In the aftermath of a serious motor-vehicle accident, injured victims and their families often console themselves thinking that their insurance coverage will take care of their expenses. Hospitalization and medical treatment, rehabilitation, therapies etc, coupled with dwindling family finances caused by the injured victim’s inability to work can create a highly stressful situation. The victim and family have to undergo severe physical, financial and emotional trauma for an extended period if the injuries are serious.

Ontario’s insurance premium rates are the highest in the country. Ontarians pay nearly 55% higher rates than the national average, although they also have the lowest rates of accidents.

Unfortunately, in certain circumstances, insurance companies can deny, dismiss or dispute your claim, leading to a financial and mental crisis. You and your insurance company may disagree on the benefits you feel that are due to you based on your understanding of the contract you have with the insurer.

Ontario offers statutory benefits to all those injured in motor-vehicle accidents, regardless of fault. This amount is to be paid out by your own insurance company. Additionally, injured victims are also entitled to file a personal injury suit against the at-fault party whose fault, negligence or flouting of safety norms resulted in the accident.

Contact an experienced Scarborough personal injury lawyer if you or a dear one has been injured in an accident. You may be entitled to compensation, based on the circumstances, nature and extent of your injuries and their effect on your life.

When Claims Are Refused

Strictly speaking, the insurance company has a right to refuse a claim. The Financial Services Commission of Ontario (FSCO) regulates the insurance industry and has incorporated an Auto Insurance Bill of Rights which sets out rights and responsibilities of the consumer very clearly.

One of the points mentioned here is that you cannot be denied insurance without being provided with reasons given in writing. The insurance company cannot deny you renewal or cancel your policy without informing you about the reason for this.

Making small at-fault claims under your comprehensive coverage may result in higher deductibles or the insurer may refuse to sell comprehensive coverage under your policy. If you have more than two at fault accidents over the last five years, you may be seen as a higher risk.

All insurance companies are allowed to use their own underwriting rules and guidelines. However, these must be submitted to FSCO and approved every year prior to being enforced. Insurers cannot deny claims based on credit history, physical/mental disability, residential address, new immigrant status or whether you’ve only recently got your.

In general, claims are denied because:

• Your policy doesn’t cover what you’re claiming
• The policy may specify the number of traffic offense convictions and at-fault accidents above which no coverage will be provided
• Repeated instances of cancellation of policy due to  non-payment of premiums
• Record of providing misleading, incomplete or incorrect information to the insurance company

Hence, it’s important to read your policy thoroughly and understand all the conditions and clauses in it. An experienced Scarborough personal injury lawyer who regularly handles such cases can assist you in case you have to file an auto insurance claim.

Slip and fall accidents pose a huge danger for senior citizens, people in poor health and pregnant women. The physical, financial and emotional consequences can be devastating if the injuries sustained in such accidents are severe.

There are numerous reasons for slip and fall accidents. They’re caused by the lack of traction between the floor and the feet or footwear which causes the body to lose balance and fall. Some of the reasons for such accident include:

• Wet or greasy floor
• Freshly-polished, waxed or cleaned areas
• Liquid spills
• Food or beverage spills
• Unmarked elevation changes
• Missing or broken tiles
• Damaged flooring
• Frayed carpets, unanchored rugs and mats
• Missing or broken hand-rails
• Lack of warning signs

Get in touch with an Oakville personal injury lawyer if you or a dear one has suffered serious injuries following a slip and fall accident. You could be entitled to compensation. These accidents are usually caused by someone’s fault or negligence and the injured have a right to seek compensation from those responsible for the accident. 

Slippery Baths and Wet Areas 

These are areas which remain constantly damp or wet, especially when the bath or pool-side is shared by a number of people or is used throughout the day.

It may be difficult to detect the presence of liquid spills or water on certain types and colors of flooring and this can lead to a nasty fall. Slip and fall accidents in baths are very common among senior citizens and it can lead to crashing the head against a wall, edge of the tub or taps and result in unconsciousness.

Seniors may also slip when balancing on one leg while getting into or out of the bath.

One solution is the walk in bath. Apart from seniors, it’s a great option for those recovering from injuries or illnesses, professional athletes or those with musculo-skeletal and mobility problems.

What Are Walk In Tubs?

These tubs are fitted with a door that can be opened allowing the person to enter the tub. Water is filled only after the door is shut and before exiting, the tub has to be drained. This means the person doesn’t have to step over the edge to get in and out, thus providing ease of use and preventing loss of balance. Some have a seat for resting comfortably while others resemble the normal reclining bath. The walk in tub can be fitted over a regular one if the design and size are appropriate.

Hand-rails and textured surfaces ensure safety and the shower fitted inside can be used while seated, providing additional comfort and safety. They’re a great way to get hydrotherapy benefits, and they’re easy to clean. Seniors prefer them because they provide independence and privacy.

They have to be fitted with fast-filling faucets, fast-moving drains and excellent temperature controls. They’re not suitable for people who require bathing assistance or are impatient.

An experienced Oakville personal injury lawyer can advise and assist you if you’re sustained serious injuries in a slip and fall accident.

Slip and fall or trip and fall accidents happen out of the blue, but sometimes their effects can last for a very long time or perhaps even for an entire life-time.

Traumatic brain injury, spinal or neck damage, facial/dental injuries, impact and crush injuries, internal organ damage, fractures of hip, pelvis, ribs, extremities etc can change your life and that of your family’s completely.

Such accidents impose a massive physical, financial and emotional burdens which are difficult to endure. Under Ontario’s Occupier’s Liability Act property-owners are responsible for the safety of all those who enter their premises legitimately.

This allows injured persons to seek compensation from those whose carelessness and negligence caused the accident. An experienced Oshawa personal injury lawyer‘s advice, assistance and advocacy can help you get the monetary relief required to restore the maximum possible semblance of normalcy to your life.

The Role Of Doctors

Proving liability in slip and fall accidents is based on:

• establishing negligence
• fixing liability
• demonstrating the causal relationship between negligence and the accident
• extent and nature of injuries caused by the accident
• impact of the injuries and losses caused by them to the victim

Independent investigations can provide information about the negligence and reasons for the accident. However, it’s the medical issues that finally determine the extent of settlement awarded.

Hence, selecting the right doctor is of paramount importance.

How To Select The Right Physician

Experienced Oshawa personal injury lawyers can help you to find the right medical treatment that will aid your recovery as swiftly as possible.

Immediately after a fall, it’s crucial that you visit a qualified physician or your family-physician immediately. This is important not just from a medical or legal point of view but also from a health perspective. Some injuries tend to worsen or show their depth only after a lapse of time. Leaving them untreated could lead to greater problems.

Apart from this, medical evidence can determine the success or failure of your claim. It helps the personal injury lawyer to evaluate the merits of your case, get material that helps him/her prepare for the discovery, negotiation and mediation stages and can play a pivotal role in the success or failure at trial. They provide information on diagnosis, severity, prognosis, duration, recommended treatments, impact of impairment.

The right doctor:

• Is a specialist with experience, expertise and up-to-date knowledge of your kind of injury
• Conducts examinations, studies test-results and writes reports himself/herself without relying on ghost-writers
• Will not share your confidential information with any third party without your consent
• Is chosen based on the expert knowledge that has to be commented on: treatment, diagnosis, rehabilitation, pediatric/geriatric patient, surgery etc.

Experienced Oshawa personal injury lawyers can help you select the right medical expert based on qualifications and credentials, clean reputation, no malpractice suits, publications and board certifications, cost, technical knowledge, experience, conflict-free career, impartiality, communication skills, presentability, hired-gun risk, peer reviews, cost, previous track record in providing legal testimony etc.

These aspects can go a long way in presenting a robust claim for compensation and ensure that your rights and interests are protected throughout the claims process.

Slip or trip and fall accidents can happen anywhere, at any time and to anyone! All it takes is a split second for you to lose your balance but the injuries you sustain in such an accident can change your life forever.

All of us enjoy the classic slip-on-a-banana-peel kind of comedy situation, but few of us realize how hazardous it can be for senior citizens, pregnant women or those who are not in good health. A host of injuries ranging from minor cuts, bruises and sprains to traumatic brain injury, head and neck trauma, spinal damage, facial and dental injuries, impact and crush injuries, and even death can result from a fall.

Such mishaps can occur while you’re out grocery shopping or in a mall, supermarket, farmer’s market or your neighborhood Mom ‘n’ Pop. What many of us tend to feel immediately is an overwhelming embarrassment and we quickly get to our feet hoping no one noticed us taking that spill. We simply want to move on.

However, the type of fall, your general health, age, elevation, etc can have a serious impact on the kind of injuries you sustain.

As an injured victim you are entitled to seek compensation for your injuries from those responsible for creating or ignoring the hazardous conditions that resulted in your accident. An experienced North Bay personal injury lawyer can provide the right advice and assistance.

Store Liability

Businesses that welcome customers to enter their properties have a responsibility to ensure that such premises are maintained in a state of safety. This principle holds true, whether it’s a big international chain, a multi-level mall, a local retailer or a mini-supermarket.

Stores have a legal obligation to ensure that they keep their premises safe. Risks are posed by:

• Wet, slippery floors

• Liquid spills
• Unanchored mats, frayed/torn carpeting
• Fruit or vegetables, dry or wet goods left in aisles
• Uncleared ice/snow/water at entrances and exits
• Debris and clutter
• Piled up items
• Packaging bursting open, causing leakage of contents
• Cleaning products and tools
• Loose wiring, cables
• Damaged flooring
• Missing or broken tiles
• Badly-maintained washrooms
• Unsafe staircases, elevators, escalators
• Missing or broken hand-rails
• Poor visibility
• Lack of warning signs
• Poorly-maintained parking-lots

There may be any number of potential hazards in a store, but it remains the duty of the premises owner, under the Ontario Occupier’s Liability Act, to ensure the safety of the premises under his/her control.

Safeguard Your Rights

Ensure that you report the accident immediately to someone in authority. Avoid making inadvertent remarks like “I’m so sorry, it was all my fault!” or “I should have seen that!”

Seek immediate medical attention from your family-physician and ensure that you follow their advice. Keep all bills/receipts of expenses incurred in relation to the accident. Take photographs of the location, your injuries and the cause of your accident if possible. Preserve footwear and clothing worn at the time.

Get contact details of witnesses. Avoid communicating with the store-owners/insurers etc without your North Bay personal injury lawyer‘s advice.

While you’re recovering, avoid posting on social media.

As an Ontario resident, you may have heard the term “no-fault insurance” and wondered what exactly it means.

These mishaps result in enormous losses and injuries of a physical, financial and emotional kind to the victims and their families.

When it comes to claiming compensation by the injured, there are two main options open to them. According to Ontario regulations, all those injured in motor-vehicle accidents are entitled to claim statutory benefits, regardless of fault. Additionally, injured victims can file a personal injury suit against the at-fault party. Both these settlements are made by the insurance-companies of all parties involved.

Statutory benefits or “no-fault insurance” is available to all those injured in the accident and there is no requirement to demonstrate whose fault or negligence caused the accident.

An experienced Owen Sound personal injury lawyer can assist you with the right information regarding these terms and the options  available to you to get the maximum possible compensation for your losses.

No-Fault Insurance

Though it may seem otherwise, no-fault insurance doesn’t mean that no one was at fault in the accident that caused your injuries. All it means is that the injured person can deal with their own insurance-company to receive compensation for damage to your vehicle and to cover your expenses if you’ve been injured. It also means you don’t have to pursue the at-fault party for a settlement.

This covers all passengers who were in your vehicle at the time of the accident who have car insurance policies of their own. They can approach their own insurance-companies for no-fault benefits. If they don’t have car insurance, then your insurance company may pay out these benefits. Similarly, the driver of the other vehicle, even if he/she is at fault can claim benefits from his/her own insurance company and so also their co-passengers.

Ontario is a no fault insurance province.

Such regulations help insurance-companies to deal with claims swiftly and more economically, rather than pursue a fault claim.

However the term “no-fault” doesn’t imply that the insurance-companies will not conduct investigations into determining who was at fault in the accident.

Fault Determination

Ontario’s insurance premiums are among the highest in Canada, although the accident rates are the lowest in the country. This means that vehicle-owners pay out nearly 50% more than the average Canadian in insurance premiums.

When an accident occurs, someone is deemed to be at fault either partially or completely. According to the law, insurance-companies are mandated to assign a degree of fault to each of the drivers involved in the accident. This is done by conducting investigations, interviewing witnesses, employing experts etc to apportion the fault to the parties involved.

Even if no police charges are made in the accident, the insurance-companies will use their Fault Determination Rules under the Insurance Act and assign fault accordingly.

The result can affect your premium rate and hence, it’s important to keep a meticulous record of all that occurred in the accident in case you need to dispute the insurance-company’s findings.

Contact an experienced Owen Sound personal injury lawyer to safeguard your rights and protect your interests.

With the burgeoning of technology and design, modern motor-vehicles are intended to stretch the limits of speed and endurance. It was in the beginning of the 20th century that automobiles entered the transportation market, but they were still seen as a rich person’s toy. In 1920, Ford sold nearly a million cars and there has been no looking back since then.

Modern automobiles are a far cry from those pioneering creations. Today, concepts like safety, fuel-economy, emissions, environmental impact stand shoulder to shoulder with vehicle electronics, performance, price, durability, ease of driving, quality and use of cutting edge technology, making the modern motor-vehicle an engineering marvel.

One of the features that many drivers consider while selecting a car is the maximum speed that a vehicle can achieve. Though it’s not possible to really let the car rip in our crowded cities, vehicle owners want one that’s capable of attaining top speeds while on highways and expressways.

Transport Canada prescribes stringent safety standards for all vehicles on its roads. All vehicles made or sold in Canada have to meet the Canada Motor Vehicle Safety standards. The Motor Vehicle Safety Act regulates the safety standards of motor-vehicles and motor-vehicle components.

Motor-Vehicle Accidents

Accidents are not inevitable events. They are usually avoidable and preventable, and most often caused by someone’s fault or negligence.

Some of the common reasons for a collision are driver-behavior related, while other reasons could be the driver’s response to external factors.

The common reasons for collisions are:

• Impaired driving caused by alcohol, drug or prescription medication consumption
• Fatigue
• Distractions including use of cellphones
• Speed, racing and performing stunts on the road
• Road-rage, aggression
• Defective or malfunctioning automobile parts
• Weather conditions
• Unfamiliar or rural roads
• Poorly-maintained roads
• Failure to obey warning signs
• Inexperienced or aged driver
• Non-use of safety restraints

Whatever the reason, victims in MVAs who sustain serious injuries  and their families have to shoulder the burden of medical costs, income loss, pain and suffering.

An experienced Oshawa personal injury lawyer can assess your case and provide guidance and assistance. You may be entitled to compensation.

How Does Speed Affect Safety?

Speed limits are imposed keeping in mind the general traffic conditions, nature of surroundings, the course of the road, general use of the road etc. For instance, lower speeds are recommended around school zones to protect children. Warning signs are posted at curves, elevation changes, crossings, etc to alert the driver to changes in the surroundings.

“Speed Kills” is a slogan that holds a lot of truth. Nearly 1.25 million people are killed every year in traffic accidents, with nearly 50% of these caused by over-speeding. Speeding creates a different set of problems when accidents occur, and injuries can be much more severe if the vehicle/s were traveling at very high speeds.

Very high speeds result in:

• Higher impact forces
• Limited time to react, maneuver, negotiate
• Reduced distance between vehicles
• Extended braking distance
• Impaired judgment

An experienced Oshawa personal injury lawyer can provide the right assistance and advocacy if you or a dear one has been injured in an MVA.

Auto accidents can be disruptive, whatever the nature and extent of damage and injuries. However, when such accidents cause serious or life-altering injuries, the situation becomes extremely difficult for not just the injured person, but often for the entire family.

Injured victims and their families face huge pressures as the physical, financial and emotional problems connected with the accident begin to mount. Being hospitalized or undergoing treatment means time out from work and loss of wages. Medical expenditure can spin out of control, while the stresses and strains of all these problems can lead to anxiety, panic attacks, depression, breakdown of relationships etc.

All injured victims of motor-vehicle accidents (MVA) are entitled under Ontario’s Insurance Act to avail of statutory benefits regardless of fault. Additionally, victims can also sue the at-fault party for compensation if the accident was caused by their fault or negligence.

These aspects are best handled by an experienced North Bay personal injury lawyer who has dealt successfully with such cases before.

The Changing Face Of The Legal Profession

The entire face of the legal profession has changed over the past few decades. Today, there are mega-sized global firms with a presence in every continent on earth, highly-skilled and trained super-star lawyers whose mere presence is enough for insurance-companies to buckle under. The use of the latest technology, digital tools and investigative methods, and a more contemporary structure and management-based organization have led to huge innovations in the way things work in the legal profession.

However, the primary focus of personal injury law remains steadfast and protecting the rights and interests of clients remains top priority.

Top ranking law firms can showcase a wide range of expertise in almost every area of law. This is another important trend in law – moving away from generalist to specialization. As with other fields, lawyers also gain knowledge, experience and expertise in specific areas of the legal profession. Hence, under the civil or tort law umbrella, personal injury lawyers further specialize in areas like MVA, slip and fall, animal attack, dog-bite, medical malpractice, defective product, truck accident, amusement park accident, cruise-ship accident, premises liability, host liability etc.

However, there are many firms which retain their one-on-one relationships with clients, stay local and cater to the neighboring communities and have a connection with local events, courts and the local bar associations.

What Is The Personal Injury Lawyer’s Role?

Insurance companies which have to make the settlement payouts may not act in good faith. They can deny/dismiss/dispute your claim, minimize the nature and extent of your injuries and/or their client’s negligence/liability.

Experienced North Bay personal injury lawyers can:

• Provide a genuine, swift, comprehensive evaluation of your case and advise you on its merits
• Help you access the best medical care
• Help fund your expenses
• Defer fees until a successful outcome is achieved
• Handle the complex medical, legal and insurance issues involved
• Complete the paperwork accurately and in time
• Conduct independent investigations to assemble a robust claim
• Assemble a range of evidence
• Conduct negotiations with at-fault parties/insurers/legal representatives
• Protect your rights
• Take the case to trial if talks break down

Help you get the compensation you deserve

Serious injuries sustained in auto accidents may require hospitalization, surgery and extended rehabilitation. They result in restricted mobility, loss of income/wages/earning-capacity, the need for an attendant or caregivers, etc. Coupled with this, medical expenses may spiral out of control, while creating immense emotional stress for all concerned.

Often, we take refuge in consoling ourselves that the only silver lining in this cloud is the fact that we have insurance coverage. We believe that our medical expenses will be reimbursed, while we get the appropriate compensation for income-loss.

To this end, we pay our premiums diligently, even though the average auto insurance premiums in Ontario are the highest in Canada. The province’s insurance rates are almost 55% higher than those in other jurisdictions.

Yet, when it comes to the crunch, we could find that our insurance company fails to rise to the occasion.

Accidents are caused by someone’s fault or negligence. Injured victims are entitled to seek compensation from those responsible for the accident. Injured Motor-Vehicle accident (MVA) victims in Ontario are also entitled to receive statutory benefits regardless of fault.

These settlements are payable by either the at-fault party’s insurer, or by your own.

Settling With Insurance Companies 

Being for-profit organizations, insurance companies are primarily focused on protecting their own business interests. They may adopt a variety of tactics to avoid making a settlement payout. Technical grounds, delaying tactics, disputing facts presented by you, compelling you to admit that the accident could have been partly caused by you, etc are ways in which claims are denied/disputed and settlements minimized/refused.

• Following an accident, insurance companies may record your  conversation when they ask a series of questions. You are not compelled to answer them without the advice of an experienced Mississauga personal injury lawyer‘s advice.

• We assume that we are being honest and co-operative, but inadvertent statements, admissions, ambiguity, slight misrepresentation of facts etc may hurt your claim.

• Although personal injury suits are governed by filing deadlines and statute of limitations, there is no hurry to settle with insurers until the full nature and extent of your injuries is known and the financial implications are understood.

• You may not be aware that the insurance-company’s negotiators and claims-adjusters are lawyers themselves. Handling negotiations by yourself can be challenging.

• Insurance-companies often hold back information from victims – for instance, that you’re entitled to a rental car while yours is being repaired, that if you agree to a meager settlement in return for getting your car fixed, you could end up losing a packet on your medical bills, etc.

• All your medical bills may not be reimbursed. Insurers use “reasonable and customary” standards to compare your bills to those charged by similar doctors. Hence, your bills may be refused, citing these standards or that the treatments were unnecessary.

• There may be time-limits for treatments that you’re unaware of, and insurers may get you to sign documents that release access to your prior medical and employment records.

Insurers may discourage you from consulting a lawyer, but ultimately, experienced and knowledgeable Mississauga personal injury lawyers who deal with such cases regularly, work on your side to protect your rights and interests.

Our shoulders literally “shoulder” a lot of work in our daily life. Whether it’s lifting, pushing, exercising, dancing, walking or engaging in sports, the shoulders are a vital aspect in helping us perform a wide range of activities.

Being the most mobile joint in the body, it is extremely flexible and has a wide range of motion. Along with this, it is also not a very stable structure and can easily be dislocated or injured.

Slip or trip and fall accidents are a common reason for shoulder injuries. Unfortunately, accidents aren’t always chance events. They are caused by someone’s fault or negligence.

A seriously injured victim and his/her family face physical, financial and emotional issues when accidents occur. This is because the injured person requires medical care and rehabilitation, during which time he/she is unable to work. Loss of income/wages would put a strain on their finances, while the mounting cost of medical expenses causes mental and emotional strain. There may be severe pain and suffering that the victim has to undergo till the joint is completely healed.

If you or a loved one has suffered such injuries as a result of another’s negligence, talk to a Kingston personal injury lawyer without delay. You may be entitled to compensation.

Shoulder Joint Facts

There are two main bones that make up the shoulder – the upper arm bone and the shoulder blade. The end of the arm bone is shaped like a ball and it fits into a socket in the shoulder blade. A bunch of muscles, nerves and ligaments surround this joint, with tendons connecting muscle to bone.

Based on the type of fall, location, your body weight, how the fall impacted your body and whether you attempted to prevent the impact etc are aspects which determine the nature and extent of injury.

Dislocated shoulder is a very common result of a fall. Sprains, shoulder separation, ligament tear, rotator-cuff tear, nerve injury, fractures, pulled muscles, frozen shoulder etc are some of the results of a slip and fall accident. Falling on your outstretched arm can cause severe ligament tears.

Getting immediate medical help to alleviate pain and to start treatment is of vital importance. The symptoms of shoulder injury can last for a very long time. They affect your mobility and restrict your normal routine. This means you may not be able to resume your accustomed work or play habits until complete healing has taken place. 

Treatment

Rest, ice-packs, muscle relaxants, use of a sling, medications for pain relief, keeping the area elevated etc are some of the home-care aspects of dealing with shoulder pain.

However, it’s important to get professional medical help immediately. A primary health-care professional like a general physician, family-medicine specialist etc can help diagnose the problem. Based on the severity you may need further assistance from an orthopedic specialist or surgeon. Later you may need physiotherapy etc to complete the treatment.

An experienced Kingston personal injury lawyer can help you get the right treatment and ensure that your rights are protected during the compensation process.