With the festive season fast appearing on the horizon, most of us are already preparing our gifting lists and trying to tick off most of the items before the mayhem starts!

This is a great idea if you hate the holiday crush and the discount sale madness at malls. A leisurely trip to the mall, where you can browse through the available options, and then enjoy a light meal with friends would be the perfect way to get your Christmas shopping done.

However, disaster lurks in the form of slip and fall accidents. Malls are busy places, even on weekdays. Not all of them follow safety standards, nor are many of them senior-friendly. A slip or trip and fall accident could ruin all your plans.

What most of us do following a slip or trip is to glance round hoping that no one has seen us falling so clumsily, then we get to our feet, dust ourselves off and quickly make an exit. It’s only a little later that the aches and pains start, perhaps a swelling, a feeling of disorientation or nausea and then we realize that we have been injured.

Serious injuries may sometimes take a longer time to make themselves felt and if you have an existing health condition, it could compound matters if you don’t seek immediate medical attention. Hence, it’s always a good idea to visit your family doctor without delay if you’ve had a slip and fall accident.

Slip and Fall Injury Facts and Information

Falls are a huge concern for Canadians and obviously for people all over the world. A study conducted by SaferHealthCare Now! Shows that more than 80% of hospitalizations during 2008-9 were fall-related. This figure comprises people aged 65 and older, making them a high-risk population when it comes to falling and injuring themselves.

There are huge physical, financial and emotional burdens placed on the injured person and their families as a result of such falls. They result in hip or skull fractures, making it difficult for the elderly person to live alone and take care of themselves. Falls in younger people result in a variety of injuries ranging from simple cuts, bruises and sprains to severe and traumatic injury to neck, head and spine, facial and dental damage, paralysis and disability, etc.

Accidents are not always “accidental.” They result from someone’s fault or negligence. Sometimes, a breach of safety norms can be intentional to cut costs or avoid expensive replacement of damaged/defective aspects that pose a risk factor.

• Poor lighting
• Slippery, wet floors
• Unmarked elevation changes
• Loose stair-carpeting
• Damaged tiles or flooring
• Uneven ground in parking lots
• Greasy patches
• Lack of warning signs, missing hand-rails
• Debris and clutter
• Packages, trash-cans in corridors and basements
• Loose cables and wires
• Malfunctioning elevators/escalators

and many other potential hazards can endanger your safety in a mall.

Mall-owners and commercial property owners have a responsibility to ensure the safety of all visitors. A Cornwall personal injury lawyer can assist you to get the compensation you deserve following a fall-related injury.

The recent incident involving an impaired car driver who grazed a cyclist near West Lake Road, Prince Edward, Ontario brings into focus the medical, legal and insurance issues in such incidents. Although the cyclist was unhurt in this case, it’s a fact that cyclists and pedestrians are among the most vulnerable of road-users.

Burlington personal injury lawyers know from their experience in dealing with such cases regularly, that a combination of an alcohol or drug-impaired motor-vehicle driver and a cyclist who is essentially without any protection against impact forces, can be a recipe for disaster.

In this particular incident, the driver compounded his errors by failing to stop at the accident scene.

Why Cyclists Are At Risk

Canada is one of the most cycle-friendly countries in the world. The thousands of miles of cycling trails, tracks, roads and scenic mountain routes make cycling a pleasure. Cycling to work is also being encouraged in urban locations to reduce pollution. Though cycling is a healthy commute option, it’s non-polluting and a lot of fun, there are certain inherent risks involved in cycling in urban areas.

• Since cyclists have no protection against the exterior environment, they’re prone to be badly hurt even in low speed collisions. Head, neck, spinal and limb injuries are most common following motor-vehicle collisions.

• Traumatic brain injury, concussion, skull fractures and spinal cord severance are some of the risks that cyclists face though they may be wearing helmets or other safety gear. Fractures to limbs and ribs, facial and dental injuries are also common injuries.

• Another huge risk for cyclists is if they’ve been grazed, they can very easily lose balance. Inexperienced and younger cyclists may often feel intimidated by larger vehicles coming too close to them and this again may unbalance them.

• A fall while cycling can throw the cyclist in the path of other vehicles on the road, leading to serious injuries.

• Night-riding can be a lot of fun, but it is also highly risky. Cyclists must wear protective gear that’s easily visible or reflective in poor lighting.

• Many accidents happen when the cyclist is hit from behind by a motor-vehicle driver who failed to see them at night. This risk can be minimized by fitting rear lights on your bike. A front light is of course essential if you’re riding at night.

• Cyclists also face problems from road and trail debris thrown up by vehicles in front. They need to wear eye-protection glasses to minimize the risk.

• Many cycling accidents happen when the motor-vehicle driver fails to observe a cyclist while taking a turn. Cyclists are also at risk from car passengers or drivers who suddenly open a door in their path.

The cycling community in Ontario has been lobbying for more regulations that will ensure their safety. Public Health statistics have shown that while ER visits by occupants of cars has been steadily decreasing, the same can’t be said for pedestrians and cyclists hit by motor-vehicles.

If you or a dear one has been injured in an MVA, contact the nearest personal injury lawyer in Burlington immediately. You may be entitled to compensation that can ease the physical, financial and emotional burden that result from an accident.

Brampton personal injury lawyers believe that compensation sought by those who have been seriously injured in accidents helps to make life a little easier for them and their families.

The primary purpose of tort law or personal injury law is to provide corrective or restorative justice. In that sense, it is a dispute settlement between two parties and different from the criminal justice system where the state is involved.

Personal injury claims are made by the injured person at their own expense to seek redress for a wrong done to them due to the defendant’s fault or negligence. The compensation is in the form of a monetary settlement that seeks to restore the plaintiff as much as possible to the condition that they were in prior to their injuries.

Financial Aspects

Although the plaintiff is entitled to seek compensation, there may be certain practical aspects that determine whether the outcome is successful or not.

In motor vehicle accidents, the injured in Ontario are entitled to seek statutory benefits regardless of fault. These are payable by the plaintiff’s own insurance company. This is subject to certain conditions.

The injured are also entitled to file a personal injury claim against the party they deem responsible for the accident and whose fault or negligence caused it.

One of the most important factors that affects the success of a personal injury claim is the financial status and/or insurance policy limits of the at-fault party.

The ability of the defendant to respond to the claim has to be taken into account while filing the suit. It is a fact that the wealthier the defendant, entity, municipality or corporation named as a defendant, juries have a tendency to award higher settlements. This is based on the belief that a defendant who is in a better financial position is more able to cover all the damages and compensate the injured person more fully than one with limited financial means.

The defendant’s liability policy limits and other available coverage are of importance when there are several claims that arise from the same collision. In some cases, a judge may award punitive damages. The at-fault party may be under-insured or uninsured. As experienced personal injury lawyers, we first thoroughly examine the available sources of coverage and the latest case laws.

One of the issues that comes into question is that all claims settled by insurance and they are covered by contract laws, and not by tort laws. The Motor Vehicle Accident Claims Fund Section 265 covers these matters. Settlements are subject to the terms, conditions, provisions, exclusions and limits prescribed in the contract.

It’s important to understand that the person insured under the contract also means their spouse and any dependent relative. Other occupants of the vehicle are also considered “persons under contract.” It also includes director, officer, employee, partner of the insured who regularly uses the vehicle, as well as their dependent spouses and relatives.

Hence experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers can conduct independent investigations to discover all these sources of compensation.

Brampton personal injury lawyers can help boost chances of achieving a successful outcome by immediately beginning to work on your case. This involves putting together a robust case in support of your accident injury claim, since presenting the right kind of evidence and documentation is a crucial aspect in proving fault and negligence.

Accidents aren’t always “accidental.” They leave a trail of destruction in their wave in the form of physical, financial and emotional consequences. Unfortunately, most accidents are avoidable and preventable, since they’re usually caused by a lack of following reasonable safety norms, carelessness or even a deliberate flouting of regulations.

Contact the nearest personal injury lawyer in Brampton if you or a loved one has been seriously injured in a car accident or a slip and fall accident. We offer a swift, genuine and comprehensive evaluation of your case and provide the right information and advice to help you get the compensation you deserve.

Settlement Process

Nearly 95% of personal injury claims are settled out of court, through a process of discussions, presentation of each side’s point of view backed by proof, negotiations, arbitration and mutual agreement. Very few personal injury claims are tried in court and there could be a number of reasons for this. In some cases, the plaintiff truly feels they “want their day in court,” when the issues have a strong emotional or ethical foundation. In other instances, the dispute between the insurance company and the complainant cannot be easily resolved, and a court process becomes necessary.

As experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers, we understand the importance of being prepared when we enter into negotiations with the at-fault party, their legal representatives and their insurers. Preparation for all situations, whether negotiation or trial, is an essential part of our brief, whenever we take up a case.

Importance of Evidence in Personal Injury Claims

Personal injury claims are decided on the basis of evidence of negligence, injuries and the impact of these injuries on the victim’s life.

Unless seriously injured, the victim himself/herself can get:

• Photographs of the accident scene with date and time stamp if possible
• Details of all those involved in the accident
• Witness contact details
• Insurance information of at-fault party
• Model, make and license plates of the other vehicles involved
• Medical treatment received, when and where
• All documentation and receipts/bills regarding any expenses connected with the accident.

Independent investigations can collect:

• Police and traffic reports
• Testimony from expert witnesses
• Video or CCTV camera evidence if available
• Digital reconstruction from collision specialists
• Evidence showing condition of other driver (impaired, distracted etc)
• Maintenance records of premises

In accident cases, there are chances that geographical aspects can change, signs like skid-marks from tires, blood-stains, evidence of fault in automobiles, infrastructure etc can be repaired, faulty flooring can be repaired, the factors that caused the accident can be changed, people’s memories may fail and their remembrance of things could get hazy with the passage of time.

Evidence gathering is crucial. Our 24×7 injury lawyers can begin to protect your interests and rights immediately.

Brampton personal injury lawyers frequently deal with motor-vehicle collision claims in which people have been seriously injured. These accidents are usually caused by someone else’s fault or negligence and they leave the victims facing enormous physical, financial and emotional consequences.

Most of us believe that insurance provides a safety net in case things go wrong for us. This belief gives us a sense of security and protection, knowing that our lives and those of our dear ones can be made more comfortable in the event that we’re rendered immobile or unable to work following an accident.

However, what we fail to note is that insurance companies are for-profit organizations and their business goal would be to reduce outgoings to the maximum. To this end, they may deny, devalue or dismiss your claim on various grounds.

It’s wise to contact the nearest personal injury lawyer in Brampton when such a mishap occurs, so that your interests remain protected throughout the claims process.

What You May Not Know About Car Accident Claims

Insurance companies and the police use different criteria for determining fault in accidents. There are many aspects of Ontario’s SABS (Statutory Accident Benefits Scheme) that injured victims may not be familiar with. Parking lot accidents are one of the most controversial types of accidents and there are several complex issues involved in determining fault. These and other problems are things that few ordinary people know much about. Our experienced 24×7 injury lawyers can provide timely information and guidance.

1. Parking Lot Accidents: These are very commonly-occurring incidents.  There are general rules and conventions that drivers are supposed to abide by when entering, exiting and maneuvering their vehicles inside a parking lot. However, it’s difficult to firmly establish liability and it differs from case to case.
2. No-fault insurance: Ontario is among the provinces that provides statutory benefits to injured victims, regardless of fault. This no-fault regulation however means that you have to collect settlement from your own insurance company.
3. Police may not always charge an at-fault party: In case of bad weather or something that happens beyond the drivers’ control, the police may not hold one of the parties responsible for the accident. However, according to the Insurance Act, the Fault Determination Rules must be used to establish liability on a scale of 0-100%.
4. The police don’t always have to be called: If the total amount of damage is below $2000 and no one is injured, you can report the accident to your insurance company and to the local collision reporting center only, instead of the police.
5. Leaving an accident scene is a crime: No matter how minor the accident, it’s the duty of a driver to stay at the scene of an accident. Hit and run drivers face criminal charges with up to five years’ imprisonment, cancellation of their insurance policies and hefty fines for failing to stop. 

Brampton car accident lawyers can provide more information, advice and assistance if you or a dear one has been has been injured in a motor-vehicle collision.

Brampton personal injury lawyers believe that keeping abreast of  the latest information in medical, legal and insurance issues gives them the resources to best serve their clients.

Accidents can result in a variety of injuries, ranging from simple cuts, bruises or sprains to serious, life-changing injuries that result from brain, spinal or organ damage. These injuries can have a devastating effect on not just the injured victim but also on the entire family.

Loss of income/wages, high medical and rehabilitation expenses and the associated pain and suffering are the most common consequences of serious injuries.

Studies show that nearly 160,000 Canadians sustain brain injuries every year and nearly a million Canadians are currently living with the effects of traumatic brain injury (TBI). Almost half of these injuries were sustained in motor-vehicle accidents and falls.

There are numerous symptoms associated with TBI and some of them are also late-appearing. They include dizziness, loss of balance/consciousness, headaches, nausea, cognitive/memory/functional loss, mood, personality and behavior changes, depression, confusion, sleep and concentration problems etc.

Traumatic Brain Injury and ADHD (Attention Deficit Hyperactivity Disorder)

Specialists have also discovered links between certain types of disorders like attention deficit/hyperactivity and a previously sustained TBI.

Such issues can have a significant impact on the injured person’s life, career and relationships. Almost 30% of traumatic brain injuries are sustained by children and youth. This means that a young person has to spend the rest of his/her life living with the after-effects of TBI and its attendant consequences.

Researchers in St Michael’s Hospital have conducted a study that shows a “significant association” between two apparently unrelated issues – ADHD and TBI. This study reveals that nearly 12.5% of adults with a history of traumatic brain injury were also diagnosed with ADHD or tested positive in self-report tests.

The study’s lead author, Gabriela Ilie opines, “The odds of having or screening positive for ADHD if you have a history of TBI are about 2.5 times higher than in adults who have never had a history of TBI.” Figures projected for 2020 reveal that TBI is slated to become the largest contributor to disease and disability after heart disease and depression.

How does ADHD impact the person’s life?

When left untreated ADHD affects not just the patient but also the family and career. It also affects the person’s education, employment, relationships, financial status and quality of life.

Adults with ADHD symptoms could face problems including:

• being disorganized in searching for employment
• having to face negative perceptions from potential employers
• problems with time-management
• social skills impairment
• need for special environments to work in
• difficulty in maintaining relationships
• issues with impulse-control and anger management
• display excessive risk-taking behaviors
• often indulge in substance and alcohol abuse.

These factors contribute to a major change in the person’s quality of life. Contact the nearest personal injury lawyer in Brampton if you or a dear one has suffered TBI in a car accident. You may be entitled to compensation because most accidents are caused by someone else’s fault or negligence. We ensure that your interests are protected.

Brampton personal injury lawyers understand that most people may have kept a journal or diary only when they were teens! It was something where they recorded all their thoughts, feelings and experiences faithfully. Few of us realize that keeping a journal or diary following an accident can be a valuable document when it comes to claiming compensation.

Car accidents or slip and fall accidents can be devastating events, with far reaching impact on not just the injured victims but also on their families. There are physical, financial and emotional repercussions to be faced, while dealing with the disruptive and destructive aspects of job/wage losses, medical and rehabilitation expenses, pain and suffering etc.

In hindsight, most accidents could have been prevented or avoided. They are caused by someone’s fault or negligence. The injured have a right to seek monetary compensation for their losses by filing a claim for either statutory benefits available under their own insurance policies (in motor-vehicle accidents) or by filing a personal injury suit against the at-fault party.

How A Diary Can Help

An accident diary is slightly different from the normal personal journal. This is meant to record all events that take place following the accident so that it can be used as an aid to memory when the compensation claim is being negotiated with the insurance company.

Most of us tend to believe that our insurance company has our welfare at heart, but in reality, being for-profit organizations, their focus is on preserving their business interests. Hence, they may dispute, deny or dismiss your claim, minimize the nature/extent of your injuries or the liability of their at-fault clients or offer a meager settlement that would not cover your present and future needs.

Hence, keeping a diary helps you document:

• Details of the accident: Date, time, location, weather conditions, position of vehicles, vehicle make/model/license plate of the other vehicle, how and why according to you the accident occurred
• Contact details of witnesses if any
• Observations: including if there were CCTV or police cameras around
• Medical attention received: Every detail has to be recorded, including ambulance, ER, walk-in clinics, hospitalization, follow-up visits, labs, diagnostics, family-physicians, therapists.
• Bills and receipts: All bills of expenses connected with the accident, including medical/pharmacy, travel and accommodation, Rehabilitation procedures and expenses, Mobility and prosthetic devices
• Daily activities: Documentation of these helps record the difference that the accident has made in your life. It also helps the doctor to understand the progress of your treatment.
• Emotions: Expressing your feelings helps to demonstrate the pain and suffering aspect and emotional impact
• Communications: Meticulously record all communications including conversations, e-mail, notifications by mail, texts, phone-calls, etc with insurance companies, at-fault parties, lawyers. Keep copies of all mails received.

Tips to be followed:

• Make entries whenever you feel the need.
• Be brief, honest, business-like, accurate and sign/date each entry.
• Remember that it could be accessed by others, so avoid any confidential or personal matters.

Brampton car accident lawyers and Brampton slip and fall injury lawyers can assist you with filing your claim and the diary can prove to be a valuable resource to back your claim.

Brampton personal injury lawyers know from experience that there’s a huge disruption in people’s lives when car accidents occur, since they’re completely unforeseen events. Shock, fear, anxiety and confusion are uppermost in the minds of all those involved, along with the trauma and pain they feel if there are injured. The first priority would obviously be to get immediate medical help and ensure that the injured are safe and comfortable.

Following this, there are several important steps to be taken. The traffic and police authorities and insurance companies have to be informed. Accidents are caused by someone’s fault, negligence or intentional flouting of safety norms. Seriously injured victims face a bleak future, beset by physical, financial and emotional burdens. They’re entitled to seek compensation from those responsible for the accident.

Claiming Compensation

According to Ontario laws those injured in car accidents are entitled to claim statutory benefits regardless of fault. This is based on certain criteria and is paid out by your own insurance company. Victims are also entitled to file a personal injury suit against the at-fault party/parties and this is paid out by their insurers.

Each case is unique, and the kind of settlement claimed and awarded varies according to circumstances of the case, proof of negligence, establishment of liability, evidence of injuries and their impact on the claimant’s life, etc.

An experienced Brampton car accident lawyer can advise and assist you to build a robust claim backed by the necessary documentation.

Privacy Rights

People purchase insurance in good faith, as it provides security and peace of mind. We presume that when disaster strikes, our insurance policy is available to take care of medical expenses, lost income etc.

When claims are filed, the insurance company that makes the payout could deny, dismiss or dispute your claim, for any number of reasons. Insurance is a for-profit business and the main goal would obviously be to protect the business bottom-line.

One of the issues that concerns claimants is that the at-fault party’s insurers could launch a surveillance on them in a bid to disprove their claims. Many companies routinely conduct an investigation into a claimant’s background to collect information about background, activities, injuries etc.

These investigations are legal but they have to be conducted within the confines of the law. Clients have a natural expectation of privacy. Trespassing on private property, intercepting electronic communications, issuing threats, defamation etc are illegal. Insurance companies in Ontario are required to maintain a “privacy wall” which prevents them from sharing information even between their own departments.

Your privacy rights must be respected. This includes:

• No permission to enter your home or business-premises to conduct surveillance
• Videotaping is allowed in public places including outside your home/work-place
• Videotaping of claimants exercising or doing heavy work is permitted
• Private and confidential information like medical records will be kept strictly private and used only for handling your accident claim
• Your insurer and that of the at-fault party could be the same. In this case, protecting your private/confidential information is crucial

Our experienced 24×7 injury lawyers can help protect your all your interests including that of privacy.