When car accidents happen, the primary focus remains on ensuring that injured people get prompt medical attention. Following this, there are several events that take precedence, like dealing with the financial, physical and emotional crisis, etc. Most people assume that their insurance company will take care of the compensation aspects. In fact, they are duty bound by contract to do so. However, in reality, being for-profit organizations, they tend to put their own business interests ahead of their clients’.
When the insurance company is informed about an accident, they immediately begin an investigation into the circumstances. This is mainly to confirm that the facts as claimed are true. A claims-adjuster is assigned to your case and this person’s loyalty is firmly towards his/her employer: the insurance company. Hence, they may adopt various tactics to dispute, delay, deny or dismiss your claim. Since there are several complex legal, medical and insurance issues involved, it’s difficult for victims to work through these and get all the benefits they’re entitled to.
Claims-adjusters may pose as your friendly, helpful agents, but it’s important never to give a recorded statement, make inadvertent remarks that assign some part of the fault to yourself, apologize, give permissions to access private, confidential, medical, personal and employment information, etc. Insurance companies may also undertake surveillance, investigate your social media profiles, talk to your employers/friends/family/neighbors etc in search of any contradictions in your claim. Contact an experienced personal injury lawyer without delay to represent you in all communications so that your interests and rights are well protected.
Insurance companies have to compensate injured persons for income-loss, medical and rehabilitation expenses, disability, death, pain and suffering, care-giver expenses etc based on the contract signed with the insured person. However, they may not act in good faith because they are focused on protecting their own business interests. Hence they may dispute or deny your claim based on various technical aspects.
A vital aspect is the medical testimony of your treating doctor. It’s crucial to seek immediate medical attention if you or a loved one has been involved in an accident. You may assume that your injuries are minor or that you’re completely unhurt. However, from a medical, legal and insurance point of view, it’s important to consult a doctor and leave a paper-trail. Otherwise it’s difficult to establish the connection between injury and accident.
Be completely frank in disclosing health status, habits, medical history, circumstances of the accident etc to your doctor. Never discuss legal concerns with your doctor. You could create a negative bias. Follow medical prescriptions/orders strictly and don’t miss appointments. Tell your doctor about all your symptoms including pain, emotional state, changes etc. without exaggeration. If you’re unable to work because of injuries/pain/disability/depression/anxiety, ensure that this goes on your medical record. Don’t forget to maintain an accident and medical journal to record each and every incident, report, test, diagnosis, treatment, medication, conversation etc related to your injuries.
An experienced personal injury lawyer team can help you get the best medical treatment available and also ensure that your rights and entitlements are safeguarded.
If you or a loved one has suffered life-threatening injuries following a catastrophic accident, it’s important to get the best possible medical diagnosis, treatment and rehabilitation to help you recover. No matter how minor you assume your injuries to be, visit a qualified doctor immediately and take all the tests recommended. Some injuries may appear minor initially, but turn out to be very serious later.
Accidents are rarely accidental. They’re usually caused by someone’s fault or negligence. Victims are entitled to seek compensation for their injuries and losses from those responsible for the accident. They can file a personal injury suit against the at-fault party with help from an experienced accident injury lawyer.
Your doctor may recommend taking an MRI (magnetic resonance imaging) scan to identify/rule-out brain/spine damage, internal organ damage, brain/heart abnormalities, back, neck and face injuries etc. However, MRI scans are expensive and in general insurance-companies don’t entertain recovery claims for these. They are for-profit organizations and are focused on protecting their own business interests. They may deny or dispute your claim saying such a test was unnecessary or suggest that this is a fraudulent claim. In reality, such tests help to identify, locate and manage the problem and assist the doctor in providing the correct treatment.
However, an experienced personal injury lawyer who has in-depth knowledge of the complex medical, legal and insurance issues involved can help you to get compensation for all the required tests, treatments and rehabilitation procedures that your doctor recommends. We ensure that your rights are fully protected.
According to studies conducted by the US Center for Disease Control, nearly 240,000 people including teens and adults, are treated in ERs around the country for injuries suffered in bathroom slip and fall accidents.
Bathrooms are extremely hazardous places, especially for older people. Wet floors, slippery products like soap and shower-gel, poor lighting, inability to keep balance while stepping in or out of the tub or shower cubicle, falling while using the toilet or wiping down the walls and counters etc are some of the reasons for slip and fall accidents in bathrooms. Many of these injuries occurred when the person fell and hit the floor, other injuries happened when they hit their heads against the counter, WC or shelves. They may also hit themselves against the tub, bathroom fixtures etc. Most of these injuries result in broken bones, facial and dental damage, traumatic brain injury, concussion, loss of consciousness etc.
Bathroom floors in private and public places have to be kept safe and dry for use of all those who are legitimately allowed to use them. Regular cleaning, wiping, maintenance, warning signs regarding wet floors in public toilets etc are some of the ways to prevent these accidents. Owners of premises where these bathrooms are located have a responsibility to ensure that they are safe. If you or a loved one has suffered injuries due to a slip and fall accident in a bathroom caused by someone else’s fault or negligence, contact a personal injury lawyer immediately. You may be entitled to compensation.
Slip and fall accidents can happen at any time, to anyone and anywhere. One of the common places where such disasters happen is in a mall or store. They can happen while you’re entering or exiting or you’re within the premises, using the rest-room located inside etc. Not many people are aware that stores and retail spaces that welcome and invite customers into their premises also have a duty to ensure their safety. A dangerous or hazardous condition that exists in the store, that the owner was aware or should have been aware of, can cause serious injuries. The result can be severe physical, financial and emotional trauma to not just the injured victim but often to the entire family.
If you or a dear one suffers such injuries, contact an experienced slip and fall injury lawyer with expertise in dealing with similar cases. You may be entitled to compensation.
However there are several complex medical, legal and insurance issues involved. The term “premises” can cover land-ownership, business premises, rental or leased properties etc. and the liability may be different in each case. There may be multiple agencies involved.
Other agencies in charge of maintenance, cleaning, repairs etc can also be held liable in such cases. Lack of warning signs, poor lighting, damaged flooring, wet/slippery freshly-cleaned floors, loose carpeting, cluttered aisles, debris and waste etc can also cause accidents. In recent years, large store chains across many countries have faced liability actions for failing to ensure the safety of all legitimate visitors to their premises.
The field of personal injury law is a branch of civil law that provides redress to those who have been injured, suffered losses and damage due to the fault or negligence of another. The at fault party can be an individual, group, government, coroporation or other entity. Some of the common personal injury claims that can be made include seeking compensation for injuries suffered in car accidents, slip and fall accidents, motorcycle accidents, long term disability, traumatic brain injuries, medical malpractice, nursing home neglect, animal attacks and dog bite, boating accidents, amusement park injuries etc.
All personal injury lawyers and law-firms have the training, education, experience and capability to handle almost every type of personal injury claim. However, they may choose to specialize in one particular area and establish a good reputation and competence in it. For instance, some lawyers specialize in car accident injury claims. They gain the necessary medical, legal and insurance knowledge in this field, along with keeping abreast of current legislations and regulations.
They evaluate the circumstances of your case, assess whether you have a valid claim and provide a genuine opinion on the merits of pursuing it or not. They can also provide a ball-park estimate on how much you can reasonably hope to recover. Well-established lawyers/law-firms can help put together a robust claim, backed by the required evidence, deal with the paperwork, and help you to bridge over financially difficult times. Most of them take up cases on a contingency-fee basis, so no fees are charged upfront and legal fees charged only on winning.
Personal injury laws like many other types are governed by statute of limitations restrictions. This means that there is a certain time frame within which a suit has to be filed to be considered valid. If you fail to meet this deadline, you could lose the opportunity to ever make a claim, no matter how serious your injuries and how negligent or faulty the defendants were. When the time set for statute of limitations has expired or passed, your case will be struck down.
The purpose of such restrictions is to ensure that no frivolous claims are made, the plaintiff has enough time to pursue it with reasonable diligence and that enough evidence is still available to enable a proper judgment.
Ontario laws prescribe a two-year statute of limitations starting from the date that the accident occurred to file personal injury claims. This law assumes that within this time, the plaintiff becomes fully aware of his/her injuries, losses and damage. It also assumes that plaintiff becomes aware that the accident was caused by the defendant’s fault or negligence.
If you miss this deadline, you cannot file a claim and you may have to pay all the legal costs for both sides. There are several other time limitations that you have to be aware of. For instance, if making a claim against the municipality or a government authority, you have to give a notification within 10 days in most cases. Though there are certain exceptions to all these rules, it’s not worth taking the risk. Contact an experienced personal injury lawyer immediately to avoid missing a deadline.
As a social host, you have a duty of care to ensure that all your invited guests stay safe on your property, reach their homes safely and don’t cause harm to others on the road. Under Ontario’s social host liability laws, social hosts are those who don’t sell alcohol for profit, have a friendly, non-employer relationship with guests and are serving alcohol on premises fully under their control.
Even if the party is one where guests bring their own drinks this liability remains. If you or a loved one has been injured in an accident after leaving a party hosted by a faulty or negligent host, contact an experienced personal injury lawyer immediately. You may be entitled to compensation.
There are various types of social host liability under this law. Liability as a server occurs if the person serves alcohol beyond the point of intoxication, knowing that it is hazardous to do so. Liability as a sponsor of potentially dangerous activities such as impaired driving is another type. Premises liability also comes under this category. The host should have a choice of alcoholic and non-alcoholic beverages. There should be plenty of water to drink. Hosts should restrict their own drinking so that they remain alert. It’s important to check beforehand with a group if they have a designated driver, so that this person’s intake can be monitored. In case a guest is unable to drive himself/herself home, hosts should provide accommodation till the effects of alcohol wear off fully. Hosts should ensure that they have a handy list of call-taxis or designated driving services.
Very few of us think of long-term disability (LTD)as something that could happen to anyone at any time in life. This condition is not just one of physical restrictions, pain and discomfort. It causes a huge financial burden on the victim and the entire family. Inability to work in a profession that you’ve been trained for leaves you without an immediate source of income. Along with this, your medical treatments, surgery, rehabilitation, follow-ups, medication, assistive devices etc have to be paid for. This causes a financial crisis. Finally, the emotional and psychological aspects are equally important. Depression, suicidal thoughts, lack of self-esteem, social isolation, behavioral issues, drug or alcohol dependence, aggression, rage, breakdown of personal relationships are some of the risks.
Victims are entitled to LTD benefits that can replace between 55-75% of gross-earnings. However, there are strict regulations and criteria that govern eligibility. If you’re entitled to Worker’s Compensation, you can apply with the help of an experienced long term disability claims lawyer. Robust evidence has to be presented to back your claim with inputs from authorized, reliable and respected experts in the field.
Insurance companies could deny your claim if your employer doesn’t provide the right documentation. Your injuries may not be properly documented by the treating doctor. LTD benefits may be terminated after two years and you have to re-apply in case you are unable to do any work to earn an income. If pre-existing conditions are discovered, your claim will be denied. You need to act immediately if your claim is denied to get the compensation you deserve.
If you or a dear one has been injured in an accident that was caused by someone else’s fault or negligence, contact an experienced personal injury lawyer without delay. You may be entitled to compensation for your income/wage loss, medical and rehabilitation expenses and pain and suffering if you fulfill the eligibility criteria and if your claim is deemed to be valid.
Having the right personal injury lawyer to advise, assist and advocate for you can help you to achieve a successful outcome. While selecting a personal injury lawyer, get recommendations from trusted sources – family, friends, your doctor, family lawyer etc. You can also get information from legal directories, local bar associations and from personal injury lawyers’ websites. Ensure that you provide complete information about your case. First consultations are usually free, so you have the opportunity to voice your concerns, ask questions and gauge how comfortable you feel with the person.
Ensure that the law-firm and lawyer have the necessary licenses, qualifications, training and experience to handle cases similar to yours. Check their credentials independently on reputed peer review organizations like Lexpert, Best Lawyers in Canada etc. They should be members of bodies like the Ontario Association of Trial Lawyers. Look for on-line reviews, peer reviews, media reports etc and talk to former clients if possible. Get information about their philosophy/ethics, whether the lawyer has published articles/books. The firm should have the financial resources to pursue your claim and also have good contacts in health-care to help you get the best medical help and testimony.
When people are injured in accidents, most of them assume that their insurance companies, or those of the at-fault party will promptly honor their compensation claim. However, the harsh reality is that insurance companies are for-profit organizations whose aim is to protect their own business interests. They would adopt several methods to delay, deny, dismiss or dispute your claim based on a variety of “facts” and technical aspects.
An experienced personal injury lawyer can deal with the complex medical, legal and insurance issues involved. This leaves the injured person free to concentrate on getting his/her life back on track.
The claims process can be quite lengthy and stressful if you’re not prepared for it. Most claims are settled out-of-court and rarely make it to trial. They’re settled through negotiation, arbitration, mediation etc. Court outcomes are unpredictable. Hence, settlement is a good option. Avoid trying to handle the claim on your own. This is not a job for DIY enthusiasts.
Successful claims hinge on evidence and the law. Ensure that you preserve all bills, receipts, documents, etc. Take photos of the accident-scene, location, injuries, damage etc with date/time stamps immediately if possible. Avoid confrontation, discussions etc with anyone. Visit a qualified doctor immediately, even if you feel your injuries are minor. This helps to leave a paper-trail if your injuries turn out to be serious later. Don’t talk to insurance-company representatives or claims adjusters without your personal injury lawyer’s go-ahead. Keep an accident journal to record all events and don’t be tempted to take swift, meager settlements in the short-term.
Ontario has a system of statutory benefits for all accident victims regardless of fault. In general, accidents are deemed to be caused by someone’s fault or negligence. Thorough investigation of the circumstances can yield enough evidence to point out where the fault lay. However, under the Statutory Accidents Benefits Schedule of Ontario, accident victims can make claims on their own insurance company for benefits. These claims are called “first party” claims for damage to property and compensation for injuries/losses suffered as a result of the accident.
Under this law, those who are at fault or whose negligence caused the accident are also entitled to claim benefits from his or her own insurer. They can claim compensation for income loss and medical and rehabilitation expenditure. However, being found at fault can raise such a person’s insurance premiums. The insurance company will use their industry’s “fault determination rules” and determine the degree of fault. This results in a rise in that person’s insurance premiums the next time the policy is renewed.
Apart from no-fault insurance, the at-fault party can be held liable in a personal injury suit. The accident victim or plaintiff can claim pain and suffering, loss of income and medical expenses, apart from any other relevant categories once the fault has been established. In such a case, the plaintiff’s personal injury lawyers will have to prove anew the negligence or fault. Our experienced personal injury lawyers can ensure that a strong claim backed by the right testimony and evidence is presented.
The Canada Pension Plan (CPP) entitles people who have made enough contributions to the plan to receive benefits when they are unable to work. These benefits extend to their dependent children as well. The aim of these benefits is to replace a portion of the earnings of contributors who have suffered prolonged or permanent disability.
Information is compiled based on inputs from treating doctors, the applicant, employers etc. and a profile is created. Based on this profile, a test of employability is evaluated rather than medical eligibility and suitable compensation is awarded. In many cases, benefits are denied outright from the application stage itself. They may be terminated on the date of the “change of definition” – this means that at that particular point, you are not eligible to receive these benefits any longer. There are different medical, legal and insurance issues involved in this complex situation. You and your family need the advice, assistance and advocacy of a highly-trained, skilled and knowledgeable disability claims lawyer. There is a huge backlog of appeals and it may be difficult to work through the court system in a timely manner. You are also entitled to pursue a personal injury claim against the at-fault party responsible for your accident/injuries.
We can help you put together a robust claim to take care of your present and future needs. We also ensure that your rights and entitlements are protected and that all avenues and legal recourses are explored to get you the compensation you deserve.
According to Transport Canada, an estimated 60% of drivers across the country have gotten behind the wheel though they felt drowsy. More than 30% of drivers have actually fallen asleep while driving. These startling facts bring into sharp focus the consequences that are sure to follow such hazardous behaviors.
Drowsy driving is today a nation-wide problem and on par with drunken driving. It happens across all age groups though younger people are more prone to take such risks. It has a serious impact on your abilities and poses a huge risk to all those who share the road. Driving while fatigued or sleepy is dangerous because it affects reaction time, impairs judgment and decision-making, affects focusing abilities, depth perception, vision, co-ordination and motor-skills. The warning signs include yawning, heavy eyelids, inability to hold the head up, wandering thoughts, memory problems etc.
Many people fail to understand the seriousness of driving while fatigued or sleepy. If the vehicle is a large truck, bus or semi with trailer, the results can be disastrous. However, as there is no objective test for drowsy driving, it can be difficult for the driver himself/herself to judge whether they are indeed too sleepy to drive.
If you or a dear one has been injured in an accident caused by a sleepy driver, contact the best car accident lawyer in Ontario. You may be entitled to compensation for the damage, injuries and losses caused in such accidents. We can help you put together a robust claim and safeguard your rights.
Car accidents are a common reason for fractures and broken bones. Collisions cause the body to experience huge impact forces, resulting in various types of injuries. If you or a dear one has sustained injuries in a car accident, it is your legal right to seek compensation for your losses. Accidents are rarely accidental and most of them are caused by someone’s fault or negligence.
Any bone in the body can break when battered by the impact forces in a collision. You may be thrown against hard interior surfaces, thrown out of the car or you may be caught between parts of the vehicle or between two vehicles. Crush impact happens when large vehicles collide with smaller ones. When collisions happen, people instinctively throw their hands in front of their faces resulting in broken wrist, fingers, elbow etc. You may also extend your feet or slam on the brakes reflexively, causing fractures.
What are the common fractures and their effect?
Common fractures include Tibia, Fibula, Femur fractures, hip, rib and pelvis fractures, back and shoulder bone fractures, facial and skull fracture, cervical (neck) fracture, wrist and arm fractures. Though most of these are not life-threatening, they result in restricted mobility, long/short-term disability, loss of function, pain, and suffering. Since the victim has to undergo various types of treatments and therapies and be on painkillers, they are unable to work. Loss of income/medical-rehabilitation expenses causes financial crises. Contact an experienced personal injury lawyer to help you understand your rights and entitlements and help you get the compensation you deserve.
If you or a dear one has suffered injuries in a car accident, it’s important to be aware of the different areas where you may feel pain. When there are serious injuries, it’s possible that the trauma prevents you from feeling lesser pains in other areas. These injuries, if left untreated, can cause bigger problems like osteoporosis etc later on. After consulting a qualified doctor, contact a car accident lawyer immediately. You may be entitled to compensation.
What is a cause of Hip pain?
Hip pain is a common after-effect in motor-vehicle accidents. This is caused by a variety of injuries like acetabular fracture (break in the hip joint bones), bursitis (inflammation of the bursae) hip fracture or dislocation, tendonitis etc.
Such injuries occur when the knee slams into the dashboard, due to forceful impact in a collision, or sudden jerking movements that cause sprains/strains/tendon-tear etc.
There are serious physical, financial and emotional consequences, both long and short term. Restricted mobility and post-surgical convalescence may require the injured person to discontinue working. Traumatic arthritis and excruciating pain are some of the after-effects. Pain relieving medications can cause the person to be drowsy and unable to work. This leads to loss of income/wages. High medical and rehabilitation expenses, along with pain and suffering can cause enormous distress to the entire family. If your accident was caused by someone else’s fault/negligence, you’re entitled to compensation. Our experienced personal injury lawyers can help you get the compensation you deserve.
Personal injury lawyers have to safeguard the rights and interests of their clients. That’s why we ensure that we keep abreast of new trends and technologies, social media being one of them.
Today, most Canadians have a presence on some social media platform or the other, often multiple ones. Facebook, Twitter, Instagram etc are popular not with only young people, but increasing numbers of seniors as well. Employers can cross-check and confirm resumes and job experience through candidates’ social media profiles and posts.
Social Media In Personal Injury Claims
Insurance companies and other parties engaged in litigation are a major user of these platforms. They use them as a surveillance or investigative tool.
For instance, if you have been involved in an accident and are claiming compensation for injuries but you post comments on social media telling your friends and family that you’re fine, no worries, etc, this can be used against you.
Clients may also post photos of themselves having a get-together with friends and family, outings, picnics etc while they have made a claim for pain and suffering.
Insurance claims-adjusters have their own investigative teams that browse through social media sites and zero in on apparent contradictions in claims. Slip-and-fall accident lawyers are well aware of this.
Investigative agencies use Google searches to verify your social and financial status, employment, the kind of home you live in, street-address, financial assets, health, social/educational/economic background etc.
An experienced Lawyer for car accident injury can advise and assist you to manage your social media presence till full settlement.
Ontario residents are entitled to apply for accident benefits if they have suffered financial losses as a result of injuries sustained in motor-vehicle accidents. These benefits are available in their own automobile insurance policy.
Known as the SABS (Statutory Accident Benefits Scheme) these benefits are provided regardless of fault. It includes drivers, pedestrians, cyclists, motor-cyclists who can all apply for benefits even if the other party in the collision was at fault. If you don’t have insurance, you can apply against the coverage of your immediate family-members (parent, spouse etc).
However, achieving the compensation settlement can be an uphill task as there are several complex medical, legal and insurance issues involved.
We assume that our insurance company would release the funds without delay so that we can resume our normal lives as soon as possible. But insurance companies are for-profit organizations which focus on protecting their own business interests. Hence they may deny or dismiss your claim, or delay payments inordinately, citing technical reasons etc.
An experienced Cornwall personal injury lawyer who regularly handles such claims can provide the right information, advice and assistance in such matters.
Seeking Statutory Accident Benefits
SABS is governed by Ontario’s Insurance Act. It is intended to compensate those injured in motor-vehicle accidents for financial losses they have suffered as a result of their injuries.
Victims have to inform their insurer within seven days of the accident. The insurer then provides an Accident Benefits Application kit which has to be completed and returned within 30 days. It’s wise to keep a copy of the forms you have completed and submitted.
What Benefits Can Be Claimed?
The benefits that will be provided are based on the nature and extent of your injuries and their impact on your daily functioning. These include:
Non-earner benefits: These are available to someone who cannot carry on their normal functions, but is not eligible for income-replacement since they’re not employed. Full-time students or those who graduated a year earlier but still unemployed are eligible.
Income-replacement benefits: You are eligible to receive up to 70% of your gross weekly income, capped at $400 weekly. It’s available provided you can satisfactorily demonstrate that you’re unable to perform the functions as you did earlier. Additionally, you should have been employed continuously for at least 26 weeks previously and were receiving employment insurance benefits.
Caregiver benefits: If you are a primary caregiver to someone and have been living with the person in need of care, without being paid for this service, you may be eligible. You must prove that you’re unable to perform your caregiving functions.
Medical and rehabilitation benefits: Compensation is available for reimbursement of any reasonable expenditure incurred as a result of the accident. This may include ambulance, dental, optometric, chiropractic, hearing-aid, medication etc and rehabilitation benefits can include treatments and services like physiotherapy, occupational and vocational therapy etc. In certain cases, it could also cover home/workplace modifications, financial and psychological counseling etc.
If you’ve suffered catastrophic injuries, a different set of criteria may be applied.
Consult your experienced Cornwall personal injury lawyer without delay to receive the statutory benefits you’re entitled to.
Car accidents can leave a trail of destruction in their wake if you or a dear one has been seriously injured. The road to recovery can be a long and expensive one, and in many cases, it may not even lead to complete recovery.
Accidents are the result of someone’s fault or negligence. A moment’s inattention, one extra drink at a party, speeding, answering a phone call or typing out a quick response to a text message can lead to someone else’s life being altered irrevocably.
The injured are entitled to seek compensation. Ontario laws entitle all those injured in motor-vehicle accidents to receive statutory benefits from their own insurance companies. Additionally, they’re also entitled to claim compensation by filing a civil/personal injury suit against the at-fault party.
Benefits for motor-vehicle accident injuries are governed by Ontario’s Financial Services Commission (FSCO) and not by the Ministry for Health and Long-Term Care.
If you have been injured in a motor-vehicle accident, getting medical attention is of utmost importance. Some injuries may appear to be minor at that time, but could turn out to be much worse if they’re left undiagnosed or untreated. Whiplash injuries are typical examples of this. Many victims don’t realize that they’ve suffered injuries till a few days have passed. Stiffness, numbness, blurred vision, ringing in the ears, memory/concentration problems, fatigue, sleep disturbances etc are some of the common symptoms of whiplash.
Such injuries require extended physiotherapy and other ongoing treatments for complete recovery, relief from pain and restoration of mobility and function. Treatments include ice and heat applications, cervical support, gentle mobility, electrical stimulation, acupuncture, pain-killers and anti-inflammatory drugs.
Unfortunately, Ontario’s funding system for physiotherapy is one of the most complicated in Canada, according to Dr. M Landry, Dept of Physical therapy, University of Toronto. There are different agencies which have to be approached, your eligibility under these has to be determined and finally the funds have to be released when they’re really required.
Our experienced Chatham Kent personal injury lawyers can help you with the complex paperwork and the difficult legal, medical and insurance issues involved.
The Role Of Insurers
The accident must be reported immediately to your insurance company. There are two types of claims-adjusters who will handle your case: One for the vehicle damage and one for your injuries. As a result of the accident, if you have been injured, this must be indicated in your report. Following this, an accident claims adjuster and claim number will be assigned to you.
This allows the physiotherapy clinic to co-ordinate your treatment with your doctor and your insurer.
Physiotherapists are deemed to be primary health care providers in Ontario and a physician referral is not strictly necessary, but it may be so under certain health care plans.
Your Chatham Kent personal injury lawyer can help you understand these aspects better so that you get the best possible treatment and get your life back on track again.
If you or a dear one has slipped, fallen and sustained injuries in a public place, this is certainly not the time to feel embarrassment of the slipping-on-a-banana-peel variety.
Such accidents can cause serious injuries, ranging from traumatic brain injury to spinal and neck damage, internal organ injuries, hip/pelvic/extremities fractures etc.
Apart from the pain and suffering, victims and their family-members also suffer physical and financial losses. Inability to work and earn wages, coupled with out-of-control medical and rehabilitation costs cause anxiety, depression and even suicidal thoughts.
If your injury happened in a public place, the process of seeking compensation for your injuries can involve several highly complex medical, legal and insurance issues. As a lay-person one may not be familiar with these matters and if you need to enhance your chances of a more successful outcome, consult a Brampton personal injury lawyer without delay.
Seeking Compensation
If your accident occurred in your local supermarket, grocery store, retail outlet, public park, building or pavement, it was probably caused by someone else’s fault or negligence.
People are entitled to feel safe when they’re on another person’s property and it is that person’s responsibility to ensure that the premises are maintained in a state of reasonable safety.
However, the process of seeking compensation is not very simple or straightforward. Insurance companies which make the settlement payouts could dispute your claim, deny the nature and extent of injuries or delay the settlement citing a host of technical reasons. It’s preferable that you seek the assistance, advice and advocacy of an experienced Brampton personal injury lawyer to enhance your chances of a better settlement outcome.
Important Aspects To Keep In Mind
Compensation claims for slip and fall injuries hinge on the concepts of negligence and liability. A robust body of evidence has to be presented. A majority of personal injury claims are settled out-of-court.
Such claims are also governed by statute of limitations deadlines within which claims or suits have to be filed.
Keep these crucial factors in mind while seeking compensation:
Report the accident immediately to the at-fault party and preferably to someone in authority. Ensure you get an acknowledgment or that the report is documented
Keep all records or receipts of such reports
Get medical attention without delay. Consult a qualified physician and keep all reports, test-reports, X-rays, MRI or CT scans, receipts etc.
Get a genuine and comprehensive assessment of your claim based on merits. This helps you determine whether you have a valid case or not and whether you can expect a successful outcome.
Public liability claims are governed by slightly different regulations. Apart from proving that the party owes you a duty of care, it’s also crucial to provide evidence that such a duty was breached and that the injuries you sustained were caused by such a breach.
Time-limits are vital in these cases. In case the injured person was a minor, there may be different time-limits. There are also different rules for notifying municipalities and local government bodies about the accident and for intention to claim compensation.
Public liability claims can be brought against the at-fault body/organization/entity.
Consult a Brampton personal injury lawyer with specific experience in handling slip and fall accident claims.
Slip and fall accidents can happen anywhere and at any time, to anyone! They strike like a bolt from the blue but their effects can last for an entire life-time in some cases.
The risks lie everywhere and property owners are responsible for ensuring that their premises remain in a state of reasonable safety for all visitors.
In Ontario, for instance, the Occupier’s Liability Act holds property owners responsible for maintaining premises under their control so that visitors and their belongings remain safe. Accidents can happen due to the fault or negligence of the person/s or entity that had a duty of care to ensure safety.
The injured are entitled to seek compensation for the physical, financial and emotional trauma that they face as a result of the accident.
Negligence Is a Key Concept
In slip and fall accidents, as with other personal injury claims, the concept of negligence and proving liability are fundamental to achieving a successful outcome.
Most claims are settled out-of-court and seldom make it to trial. As Bolton personal injury lawyersknow, a process of negotiations between both parties can settle matters to the final satisfaction of both.
While claiming compensation for slip and fall injuries, the injured party has to prove that it was the at-fault party’s negligence
that caused the hazardous conditions
which led to the accident
and ultimately to the injuries.
Evidence and proof can make or break your claim as experienced Bolton personal injury lawyers can advise.
Photographs as Evidence
One of the crucial pieces of evidence that can be presented is photographs. As the saying goes, “A picture is worth a thousand words.” There’s nothing that helps to establish facts like photographs taken at the location, at the time of the accident.
Today, almost everyone carries a mobile-phone and unless you’re seriously injured or unconscious, it’s not very difficult to click a few clear pictures showing:
Location with important landmarks to fix it
Dangerous conditions that caused the accident
Time and date which stamps on photographs
Weather and visibility conditions
Damage/injuries sustained
Lighting
Other contributing factors like construction, etc
If you’re unable to take pictures, get a trustworthy friend or family-member to visit the place immediately and take them. It’s important to document the conditions immediately, because things can change with time. By the time the negotiation process begins or the case goes to trial, things may have changed and our memory is notoriously fickle.
The property owner may change the conditions, fearing legal action. They may repair, replace or destroy evidence.
Photographs can also help to pinpoint the exact reason for the accident. For instance, if the picture shows the air-conditioner from which water was dripping and causing a puddle in which you slipped, or it shows a water-spout that empties water on to a driveway causing ice to form where it may not normally do so, or the picture shows damaged tiles, unanchored/frayed carpets, lack of Wet Floor signs after cleaning, or shows debris/clutter left out of place, etc, these are important to prove negligence.
The examination of discovery stage in a personal injury suit is something that many plaintiffs worry about.
This happens in the pre-trial stage of the trial process and comes at a time when the case has progressed to the trial stage. Although almost 90% of personal injury cases are settled out-of-court, there are times when the settlement negotiations, arbitration or mediation fail to achieve a mutually satisfactory outcome. The case then proceeds to trial.
This is also the first time that the opposite, at-fault party’s lawyer will come face-to-face with the plaintiff. The impression they form of your integrity, the validity of your claim, the nature and extent of your injuries and their impact on your life is a crucial element in their assessment of how strong your case is.
Slip and fall accidents can be challenging to deal with, since there are several complex medical, legal and insurance issues involved.
An experienced Ajax personal injury lawyer with proven success at trial can provide the right advice and assistance.
What Is Examination of Discovery?
This is a pre-trial process where lawyers on both sides can question opposite parties (and their agents/employers) under oath on any matter relevant to the claim. The entire process is recorded and can be produced as a transcript in court later if required. It’s important that you attend, otherwise it could affect your case negatively. The time duration depends on the facts/circumstances/procedures.
This process allows both sides to get information about each other’s cases. Lawyers who conduct this procedure seek to establish:
What the opposite party’s views are on the claim
That you are committed to a particular version of facts as given directly by you
Whether there are any areas of consensus
What the specific points of dispute are
Whether there is any information given or admissions made by the opposite party that can be used in trial against them
Both lawyers seek to protect their clients’ interests and rights.
The procedure is held in a special location designated for it, or a privately-operated “Examiner’s Office.” There is no judge present. Members of the public are not allowed.
Preparation
Lawyers, investigators, insurance-company representatives etc are highly-trained, experienced and focused people who handle these situations regularly, hence, you need to remain alert and vigilant.
Remain calm and focused
Speak only the truth
Speak clearly and confidently
Ensure that you’re consistent even in minor details
Don’t volunteer information
Listen carefully to the question, answer only when you’re ready to answer the whole question
You’re not compelled to answer immediately, take your time
Never speculate, guess or provide more than what is asked
Don’t answer without understanding the question
If you’re asked to estimate or guess, ensure that you specify that this is a guess
Your lawyer’s duty is to protect your interests and they will object if the questions are improper
The questions can cover an extremely broad range and may go into personal areas
You won’t be allowed to have a private conversation with your own lawyer during the process
It’s not unusual to feel anxious or nervous beforehand. Share your emotions with your lawyer. Your experienced Ajax personal injury lawyer will spend adequate time with you to help you prepare and practice for this.
If you or a loved one has sustained serious injuries in a car accident you know what it’s like – the confusion, anxiety, fear, pain and grief can be overwhelming.
Added to these, you’re worried about the way your bank account seems to be getting depleted. Medical expenses, hospitalization, medication, continuing care and rehabilitation expenditure can swiftly spiral out of control. You’re probably unable to resume work for an indefinite period as a result of your injuries, so there’s no money coming in.
Obviously, this is a time of enormous emotional trauma too. It’s easy to slip into depression, panic attacks, sleep disturbances, feelings of low self-worth and dependence.
While monetary compensation can never replace what you lost, it can certainly make things a bit more comfortable for you and your family.
Accidents are the result of someone’s fault or negligence. Injured persons are entitled to seek compensation from those whose carelessness or breach of safety norms caused the accident.
Get in touch with an experienced Burlington personal injury lawyer without delay to understand your rights and get assistance with achieving a satisfactory settlement.
Select The Right Personal Injury Lawyer
Keep these factors in mind:
You need an exclusive practitioner of personal injury law. The person should be a full-time, experienced professional who doesn’t just occasionally take up the odd personal injury claim. This field like any other has its own specialists who gain expertise and knowledge and keep up to date with all the latest developments, amendments and regulations in the field.
Are you being outsourced? Check if your lawyer/law-firm does in fact handle your entire case. Some lawyers may take up cases but later refer them to another lawyer or law-firm whom you may not be familiar or comfortable with.
Meet the lawyer who will actually handle your case. Law-firms may be in touch with “runners” whose job is to trawl hospitals for accident victims and get them to less reputed, unqualified or inexperienced lawyers. Ensure that you sign documents only with a lawyer whose background and credentials you have verified.
You need to feel comfortable – whether it’s demeanor, language, attitude, respect and dignity given. Remember that the case could take some time to be resolved and hence you need to trust the lawyer/law-firm, and feel secure that your rights are being safeguarded.
Experience is crucial. Obviously everyone has to start somewhere, but it need not be with your claim! A successful track-record of handling cases like yours gives you the confidence and faith that your claim may work out the way you want. Though 90% of claims are settled out-of-court, look for a personal injury lawyer with trial experience. In the event negotiations break down, they should be prepared to take the case to court.
Ensure that you select a Burlington lawyer who handles only plaintiff claims. If they do work for insurance-companies there could be a potential conflict of interest.
The right lawyer can make all the difference to the outcome of your claim. Insurance companies may not always act in good faith since their focus would be on protecting their own business interests. An experienced Burlington personal injury lawyer will advise, assist and advocate for you keeping your rights uppermost.
Statistics show that one person is killed on Ontario roads every 17 hours and that cyclists and pedestrians constitute about a quarter of road fatalities.
Motor-vehicle accidents are usually caused by someone’s fault or negligence. Road-safety activists and the cycling community have called for strong penalties to deal with such drivers.
Currently, Ontario’s driving laws have no category of fault for careless driving causing death. Careless drivers may be fined up to a maximum of $2000 and six months’ imprisonment with license suspension. However, in the current scenario, when distracted driving has become a serious road-safety issue, stronger penalties seem warranted.
If you or a dear one has suffered serious injuries as a result of careless or distracted driving, contact an experienced Brampton personal injury lawyer immediately. Ensure that you select a professional who has previous experience in handling similar cases. You may be entitled to compensation.
Distracted Driving
Driving a motor-vehicle requires 100% focus and concentration. Even a split second’s inattention or distraction can lead to a collision or accident. Ontario statistics for 2013 show that one person is injured in a distracted-driver collision every half an hour. Today, there are so many types and forms of distraction that it’s a huge challenge for drivers to stay focused on the road. Drivers using a phone are four times more likely to cause a crash than those who stay focused on the road.
Distracted driving includes:
Answering calls on the cellphone (Hands-free phones are equally distracting)
Texting, messaging, using Bluetooth
Using other electronic devices like laptops and tablets
Clicking pictures while driving
Reading
Reaching or leaning over to adjust temperature controls, music and entertainment systems
Focusing on GPS screen or glancing at a movie that someone else in the vehicle is watching
Grooming, applying make-up
Eating and drinking
Children and pets in the vehicle
Loud music
Chatting with co-passengers
Accidents caused by distracted drivers can result in serious injuries that can cause long-term or permanent disability or even death. Unfortunately, the driver who feels that it’s vitally important to answer that call or send a text message on the cellphone fails to realize that the effects of his/her careless act can result in a life-time of pain and suffering, physical and financial losses.
Proposed New Legislation
Fines, license suspension and imprisonment for careless driving that causes bodily harm or death
Higher penalties for distracted driving, especially cellphone use, including higher fines, demerit points and license suspension
Increased penalties for failing to yield to pedestrians
Escalating fines for multiple offenses
Use of cameras in school buses to capture illegal passing so that no witness is required to present such evidence in a court
Expanding the use of flashing blue lights mounted on the rear portion of emergency and enforcement vehicles
An experienced Brampton personal injury lawyer can ensure that your rights are protected if you’re injured in a motor-vehicle accident caused by a distracted driver. We can also conduct independent investigations to establish negligence and distraction, collate information, evidence and testimony from eye-witnesses and experts, access traffic and police reports, find available CCTV footage if available showing the accident and build a robust claim for compensation.
Car accidents can be disruptive, emotionally taxing and their effects can last for a long time after the actual event.
If you or a loved one has been seriously injured, the physical, financial and psychological impact can be devastating, especially when the accident was caused due to someone else’s fault or negligence.
Injured victims face weeks or months of hospitalization, years of continuous medical attention and rehabilitation. Meanwhile, their finances go into a tail-spin if they’re unable to work. Relationships and social life may completely break down. Depression, anxiety, alcohol/drug-dependence may result from being temporarily or permanently disabled.
Personal injury laws permit the injured person to seek compensation from those whose negligence, carelessness or intentional flouting of safety norms caused the accident. Additionally, Ontario residents are entitled to seek no-fault accident benefits from their own insurance company.
Handling with complex medical, legal and insurance issues can be challenging, especially when you’re seriously injured and immobilized. Dealing with insurance companies can be frustrating and time-consuming.
We often forget that they are for-profit organizations, focused on protecting their own business interests. Their claims-adjusters are highly-trained, educated and experienced people whose interest would obviously be that of their employer’s.
Delays, disputes, denial of claims and other tactics could test your patience. There may be technical reasons cited, your policy limits quoted, attempts to prove that you were partially responsible for your injuries etc.
Taking the case to trial would mean another lengthy and complicated process.
Keeping these in mind, when the at-fault party suggests that you settle the matter mutually between yourselves, is it a good idea or not?
Private Settlements
Many people consider the option of a private settlement between the two parties, on mutually agreed terms, without the involvement of lawyers or insurance companies.
Belleville personal injury lawyers are often asked by clients whether this is a good idea. Their main concern is that their insurance premium would go up if they informed their insurer about the collision.
However, there are certain inherent risks involved.
It’s your duty to inform your insurance company even if you don’t plan to make a claim.
You may have suffered “minor” injuries, but they could turn out to be more serious later
If the damage to your vehicle is minor and no one’s injured, you may be able to settle mutually without much risk.
If someone is injured, it’s important to inform the insurance company and the police.
If there were other passengers in the car, the risks are higher, because they have two to three years to file a personal injury claim
If there were any minor children in the car, they too have a long statute of limitations period within which they can file a claim
Agreeing to make or take cash payments privately leaves you vulnerable to more claims in future.
If the person was uninsured, didn’t have a valid driving license or was driving a borrowed car, there could be issues down the line.
In general, quick cash settlements carry their own risks. Contact an experienced Belleville personal injury lawyer to ensure that your rights are protected.
