Brampton personal injury lawyers understand that slip and fall accidents can occur like a bolt from the blue, but often their impact can be felt by the injured victims and their families for a very long time.

A simple fall can result in a variety of injuries, based on the location, kind of fall and the age/health status of the victim. In general, older people, pregnant women and people with health issues may suffer a greater impact.

In many cases, the victim may fail to report the problem, or consider the injuries too minor to warrant a visit to the doctor or ER. What is seldom understood is that accidents are not always “accidental.” They’re usually caused by someone’s fault or negligence. The injured are entitled to seek compensation for the losses they suffer as a result. Experienced Brampton slip and fall injury lawyers can provide advice and assistance.

One of the issues faced in slip and fall claims is establishing liability. If there are aspects of the case that suggest that the complainant was himself/herself careless or has contributed in some way to the accident, the settlement could be reduced proportionately. Taking reasonable precautions is important and can certainly play a role in ensuring the success of your claim.

Preventing Slip and Fall Accidents

Although it’s impossible to completely eliminate risks, especially if they’ve been created by other people, you can reduce your chances of slipping or tripping and falling.

Planning ahead is important: Even if it’s a short walk down to the corner store or a stroll round the neighborhood park, it’s wise to know exactly what is involved. Planning ahead involves knowing the route well, checking weather forecasts, being aware of potential hazards on the way like construction zones, uneven terrain, traffic conditions, etc.

Ensure visibility: If you’re an older person or have health issues, walking after dark and running errands on cloudy days is inadvisable. There may be areas that are poorly-lit that could cause a fall. If you wear glasses, ensure that you wear the right ones. We often step out wearing our reading glasses which may not be suited for moving around outside.

Wear the right gear: Dressing right when you step out is not just for aesthetic reasons. If you’re caught in rain or a sudden cold spell and not dressed right for it, you may hurry to get to a shelter and this can be hazardous. Similarly, wearing the right footwear is equally crucial. Non-skid, comfortable footwear is essential for not just older people, but for anyone who wants to stay safe while walking. Ensure that it’s in good condition.

Be aware and cautious: Listening to music, texting, answering calls on your phone etc are dangerous. Stay vigilant and alert at all times to avoid risks. Obey signs that caution “Wet Floor” or “Don’t Walk Here.” Watch for clutter and debris around construction zones.

If by some misfortune, you do slip and fall, whatever the nature of injuries, it’s wise to contact the nearest personal injury lawyer in Brampton who deals with similar cases immediately. We offer the right guidance to help you through the entire process.

Brampton personal injury lawyers understand the importance of getting the best possible settlement for their clients who have been injured in accidents.

Accidents can result in life-changing consequences and getting monetary compensation helps to make the lives of victims and their families a little easier and more comfortable.

However, unless you have the right kind of legal advice, assistance and advocacy, getting a satisfactory settlement from those responsible for causing the accident can be a well-nigh impossible task. There are several complicated legal, medical and insurance issues involved and only an experienced and knowledgeable legal mind can deal with them.

Selecting the Right Personal Injury Lawyer

Obviously, there are many factors involved in winning a satisfactory settlement. Getting the right personal injury lawyer certainly plays a huge role in this process.

1. Exclusive practice of personal injury law: The law like most other fields has areas of specialization, in which a legal professional gains experience and expertise. A family lawyer or criminal lawyer for instance would not be able to help you as much as someone who practices personal injury law exclusively.
2. Referral: In many cases, a law-firm may refer your file to another outside firm or lawyer. In such cases, you may have to pay referral fees. You may also have gone to this firm based on a recommendation and if they’re outsourcing their work, it’s not something that you may want.
3. “Runners”: There have been instances where the injured victim/family signs up with people who are not actually lawyers. They approach accident victims and promise to win them a substantial settlement but in reality, may only take the case to inexperienced lawyers, paralegals etc.
4. Communication and comfort: You need to feel respected and treated with dignity, whatever your status. Trust your gut feel and analyze whether you feel comfortable with the lawyer, whether it’s easy to communicate with them and that they will keep you informed and involved in the case.
5. Experience: Pick a lawyer with specific experience in your kind of case and a good track record of success.
6. Trial ready: Apart from negotiation skills, your lawyer should be prepared to take the case to court.
7. Check if there are conflicts of interest: The lawyer may defend the at-fault party or their insurers. In such a case they may not be the right ones to represent you.
8. Don’t hesitate to question: Clear all your doubts and ensure that you have complete clarity on fees, time-lines, keeping you updated etc.
9. Disciplinary record: Cross check if they have a good reputation for ethical practices with the bar association and the medical community
10. Language: Select a lawyer whom you can communicate with if you’re not familiar with a particular language.
11. Staying involved: Select a lawyer who will communicate regularly and keep you updated on status, progress, strategy, changes to laws, information etc.
12. Get clarity on financial terms: Fee structure, expenses, financial support, contingency fees etc. and ensure that these terms are provided in writing.

An experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer can protect your interests throughout.

Brampton personal injury lawyers ensure that they always keep their clients fully informed about all changes in insurance and legislation that could affect their claim.

When accidents happen, they affect not just the injured victim, but often the entire family. There are huge medical and rehabilitation expenses, coupled with the loss of income/wages if the person was employed. Apart from this, the emotional impact of the accident and the subsequent pain and suffering that the person undergoes can have a devastating impact on the victim’s present and future life.

While it’s possible to calculate the exact amount in monetary value of lost wages and the medical/rehabilitation/treatment expenses, computing the value of pain and suffering is not such an easy task. The values have to be backed by robust evidence and demonstrable proof.

Contact the nearest personal injury lawyer in Brampton to get the right kind of advice and assistance.

What Are Deductibles?

When the new Statutory Accident Benefit Schedule was introduced in 2010, it was intended to reduce currently available benefits for serious but non-catastrophic cases, regardless of fault. This schedule allows consumers to purchase optional benefits in case they become necessary.

New changes introduced in August 2015 has resulted in a further reduction to the value apportioned to pain and suffering claims. The deductible is basically an amount that the insured person himself/herself pays towards an insured loss. When a claim is made, a certain specified amount is subtracted from the claim payment and this is known as the “deductible.” This is a form of sharing the risk between the policy holder and the insurance-company. The larger the deductible, the lower your premium.

The regulations governing how deductibles are incorporated into the policy and how they’re implemented vary across provinces.

The introduction of the no-fault insurance scheme in Ontario resulted in deductibles and thresholds both being incorporated into car accident policies. They were intended to limit the recovery made by accident victims so that the savings could be passed on to the consumer by way of lower premiums.

New Changes Mean Higher Deductibles

From 1 August 2015, all accidents will be subject to a higher deductible than the previous amount of $30,000. For personal injury claims, the deductible is $36, 540. Hence, if an accident victim is awarded $50,000 at trial, an amount of $36, 540 will be deducted automatically and the client receives only the remainder, out of which legal fees and expenses have to be paid.

These deductibles are valid under December 2017, after which they will be increased each year.

Another issue that is causing concern in the legal community is that some categories of insurance disputes will no longer be tried in a civil court. A number of disputes may now be heard by the License Appeal Tribunal (LAT).

Our experienced Brampton car accident lawyers can help you to understand the complex medical, legal and insurance issues involved in pursuing a personal injury claim. We can ensure that your rights are protected and interests safeguarded.

Brampton personal injury lawyers know from experience that accidents happen in a split second, but they can have devastating, long-term effects.

Whether it’s a motor-vehicle accident or a slip and fall accident, it can result in a variety of injuries, ranging from simple cuts, wounds, lacerations, sprains etc to life-threatening, life-altering injuries that affect not just the injured person but often the entire family.

The unfortunate aspect of accidents is that most of them are preventable and avoidable. They’re generally caused by someone’s fault or negligence. The injured person/s may suffer huge repercussions in the form of physical, financial and emotional losses. They’re entitled to seek monetary compensation for:

• Loss of income/wages or earning capacity
• Medical and rehabilitation expenses
• Pain and suffering

There may be other areas where compensation can be claimed, based on the individual circumstances in each case. In Ontario, statutory benefits are available to all those injured in car accidents, regardless of fault. These are payable by the victim’s own insurance company. Additionally, victims also retain the right to file a personal injury suit against all the at-fault parties whose negligence/fault caused the accident.

Getting Medical Assistance

When the injuries are serious, obviously emergency medical attention will be provided. The injured person may later be moved to an intensive care unit or a hospital ward if continuing medical treatment is required. At a later stage, the person may be discharged from hospital but may have to make further follow-up visits. This could be to the out-patient clinics or to their own family physicians. Treatments, medications and rehabilitation therapies may be recommended for further restoring good health and strength.

In some cases, the injuries appear minor initially, with little or no distress causing symptoms. However, it’s still important to visit a doctor. Apart from the legal and insurance point of view, this is crucial as it concerns your health. Some injuries tend to display late reactions and unless you get a thorough medical examination, it’s easy to miss injuries like concussion, internal organ damage, internal bleeding, whiplash, etc. Accidents can also worsen pre-existing medical conditions especially in older victims.

Another important aspect to consider is that insurance claims adjusters may report that since no doctor’s visits were made, there were no injuries at the time. This could negatively impact a claim.

Those who don’t have a family physician can walk into a clinic or the emergency department of a nearby hospital. From the time you meet the doctor, records will be kept of all aspects regarding your health status. These are valuable pieces of evidence to indicate the nature and extent of injury and its impact on your life. They help to prove that you have indeed suffered physical, financial and emotional trauma due to this accident and help build a robust claim.

It’s also important to prove that you are making the effort to mitigate your damages. This means you have to show that you are following doctor’s advice, taking medication and treatments, trying to restore your health to pre-accident level, etc.

Our experienced Brampton car accident lawyers and Brampton slip and fall accident lawyers can provide advice and assistance regarding your medical treatment.

Brampton personal injury lawyers know from their experience in dealing with such cases that injuries from slip and fall accidents can cause a huge disruption in the victim’s life. Often, the whole family may face serious physical, financial and emotional repercussions.

In the midst of attending to the injuries and medical issues, people often forget that they have certain legal rights and entitlements. Accidents are rarely as “accidental” as they seem. They are usually caused by someone’s fault, negligence, or the deliberate flouting of safety norms for various reasons.

In Ontario as in many other parts of the world, property owners and occupiers are responsible to ensure that a reasonable standard of safety is maintained on their premises for all legitimate visitors who  enter. There are often very clear contributing risk factors.

If you or a dear one has been injured in such an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

Slip and Fall Accidents and Injuries

Studies show that  in 2002-2004, more than half (57%) of injury-related hospitalizations were due to unintentional falls. Many of these resulted in death or serious injuries.

Slip and fall or trip and fall accidents are especially dangerous in the case of the elderly, and many of them get immobilized, unable to continue with their normal routine, leading to depression, poor nutrition and development of more serious medical issues. Pregnant women are also at risk. These accidents are a major issue in workplaces too.

The most common injuries sustained are:

• Head injuries ranging from deep cuts to traumatic brain injury
• Arm, hand, shoulder fractures, sprain
• Feet, knee, ankle fractures
• Wounds and lacerations
• Internal organ damage
• Injuries caused by falling on sharp objects like spiked railings, or hard surfaces
• Neck and spine injuries
• Facial and dental damage
• Disability, disfigurement or death

Many initial medical costs may be covered by the Ontario Health Insurance Plan (OHIP) but it does not cover the cost of drugs, long-term rehabilitation, caregiver expenses or loss of income.

Common Mistakes

Like all personal injury claims, this too hinges on proving fault/negligence, establishing ownership of the property and fixing liability. There are also several legal, medical and insurance issues involved, paperwork to be completed and filed within time-frames especially if a municipal property is involved, filing at the right venue and jurisdiction, negotiating with insurers, etc.

A percentage of such accidents go unreported because the victims feel that their injuries were too minor or that they themselves were somehow to blame.

Some other common mistakes that people make include:

• Not reporting the accident immediately to those in authority
• Failing to collect important documents, details, photos of location
• Not seeking immediate medical attention
• Failing to follow doctor’s advice
• Not being proactive about your recovery, keeping your doctor updated
• Failing to preserve apparel and footwear worn at the time
• Failing to get legal advice
• Not making a note of important details like time/date/location
• Agreeing to a quick if meager settlement

Injured victims or their families must consult an experienced Brampton slip and fall injury lawyer to ensure that they receive the right compensation and that their rights are protected.

Brampton personal injury lawyers often deal with clients who seem to have escaped “unscathed” following a serious car, slip and fall or sports accident. Either their injuries appear minor or they seem to have healed quickly and well. However, it’s important to remain vigilant for late appearing symptoms that could appear much after the initial impact. Certain types of brain injury fall into this category.

Why We Don’t Feel Immediate Effects

The body’s stress responses after a traumatic event protect us from feeling immediate pain so that we can decide on “fight or flight.” Pain is also masked by release of endorphins  which can create an elevated mood or a temporary “high.” If there were others who appear to be more seriously injured, people tend to concentrate on getting emergency medical help to them and ignore their own symptoms. However, once these effects pass, the true symptoms show up. Hence, doctors recommend a certain period of observation in hospital for people involved in accidents.

Brain Injury Symptoms Can Be Delayed

Doctors often refer to these symptoms as the “invisible illness,” especially in the case of football players and other sports persons. Many of them succumb to high rates of depression, suicide, memory loss, etc after retirement caused by repetitive brain trauma or chronic traumatic encephalopathy. Falls are the leading cause of traumatic brain injuries, while unintentional blunt force trauma are another major cause. Accidents and assault can also contribute to the problem.

Thousands of people are injured in low-velocity, low-impact accidents but the symptoms are either not present or they’re completely ignored. The tragic case of actress Natasha Richardson comes to mind, which was a classic case of “talk and die.”

According to neurosurgeons, even a mild concussion can cause irreversible brain damage. Accidents like falling off a horse or ladder, trips and slips, rear-ender collisions, repeated head-trauma during a game/sport can cause this condition.

Don’t Ignore These Symptoms

Brampton car accident lawyers and Brampton slip and fall accident lawyers know that the most common reason why people tend to make light of their symptoms is the “I-hate-making-a-fuss!” syndrome. They may also feel that given time, these symptoms will simply go away, and that a certain amount of pain/discomfort is only to be expected.

Doctors could initially miss them if the patient doesn’t report unusual symptoms. However, there are certain unmistakable symptoms that should never be ignored:

• Headaches, dizziness, disorientation, loss of balance
• Mood or personality changes
• Nausea, spasms
• Memory lapses
• Blurred/double vision
• Ringing in the ears
• Problems with concentration, focus, reasoning
• Sleep disturbances
• Anxiety/panic attacks, confusion, depression
• Slowing down in thinking and reacting
• Language and speech difficulties

If left undiagnosed/untreated, the person runs the risk of developing brain-bleeding, edema etc.

Compensation

Seek medical help immediately following accidents, no matter what the nature/extent of injuries. Such injuries could result in time taken off from work, loss of income, high medical and rehabilitation expenses and pain and suffering. Injured victims are entitled to seek compensation from those responsible for the accident that caused their injuries. Our experienced 24×7 injury lawyers can advise and assist you with the claims process.

Brampton personal injury lawyers know from experience that accidents can be disruptive events that shake people out of their normal routines. When serious injuries occur, there are enormous physical, financial and emotional burdens that are imposed on not just the injured victim but often on their families too.

Dealing with loss of income, inability to work, temporary or permanent loss of earning capacity, coupled with high medical and rehabilitation expenditure can be devastating. Besides these aspects, there is also a great deal of pain and suffering to be endured.

Contact the nearest personal injury lawyer in Brampton if you or a dear one has been injured in an accident. You may be entitled to compensation.

Claiming Compensation

Unfortunately, most accidents are avoidable and preventable, since many of them are the result of someone’s fault or negligence. The concept of compensation is intended to restore the injured person wholly or as much as possible to the state they were in prior to the accident. Though it may be impossible to compensate people for what they have irretrievably lost, monetary compensation serves to make their lives and that of their loved ones a little easier and more comfortable.

Those responsible for the accident and their insurers are liable to make the payment. In Ontario, car accident victims are also entitled to receive statutory benefits, regardless of fault.

Each accident is as unique as the circumstances surrounding it and the persons involved. However, there are broad guidelines and certain eligibility criteria that help to determine the nature/extent/amount of compensation.

Key Factors That Affect Compensation

It’s important to understand the claims process following an accident. Injured victims and their families are focused (and rightly so) on ensuring that they get the right medical attention and in getting their lives back on track. Yet this is a crucial time-period in terms of filing compensation claims, since the process is governed by stringent time-frames. Our 24×7 injury lawyers can provide the right information and advice.

There are several factors that affect when, how much and what kind of compensation you receive:

Severity of Injury: Logically, the greater the damage, the higher the compensation. The severity of injury is determined by calculating its impact on the person’s life. Catastrophic injuries, paralysis, disability, traumatic brain injury etc have a life-altering effect since they also involve the cost of future care.

Recovery-Time: Permanent damage, disability, loss of function/limb, etc can affect your ability to work/earn income because there is a longer recovery period or you may never fully recover. Longer and more treatment, expensive therapies etc may be required.

Laws and Regulations: Several complex legal and insurance issues are involved, including Ontario’s Insurance Act, traffic and police regulations and records, statutory benefits etc. 

Impact of Injuries: Loss of independence/inability to take care of oneself, effect on relationships, disruptions to daily life etc are examined.

Treatment duration, type, cause of injury, proof of negligence, your own contribution, credibility of witnesses, experts, etc are other determining factors.

An experienced personal injury lawyer can provide assistance, advice and advocacy.

Brampton personal injury lawyers know that driving across the border whenever a free weekend comes up is one of the favorite pastimes for folks on both sides of the border between Canada and the USA. Heading for the big cities, picturesque highways, tourist destinations and parks with family and friends can be great fun. Ontarians especially enjoy easy access to New York and Michigan states which are some of the most popular driving destinations.

However, unexpected disasters can happen in the shape of car accidents and they create a host of issues for those unfamiliar with rules and regulations in another country. Accidents are the result of someone else’s fault or negligence and the injured are entitled to claim damages from the at-fault party. Ensuring that your rights are protected, establishing liability and jurisdiction etc can be difficult. It’s important to immediately contact a 24×7 injury lawyer with experience, expertise and knowledge in handling similar cases to safeguard your interests and help you get the compensation you deserve.

Ontario Residents In Cross-Border Accidents

In an accident that involves Ontario residents in the US, there could be several complications. For instance, the at-fault party may be uninsured or under-insured. Some states in the US have lower minimum requirements for auto insurance as compared to Ontario.

Ontarians who have suffered injuries anywhere in the US can access their own accident benefits under the SABS (Statutory Accident Benefits Scheme) which provides coverage regardless of fault. This is payable by your own insurers through your own auto insurance policy, which offers Ontarians coverage up to $1,000,000 for catastrophic injuries and income replacement of up to $400 a week. However, States like Michigan offer similar benefits, and recent cuts in benefits by the Liberal government in Ontario have had many injured victims opting to claim no fault benefits in Michigan.

Instituting a personal injury lawsuit against the at-fault party could pose several issues. Ontario laws specify that the catastrophically-injured victim must have a permanent serious impairment of bodily/mental function according to certain criteria. There are also deductibles that could reduce the final figure significantly. Pain and suffering damages can also be claim.

The main issue is that American drivers carry relatively low liability insurance. The Ontarian driver’s own insurers may have to step in to make good the difference in case of a large claim. Hence, Ontarians should ensure that they have adequate coverage.

If children are injured in the accident there may be further complications to accessing the parent’s insurance. If the car was rented, the rental company also has to be involved in the legal process. Your credit card company may also have provided automatic travel or car rental insurance.

Other complex issues like location, jurisdiction, avoiding a multiplicity of proceedings, protecting the legal rights of Ontarians, etc raise a host of medical, legal and insurance issues.

An experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer can assist you and provide the right information and advice in such cases.

Brampton personal injury lawyers know and understand that clients who approach them in connection with a personal injury case are unfamiliar with how to really go about it.

The process can be quite complex and involves complicated medical, insurance and legal issues that only a trained and experienced professional can best handle.

When an accident occurs, the people involved are thrown into a state of confusion and anxiety, no matter how serious the injuries. Accidents are usually caused by someone’s fault or negligence and the liability needs to be established.

Immediate medical attention is vital at this stage, but equally importantly, there may be enormous physical, financial and emotional consequences. Contact the nearest personal injury lawyer in Brampton without delay. You may be entitled to compensation.

How The Claims Process Works

Our experienced, 24×7 accident injury lawyers can provide the relevant information. Every case is different, the people and circumstances involved are unique and there’s no one-size-fits-all solution.

This allows your lawyer to understand the circumstances and evaluate whether your claim has merits, review your insurance-policy and determine the coverage provided. The process includes: 

1. Statement of Claim: The claims statement is drafted which includes all the information about the accident, the entitlement of the plaintiff and what they’re claiming as damages. The relevant legislation and regulations are cited. In response, the at-fault party files a statement of defense. Following this, a process of pleading, discovery, examination for discovery, mediation, pre-trial conferences, etc are undertaken.

1. Time frame: Ontario laws specify two years from date of accident to file claims. This could vary based on the kind of case, but your experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer can ensure that you don’t miss filing deadlines.

1. Medical attention: Whatever the nature/extent of injuries, immediate medical attention must be sought. Some injuries may appear minor initially but could turn out to be serious if left untreated. Medical and rehabilitation expenses could spiral out of control. Medical records will be examined by the insurers and lawyers to determine the nature/extent of injury. Second opinions can be sought and presented in case of dispute.

1. Negotiations: A process of each party presenting their views is undertaken in which relevant documents, expert opinions, etc are provided to back the claim.

1. Settlement: Nearly 95% of personal injury claims are settled at the negotiations stage and do not make it to trial. Ontario laws specify that at least one year should pass before a settlement is arrived at. There is no compulsion to settle and if the offer is meager/inadequate it need not be accepted. Once you settle, you must sign a release that waives all further claims.

1. Trial: In case the negotiations prove unfruitful, or there are special circumstances where clients want “their day in court” our experienced personal injury lawyers are prepared to take the case to trial.

A detailed assessment of your claim can be done in the first, free, no-obligations consultation with experienced personal injury lawyers with a successful track record in dealing with similar cases.

Brampton personal injury lawyers often come across cases where a client lends his or her car to someone and an accident occurs. Such situations can be extremely stressful for all those involved in the accident, as there are several complex legal, insurance and medical issues that come into play.

You may have lent your car to a friend, family member, room-mate, neighbor or co-worker in good faith. It’s difficult to refuse a plea for help, especially if it’s an emergency and perhaps we’ve all done it without really thinking of the implications. It’s only when a mishap occurs that all these issues come to the fore.

There are several risks present in the simple act of tossing your car keys to someone. Accidents are rarely “accidental” and they’re usually caused by someone’s fault or negligence. When serious injuries and damage happen, they cause enormous physical, financial and emotional consequences that impact not just the victim but also the entire family. The injured are entitled to seek compensation from all the available sources, including those responsible for the accident.

Contact the nearest personal injury lawyer in Brampton without delay if you or a loved one faces such a situation. They can provide the right kind of advice, assistance and advocacy.

Who Is Liable?

The question of liability can be quite complicated in such cases. Lenders of vehicles may do so on a casual, one-off basis, or the borrower may do so on a regular basis, as for instance, to go grocery shopping every week.

There is obviously no cut and dried answer to all the question of liability. Each accident is unique and the basis for establishing liability can be as varied as the circumstances. Before handing over your car-keys, it’s a good idea to review your insurance coverage whether there are specific clauses included for contingencies like this.

In general:

• If the person who borrowed the vehicle is a member of your family, your own insurance plan will most probably cover that person also. You may need to provide evidence that this person actually resides at the same address.

• You may exclude certain members of your household if you don’t trust them to drive your car. This should be specifically stated in your insurance policy.

• Was explicit permission given? This factor is important since if someone stole your vehicle and crashed it, you’re not liable.

• Establishment of fault in the accident plays a large part. If the driver of your car was not at fault, the other party’s insurance will cover the damages.

• If the damages/injuries are severe and exceed the amount that your insurer can pay, the driver of the car could have insurance that can be tapped to make up the remainder. However, their policy should cover the use of borrowed vehicles.

• If the car was being driven by an employee of yours, the aspect of vicarious liability could come in, especially if the car was being used in connection with their official duties.

Talk to your experienced 24×7 accident injury lawyers immediately to ensure that your rights are protected and interests safeguarded.

Brampton personal injury lawyers know that every case is unique, just like the people involved and the circumstances that surround them. However, there are certain questions that clients have when they consult a personal injury lawyer when they or loved ones have been injured in an accident caused by someone else’s fault or negligence.

There are certain perceptions created by the media, including television shows, news reports and films, that portray the field of personal injury law in a light that could be quite far removed from reality. Often, only the most sensational cases get coverage and these tend to influence the way people evaluate their own cases.

When an accident occurs, it leaves all those involved confused, anxious, bewildered, in pain, grief etc. The main focus at this time is to get medical help immediately to the injured and ensure that their lives are not in danger. However, once the immediate danger is past, people realize that there are enormous physical, financial and emotional consequences to be faced.

Compensation is available either in the form of statutory benefits or as a settlement in a personal injury claim. Your experienced personal injury lawyer can provide an evaluation of your case and give you the right advice on the best way forward.

Common Questions

1.What cases are handled by personal injury lawyers?

Like any other field, law also has its areas of specialization. Personal injury lawyers provide legal representation to clients who have been injured physically, financially and psychologically due to the fault or negligence of someone else.

They also select certain areas in which they gain experience, expertise and knowledge such as insurance disputes, premises liability, car accidents, defective products, animal attacks, slip and fall, etc

2. Can personal injury suits be brought for any type of injury?

This term can be defined as “…in a narrow sense, a hurt or damage done to a man’s person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injury to his property or reputation. The phrase is chiefly used in this connection with actions of tort for negligence..” Hence the personal injury claim cannot include a claim for damage done to property such as an automobile or its contents.

3. Whom can I bring a personal injury suit against?

Our experienced 24×7 injury lawyers can assess your case and from their knowledge and experience, advise you about whom a suit can be brought against. It’s very important to bring action against the right party, otherwise it will be a failure. There can be more than one at-fault party. Often, people are reluctant to bring action against friends, co-workers, family-members, neighbors etc. However, it’s actually their insurers who make the settlement payouts.

4. How much time do I have?

Statute of limitations time-frames are prescribed for initiating a personal injury lawsuit. They differ from country to country, state or province and are also based on the party being sued. It’s important to start proceedings early to avoid missing the deadlines.

These and many other queries can be satisfactorily answered in your interactions with our experienced Brampton car accident lawyer and Brampton slip and fall injury lawyer.

Brampton personal injury lawyers know from their vast experience in dealing with people injured in accidents that every accident and every injury is unique. Many variables come into play when a collision or a fall occurs and these factors make it difficult to get a one-size-fits-all solution to the question of compensation.

Accidents are rarely “accidental.” Most of them are caused by someone’s fault or negligence and they impose huge physical, financial and emotional burdens on injured victims and their families. Injured victims are entitled to receive compensation from those responsible for the accident. Monetary compensation can make their lives a little easier, though things may never be exactly the same again.

Contact the nearest personal injury lawyer in Brampton if you or a dear one has been injured in an accident.

Traumatic Effects of Accidents

Accidents happen without warning, like a bolt from the blue. People experience shock, confusion, fear, anxiety, pain, horror, grief, bewilderment and a host of other emotions that prevent them from thinking rationally or acting quickly and effectively. Sometimes, the victim loses consciousness due to the severe trauma.

Injuries can be of varying types and degrees, ranging from sprains, bruises, cuts and lacerations to major spinal/neck damage, internal organ damage, uncontrollable bleeding, facial and dental damage, loss of vision, traumatic brain injury, amputation, disability, disfigurement or even death. Such injuries are immediately noticeable and can certainly be felt.

Delayed Reaction

In many cases, it may appear that people have escaped unscathed from a collision, since there are no obvious injuries or sensation of pain etc. This is because there is an immediate release of adrenaline, endorphins and other hormones that mask pain and provide the “fight or flight” response. These hormones block sensations of pain and help us cope with the immediate danger.

After a lapse of time, the person may begin to experience symptoms like severe joint pain, unexplained headaches and fatigue, depression, neck and back pain, memory and cognitive problems, mood changes, etc that could signal the existence of a larger, deeper problem. For instance, problems like internal bleeding may appear slowly and gradually, signaled only by abdominal swelling or pain.

Emotional and psychological issues can arise that reflect the global physical and mental effects of such a devastating event. Post-traumatic stress is a common reaction that people tend to ignore, as they feel they should “move on” or “get on with their lives.”

Impact of Such Injuries

Legally, if injuries are not immediately diagnosed and treated, the victim could lose out on getting compensation. This is because once you have settled with the insurance company, it’s not possible to make another claim. Further, there are statute-of-limitations time-frames within which to file claims. You could end up with having to pay for a life-time of care and medical expenses, suffer long-term or permanent loss of income and wages.

Hence, whatever the injury or apparent lack of it, it’s wise to consult your family doctor and explain exactly how the accident occurred. Your experienced 24×7 injury lawyers can also provide the right information and advice to get the right medical attention and treatment and to file claims.

Brampton personal injury lawyers always advise clients to report a car accident immediately or as soon as possible. However, most people are unsure how, where and to whom they have to report the accident.

Ontario has clear rules for reporting accidents, based on certain criteria.

If you or a dear one has been involved in a car accident, whether you’ve sustained injuries on not, consult a doctor without delay, contact the right agency to report the accident, report your accident to your own insurance agency and contact the nearest personal injury lawyer in Brampton immediately.

Minor Collisions Under $2000

Since September 2015, if damage sustained in a collision is estimated to cost $2000 or more in total, drivers are required to report it to the police or to a Collision Reporting Center (CRC). However, if someone is injured, or there is damage to property apart from the vehicles, the accident has to be reported to the police, regardless of cost.

This regulation is designed to enhance collision data integrity and bring Ontario in sync with other provinces that have enacted similar rules. The earlier limit was placed at $1000, which put an excessive burden on commercial vehicle (taxi/limousine) drivers’ safety records.

It also seeks to reduce the burden on the police by reducing the number of collisions to be investigated, as long as such non-serious collisions are reported to the insurance companies.

What To Do In Case Of An Accident

• Ontario rules specify that in the event of an accident, it’s mandatory to stop, since criminal charges can be filed against drivers who fail to remain at the accident scene.

• Move your vehicle to the side of the road if possible, otherwise switch on your hazard lights or ensure that you provide some kind of warning to other road-users.

• Never attempt to move injured persons. Call the police if the combined damage appears to be above $2000. Wait for the authorities to arrive. When you talk to the police, get details of the officer to whom you spoke and also of the investigating officers.

• Try to take photographs of the accident scene that show location, important landmarks, position of the vehicles and the damage. Get contact details of witnesses, co-passengers of the other vehicle etc. Look around for possible CCTV cameras which may have captured the incident and make a note of the time and location.

• Never try to confront the other driver, especially if you suspect that they are drug/alcohol impaired or they have violated any criminal codes.

• If no one was injured and the combined damage appears less than $2000, call the nearest CRC within 24 hours after exchanging details with the other driver.

• Call your insurers as soon as possible and provide as many details as possible regarding the accident, how it occurred, details of the other vehicle etc.

These steps ensure that you have followed the right procedure as far as reporting is concerned.

To further protect your interests and safeguard your rights, contact an experienced car accident lawyer without delay.

Brampton personal injury lawyers know that insurance is something that people purchase for their peace of mind and security. People buy life, car, travel, disability, property, critical illness etc insurance policies knowing that when the need arises, they are protected and covered against loss. They pay premiums regularly, in the hope that if they are suddenly injured, suffer property damage, loss or theft, or they die, they and their loved ones can receive compensation.

When confronted with circumstances beyond their control, people have some degree of comfort knowing that their financial risks and responsibilities can be minimized. This is the basic premise upon which they purchase insurance.

However, in many cases, insurance companies may deny or dispute your claim. It’s not necessary that you accept their evaluation. In such circumstances, you can attempt to resolve the issue through discussions and negotiations with your insurers, failing which you can contact the nearest personal injury lawyer in Brampton for assistance, advice and advocacy.

Insurers May Not Always Act In Good Faith

In the aftermath of an accident, when you or a dear one has suffered serious injuries, your focus would be on getting the right medical treatment, ensuring that the injured person is comfortable and managing the myriad physical, financial and emotional consequences of the mishap.

Most people generally have a good relationship with their insurance companies and the agency/agent through which they purchased their insurance plan. However, when it comes to making a payout, clients realize that insurance-companies are ultimately for-profit organizations and their focus is on protecting their own business bottom-line rather than the customer’s best interests.

Your insurance company may disagree with the claims you have made about loss of wages/income/earning-capacity, medical and rehabilitation expenses, pain and suffering, nature and extent of the injuries and their impact on your life, and these could be in contradiction to what is contained in your policy.

The company may try to compel you to accept a meager settlement, give you the impression that your claim is weak and will not stand in court, or that the legal process is long and outcomes are uncertain.

Many companies can adopt a variety of tactics to gain confidential information from you or your relatives, conduct investigations into your private life, track you on social media, get you to sign away your rights, provide submissions and permissions to access private data etc.

However, the insurance company’s decision is by no means the final word. Our experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers can provide more information on how to deal with such situations.

Resolving A Dispute

There are several steps that can be adopted to resolve disputes with your insurance company. In Ontario, these disputes can be placed before the Dispute Resolution Services branch of the Financial Services Commission of Ontario.

Mediation, neutral evaluation, arbitration, appeal, variation/revocation etc are various steps that can be gone through when attempting to resolve a dispute. In case their decision remains final, it’s important to get a final position letter from the insurer stating this.

Our experienced personal injury lawyers can help you file a complaint with the Insurance Bureau of Canada’s consumer information center.

Brampton personal injury lawyers understand only too well that suffering injuries in a car accident or slip or fall accident can be unsettling and traumatic.

A majority of accidents are preventable and they’re usually caused by someone’s fault or negligence. Unfortunately, their consequences can be devastating when serious injuries result. They impose enormous physical, financial and emotional burdens on the victim and often the entire family.

Contact the nearest personal injury lawyer in Brampton when you or a dear one sustains injuries in an accident. You may be entitled to compensation.

How Personal Injury Lawyers Can Help

Car accident victims in Ontario are entitled to statutory benefits paid out by their own insurers. They also have the right to file a personal injury suit against the at-fault party claiming compensation for damages and injuries.

The claims process involves several complex medical, legal and insurance issues that most of us are unfamiliar with. Filing has to be done within prescribed time-frames, accurately, and at the right venue/jurisdiction. Claims have to be backed by robust evidence that prove negligence, injuries, impact of injuries on your life and the expenditure incurred for medical treatment/rehabilitation and other claims based on your unique circumstances.

The process can be expensive, but most Ontario personal injury lawyers don’t charge fees upfront for legal services. They work on a contingency-fee basis and need to be paid only for successful outcomes. Experienced car accident lawyers help you access the right medical treatment, conduct independent investigations, collect relevant evidence and testimony from witnesses and experts, access traffic, police and medical records and help build a strong claim.

How You Can Help Your Lawyer

Even if you’re immobilized due to your injuries, there are certain things that can be done to help your lawyer build a compelling case. Your family can also assist.

• Preserve: and provide documentation of all expenses incurred. Bills, receipts, prescriptions, records of doctors’ visited, test and diagnostic reports, hospital bills, travel expenses, etc

• Note down: Name of ambulance services, date/time/location of accident, date/time of admission to hospital/ER etc

• Record: names of any other health-services provider you consulted, including chiropractors, nurses, acupuncturists, dietitians/nutritionists, prosthetics-services, psychiatrist/psychologist, massage-therapist/physiotherapist etc

• Details about accident: provide all available information honestly regarding time/date/location, contact details of witnesses. If anyone has made any statement at the time, casual or otherwise, convey this to your lawyer.

• Insurance information: Policy details of all available coverage.

• File your claim early to avoid statute-of-limitations

• Be discreet. Avoid talking about your case to anyone, especially if they represent the at-fault party. Direct all communication through your lawyers.

• Avoid: social media postings. Internet posts are used by at-fault parties to deny, dismiss, minimize your claim

• Never: sign documents, waivers, quick settlement offers, give permissions/access to confidential information, provide admissions/submissions regarding the case

• Follow: your doctor’s advice, take medications, therapies meticulously

• Record/make note of: all communications with at-fault party/insurer/legal representatives

• Communicate: regularly with your lawyer and keep them updated about any changes in status/address.

These tips can help your 24×7 injury lawyer to protect your interests at all times.

Brampton personal injury lawyers know from experience that a large number of accidents that occur in parking lots go unreported. A great number of them are considered “fender benders” and the damage sustained to vehicles could be minor, and people are not often injured. However, in some cases, parking lot accidents can be fatal.

There are many assumptions and misconceptions regarding driving rules in parking lots and in establishing responsibility and liability. Many people fail to report such accidents because of the “hassle” involved in the process. They may settle matters between themselves and not report the incident to their insurers. This is a risky proposition, because:

• Standard rules require reporting to the police of injuries, destruction of public property and damage in excess of $1000
• It’s not possible to force another driver to pay for damages to your vehicle in a parking lot accident
• Unless you report the accident to your insurers, the other party need not pay you anything
• If the other driver decides to report to his/her insurance company, while you did not, your insurance company will be informed anyway
• Your insurance rates could go up if it is determined that you were wholly/partly at fault
• Even if no injuries seem apparent, some issues like whiplash injury may become apparent later

There is a prevailing assumption that there’s a rule of 50-50 in parking lot accidents. However, this is far from reality. Though no tickets are issued by the police in parking lot accidents, responsibility can be fixed completely on one driver based on the circumstances of the case. 

Whose Fault ?

Certain basic rules have to be followed while driving, entering and exiting in parking lots. Insurance companies who make the settlement payouts use the Fault Determination rules which are framed under the provincial Insurance Act. These rules help to establish liability in such cases.

• Right of way: The driver traveling in the main passage has right of way over those in smaller or feeder lanes. Drivers who fail to yield to those in the main passage are held 100% responsible for an accident.
• Exiting Safely: Drivers who are exiting, reversing or moving out need to yield right of way to those who are passing in the main passage.
• Backing and hitting a parked car: Drivers hitting a parked car while backing out are liable.
• Legally parked cars: Hitting or opening the door and damaging such cars makes you liable
• Both cars exiting together: If they hit each other, both may be at fault

There may be several other conditions and regulations that are used to determine fault in parking lot accidents.

It’s best to follow standard procedure and report the incident to your insurance company. Make a note of time, date and location of the accident. Take photos of the damage and the exact position of the cars. Exchange contact details and vehicle details with the other party.

Get in touch with an experienced Brampton car accident lawyer  with experience in dealing with such cases, in case there is a dispute. This will ensure that your rights are protected while your claim is being processed.