Brampton personal injury lawyers regularly deal with cases where people have been seriously injured in accidents. Be it an automobile accident or a slip and fall mishap, the consequences are often disastrous for not just the victim but also for the entire family.

Your Personal Injury Claim: Defining Emotional Distress

Accidents are most often caused by someone’s fault or negligence. The injured are entitled to seek compensation for the injuries, losses and damage suffered as a result.

If you or a dear one has been involved in an accident contact the nearest personal injury lawyer in Brampton without delay. You may be entitled to compensation.

The losses and damages can be classified as physical, financial and emotional. It is relatively easy to identify, categorize and quantify physical and financial losses. The actual injuries suffered by the victim are obvious in terms of wounds, cuts, lacerations, bleeding, burns, bruises, broken bones, damage to internal organs and structures, amputation, disability, disfigurement or even death. Financial losses can similarly be quantified in terms of the medical and rehabilitation expenditure, loss of earnings/wages, loss of earning-capacity, cost of home maintenance, care-giver/attendant fees, cost of modifications to home/work-place, need for purchasing mobility and prosthetic devices, etc.

However, emotional costs are not very easy to quantify. This is because they are entirely subjective and can only be evaluated based on the victim’s own reports, behavior and reactions.

An experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer can help you to assemble robust evidence to back your claim.

How Is Emotional Distress Defined?

The body experiences severe trauma and shock following an accident and this may continue for the duration of or long after the physical recovery process has been completed. It can be difficult to distinguish between immediate shock reaction/trauma and the serious, long-term emotional damage that can inhibit your ability to function normally, carry out your daily routine, go to work, carry on normal relationships and also affect your ability to take care of yourself.

Such long-term emotional distress can be measured and recognized through certain signs and behaviors or the victim’s own reporting of the experiences. They include:

• Anxiety, fears and phobias
• Panic attacks
• Sleep disturbances, insomnia, nightmares
• Bed-wetting in children
• Mood swings, altered temperament
• Loss of appetite
• Compulsive behaviors
• Cognitive and memory changes
• Lack of concentration and focus
• Depression, suicidal tendencies
• Frequent flashbacks to the traumatic incident
• Survivor guilt

Emotional distress can also consist of unexplained physical symtoms and psycho-somatic disorders, lowered immunity and eating disorders.

Presenting The Proof

While making the compensation claim, damages can be broadly classified under:

• Loss of wages/income
• Medical expenses
• Pain and suffering

The “pain and suffering” aspect deals with the physical and psychological experience of pain and emotional distress. Both these are subjective experiences and almost impossible to quantify and pin-point. However, every effort is made by our experienced 24×7 injury lawyers to ensure that all aspects of damages are presented in court or during settlement negotiations.

We work with a multi-disciplinary team of experts that includes doctors, psychiatrists, psychologists, social workers, health experts etc to evaluate the nature and extent of emotional distress and document its impact on your life and that of your family.

Brampton personal injury lawyers know from experience that when accidents happen and people are injured, this is a time of great physical, financial and emotional turmoil for the injured and their families.

Accidents, when thoroughly investigated, are generally found to have been caused by someone’s fault or neglect. In such cases, victims and their families are entitled to seek compensation from those responsible for the accident that caused such injuries.

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

Statute of Limitations

Whatever the nature of your accident, under Ontario laws, outer limits are set within which to initiate legal action counting from the date the accident took place.

The Ontario Limitations Act came into force in 2004. A claim is defined under this act as an action “to remedy an injury, loss or damage that occurred as a result of an act or an omission.”

It establishes a Basic Period of two years from the date of Discovery (which is usually the day on which the incident occurred) subject to certain exceptions, within which action needs to be brought against a defendant. This can also be interpreted as the day you came to know of the injury or should have known about it.

The limitation does not apply to minors or people whose physical, mental or psychological condition makes them unable to pursue a claim.

Failing to initiate action within the time limit could be detrimental to your claim, because this bars you from seeking insurance-based or civil-court based compensation. However, there are several exceptions and conditions that should also be examined when/if time limitations are not adhered to. If the victim dies from injuries, or the judge uses discretion to rule that there was no prejudice in not adhering to the rule, exceptions could be made.

The type of injury, its severity and cause, its impact on the lives of victims and families, the degree of negligence and evidence to prove it can all be contributing factors to whether the time limit can be adhered to or not.

Our 24×7 injury lawyers can provide a swift, genuine and comprehensive evaluation of your case and advise you on filing a claim without delay. In many cases, there is also a time-frame for notifying the at-fault party on intent to sue. This may not affect the outcome of your case, since in many instances, the injuries are so severe that the claimant is not in a position to pursue such matters. In some cases, the nature and extent of injuries may not become apparent immediately, and hence a proper claim can be made only when this is known. There are different, more stringent time-frames when municipalities or the Crown are involved.

The limitation laws are quite complex and those unfamiliar with the statutes and regulations can find it difficult to understand and implement. It’s important to consult legal opinion without delay. Our experienced car accident lawyers and slip and fall injury lawyers regularly deal with cases where the limitation laws are enforced, hence we can provide the right information and assistance.

Brampton personal injury lawyers understand the far-reaching impact that accidents can have. Whether it’s a car accident or a slip and fall accident, the injuries suffered can cause huge consequences.

In case there are serious injuries, medical and rehabilitation expenses spiral out of control and recovery may take a very long time, during which the victim is unable to work or earn any income. Family and household expenses also mount, leading to financial instability and crisis. The injured person may require additional care, continuous visits to doctors and hospitals and may also need special assistive devices, prosthetics, mobility devices etc.

Physical and Emotional Pain

In addition to these, the pain and suffering undergone by victims is enormous. Serious injuries require extensive medical and surgical intervention and therapies. The victim has to endure intense physical pain as a result of the injuries and the treatments.

Victims also suffer huge emotional damage, experience a host of negative emotions like fear and anxiety, and/or they may suffer from panic attacks and experience phobias and post-traumatic stress. Sleep disturbances and depression are common. Survivor guilt and self-blame are common in instances where others have been killed or left disabled after the accident.

Relationships can suffer a breakdown, behavioral and cognitive problems may occur. The victim may develop addictions to alcohol or drugs, experience emotional outbursts of rage and grief. They may become socially and emotionally withdrawn.

How Pain And Suffering Are Calculated Under Law

Termed non-pecuniary damages, these injuries are not easy to quantify in dollar terms. However, the courts have interpreted them in three important Supreme Court of Canada rulings (known as The Trilogy) and have established a cap for awards in such claims.

The factors that determine such damages include:

• Age of victim
• Number of years of working life that were lost due to injuries
• Potential for recovery based on age and health status
• Nature and severity of injury
• Occurrence of disability due to injuries
• Loss or impairment of life
• Impact on lifestyle

Besides pain and suffering damages, there may be other categories of non-pecuniary damages that you may be eligible for. An experienced and knowledgeable Brampton car accident lawyer or Brampton slip and fall injury lawyer can provide more information on this. These damages, based on the circumstances of your case, could be:

• Loss of enjoyment of life due to disability, injuries or psychological conditions following the accident
• Wrongful death claim for loss of companionship of a loved one. This claim can be made by the survivors of a person killed in the accident
• Emotional impact and mental anguish
• Lowered quality of life as a result of injuries sustained in the accident

Several studies have indicated judicial trends and thinking in landmark cases in Ontario. Claims for damages for pain and suffering are assessed on subjective criteria regarding how much of an impact the injuries have on the person’s life. Awards are also based on credibility of the plaintiff and on the strength of the evidence provided.

Contact the nearest personal injury lawyer in Brampton without delay for more information and assistance.

Brampton personal injury lawyers deal with cases where people have been seriously injured in automobile accidents.

In the chaos, fear, anxiety and pain that follows such a mishap, it’s almost impossible for all those involved to keep their wits about them and avoid confusion and bewilderment. In the case of serious injuries, the victim is in great pain, sometimes unconscious and very little control of the happenings around them.

Unfortunately, this is also the time that’s of crucial importance when evidence is examined in a personal injury suit or filing a compensation claim.

Few of us know the importance of preserving medical records and fail to realize that it’s in our own best interests to maintain them safely.

Accidents are rarely “accidental.” They are most often caused by someone else’s fault or negligence and impose enormous physical, financial and emotional burdens on not just the victim but sometimes on the entire family.

Under Ontario laws, motor-vehicle accident victims are entitled to Statutory Benefits, regardless of fault, based on fulfillment of eligibility criteria. They’re also entitled to file a personal injury suit against the negligent, at-fault party, claiming compensation for, among other things:

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

Achieving a successful outcome depends on providing proof of negligence, the extent and nature of injuries and their impact on the life of the victims and their families.

What Constitutes Medical Records

Medical records are maintained by physicians to document and  track the patient’s history, identify the issues, record the treatment/therapy given and track the progress of treatment. They are valuable records that indicate quality, continuity, assessment and evidence of care. They should be maintained in an organized manner, chronologically, legibly and systematically.

Apart from the doctor’s records, all receipts/bills for hospitalization, medications and transportation should be preserved.

Why Medical Records Are Important 

When accidents occur, it’s recommended that medical attention is immediately sought. Though you may feel that you’ve escaped unscathed or that your injuries are too minor to warrant a doctor’s visit, it’s a good idea to consult a doctor/family-physician immediately.

Some injuries may appear minimal initially, but could turn out to be more serious if left untreated, requiring intensive/expensive/long-drawn-out treatment later. In some cases, your insurer may dispute your claims and  refuse to fund the treatment. Well-organized, accurate and complete medical records can provide the basis for a robust claim. These records are confidential and your privacy needs to be protected by all those who access them.

Complete medical records also provide a detailed history of the tests, investigations, findings/diagnosis, therapy/treatment, medications, progress of treatment, rehabilitation suggestions etc.

• Claims-adjusters require medical records to examine the validity of your claim. In some cases, they may even ask for an independent medical examination or a second opinion.
• The defendant’s lawyers also require your medical records to verify your injuries/illnesses and their impact on your life etc.
• The courts also need medical records to determine the compensation amount, based on the nature/severity of your injuries.Preserve Your Medical Records Carefully: They Could Make All The Difference!

An experienced car accident lawyer can help you access your medical records to support your compensation claim.

Brampton personal injury lawyers regularly deal with cases where people are injured in slip and fall or trip and fall accidents. While such accidents may not have as serious an impact on younger people, they can prove extremely detrimental to the health of seniors.

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

The WHO defines falls as events which result in a person coming to rest inadvertently on the floor, ground or floor-level. Falls are considered to be a major public health problem and nearly 38 million of them are severe enough to require medical attention annually.

Falls Are Avoidable

Public Health Agency of Canada figures reveal that 20-30% of seniors sustain falls and these are the cause of 85% of hospitalizations among them. Although nearly 50% of such falls take place in homes, seniors who venture outdoors are at risk too. Falls can take place on sidewalks, in supermarkets/malls, parking-lots, parks, etc.

Poor visibility/lighting, snow/ice/rain, ill-fitting footwear, badly-maintained premises, broken pavements/stairs/steps, floors not designed for older people, missing hand-rails, liquid spills, uneven floors, unanchored/worn/frayed carpets and rugs, clutter, loose cables, gravel, grease etc are some of the hazards that cause falls. It’s important to stay safe, alert and in command of your faculties while walking.

Unfortunately, most of these accidents are preventable. Premises owners of residences, commercial properties, parking lots etc whether privately or publicly owned, have a responsibility to keep their properties in a reasonably good state of repair so that they’re not dangerous to all legitimate visitors.

Impact of Falls

Falls can cause fractures, impact/crush injuries, traumatic brain injuries, neck/spinal damage, shock-related impact, uncontrolled bleeding in those who take blood-thinners, etc.

Hip-fractures occur most commonly in seniors, causing a huge impact on self-confidence, health and mobility in older people. They affect socialization and make the victim more dependent on a caregiver. Seniors’ ability to recover and time taken is dramatically increased due to their age and health status and surgical intervention may not be advised. Recovery can be slow and painful.

According to one report “…. studies have identified falls and fall-related injuries as a strong predictor of admission to a long-term care (LTC) home.”  There are other studies that show that seniors who have been seriously injured in falls could die within one year and such falls are the most common cause of traumatic brain injury in seniors. They also develop phobias, fears and anxieties about venturing out again, and this in turn leads to other physical and emotional problems.

Once bedridden, they’re vulnerable to developing pressure-sores and muscle atrophy. If they already have diabetes or other chronic issues, their situation can worsen rapidly.

Hence, seniors who slip and fall develop serious issues that require continuous and expensive medical treatment, therapies and care. Large medical bills, dedicated care, inconvenience to other family members, cognitive and behavioral changes etc are some of the other resultant problems.

An experienced Brampton slip and fall injury lawyer can advise and assist you in such a situation.

Brampton personal injury lawyers know from experience that people are apprehensive about getting involved in the legal process. There are many assumptions about the law, law-enforcers, the legal profession etc which make people wary about initiating such a procedure. Most of this information comes from media, literature and fiction. Obviously, such portrayals would focus on the most sensational and unusual cases and may not reflect real life.

Personal injury claims are made to claim compensation for damages and injuries that have been done to a victim as a result of someone else’s fault or negligence. Settlement payouts are made by the at-fault party’s insurance company, or the plaintiff’s own insurers in some cases. The complainant or plaintiff has to provide evidence and proof of the nature and extent of injuries, their impact and the physical, financial and emotional consequences of these injuries. The at-fault party’s insurers may or may not dispute your claims. Settlement can be achieved through negotiation or through a court process.

Contact the nearest personal injury lawyer in Brampton for advice, assistance and advocacy if you or your dear ones are injured in an accident. You could be entitled to compensation.

Busting Some Myths

1. Personal injury suits are beyond my financial capability: Lawsuits can be expensive but most Ontario personal injury lawyers take up cases on a contingency-fee basis. This means no legal services fees are charged upfront and you pay only if you win.
2. Lawyers can tell me exactly what I could get: It’s impossible to predict what the settlement can be, since each case is unique. However, experienced car accident lawyers and slip and fall injury lawyers can provide a very broad-based, general idea based on the facts initially provided to them.
3. Similar cases equals same settlement: There are many factors that influence the amount of settlement. The injuries affect people in different ways and have a different impact in each case.
4. I’m reluctant to go to court: Statistics prove that nearly 95% of personal injury claims are settled out-of-court. Trial outcomes can be unpredictable and risk-laden. Hence, every effort is made by personal injury lawyers and insurance-companies to settle matters outside the court process.
5. I can sue any time: Clients must be careful about this, because claims are subject to statute-of-limitations time-frames to file suits. Two years is the general rule, but in some cases, time-frames are shorter. Overshooting the time-limit may bar you from making a claim. There’s only one chance.
6. My insurer will take care of things: Insurance-companies are for-profit organizations with a focus on their business bottom-lines. They may use a variety of tactics to dilute, dismiss or deny your claim. There are several complex medical, legal and insurance issues involved that are difficult for lay-persons to deal with. An experienced personal injury lawyer approaches the case from your perspective, protects your rights and interests.

In general, typical claims take about 2-4 years to settle. Meanwhile, we can extend all help to ensure that interests are protected while you recover your health to the maximum.

Apprehensive About Approaching A Personal Injury Lawyer? Some Questions Answered

Brampton personal injury lawyers regularly deal with cases where people have been injured in motor-vehicle accidents or slip and fall accidents.

Such accidents can leave a trail of destruction in their wake, imposing enormous physical, financial and emotional consequences on victims and their families.

Unfortunately, when a thorough investigation is conducted into such apparent “accidents” it’s revealed that they could have been prevented. Mishaps usually occur due to someone’s fault or negligence. Victims and their families are entitled to seek compensation and their claims will be accepted based on the proof, nature and severity negligence, extent of injuries, the impact on their lives and their eligibility.

There are two methods of achieving compensation: statutory benefits provided under government/federal regulations/highway act etc (benefits are paid out by your own insurance-company) and by filing a personal injury suit against the at-fault party (at-fault party’s insurer who makes the settlement). 

Out of Court Settlement

Studies show that almost 95% of personal injury claims are settled out-of-court, although the trial option is available at all times. Only about 2% of suits actually go through to trial and there could be compelling reasons for this. Once the intent to sue is conveyed to the at-fault party, they may offer a settlement.

Settlement can happen before, during and after the suit is filed, before the trial starts, via a step-by-step process. In many cases, settlement is possible during and after trial too. Settlements are achieved through negotiations conducted among all parties involved and their legal representatives. Mediation process is also available, conducted usually by a retired lawyer/judge.

There is no need to settle or give an opinion at these conferences. However, once a settlement is reached or a verdict is pronounced at trial, it becomes final. When you settle with the insurers, you actually waive your rights to pursue any further compensation.

Pros and Cons of Settling

The difficulty in proving the expenditure, proof of injury, impact of the injury etc, related to the case, the length of the process and the financial status of the claimant are important factors that compel out-of-court settlements.

Regarding the plus points of settling, time and speed are the most important reasons to settle out-of-court. You and your family can “get on with your life.” Settlement of medical bills, repairs to property, financial security for the family in case you’re unable to work are compelling reasons.

Trials can be long-drawn-out and expensive while verdicts can be unpredictable and risky. Court and filing fees, fees for experts/witnesses, etc can be very high.

Emotionally, it could take a toll on you/your family. Settlement gives closure and security.

On the flip side, many people truly want “their day in court,” especially when there are ethical/emotional issues involved. The amount of compensation offered in settlement may be meager. In many cases, the offer of settlement could indicate that the defense case is weak, hence it may be worthwhile to take the case to trial. In some cases, judges award huge punitive damages which you can’t get if you settle out-of-court.

Finally, an experienced, ethical, reputed and knowledgeable 24×7 accident injury lawyer can provide the best advice, assistance and advocacy.

Social media has become a part and parcel of our lives today. It has acquired the status of an inevitable presence at not just important events, but also in our daily lives. A recent study entitled “Litigation in the Facebook Age: Creative Discovery Through Cutting-Edge Internet Research On Parties and Witnesses” explores the increasing role of social media in litigation.

Statistics reveal that there were 18.2 million Facebook users in Canada in 2016 and those numbers are projected to scale up to 19.6 in 2020. More than half the users are women and 84% of young Canadians use it regularly. Microblogging site Twitter had a 37% penetration in Canada and these figures are set to grow.

Contrary to popular assumptions, social media usage is not restricted to young people. Parents and grandparents use these social media extensively, most often to connect with friends and family all over the world.

As experienced car accident lawyers and slip and fall injury lawyers, we keep abreast of social media trends and are aware of their impact on personal injury litigation.

Effect On Your Personal Injury Claim

It’s important to understand that it’s not just your friends and family who have access to social media. Today, when you apply for a job or plan to go on a date it’s possible that information you provided is cross-checked with what you have put out there on a social media site. Relationships, interests, qualifications, education, employment, events, friends, political affiliations, attitudes, behavior, networks and activities are all available in the form of posts, comments, photographs etc.

Social media sites provide a rich mine of information that could go back years. Courts are increasingly allowing such information to be produced as evidence in ongoing trials.

A recent case was reported of a young British Columbia woman who had been injured in an accident. She claimed that her life had changed and that she was depressed and socially cut off from her previous routines. However, her claim was rejected by the BC Supreme Court. Pages from her Facebook account were produced to counter her claim. They showed her in a variety of social settings with friends/family, apparently leading a happy and healthy social life, which were “completely inconsistent” with her claim of suffering from psychological trauma.

Pictures on Instagram or Facebook that are inconsistent with your claim can damage your case. Since social media posts are date-stamped, this enables the defendants to establish where and when these events took place, providing further damaging evidence. Evidence from such posts can contradict your claims of physical injury, loss of income/earning-capacity, pain and suffering, cognitive impairment, loss of enjoyment of life, etc.

Defendants, their lawyers and insurers use every available means to gather information. Simple, innocent remarks like “Mowed lawn today” can destroy your claim of having a back injury, though in fact you may have only watched your kids doing it!

Google searches can provide information about financial status, the kind of home you live in, employment and salary, business, travel, shopping, relationships, schools/colleges attended, health status etc.

Our experienced Brampton personal injury lawyers advise clients to avoid social media through the duration of their claim.

According to statistics provided in the 2016 Ontario Road Safety Report more than 68,000 vehicles were involved in fatal and personal injury collisions. Of these, 439 were fatal collisions, resulting in the death of driver/passengers while the remaining accidents caused injuries. An estimated 3.45 people per 100,000 population die in such accidents.

As experienced Brampton personal injury lawyers, we regularly deal with situations where people have been injured or killed in such accidents. Unfortunately, these events affect not just the victim but often have a serious physical, financial and emotional impact on the family members as well.

It’s a fact that most accidents are avoidable and preventable. They’re usually caused by someone’s fault or negligence and the injured are entitled to seek compensation from those whose fault or negligence caused the accident.

If you or a dear one has been injured in a motor-vehicle accident, contact the nearest personal injury lawyer in Brampton without delay. We provide a swift, genuine and comprehensive assessment of your case and offer assistance and advice on the way forward.

Safe Driving Tips

As a responsible road-user, it’s important to practice safe driving so that you reduce the risks to yourself and others who share the road. Certain events may be beyond our control, but staying alert and vigilant can certainly minimize the impact of a collision.

• Know and follow the road and safety rules thoroughly
• Keep your vehicle in top condition, according to the season and weather
• Even the shortest trip in your vehicle can result in an accident – staying vigilant is crucial
• Stay focused on driving 100%
• Ensure that your friends respect your personal rules about horsing around or fighting etc inside the car etc
• Avoid use of cellphone or other electronic devices, for calls, texting or messaging
• Avoid listening to loud and distracting music or the radio
• Stay within the speed limits
• If you’re on unfamiliar territory, slow down
• Practice defensive driving and expect the unexpected
• Be prepared for erratic behavior on crowded roads
• Keep a comfortable cushion between yourself and the car in front
• If the weather is bad, try to avoid driving
• Plan ahead for long trips
• Schedule your breaks and rest, refresh yourself so that you’re not stressed
• If your vehicle is loaded with a lot of luggage, ensure that it’s secured well
• If something falls to the floor of the car while driving, leave it and don’t attempt to retrieve it
• Avoid reaching over to adjust radio or music system controls, mirrors, etc
• Keep essentials within reach: sunglasses, toll-tickets, garage-passes etc
• Follow safety rules and stay calm
• Don’t be tempted to race other drivers or get agitated when they pass you
• Road rage is a big killer, avoid getting upset with other drivers
• Children should be taught to behave properly in the car
• Avoid driving when tired or if you’ve had drinks or are on medication
• Keep your cellphone fully charged always

In Case of a Mishap

Stay calm, don’t confront the at-fault party, get their contact details. Ensure that you get immediate medical attention, report the accident and get in touch with a 24×7 injury lawyer.

Brampton personal injury lawyers frequently deal with cases where people have been injured in a slip and fall or trip and fall accident. These injuries can range from broken bones, lacerations and impact injuries, to serious spinal and neck damage, traumatic brain injuries, internal organ damage etc.

Though winter’s a long way off still, it’s important to be aware that most of these accidents can be prevented. They’re usually a result of someone’s fault or negligence and those who have been injured and their families often have to bear enormous physical, financial and emotional consequences.

Contact the nearest personal injury lawyer in Brampton if your or a dear one has suffered injuries in a slip and fall accident. You may be entitled to compensation.

Tips on Staying Safe

Although the premises or property owner is responsible for ensuring that their property is kept in a reasonably safe state and doesn’t pose a risk to all those who legitimately visit.

However, as a visitor or pedestrian, there are some precautions that you can take too.

• Winter means ice, snow, slush, slippery pavements, damaged woodwork and floors, poor visibility and lighting.
• Check the weather report before venturing out
• Senior citizens, pregnant women and very young children are at a higher risk
• Proper winter or rainy-weather footwear is essential
• Walk slower and more carefully
• Stay alert, don’t use your cellphone or listen to music while walking
• Pay attention to the condition of the surface
• Dress appropriately so that you’re warm, dry and comfortable while walking
• Ensure that you maintain your own yard, entrances and pavements in front of your home in good condition

What To Do If You Do Have An Accident

If for some unfortunate reason you happen to sustain a slip and fall accident, keep calm and centered. Unless you’re seriously injured, unconscious or totally immobile, there are certain steps you can take to ensure that your rights and interests are protected when you make a claim for compensation.

• Make a note of the exact time, date and location of your accident
• If possible, take photos on your cellphone of the location, with important landmarks
• Get some clear pictures of the exact reason for your fall – ice, snow, slush, debris, poor lighting, broken tiles, lack of hand-rail, broken stairs, etc
• Look around for possible CCTV cameras and get information on how to get footage from them
• Talk to witnesses if any and get their contact details
• Report the accident to someone in authority on the premises and ensure that it’s documented
• Visit your family doctor immediately, no matter how minor you consider your injuries to be
• Contact an experienced personal injury lawyer without delay
• Keep all receipts, bills, test-reports carefully
• Maintain an injury journal
• Avoid talking to any outsiders other than your doctor or legal advisors
• Avoid posting on social media
• Follow all medical advice strictly

Our 24×7 injury lawyers can conduct independent investigations into the mishap but there are some aspects that can help to make your claim more credible and robust.

Brampton personal injury lawyers often deal with cases where clients or their family members are seriously injured in an accident.

These victims may suffer from permanent or long term disability which prevents them from being mobile, able to work or enjoy life as they used to. They may also need ongoing medical treatment and rehabilitation and a dedicated care-giver. Many of them and their families have to bear huge financial, physical and emotional burdens that have a life-changing impact.

Studies show that most accidents are preventable and avoidable. They’re most often caused by someone’s fault or negligence. Injured victims are entitled to seek compensation from those responsible for the accident.

If you or a dear one has suffered long term disability as a result of an accident caused by another’s fault/negligence, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

Defining Long Term Disability (LTD)

LTD arises from catastrophic injuries or illness. These include:

• Traumatic Brain Injury
• Spinal Cord Damage
• Amputation

Brain injuries that result in scoring a score under 9 on the Glasgow Coma Scale are considered catastrophic.

The definition of LTD differs from insurance policy to policy. Each insurer may define and describe the term differently according to varying parameters and provide different benefits based on their own definition. Since these policies are not standardized, it could be difficult to advise clients about their rights and entitlements without thoroughly going through their insurance policies.

In general, LTD refers to a person being considered disabled as a result of illness or injury, rendering them unable to perform significant duties at work or unable to perform any occupation that you are qualified for based on your education and work experience.

LTD Benefits

LTD benefits are designed to provide income replacement when the injured person has been deprived of his/her income-earning capacity. These benefits may be bundled along with short-term disability benefits provided by employers or your private life/accident/sickness policy may have LTD coverage. In some policies, replacement income benefit is available till the age of 65, it may be taxable or non-taxable.

Canada Pension Plan (Disability) is also available if you are eligible to apply for it.

Other benefits like the disability tax credit, worker’s compensation benefits, veterans’ affairs Canada disability benefits, Provincial disability benefits, income support programs etc are available, based on your eligibility and the nature of your injuries and disability.

Claiming LTD Benefits

• Apply as early as possible, since there are statute of limitations restrictions
• Get help with the paperwork
• Your family physician’s co-operation is essential since they have to complete the application
• Describe your condition succinctly, clearly and consistently
• Your medical records should be complete
• Provide documentation about all the specialists you have consulted
• Know your policy details and have patience, don’t risk non-compliance with the policy
• Be careful while conversing with claims-adjusters
• Avoid social media posting on your condition

An experienced Serious Injury Lawyer can advise and assist you. It’s important to get your claim approved as swiftly as possible so that your life and that of your family becomes a little easier.

Brampton personal injury lawyers regularly deal with clients who have undergone some of the most traumatic experiences in life, following injuries and accidents. People are at their most vulnerable at such moments, and require the maximum support, proper medical attention, sincere advice and a genuine appraisal of their situation.

Accidents are rarely “accidental” and most of them are caused by someone’s fault or negligence. In the chaos and confusion that follow such mishaps, there is no opportunity to analyze the situation objectively, though this can be done later. Injuries sustained in motor-vehicle or slip and fall accidents result in enormous physical, financial and emotional consequences, not just for the injured victim but often for the entire family.

If you or a dear one has been injured in an accident, contact the nearest personal injury lawyer in Brampton without delay. You may be entitled to compensation. 

Emotions and Reactions 

The appearance or experience of emotions following a super-stressful situation like an accident are based on many factors. The extent and nature of injury, how the accident happened, who was injured, personality, age of the client, etc. As experienced 24×7 injury lawyers, we observe a variety of emotions. Some people react immediately, while others experience the emotions as a delayed response. Typical emotions include:

• Post-traumatic shock and stress
• Denial, blocking out
• Agitation, anxiety
• Anger, irritability
• Survivor guilt, self-blame
• Worry, fear, panic attacks

These emotions can cause a range of physical and mental/behavioral  symptoms as well, include sleep disturbances, depression, suicidal tendencies, social withdrawal, concentration problems, low energy etc.

Claiming Compensation

In the aftermath of an accident, redress available to victims is only in the form of monetary compensation. The judiciary cannot obviously rule that the at-fault party should experience similar pain and hardship. Hence, the main objective in filing a personal injury claim is to receive the available restitution which could make life a little easier for the victim and family.

Practical Aspects

• Few personal injury cases make it to trial, majority of them are settled out-of-court.

• Toronto personal injury lawyers strive to make clients understand that in most cases, there’s nothing personal against the at-fault party, even if it’s a relative or friend. It’s the insurance-company that makes the settlement pay-out.

• Large insurers are corporations with a presence on world stock-exchanges. Earning profits is their goal, like any other business. Their business-model is built on having to pay in a certain number of cases, while other clients may never make a claim.

• The insurer’s brief is to dispute a claim and ensure that the minimum pay-out is made. They may indulge in manipulative, aggressive or persuasive tactics to enforce their point of view. Hence, making unguarded/inadvertent statements, giving permissions, signing waivers/admissions without legal advice is risky.

• For most clients this is the first experience of a disaster, while it’s not so for experienced personal injury lawyers or insurance-companies.

• Clients have insufficient information on the complex medical, legal and insurance aspects involved. They’re not familiar with court-rulings, changes in regulations/amendments to laws etc.

They should remain calm, in control, to focus on recovering their health and avoid posting on social media until a satisfactory outcome has been achieved.

Brampton personal injury lawyers emphasize the importance of reviewing one’s auto insurance benefits regularly from time to time. Auto insurance benefits have undergone significant changes that have come into effect from 1 June 2016 and unless there is more awareness in the general public about them, it could give rise to difficult situations when mishaps occur. Unfortunately, catastrophic injuries are often life-threatening and always life-altering. They lead to enormous physical, financial and emotional consequences for the victim and their family.

The changes in insurance policy are intended to provide a wider choice regarding coverage and price. The most significant aspect of these changes is focused on medical and rehabilitation policies and coverage for these.

However, not all in the legal community have regarded these changes as entirely beneficial to victims who have been seriously or catastrophically injured in automobile accidents.

If a dear one has been catastrophically injured in a motor-vehicle accident, an eligible and close relative must contact the nearest personal injury lawyer in Brampton immediately. We can assist and advise you through the entire process of seeking compensation.

Changes In Policy

Policies renewed or purchased on or after 1 June 2016 are different from the earlier ones in terms of:

• More choice in price and coverage
• Changes in Statutory Accident Benefits available regardless of fault
• Maximum payable for some benefits reduced
• Some options for increased coverage eliminated/changed

Where catastrophic injuries (brain trauma, amputation, loss of vision, mental impairment) occur, the earlier benefit of $1 million for medical/rehabilitation benefits and the $1 million for care-giver/attendant have been reduced to a combined $1 million for both. This means the limit has now been slashed to half the earlier one.

In the case of non-catastrophic injuries, the earlier limit of $500,000 for medical/rehabilitation and $36,000 for attendant/care-giver has been reduced to a combined limit of $65,000 for both categories together.

Changes have also been made to the definition of “catastrophic injury”  and this is slated to reduce the number of injuries that can be so classified. Consequently, the number of victims who qualify for such benefits will be proportionately reduced.

Attendant care/Medical/Rehabilitation coverage duration has been reduced from the earlier 10 years to a new limit of 5 years.

Duration of benefits for non-working victims has also been reduced. Previously, non-earner benefits were available starting six months following the date of the accident and continued for life. The new changes mandate that such benefits will be available only if the victim is unable to lead a normal life. The benefits will now be set at $185 per week for a maximum of two years.

Though premium rates may go down as a result of these changes,concurrently, the benefits are also slated to be significantly reduced.

If you’ve renewed your existing policy before 1 June 2016, these changes will affect you the next time your policy comes up for renewal. Consumers are being advised to educate and inform themselves.

Get in touch with our experienced Brampton car accident lawyers if you find yourself in such a situation.

Brampton personal injury lawyers often deal with situations where pedestrians, cyclists, motor-cyclists, car drivers and passengers are involved in accidents. Most of these accidents can be traced to someone’s fault or negligence and could easily have been avoided or prevented.

Accidents give rise to a range of injuries. They may range from minor cuts, lacerations, bruises and burns to serious, life-threatening injuries, amputation, paralysis, traumatic brain injury, spinal or neck damage, serious fractures, internal organ damage, disfigurement, etc. The effects of some injuries could last a life-time and their impact is felt not just by the victim but usually by the entire family.

• Loss of income, wages or earning capacity
• High medical and rehabilitation expenditure
• Pain and suffering
• Loss of life, enjoyment, guidance and care
• Funeral expenses in case of death

If you or a dear one has been injured in a motor-vehicle accident, contact the nearest personal injury lawyer in Brampton without delay. You may be entitled to compensation.

Safe Night Driving

Night driving can be extremely stressful and risky, especially in poor weather conditions, with poor visibility, on unfamiliar terrain, both on congested and on lonely roads.

• Ensure that your lights, including brake lights and fog lights, and your wipers are always in top condition
• Slow down so that you don’t misjudge by over-driving your headlights
• Cut down glare from on-coming traffic by looking slightly above and beyond dazzling headlights
• Switch to low-beam on country roads
• Check weather forecast and avoid driving in bad weather
• Driving in fog should be avoided
• Watch your speed and leave safe braking distance from the vehicle in front
• Don’t stop on the road if driving is difficult, travel slowly to a parking area and wait
• Stay calm and focused
• Avoid distractions like cellphone use or texting
• Stop when you want to check your GPS

Safety Tips for Driving in Rain

Weather conditions in Ontario seem set to see large-scale flooding in many areas. Near-record spring rains have seen floodwaters rising in many low-lying districts. Shoreline residents and road users may find driving and commuting difficult.

Rains could lead to slipperiness of the roads and also misjudgments. Water-logging may cause road damage, tree falls, etc. Staying safe on rainy roads includes:

• Ensure that your vehicle is rain ready: Check the tires, wipers, lights, fuel etc regularly
• Drive slowly
• Careful about hydroplaning: This occurs when tires get more traction on wet roads and cause the vehicle to slide out of control. Traveling at a slow and consistent speed in wet weather helps eliminate the risk.
• Don’t drive into or across puddles
• Avoid using cruise control
• Keep your headlights on
• Adjust your driving habits to the altered conditions
• If you’re anxious about driving in the rain, take public transport
• Drive on the clear sections of road
• Plan your moves and don’t accelerate or slow down abruptly
• Steer, brake and speed up smoothly
• Avoid flooded roads. Check your news feed for information before venturing out in the rains
• Ensure that you’re familiar with the anti-lock braking system if your car has one

If an accident occurs, get emergency medical help, inform the traffic authorities and contact a 24×7 accident injury lawyer immediately.

Brampton personal injury lawyers frequently deal with car accident claims, where people have been injured in motor-vehicle accidents. Most of us assume that “accidents are accidents” whereas in fact, most of them are caused by someone’s fault or negligence.

Unfortunately, motor-vehicle accidents result in a variety of injuries, ranging from minor ones that require just one or two visits to the ER, to life-threatening and life-altering injuries that lead to enormous physical, financial and emotional consequences. The impact of these injuries are felt not just by the injured victim, but often by the entire family. Contact the nearest personal injury lawyer in Brampton for advice and assistance.

High traffic density and increased commuter traffic at peak hours can lead to delays, frustration, road rage and risky behavior by drivers. Accidents may involve not just one vehicle and multi-vehicle collisions are one of the features that traffic authorities are concerned about on heavily-congested roads.

Several strategies are being studied to deal with bottle-necks and traffic jams on certain expressways and highways. One of these is the “zipper merge” which has generated heated discussions across Canada.

What Is The Zipper Merge?

When there’s heavy traffic on one lane and the adjoining lane is closed due to some obstruction, some drivers at the far back may race ahead on the empty lane and then attempt to rejoin the top of the lane they’d left earlier. The zipper merge works because drivers delay their merge until their lane has ended and at the exact point of the bottle-neck, drivers from both lanes take turns at entering the  exit, how a zipper closes. This kind of merge is something that most Canadians are taught never to do!

Drivers who follow the zipper merge method race towards the head of the bottle-neck and force their way into the open lane at the last minute and most Canadian drivers regard them as not following proper road etiquette. It could also lead to feelings of anger and rage among other drivers who are backed up in the heavily congested lane.

Benefits of Zipper Merging

However, several organizations like the Alberta Motor Association are now recommending this maneuver and feel that this technique can actually ease traffic congestion.

When followed correctly, with due courtesy from all drivers, the zipper merge is extremely effective. It’s useful especially in situations where multiple lanes merge into one or two. Approaching a bridge or ramp are other areas where the zipper could work well. Construction zones, road-works, accidents on the highway, etc are excellent spots where zipper merging can be used. “It’s OK to ‘cheat’” opined the Alberta Motor Association in a press release. Canadians are proud of their discipline and long-held road user behavior, but many of these traditions may need to be overhauled keeping the current exponential rate of traffic congestion.

Traffic behaviors like the zipper merge require a buy-in from all drivers and awareness of how best it should be practiced.

Driving requires one’s complete concentration and skills. Using the available tools and techniques that are acceptable to all road-users is one way of ensuring safety and harmony on the road.

Most Canadians spend a lot of time on the road, either driving to work each day, or traveling for business or recreational reasons. Today, with the relatively easy access for young people and those of almost any degree of financial means to automobiles, traffic congestion has become a fact of life on city roads.

Inevitably, such situations result in accidents where people, property and vehicles are damaged. Commuting is a chore that people don’t really enjoy and as a result, their concentration levels can vary, leading to mishaps. Canada’s large cities like Toronto are perennially busy and there’s hardly a time when the roads are completely empty. When accidents happen, they give rise to complex medical, legal and insurance issues. An experienced Brampton car accident lawyer can assist you.

Following some simple safety tips can make all the difference to your driving experience. It can also ensure that you remain safe and share the road responsibly with other road users.

Safety In Heavy Traffic

Expect the Unexpected: Lane closures, traffic diversions, bad weather, road-works, large public events and gatherings can lead to unexpected congestion on your familiar route. Maintain safe distance from other vehicles, practice defensive driving. Provide enough buffer time to cater to possible traffic congestion, start out a little earlier. It’s important to stay focused and calm whatever the environment, so that you and your family can avoid injuries.

Road Rage: Nearly 8 out of 10 Canadians admit that they have felt and exhibited road-rage at some time. Road-rage behaviors include speeding, using profanity, yelling, lewd gestures, tail-gating another vehicle when you feel the driver has behaved rudely, cutting people off, risky lane-changes etc. Any kind of heightened emotions while driving is hazardous and anger can lead to bad decisions that endanger not just your safety but that of other road users as well.

Avoid/Ignore Provocation: Don’t respond in kind to other drivers who display road-rage behaviors. Avoid honking at them or engaging in competitive behavior.

Calm Yourself Down: If you’re feeling anxious or stressed in heavy traffic because you have an appointment to keep, ensure that you take deep breaths, focus on reaching your destination safely and make arrangements like calling ahead to inform people that you may be delayed. Listen to soothing music. This is important in heavy traffic, as other kinds of music can stimulate and energize you more. Often, car-pooling with friends helps to keep the atmosphere light and stress-free.

Tech Savvy: Use smartphone apps that tell you what the traffic situation is, so that you can plan your route accordingly. Sometimes a longer route may be less congested and can get you to your destination more easily, quickly and in a better frame of mind.

Accidents are not always “accidental.” Most of them are preventable and avoidable, being caused by someone’s fault or negligence. Unfortunately, they give rise to enormous physical, financial and emotional consequences for injured victims and their families. If you or a dear one has been injured in a motor-vehicle accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

A report released by the Canadian Pediatric Society in 2008 revealed some alarming facts. According to their study, the leading cause of death in Canadian children was motor vehicle collisions. Children and adolescents remain vulnerable in accidents and account for 16% of fatalities and 19% of injuries in Canadian motor vehicle collisions.

Although all provinces and territories mandate the use of child safety seats and restraints, many of the injuries sustained by children in accidents are caused by either the non-use or incorrect use of these devices.

It’s important for parents and care-givers, pediatricians and family physicians to have the right information on the proper use and deployment of car-seats and restraints and also of the current legislation regarding transportation of children in vehicles.

When used properly, child seats and restraints can reduce the risk of fatalities by 71% and serious injury by 67%. However, parents and care-givers are seldom well-informed about the correct use of car child seats and tend to be lax about safety issues regarding children traveling with them in cars.

Cheaper car-seats not manufactured according to strict industry standards may not function well. Defective seats can cause serious injuries when accidents happen.

If your child has been injured in a motor-vehicle accident, contact the nearest personal injury lawyer in Brampton without delay. You may be entitled to compensation.

Car-seat Regulations

Studies have also shown that nearly 80% of children in Canada are not properly protected while traveling in passenger vehicles. The Ontario Highway Traffic Act Section 106 stipulates that children have to ride in a rear-facing seat till they weigh more than 20 lbs or 9 kgs. Toddlers weighing below 18 kgs must travel facing forward. When the child weighs between 18-27 kgs and is aged about 4-8 years old, and grows too tall for the car-seat, they can be graduated to a booster seat. Finally, an 8-12 year old who weighs more than 27 kgs is ready to use a seat-belt.

Safety experts recommend that children always travel in the rear seat.

Some Common Misconceptions

• Few people are aware that car-seats have expiry dates. The manufacturer’s label clearly states the useful-life date or best-by date
• car-seats should be replaced if your vehicle has been in a collision, however minor it may be
• Seats that are cracked, torn or damaged need immediate replacement
• Seats older than 10 years should be discarded
• Constant exposure to sunlight damages the seat
• Second-hand seats, recalled seats, or those picked up from garage sales on the cheap, giveaways etc are an absolute no-no
• Don’t give or sell your car-seat to anyone
• Follow the user manual
• Use age-appropriate seats
• Place blankets or covers only after ensuring that the seat and child are securely buckled
• Anchor and secure all straps safely
• Don’t place bulky items behind/under the child
• Pay attention to the child’s comfort

Families face enormous physical, financial and emotional consequences when injuries happen. There are several complex legal, medical and insurance issues involved in claiming compensation. An experienced Brampton car accident lawyer can assist you and your family if your child is injured in a collision.

Operating a vehicle with insurance is mandatory in Ontario. This regulation provides a certain security and peace of mind for drivers in the event of a mishap.

However, in certain cases, you may find yourself injured in an accident in which the other party flees the scene and cannot be identified, or is under-insured/uninsured.

All accident victims in Ontario are entitled to statutory benefits (SABS) regardless of fault and this is payable by their own insurer. Additionally, they are also entitled to file a personal injury suit for damages against the at-fault party. The payment is made from the at-fault party’s insurance company.

An experienced Brampton personal injury lawyer with experience in dealing with similar cases can provide the right information and advice.

The Order of Seeking Compensation

There is a particular sequence or priority-order of claiming insurance when injuries occur and this is regardless of fault, under SABS  (Statutory Accident Benefits Scheme).

• The first agency to contact is your own insurance agency, if you have insurance.
• If you don’t have insurance but were in a vehicle that was insured, you can approach the insurer of that vehicle.
• If your injuries occurred when you were a cyclist or pedestrian, the insurer of the vehicle is liable to pay you compensation.
• As a last resort, if no insurance is available from any quarter, you can avail of compensation from the Motor Vehicle Accident Claims Fund (MVCAF) in Ontario.

What Is The MVCAF?

This is a fund that has been set up by the government of Ontario and is managed by the Financial Services Commission of Ontario. This fund is intended to help those who are victims of accidents without any other recourse to automobile insurance. It is designed to provide compensation in cases where the at-fault party is uninsured or cannot be identified because they have fled the accident scene. The fund also comes to the aid of people who have been injured in accidents involving stolen vehicles with no liability insurance. Hence, most cases that come up before the MVCAF are those involving pedestrians injured in hit-and-run accidents where the victim is unable to identify the vehicle that caused the accident, and uninsured or stolen vehicles.

This facility is available only to Ontario residents and to accidents that occur within the province. There could be several loopholes in the process – for instance, if one of family members of the victim who lives in the same house has coverage under a Family Protection Endorsement policy, that insurer has to make the compensation payment and this would absolve MVCAF of liability.

How We Can Assist 

Once you have availed of emergency medical treatment and ensured that your injuries are being properly treated, contact the nearest personal injury lawyer in Brampton without delay when such a mishap occurs.

Although the MVCAF funds are available in principle, in reality accessing them can be a long and arduous task. Since there are several complicated legal, medical and insurance issues involved, it’s important to seek advice, assistance and advocacy from an experienced Brampton car accident lawyer without delay.