Tag Archives: brampton injury lawyers

Brampton Motor Vehicle Accident Lawyer: How Brampton Motor Vehicle Accident Lawyers Can Help You With Your Claim?

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Motor Vehicle accidents can have a devastating effect on not just those directly involved, but also their families. No matter what the nature and extent of the injuries and damage, victims may have to spend a lot of time undergoing treatment, take time out from work, follow up on the paperwork and ensure that their rights and entitlements are protected. Brampton Motor Vehicle accident lawyers can provide the right advice and assistance in such cases.

Do You Really Need A Lawyer?

This is a question that almost every client faces at some point following an injury. While it’s true that legally speaking, you are free to represent yourself in negotiations and in court, there are several real benefits that an experienced Brampton personal injury lawyer can provide.

Personal injury claims hinge on proving negligence or fault of the other party. When you’re injured and probably hospitalized or undergoing treatment, it’s certainly impossible to deal with the complex legal, medical and insurance matters involved.

Let’s look at some of the advantages of entrusting the case to a Car Accident Lawyer Brampton:

Information: Most people are unaware of their rights and entitlements. They may not know exactly what claims they can make. Most victims understand that they can be compensated for medical expenses and loss of income, but they may be unaware of claims like statutory accident benefits, loss of guidance and companionship, emotional distress, pain and suffering, etc or that their family-members can also make claims. We provide detailed information on all the options available to you in our first, free, no-obligations consultation.

Paperwork: The process of filing claims is highly complicated, with several deadlines that have to be met. Car accident claims must  be filed within the prescribed time-limit and in the correct format. Demand letters and notifications accompanied by the correct documentation have to be sent to ensure that your claim is not rejected.

Investigation and Gathering Evidence: Personal injury lawyers and law-firms have the resources to conduct independent investigations. We can get the services of experts to provide reports to back your claim. Crash-specialists, medical experts, automotive engineers, witnesses, your employers, etc can be assigned the task of providing the necessary proof of your Brampton Car Accident Claims. This can be accompanied by documents, photographs, CCTV footage etc. We can also access police and traffic records to shore up your claim if the other party was drunk, speeding, distracted etc.

Negotiation: It is a fact that more than 95% of personal injury claims are settled outside the courtroom. This is done through negotiations and presentation of evidence and counter-evidence from both sides. Insurance-companies are for-profit organizations whose job is to protect their own business interests. That’s why they may use various tactics to delay/deny/dismiss/dispute your claim. Our experienced Brampton Lawyer 24/7 can help you to defend yourself against such activities. Often, insurance claims adjusters may offer a swift, but low-value compensation, assuring you that this is all you will get. However, hiring an experienced lawyer gives them the idea that you are serious about your claim and know your own rights and entitlements.

Procedures: Most people get their ideas about law and lawyers from the media. What’s shown on TV and film is certainly not the whole story. In reality, getting the compensation you deserve is a process that needs patience, experience, an eye for detail and expertise in the law. Negotiation skills are at the forefront of successful claims. We can review your insurance-contract and get the maximum possible settlement under the terms of your policy. We can also prevent any violation of your rights and help you to protect yourself against saying or doing anything to jeopardize your own claim. In some cases, the at-fault party may refuse to respond to your claim. We can help you prepare the pleadings, complaint letter etc which has to be responded to within a certain time limit. The process of discovery is another area where our skills can benefit you. Here we can ask for information about the at-fault party and also depose their witnesses.

Trial: Though a majority of cases are settled without going to trial, in rare circumstances, your case may have to be tried in court. That is why it is important to hire a Brampton Injury Lawyer Near Brampton Civic Hospital right from the early stages of the claim. This gives them the leverage and the familiarity with the case to put their best in court. Our Brampton Motor Vehicle accident lawyers can represent you in both negotiations and in court. Some clients want to “have their day in court,” especially if the case is tied up with strong emotions or they feel that the at-fault party needs to be publicly dealt with. In all these cases, we are prepared to advocate for you with all the experience and expertise that is at our command.

How Do I Make An Accident Claim For Benefits Following Injuries In A Car Accident?

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Brampton car accident lawyers can understand the chaos and confusion that usually follow in the wake of an automobile accident, whether major or minor. If people have been injured, the issues get even more complicated. In such a scenario, it’s entirely possible that those involved focus on the immediate situation – getting emergency medical treatment, notifying the police and traffic authorities, ensuring that people are safe etc.

Unfortunately, this is also a crucial period in terms of the legal and insurance issues connected with making a claim for compensation for losses sustained due to injuries or property damage. Under Ontario laws, anyone who is hurt in automobile accidents is entitled to claim statutory benefits from their own insurance carriers, regardless of fault. In addition, they are also entitled to file a personal injury suit against the party who is responsible for causing the accident.

It’s wise to get help from an experienced Brampton personal injury lawyer to advise and assist you through this process. We protect your rights, deal with insurance companies, ensure that your claims are filed accurately, in time and at the right venue and support you and your family till you receive a satisfactory settlement.

Step By Step Claim Filing Process

It’s important to understand the complex nature of the process, the legal and insurance aspects, rules and regulations and the procedures involved in filing a compensation claim. Claims are often rejected or delayed for a variety of procedural and technical reasons. We make sure that you get it right the very first time.

Contact an experienced personal injury lawyer from Singh Barristers who has dealt with similar claims. This can steer you in the right direction right from the start.

Let’s look at the process in a step by step manner:

The Financial Services Commission of Ontario’s website provides detailed information on what should be done following a car accident.

You can also contact your personal injury lawyer who can advise you on the way forward. The police or traffic authorities have to be informed immediately and you should call an ambulance or emergency services if someone has been injured.

  1. Inform your insurance company, agent or broker immediately. This should be done within seven days of the accident, otherwise your claim will not be honored, no matter how badly you’re injured, or what losses you’ve suffered. When you call to inform them, make sure you provide as many details as you can, regarding the at-fault party’s vehicle, ownership, insurance company etc. Provide details about the accident regarding time, place, date, the extent of injuries, damage to the vehicle, name/badge number of the police officer/s who responded. Provide a brief, factual description of the accident without giving opinions, assigning blame or indulging in speculation. Inform the insurer that you intend to make a claim.
  1. Read your own insurance policy and ensure that you are familiar with all the terms and conditions. This is important because you will be filing a claim for statutory accident benefits, available in Ontario regardless of fault.
  1. Request an Application form for Accident Benefits. Don’t assume that your insurance company will send it to you automatically.
  1. Fill up the form: It may include portions to be completed by your employer for information about your work and income and another form to be completed by the medical professionals involved in your treatment. Self-employed persons have to provide tax returns, etc. as proof of income. There may be other forms to fill up which describe the category of benefits that you want to get. You can seek the help of our legal team of experienced personal injury lawyers while filling up the forms, since any mistake can be detrimental to the success of your claim. The set of forms also includes a Permission to Disclose Health Information Form and a Treatment Confirmation Form. All these must be duly completed and returned within the specified time.
  1. You may be contacted by the claims adjuster assigned to your file. They may ask you questions over the telephone or request a personal meeting. Speak to your personal injury lawyer before such a conversation or meeting and ensure that you don’t make any inadvertent statements that could jeopardize your claim.
  1. Insurers may require you to undergo medical assessments. These are conducted by doctors and medical professionals of their choice. Make sure that you cooperate fully in these evaluations.
  1. Compensation is sought for income replacement or non-earner benefits, caregiver benefits if applicable, attendant care, medical and rehabilitation expenses, other out of pocket expenses like travel, visitors, housekeeping, household maintenance, educational expenses, etc based on the terms and conditions as applicable in your insurance policy and/or that of the at-fault party. If death occurs, the family is entitled to claim compensation for funeral expenses and death.

Once the application is completed and submitted, you need to wait for the response. Meanwhile, avoid social media posting or talking about the claim to anyone other than your lawyers.

Has Your Long Term Disability Claim Been Denied?

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Brampton personal injury lawyers Singh Barristers understand how devastating it is when your long term disability claim is denied by insurers. This can be overwhelming and depressing for the entire family. Dealing with the enormous physical, financial and emotional consequences of a serious accident that left you unable to work or enjoy life as you used to can be a totally unexpected bolt from the blue.

Though monetary compensation can never replace what you lost, it certainly makes life more comfortable for you and your dear ones. You can afford to get the professional care, medical attention and therapies you need, your family need not suffer from financial troubles due to lost income/wages and getting some help from an attendant or caregiver gives you and your family the badly needed respite. But when insurance companies deny, delay, dismiss or dispute your claim, you need help from an experienced long term disability lawyer. There are several complex medical, legal and insurance issues involved, huge amounts of paperwork and documentation, deadlines to be met and processes to be followed. Getting the right help leaves you free to concentrate on recovering your health and strength and remain in a peaceful, stress-free state of mind.

There are various reasons why claims are denied. Incomplete or inaccurately filled application forms, not filed in time, lack of medical evidence, not being under the proper care of the right doctor etc are some of the common reasons. Speak to a Brampton personal injury lawyer at Singh Barristers to help you get the compensation you rightly deserve.

How Long Term Disability Lawyers Can Help You?

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Speak to a Toronto personal injury lawyer at Singh Barristers when you need advice, assistance and advocacy on your long term disability claim. This is a complex issue that involves several complicated medical, legal and insurance questions. Not all of us are qualified or well-informed about these matters and that is our weak point. Insurance companies may not always act in good faith when disability claims are made. They may delay, deny, dispute or dismiss your claim on various technical grounds. An experienced long term disability claims lawyer is your partner in getting the compensation you deserve.

We can help you to understand your insurance policy thoroughly. These documents are complicated and convoluted. Most of us sign them without truly understanding each and every clause. We can also help you to understand the issues contained in your claim denial letter. Once you’re informed, it allows you to make the right decisions and counter measures. Through this process, you get a better understanding of your rights and entitlements as an insured person.  We can advise you about all the available options, the strategies that can be adopted and the best possible response to such a denial. From our experience in regularly dealing with such cases, we can figure out how to bridge the gaps and ensure that you can give the insurers whatever documentation they need. If negotiations break down, we are prepared to help you fight for your rights. Speak to a Toronto personal injury lawyer at Singh Barristers right now.

Is There A Winning Formula For Successful Claims?

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If you or a dear one has suffered serious injuries in a car accident or slip and fall accident, it can disrupt your life in many ways. Hospitalization, medical treatments, expensive medicines and drugs, rehabilitation and physiotherapy, etc are the methods to try to restore your physical health. All these cost money that may be a scarce resource now that you’re unable to work. If your family is dependent on your wages, it can make life very difficult for all of them. Apart from these physical and financial issues, people who survive accidents go through emotional trauma too. It may be in the form of survivor grief if your co-passengers were killed, depression, anxiety attacks, panic, sleep disturbances, dependence on drugs or alcohol, breakdown of relationships, mood changes etc.

Injured persons are entitled to compensation from those whose negligence or fault caused the accident. Hence, clients are anxious about whether their claim will be successful or not. There are no guarantees but in certain broad terms, if some conditions are fulfilled, it makes your chances for success brighter. Your injuries must be serious enough to cross the threshold for damages. The negligence/fault has to be established. You have to provide proof that the negligence caused the accident and that your injuries are a direct consequence of this particular accident. The impact of your injuries on your life and the losses you suffered have to be proven. As experienced Brampton personal injury lawyers, we understand that you will never be the same again after an accident, but compensation can make your life a bit more comfortable and secure.

Putting Insurers On Notice: Saadati vs Moorhead: Evidence of Recognized Psychiatric Injury Not A Precondition to Recovery

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Brampton personal injury lawyers have taken note of a landmark judgment on June 2, 2017, where the Supreme Court of Canada released a unanimous decision that filled a much-felt void in tort law. The court stated that proof of a psychiatric injury is not required to be furnished as a precondition to the award of damages for mental injuries that were caused by negligence.

Previously, it was common for courts to dismiss mental or emotional injury claims caused by negligence if the claimant was unable to demonstrate valid proof of a recognized psychiatric injury. However, this judgment now clearly shows the way. The court ruled that to establish a mental injury caused by negligence, the claimant has to show evidence for a “serious and prolonged disturbance that can be distinguished from normal annoyances, anxieties and fears.”

Saadati vs Moorhead

The case was heard in the Supreme Court after various trials at the Supreme Court of British Columbia (BC) and the BC Court of Appeal.

Mohsen Saadati (Appellant), Grant Iain Moorhead, Able Leasing Ltd and one other (Respondents) and the Insurance Bureau of Canada (Intervener) were the parties.

In the years 2003-9, Saadati was involved in five separate motor-vehicle accidents and suffered injuries. He was declared mentally incompetent in 2010 and has been represented by his litigation guardian. He had experienced chronic pain since the first accident which became aggravated after the third one.

Saadti sued the other parties in negligence, seeking damages for non-pecuniary losses and past income loss that arose from the second accident. Respondent admitted liability for the accident but rejected the claim for damages.

Since Saadati was unable to testify at trial, the trial judge found that the testimony of his friends and relatives was sufficient proof of psychological injury and awarded non-pecuniary damages of $100,000. The claim for physical injury was rejected and the judge did not find that the evidence of his expert psychologist to be enough to establish psychological injury. The BC court of appeal overturned this decision. This decision was later reversed by the Supreme Court of Canada.

Criteria for Recovery in Cases of Mental Injury in Negligence

The Supreme Court judge ruled that there are five cumulative criteria which determine the proof of existence of mental injury in negligence:

  • Duty of care
  • Breach of duty
  • Damage
  • Legal Causal relationship
  • Factual Causal relationship

There is no requirement to prove that a specific, recognizable injury was sustained by the claimant. To establish mental injury, the presence of serious and prolonged disturbances, beyond ordinary annoyances, anxieties and fears is enough. The important factors are symptoms and their effect and not the diagnosis. Proof that the defendant could have foreseen the injury and not the recognizable psychiatric illness is sufficient, ruled the court.

Implications for Accident Victims

In the light of this judgment, Toronto car accident lawyer and Toronto slip and fall injury lawyer can advise you suitably, if you or a dear one has suffered mental injuries in an accident.

This decision will certainly have a huge impact on future cases, since it puts mental and physical injuries on equal footing. Claimants who have sustained mental injuries no longer have to get a diagnosis of a specific injury and can instead demonstrate serious and prolonged disturbances in support of their claim.

Brampton Car Accident Lawyers: Advice, Assistance and Advocacy!

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Brampton personal injury lawyers Singh Barristers can provide you with a comprehensive range of services that help you and your family get your lives back on track following a car accident.

Whether you suffered a minor fender-bender or a catastrophic collision, it’s certain that you and your family could face certain physical, financial and emotional consequences.

It’s only natural that the mishap disrupts your life in many ways. You and your family may find it difficult to meet medical and rehabilitation expenses, pay for care-giving, meet household expenses when your earning-capacity is curtailed. Additionally, you may also suffer anxiety, fear, depression and post-traumatic stress.

As you struggle to deal with these problems, it’s important to understand that as a victim you also have certain rights. Accidents are not always “accidental.” They are sometimes caused by someone else’s fault or negligence. If you or a dear one has suffered injuries in an accident, contact the nearest personal injury lawyer in Brampton. We can advise you about your rights, based on:

  • circumstances of your case
  • nature and extent of injuries
  • kind of losses suffered

What Benefits Can I Claim?

Ontario’s no-fault benefits scheme SABS (statutory accident benefits scheme) entitles all those injured in motor-vehicle accidents to claim statutory benefits, regardless of fault. This means that your own insurance-company will pay out certain benefits to cover some of the expenses that you have to incur as a result of the accident.

You are also entitled to sue the person/s responsible for the accident. This is best done with the assistance and advice of an experienced Brampton car accident lawyer.

Complex Procedure

Bringing a personal injury suit can be daunting for someone unfamiliar with the process. Victims of accidents and their families are usually focused on recovery and dealing with the day-to-day aspects of it.

There are several complicated medical, legal and insurance issues involved in getting the compensation you may justly deserve. They include:

  • Whom to bring the suit against?
  • Gathering evidence to back your claim
  • Documentation
  • Statute of Limitations time frame
  • Dealing with insurance-companies/claims adjusters
  • Location/venue/jurisdiction
  • Witnesses and Experts

We protect your rights while conducting the process according to the necessary protocol. 

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)

Stay Safe While Running: Sharing The Road

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Brampton personal injury lawyers know from experience that with summer weather approaching, more and more people are out on the roads. Many of these include runners and whether they’re in it for the sheer pleasure of enjoying the warm weather sport, or they’re prepping for a big event or marathon, runners remain vulnerable on our roads.

Getting fit and not getting hit is a huge priority for runners. Running early in the morning, at dusk or late at night put runners at risk of being hit by motor-vehicles. Drivers have a responsibility to ensure the safety of all those whom they share the road with, but accidents can and do happen.

Most of these mishaps are preventable and they’re caused by someone’s fault or negligence. If you or a dear one has been hit by a vehicle while you were out running, contact a car accident lawyer with experience in handling similar cases. You may be entitled to compensation.

Runners have the same rights and responsibilities as pedestrians. They’re just as vulnerable on the street but they also need to follow traffic rules and ensure that they don’t indulge in risky behavior.

Cities like Toronto have more than 600 km of trails and a vast park system that covers nearly 13% of the urban land area. However, this doesn’t prevent runners and joggers from using busy urban areas and streets. Ownership of the pavements and maintaining proper running etiquette are some of the concerns that all road users have regarding joggers and runners.

Runners and joggers are completely exposed to impact forces when collisions happen. Staying safe is a huge priority for them, because an accident can impose enormous physical, financial and emotional burdens on them and their families. Runners have to ensure that they use the roads and pavements safely and responsibly.

Tips for Safe Running:

Be visible: Wear bright, reflective clothing and shoes especially if you enjoy early morning or late evening runs.

Against Traffic: It’s wiser to run opposite to oncoming traffic. This way you can avoid being hit from behind and also gauge what’s coming at you.

Stay On The Shoulder: Keeping to the shoulder and designated areas for pedestrians ensures that you don’t come in the way of motor-vehicles.

Know The Area: Running on unexplored trails is great but a familiar route is much safer.

Pride Goes Before A Fall: Swallow your ego and give way to traffic even if you have right of way.

Valuables/Jewelry: Remember you’re under observation. Muggers may attack you just for the stuff you’re carrying.

Let People Know: your route and timings. Stay in touch with friends and family so they are alerted immediately in case of mishaps.

Stalking: Sexual predators are an ever-present risk. If you feel you’re being followed, calmly jog into a public place or residence and call the police.

Carry bus-change or cab-fare: You may sprain an ankle/tear a ligament.

Check your laces.

Avoid distractions like cell-phones/music/radio/texting.

Running in groups is great but you need to respect pavement etiquette.

What Every Cyclist Should Know: A Legal Overview

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Brampton personal injury lawyers understand that with winter blues becoming a thing of the past, more and more people are taking out their bicycles. Ontario’s major cities are among the most cycling-friendly cities in the world. Toronto alone accounts for a daily downtown count of at least 19,000 cyclists who use the roads between 7 am and 7pm. This activity allows people to enjoy the exercise and be a part of the eco-friendly movement while traveling around town for work, sport or entertainment. However, cyclists remain among the most vulnerable of road-users along with pedestrians and motor-cyclists.

A recent report released by Ontario’s Chief Coroner reveals alarming statistics. One of the findings states in unequivocal terms that 100% cycling fatalities were preventable. To quote from the study, “…..this hypothesis held true in each and every death we reviewed.”

Cycling accidents like most other types are avoidable. A majority of them are caused by someone’s fault or negligence. Cyclists themselves may be partly responsible for collisions, but it’s also the duty of motor-vehicle drivers to ensure that they drive responsibly and stay alert. If you or a dear one has been injured in a bicycle/motor-vehicle collision, consult an experienced car accident lawyer without delay. You may be entitled to compensation.

Know Your Rights

The Ontario Ministry of Transportation rules clearly specify that cyclists should know highway and traffic regulations before they take to the roads. They don’t require license-plates, registration, vehicle insurance or driver’s license. There’s no age limit to riding. They cannot carry passengers if their vehicle is meant only for a single rider. Cyclists are considered to be road-users like all others who share the road. They are subject to the same traffic laws, and have the same rights/responsibilities as other road-users.

Since January 1, 2017, several new guidelines have been in force regarding laws that cyclists must obey. Some of these laws concern motor-vehicle drivers too, such as the One Meter Passing law, Dooring, use of intermittent flashing-lights by cyclists, increasing fines for non-compliance in use of reflective clothing etc, and the wearing of helmets.

Cyclists must  ride far from the curb to stay clear of sewer-grates, debris, parked-car doors etc. They’re also allowed to occupy any part of the lane if their safety warrants it.

As more awareness is being created and cyclists are now a familiar sight on our roads, it important to take stock of how general traffic rules can be made more convenient to accommodate them. Advocacy groups like Cycle Toronto recommend that the provincial laws be changed to allow bikers to follow the Idaho stop rules which treat stop signs as yield signs and red lights as stop signs. Cycles are vehicles governed by the laws of momentum and such cycle-friendly regulations can go a long way in reducing collisions and clearing  misunderstandings about cyclist behavior and driving styles.

Injuries sustained in cycling accidents can have serious physical, financial and emotional consequences on not just the injured victim but also on the entire family.

Our 24×7 injury lawyers can help to protect your rights and ensure that you get the compensation you deserve.