Animal Related Motor-Vehicle Accidents: Safe Driving Tips

Brampton personal injury lawyers know from experience that collisions between animals and motor-vehicles pose unique road safety challenges. One of the issues that prevents us from gaining a real understanding of the magnitude of the problem is the fact that reliable data is not available in this sector. Transport Canada sources confirm that the available data captures only about 50% of animal/motor-vehicle collisions. A 2003 report entitled Collisions Involving Large Animals and Motor-vehicles in Canada confirms that in 95% of animal-vehicle collisions result in property damage which is often less than $1000, and this could be one of the reasons for under-reporting

Pedestrians and bicyclists are aware of road rules and safety issues but animals obviously are not. They tend to appear suddenly in one’s path and also behave unpredictably on the roads, especially if they are startled or frightened by the sight and sound of a vehicle. As our road networks expand and penetrate into the habitat of wildlife, it’s only to be expected that there could be an increase in man-animal conflicts.

Statistics show that there are 4 to 8 large animal collisions every hour in Canada. Data for 2014 reveals that there were 11, 466 animal vehicle collisions in Ontario according to the Ontario Provincial Police.

Drivers need to remain vigilant not just for wild animals while driving through forest tracts, but also for domestic animals like cows and sheep while passing through agricultural and rural areas, and for pets and smaller creatures while passing through more urban locations. Apart from collisions, many drivers being nature-lovers may tend to stop unexpectedly on the highway to watch, photograph, avoid or tend to animals, leading to unsafe conditions for other road users.

Reduce Your Risks

Drivers need information and awareness about how to react in case they encounter an animal on the road.

Obey The Signs: Watch out for Wildlife Warning signs. They are distinctive, yellow diamond shaped signs that warn drivers that there is a risk of encountering an animal there. Though there may not be any speed reduction warning alongside, it’s only common-sense to drive slower in such sections.

Slow Down: Speed prevents drivers from exercising other options like stopping in time, swerving, honking, flashing lights at the animal, etc. It’s important to keep your speed at reasonable levels in areas which you know to be risk-prone.

Practice Defensive Driving: Pay attention to both sides of the road and expect the unexpected.

Time-related: Dusk and dawn are particularly risky times, when animals are more active. Animals like moose are difficult to spot in low light, because of their dark coats.

Strategic Moves: Gut instinct invariably leads drivers to swerve when they spot an animal suddenly, but this could pose a bigger risk. You may also hit other vehicles. For smaller animals like deer, braking is a better option, while swerving is certainly the best way to avoid hitting a large animal like a moose. For very small animals, it may be unfortunate, but it’s wiser to make a choice of hitting it if there are other vehicles on the road.

Stay Focused: If you have hit an animal, call the RCMP or park wardens in National Parks. Never try to attend to wounded animals as they can be dangerous.

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

Pedestrian Head Injuries: Who Is Liable?

A 40 year old male pedestrian suffered suffered serious head injuries after being struck by a delivery truck at the Dundas St and Beverley St intersection on May 3, 2017. Paramedics who rushed to the scene were responding to a 7:15 am emergency call and the injured victim was rushed to the ER. Toronto police have issued an advisory that the intersection will be closed for reconstruction of the accident and investigation into the accident will continue. The truck’s dash-cam footage will also be examined as part of the investigation.

Such incidents bring into sharp focus the fact that pedestrian accidents are on the increase. In Toronto, they have spiked by nearly 15% over the last year, and Toronto police opine that nearly 50-60% of all motor-vehicle fatalities involve pedestrians.

This was one of the reasons that the Making Ontario’s Roads Safer Act was passed swiftly in 2016.

What Causes Pedestrian Accidents?

Accidents involving pedestrians are quite common. It’s a sad but true fact that many pedestrian accidents never get reported, especially when the pedestrian suffers minor injuries. Most pedestrian accidents are caused by driver error, fault or negligence.

Among the main causes of pedestrian accidents are:

  • Driver distraction due to electronic devices
  • Drug/alcohol impaired driving
  • Driver unfamiliar with road
  • Aggressive driving/Road rage
  • Arterial roads/Highways/Busy Urban Centers
  • Failure to yield
  • Disobeying traffic signals
  • Speeding
  • Improper lane use by bicyclists
  • Unmarked crosswalks
  • Unsafe turns at intersections
  • No warning while backing up or making U-turn
  • Quieter cars
  • Pedestrian inattentiveness: Texting, reading, window-shopping, listening to music, etc
  • Pedestrian wearing dark clothes at dusk/dawn
  • Poor lighting/visibility/weather-conditions
  • Pedestrian ignoring Don’t Walk sign
  • Pedestrian crossing road at intersection

Who is Liable?

Pedestrian safety is a good marker for a city’s overall safety parameters. These accidents are not inevitable. Most of them are preventable and avoidable. Motor-vehicle drivers have the added responsibility of ensuring that they drive safely, within prescribed speed limits and that they obey all signs and signals. They also need to make necessary adjustments for weather conditions like rain, snow, slush etc that could cause pedestrians to step off curbs or cross the road unexpectedly or at unmarked places.

Looking at the above causative factors, it’s obvious that most of the errors are committed by drivers, but a few of them could also be errors on the part of pedestrians. Hence in some cases, there may be an element of shared responsibility. Pedestrians are expected to obey traffic rules and signs, avoid jaywalking, remain alert and avoid distractions like texting, music etc. If possible, they should wear bright or reflective clothing especially at night.

Every province has its own set of traffic rules and most of them are in favor of the pedestrian’s right of way. They are most vulnerable and can suffer serious injuries in a collision, hence motor-vehicle drivers are expected to remain alert and cautious.

An experienced car accident lawyer can help you with the right advice, assistance and advocacy.

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

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.

Changes in Ontario Insurance Act: How Insurance Dispute Lawyers Can Assist

Accidents happen without warning. All it takes is a split second for a disaster to happen, but its effects can last for a life-time. A serious accident related injury impacts not just the injured person, but often the entire family and support system.

Such devastating events impose huge physical, financial and emotional burdens on all those connected with it. The recovery process could be extremely long-drawn-out, painful, frustrating and expensive. There could be a need for a dedicated caregiver, costly and complicated treatments and medication, lengthy rehabilitation procedures etc.

Emotionally, victims and those dear to them are thrown into a psychological maelstrom. Confusion, anxiety, fear, grief and panic attacks, post-traumatic stress syndrome, sleep disturbances, breakdown of relationships, depression, suicidal thoughts, addiction to alcohol or drugs etc are some of the hazards that patients and families have to face.

The economic aspect can be hugely traumatic too. If the injured person was the sole income-earner or contributed significantly to the family income, being unable to work for extended periods can result in income-loss. If there are permanent disabilities, this means there is a loss of earning-capacity. Treatment, home-maintenance, living expenses, debts etc can all pile up and create devastating consequences.

Accidents are usually preventable and avoidable. Most of them are caused by someone else’s fault or negligence.

Meeting Expenses

Most injured victims and families trust their insurer to compensate them for their injuries, based on the type of coverage they’ve purchased. Additionally, all injured victims of motor-vehicle accidents in Ontario are entitled to statutory benefits (SABS) regardless of fault, from their own insurers.

However, injured victims may face several issues and challenges in collecting settlement from insurance-companies. They may dispute the claims on technical grounds, deny or dismiss the nature/extent of defendant liability or minimize your injuries. They may also adopt various strategies to compel victims to accept swift and meager settlements.

Dispute Resolution

At present, disputes between clients and insurers are regulated by the Financial Services Commission of Ontario (FSCO) but if no resolution is reached, there are other avenues available to plaintiffs. Arbitration and a personal injury trial are some options.

Changes To Act

In 2015, sweeping changes to the Insurance Act were made. Insurance dispute lawyers are concerned about:

  • Disputes under SABS now under the jurisdiction of the License Appellate Tribunal instead of under FSCO, effective April 1, 2016.
  • Catastrophic and non-catastrophic funding was slashed.
  • Revisions to definition of “catastrophic.”
  • Mediation fee introduced.
  • Parties are encouraged to settle dispute.
  • LAT not bound by FSCO case-laws and precedents.
  • LAT adjudicators may not have specialization in accident benefits legislation.
  • Ambiguity on statute of limitations period under LAT.

How We Can Assist

It’s difficult to challenge the rulings of insurance companies and government agencies without specialized knowledge and training. An experienced personal injury lawyer who regularly handles such cases can help you get the settlement that you are contractually entitled to.

In many cases, permanent disabilities require a Life Plan to be presented. We work with a multi-disciplinary team to ensure that a robust claim is presented during all communications/arbitration with the at-fault party.

Call for Inquiry into Ontario’s Automobile Insurance Industry: Motor-vehicle Accident Victims’ Advocates

A new, scathing report released by the Ontario Trial Lawyers’ Association (OTLA) focuses on the need for drastic reforms in the auto-insurance industry. Conducted by two independent American experts from the York University Schulich School Of Business, the study reveals several insights that far-reaching implications for this sector.

The primary areas of concern expressed by OTLA included impending cuts to victims’ benefits and biases in medical evidence used to assess injuries/disabilities etc suffered by motor-vehicle accident victims.

President of OTLA, Maia Bent, opines, “After years of changes designed to placate the insurance industry, the government needs to turn its attention to the plight of victims.”

She further remarked that Ontario’s insurance system was in crisis, coverage was being steadily eroded, premiums remained stubbornly high and insurer profitability was allowed to continue without limits. Injured accident victims and their families usually bear the brunt of the punitive changes that have been recently instituted in insurance regulations.

OTLA has called upon the government of Ontario to set up “a commission to conduct a public inquiry to examine the current state of independent medical assessments of injured auto accident victims.”

Additionally, David Marshall, the newly-appointed auto insurance advisor has opined that his task will be “identifying additional opportunities for auto insurance reform…. leading to better health outcomes, lower costs and more affordable insurance premiums.”

Reforms Needed

FAIR, the organization that advocates for insurance reforms for victims of accidents, has welcomed this move. FAIR has deemed that the auto insurance industry urgently needs reforms. Some of the important areas require detailed inquiry into:

  • Lack of diligence by Ontario court system and judges to make sure that medical experts are not “hired guns.”
  • Failure to ensure that medical experts are in compliance with the Rules of Procedure
  • Delay of payments to legitimate applicants – more than 50% claims are routinely denied by insurers
  • Wasteful and exorbitant rates paid by insurers on creating medical reports to counter the claims of legitimate applicants
  • Lax application of standards
  • Ontario regulatory colleges failure to meet their public obligations
  • Ontario taxpayers bearing the burden of motor-vehicle accident victims
  • Ontario insurers commissioning poor quality or partisan medico-legal reports

Medical Evaluations Under Scrutiny 

Rhona DesRoches of FAIR refers to the troubling use of “bogus medical reports and testimony….. the unsavory aspect of auto insurance.”

Currently there is a backlog of more than 60,000 insurance claims in the courts in Ontario, while another 20,000 are held up in arbitration. Studies reveal that insurers pay nearly 70 cents to every dollar they pay victims on gathering evidence to counter the claim.

Unlike other patients, accident victims have no choice regarding the physician who conducts their Independent Medical Examination (IME). In many cases, it is found that the physician provides unqualified, shoddy or biased report. This becomes part of the victim’s medical file and the basis for all further action. Rehabilitation benefits are often denied based on such faulty reports.

Victims and their representatives have no access to the IME physician’s previous history, track record, professional qualities, complaints regarding conduct etc. Another issue is the intended $500 fine for failure to appear at the IME.

If you have been injured in a motor-vehicle accident, consult our experienced, knowledgeable car accident lawyer for a genuine, swift and comprehensive assessment of your claim.

Brampton Personal Injury Lawyers: You Can Benefit From Our Experience!

You May Be Entitled to Compensation! 

Brampton personal injury lawyers Singh Barristers regularly meet clients who have been injured in accidents that were caused by someone else’s fault or negligence. 

Contact the nearest personal injury lawyer in Brampton if you or a dear one has been injured in a car accident or a slip and fall accident. You could be entitled to compensation. 

We offer an initial, free, no-obligations evaluation to assess the viability and worth of your claim. 

Our experienced Brampton car accident lawyer and Brampton slip and fall injury lawyer can provide a swift, genuine and comprehensive assessment of your case. This helps you to decide on the way forward. 

Do I Really Need Legal Assistance? 

In general, victims and their families tend to focus on recovering their health and getting their lives back on track. 

They assume that insurance policies will cover their expenses and compensate them for their injuries and losses. 

However, there are several complex legal, medical and insurance issues involved in seeing the compensation claim through to the end and in achieving the settlement you deserve. 

Going it alone could be difficult if you’re unfamiliar with the process. Additionally, if you’re recovering from your injuries, you may not be in a position to attend to these issues. 

In minor fender-bender accidents, it’s wiser to let insurance companies handle the matter. However, in the case of serious damages and injuries, an experienced Brampton personal injury lawyer with successful experience in handling similar cases can be of great assistance. 

We’re On Your Side! 

Our 24 hour injury lawyers advocate, advise and assist you. You should bring all relevant documents to your first consultation with us. These include medical bills, photographs/news-reports of site where accident occurred, contact details of witnesses if any.

We: 

  • Have experience in negotiating with insurance-companies
  • Understand the severity of damages/injuries
  • Have knowledge of insurance-company stalling tactics
  • Can access police-reports/witness-statements
  • Can communicate with insurers/claims-adjusters/at-fault party
  • Can build a robust claim backed by relevant evidence
  • Can protect your interests 

Getting legal assistance gives you a better chance of achieving your  settlement goals.

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)

Brampton Car Accident Lawyers: We Protect Your Rights!

Man Airlifted to Hospital Following Brampton Multi-Vehicle Crash! 

Brampton car accident lawyers Singh Barristers regularly deal with victims of motor-vehicle accidents like the recent disaster in Brampton. The February 18, 2017 collision involved four cars. Though three of the others involved suffered only minor injuries, one of the drivers was seriously injured. Winter conditions contribute in no small measure to such disasters.

Causes of Car Accidents 

Car accidents, contrary to our assumptions are usually preventable and avoidable. Many of them are caused by someone’s fault or negligence. Driver error, violation of safety norms, carelessness, omissions, ignorance of rules, etc are some of the typical reasons. They include: 

  • Drink/Drug impaired driving
  • Distracted driver (use of cellphones, texting, messaging, answering emails, grooming, eating/drinking, chatting, leaning round to talk/adjust radio-controls, loud music)
  • Unfamiliar/Badly-maintained roads
  • Failure to obey traffic/road signs
  • Aggression/road-rage
  • Poor weather-conditions
  • Inexperienced/Aged driver 

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

Claiming Benefits

According to Ontario laws, all residents injured in car accidents in Ontario are entitled to statutory benefits payable by their own insurance companies.

Additionally, injured victims are also entitled to make a personal injury claim against those responsible for the accident.

Both these require extensive and complex paperwork and adherence to strict filing and time-bound guidelines and knowledge of jurisdictions, venues, current amendments etc. Expertise in the complicated medical, legal and insurance issues is a must to achieve the compensation you deserve.

Most people are not familiar with these aspects. Additionally, injured victims are not in the right mental and physical condition to undertake the task of making a claim.

Brampton car accident lawyers with experience in handling similar cases can provide:

  • An initial, free, swift, genuine and comprehensive assessment
  • An evaluation of your claim on merits
  • Legal advice on the best way forward
  • Support in handling the physical, financial and emotional burdens
  • Assembling a robust compensation claim
  • Protection of your rights and interests

We’re here to safeguard your rights so that you get the compensation you deserve!

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)

Brampton Personal Injury Lawyer: We Help You Get the Compensation You Deserve

Accidents aren’t always Accidental! 

Brampton personal injury lawyers Singh Barristers know from experience that most accidents are preventable and avoidable. It’s also a fact that many accidents are caused by someone’s fault or negligence. Unfortunately, the consequences are faced by innocent victims. 

Car accidents and slip and fall accidents can result in life-altering injuries that place huge physical, financial and emotional burdens on not just the injured person, but also on the family. 

If you or a dear one has been injured in an accident, it’s crucial that you get medical help immediately, no matter how minor you think the injuries are. Many seemingly trifling injuries can later turn out to be serious, or they could aggravate already existing health issues. 

Once the medical emergency has been appropriately taken care of, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation. 

Simple Mistakes Shatter Lives! 

Typically, motor-vehicle accidents are caused by:

  • Distracted drivers
  • Speeding
  • Drunken/Impaired driving
  • Failure to obey traffic-signals, warning-signs, road-rules
  • Aggressive/Inexperienced/Elderly driver
  • Bad weather-conditions
  • Poorly-maintained/unfamiliar roads
  • Defective/malfunctioning auto parts 

Slip and fall accidents are a result of:

  • Uncleared ice/snow
  • Liquid spills
  • Freshly-mopped/polished/wet floors
  • Clutter/debris/out-of-place objects
  • Lack of warning-signs
  • Unanchored, torn or worn mats/rugs/carpets
  • Poor lighting
  • Broken/Missing hand-rails/fences/tiles
  • Uneven surfaces/stairs
  • Potholes/puddles
  • Rotten wooden stairs/floors
  • Uncleared ice/snow at entrance/exits 

It’s a fact that all these factors, if attended to properly and in time, could have prevented/avoided causing hurt to others.

When safety norms are violated, the injured suffer:

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

Additionally, based on the nature/extent of injuries, there may be other expenses. Care-giver, frequent hospitalization, surgery, medication, prostheses, physiotherapy, modifications to home/office/vehicle etc.

How We Can Assist

Injured victims are entitled to seek compensation from those responsible for the accident.

When disasters strike, people are left overwhelmed, confused, frightened and in pain. Our experienced Brampton car accident lawyer and Brampton slip and fall injury lawyer can help you get the best medical help, fund your case till settlement, build a robust claim, protect your rights and advocate for you in all negotiations/communications till satisfactory settlement is achieved.

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)

Brampton Slip and Fall Injury Lawyers: Handy Checklist for Injured Victims

Slipped and Fell? The Next Few Steps Are Crucial! 

Brampton slip and fall injury lawyers Singh Barristers who handle such cases exclusively know that the period that immediately follows a slip and fall injury are extremely vital. What you do or don’t do could determine the legal, medical and insurance outcomes enormously.

Most slip and fall accidents are caused by someone else’s fault or negligence. All property owners, whether private or public, have a duty of care to ensure that all legitimate visitors to the premises remain safe.

When accidents happen, contact the nearest personal injury lawyer in Brampton, as you may be entitled to compensation.

Why Is It Important to Consult a Lawyer?

Following a slip and fall injury, our 24 hour injury lawyers can ask you these questions:

  • Was the object against which you tripped/slipped out of place/broken/damaged?
  • Could there be a reason why the object was placed there?
  • If there are reasons, could a warning sign have been placed to limit accident chances?
  • Was the accident caused by broken objects or safety features?
  • Was the accident caused by insufficient lighting, uneven flooring, loose carpeting, wet-floors, liquid spills etc?
  • Was this hazardous condition existent for a long enough time for the owner to have known about it and fixed it?

If you’ve answered Yes to any of them, we can proceed with conducting further independent investigations into the circumstances, access property-maintenance records, etc.

Immediate Steps to Be Taken

Claiming compensation in slip and fall injury cases can be challenging because it can be difficult to establish the negligence and fix liability on the right party.

  • Ensure that the accident is reported immediately to someone in authority
  • Get medical attention immediately
  • Take photos of location
  • Note time and date
  • Contact a personal injury lawyer
  • Preserve all clothing, footwear worn at the time
  • Get contact details of witnesses 

Avoid communications/negotiations with at-fault party, their insurers and legal representatives without the advice of your Brampton slip and fall injury lawyer.

Follow all medical advice meticulously, preserve all records/receipts, avoid posting on social media regarding the case.

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)

Funeral Home Negligence

The death of a dear one is always an emotional issue and we would like their funeral and other rituals to go smoothly, in a dignified and peaceful manner, reflecting the love and respect we had for the person, their status in society and the beliefs and ethics they held in their lifetime.

Today, most people rely on funeral homes to help them bid farewell to loved ones. Such organizations take care of the funeral arrangements, burial or cremation, memorials, publishing obituaries, statutory requirements etc. and we trust them to do what’s in our best interest.

However, carelessness, lack of attention to our wishes, negligence and disrespect to the dead are some of the issues that cause great distress and grief to family and friends. If you have been the victim of funeral home negligence, contact a personal injury law firm which has experience in handling such cases, to file a personal injury claim against those responsible for mishaps and untoward events.

What Constitutes Funeral Home Negligence?

Most of us are unaware of our rights when we enter into contracts with funeral homes. In such a time of grief and distress, we are most vulnerable and fail to pay attention to many practical matters. Regardless of religion or faith, matters concerning death must be handled with respect and dignity. Any lack of dignity or respect can be termed “cemetery desecration.” Fraudulent practices and attempts to take advantage of the family’s sensitive condition result in certain malpractices and negligent acts.

Some examples of funeral home negligence include:

  • Partial embalming of body when full charges are collected

  • Not following instructions regarding coffin, dress, flowers etc

  • Improper embalming

  • Improper storage/refrigeration

  • Stealing of organs for sale

  • Sexual assault or abuse of deceased

  • Missing/misplaced body

  • Presentation of wrong body

  • Maggot or fungus infestation

  • Improper or incorrect burial/cremation

  • Misplacement of deceased’s property like jewelry or tooth-fillings

  • Misplacement of ashes

  • Co-mingling of ashes

  • Unauthorized disposal

  • Failure to tend to grave-site

  • Burial in wrong grave-site

  • Vandalized or marred

  • Coroner negligence

  • Burying bodies in older graves to save space

  • Soiled, shabby clothing

  • Unlicensed embalmers

  • Lack of respect, foul language used in front of clients

  • Unauthorized picking-up of body from the hospital

  • Making false and misleading statements

In many cases, the relatives and loved ones are unaware of funeral home negligence but if this comes to your notice, speak to a personal injury lawyer immediately to begin the process of filing a personal injury suit.

How We Can Assist

While most of us entrust the task of managing funerals to reputed and reliable funeral homes, it’s possible that aberrations occur. It’s important that you report your concerns immediately to the funeral home authorities and simultaneously contact a personal injury attorney. Key evidence needs to be preserved and documentary proofs and photographic evidence has to be gathered. We can conduct independent investigations, get testimony from eye-witnesses (if any) and expert witnesses, etc to back your claim. We represent you in all communications/negotiations and ensure that your rights/interests are safeguarded.

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)