Car accidents can result in a variety of injuries and damage. Most of us assume that insurance will cover our income loss, medical expenses and the pain and suffering endured as a result of our injuries.

However, as experienced Whitby personal injury lawyers know from experience, dealing with insurance companies, even your own, and their claims adjusters can be challenging.

Not all insurers act in good faith. Their primary focus is to safeguard their own business interests and to minimize their payouts as much as possible. To this end, they may employ various tactics to delay, dispute, dismiss or deny payments, cite technical reasons or enforce terms of contract that you may disagree with.

They employ a claims adjuster to independently investigate the circumstances of the accident. They  base their settlement on the report submitted by the claims adjuster.

It’s important to understand that achieving the settlement you deserve is through a process of negotiations, mediation, arbitration and even a court trial if required.

Initial Stages of The Claims Process

Though victims have a duty to cooperate with their insurance companies, they also have a right to have their lawyers present at any meetings. There is no obligation to sign anything without your lawyer’s advice.

Following an accident, claims adjusters of your own insurance company and/or those of the at-fault party/parties will schedule a meeting/interview with you. The aim of this meeting is to gather information, assess your credibility and to seek ways of minimizing settlement payouts.

Injured victims need to understand the economics of case settlements to comprehend how the process works.

Claims adjusters are those who review, study and investigate claims to determine the insurer’s liability. They’re usually highly trained and educated professionals, with long and deep experience in the field and well-honed negotiating skills. They conduct a thorough investigation and submit a report with recommendations on what the appropriate settlement (according to them) would be.

First Offers Are Generally Low

As with any negotiation, the starting point is always at base-level. Going to court is the final stage. With these two aspects in mind,  an experienced Whitby personal injury lawyer can help you put together a robust claim for the maximum possible settlement.

What you need to know:

• Know your policy thoroughly – coverage, limitations, insurance regulations in your province, etc
• Never settle until you know the full extent of your injuries/damages
• Claims adjusters will make several offers along the way
• You need to specify the exact settlement amount you want in your claim letter: This should cover present and future costs
• Be prepared for an extremely low-ball response which you’re not compelled to accept if it’s unreasonable
• Stay calm and ensure that you keep the dialogue channels open
• Inform the insurer that the low offer is unacceptable citing reasons
• Never get into verbal, written or email confrontations with claims adjusters or insurance company representatives
• Claims adjusters have full authority to make reasonable offers and if they tell you otherwise, it’s not necessarily true
• Let your personal injury lawyer handle matters in consultation with you

Whitby personal injury lawyers keep your interests uppermost and ensure that your rights are safeguarded.

The vacation or short-term rental platform has become a highly popular option for holiday-makers and business travelers all over the world. It is ideal for all profiles of travelers, whether they’re single travelers, families with children and pets, seniors, groups attending an event, conference or convention, business travelers or consultants dedicated to time-bound projects etc.  The short-term rental may consist of serviced apartments or condos, independent properties, or home-sharing options with a family with extra room to spare. “Short-term” is rented for not more than 28 days at a time, subject to extension.

Of late, the concept of the shared economy has revolutionized many sectors like housing, transportation, food etc and large multi-nationals like Airbnb have transformed the way people live away from home. Advances in communication-technology and networking have helped to make this a convenient and affordable option.

However, some things don’t change! Accidents can and do still happen everywhere and a short-term rental is not immune from hazards.

If you or a dear one has sustained injuries in a slip and fall accident that occurred in your short-term rental, ensure that you get immediate medical attention. Following this, it’s crucial to consult an experienced Toronto personal injury lawyer who has handled such cases before. You may be entitled to compensation.

Are Short-term Rentals Different From Hotels?

When we opt for short-term rentals, especially private homes, we seldom consider the legal aspects. Hotels and traditional hostelries like bed n breakfasts, inns, motels etc must have a license to operate and they’re governed by certain regulations. These include hygiene, safety etc. However, short-term rentals may by-pass these regulations including safety inspections.

Traditional accommodations have to carry commercial liability insurance, whereas hosts who offer their homes for short-term rentals have only the home-owner’s policy coverage.

Hence, occasional renting out of part or whole of a home to guests for a fee implies that the owners are running a business and their  insurance company must be kept informed of this activity.

Companies like Airbnb have grown exponentially. A study conducted by the Canadian Centre for Policy Alternatives reveals that such listings have increased by 288% since 2013 and the listings in Toronto are about 81% higher than cities like Vancouver. These accommodations are concentrated in certain areas of the city and there is speculation that big players are using the platform to circumvent the regulations governing commercial activity.

Injured In A Short-term Rental?

Slip and fall injuries can have a devastating physical, financial and emotional impact on the injured person and his/her family. They result in:

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

Under Ontario’s Occupier’s Liability Act, the property owner has a responsibility to ensure that premises under their control are kept reasonably safe for all visitors.

Wet, slippery, badly-maintained floors, missing hand-rails, broken tiles/floor-boards, puddles under the air-con, clutter, debris, loose carpeting, torn/unanchored mats, loose cables/wires etc can cause guests to lose their balance, fall and sustain serious injuries.

An experienced Toronto personal injury lawyer can provide the right advice and assistance to help you get the compensation you deserve.

Fitness is a goal that we all aspire to, regardless of our age, gender and general health. Most people have their own exercise regime that suits their life-style, available time, preferences etc and they try to keep to a fitness routine.

Joining a gym can be one way of ensuring that you get regular exercise at a fixed time. It also gives you a variety of routines that helps to work out different parts of the body. This is also a great way of ensuring that you don’t get bored. It’s crucial to consult your doctor before joining any exercise program. You will have to explain the kind of exercise regimen you plan to select and check whether this is in sync with your own health status.

However, gyms can also be places where you can hurt yourself unless proper care is taken. Slip and fall accidents are common-place if the gym is not properly maintained and care is not taken to ensure the safety of all visitors.

Visit a doctor immediately and contact a Sudbury personal injury lawyer as soon as possible. Accidents are caused because of someone’s fault or negligence. Injured victims and their families have to endure the devastating physical, financial and emotional consequences that follow such a mishap.

An experienced personal injury lawyer who has handled similar cases before can evaluate your case and advise you on claiming compensation from those whose responsibility it was to ensure that their premises were kept safe.

Check The Facilities Before Joining

Before you join a gym, keep a few safety tips in mind to avoid hurting yourself.

Apart from the usual considerations of location, hygiene, ownership, facilities, hours, equipment, cost, personalized trainer services, etc, it’s important to focus on safety.

• Get recommendations from trustworthy sources: family-members, friends, co-workers, your doctor, neighbors etc
• Determine your fitness goals: Do you want to lose weight, get fit, stay flexible, develop stamina or strength, etc?
• Short-list a few gyms based on your research
• Visit each one personally and do a walk-through tour
• While visiting, focus on equipment, amenities and common areas
• Check whether the equipment is well-maintained and clean
• Amenities and common areas should be fresh, clean, hygienic and safe
• Watch for signs of rot or rust in the equipment, floor, doors and windows, panels, ceiling etc: They can indicate structural risks
• Pay more attention to the wet areas like locker-rooms, sauna, pool, hot-tub, etc. These areas should be kept dry and there should be attendants on hand to keep the place neat and free of wetness, slipperiness, liquid-spills, clutter, debris, loose-cables/wires etc
• Ensure that areas that are being cleaned have enough signage to indicate “Wet Floor”
• Check that the entire gym is well-lit and the entrances and exits are safe
• Most gyms make you sign a “waiver of liability” contract. Ensure that you check with your lawyer before you sign.

As they say, an ounce of prevention is better than a pound of cure. However, if you’re injured in a slip and fall accident in the gym, contact an experienced Sudbury personal injury lawyer immediately.

Following a slip and fall accident on someone else’s property, caused by the premises owner’s fault or negligence, injured clients are confused when the at-fault party’s insurance-company sometimes offers an immediate settlement.

The at-fault party’s insurance-company may contact them or their family-members directly in the hospital or home at a time when they’re still trying to cope with the confusion, anxiety and pain of the accident.

The stress resulting from rising medical and rehabilitation costs and loss of income or wage-earning capacity due to injuries can have a severe impact on financial status. Hence, a call from a seemingly concerned, empathetic claims-adjuster may seem like a blessing.

However, it’s wise to consult an experienced Sault Ste. Marie personal injury lawyer who regularly handles slip and fall accident cases before communicating with at-fault parties, their insurers or legal representatives.

95% of personal injury claims are settled out-of-court, but this doesn’t mean that you are compelled to take the first offer you receive.

There are many injuries that cannot be fully evaluated immediately. The complete extent and seriousness of the injury and its impact on your life may be felt after a lapse of time. Hence, it’s important to get all the information before you think of settlement.

On the other hand, personal injury suits/claims have stringent limitation periods within which the process must be started. These time-limits vary according to whether the at-fault party is a private individual or public body/government/municipality. The circumstances of the case also have a bearing.

An experienced Sault Ste. Marie personal injury lawyer can deal with the complex medical, legal and insurance issues involved, ensure that the paperwork is filed correctly and within the prescribed deadlines and also ensure that your interests are kept uppermost throughout the procedure.

How Are Slip and Fall Injury Claims Valued? 

Each case is unique and hence, the individual factors and circumstances in it have to be analyzed and taken into account while evaluating how much a claim is worth.

Clients are always anxious to know:

• How long the process will take
• How much compensation they can expect

It’s not easy to give an exact figure, but there are broad guidelines that can be used to get a ball-park figure to work with. This depends on:

• The extent of injury/damages caused by the accident
• Whether a jury likely to find the at-fault party liable

The extent of injury/damage consists of several components. The financial aspect consists of medical and rehabilitation expenditure based on actuals. Future costs are also easy to predict if a detailed life-plan is worked out with the help of qualified authorized professional experts.

However there are intangibles like “pain and suffering” which are highly subjective. Injuries affect people in different ways, emotionally and psychologically. An active, busy, healthy, outdoorsy person, with a wide social circle can find sudden immobility/disability devastating.

Similarly, if the circumstances clearly show that the at-fault party’s fault or negligence caused the accident, a jury can easily pronounce liability.

Experienced Sault Ste. Marie personal injury lawyers can provide a swift, genuine and comprehensive assessment of your claim and advise you on the way forward.

Slip and fall accidents can happen in a split second, but they can leave a trail of destruction in their wake if the injuries sustained are serious.

These accidents can cause severe damage like traumatic brain injury, neck and spinal damage, compound fractures to the extremities, hip and pelvic fractures, disfigurement due to facial and dental injuries etc.

The severity of injury is determined by a number of factors that include:

• Age and general health
• Location
• Height from which the fall occurred
• Type of surface

Falling from an elevation obviously leads to more severe injuries and these can result in long term or permanent disability.

Injured persons and their families have to endure the physical, financial and emotional consequences of the accident. The victim may be unable to work for extended periods or may lose working  and earning capacity altogether. There are high medical and rehabilitation expenses to be met. The pain and suffering undergone by all those connected to the person can also take an emotional toll.

Accidents are rarely accidental. They’re usually caused by someone’s fault or negligence. Property owners have a duty to ensure that premises under their control are kept in a state of reasonable safety and any breach of this responsibility makes them liable to pay compensation to those injured as a result.

Consult an experienced Ottawa personal injury lawyer who handles similar cases as soon as possible. You may be entitled to compensation.

Depression and Disability

Studies have shown that disability generates negative feelings that could result in clinical depression. Apart from the emotional symptoms of feeling worthless, sad and without hope, depression has a physical component too – the person can suffer fatigue, loss of/increased appetite, digestive problems, sleep disorders, etc. They may also develop dependence on alcohol or drugs.

Disability suffered in adulthood or among the recently disabled creates negative feelings of self-worth, withdrawal from social and emotional connections, lack of interest in the environment around due to limited mobility and a feeling of being dependent on others. Such persons have clear memories of being able, capable and independent. They find it hard to accept their present limitations and condition.

Common feelings include:

• Inability to concentrate or make simple decisions
• Loss of purpose or goals in life
• Inability to think beyond the present condition
• Loss of self-worth and self-esteem
• Grief and rage at the cause of the accident
• Frustration with inability to work, move or continue normal life
• Decrease in quality of life
• Boredom due to lack of social interaction
• Pessimism and suicidal thoughts

Family, friends and those around the injured person need to watch out for tell-tale signs of depression and ensure that it is addressed immediately.

Psychological or psychiatric counseling and treatment may be required, based on the needs of the injured victim.

Such treatments can be expensive and lengthy. Victims need to be treated by a qualified and licensed professional. An experienced Ottawa personal injury lawyer can help you find the right professional to handle such issues and ensure that you receive the compensation you deserve.

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

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

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

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

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

When Claims Are Refused

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

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

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

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

In general, claims are denied because:

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

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

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

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

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

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

Slippery Baths and Wet Areas 

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

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

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

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

What Are Walk In Tubs?

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

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

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

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

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

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

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

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

The Role Of Doctors

Proving liability in slip and fall accidents is based on:

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

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

Hence, selecting the right doctor is of paramount importance.

How To Select The Right Physician

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

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

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

The right doctor:

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

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

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

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

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

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

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

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

Store Liability

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

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

• Wet, slippery floors

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

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

Safeguard Your Rights

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

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

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

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

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

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

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

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

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

No-Fault Insurance

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

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

Ontario is a no fault insurance province.

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

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

Fault Determination

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

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

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

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

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

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

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

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

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

Motor-Vehicle Accidents

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

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

The common reasons for collisions are:

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

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

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

How Does Speed Affect Safety?

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

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

Very high speeds result in:

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

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

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

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

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

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

The Changing Face Of The Legal Profession

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

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

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

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

What Is The Personal Injury Lawyer’s Role?

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

Experienced North Bay personal injury lawyers can:

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

Help you get the compensation you deserve

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

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

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

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

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

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

Settling With Insurance Companies 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shoulder Joint Facts

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

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

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

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

Treatment

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

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

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

One of the leading causes of hospitalizations in Canada is slip and fall related injuries. Slip and fall accidents can occur anywhere, at any time and to anyone. The variety of injuries can range from simple cuts, bruises, sprains, perhaps a broken tooth or a fractured arm to serious, life-altering, traumatic brain injury, paralysis, severe hip or skull fractures, dental and facial damage or even death. 

According to Ontario laws, property owners have a responsibility to take reasonable care that all those who visit the premises are kept reasonably safe. This means that anyone who has responsibility for and control over the condition of the premises and the activities that go on there, or has control over the persons allowed to enter the property has a duty to ensure safety.

Accidents are caused by someone’s fault, negligence or failure to follow safety norms. Injured victims can file a personal injury suit with the help of an experienced Durham personal injury lawyer, against the at-fault owner of the property and claim compensation for the losses/damage suffered by them as a result of the accident.

It’s important to get the right medical treatment without delay. In most cases, the injuries are obvious, with acute and instant symptoms of pain and damage. However in some cases, the symptoms are delayed and the problems may make themselves felt only after a time lapse. The cost of medical treatment and rehabilitation, possible loss of income/wages and the ongoing pain and suffering have to be borne by the injured person. The compensation amount is intended to compensate them for this loss.

Types of Treatment For Slip And Fall Injuries

The age and general health of the person, the location, type of fall etc can all affect the nature and extent of slip and fall accident related injuries.

Senior citizens and pregnant women are a high-risk population as such accidents can have a long-term effect.

The treatment provided depends on the above factors and can vary from simple topical applications and over the counter pain relievers to surgery, long-term rehabilitation and physiotherapy. Many injuries heal with prolonged periods of rest.

Chiropractic Treatment

According to studies conducted by Dr Mary Lynch formerly of the Canadian Pain Society, one in five Canadians suffers from chronic pain. Much of this is caused by accident related injuries which not only damage soft tissue, bones, nerves, ligaments etc but they may also aggravate pre-existing conditions, illnesses or old injuries. Hence, it’s important to get yourself medically evaluated if you ever sustain a slip and fall accident.

Chronic pain is best managed with non-invasive, long-term treatments. Chiropractic treatments focus on the diagnosis and treatment of neuromuscular disorders, emphasizing manual treatments, manipulations and adjustments of the spine. Chirpractic practitioners help to:

• Reduce and manage pain
• Increase mobility and functionality
• Educate and inform patients on pain concepts
• Use long-term approaches like exercise, ergonomics, yoga etc to manage pain

Since the treatments are non-surgical, drug-free and adopt a co-operative effort to provide relief for patients suffering from pain.

Contact an experienced Durham personal injury lawyer without delay for assistance with seeking compensation for slip and fall accident related injuries.