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Chief Executive Officer

What to do about accidents involving municipal properties?

While it is hard to get the exact number of personal injury accidents that occur, we still encounter clients filing claims regarding municipal property accidents. You can file a claim to recover losses that occur in accidents involving municipal properties. I am Priashna Singh, head of Singh Barristers, and I would like to inform you about your rights about municipal property accidents. 

The new year has started with a blast. With three major companies releasing their vaccine, we might be witnessing the final days of the COVID-19 pandemic that has been ravaging the world since the fall of 2019. Despite the reinstated lockdown in Europe and the new strain’s fear, the new year looks promising. With all the countries and people trying to move forward, I think this is a great opportunity for Canada to move forward and reach its full potential. In my opinion, one way to move forward is to know and understand our rights.

Slip and fall injuries caused by or involving municipal properties can be claimed to get an appropriate refund. 

You can file a claim to get returns in this regard. The municipality should be responsible for maintaining the roads, rails, bridges, and sidewalks. Under section 44(1) act, all municipalities need to maintain the roads, rails, bridges, and sideways in a proper repair and use state. Section 44(2) states if the municipality fails to keep the above mentioned in good condition, it is liable to pay for the slip and fall accidents caused by the municipal property.

The sidewalks are given an exception by section 44(9) of the municipal act, 2001. It states that if a slip and fall accident occurs on sidewalks, the municipality is not responsible unless the sidewalks have been poorly maintained or unmaintained for two days. This act makes it possible for us to recover the losses that occurred due to the municipality’s negligence. The conditions under which the municipality is liable to the victims’ losses in a slip and fall accident on a sidewalk are as follows. You should carefully examine the conditions mentioned below to completely understand the municipality’s policy towards slip and fall accidents.

  • If the municipality doesn’t clear the ice layer for two to three days, that can make the municipality liable for you to press charges.
  • If some of the most used sidewalks are not cleared of the snow for a period where it can cause a slip and fall injury, they can be liable. 
  • Allowing freezing materials like water, sewage, etc., to run on the sidewalks for days.
  • Not providing any safety policy to its citizens using the sidewalks during the fall and winter seasons from the snow and ice.

I urge all my fellow citizens to keep a note of the above points before filing a claim against municipality. Municipality officials regularly take care of the sidewalks, but if you are unfortunate enough to find yourself on one of the less maintained sidewalks and have an accident, please ensure you note when the officials maintained the sidewalk. Slip and fall accident victims should inquire about the recent maintenance history of the sidewalks. In my opinion, the victim should stay calm and try not to panic after the accident. Victims should seek medical attention if seriously injured.

In the case of motor accidents caused by black ice, victims will not have sufficient time to make observations. Black ice motor accident victims can file a claim against the municipality to recover the losses. Motor accidents caused by black ice formed on bridges can be fatal, and getting medical attention should be your priority. Avoid panic braking during the accident and control your car to minimize the losses and casualties. Victims of a motor accident involving black ice can claim both under the auto law and municipality law. In my opinion, filing a claim under the municipality act is a better decision than the other one because of the black ice’s sheer involvement.

The major municipal negligence that can cause serious injuries apart from the roads, rails, bridges, and sidewalks are the municipal construction sites, buildings that are under construction, and demolition. You should take care of the things above you because a falling chunk of concrete can kill you instead of causing damage if you are a pedestrian or a cyclist. Municipalities are responsible for taking good care of construction sites and structures under maintenance to avoid life loss. In my opinion, avoid taking routes that include any new construction or buildings and bridges that are ready to be demolished. Prevention is better than cure. The loss and suffering you would endure because of these accidents are severe. I urge all my fellow citizens to observe any notices placed and act accordingly. You can always file a claim when involved in these accidents, but getting involved in one can be gruesome.

Now that you know you can file a claim when you get involved in an accident involving municipal properties, feel free to contact our lawyers. We at Singh Barristers operate in and around Brampton. We are a group of professional, experienced personal injury settlement lawyers. We value our client’s requests and provide them insights into their claims. It takes a strong firm to stand against insurance giants and municipalities. All our lawyers are well-versed in claim settlements and have enough mettle to stand against the giants.  Due to the pandemic, the state of personal injury claims is not clear. After the reopening of courts and other firms, the criminal and family claims will be prioritized over the personal injury ones. Contact us to get a clear and fast settlement of your claim. Despite your right to file a claim in case of a slip and fall accident or a motor accident involving black ice, taking care to avoid such accidents is always advisable. We take all the precautions and follow the government guidelines to ensure the safety of our clients. 

What can you do for preventable injuries and hospital falls?

Hospital falls

Every one of us might have older relatives or family members in the hospital for routine procedures or treatment. Nonetheless, I find that the statistics of a senior citizen hurting themselves from a hospital fall are way higher. 

It might come as a bigger surprise to you that, according to a recent survey, fall-related injuries are the major factor for over 90% of senior citizen injuries. Seniors hurting themselves by falling in hospitals or healthcare establishments is not new, but this matter’s seriousness is more than people realize.

A simple fall, however hurtful it may be, might not seem like that serious of an issue. But in the case of seniors, a simple fall can have catastrophic effects on their health. This fact is more expressed in the case of hospital falls. If a senior citizen undergoes some treatment or surgery in the hospital, their body remains in a vulnerable state for a considerable period. So, if they experience an injury from a fall in that period, the effect may be spread across multiple organ systems in their body. Therefore, a senior getting hurt from a hospital fall is not a light matter and can develop into a life-threatening situation.

Proper fall risk assessment

I think that a hospital or any healthcare institution is where everyone goes to cure and heal their bodies, so it should be the last place where they should get hurt. Senior citizens who are more affected by medical conditions should be admitted only after a proper fall risk assessment. Senior citizens suffering from some ailment are more prone to falling and hurting themselves than others. So, it is necessary to properly assess those factors and plan the limit of restraint accordingly.

In most cases, I have found that senior citizens are not in proper control of their bodies, especially after a serious surgery or treatment. The medications’ impact often leads them to convalesce, ultimately leading them to lose their balance and fall. As mentioned already, these simple falls can seriously hurt them, not to mention the fact that it can make their condition worse.

Every hospital follows a restraint policy because the excessive movement can cause complications for the patient, but there should also be an extent for freedom of movement, or else the patients will be very uncomfortable. The extent of restraint is exactly what is determined by the fall risk assessment. This is done for every patient in general but is very important in seniors’ case since they are at a higher risk of falling.

How critical is a proper fall risk assessment?

The procedure for fall risk assessment is different for different hospitals and institutions. However, the general procedure consists of mainly referring to the patient’s medical history, the different medications they are on, and the impact of the treatment on maintaining balance and assessing their surroundings. All the factors are considered objectively according to a scoring system. At the end of the assessment, the scoring system determines whether the patient is at a low, moderate, or high risk of receiving a fall injury.

In my opinion, there are several measures that a hospital needs to take proper care of in case people have a high fall risk. This becomes exponentially more important in the case of senior citizens. If the patient is at a high risk of falling, several fall prevention strategies need to be followed by the hospital. A fall prevention strategy document should be prepared with proper records of all the safety measures put into place to prevent injuries for the patient. This is very important as it can help you determine if there was any negligence on the part of the hospital. This document should be present in the patient’s chart.

Some of the common fall prevention strategies include lowering the hospital bed level, a call bell placed within the patient’s reach, the bedrails erected, and more. There should be a mandatory ‘stop and check’ sign on the patient’s door. Also, the bathroom path should be made readily available so that the patient does not lose their balance.

When it comes to seniors, I think hospitals should resort to more tailor-made fall prevention methods to reduce injuries to a minimum. Some common measures include scheduled toilet trips, activating alarms, and regular interaction with the patients for their needs and wants. The bottom line is that the hospital must ensure that all the steps are being followed to prevent the patient from getting injured by falling. In my experience, it is more often than not that the hospitals do not take proper care to put these measures in place, not only for seniors but also for general patients.

What to do in case of a hospital fall?

If someone hurts themselves by a hospital fall, there are certain procedures the hospital management should follow strictly for salvaging the situation. The first and most important thing to do is to form a ‘fall huddle.’ This is vital for discussing the damages caused by the fall and what steps should be followed next for handling the situation.

The next thing to do would be to determine if all the necessary measures for preventing the fall were put in place. This is important for determining the negligence of the hospital. Remember, if you want to pursue a legal course, this is the most crucial step. Finally, you need to determine if there was any witness to the fall since they are the most effective source of information regarding how damaging the fall was.

My firm can help you pursue a legal course of action if you or your family members are victims of a hospital fall. These are preventable injuries, and most of the time, the negligence on the part of the hospital is involved. I find that most people do not take this matter as seriously as they should. But in the case of patients, these simple falls can prove to be fatal. It is a ‘too little too late’ scenario for them. The patient might be too late to do something about these preventable injuries, but you still can.  Contact my firm or me, and we can provide you a team of experts who will help you frame your case in the most efficient way and pursue a legal course of action. Several personal injury lawsuits can be filed depending upon the situation. Just contact us, and we can help you get started on your path to a peaceful resolution.

All You Need to Know About Cycling Accident Claims

Introduction:

With the release of the vaccine, the new year seems more promising and eventful than the previous year. Many companies have successfully released the vaccine to fight and end the pandemic that has ruptured the socioeconomic fabric. I, Priashna Singh, head of Singh Barristers, am here to inform all the cyclists about their claiming rights in case of an accident. Because of the increased awareness of global warming and health benefits offered by cycles, it has become a famous way of transportation in recent years. Cycling daily is good for the user’s health. The cycle is widely used for exercise and fitness improvement rather than for transportation. 

This mode of transport has received widespread recognition, and many countries have installed pathways for cycles alone. Despite governments’ measures to provide safe lanes and parking spaces for bicycles, cyclists are still prone to collisions. The lockdown has seen an increased accident rate among pedestrians and cyclists. Despite the reduction in motor vehicle traffic, pedestrian and cycle accidents have shot up significantly. Cycles usually do not have insurance. I want to let all the cyclists know that they can claim property loss if involved in an unforeseen accident. Cyclists do not need to carry a license, unlike motor vehicle drivers. 

Cycle with motor vehicle accidents:

A cycle accident victim will sustain more personal injuries and property loss than the opposite running motor vehicle. The motor vehicle is equipped with guards and appropriate equipment to protect the driver. But cyclists are exposed completely and are more prone to personal injuries if met with an accident. I want my fellow citizens to know that they can file a claim with their auto insurance company in the case of a motor accident. According to the no-fault benefits system, a cyclist can file a claim if he doesn’t have motor insurance on the insurance company of the other vehicle involved. I urge all victims to receive medical assistance in case of a major injury. In that case, you don’t need to worry about jotting down the accident details. Our lawyers will get it from the police. The auto claim covers the property losses, medical expenses, income loss due to your inability to go to work, and your care needs.

There are a few important factors to note before leaving the accident site, which include the following. First of all, you need to jot down the license plate number involved in the accident. This helps us, the lawyers, to track down the vehicle easily while filing a claim. The next step would be getting the driver’s license number and the motor vehicle’s name. In case you have any witnesses present at the scene, getting their statement would be a great help in settling your claim. In my experience, most people tend to avoid providing a witness statement. It is advised to get complete details of the vehicle, vehicle driver, and owner in such cases. When a witness comes forward to give a statement, do not inquire into their details first. Always get the statement first and then politely ask for their name and other details. These details will help us to file and settle your claim easily. 

Home insurance or dependent insurance policies can be used by cyclists who have been victims of hit and run. Under these policies, the cyclist will be granted property losses if filing a claim under either of the above insurance policies. You can claim up to $200,000, including all the losses and claims.

Cycle accidents involving pedestrians:

Cycling accidents involving fellow cyclists or pedestrians do not come under auto or motor vehicle accidents and cannot be claimed under the above insurance policies. However, in my experience, most of these accidents are claimed under home insurance or dependent insurance, which covers property loss. You should always learn and practice cycling before taking to the streets. Obeying the rules and sticking to the lane allotted for cycling can reduce the risk of accidents. I think providing hand signals is also essential for a cyclist’s safe journey. In my experience, these accidents will be covered under the Statutory Accident Benefits Schedule.

So, I urge all cycle accident victims to file a claim to recover their accident losses. Since the pandemic is not yet over, I suggest all my fellow citizens follow the Canadian government’s protocols and regulations. In my opinion, all cyclists should get in touch with their motor insurance and other insurance companies to know the range of claims that they can file in case of an accident. We are well-versed in the types of claims applicable to a cycling accident, but it’s always advisable to know them from your insurance company beforehand. Always record the essentials from the accident site, despite having cycling insurance. We can file a claim against the motor vehicle owner’s insurance company.

We are Singh Barristers, and we operate and provide law consultancy services to people in and around the Brampton region. We are experienced in settling personal injury claims regarding motor vehicle accidents. We have experienced professionals who can guide you to the best possible claim settlement. For any kinds of claim settlements, please feel free to contact our barristers. We take all the government-implemented precautionary measures to give our clients the safest and best possible experience. Our loss estimation is accurate and always up-to-date. We try to settle your claims in the best possible times. Our barristers are fearless and have faced many insurance giants before, ensuring you a comfortable and safe settlement of your claim. Due to this prevailing pandemic situation, the processing of personal injury claims may get delayed. The other cases, such as criminal and family cases, take priority once the courts reopen. Personal Injury claims may be delayed, but don’t get disheartened. Our barristers will do their best to follow up on your claim to receive a faster settlement. Get in touch with any of our lawyers to get a settlement of your injury claim. I urge all my fellow citizens who cycle to embrace this knowledge and file an injury claim when needed.

SEVERE INJURIES CAUSED BY CAR ACCIDENTS AND THE IMPORTANCE OF ACCIDENT BENEFITS

I have always loved the sciences. Unlike life, which tells you to look for the grey between the blue and black, science tells you like it is. While the truth might hurt at that moment, it is for the better in the long run.

When you focus on the statistics of accidents, especially car accidents, the statistics, though appalling, teach an important lesson. You could be anyone: a student walking to school, an adult driving to your office, or a pedestrian crossing the road. You could be a part of these statistics. The takeaway here is about life’s uncertainty and how it affects us.

Moving forth, one of the most valuable concepts in economics is called opportunity cost. It refers to the value of the next best alternative. Let me explain it more precisely: an opportunity cost is extremely helpful in making decisions. It is something we use unconsciously at all points in our lives. We measure the value of one outcome in terms of others. 

The opportunity cost of a car accident is the days or months or years in some cases that you lose because of the injuries received in the accident. The severity of an injury may differ from person to person, but the opportunity cost in all cases remains the same.

I, Priashna Singh, do not think that any one of us would want to bear such a cost. Besides the loss of your essential time, the psychological and emotional impact of an injury sustained due to a car accident can take a toll on your mental health.

In addition to getting the right treatment, there are some additional steps to cope with an unexpected injury. Yes, you read that right. Often, there is very little focus on accident benefits and their importance when talking about car accidents.

But first, let’s take a look at the most common injuries that can occur in a car accident.

MOST COMMON INJURIES DUE TO A CAR ACCIDENT

  1. BRAIN INJURIES 

The brain is the most important part of the human body. That is why we must understand the gravity of the possibility of a brain injury.

The most common injury due to a car accident is brain injuries that, in the worst cases, can lead to the body’s incapacitation. Often, in a car accident, the impact is felt on the head. The blunt force trauma inflicted against the dashboard, window, steering, etc., or due to the car turning upside down can be dangerous for your health.

It could lead to a series of problems like:

  1. Contusions
  2. Blood clots in the brain
  3. Injury to the skull
  4. Internal bleeding
  5. Undetected problems
  6. Cognitive impairments
  7. Concussions
  8. Memory loss

You might face only one of these injuries or may have a combination of them. For example, a contusion can lead to further problems, or a concussion can lead to a blood clot.

Each one of these is fatal and needs proper treatment. Furthermore, the trauma of these injuries may prompt certain behavioral and emotional fluctuations or mood swings. They might even lead to mental health problems.

The seriousness of brain injuries lies in the fact that the brain is soft tissue and is susceptible to injuries fairly easily. Added to this is the neural problems that can occur from this. Neural injuries can result in partial or whole brain damage, comas, and in worst cases, death. Its injury-prone characteristics increase the stakes in your life.

Early treatment is the best response to a car accident. It can help prevent unwanted situations in the future.

  • SPRAINS AND FRACTURES

Bones are easily susceptible to sprains and fractures, given the instant human reflex to protect your body from the impact with your limbs.

We are all familiar with what sprains, and fractures are. You must remember that each case differs depending on the nature, location, age, history of injuries, and severity and treatment followed, so a for-all guide would not work here. It can affect how fast you recover if you face any permanent damage. It can be said without a doubt that young children and the elderly are more susceptible to fractures and long recovery durations.

If the sprain-affected area is overworked, it can lead to other predicaments like rheumatism, lifelong pain, etc. Fractures can either lead to the bone’s displacement, damage to the bone, damage to the skin because of the displacement of the bone, fragmentation of the bone into many pieces, minor breakage of the bone, etc. 

  • INJURY TO THE CENTRAL NERVOUS SYSTEM

The central nervous system is the captain of the ship that is our body. Of this system, the most common part susceptible to injuries is the spinal cord. An injury or a fracture of the spine can have serious consequences. 

The spinal cord directs everything in our body, especially neural transmission. The fact that it is called the backbone is pretty self-explanatory. Even minor damage to the spinal cord could lead to loss of important motor skills, paralysis, etc. In a car accident, the spinal cord must be protected to the maximum extent, and if it has to incur damage, then it must receive an examination and all the necessary treatment as soon as possible.

WHAT TO DO AFTER THE ACCIDENT?

What’s vital after an accident is that you must act responsibly. Do not board the despair train after a car accident, no matter how severe it is. This is because you still have a range of medical and legal options to pursue. 

You can claim accident benefits if you’re involved in a vehicle accident in Ontario. Of course, the nature of the injury, type of injury, etc., will affect the determination of those benefits. However, the great thing about accident benefits is that everyone is considered irrespective of who is to blame.

If you are wondering about the importance of these benefits, then you must know that it can help you to cover medical expenses, including expenses for rehabilitation, attendants, maintenance, medicine, medical tests, X-rays, etc. Furthermore, it can serve as an income replacement, which is extremely helpful if you have to have bed rest for long durations. There are many associated problems with a motor vehicle accident. I, Priashna Singh, can lead you with respect to the legal options available to you. As a professional who has worked in this field for years, my main goal would be to inform you of all the legal options you have and take to transition back to normalcy as smooth as possible and without any hindrances.

Tackling Slip and Fall Judicial Cases in Brampton

The 21st century has paved the way for enormous infrastructural development across the world. Corporations and government authorities in every country are striving forward to make huge statements in the infrastructural industry. As a result, we can frequently see skyscrapers, shopping centers, and vast residential apartments in urban areas. 

But due to these advancements, pedestrian accidents have become a frequent occurrence. I am Priashna Singh, and I am an injury attorney based in Brampton. My law firm and I work towards handling slip and fall and pedestrian accident cases and help clients get their deserved compensation. I firmly believe that in most slip and fall cases, the person is not at fault, and the accident occurs due to the authorities’ negligence. Thus, it is necessary to file a legal case against the said authority if the harm caused to you from the accident is severe and requires a certain compensation. I would recommend you take the following steps if you or anyone you know has undergone a slip and fall accident.

1] Seek immediate medical treatment: We all are aware of the saying, Health is Wealth. In my opinion, a person should always prioritize his health and well- being over everything. A healthy life paves the way towards a wealthy life. You should follow the same virtues if you become a victim of a slip and fall accident. Make sure that immediately after the accident, you seek help from nearby people and get to a medical center or a local clinic. Get your wounds treated and take a doctor’s formal medical treatment note after the treatment is complete. This helps maintain a record of the accident and the treatment you had to undergo due to the authorities’ negligence.

2] Report the incident to the manager of the area: Taking a statement of acceptance from the manager or the landlord of the accident site is crucial in building a strong legal case. After you get the required medical treatment, make sure you return to the place of the accident and talk to him/her about what may have led to it. Make a detailed note of the time, cause, and damage you incurred. 

3] Keep a record of everything: As I stated earlier, make sure to convey all the accident happenings to the manager or landlord in charge of that area. After doing that, make a written note of everything in an organized and chronological order and signed by the said authority. If possible, try to connect with the witnesses present near the accident area and note their addresses and phone numbers. It is very important to take pictures of the location of the accident, which may include potholes, icy patches, and cracks that may have caused the accident. 

4] Contact my firm or me: For developing a strong legal case or for needing any assistance with regards to composing formal documents, you can get in touch with my firm or me any time you want. We have a brilliant track record in dealing with slip and fall and pedestrian accidents and helping our clients get the compensation they deserve. Our law firm has many experienced and talented lawyers who can use their knowledge to help you win a legal case.

Slip and fall and pedestrian accidents have become common in Brampton due to the constant infrastructural development in the region. Pedestrian accidents are becoming a major topic of concern due to the rapid increase in legal cases. Pedestrian accidents occur when vehicles hit pedestrians walking on the road. Just like slip and fall accidents, with pedestrian accidents, the person is not at fault. The accident takes place due to the driver’s negligence of the vehicle or unrepaired roads, faulty road lights, or defective traffic lights. 

Pedestrian accidents can be very dangerous at times and can even prove to be fatal. I would highly recommend that you stay alert all the time while walking or jogging on the road. One small moment of negligence can prove to be costly.

Below, I have mentioned some of the most common causes that lead to pedestrian accidents in Brampton. 

1] Most of the pedestrian accidents occur due to the negligence and irresponsible behavior of vehicle drivers. Drinking and driving, illegal driving by people below the age of 16, driving under the influence of drugs, and many more reasons lead to these accidents. There have been some cases where pedestrian accidents occurred due to a collision between two or more vehicles. So, it is of utmost importance to always stay alert while walking on a road or a lane full of vehicles.

2] Sometimes, negligence by the government authorities can also be responsible for pedestrian accidents. Faulty traffic lights and patchy crossways are very dangerous for traveling. If they are left unrepaired and overlooked, they can cause chaotic and dangerous situations for drivers and pedestrians who tend to walk on the pathways or crossroads.

3] Visibility during night time is very crucial for safer traveling. Less visibility on roads has caused many pedestrian accidents in recent years in Brampton. Faulty street lights, defective headlights, and taillights lead to less visibility on roads and create vulnerable situations for local pedestrians.

4] In Brampton, speed restrictions are deployed for every type of vehicle in every type of lane. These speed restrictions are to be thoroughly followed by drivers. But sometimes, drivers cross these speed limits and endanger the lives of pedestrians. Make sure that you always stay alert and aware of these fast-approaching vehicles on the road.

5] Goods spilling from heavy-duty trucks have caused trouble to pedestrians on the streets. In many cases, heavy-duty trucks are overloaded with goods, which cause a huge burden on the truck’s carrying capacity. Because of this huge burden, the goods get disassembled and spilled from these trucks’ carriage. This spillage can directly cause harm to the pedestrians walking on the street. This makes it necessary for the pedestrians to be alert, always while treading besides such heavy-duty trucks. In this way, I have tried my best to provide you the most important information regarding the legal and precautionary measures to be followed related to pedestrian and slip and fall accidents. If you are troubled with such incidents and need efficient legal help, make sure to contact my firm or me at your earliest convenience.

Establishing Negligence in a Personal Injury Case

When it comes to claiming insurance for personal injury, it becomes necessary to establish negligence by the party at fault. But in such cases, you have to rely on establishing negligence. If you can prove that your injury is the result of another party, only then your case may have a chance.

But in my experience, most people are unaware of the concept of “negligence.” Well, don’t worry because I’ll discuss it and show how you can establish it.

What is Considered Negligence in Personal Injury Cases?

Understanding negligence in personal injury cases is a pretty simple process. The first step towards proving the negligence of the other party is to establish that it was their duty to take care of the situation in the first place.

You have to establish that their actions or lack of them to make the surrounding/situation safe resulted in your injury.

The next step is to show ‘how’ the other party’s actions resulted in your injury. After establishing that, you have to prove that your injuries are real and caused by the other party’s negligence. The reasonable amount of duty of care that the party-at-fault is supposed to provide varies from one case to another.

The term ‘Duty of care’ reminds a person of their responsibility to avoid potential harm caused to another. This duty of care can be applied for a house owner to make the place safe for tenants, a car owner to operate the vehicle safely to avoid possible accidents, etc. 

There is a reason why there are so many laws when it comes to driving on the road. A driver is obligated to follow a set of rules that may include a speed limit, turning lights on during certain times, following the traffic lights, etc.

That’s why it is necessary to establish the ‘duty of care’ so that you can move forward to proving/showing how the person breached it with negligence. You have to show how the person violated the conduct that resulted in your injury.

Proving Negligence in a Personal Injury Case?

In my experience, one doesn’t need to establish negligence or duty of care most of the time. You might not even hear those words from your attorney or the defendant’s side. It happens when the cause of your injury is pretty much conspicuous, and there’s no need to find a witness or take pictures of the scene.

If you are wondering that there will be a court hearing, let me tell you that it will probably not happen. There will be you and your attorney in a room negotiating the compensation with the other side. All you will discuss is whose fault resulted in the accident and how much compensation you should receive.

Considering the Important Aspects of Duty of Care

When it comes to establishing the duty of care in a personal injury case, one needs to keep answers ready for two important questions-

  1. Who is supposed to provide the duty of care and to whom?
  2. What counts as the duty of care under a specific case?

Let me explain how to answer these questions with an example. Imagine there’s a restaurant with customers coming-in frequently. Now it is considered as the duty of the owner to make the premises safe for the customers. But there are no set legal guidelines to list down those safety measures.

The law demands “reasonable” measures to be taken. These may include frequent checking for any spills which may cause slips. But there’s no monitor for that and no specific number to how many times one must check for it.

So being a victim of such an accident can put you in a position where you have to prove that the steps taken were not reasonable enough to make the place safe.

When is Someone Considered Negligent?

Establishing the duty of care is not that hard when the property that caused the injury belongs to someone else. But if you can prove that the person was careless with the property and didn’t live up to the expectations, it is considered negligence or breach of ‘duty of care.’

Proving negligence isn’t that hard in most cases. For example, a driver is considered negligent if driving over the specified speed limit causes an accident. It can also be considered negligence if a store owner forgets to put up the “wet floor” sign while mopping the floor and an accident happens.

To make such cases a success, one may need a witness who can prove that the person was driving too fast or didn’t stop at the red light, or the owner didn’t put up any signs to inform customers about the wet floor. If the jury trusts the witness, only then you gain credibility and win such a case.

But it can also be hard to convince the jury at times. Your case may get complicated if the jury puts questions about your negligence. For example, if you inform the restaurant or the house owner about the dangerous condition and they fail to fix them. In the meantime, you get injured. The jury may ask you, “why didn’t you try to avoid the dangerous condition even after knowing it?”

In such cases, you need to establish the lack of alternatives you had. Also, remind them of the duty of care of the party-at-fault.

Once you have proven the negligence in your personal injury case, you can quote the damages you sustained, including the physical, emotional, and financial damages. In the end, it all comes down to how much compensation you want to receive. It may be difficult for you to come up with a specific amount but don’t worry. In such cases, it is wise to take legal advice from a professional consultant or a lawyer. Going for personal injury lawyers who specifically deal with a case like yours may be your best bet. And you don’t even need to look too far. You can just come to us as we have one of the best lawyers who can provide you with the right kind of support so that you can get back on your feet and leave your injuries behind. To learn more, book your consultation with us now.

Slip and Fall Injuries

It is unfortunate, but happens quite often: many of us fall, trip, slip, and suffers from an unexpected accident. And even more sadly, most of the time, it isn’t our fault. I’m Priashna Singh, and I can tell you that if you have suffered from such a slip and fall, you’re not alone. Slips and falls are more common than you may imagine; they can happen to anyone and anywhere. Especially during the winter season, the maximum number of slip and fall cases are recorded in Canada’s hospitals. Now what’s even more important is to know what the next steps should be. I am here to inform you about everything you need to know if you face a personal injury, especially when the accident is not your fault. 

Premises Liability 

The law states that parking lots, homes, buildings, walkways, etc., must be maintained for everyone to travel safely. This responsibility is termed as premises liability. 

The premises liability allows you to be entitled to compensation if you face serious injury after tripping or falling on someone else’s property due to their negligence. You can acquire compensation over medical bills and even leave from work. I can tell you that a slip and fall compensation or insurance can take away a lot of the suffering from my experience. 

Steps to follow after a slip and fall accident

I sympathize with everyone who had to go through the pain of personal injury. I understand that it is not just the pain that causes trouble, but with the accident comes along many other headaches like how are you going to manage the medical bills, how will you handle work, and you may even feel that the injury is controlling what you do. But not anymore, by remembering the following steps, you can make the situation much better and rather have control over the pain and suffering. 

I also assure you that these steps will help you build a strong legal case.

  1. Contact a Doctor: Your health should be your number one priority. Following an accident, your first instinct should be seeking medical help. You must contact a doctor so they can examine your injury properly. This way, you also have documents and medical records, and crucial pieces of evidence. The severity of your injury will also be a deciding factor when you seek compensation. 
  2. Report your accident: Wherever the accident happens, make sure to report it to the concerned person. For instance, if you trip and fall on a sidewalk in a store, report it to the landlord, owner, or manager. Get the details of the incident, like time, place, location, etc., in writing. Ask the manager or the owner to write a report and give you a copy of it. 
  3. Document: You have to document every important piece of information. Even the smallest things can support your case. Collect the phone numbers, addresses, email addresses of every witness you can. Record their statements as well, if possible. Their statements will help build your case stronger when you seek a legal claim. Click photographs of the place where you feel. Make sure to photograph the cause, icy patches, or stairs. Store your clothes and shoes in proper storage as a shred of evidence. They may help in the future. 
  4. You don’t have to give statements: if you are asked for statements that you don’t feel comfortable answering, you don’t have to. You can limit your communication if the owner or manager asks you irrelevant questions. Refrain from posting about the incident or any information related to it on online platforms and social media. You don’t have to give any statements until you have an attorney by your side. You don’t have to place blame on others and neither take any on yourself. 
  5. Contact your attorney: The only person to provide you with the best advice is an experienced attorney. Most of the slip and fall cases are complicated to prove. It is not easy to present a strong case, and for that, you need the best and the most experienced attorney by your side. As the head of the Singh Barristers, I can assure you that we provide the most knowledgeable, experienced attorneys with a great track record of successful cases. 

An experienced attorney like ours will know that the first step is to get the insurance company and the defendant’s attention. Every case of slip and fall is different, and the right attorney will know what to do and how to do the right thing at the right moment. I cannot stress more how crucial the company of an attorney during these times is. The attorneys at Singh Barristers know how things work and will you the legal assistance that you need. 

The Attorney’s Role

To pursue a legal settlement or to reach a trial, an attorney will have to prove that the property owner’s negligence caused the accident. The attorney will prove that it was not your fault, and hence you deserve good compensation. In my experience, I can tell you that it is not an easy task, and not every attorney or lawyer can achieve it. Here at Singh Barristers, we make sure that we present the fairest case to get you the most compensation possible. 

The attorney will then investigate how the accident happened and what caused it. There are so many questions and factors that the attorney has to jot down to build a good case. For instance, let’s say you fell down the stairs; now, the attorney will collect details. What kind of shoes, slippers, etc., were you wearing? Were you carrying anything? What were you carrying? Were the stairs slippery? And many other questions. 

These questions will only define how the fall occurred. The next step of the attorney is to develop questions to establish how it may have been the owner’s responsibility. Did you trip on something on the stairs? Were the stairs too slippery to walk? Were you distracted while walking up or down the stairs? Did you try to reach for help? Were the height differences in each stair different, which caused you to miss or trip over one? I have talked about everything you need to know if you ever face a personal injury. Starting from what you should do to what an attorney will do to help you. We know that actions speak louder than words, and that is what the Singh Barristers believe in. Our attorney will bolster your position, understand how your case is different, and what it needs. Do the right thing for your family and yourself and reach out to the best attorneys. A step towards helping yourself is allowing others to help you. And the experienced attorneys at Singh Barristers are always present to provide you with the best help. 

What to do After a Hit and Run?

When someone faces an injury, the repercussions are always overwhelming. When I say this, I know everyone will agree that dealing with legal matters during that time can be very difficult. Personal injury not only gives physical pain, but brings emotional stress and confusion. I’m Priashna Singh, and I understand that facing personal injuries is one of the toughest times a person has to endure. Even though it can be tough, it is still important to exercise your rights and know what you deserve. You must also ensure financial protection for yourself and your family. In many cases, the whole legal process’s idea gets people worried, and they often don’t claim their rights. As the president of Singh Barristers, I can assure you that our personal injury lawyers will take on that duty themselves to help you claim your rights and help you understand all your options. 

As unusual as it may sound, proving traumatic cases inside the courtroom can be very challenging. To make it easier, there are a few things that you need to remember. The aftermath of a personal injury is very important to ensure your safety. I would suggest that your first step should be to make sure that you and anyone else involved in the accident are safe. 

The next step is to immediately call for a medical emergency and inform the authorities. This way, the medical team will take care of the injuries, and the officers can gather all necessary information. For instance, if it’s a case of a hit and run, then the police officers will gather information from eyewitnesses. The sooner you contact the authorities, the sooner the paperwork will begin to benefit you in the long run. To claim your rights, it is important to have a strong case. It will be personal injury lawyer’s duty to build the strongest case. But for a strong case, it is important to document all information like the accident details, the record of the injuries, etc. By documenting everything, it will help you to build a strong case. 

The next very important step is to contact the insurance company. If you were in your car or any other vehicle at the time of the accident, inform the company that holds your insurance. Don’t worry if you don’t have any information on the other driver; the insurance policy will still cover some expenses.

You may have every detail and document to prove yourself, but it is still a tough task to get the insurance company to pay you. That is the reason why you need a personal injury lawyer by your side. An excellent lawyer like the lawyers from Singh Barristers will give you the best legal advice before you even file a lawsuit. 

Yes, it’ll be tough, but I can tell you that the next step will play a very important role. From the moment you can pick yourself up from the accident, start writing down everything you can remember. Don’t share or disclose it to anyone but your lawyer. Write down every little detail; even the details you may think are not important could play a crucial role. The moment you start writing, you’ll start remembering better. Note that in a car accident, if the other car damages property, you have the right to claim against that damage too. 

When a car hits you, whether while you’re walking or cycling, or maybe when you slip and fall, there’s always a state of shock that follows. In a few moments, so many thoughts may cross your mind, and on top of that, there’s the pain. While most of the thoughts are about you and your family’s safety, you must not let your thoughts take away your attention from the fact that you have the right to claim. Get in touch with as many witnesses as you can. Let’s consider the situation you miss to note the driver’s number plate, but maybe a witness did. Even if no one noted that information, a witness may have other information that’ll ultimately help the case. Even the color and car’s model can contribute a lot. Inquire if there are any surveillance cameras nearby that may have captured the car or the accident. 

There are so many scenarios that can unfold after an accident. In most of cases, there will be arguments and even worse. In the case of a car accident, the driver may not even stop. All of these things make the lawyer’s role even more important. Someone who faced the accident cannot handle everything on their own, let alone even take care of their family. At Singh Barristers, we have the most experienced, knowledgeable, and most importantly, understanding lawyers. We understand you and your position. When you have an experienced personal injury lawyer by your side, you have already won half the battle. You can then consider yourself and your family to be safer. 

I can advise you that you don’t have to confront the wrongdoer if you don’t want to. You also don’t have to answer anyone until you have a lawyer, and that is your right to remain silent. Besides this, there is another very important thing to remember that I’ll advise you. 

Many times, people make the big mistake of leaving the accident scene before reporting or meeting the authorities. This is often called failure to remain. This can cost you many demerit points. This is even considered a criminal offense, and this fact can be used against you. Regardless of whether you’re at fault or the victim, never leave the spot where the accident takes place. 

In my advice, involving a personal injury lawyer is a must. The lawyer stands in your defense and gives you the support and confidence you’ll need during the difficult times. Only an experienced lawyer like we have at Singh Barristers will help you achieve the high standard case to get you the maximum compensation possible.  An accident, in most cases, brings both physical and emotional turmoil. I understand that it is natural for someone to feel vulnerable in these moments. That is why you need the support of an experienced lawyer from Singh Barristers. These situations require prompt action and quick development. We can help you with that. The lawyers are very well-aware of how an insurance company works, and no one but them knows how to get your insurance money on time without any complications. Since nothing is guaranteed, our lawyers don’t let that thought come in the way. We at Singh Barristers believe in excellence and success. Personal injury lawyers from Singh Barristers will only do the best to get you the best results.

The actions and precautions involved in Subway Accidents

The 20th and 21st centuries have laid a strong foundation for technological advancements across the world. These technological advancements have been made in the automobile sector as well. Transportation is a vital aspect when it comes to planning cities and metropolitan suburbs. Government authorities and private corporations of all countries work on easing transportation to provide reliability and safety to day-to-day travelers. 

But for many reasons, pedestrians and travelers’ lives and health are endangered due to these modes of transportation. 

Even in Brampton, Canada, there have been many incidences of accidents due to transportation. One of those modes of transportation responsible for these accidents is the subway. The subways are a very important means of public transportation and are very necessary for travelers to commute across different metropolitan cities’ cost-effectively. But due to some unreasonable circumstances, these subways can cause harm or endanger a traveler’s life. 

I, Priashna Singh, am an attorney working in Brampton, Canada. My firm and I work for the welfare of subway accident victims, and we also possess a fantastic track record in handling these cases. We help our clients by intending to get them the compensation they deserve due to the harm caused by someone else’s negligence. Below, I have mentioned the causes of subway accidents and steps taken after undergoing such an accident.

A subway accident is a complex issue and can occur due to one or more parties’ negligence. The accident can occur from the subway driver’s poor accountability, the negligence showcased by the subway line owner (either government authorities or private corporations), and the maintenance department that looks after repairs and replacement of technical components. In some cases, even a passenger can cause harm other passengers if he/she gets on the subway with ill intent. 

Filing a lawsuit depends on the type of subway accident

Depending on the events of the accident and the loss incurred by the victim in terms of mental distress and injuries, you can contact my law firm or me to build a strong legal case for you to get proper compensation. Subway accident legal cases are very complex, and I would advise you to get all the essential legal help required by contacting our legal firm. Our firm employs experienced and talented lawyers in dealing with these cases and provides you top-notch assistance to ensure your comfort and ease, and makes the entire legal process hassle-free. 

I would recommend you take these steps to ensure an easy and uncomplicated legal process. First and foremost, after undergoing a subway accident, make sure to reach out to a nearby medical center and get your injuries and wounds treated. I believe that a person’s health and safety are of the utmost importance and should be always prioritized before everything. Subway accidents can cause severe injuries to a person’s head and joints, which require proper and immediate medical attention. Seek help from the nearby witnesses of the accident and ask them to assist you in getting to a doctor immediately. A doctor would help you with your injuries and make you feel at ease while also making a legal, medical certificate to build a strong legal case to present in court.

After getting all the necessary medical treatment, reach out to the subway accident area, and get in touch with the responsible platform officials. You must convey your grievances and get the necessary information about the total incident from the assigned official dealing with the accident. Make a detailed note of the time, place, and causes of the accident, and make sure that you get the official’s signature on that note. Doing this is crucial as it poses an important legal document while presenting the case in court.

As I mentioned earlier, collecting all the relevant pieces of evidence is essential in building a strong legal case. Therefore, making a detailed list of all the necessary documents is important. Make sure that you stay in touch with other victims of the accident and witnesses. Witnesses are at the forefront of leading a legal case and help establish a strong case. Also, when you visit the area of the accident, make a note of the accident causes. Jot down the names of the people who have been negligent and mention the name of the authority they work for. If possible, take pictures and shoot videos of the accident area as proof of what you experienced. 

Last but not least, make sure to contact my law firm or me at your earliest convenience. As I stated earlier, our law firm employs the most talented and hardworking attorneys who are ready to assist you 24/7 in composing a strong and sturdy legal case. We aim to help you get the compensation you deserve due to the trouble and stress caused by other people’s negligence. We have a brilliant track record and performance history in dealing with these cases, so you can feel at ease and leave everything to us. Subway accidents can be very dangerous and can even be fatal in some cases, so passengers and pedestrians need to be diligent all the time. In Brampton, the number of major subway accidents has receded drastically over recent years, but there has been a rise in slip and fall accidents near the subway stations and channels. Make sure to be cautious and aware while walking or passing through a newly constructed subway station. A newly constructed subway station can be slippery and can contain undug holes/patches. Try to take the utmost care and show high prudence while venturing through such newly constructed areas. 

Injured on Vacation

For most of us, it’s been exhausting sitting at home for the majority of the year. The pandemic is really making us miss those unplanned vacations even more. When thinking about a vacation, the things that come to mind are either the beach, fresh air, or the overall stress-free vibe. Never do we ever think about getting injured to an extent where our first-aid kit won’t be of much help.

I can understand how difficult it can be to work things out in these situations. The only thing I can tell you from experience is that you have to be ready for even the worst cases while planning your vacation.

It can be really traumatizing to see your vacation being interrupted by an injury when you are in a place outside of Brampton. It isn’t just the physical and mental trauma, but also the legal issues that come with an injury. There are a bunch of misconceptions when it comes to insurance coverage in and out of Brampton. But don’t worry, because I’m here to help you clear your doubts!

Travel insurance – good or bad idea?

Are you wondering whether you should have travel insurance or not? Having travel insurance can be a good thing under the right circumstances. The good thing is that you can purchase travel insurance easily from a private insurance company, travel website, airline, etc. The travel insurance usually covers your medical bills caused by an injury or covers for any stolen luggage.

The best thing you can do is research before going out of Brampton or Canada. Travel insurance can help you prevent huge expenses that can ruin your trip. That is why it is crucial to do your research when choosing the right insurance plan and see what the plan covers and how you can redeem funds/compensation during a crisis.

Injured while vacationing – What do you do now?

Whether you are on vacation outside of Brampton or outside of Canada, there are certain things you must do to protect yourself. For starters, if you are injured, make sure that you immediately inform your hotel where you are staying along with your travel agency and the insurance provider. Doing so will make sure that help reaches you as soon as possible. Apart from them, it is very advisable to get in contact with the Canadian Consulate in the destination’s jurisdiction. They will be better at providing you with the information for emergency services along with reaching out to your family and relatives.

If you are traveling to a place where the language spoken is foreign to you, you should be prepared to find yourself a translator. A translator becomes a necessity when communicating with the medical team or emergency services during a crisis. The best way to reach out to a translator is by contacting the hotel you are staying in or contacting the consulate. Doing these few things can help in avoiding your situation from getting worse.

Important things to remember

Apart from what was mentioned above, there are some additional measures you can take. In my experience, it is best to start your journey by having copies of your travel documentation with you all the time. Also, remember to leave the same at home so that the family can help you during an emergency. While you are at the destination, make sure that you document everything. One of the examples is the witness contact. Doing so can be especially helpful when an injury has taken place due to someone else’s negligence.

In case there’s any law enforcement involved with your case, ensure that you document their contact information and the documentation of the medical expenses as well, so that you have everything you need to establish your case once you come back to Brampton.

Most importantly, in my opinion, you must reach out to a personal injury lawyer. Not only does the lawyer provide you with legal assistance, but they can also be massive support in a time when you need it the most. A lawyer can help put your case together and give you the best legal advice so that you can get the compensation you deserve for your injuries.

How legal representation can help you

One of the biggest reasons why people choose a personal injury lawyer is the peace of mind. When going through a critical time and recovering from the injuries sustained, all a person needs is the assurance that there’s a helping hand. The best part is that you don’t need to pay until compensation has been received from the insurance company. But before knocking on an insurance company’s door for compensation, you must remember that every case is different and can have a different outcome. That’s why it is very important to reach out to someone who has your best interests in mind.

For these cases, I’d advise you to come to us. Our team of personal injury lawyers is well-experienced and knows how to handle injury cases that may involve vehicle accidents, slip and fall accidents, or other serious accidents that can cost you more than your physical well-being.

Our team will fight for the compensation that you deserve so that your physical, mental, and financial recovery doesn’t suffer after the accident. So, if you are wondering where to go or what to do after your accident (while traveling outside of Brampton), just reach out to our team.

We’d be happy to help you in putting your case together, along with helping you find the right medical and legal assistance so that you don’t feel unsafe away from home. Whether you are injured in Brampton or outside of it while traveling, you can get dedicated personal injury lawyer services with us. We can help you recover from financial loss and avoid any delay so that you can move on with your life comfortably. To get our services, call us to book your consultation now.

Tenant’s Slip and Fall Accident, a liability of Apartment Owner?

Property owners in Brampton are well aware of their duty of keeping the premises safe. Whether it is an office space or a residential property, it becomes necessary to ensure that nobody gets injured. 

That’s is why many property owners choose to do frequent safety inspections. If the premises’ hazardous conditions are found to have injured someone on the property, the consequences can lead to the owner being accountable for a slip and fall accident. 

So, if you are renting an apartment and have experienced a slip and fall accident, you must be questioning whether the landlord is liable for it or not. Don’t worry because I, Priashna Singh,  can help you answer this question. 

Here is something that can help you determine whether the apartment owner is liable for your slip and fall accident. 

Negligence from Owner’s End

The most important thing that makes an owner accountable is negligence. This can determine the success or fall of your case. If you can prove that, you can win your case along with the compensation that you deserve. 

You either need to prove that the owner himself/herself created the unsafe environment or had knowledge of it but didn’t take the right actions to fix it. In my experience, it’s usually the second one. 

Owners tend to neglect their duty of fixing problems with their property, most importantly, when someone’s renting it. So, if you can prove that they already knew about it, you may have a chance to win your case. 

It also goes without saying that to prove the owner liable for your slip and fall accident, you need to show that the owner had already known of it and yet didn’t improve the premises’ conditions. If not, you will be considered liable for your injuries.  

Slip and Fall Liability Claim – The Reality

It may sound a little easy right now as I tell you about how you can go with your case. But it’s not usually easy to convince a jury. Slip and Fall accidents are rather common, and there are several cases where it becomes almost impossible to prove the owner’s liability. 

Let me explain this with an example. Imagine you slip on the floor due to a leak in the ceiling pipe. Now your case’s success is supposed to depend upon whether you have already told the owner about the leakage or not. 

It goes without saying that if the owner had no idea about the leakage, you can’t hold them accountable for your slip and fall injuries. It automatically points towards the fact that the injury could’ve been avoided if the owner had known about it. 

Another scenario that might occur is that you tell your owner about the leak. The owner says that he/she will act on it or delay the procedure. But before any action could be taken, you became a victim of that damage. In such scenarios, the property owner can be deemed liable for your slip and fall accident. 

But in reality, things can take unpredictable turns. In my experience, I’ve seen the jury pointing fingers at the tenant sometimes for not being cautious after informing the owner about the leak. This can turn the case against you and make it hard to get compensation for your injuries. 

I’d personally suggest you first consult a legal professional like me to handle your case. Going about your case alone can be mentally exhausting when you’re already going through financial and physical distress. 

Know What’s in the Lease

Another most important aspect that can decide whether you win your case or not is the lease. Always check the lease before signing and before deeming the owner liable for your slip and fall accident. 

This is important for cases where you fall right outside the property on a sidewalk due to ice. If the lease doesn’t mention it, you may be able to prove the owner’s liability. 

But if the lease says that taking care of the sidewalk, including removing the ice, is your responsibility, then you can hold the owner accountable for your injuries. 

The same goes for any foreign substance that the owner doesn’t know of. If the injuries are caused on the exterior part of the property due to some foreign substance, you can’t put the owner liable for your slip and fall accident. 

What you can do-

Usually, when you see hazardous conditions of the property, you must inform the owner. You can also try to avoid using that area or place (if possible) until it is fixed to prevent any injury. But if the slip and fall accident has already occurred, there are a few things that you can do to help your case. 

For starters, take as many pictures of the accident as you can. Pictures can literally do more than any word you will say in front of the jury. I’ll also suggest you reach for medical help as soon as possible. This is not a fight with your own, but a struggle to keep your physical and mental health intact. The whole point of going through all this is to make sure that you recover with minimum damages to your physical, mental, and financial well-being. Take all the help provided by medical professionals. Also, go back to work, if it’s possible. It will help you deal with the mental stress. 

I’ve seen a lot of people hiding facts during such cases. It may seem like a good idea to receive faster compensation, but it is not always best to lie. First of all, when you lie, it becomes impossible to back your claims with facts. And you surely don’t want to be caught lying in the court of law as things may not go down very well for you.  Proving the owner’s liability in a slip and fall accident can be challenging as well as complicated. This is why it is best to hire my team of personal injury lawyers to represent your case. I’d suggest you contact our team of lawyers. They can provide you with the best legal consultancy and help you determine the liability in your slip and fall accident. Schedule your consultation with us now.

SUCCESSFUL CAR ACCIDENT SETTLEMENTS

What do you do if you are a passenger in a car accident? Should you file a personal injury lawsuit or settle the claim? Hello everyone, I am Priashna Singh, president of Singh Barristers, Personal Injury Lawyers and here is my guide for a successful car accident settlement.

Being a passenger in a car accident can be stressful and confusing. But the injured party has the right to be fully compensated for any loss, including the medical bills, lost earnings, or any other accident-related expenses.

INJURED PARTY RIGHTS FOLLOWING A CAR ACCIDENT

The first and foremost thing you should do is stay calm, take care of yourself, and seek medical treatment. As you have the right to claim, collect as much information and evidence to support it.

Here are a few things that you should keep in mind if you are the injured party.

  • SEEK MEDICAL TREATMENT- As I already said, taking care of yourself is most important if you are in a car accident. Meet a doctor on the same day and follow up in case of any pain or symptoms. Make sure you also check upon the injuries of all the parties involved.
  • MAKE A RECORD- Try to note the accident’s details by writing it down or by recording it. They will become evidence for your claim.
  • MOVE THE VEHICLE- Move the vehicle out of the active traffic lanes if it is safe.
  • GET THE POLICE REPORT- Contact the police to obtain a copy of the accident’s police report. It can act in your favor and help identify who was at fault.
  • AVOID DISCUSSING THE DETAILS WITH OTHER PARTY- Whatever you say could be used against you. Other than exchanging names and contact information, try to avoid discussing any other details regarding the accident.
  • CONTACT YOUR INSURANCE COMPANY- Inform your insurance company about the accident and provide them with the necessary information. The faster you do so, the faster the process will begin to file your claim.

In my personal experience, the passenger involved in car accidents has very limited information and asks too many questions. The following are some of the most-asked questions.

WHO PAYS THE INSURANCE IF I AM INJURED?

The injured party can seek compensation after confirming certain facts. In a general case, the other driver is responsible for paying your medical bills. However, do not directly get involved with the other party’s insurance company. Let your insurance company take charge. If you have Med-Pay under your policy, you can use it to reimburse all your medical bills.

CAN I BE AT FAULT?

In most cases, no, but if the accident was caused due to the intoxication of the driver and you still chose to ride with them, you may not receive any compensation. You will also not be allowed reimbursement if you were not wearing your seatbelt during the accident. The court has often denied recovery to the injured party if they willingly rode with an impaired driver. So, never ride with someone who is intoxicated because the law is not on your side.

WHAT IF THE DRIVER IS MY FAMILY OR FRIEND?

Although it can be uncomfortable for you, even if the driver is your immediate family or friend, you can still claim compensation.

WHAT HAPPENS IF I CAN’T RESUME MY WORK DUE TO MY INJURIES?

If the injuries sustained from the accident disable you to resume your work, you can claim compensation for lost wages or future earnings. You can also claim this compensation if you can return to your job, but no longer able to do the work you could do before the accident, and your wages are cut.

A passenger in a car accident can claim many benefits. Here are some of the benefits the injured party can claim.

  • INCOME REPLACEMENT BENEFIT- The injured party can claim income replacement benefits after a car accident if they have lost their job due to the injuries or cannot continue with it for the time-being. The passenger is compensated with a portion of their original wage.
  • NON-EARNER BENEFIT- Someone who doesn’t qualify for the income replacement benefit can claim a non-earner benefit. It can be availed by anyone above 16, who is a full-time student or a fresh graduate without a job.
  • CAREGIVER BENEFIT- If, after the accident, you acquire a disability or an injury that requires you to hire a caregiver, then you can ask the one at fault to provide you with resources for the same.
  • ATTENDANT CARE BENEFIT- The attendant care benefit is more specific than a caregiver benefit. The injured party qualifies for it if they need a caretaker for their daily life activities such as bathing, cooking, cleaning, etc.
  • MEDICAL AND REHABILITATION BENEFIT- As I already discussed earlier, the injured party has the right to claim medical compensation if they are injured in a car accident. Categorizing the injury correctly plays a crucial role here. It can help the injured party gain the most benefit.

HIRING A PROFESSIONAL LAWYER

Injuries caused by accidents come under personal injury cases. These types of cases can be quite complex at times. My best advice is to hire our team of personal injury lawyers. Our lawyers will negotiate on your behalf and help you claim the most benefits. Here are some of the advantages of hiring my team of professional lawyers for your car accident settlement case.

  • KNOWLEDGE OF LAW- There are various laws related to your car accident case. Without any professional help, your case can become weak, and you can even lose the chance of receiving any compensation. If the case goes totally out of your control, you may end up giving compensation to the party at fault.
  • NEGOTIATE FAIR COMPENSATION- In cases like these, even your insurance company may give up on you. To attain fair compensation, you need someone who will fight for you. To negotiate against insurance companies with a team of professional and experienced lawyers, you also need the same. Otherwise, manipulations can occur easily.

Hiring professional help will only increase your chances to attain the most out of it. We will help strengthen your case and make sure that you do not fall into anyone’s trap. We will guide you at every step. You will feel at ease while fighting for your rights.

Seven common mistakes made by drivers after a car accident

Accidents have been a very common occurrence in recent times due to vehicle congestion on roads worldwide. Accidents occur for various reasons and can cause severe injuries or result in death. Drivers must ride their vehicles legally and in the utmost safety and prudence. As I mentioned earlier, accidents can cause harm to life, property, and damage to other cars. This harm or damage can create a huge ruckus, and the person in question has to take a proper legal approach to solve the matter.

Therefore, I, Priashna Singh, highly recommend seeking help from my law firm or me to get through all the legal dealings involved in a car accident. Many people involved in car accidents make big mistakes when dealing with the accident on their own and end up paying a huge compensation or facing a sentence. Below, I have mentioned some of the most common mistakes drivers make after a car accident.

1] Ignoring medical aid: Accidents can cause severe injuries and can even put your life at risk. I believe a person should always prioritize his/her health over everything because good health ensures a good future. Immediately after getting involved in an accident, try to get assistance from people around the area to reach a nearby medical clinic. Get all your wounds treated by the doctor and note a line of action to be followed to properly treat the injuries. Also, get a medical certificate from the doctor which mentions the cause and severity of the wounds. This medical certificate is an important document for legal proceedings. 

2] Ignoring important evidence: The area of the accident is full of evidence and witnesses. These witnesses are very crucial in providing an honest and rightful picture of the accident. After getting proper medical treatment, make sure to return to the accident site with one of your colleagues and try to collect any evidence you can find. Also, get in touch with the witnesses near the accident site and take their statements about the same. Share your contact number with them and convince them to represent your case as an eyewitness in court, if necessary.

3] Hesitating to report the accident: If the damage done by the accident exceeds a normal limit, it is mandatory to report it to a nearby official body. The official authorities take the necessary legal action involved in car accidents and assist you whenever possible. Filing a report shows that you are a responsible citizen of the country and diligently follow all the constitutional laws. This report is the first step of the legal process that begins right after the accident. Ensure that the report contains all the information pertaining to the time of the accident, the site of the accident, the medical report, and the witnesses/evidence involved. 

4] Confessing fault for the accident: Accidents occur due to the negligence of drivers, bad road conditions, pedestrian negligence, and many other reasons. You may think that the accident might have occurred due to your negligence and might think of confessing your fault to the authorities, but do not do so until a proper forensic investigation occurs. The investigation will dig up more evidence and proof, which will showcase a proper reflection of the accident. If you admit your fault without any evidence backing it, you may entangle yourself in many legal restrictions for no reason. Ensure that you just report the accident to the authorities and allow them to take all the necessary actions according to their legal procedures.

5] Keep the accident’s events restricted to your close ones: The more people know about the accident, the more ruckus it will create. Accidents can create mental and physical stress on a person’s body, so he/she may feel it necessary to share their grievances with their close ones. Close friends and relatives make you feel comfortable and relaxed and help you find solutions to problems. But if you share your grievances on social media platforms, unimportant and hideous people may interfere in your misgivings. Avoid this scenario at all costs, as this may add fuel to the fire. All the accident events may get dragged onto social media, which will lead to unnecessary interference from uninvolved people. These events may put more stress and grievances on your shoulders and create a very chaotic situation.

6] Do not readily agree to any compensation: Accident cases often deal with compensation fees and settlements. Accidents lead to the hampering of physical and mental health, property damage, and fiscal losses. The victim of such an accident suffers from physical and mental pain and deserves to get a compensation fee from the person in question. This compensation fee is decided on by considering many factors from the accident. Some of these factors involve the damage to the victim, the victim’s age, property damage, and more. After considering all the factors, the compensation fee is discussed with the authorities, and they decide whether this compensation fee is sufficient for the victim. So, you mustn’t settle on the compensation fee provided by the person in question or your insurance company without evaluating all the details related to you and the accident.

7] Not taking legal assistance from an attorney: Accidents can cause damage to property and human lives, so it takes a legal angle. These legal activities require a proper and sturdy process that involves everything from collecting evidence to filing a legal case. These proceedings are difficult to deal with if you have no legal experience, so you must contact me as soon as possible. Contacting my law firm or me for assistance in the accident’s legal proceedings reduces the mental and physical toll taken on your body after the accident. The designated attorney takes care of everything involved in making a proper legal case and helping you get the compensation you deserve. My law firm also makes the documentation process and accident area evaluation very easy and comfortable. We also maintain the client’s security and safety until all the legal proceedings are handled.

Motor Accidents: Causes and Legal Lines of Action

Motor accidents have been on the rise across the world. Due to the massive outbreak of the virus, the use of public transportation has reduced tremendously, which has led to people using their vehicles to commute between different suburbs and metropolitan cities. Such high traffic levels often lead to severe or minor motor accidents. If a person has been involved in such an accident or has been a victim of one, he/she has to take necessary legal help to get proper compensation or prove innocence or guilt.

I, Priashna Singh, am an attorney working in Brampton, Canada. My firm and I work towards helping our clients involved in such motor accidents with court proceedings and also help them get the compensation they deserve. Motor accidents are on the rise, and dealing legally with these accidents is mandatory in today’s world. So, make sure that you get in touch with my firm or me in Brampton to get any assistance for dealing with the legal side of motor accidents.

Motor accidents can take place due to many different conditions. The causes can be due to some natural phenomena or due to the vehicle driver’s negligence. The legal proceedings vary from one cause to another. Below, I have mentioned some of the most common causes that lead to motor accidents.

1] Negligence of drivers: One of the most common and frequent causes of motor accidents is drivers’ negligence. Drivers and pedestrians should diligently follow road safety regulations. Negligence for even a fraction of a second can lead to a major accident that can endanger the driver and innocent pedestrians’ lives. Drunken driving has resulted in many motor accidents across the world in recent years. It is the duty of every registered and licensed driver that he/she is not under the influence of alcohol while driving a vehicle. Also, many motor accidents occur due to the driver’s ongoing telephone calls while driving his vehicle. Automobile corporations have come up with hands-free mode and Bluetooth facilities installed in the vehicle beforehand. Every driver should ensure that he/she prioritizes safe and secure driving by enabling the Bluetooth option whenever there is an urgency of making or receiving a phone call.

2] Poor road conditions: Poor and unrepaired roads endanger the lives of the drivers and pedestrians. Potholes and patchy dents on the roads result in worsening the vehicle’s and driver’s health. Sometimes, because of poor road conditions, a vehicle may lose its balance and composure and collide with something off-road, which may risk many people’s lives. Government authorities and private organizations should make mandatory monthly repairs and checks of the roads to ensure safer and smoother commuting.

3] Unrepaired and defective vehicles: As I mentioned earlier, the driver’s negligence is one of the most common causes of motor accidents. Vehicle maintenance and servicing is the duty of every vehicle owner. Constant use of a vehicle results in wear and tear of some components, which require immediate attention and action. The owner of that vehicle must see to it that those defective components are either repaired or replaced to ensure an efficient and unproblematic condition of the vehicle. Small defects can hamper a vehicle’s condition while in use and may result in a motor accident that endangers many people’s lives. So, make sure you keep a regular check on your vehicle and ensure its proper maintenance. 

4] Traffic rules and regulations: Municipal authorities worldwide have set specific standards that are to be followed by drivers of that specific area. Speed limits, pedestrian and animal crossings, horn restrictions, and reserved area standards are set in certain areas, which are to be diligently followed by drivers. Lack of concern and respect towards these standards results in mishaps and motor accidents that endanger people’s lives. Every responsible driver must follow these set standards while driving his/her vehicle. Also, respecting the basic principles of traffic signals is very necessary. Ensure that you follow all the standards wholeheartedly and make your overall driving experience safer and more memorable.

These are some of the reasons that lead to motor accidents in Brampton and across various parts of the world. If you have been involved in an accident in some way, below are the steps you should immediately follow to make a strong legal case in court.

1] Get proper medical treatment: If you are a victim of a motor accident, I would recommend taking proper medical treatment immediately after the events of the accident. I believe that a person should always prioritize his/her health and well-being over everything. Get your wounds treated and buy the medications mentioned by the doctor. Also, compose a medical report from the doctor, which has proper details about the doctor’s consultation time and action. This medical report can be used as an important document in strengthening our legal case against the authority in question.

2] Make a detailed report of everything: After getting the necessary medical treatment from a certified doctor, make sure that you visit the scene of the accident, and contact the person or persons in question. Take pictures and videos of the accident spot and get in touch with nearby witnesses. Try to get statements from the witnesses and make a detailed report of all the findings. Make sure that this document is verified and signed by the authority in question. 3] Contact my firm or me at the earliest: Motor accidents cause massive emotional and physical distress to the victim. This can take a heavy toll on the victim’s state of mind, and this is where my firm and I come into the picture. I can assure you that our law firm takes all the necessary actions for the client’s benefit. We believe that every innocent victim of a motor accident should get the compensation they deserve without stress and hassle. For that, we employ very talented and hardworking attorneys who work 24/7 to fulfill all the demands of our clients. We make sure that no stone is left unturned, and in the courtroom, we represent our client in the most remarkable way. If you are involved in any motor accident or if you know anyone who has been a victim of the same, make sure that you get in touch with me as soon as possible. 

Rules on wills and probates in Canada

A will is written to ensure that any assets an individual has are distributed in accordance with his or her preference once he or she dies. When you document the last wishes, it is important to seek professional assistance from an experienced and licensed legal professional. Our wills and estate lawyers Brampton, can prove very helpful in such a case. 

Our lawyers are knowledgeable and experienced in different aspects and laws that govern estate planning and will. It is important to get guidance to ensure that you are aware of all the available options. This ensures your loved ones are catered for, even in your absence. 

Succession rules

Restrictions and rules govern the succession and disposition of assets or property of an individual. The rules vary from one jurisdiction to the next. 

The property of an individual is usually vested in the personal representatives of that individual after they die. There are cases where individuals create a will and go a step further to appoint their executor. The executor acts as a personal representative. The property disposition is guided by the terms specified within the will. 

In case a person dies but does not leave a will. Then the estate administrator becomes the personal representative. The courts appoint this representative. The disposition, on the other hand, is governed by the territorial and provincial intestacy rules. 

In the civil laws of Québec, a deceased person’s property administrator is referred to as a liquidator. The terms apply whether the person died intestate or testate. It is up to the liquidator to liquidate succession. 

When an individual has the requisite mental capacity, they can freely dispose of the property as per the will. When adequate provisions are not made for dependents, they can claim support. 

Some properties do not vest in the personal representative once they die. When an asset allows beneficially designation, such as registered savings pension plans and life insurance, it will directly pass to the beneficiary.

Intestacy

When a person does not leave a valid will or leaves a will without disposing of the whole estate, the estate’s governing is done per the provincial statute. Generally, the estate gets divided among issues and spouses of the deceased. It can also be distributed to the next of kin, who is closest if there is no issue or spouse. 

Restrictions and rules governing wills

Our Brampton wills and estate lawyers can offer guidance of the rules and restrictions that govern wills. The formal will’s validity relates to any movable property and is governed by the testator’s domicile during the creation of the will. The immovable property location usually governs the formal validity of the will relating to immovable property. 

The common law in some jurisdictions in Canada has been amended. The testator’s domicile or location where the will is made, nationality, or habitual residence can govern the will’s formal validity relating to the immovable and moveable property. 

Formalities

Will needs to be presented in writing. They should have the testator’s sign and have to be executed before two witnesses. The two need to be present together. The only exception to this is the case of holograph will. This is a will that is done in the handwriting of the testator. In most territories and provinces, the holograph is valid. The testator has to be in the right mental capacity for such a will to hold water. He or she must know everything contained in the will and must approve. 

Wills should not be executed because of undue influence. A will can also be notarial. This means that a notary must be present during the signing. A witness must also be available. 

Wills are not available publicly up to the time they become probated. After it is probated, the will forms part of public records unless sealed off by the courts. 

Establishment of validity based on jurisdiction

Our Brampton wills and estate lawyer understand how important it is to establish validity. We understand the applicable Canadian laws and can assist in different aspects of the law in Brampton. A will has to reach all the requirements that make it valid within the applicable Canadian jurisdiction. When this is the case, it means probating confirms its validity. There is a judicial process called probate, where the original copy of the will is submitted to the courts by an executor. Notaries may probate a will if no one is challenging it. 

Requirements vary from one province to the next, and that is why you should contact us for help in such a case. The individual propounding the said will has to submit an application within a prescribed form and notify anyone interested in the estate about such an application. When minors are involved, or persons who happen to be incapacitated mentally, the government agency involved should be notified. This could be a trustee, a public guardian, or a children’s lawyer.

Probate is usually granted as per the written application, and no formal hearing is required. However, a hearing may be needed when probate is sought when the will is destroyed, lost, or the original is not available. 

Conclusion

Losing a loved one is never an easy thing, especially for loved ones and dependents. When such times hit, people who have some interest in the deceased estate can start acting irrational and cause breakdowns and conflicts, especially when some feel like they are being hoodwinked. 

The deceased may leave a will that the family does not agree with, or someone may feel like they have been excluded even though they are rightfully entitled. This is what causes great conflict between beneficiaries. 

There are also instances when a person dies without a will, and more conflict ensues. 

Contacting our wills and estate lawyer in Brampton means having peace of mind during difficult times. We can help you create a valid will and guide you through the process. We can also help in the execution of the will following all the guidelines set out in law. In case no will was left, or one wants to challenge the will, we offer guidance and follow all legal procedures to ensure that justice is served and the law is observed.  Contact our wills and estate lawyer in Brampton and get started. 

Filing A Wrongful Death Lawsuit: What You Need to Know

The sudden loss of a loved can be a tragic and traumatic life experience, even more so when their demise is caused by the reckless acts of another.

Wrongful death is not only devastating, it can also lead to significant financial consequences for the family members. Filing a wrongful death lawsuit can somehow help the surviving family gain a measure of justice and receive compensation for their loss.

What is wrongful death?

A wrongful death is a death of a person caused by the negligent actions of another party. When such misfortune happens, the family of the deceased is entitled to file a wrongful death claim and pursue monetary damages for the economic and non-economic losses related to the decedent’s passing. An experienced wrongful death lawyer can help the family of the deceased identify the person or entity responsible for the wrongful death.

While money cannot, in any way, compensate for the life lost, the wrongful death claim seeks to relieve the family of the financial consequences resulting from the wrongful death.

Like other personal injury claims, a wrongful death claim will also require the plaintiff’s party to provide the following burden of proof:

1. That the defendant owed the victim a duty of care;

2. That the defendant failed to provide duty of care;

3. That the wrongful death directly resulted from the defendant’s failure to provide this duty of care.

Cases That Can Give Rise to A Wrongful Death Claim

Individuals and organizations can be held accountable for a wrongful death. Any death caused by the reckless conduct, negligence, or intentional criminal act of another person or entity can result in a claim for damages. Some of the most common causes of wrongful death include:

  • Car accidents               
  • Motorcycle accidents
  • Workplace accidents
  • Medical malpractice
  • Defective products

Wrongful death attorneys are usually involved in settling wrongful death claims or filing a wrongful death lawsuit. They can help the decedent’s family build a strong case against the defendant and seek the highest compensation possible for their loss.

Are you eligible to file a wrongful death lawsuit?

The law allows the decedent’s family members to pursue legal ramifications in case of a wrongful death. According to the Family Law Act, the following relations are entitled to file for and receive damages from a wrongful death lawsuit:

  • Spouse
  • Children
  • Parents
  • Grandparents
  • Grandchildren
  • Siblings
  •  

The settlement for a wrongful death lawsuit can be paid out in a lump sum or in divided portions among the claimants. If there are minor children entitled to the claim, their share of the settlement may be held over until they are 18 years old.

Damages Awarded in A Wrongful Death Lawsuit

A wrongful death lawsuit seeks civil remedy against a party who is legally at fault for the death of another individual. Monetary compensation may be awarded to the victim’s family for their loss.

After having established that their loved one’s death was indeed due to a wrongful act, the surviving family can collect the damages that the deceased would have been entitled to had they lived. The family will also receive compensation for funeral expenses and intangible losses attributed to the death of their loved one.

Wrongful death damages can include:

  • Medical expenses (hospital stay and prescription costs of the deceased)
  • Funeral and burial expenses
  • Loss of future economic support
  • Loss of income by grieving family members
  • Loss of companionship
  • Loss of potential inheritance

The damages in a wrongful death claim are generally difficult to calculate. There are plenty of factors to take into account including: the victim’s age, life expectancy, earning capacity at the time of death, and number of dependents, among others. Punitive damages may also be awarded if the death was a result of intentional harm to the victim.

The plaintiffs will need the help and guidance of expert wrongful death attorneys to come up with the best monetary figure for their claim and defend it in court.

Seeking Legal Help for Wrongful Death

There is a statute of limitations for filing a wrongful death lawsuit. In Ontario, the decedent’s family has two years from the time of death, but it is best to file the lawsuit as soon as possible. Waiting too long before taking action might ruin your chance of gathering strong evidence and proving your case.

If you think your loved one’s death was caused by the reckless behavior or deliberate act of another, consult with an attorney right away. Seeking legal advice may not be a priority as you deal with the grief of losing a family member, but it’s a necessary step to understanding your rights and determining your position to pursue a claim.

 About the Author 

Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books, and playing minigolf with her friends and family in her spare time.

Priashna Singh – All you need to know about your Future actions in case of a motor accident emergency

Introduction:

Motor accidents are increasing with each passing day, along with the victims of personal injury and trauma. Most of us have been through the trauma of a motor accident and personal injury. Panic strikes the motor victims after the accident leading to trauma. The knowledge of how to handle a personal injury is essential. I, Priahna Singh, the head of Singh Barristers, insist that all my fellow citizens have to know what they need to do in case of a personal injury or motor emergency. As humans, we all panic in case of an emergency. Knowing the right course of action during such a panic state can help you save your loved ones and get your rightful claims. You can do a few things to improve the situation of the victim and thereby reducing their trauma.

Vigilance:

Yes, vigilance is the first thing you need to tackle the situation to control the panic. Be vigilant. Be aware of your surroundings. In case of an accident, call the police and get the victims’ immediate medical attention. I think saving lives have to be our priority in case of an emergency. Get immediate medical or professional help. The motor emergency cases often involve themselves with the police investigation. Your statement to the police is and can be everything. So, talk about the truth. Say to them only what has happened. Nothing more, nothing less other than the exact and actual sequence of events. Giving your speculations about the incident may help others in proving a point against you. Remember, Honesty is the best policy.

Information:

You need to get as much information from the accident site as possible. You need to look for the names and numbers of the opposite vehicle, the vehicle owner, and the vehicle driver. The information makes things easy for both of us. As a barrister, I see many personal injury clients every day. Due to the panic during the mishap, most of them do not acquire the above information. We barristers will get that information for you, in case you can’t get it. Additional information about the place of the accident, such as the road conditions, the weather conditions, the direction the vehicles are moving in, the speed of the vehicles, etc., will be very helpful for us.

 You can find all of these in a police report. I insist on getting a copy of the report for yourself. Knowing where your vehicles are towed after the accident is essential for the recovery of your vehicle. Even if you don’t know any of these, don’t worry. My Singh Barristers will take personal responsibility to get all the required information for further proceedings.

Get Your Appointments Right:

You can let your insurance company know about the accident. Get your forms and fill them before the deadline. Getting in touch with your insurance company is very important for getting the success of your claim. Get your doctor appointments and checkups done. They help you to stay in good health. Personal injuries caused by motor accidents are not always physical and noticeable. The appointment with your physician or doctor can reveal any internal injuries, thereby saving the life of your loved ones. I urge all of you not to delay your medical appointments. I insist that you make an appointment with one of our lawyers. We are pioneers in resolving personal injury claimant issues. You have to narrate the sequence of events that happened to your barrister. 

The Tag Team:

We, along with your doctors, are on your team. Do know who’s on your team. Don’t talk to the insurance companies that pursue you. In case of an accident, there will be two insurance companies involved. Be sure to let us know before taking with the insurance companies. I think that letting your insurance company advocates know your version of the accident makes it harder for you to get the claim. I suggest all the claimants stick with the tag team. You have to pass the legal advice to your doctor and vice versa. It eliminates the possibility of double standards.

 I insist on not discussing the matter with your insurance company, let alone sign them a release. Most victims sign a release without even knowing that it is a release. Therefore it is with your best interests in my mind, I suggest that you do not communicate with your insurance company without a barrister. You can let them know that you’ve been through an accident and nothing more. Don’t plead guilty what so ever. Let us handle it even if it is your fault.

Maintain Records:

The police will have all the evidence and proofs, but it is good to maintain a record of things on your own. You may record all the information you gathered from the accident site by clicking pictures of them. Click the pictures of the damage done to your vehicle, property, and your body. You can claim all the amount with sufficient proof. Note down the dates of all the pictures you have taken. Don’t fix or restore any of your damaged property before taking a picture of them and recording the date. As a barrister, I know the value of those self-made records. In many instances of my career, those self-records have won the claims.

Know Your Damages:

 Here, the damages include all the losses you suffered because of the accident, during, and post-accident. The medical charges, the expenses you made for taking care of the victim, and the income loss come under your damages. Your insurance company has to pay you for all these damages. Our lawyers help you get to the bottom of the process of claiming and identifying all your damages.

Getting a good Barrister:

Despite having good evidence and reports, most claimants don’t win their claims. According to my understanding, it is because of two reasons. The first is that most of us underestimate the insurance companies. The second is that most hire inexperienced advocates. I am proud to say that we at Singh Barristers neither underestimate the insurance company nor inexperienced in clearing our trusted claimants’ claims. We understand the tricks and trades of insurance companies. We have faced some very big names in the past and are willing to face many more for the sake of our claimants.

The sooner you contact us, the better. I have witnessed people lose their claims because they did not act fast. I urge all the victims and claimants to consult my barristers as soon as possible.

Understanding Occupier’s Liability Claim

If you’re unaware, an Occupier’s Liability Claim in Brampton is something you file against a property owner when his/her negligence can cause injuries to someone on the property. The usual cases involve injuries due to Slip and Fall on wet or icy surfaces or trip and fall due to uneven surfaces. 

Occupier’s Liability, in general, is a field of English Tort Law that reminds the owner about the duty of care of real property to those visiting or trespassing. Brampton’s Occupier’s Liability Act was established back in 1990. 

It states that the premises owner must take reasonable care to ensure that the visitor and his personal property remain safe while he is on the premises. The act talks about the Liability that may come up in accidents due to the property’s dangerous conditions. 

What are the Key Takeaways of the Act?

There are some crucial outlines in the act that one must know of – 

  1. Who is considered as an occupier, and what is the difference between a visitor and trespasser? 
  2. It also talks about the true definition of a premises/property and what counts as a part of ownership.  
  3. What are the obligations of a landlord being the occupier of the premises? 
  4. The act also discusses the duty of an occupier about how the premises should serve as a safe environment to prevent any injury. 
  5. The act also talks about the exceptions to an occupier’s Liability when there are conditions such as a case of trespassing or a case of injury caused during criminal activity’s pursuit. 
  6. It also discusses the special contracts that may affect the owner’s Liability or may not. 

Slip and Fall Accidents – What Else is Liable for Injury Claims?

There are many reasons why the premises can be claimed as hazardous. Since the occupier must make sure that the premises are safe from any hazards, one should take reasonable measures to make sure that there are enough warning signs to make the visitors aware of the possible dangers. To give you a clearer idea, here are some of the common hazards that can lead to accident and injury claims:

  1. A wet floor or a spill that hasn’t been properly cleaned or negligence of informing about slip hazards on a freshly mopped floor. 
  2. Lack of visibility due to poor lighting can cause someone to trip or fall, causing injury. 
  3. Another aspect is uneven surfaces. There can be untreated cracks or potholes that have not been filled up. This can cause serious injuries due to falling. 
  4. Slippery floors due to the accumulation of ice that can lead to serious injuries. 
  5. Lack of signs of signals where the elevation of the floor changes. This can cause injury if a person expecting the floor to be straight suddenly encounters a step down that eventually causes accidents due to falling.
  6. Poor gripping in places like stairways where one can trip and get injured if there’s a broken step or no railing. 

So if you are an occupier, you should maintain a reasonable amount of safety in places such as the stairs, sidewalks, ramps, parking lots, aisles, and driveways. Make sure that there’s nothing in sight that can cause possible slip and fall accidents to anybody.

But one should also know that a warning sign does not make the occupier free from any charges or claims from visitors who experience injury or personal losses due to his/her negligence in keeping the premises safe. So, make sure that the premises follow all the safety standards to make the place a risk free environment to protect both the parties. 

Am I Liable for an Occupier’s Liability Claim? 

If you are not sure whether you are liable in the occupier’s liability claim, this should help clear your doubt. There are a number of individuals or parties against whom a liability claim can be raised. This includes the store owners, restaurant owners, landlords, hotel owners, and private property owners. 

So, if you fall under any of the above categories, then you can expect a liability claim if there’s an injury or fall-related accident that happens on your premises. In such cases, one should consult our slip and fall lawyer in Brampton no matter which side of the claim you are on.

A professional lawyer can help by giving you the best legal advice and making the right move. So if you find yourself in such a situation, then you must go to our Brampton slip and fall lawyer who can help you in every way to deal with the process legally.  

Brampton Personal Injury Lawyer 

Suppose you are a victim in a case of occupier’s Liability that involves a slip and fall accident. In that case, you might have to go through several legalities that must be taken care of properly. The legalities usually involve the premises’ occupier’s identity and the efforts being put into making the conditions safe. 

And when you go for a legal consultant from our professional personal injury lawyer in Brampton, then you can determine if you are eligible for compensation or whether you can move forward with the legal procedure or not. 

Being a victim of the premises’ owner’s negligence requires you to take the right legal actions to reimburse for your losses. When an occupier fails to create the conditions safe for the visitors and causes any personal injury or losses to a visitor, then the compensation can be claimed for all the emotional trauma or other losses incurred by the victim.  For a successful Occupier’s Liability Claim, you can contact our personal injury lawyer in Brampton. Our lawyers can help provide you with the best legal consultancy and make sure that you are well reimbursed for your losses if you are eligible for an Occupier’s Liability claim. So what are you waiting for? Contact our slip and fall lawyer in Brampton now! 

Reasons to Choose Collaborative Divorce during the Covid-19 Pandemic

Divorce is a civil remedy provided under the family law for individuals wanting to dissolve their marriage. There can be unlimited reasons for which an individual can file a divorce case. The most common situations might involve physical or mental violence, but a couple might likely agree over separation due to the family’s interest or themselves. During the Covid-19 pandemic, if an individual is filing for a divorce, then Collaborative Divorce is the safest and most relevant option.

What is Collaborative Divorce?

Divorce is a personal matter of two individuals, but it can be interrupted or manipulated by several other people in the case of a lawsuit. There are multiple ways in which a divorce case can be handled, for partners agreeing on the majority of terms and conditions, Collaborative Divorce is the best option.

Young couple and their lawyers talking about the divorce during a meeting in the office. Copy space.

When a couple and the attorneys decide against litigation and go for an agreement, it is called collaborative practice. In this circumstance, both attorneys are supposed to be a collaborative divorce attorney. You can contact our divorce lawyer in Brampton if you are looking for a professional and experienced lawyer.

Top 5 Advantages of a Collaborative Divorce

Under the umbrella of family law, collaborative practice is an emerging field that supports outside the court solution to any civil dispute, especially within a family. Collaborative divorce is a preferred option for a couple with minor disagreements that can be resolved with much ease.

In collaborative practice, issues regarding alumni, property distribution, and custody of children can be discussed, protecting the interest of both the individuals involved. Here are a few benefits of choosing a collaborative practice:

  • Time-saving: 

The litigation process is tedious, and the period often extends to a few years until the court reaches the final decision. The dates are kept at long intervals and also hinder your regular life. Other than being cumbersome, in the Covid-19 Pandemic, the court case can be more dangerous for the individuals and their respective families. The courts cannot function properly, and divorcing is a secondary matter in front of other heinous crimes and malpractices. Even then, our collaborative lawyers are capable of working smoothly. Therefore, if you require a separation lawyer in Brampton, then you can reach out to us.

  • Organize your Parenting Pattern: 

Divorce often ends up putting the future of the children at stake. During the pandemic, children are already facing trouble in various fields, so it is crucial to consider a healthy environment. Collaborative divorce allows the parents to agree upon a parenting plan to prevent the children from suffering. In collaborative practice, the individuals can seek help from a professional family consultant to create an effective co-parenting agreement covering all children’s interests and needs. After divorce, most people tend to regret their decision because of the abrupt change in their children’s lives. To save parents from making impulsive decisions, it is advised to go for a collaborative divorce. Our lawyers know that the welfare of the children is one of the top concerns of any couple. They are professionally trained to deal with such issues and think of the best solution.  

  • Protect Your Family from Any Potential Financial Issue:

A family is inter-dependent for various aspects, a major part being financial deals, including basic needs. After the divorce, the couple is likely to encounter a financial crisis varying in extent. The issues can involve child education, property division, tax liabilities, business valuation, etc. In the collaborative practice, the individuals can get our financial professional who can fulfill the duties of financial expert, accountant, business valuator, or pension planner. Our professional financial assistant can determine everything required to reach an agreement by both parties without demeaning any interests. Some of the finance expert’s responsibilities will be developing debt-repayment agreements, valuation of assets, valuation of business and property, help in handling taxes, and, most importantly, planning a budget to match the family demands and requirements. Collaborative divorce is best to ensure a certain and stable future for yourself and the children.

  • Save a lot of Extra Expense:

A divorce is already demanding in terms of emotions and time; it is important to consider the large amount of money required for litigation. The conventional court practice is costly as it requires a lot of effort and energy put in by the lawyer. The documentation, development of argument, court trials, and hiring experts can lead to many expenses. Collaborative divorce is much more economical. Even after hiring our financial and family consultants and our divorce lawyer, the expenditure is low. Our whole team will be working for your interest in a lesser amount of money and little stress.   

  • Customize and Decide the Process:

The court controls the traditional litigation process. The decision might not give both the individuals the expected result, even after all the efforts and the anxiety it took to reach there. On the other hand, in collaborative divorce, you are the decision-maker. It allows the involved parties to plan as per their convenience the schedule and pace of the case. The couple can work together and communicate effectively to maintain harmony in the family during and after the separation. Unlike in a court, collaborative practice safeguards the privacy of both the partners. The individual can protect their personal lives from becoming a public topic. It is good for the couple’s mental health, the children, and even for the family. Collaborative divorce will save you from a lot of mental stress and anxiety, keeping the relationship between the spouses a peaceful one. Collaborative Divorce is not only a great choice in a pandemic but also during normal times. If you are looking for a separation lawyer in Brampton, you can contact us anytime. Our excellent lawyers are professionally trained and have remarkable experience in this field. Family problems are sensitive and difficult to deal with. Therefore, you need more than a lawyer to go through this phase. When you contact our attorneys, you are getting a professional expert and emotional support to help you choose the best of your interests. The courts in Brampton might be getting affected by the pandemic, but our reliable lawyers are available to protect your rights. Contact our divorce lawyer in Brampton today and let them take the stress for you. 

What is Business Legal Check-up, and how does it work?

Business Legal Check-up is a legal diagnostic tool used for audits by various small and medium-sized companies. The tool helps them recognize if their operations are obeying the law, and if the risk they are bearing, litigation and expenses are manageable. 

After the lawyer verifies all the aspects, they prepare the report highlighting and red flagging all the elements or points that need review, improvement, legal action, or advice. You can contact our Brampton Business Lawyer for the correct legal advice that will help you improve your business prospects. 

Things to consider

If you are a responsible business owner, these are some of the essential things you should consider before starting the business organization:

  • The business got incorporated and set-up. The directors and officers are assigned, and the shares get allocated. Make sure that the corporate minutes and registers are also updated. 
  • The duties and liabilities stand distributed among all the directors and members of the organization. There is ample insurance coverage to protect the directors from harm. 
  • The parties are getting equal treatment and have a clear idea about their roles. Everyone should sign the shareholder’s agreement. Whenever the organization must get terminated or valued, the orderly method should be followed. Business Corporation’s minority shareholders’ rights and requirements should remain understandable to you. 
  • You should file for business registration and register all the business names you’re using. You should also have a system to renew before expiry. 
  • The trademark, copyright, and patent application should get filed for the business’s intellectual property rights. 
  • The URL of your website should get trademarked. Also, get your website audited to verify that there are no security violations, privacy infringement, defamation, etc. The online sales portal should also get set-up to prevent legal issues. 
  • Keep your registrations and licenses as well as your salespeople updated. Have a system to guarantee that the registrations and their regulatory requirements are updated and monitored. 
  • Your lease is long term and has been inspected by the lawyer. Ensure that you know all the details about your lease, and you are well-aware of the extra amount the landlord can charge you. 
  • All the legal forms, contracts, and applications such as the Consumer Protection Act, the Sale of Goods Act, the Bills of Exchange, etc., have been evaluated by your lawyer and obey the laws. 
  • While extending the credit, the service charges should not exceed the ‘criminal rate of interest.’ 
  • You are aware of the Competition Act and the prohibitions and penalties against unfair competition and deceptive advertising. 
  • You should understand the privacy legislation. Have a system to guarantee that you follow the law every time you collect, disclose, or use personal information. 
  • Ensure you understand the obligations under the Employment Standard Act. The employees should sign the agreement to let them know the notice period before receiving the termination letter. You should also be aware of how much is due to which employee in case of termination. 
  • The employees should sign all non-competition agreements and non-solicitation contracts that prohibit them from taking your best clients, employees, or trade secrets if they leave to start their own business. 
  • You should know about the sexual harassment and Human rights codes and understand how to deal with these issues thoughtfully. 

Business check-up procedure

The procedure for a business check-up involves the following steps:

  • Fill the forms and provide legal and confidential information about your business. 
  • Make an appointment with our business lawyers in Brampton to determine what the business check-up covers. Things like environmental law or tax law won’t get covered unless you specifically ask for it. 
  • The business check-up will help you provide perspective about the following:
  1. Authority and corporation set-up
  2. Employee-Employer Relationship
  3. Business contracts and forms
  4. Illegal advertising and unfair competition
  5. Intellectual Property Rights and Privacy
  6. Risk management and safety issues
  7. Analysis of the risk and management of existing lawsuits
  8. Internet Issues
  9. Licensing issues
  10. Relationship between the proprietors
  • The business check-up can help you meet the specific requirements you have. However, you may need outside legal experts for consultations. 
  • You will have to provide information and documents about each classification of the analysis. 
  • After a business check-up or analysis by one lawyer, you should also consult other lawyers for clarity and confirmation. It would be best if you also discussed everything with the other senior officers. 
  • The lawyer will prepare a thorough report about the issues that need your attention and they will red flag the things that need urgency. They will also explain the status of each topic to you in detail. 
  • You can also request your lawyer to provide you and your team with an oral presentation about the findings to help you get clarity. The lawyer may also provide you with a Q and A session to assist you clear your doubts. 
  • The lawyer might also guide you to specific lawyers that may help you with the issue you face. 

Generally, a business legal check-up costs around $5000-$7000 if the company has less than five employees, has one business body, and operates from one site. 

Determining your need for a business check-up

Usually, businesses are required to provide clarity to the government and the public. The company needs to comply with the law to stay away from legal troubles. To do so, you need business check-ups. 

Business check-ups can come in handy when looking for a prospective buyer to buy your business, and when the buyer asks you to get it done. Every business should anyway get an analysis done bi-annually to ensure the company’s smooth functioning. 

If you need government contracts, a business check-up could be necessary for you. Unlike ISO14400and ISO9001 agreement requirements, the information will get shared only with the management and not outside parties.  Business Check-ups are a new service in Canada within a fixed price range. Mostly, small and medium-sized businesses utilize this service. The business check-up will help you run the business smoothly and provide you – the owner, peace of mind. Contact our business lawyer for Brampton for more details.

How can Brampton slip and fall lawyers help you?

Injuries can have a profound impact on an individual’s mental and physical health. Suppose you have injured yourself by tripping or slipping and falling on a commercial, private, or public property’s negligent maintenance. In that case, you deserve to be reimbursed for your grievances and wounds. It is impossible to compensate someone for their loss, but monetary compensation is the only thing that comes close. 

Our Brampton Personal Injury Lawyers are here to get you the compensation you deserve. We will ensure that you get reasonably compensated for your emotional and physical damages, including the medical bills, loss of income, trauma, or changes in the regular habits due to your slip or trip and fall injury. 

Slip and Fall‘ is a legal term when you fall and injure yourself without any fault. The fall can happen at any place and time under circumstances that could have been avoided by the property owner but remained unsafe and neglected. It does not matter if you have any relationship with the owner or even if you know them. If you trip and fall at their property, they are bound to compensate you for the damages. 

Precautions

The owner must take care of their property, and they are liable to warn the people who enter or use their land if there is any construction going on. The property owner is held responsible for others’ safety in Canada. This is why you see ‘Wet Floor’ or ‘Work in Progress’ signs at some construction sites to warn the public. However, our Brampton slip and fall lawyers will tell you that the warning sign is not enough in some extreme cases. You can still claim compensation for the damages, even if there was a warning sign. 

The seriousness of slip and fall injuries

The term ‘slip and fall’ does not capture the seriousness of the injuries. It seems like a simple term that denotes slightly tripping or falling while walking. However, the injuries can get severe when a large hole wasn’t covered, and an individual fell in that fracturing their legs or arms or when somebody was walking and slipped over ice and therefore injured their muscles, sprained themselves, etc. Sometimes, people also fall on the strains resulting in lifelong injuries, concussions, brain damage, etc. However, if you are young, it is usually easy to recover, but you are more at risk if you are an aged person. 

It is essential to hire our experienced lawyer who can understand the pain you are going through and get you the compensation you deserve in every lawsuit. If you are an older person, we highly recommend employing our lawyer to understand your situation better.

Understanding your case

Victims do not usually understand that the accident was not their fault, and therefore, they take no action. Instead, the property owner should have been more responsible, and they must care for the people on their property. Every slip and fall victim should get the compensation they deserve. However, to get the right reparation, you need to prove that you were on the other party’s premises and not your fault. This is when our team of expert Slip and Fall Lawyers in Brampton comes into play. We will help you prove that it was indeed the owner at fault and get you justice. 

To help you understand these cases better, here are a few examples:

  • Slippery Floors – Anything that makes the floor slippery like debris, ice, or water, should be cleaned up and dried immediately by the owner; otherwise, it could result in dangerous accidents. 
  • Icy Stairs – In Canada, icy stairs can be quite a problem. All public stairs should have handrails for support and should be salted to avoid serious falls and injuries. 
  • Impeded Walkways – If a public walkway gets obstructed by debris, stones, bricks, or other construction material, then an individual can easily step on it and trip. Therefore, it is necessary for all sidewalks, pathways, and hallways are steered clear of it so that the area is safe for people to walk. 

What is a successful claim?

To have a successful claim, you need to have all the evidence present, such as medical bills, police reports, eyewitness accounts, etc. These documents can help you justify your claim. Our Personal Injury Lawyers in Brampton ensure that you have more chances of winning the case than the other party and work towards identifying the other party responsible for your grievances and gather the other evidence to support your claim. Usually, any slip and fall claim can be brought up and fought within two years of the accident. However, it may not get accepted if a request is not forwarded. 

Common Injuries

More than 1800 emergency visits and 400 hospital stays due to a trip and fall accidents get reported by the Canadian Institute for Health Information every year. The accidents are often minor with only trip and fall injuries, but sometimes, the accidents worsen with more severe injuries. Older people are more at risk because they will take more time to heal and suffer permanent life-altering injuries. Some of the common injuries are:

  • Concussions and other brain injuries
  • Fractures such as legs, hips, or arms 
  • Spinal cord injuries and back issues
  • Abrasions, cuts, lacerations, and piercing wounds

 If you suffer from the steps and fall injuries, follow these steps:

  • Sit down and breathe if you feel dizzy while standing up. Assess your medical condition and do not rush getting up. Take deep breaths and wait for the shock to leave you. 
  • If you are in the condition to stand up and you did not fall on your head, then seek medical help as soon as possible. 
  • Try to get a hold of reality and gather all the physical evidence you can, such as pictures of the scene and accident, contact details, and witnesses’ names.
  • After seeking medical assistance and informing tour close ones, get in touch with our personal injury lawyer in Brampton who can understand your case. 

Slip and fall injuries can get confusing if you are not sure about whose fault it is. Don’t worry; we have you covered. Our lawyers will help you win the case and give you the best advice. Contact our experienced team of lawyers to get full compensation and more details!

What you should know when you have been injured in a motor vehicle accident?

Motor car accidents are unfortunate for everybody, especially the individual who gets hurt or, worse, loses their life. People who get injured during a motor vehicle accident are automatically entitled to an ‘Accidents Benefit’ claim. If you were driving, were a passenger, or were walking on the road when the accident happened, you should get the accident benefit. However, the accident claim does not affect your insurance rate. 

The ‘accidents benefit’ claim can support you while you recover from the injuries. It can provide you therapy money, money to pay your medical bills, and take care of yourself while at home or hospital. You will require our Personal Injury Lawyer Brampton, to get the money. 

Steps after the accident

  • Inform the police about the accident
  • Do not skip informing your family, school, or employer
  • Inform the accidents benefit company about your accident within seven days
  • Look for other insurance coverage plans that you might get through work, college, school, private programs, etc.
  • Consult your family doctor if you have one for the injuries and the accident
  • If you are conscious and are in the condition to ask for the names and details of eyewitnesses and other motorists involved in the accident, do so
  • Keep all the medical bills, expenses records and dates, and receipts that you or your family had to bear for the accidents benefit
  • Contact our injury lawyer in Brampton to protect your rights and get advice

Obtaining the Accidents Benefit

The first step of claiming the accident benefit is to call the right insurance company to apply for the claim. Apply within seven days of the accident, after which either the claim may not be valid, or you get the claim late. The sooner you apply, the better. You will need things like therapy, assistive devices, attendant care, or equipment after getting discharged from the hospital. By calling the insurer early, you can avail of these benefits and services soon after leaving the healthcare hospital. You can get the application to apply by the insurance company, hospital, or contact our Brampton Personal Injury Lawyer

To obtain the compensation for your family’s time to take care of you, a clinical therapist or professional nurse should complete a form called form 1 – ‘Assessment of attendant care needs.’ However, this compensation needs the expenses to qualify as an ‘incurred expense.’ Some other forms must be filled and applied to get the accidents benefit. Our personal injury lawyers can help you meet the criteria for this benefit and take the burden off your shoulders. 

Key Accident Benefits

These benefits apply to anyone who got injured in a motor vehicle accident:

  • Medical and Therapy Benefits – pays for the therapy, medical bills, equipment required, medications, housing changes, and transportation
  • Benefits to the attendant’s caregivers – compensating family and everybody else who spend time and resources while caring for the injured
  • Income Benefits – compensating the wounded for the loss of income or the inability to work to get income up to a maximum of $400
  • Visitation Expenses – reimbursing the family members for the money spent on visiting the injured, including parking, accommodation, meals, and travel
  • Services of the person managing your case – compensating the individual who is handling your health and assisting you with recovery, but this benefit is valid only for ‘catastrophic impairment’ cases

 There are other additional benefits, such as home maintenance expenses, lost education expenses, housekeeping, caregiver expenses, etc. The compensation for all the benefits depends upon the severity of your injuries and whether the services are available to you or not. Please keep all the receipts and medical bills with you safely that you or your family have paid for because your benefit depends on them. 

Calling the correct insurer

From this list, contact the first insurer that is relevant to your case:

  • Your motor vehicle insurer
  • The motor vehicle insurer of the of which you were a commuter
  • The owner or at-fault driver’s insurer
  • If there are other motor vehicles involved in the accident, then their insurer

After calling, let them know that you wish to apply for an ‘accidents benefit’ claim. They will ask you some details and questions such as the injured person’s name and age, level of severity of injuries, fundamental aspects of the accident, and your motor vehicle information and insurance policy number. While speaking to your insurer, make sure that you do not go into details as it may hurt your benefits right. Our personal injury lawyers, Brampton, recommend the same.

The insurer will send you the application to apply for the claim, and then an adjuster will be assigned to your case, who will be your primary source of contact throughout the process. They will also provide you with the claim number. Fill the application and send it to the insurer within 30 days of receiving it. If you fail to do so, you will not be able to get compensation. If there is a disability certificate, too, in your case, send the certificate and application as soon as possible to avail of the benefits on time. You can avail the accidents benefit even if you already have a private health plan. Usually, private plans are more limited and reimburse a lesser amount compared to the benefits. It is considered prudent to apply to both the health plan insurance company and the benefits insurer. 

If you need to file a lawsuit against the at-fault party for issues that cannot get solved outside court, you have two years from the accident date. 

It is hard to assess all the legal rights and benefits you are entitled to after the accident. Therefore you must hire our personal injury lawyer in Brampton to make the process smoother and assist you throughout. Our experienced lawyers will not charge you for a meeting or fundamental advice, and you will have to pay them the fees only after hiring. Contact our team of expert lawyers for more details and a free of cost consultation!

What is an Estate Freeze and its advantages?

Estate Freeze is among the top solutions to reduce your asset taxes. With proper planning, lawyers, accounting, and financial advisors, many businesses experience assets growth. You can consult our professional Brampton Business Lawyer for the best advice.  

Estate Freeze is a process that will freeze your assets at today’s value. Now there are several advantages to that. Your share exchange will help any new shareholders take forward the company’s growth in the future; most often, it’s the next generation. The entire process focuses on saving on taxes in the future if the shareholders decide to sell them or maybe transfer them to someone else. 

Estate Freeze not only provides benefits during the lifetime, but also after the shareholder passes away. During a freezer’s lifetime, it’s not uncommon to split the gains and capitals among the coming generation or trustworthy shareholders that eventually gives one access to the marginal tax rate. 

In case of sharing the freeze further to the next generation or a spouse, one can include them as a ‘Beneficiary’ of the trust. This way, if there’s any growth in the company’s future, it will be automatically shifted to the shareholders. So if you are interested in going for an Estate Freeze, you can consider some of the benefits given below. They will help you understand why and how Estate Freeze can provide advantages in terms of taxes and life insurance and help you gain from freezing your estate at current value. 

Benefits of Estate Freeze

Now freezing estate at its existing value can come with several benefits. The top 3 Benefits of Estate Freeze are given below- 

  1. Tax Liability & Insurance

One of the commonly used strategies is to use Life Insurance to plan for the tax liability. It’s an effective way of planning an estate in case a shareholder dies. Estate Freeze provides a ‘fixed value’ tax used for purposes such as planning for Life Insurance. This way, one can make sure that the next generation is not under-insured or over insured. This is something that you can think of while planning for an Estate Freeze. 

  • Waste-Away Estate Freezing

Waste-Away Estate Freezing is a process that helps you generate income after retirement. You can also reduce your tax liability at the time of death. It is an effective way of tax savings if the first generation shareholders decide to ‘waste away’ a certain amount for a prolonged period. If the amount adds up to huge sums, then the tax benefit will follow. When you waste away or redeem the value of shares, you can expect the estate to give you large tax benefits. 

  • Tax Deferral

The term ‘Tax Deferral’ refers to a scenario where the taxpayers can delay paying tax to a future date. It is not uncommon for taxes to be deferred indefinitely or reduced in the future. So estate freezing can provide flexibility to the shareholders regarding future growth and ease in passing down the estate to the next generation. 

If this is kept in mind, one can expect the current value to provide millions in tax deferral. This is another benefit you can consider while going for an Estate freeze.

Why Do Professionals Freeze Estate?

The purpose of doing so is to pass down the estate at current value to the next generation. This way, when the future value of an asset increases, the shareholders can get maximum benefits. 

The one who transfers the estate gets to retain the existing value of shares and can delay or defer the income taxes on that gains made on capital to the actual time of their disposition. For the best advice and consultancy, you can contact our business lawyers in Bampton who can help you properly strategize and plan when it comes to Estate Freeze. 

There has been an increase in the number of shareholders going for estate planning due to their benefits. Estate Freeze gives the owners a chance to pass down the estate to the next generation. 

Freezing the estate entitles the previous actual owner to the estate’s current value while allowing the shareholders to enjoy its future growth benefits. Doing so provides tax deferrals on the future value of the estate if it increases. There are even more benefits of an estate freeze that you should know of before consulting our business lawyer for Brampton. 

  1. Estate Freeze reduces one’s taxes at death. Then the future growth of the company is transferred to the common shareholders. 
  2. It is a great way of using a family trust by splitting the income throughout the family. 
  3. It only freezes the value, but the owner gets to keep the parent control while providing benefits to the shareholders. 
  4. The Lifetime Capital Gains exemption gets multiplied.
  5. It reduces any probate fees since the frozen estate’s future growth does not exist as part of the shareholder’s estate. So they are not subjected to the probate fees, thus reducing the overall probate fees on the frozen estate. 
  6. Another great benefit is that when you freeze the asset, the estate’s future growth is held among the shareholders or the trust. This protects it from the creditors. 

These additional benefits of Estate Freeze are what attract many businesses to plan their estate strategically. 

Conclusion 

You must have already gotten the idea of how advantageous Estate Freeze is in the long term. To summarize everything that’s written in this article, one can say that Estate Freeze allows one to pass down the future growth of the business to children or a trust. 

After passing, the parent continues to participate in the estate growth if everything is planned properly. The parent/owner also continues to own control over the estate, being a trustee of the family. And it all eventually benefits both the owner and the shareholders during taxes.  So, if you plan to go for Estate Freeze, we’d recommend you go for the best legal advice that you can get from our Business Lawyer. You can contact us for our legal consultancy. Our lawyers are among the top business lawyers in Brampton. To get started, contact us now.

The Consequences of a Car Accident

If you figure in a serious car accident, the one consequence that will stand out and make you suffer the most are the physical injuries that such a mishap can cause.

You can consider yourself fortunate if your injuries are relatively minor, but if your injuries are of the severe kind, you will have more than the injuries themselves to worry about in the coming months.

One of your biggest problems would have something to do with your finances. With all your injuries, you will most likely be spending weeks, even months, in a hospital. If you don’t have insurance, your hospital stay is going to cost you a lot of money.

Even if you do have insurance, there’s a possibility that the amount of your coverage is not going to be enough to pay for your hospitalization or your treatments. Then there’s the cost of your medication, and it’s going to be substantial.

Your medical expenses only represent a part of the difficult financial situation you will likely find yourself in as a consequence of the car accident. Because of your injuries, you won’t be able to work.

Even if the company you’re working for does provide its employees with sick leave credits, they are bound to run out eventually. When you’ve used up all your sick leave, you will end up losing your wages, at least until you become well enough to get back to work.

Yet another problem you’re going to have to deal with after a serious automobile accident is the fact that your car was damaged severely during the crash.

You may have already recovered well enough to get around your town or city, doing so is going to become really difficult when you don’t have a car. You’re going to have to commute if you go out to buy groceries or take your children to school.

If your transportation situation forces you to take a taxi regularly or rent a car, then the expense that comes with it is going to make a much bigger dent on your already messed-up finances.

However, one of the worst consequences of being in a car accident that, incidentally, is not always appropriately addressed is the trauma of the whole thing.

Many car crash victims find themselves waking up in the middle night screaming, experiencing nightmares where the accident plays over and over again in their heads.

Car accident survivors who are suffering from post-traumatic stress disorder or PTSD also tend to be anxious, irritable, and experience feelings of uneasiness and distress, all of which can take a heavy toll on their family and social lives.

The consequences of car accidents are no laughing matter, and that’s why if you get involved in one, you must do everything you can that will enable you to deal with them, including filing a personal injury claim against the party that caused the accident. With the help of experienced accident attorneys, you should be able to get the just compensation that you deserve.

If you suffer an injury in a car accident, check out the infographic below for tips on what to do.

About the Author

 Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books, and playing minigolf with her friends and family in her spare time.

My Long-Term Disability Claim was Denied: What Now?

First of all, we would like to reassure you that denial of your long term disability claim is not at all uncommon. Statistics seem to suggest a higher likelihood of your claim getting rejected than approved, and denial rates are higher among private insurance companies. 

We understand the importance of disability claims and how they work to make life easier for those who might struggle otherwise. We have experience dealing with thousands of cases related to disabilities or, more specifically, rejection of disability claims, which puts us in a position to elucidate the steps you need to take if your claim has been rejected. Our long term disability lawyers in Brampton have compiled a comprehensive guide on this topic. We are always available for further discussion if you wish to discuss your legal representation.

The nature of these claims is incredibly personal, and we treat each case as such. Keeping that in mind, despite the list below, we remind you that no one size fits all in these cases and so you should contact us for any questions you have. Legal representation is your right, and as eminent counsels, we work these cases on a contingency basis to ensure that we only get paid if you get what you deserve.

Without further ado, the things you will need to do are- 

  • Understand that generally, there are two forms of appeal that you can follow up through. You can choose to appeal the decision internally, which is through the organization that has denied your claim, essentially asking them to reconsider and change their minds. Or you can choose external methods such as litigation in courts, tribunals, or even in arbitration. We want to remind you of the statute of limitations that may apply to your appeal, and usually, you can only appeal within two years of rejection.

Internal appeals take longer and are usually less successful. It is recommended not to keep court appeals and litigation as a last resort.

  • Once this is done, you need to read through your denial letter. It is the most important part of the appeal, and most likely, the denial letter states the reason behind your disability claim not being approved. Reasons can range from lack of severity of the disability to insufficient proof to incorrect papers. Once the reason has been identified, the process can be started. The letter also notes the date of rejection, which can be held as the day to calculate the statute of limitations if applicable. 
  • Taking the denial letter as a reference, you need to gather all required evidence. The reasons mentioned in the denial letter are important. Gather all your papers, insurance, and all other proof of your long term disability. Reports from experts backing up your claim will be of immense help. We recommend reports from medical, vocational as well as functional capacity experts. 
  • Arrange your employment-related papers, as you will need to prove that your employment has been affected by your disability or that your employer is aware of your special requirements if any. Additionally, employment history and leaves or time took off on disability grounds and any benefits received from your employer help strengthen your case. Testimonials from your employers or coworkers about the effect of your disability on your work will also help. 
  • A good, strong appeal letter will be required alongside the papers, as mentioned earlier. This should ideally be drafted by a qualified lawyer and must prove your disability’s long-term nature by clarifying its impact on essential parts of your life, such as mobility and livelihood. It is recommended to explain your diagnosis’s nature and the intricacies and back it up with the opinions of a medical expert.
  • Include all your reports, treatments, relevant appointments, and prescriptions to Maintain clarity and transparency about the degree of severity of your disability and the extent of its effect on your regular life. You need to be convincing about your claim’s urgency and importance and highlight that the rejection was incorrect.
  • While we will try our best to get your appeal through, it is wise to apply for alternate long term disability claims from other providers. For instance, if your state or city council has a separate disability claims plan, or even if a private body, such as your insurance or your employer is offering benefits, look into availing them. Our long term disability lawyers in Brampton will gladly look through your claim and advise you on the different options available. 
  • Do not hesitate to go for court litigation instead of internally appealing directly. It is likely that a deadline for appeals is mentioned above, and internal appeals are not transparent and favorable to the claimant. Our long term disability lawyers in Brampton will advise you on re-appealing processes if required in accordance with the guidelines for any limitations on subsequent appeals. A lawsuit might be quicker and give you the result you expect.

Although these are the general steps you must take, getting personalized advice based on your case from our long term disability lawyers in Brampton will best reflect your interests and maximize your chances of getting your appeal approved. Further, we help with strictly the court processes and obtain necessary expert advice, recommending which questions to ask your experts, ensuring completion of your claims file and that all the gaps in your appeal are filled, leaving no space for rejection based on the inadequacy of the information.  As experienced lawyers in this challenging field, we empathize with your situation and guarantee our best efforts in securing you a positive result. As mentioned before, we do not work for our profit, and instead, we will gladly represent you on a contingency basis and give you free consultations if you require to see whether you fit well with our lawyers.