About singhadmin

Chief Executive Officer

Car Accident Claims: What Are The Alternatives To Suing? Kingston Personal Injury Lawyers Can Advise You

Posted on November 3, 2017 by singhadmin

Accidents can occur like a bolt from the blue, causing enormous devastation in their wake.

Motor-vehicle accidents can be particularly dangerous when there are small children, senior citizens or pregnant women involved. In catastrophic accidents, disability, disfigurement or even death can result.

At moments like this, one of the things that provides a sense of security is the knowledge that insurance will reimburse us for the damages and injuries sustained.

Most of us assume that our insurance company or those of the at-fault parties would settle once the paperwork and evidence of fault/negligence have been provided. However, insurance-services are for-profit enterprises and their goal is to ensure the health of their businesses.

As Kingston personal injury lawyers know from experience, insurance claims-adjusters may not always act in good faith. They may use a variety of tactics to deny liability of the at-fault party, prove that there was some contributory negligence on your part, dismiss your claim outright on technical grounds, minimize the nature and extent of injuries etc in order to avoid making a settlement payout. Alternatively, they may offer a meager settlement which would not cover your present and future medical expenses and loss of income.

Seeking Compensation

Accidents are the result of someone’s fault or negligence. The injured have a right to receive compensation for the injuries that have occurred through no fault of theirs.

Ontario laws provide statutory benefits for all those injured in motor-vehicle accidents, regardless of fault, payable by your own insurer. However, there are certain fixed thresholds and limits that are in-built into your auto insurance policy. This may give rise to a shortfall, leaving a gap between what you receive and your actual expenses. Additionally, victims are entitled to file a personal injury suit against the at-fault party.

Under such circumstances, your personal injury lawyer can advise you on the various options open to you.

Available Options

Going through a lengthy (at least 3-4 years) and expensive trial process may not be everyone’s choice. Trial outcomes can go either way. In fact more than 90% of such claims are settled out of court, through negotiations.

Yet, it’s important to file a suit within the prescribed deadline, or you may lose your right to sue.

Experienced Kingston personal injury lawyers with a successful track-record in dealing with similar cases can explain all the available options and the pros and cons of each.

The Ontario Ministry of the Attorney General provides information on alternative strategies to getting the compensation you deserve:

Negotiations
Mediation
Arbitration

are the areas where both sides get to present their case and establish the strength of their claims. Parties can directly negotiate with each other or through/in the presence of legal/insurance professionals.

Presenting a robust claim backed by solid evidence showing negligence of the at-fault party, how the accident occurred and caused the injuries, the nature and extent of injuries and their impact on the victim’s life are the cornerstones of a successful claim.

Mediation and arbitration are moderated by a neutral third party who can help the parties to reach a mutually-agreed upon, fair and lasting settlement.

Whatever the option that’s chosen, it’s important to ensure that your rights are protected throughout the process.

Hamilton Personal Injury Lawyers: Time Limits for Claiming Benefits or Filing Lawsuits

Posted on November 2, 2017 by singhadmin

When a motor-vehicle accident (MVA) occurs, there is utter chaos and confusion all round. Whether it’s a fender-bender or one that causes catastrophic damage and injuries, the people involved experience a mixture of emotions – fear, anxiety, “fight or flight” impulses, pain, grief, shock, confusion etc.

Obviously, the priority in such a situation would be to get emergency medical care to the injured. The police and traffic authorities have to be informed and finally, the insurance companies need to come into the picture, since they have to pick up the costs.

Accidents, as experienced Hamilton personal injury lawyers who regularly deal with such situations know, are rarely “accidental.” They are the result of someone’s fault or negligence, and sometimes ignorance or deliberate flouting of safety norms. The injured are entitled to seek compensation for the various losses and injuries they have suffered and insurance companies usually are liable to make these compensation payments.

Seeking Compensation

Insurers, being for-profit enterprises, may not always act in good faith, they may dispute, deny or dismiss your claim on various technical grounds or attempt to minimize the nature and extent of your injuries and their client’s liability.

Ontario regulations mandate that any person injured in automobile accidents is entitled to claim statutory benefits from their own insurers. Additionally, victims can also file a personal injury suit against the at-fault party to claim damages.

Complex Issues and Procedures

When there is a dispute or the insurance company’s settlement is unsatisfactory, settlement becomes difficult. In such cases, a personal injury suit has to be filed. However, a vast majority of personal injury claims are settled out of court, without having to go through a trial process. Often, a notification of the intention to sue is given to expedite the negotiation process and show that you are indeed serious about achieving the desired compensation.

Negotiations and/or arbitration are first undertaken, which involve both sides presenting their side of the argument. Personal injury claims hinge on the concept of “negligence” hence,

proof of fault/negligence
establishment of liability
proof of injury
impact of such injury on the victim’s life

have to be clearly demonstrated for a claim to be successful.

Time Limitations

One of the major challenges in ensuring that a claim goes through smoothly is keeping within the prescribed time limits for filing. Ontario has strict rules governing the process and if notice of intention to sue is not provided to the at-fault party within the limits, you stand to lose your right to sue.

Ontario regulations include:

Information about the accident must be provided to your insurance company within 7 days
Accident benefits application must be completed within 30 days
If benefits are denied, appeals/mediation/arbitration/suit has to be filed within two years
Notice to sue the at-fault driver must be given within 120 days
There is a two-year limit within which you have time to launch a suit

These and some other conditions have to be strictly followed. There are other complex medical, legal and insurance issues involved and an experienced Hamilton personal injury lawyer can provide the right assistance.

Get the Auto Insurance Policy That’s Best For You: Guelph Personal Injury Lawyers

Posted on November 1, 2017 by singhadmin

Motor-vehicle accidents (MVA) can happen out of the blue and leave a trail of destruction in their wake. Injuries ranging from minors cuts and bruises to catastrophic, life-threatening injuries and even death can result from collisions. Victims and their families may face life-long physical, financial and emotional burdens.

Automobile insurance provides a degree of security for drivers and vehicle owners and it is mandatory in most parts of the world to have vehicle insurance. However, it’s only when accidents and injuries happen that we become aware of the limits and thresholds imposed by the insurance policy.

One of the main concerns with consumers is the high rates of auto insurance premiums in Ontario. As a result, they prefer to shop around, compare rates and then select a policy that offers the best options.

However, cheapest may not always be the best. If you suffer serious injuries in a collision, you face:

Income or wage loss
Medical and rehabilitation costs
Pain and suffering

There may be additional expenses connected with care-giving, assistive or mobility devices, modifications to work-place or home. The emotional costs of loss of earning capacity, enjoyment of life, etc.

Ontario has the highest premium rates in Canada although it also has among the lowest accident rates in the country. Hence consumers tend to focus on getting the best rates instead of the coverage that the policy offers.

Injured victims in Ontario are entitled to statutory benefits regardless of fault. This compensation is to be paid out of your own insurance coverage, subject to the thresholds and limits available in it. Hence, in the case of serious injuries, statutory benefits may not cover the entire costs of care and treatment. Another option is to file a personal injury suit, preferably with the assistance of an experienced Guelph personal injury lawyer.

Tips On Selecting The Right Policy

While selecting a policy, it’s important to keep certain factors in mind that would not only give you the optimal premium rates, but also provide enough benefits in case of a claim. There are many factors that affect your premium payments. Hence, smart shopping is a crucial part of selecting the right policy.

Consult a qualified and experienced automobile insurance professional: Insurance regulations, new products, new channels of distribution etc are constantly changing. A knowledgeable professional who keeps updated on new information would provide better assistance. Additionally, there are many risks involved in revealing personal information to less-trustworthy third parties or on-line agents/brokers.

Be aware of your province’s automobile insurance regulations: There may be certain aspects of coverage that have to be purchased only from certain government-owned or operated systems. Minimum liability in Ontario is $200,000 but it can vary from province to province. Mandatory coverage in Ontario is available only if you were not at fault. In the case of minor injuries, there are limits to benefits, regardless of the coverage you’re entitled to.

Experienced Guelph personal injury lawyers would advise you to compare and consolidate your and family-members’ existing coverage, look at reviews/ratings for your insurance provider and keep yourself informed about all aspects of your policy.

Etobicoke Personal Injury Lawyers: When Motor-Vehicle Accidents Are Caused By A Medical Emergency

Posted on October 31, 2017 by singhadmin

It’s a well-known fact that most accidents are caused by someone’s fault or negligence. When we think of such “accidents” what comes to mind are issues like impaired driving, driver inattention, cell-phone use, speeding, running a red light or other such flouting of safety norms. We can also consider issues like tire blow-outs, brake failure or accidents caused by defective motor-vehicle parts.

However, there is a difference when the accident was caused by a sudden medical emergency experienced by the at-fault driver.

Epilepsy, cardio-vascular emergency, cerebral hemorrhage, aneurysm, black-outs, mental illness etc are some of the typical reasons why a driver may lose control of the vehicle and cause an accident.

Unfortunately, whatever the cause of the accident, seriously injured victims and their families undergo tremendous physical, financial and emotional repercussions. Loss of income due to inability to work, high medical expenses and the pain and suffering that the injured person experiences are the direct result of injuries sustained in the accident.

If you or a dear one has been injured in a motor-vehicle accident contact an experienced Etobicoke personal injury lawyer without delay. You may be entitled to compensation.

Does “Sudden Medical Emergency” Absolve Drivers?

If the accident was caused by the driver’s suddenly losing control of the vehicle due to a medical emergency, it may be sufficient grounds to absolve the driver of having caused the accident due to negligence.

Although no one can really blame a driver for having suffered a sudden loss of consciousness while driving, this poses a grave threat to public safety. Different types of medical conditions can affect the person’s ability to safely operate a vehicle to a greater or lesser degree:

Lowered reaction time
Loss of motor function
Loss of vision
Lowered judgment and concentration

The “inevitable accident” line of defence is used to present a case that the accident was unavoidable, negligence had no part to play in it and that the driver had no control over the sequence of events.

However, in such cases, the burden of proof lies with the person who claims that the accident was caused by a sudden medical emergency. This includes proof that:

he/she suddenly lost consciousness just immediately before the accident
this resulted in loss of control of the vehicle
such sudden loss of consciousness was completely unforeseen

If the at-fault driver can prove these elements satisfactorily, they may be absolved of negligence and liability. However, it’s not very easy to do so.

“Suddenness” is a key factor in the claim. If symptoms were present and ignored, it cannot be considered a “sudden” medical emergency.

In drivers who have existing medical conditions like cardio-vascular disease, epilepsy, diabetes etc, there is an element of “foreseeability” in the case.

Getting Compensation

Ontario laws entitle all injured motor-vehicle accident victims to statutory benefits, regardless of fault. This is payable by your own insurance company, up to a certain financial threshold.

Victims can also file a personal injury suit disputing the claim of “sudden medical emergency” if the circumstances so indicate.

Etobicoke personal injury lawyers can provide the right advice and assistance in such cases to help you get the maximum possible compensation.

Co-Driver Liability In Truck Accidents: Durham Personal Injury Lawyers Can Advise You

Posted on October 30, 2017 by singhadmin

Accidents Involving Trucks Can Be Devastating!

In collisions that involve large commercial vehicles, the resultant damage and injuries can be proportionately huge too. When the vehicles involved are of different weights and sizes, obviously, the smaller and lighter one would take the maximum impact. The injuries sustained in the occupants of the smaller vehicle would also be much more serious.

Be Alert, Stay Safe!

It’s important to stay at a safe distance from larger vehicles and follow safety rules meticulously while passing them. However, it’s even more important for truck drivers to remain alert, avoid distractions, drug/alcohol use and stay fresh and in the best of health while transporting heavy loads across vast distances.

Keep the load on the road!

It’s mandatory to secure the load properly and ensure that it does not work loose en route. While carrying hazardous or inflammable substances, there should be clear signs on the vehicle indicating this. Garbage and dump trucks operating within cities have to ensure that material and debris doesn’t fly out of the vehicle.

If you or a dear one has been injured in an accident involving a truck, contact a Durham personal injury lawyer without delay as there are several complex medical, legal and insurance matters involved. You may be entitled to compensation.

Co-Driver Liability

Tractor-trailers and large trucks are often driven by a pair of drivers who share the duty when the journey is very long. This allows one to take rest while the other drives. When such a driving team is involved in an accident, the issue of liability becomes even more complicated. In fact, the co-driver is often one who is seriously injured in the accident, since he was completely oblivious and sleeping in a narrow berth in the driver’s cabin. Such co-drivers are not usually liable in the case of accidents.

In fact, they are also eligible to seek compensation if they’re injured in the accident, from the driver and the trucking company.

Co-drivers can only be held liable if they contributed in some way to the negligence that caused the accident. If they have distracted the driver or consciously allowed them to take the wheel when they knew that the driver was fatigued, under the influence of alcohol, drugs or prescription medication.

We Can Help!

Accidents involving trucks can leave a trail of destruction in their wake. There are enormous physical, financial and emotional consequences that arise from being seriously injured. In many cases, the injured victim is permanently disabled and may require life-long medical attention and dedicated care. Hospitalization, expensive procedures, medication and the need for rehabilitation can take a toll on not just the victim but often the entire family.

Experienced Durham personal injury lawyers can evaluate your case and provide the right advice on filing a compensation claim. We help you put together a robust case, backed by evidence provided by experts in the fields of medicine, law, transportation, insurance etc. We can access police/traffic records and CCTV or video footage, along with eyewitness testimony if available to ensure you receive the compensation you deserve.

Sharing the Road Safely With Commercial Vehicles: Cornwall Personal Injury Lawyers

Posted on October 29, 2017 by singhadmin

Canada’s extensive road network is ideal for long, leisurely, holiday road-trips and also for the transportation of goods across the country and to neighboring countries too.

Commercial vehicles are a common feature on Canadian highways. Enormous multi-wheeler trucks, with the capacity to carry extremely large and heavy goods/equipment can be spotted year-round. It’s important to note that commercial vehicles includes mass transportation vehicles like buses too.

When one of these vehicles is involved in an accident, obviously the damage done can be proportionately huge too. The sheer size and weight of the vehicle, the nature and contents of the load it’s carrying and the fact that it’s difficult to maneuver make accidents involving commercial vehicles extremely hazardous.

However, accidents aren’t always “accidental.” They are caused by someone’s fault or negligence. The injured have a right to be compensated for their physical, financial and emotional losses.

If you or a dear one has been injured in an accident involving a commercial vehicle, contact an experienced Cornwall personal injury lawyer without delay. There are several complex legal, medical and insurance matters to be dealt with while seeking compensation in such cases. A knowledgeable personal injury lawyer who has dealt with similar cases can provide the right advice and assistance.

What Are Commercial Vehicles?

The Ontario Ministry of Transportation defines commercial vehicles as a truck or highway tractor with a gross registered weight of more than 4500 kg. It may also be a bus with seating capacity of 10 or more passengers.

A wide variety of commercial vehicles are to be found on our roads, including postal vehicles, packaging and food trucks, animal transportation vehicles, livestock carriers, hazardous substance carriers, cranes, tow-trucks, recreational vehicles, pick-up trucks etc. The large size and bulk of these vehicles requires drivers to be highly-trained, experienced and skillful. In addition to the vehicle’s own weight, it may also carry a heavy load which makes it even more difficult to drive and maneuver.

Typical Accidents Involving Commercial Vehicles

As with any other type of motor-vehicle, commercial vehicles too get involved in similar accidents. Head-on collisions, side-swipes, rear-enders, T-boners, rollovers, etc.

There are some types of accidents that occur more frequently in larger vehicles resulting in more extensive damage:

Air-brake failure
Jack-knifing
Rollover
Uncoupling of trailers
Loosening of load
Tire blow-out
Under-carriage part failure
Falling debris from dump/trash trucks
Pedestrian accidents in residential areas by garbage trucks
Tankers carrying hazardous chemicals, inflammable substances may explode/catch fire
Improperly secured cargo on flat-bed trucks
Wide turn accidents when driver swings in the opposite direction to take a wider turn
Blind spot accidents involving cyclists, motor-cyclists, pedestrians
Lane changing accidents

Typical reasons for such accidents include driver fatigue, drug/alcohol/prescription-drug impairment, distraction, poor visibility, inexperience, improperly maintained vehicles etc.

There are several complications that may arise as a result of being injured in an accident involving a commercial vehicle. Trucking companies, drivers, networks etc are all involved in the operations and maintenance of vehicles. Hence it’s wise to seek guidance from an experienced Cornwall personal injury lawyer without delay.

Chatham-Kent Personal Injury Lawyers: Hit And Run Accidents Can Be Devastating!

Posted on October 28, 2017 by singhadmin

Whether it’s a mere fender-bender or a serious collision that causes damage to vehicles and injures people, hit and run accidents are considered to be a serious violation of civil and criminal laws.

Strict penalties are imposed for failing to remain at the scene of an accident under Ontario’s Highway Traffic Act Section 200. Under these rules, everyone who’s involved in a motor-vehicle accident on the highway, directly or indirectly, has to remain at the scene of an accident. Or they must return immediately to the scene, render all possible assistance and provide all the required information to the traffic authorities or police.

Insurance companies generally deal with such incidents from the viewpoint of receiving compensation for damages from the victim’s own coverage, since there is no other driver who can be held liable.

What Are Hit And Run Accidents?

Legally speaking, hit and run accidents are those in which one of the drivers involved in an accident leaves the scene without providing any personal contact information or having been allowed by the traffic authorities to do so.

There are certain conventions that are followed all over the world when an accident occurs and these include stopping to ensure that no one has been injured, offering help or calling for help, exchange of information regarding identity, addresses, phone-numbers etc. These conventions are codified into law in many countries and are part of the highway and traffic rules.

Hit and run accidents can also occur in parking lots or whenever a parked car/vehicle is hit by someone else who doesn’t stop or provide information about themselves. In Ontario, if the damage doesn’t exceed $2000 and no one is injured, there is no need to call the police, but the accident has to be reported in a Collision Reporting Center and to your insurance company.

It’s important to immediately contact an experienced Chatham-Kent personal injury lawyer who has dealt with such cases previously to ensure that your rights are protected.

Who Is Liable ?

In Ontario, all those who have been injured in motor-vehicle accidents are entitled to seek statutory benefits under the SABS (Statutory Accident Benefits Scheme), regardless of fault. These are payable by your own insurance company or the policy of other drivers involved in the accident, subject to policy limits. Additionally, you can also file a personal injury claim against the at-fault driver whose negligence/fault caused the accident. Again, this is subject to policy limits.

However, in the case of hit and run accidents, no at-fault driver or insurer can be identified. In some cases, investigations may identify the hit and run driver, but they may be under-insured or even un-insured. In such cases, Section 265 of the Ontario Highway Act can be invoked to provide statutory compensation for injuries by an unidentified/uninsured motorist. The coverage limit is only $200 000 and may not be sufficient to cover serious/catastrophic injuries.

Another option is to avail of compensation from the Motor Vehicle Accident Claims Fund which is usually seen as a last resort.

An experienced Chatham Kent personal injury lawyer can provide the right information and advice to get you the compensation you deserve.

Cambridge Personal Injury Lawyers: Defining the term “Car Accident”

Posted on October 27, 2017 by singhadmin

Most of us use the word “accident” in the broadest sense of the term, namely that it’s an unplanned, unforeseen event, that causes certain problems for those affected by it.

Accidents can be of many types – household or work-place mishaps, slip or trip and fall accidents, motor-vehicle accidents, medical accidents, those caused by defective products, accidents involving poisonous or hazardous substances, implements, weapons, etc.

Accidents also cause injury or loss, decrease in value of a particular object or resource and/or cause an increase in liabilities. Though technically, “accident” may not have a clearly defined legal meaning, insurance terminology defines it as an event that’s not intentionally caused, but which was not inevitable.

What is a Car/Motor-Vehicle Accident?

In terms of motor-vehicle accidents (MVA), accidents are defined as events that occur when a motor-vehicle strikes or collides with another vehicle, stationary object, pedestrian or animal.

Such accidents can result in a range of consequences, including injuries, loss of limb or life, financial, physical and emotional repercussions and long/short term inability to work and play. Accidents can be life-altering in the sense that a victim who’s permanently injured has to face a complete change in their way of life.

In terms of insurance, accidents are not really “accidental.” Most of them are avoidable and preventable since they are seen as being caused by someone’s fault or negligence, to a greater or lesser degree.

The concept of “negligence” is very important in terms of insurance and getting compensation for the losses suffered by injured drivers. It means careless or inadvertent conduct that results in harm or damage – something that’s commonly found in automobile accidents.

Establishing Liability

Most states, provinces, governments have regulations regarding the use and operation of motor-vehicles on public roads. Any unintentional violation of these laws and regulations can be seen as negligence. The person who has flouted these regulations had a duty of care to ensure that their operation of the vehicle does not cause harm or endanger the safety of others.

The person whose negligence or fault caused the accident is liable to pay compensation to injured persons. A simple test to establish liability is to ask the question whether the accident would have occurred if the at-fault party had not flouted the safety norms.

Under Ontario laws, all those injured in MVAs, regardless of fault, are entitled to get statutory benefits from their own insurers. Additionally, the injured are also entitled to seek compensation by filing a personal injury suit against the at-fault party.

Contact a Cambridge personal injury lawyer with experience and expertise in dealing with MVAs to help get the deserved compensation.

Recent Legal Interpretations of the Term

In a recent case, the LAT (License Appeal Tribunal) which was established to resolve appeals regarding compensation claims, broadened the scope of the term “accident” as per statutory benefits. This allows the entry of claims that may not fit into the category of “accident” as we know it.

The laws and legal terms are constantly changing and it’s wise to seek advice and assistance from a knowledgeable Cambridge personal injury lawyer under the circumstances.

Motor-Vehicle and Bicycle Collisions: Burlington Personal Injury Lawyers Can Help Injured Victims

Posted on October 26, 2017 by singhadmin

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

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

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

Why Cyclists Are At Risk

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

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

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

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

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

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

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

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

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

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

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

To Lend or Not To Lend You’re Vehicle: Brampton Personal Injury Lawyers Can Help You Understand The Issues Involved

Posted on October 25, 2017 by singhadmin

It happens all the time – someone asks to borrow your car and you toss the keys across without a second thought. A friendly, helpful gesture! And a perfectly safe thing to do, you might think.

But few of us are aware of the responsibility and liability that go with having someone else behind the wheel in our cars.

Of course it’s legal to lend your car in Ontario and in most parts of the world, but there are potential risks involved. The lender may not be aware of the borrower’s driving abilities and habits, their traffic record if any and whether they can be trusted not to undertake any illegal activities while using your car.

Brampton personal injury lawyers can help you understand the problems and challenges that you can face if someone has borrowed your vehicle and caused an accident through their fault or negligence.

What Are The Issues Involved?

Lending your vehicle can be risky. As a vehicle owner, you are completely responsible for the damages and injuries sustained in an accident that involves your vehicle.

Traffic offenses committed while driving a borrowed vehicle can go on the owner’s record.

Owners must also ensure that the borrower has a valid driver’s license, since your insurance company may not entertain a claim made by injured parties in case of an accident.

When we lend a vehicle we actually lend our insurance coverage too. Insurance “follows the driver” is a myth that many borrowers believe. However this is something that borrowers should take the trouble to understand – insurance follows the vehicle and not the driver. Hence, even if the borrower has the highest limits and top coverage, it’s the lender’s insurer who has to cover the damages caused by the borrower who drove your vehicle.

Lending your vehicle also implies that we have lent our clean driving records that go with our insurance policies. Hence, there can be a number of issues that could tarnish this record and affect our premiums if the car is involved in an accident.

Protect Yourself As a Lender

Be choosy about whom you lend your car to: Never lend to strangers, friends of friends, co-workers, etc whom you don’t personally know.

Even if it’s someone who regularly borrows your car, like your spouse or your children, there are certain aspects that need to be kept in mind.

Add regular borrowers to your insurance policy as occasional drivers: This helps to avoid a situation where your insurer can deny accident benefits claims.

Make sure that the borrower has a valid driver’s license: This includes ensuring that it’s the right category of license too.

Inform the borrower about the location of the vehicle’s registration and insurance documents.

Discuss how, where and who will drive the vehicle: Both borrower and lender should be clear on these facts. Never allow the borrower to lend to a third person.

Ensure that the vehicle is in good running condition and all aspects are functional.

Verify that the vehicle will be used only for the purpose that it’s being borrowed for.

Brampton personal injury lawyers can provide the right advice and assistance in case of motor-vehicle collisions.

Implications of the Fatal US Tesla Crash: Bolton Personal Injury Lawyers Understand the Significance for Ontario Drivers

Posted on October 24, 2017 by singhadmin

As the Ontario government moves towards testing driverless cars on its highways, there are several issues that need to be addressed regarding the use of such vehicles.

The collision that occurred in Florida in May 2016 resulted in the death of the driver of the Tesla Model S. The accident happened when the driver, Joshua Brown’s autonomous vehicle which was traveling well above the mandated speed limit, collided with a tractor-trailer.

The US National Transportation Safety Board is yet to provide its final report, but certain details have been shared with the public. The initial investigations reveal that the vehicle’s Traffic Aware Cruise Control and Autoseeker Lane Keeping systems were functional and activated but the vehicle’s Autopilot system failed to notice the truck crossing the highway in front of it. The light reflecting off the trailer’s side may also have confused the system.

Other sources report that Brown may have been watching a movie playing in the car. The truck driver reports that he heard a Harry Potter movie playing in the wreckage, but this has not been confirmed by investigators.

Another incident, this time non-fatal is being investigated in Pennsylvania. This accident occurred when the autonomous SUV rolled over at the Pennsylvania Turnpike after it hit road barriers.

What Are The Implications for Ontario Drivers?

An Ontario Ministry of Transportation spokesperson opined that his ministry takes the safety of all road users very seriously and will closely follow the results of the US National Highway Traffic Safety Administration’s investigations and the role that automated technology may have played in the crash.

Experts who have been involved in testing automated vehicular technologies in Canada have revealed that the crash exposes some very clear gaps in vehicle regulation as vehicles evolve from semi to fully autonomous systems.

Auto manufacturers should also provide supplemental training for new gadgets and technologies used in their vehicles so that drivers get familiar with them before hitting the roads. Instead, many auto companies make exaggerated claims about their vehicles’ capabilities, giving drivers a false sense of what to expect from hi-tech vehicles.

A legal case for the family of the deceased Florida driver is being contemplated, as legal experts feel that the driver may have been led to believe that the system was more capable than it actually was. Whether the driver was sufficiently aware of the defects in the autopilot system is a moot point. Experienced Bolton personal injury lawyers who handle motor-vehicle accident claims would find these cases of special interest.

The Issue Of Accountability

Autonomous vehicles immediately bring into focus the issue of accountability. Section 1 (2) of the Ontario Regulations 306/15 (2) came into force in January 2016 and it provides clear definitions of different levels of automation, ranging from no automation to driver assisted, partial, conditional, high and full automation.

There are several challenges to proving liability in the case of autonomous vehicles as there are questions about whether the driver can be held negligent in the use or operation of a vehicle that is fully automated. Hence, the alternative is to hold the manufacturer liable, at present. However, this area of the law is constantly evolving and Bolton personal injury lawyers ensure that they keep abreast with all the latest developments in the best interests of their clients.

Collision Reconstruction Provides Valuable Information: Belleville Personal Injury Lawyers Can Help You

Posted on October 23, 2017 by singhadmin

When accidents happen, there is confusion and chaos all around. People are shocked, bewildered and afraid. They may also have suffered injuries or seen injuries happen to their loved ones. The primary focus at this time is to get competent medical help and ensure that the injured are protected.

However, accidents can also result in serious injuries that cause huge physical, financial and emotional problems as time passes. The injured person may be unable to work for a long time, perhaps even permanently. There may be enormous medical costs, pain and suffering to be endured.

Accidents aren’t always accidental – they’re most often caused by someone’s fault or negligence. The injured are entitled to receive compensation from statutory benefits in Ontario and also by filing a personal injury claim against the at-fault party whose actions or omissions caused the accident.

An experienced Belleville personal injury lawyer who has worked extensively in the area of MVA (motor-vehicle accidents) can provide the right information, advice and guidance.

Proving Fault or Negligence

Accidents resulting from fault/negligence cause disruptions in the injured person’s life, livelihood and quality of living. Under personal injury laws, they are entitled to seek monetary compensation that would restore their lives to the pre-accident conditions as much as possible.

The keystones of personal injury law are proving negligence, providing evidence of injuries and the impact of these injuries on the life of the claimant.

Accident situations occur within a split second and it’s not possible to truly evaluate the exact cause unless there are very clear and unmistakable signs of negligence or fault, such as impaired or distracted driving, speeding, flouting of traffic signals etc.

Insurance companies which make the settlement payouts may dispute the injured victim’s claims in order to protect their own business interests.

Hence, providing robust proof of your claim is a vital part of getting the compensation you deserve.

Belleville personal injury lawyers who have handled such cases before are able to help you assemble a strong and compelling claim. We can conduct independent investigations into the collision, get expert testimony and evidence from eye-witnesses if any and ensure that your claim is backed by solid proof.

Collision Reconstruction

Known as vehicle accident reconstruction, this is the scientific, objective and analytical process of investigating and concluding how an accident occurred.

Independent investigators can use the latest technology and techniques to examine the vehicles, accident location and vehicle behavior. This helps them arrive at a conclusion that details exactly how the crash occurred.

They may use:

computer simulation/animation models
software to analyze event data
probability studies
paint analysis/matching
photography analysis
crash testing for low-speed collisions
visibility studies for poor lighting conditions
weather and climate analysis
tire and skid marks analysis
speed and movement of vehicles
sight-lines
sequence of events
reaction time
seat-belts/airbag deployment
vehicle control and bio-mechanical analysis
auto part failure/defect analysis

and more.

Information from police and traffic records, photographs, CCTV or video footage, eye-witness reports, medical reports, etc are other valuable sources of information.

Such information provides crucial data in fixing liability so that you can get the compensation you deserve.

Motor-vehicle Accidents Due To Distracted Driving: Barrie Personal Injury Lawyers Provide Assistance

Posted on October 22, 2017 by singhadmin

Have you or a dear one been injured in a motor-vehicle accident (MVA) that was caused by a distracted driver? Such accidents are the result of flouting of safety rules and negligence. These distracted drivers can be held responsible for causing the collision.

MVAs can result in a range of injuries, from minor scrapes, cuts, sprains and bruises to serious, life-altering and life-threatening injuries. Serious injuries result in enormous physical, financial and emotional losses not just for the injured victim but in most cases, their families too.

Ontario traffic regulations mandate that all injured victims, regardless of fault, are entitled to receive statutory insurance benefits paid out of their own coverage. Additionally, injured victims are also entitled to sue the negligent or at-fault driver by filing a personal injury claim against them, preferably with the advice and assistance of a Barrie personal injury lawyer.

Decoding Distracted Driving

A World Health Organization study conducted in 2011 observes that there are two types of distractions that drivers can experience: Internal and External. Internal distractions include use of cell-phone, tuning a radio, grooming, etc while External distractions comprise watching billboards, people, scenery etc.

Mobile phone usage is one of the major distractions that drivers experience while operating a vehicle. The proportion of drivers using their cell-phones while driving has increased over the last decade, from about 1% to 10% in 2011.

Texting, answering calls, e-mailing, checking GPS location, sending photos and using social media on the cellphone are some of the common behaviors that drivers may indulge in. Studies have shown that there is very little difference between using hands-free phones and regular hand-held devices.

These behaviors affect driving because:

They cause the driver to take his/her eyes off the road
Driver may remove hands from steering-wheel
Drivers are mentally preoccupied
There is a cognitive shift from the task at hand
Affect reaction time, especially while responding to traffic signals
Affect braking reaction
Affect ability to keep within lanes
Impair overall awareness of the driving situation
Result in reduced following distances (causing rear-ender accidents)

Other studies show that such risky behaviors are more common than we think. Three out of four Canadians admit to distracted driving. Distracted drivers can see only 50% of the available information around them if they are not fully aware while driving. Nearly 80% of collisions are caused by as little as a three-second inattention span immediately prior to the accident.

Legal Implications

If your collision was caused by the other driver being distracted, an experienced Barrie personal injury lawyer can provide a genuine and comprehensive evaluation of your case and the right assistance to take your claim forward.

Proving the use of cell-phone while driving can be difficult, unless the causes of the accident are thoroughly investigated. Eye-witnesses or co-passengers can provide valuable evidence, while CCTV cameras or video footage available from the location can also be very useful in proving liability. An experienced personal injury lawyer who has dealt with similar cases can ensure that a robust claim is presented to ensure that you receive the compensation you deserve.

Serious Risks for Pregnant Women In Motor-vehicle Collisions: Ajax Personal Injury Lawyers Can Help

Posted on October 21, 2017 by singhadmin

Pregnant women face very high risks to their own lives and that of their unborn babies if they’re involved in a motor-vehicle collision (MVA). This fact was confirmed in a study conducted in 2014 that examined ER data for more than 500,000 women across a five year period in Ontario. Women, especially those in their second trimester of pregnancy, are at a much higher risk according to an article published in the May 2014 issue of the Canadian Medical Association Journal. Nearly 3% of pregnant women were involved in serious collisions, with winter being the peak season for such mishaps.

The study also draws certain links between the occurrence of serious, life-threatening collisions and the woman’s being in the middle months of her pregnancy. According to Dr Donald Redelmeier the lead investigator in the study, pregnant women may be less vigilant due to fatigue, insomnia and back-pain which commonly occur in this period. The woman is also more stressed in anticipation of the baby’s arrival and the attendant changes to routine and relationships within the family.

Is Driving Unsafe During Pregnancy?

Dr Redelemeir found it interesting that most of the concerns that women had were about things like hot tubs or roller-coaster ridesbut never about driving. Working women and home-makers take driving as a matter of course and they don’t see anything inherently risky in it. However, statistics show that the risks are higher in the middle part of pregnancy and women should be aware of this fact.

Obviously, the study doesn’t recommend avoiding driving altogether during pregnancy. In fact, it’s much more physically and emotionally healthy to continue doing routine things and keeping to one’s normal schedule as much as possible.

Risks

Maternal trauma following an MVA can range from mild and superficial injuries to the need for immediate cardio-pulmonary resuscitation. Medical ethics demands that maternal assessment and therapy take priority over fetal care. Hence, doctors in ER tend to focus on keeping the mother’s risk at a minimum as compared to the unborn fetus’s. In general, about 4-6 hours of hospitalization is recommended for observation unless there are severe injuries caused by high-velocity impacts or pedestrian collisions.

Common complications of MVA in pregnancy include:

Placental abruption (separation of the placenta from uterus before birth of baby)
Hemorrhage
Pre-term birth
Rupture of uterus
Trauma to fetus due to impact
Injuries to fetal brain caused by restraints like seat-belts, airbags etc
Limb, rib or skull fracture for both mother and baby

Regular follow-ups and check-ups after any MVA, however minor, are important.

An experienced Ajax personal injury lawyer who has dealt with similar cases can provide the right assistance and advice.

Safety Tips

Pregnant women should simply follow standard safe driving behavior and this includes:

Seat-belt usage
Following traffic rules and signals
Avoiding distractions like cell-phones
Staying within speed limits

Accidents are not always “accidental” – they’re caused by someone’s fault or negligence. If your collision was caused by a distracted/alcohol/drug-impaired/speeding driver, contact an experienced Ajax injury lawyer. You may be entitled to compensation.

How Mediation Works In The Claims Settlement Process

Posted on October 20, 2017 by singhadmin

When Brampton personal injury lawyers first evaluate a case in their initial, no-obligations interaction with a client, they ensure that they provide a comprehensive and genuine assessment.

This allows the claimants and their families to make an informed choice about the merits of the claim and what their chances of getting a successful outcome are.

Every accident is unique and can have a different impact on the life of the injured victim. Some serious injuries can be life-altering or life-threatening while others may result in a long period of disability, inability to work, be mobile or enjoy life as the person previously did.

Monetary compensation would obviously never be able to restore completely what the person lost due to injuries, but it serves to make life a little more comfortable for the injured and their families. In tort law, the role of compensation is restorative or corrective, to attempt to restore the person to prior status and/or correct the wrong done to them.

Not all personal injury claims go to trial. There has been a strong movement away from the expensive, time-consuming and adversarial court process globally. In fact, more than 90% of personal injury cases are settled out of court, through a process of negotiations and mediation. Hence, personal injury lawyers who are involved in such processes have to be skilled negotiators. Often, a neutral mediator is chosen to moderate the proceedings and ensure that a balance is maintained.

What Is Mediation?

Mediation is undertaken by skilled, neutral persons with specific training in mediation, whose role is to ensure that a mutually agreed upon solution is found to a dispute by all the parties involved.

This occurs only when both parties request mediation voluntarily and agree to share the costs equally. It ensures that both parties have the opportunity to present their side of the dispute without the pressure of winning or losing. It also gives both parties the opportunity to decide the outcome of their case without having a judge/jury control it.

Preparing for Mediation

As experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers, we take the time to thoroughly explain the mediation process to our clients. This also involves preparing the client for it and ensuring that it remains comfortable and useful.

To this end, we convey all the necessary information about the mediation process to our clients, including:

Possibility of hearing statements that you disagree with
Facing polarized views in the beginning
The need for patience, as the process may be long
Avoiding frustration, dismay, anger, disappointment etc
Mediator will remain strictly neutral, won’t take sides
Keeping an open mind, readiness and willingness to compromise
Not taking extremist positions
Maximize the opportunity to present your case and hear the other side out
Being fully prepared with facts, figures and evidence
Undertaking pre-mediation meetings and conferences
Not focusing on emotions

Mediators don’t have the power or authority to make a final settlement, but they play an important role in ensuring an even playing field for both sides.

At-Fault Party’s Policy Limits and Financial Position: Can They Affect Your Settlement?

Posted on October 19, 2017 by singhadmin

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

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

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

Financial Aspects

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

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

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

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

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

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

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

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

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

Evidence Gathering in Support of your Personal Injury Claim

Posted on October 18, 2017 by singhadmin

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

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

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

Settlement Process

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

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

Importance of Evidence in Personal Injury Claims

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

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

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

Independent investigations can collect:

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

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

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

Personality Factors And Settlement Outcome: Is There A Relationship?

Posted on October 17, 2017 by singhadmin

Brampton personal injury lawyers understand that accidents cause a variety of injuries, ranging from minor cuts, bruises etc to serious, life-changing or life-threatening ones. In most cases, injuries result in physical, financial, social, emotional consequences that impact not only the injured person but also their families.

Injured victims are entitled to seek compensation for:

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

are some of the categories under which compensation is sought.

Since accidents are usually caused by someone’s fault or negligence, the compensation is paid out by those responsible or liable for such fault or negligence. Hence establishing and assigning liability is one of the cornerstones of ensuring a successful outcome in personal injury claims. The evidence of injuries and demonstrable proof of their impact on the injured person’s life is another important aspect of getting the right compensation.

There may also be a number of other factors that could influence the nature and extent of settlement, especially in a court trial.

Personality and Attitude

Although cases are judged on facts and an objective reading of the circumstances, one of the factors that may contribute to the trajectory of a case is the personality or attitude of the parties.

In court, their appearance, conduct, testimony, perceived motives could have a bearing on the final outcome. Obviously, all parties are prepared to be completely truthful and provide all material information that’s asked of them, but their attitude, character, candor, station in life, intelligence, ability to provide a convincing testimony etc could have an effect on juries.

Juries may identify better with those who convey information in a way that’s easy for them to understand and who seem to have “common sense” rather than an overly-intellectual person who may seem patronizing, over-smart or condescending. These are important aspects that experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers keep in mind when they present an expert witness or an eye-witness. Any exaggeration, misrepresentation, false statements or withholding of information can have a negative impact.

In mediation or negotiation situations, an attitude of forthrightness and candor often have salutary effects. When the opposite side feels that certain information is not being shared or is being withheld, they may develop a negative attitude, or they may suspect that there is some weakness in the claim.

Negotiation and mediation are undertaken with a primary focus on the willingness to settle through a mutually agreed compromise. The desire to “win” and “never lose” can be counter productive, and the chance to get a reasonably good settlement can be lost if the case goes to trial, since juries are unpredictable and the outcome is uncertain. A fixed bottom-line approach may not always work, and our experienced 24×7 injury lawyers encourage our clients to have patience and an open mind.

Since we work on a contingency fee basis, injured victims and their families don’t have to pay any legal fees upfront. We can also help you to tide over difficult financial situations in certain cases and ensure that you receive the best possible medical attention.

Car Accident Claims: Insurance Companies Have The Inside Track!

Posted on October 16, 2017 by singhadmin

Brampton personal injury lawyers are aware that when accident claims are made, the insurance company that makes the settlement pay-out is certainly going to thoroughly investigate it before they award it.

Most people assume that they are secure and protected against physical and financial damages in the event of an unforeseen disaster. They pay their premiums regularly and provide the necessary information in good faith. However, when they or their family-members are seriously injured in a collision, they could end up having to face a long and unpleasant dispute with the insurers who could devalue, deny or dismiss their claims for various reasons.

Insurance Agents Know A Lot More Than What You Tell Them

When you purchase a policy or you’re a plaintiff in a personal injury claim made against an at-fault party, there is a certain amount of information that you know you have provided. However, as industry observers in the US, for instance, opine, there’s a lot more that’s available to the insurer than from the obvious sources.

Information regarding your rating factors based on such things as your address, your claims history, whether you’re a non-renewal risk, what types of claims get rejected, under what circumstances you don’t have coverage, etc. is routinely analyzed by insurance services providers and stored for use in the event of a claim.

Ontario drivers are assured of accident benefits regardless of fault under the Statutory Accident Benefits Scheme (SABS) however, there have been sweeping changes in the laws over the last few decades. As a result, insurance companies have taken on board a number of other issues when they evaluate a claim for settlement.

Overlooking “fault” : In certain instances like rear-enders, where the question of liability is obvious, insurers may not be really concerned about establishing responsibility. Instead, they tend to focus on the kind of injuries that occurred, whether they cross the threshold, and are estimated to be above the standard deductible. Hence, cause is not a serious concern sometimes as far as calculating settlement goes.

Vehicle damage: One of the paradoxical aspects of estimating amount of settlement is the effect that images of damage can have on a jury. Although low-speed low impact accidents can cause serious injuries, insurers tend to give more importance to accidents where vehicular damage is equally spectacular.

Pre-Accident Status: The victim’s age and state of health prior to the accident are scrutinized and their level of functioning at that time is taken into account while arriving at a settlement.

Treatment and Rehabilitation: The various kinds of treatment, rehabilitation, medications and therapies being taken are studied in detail to evaluate whether the nature and extent of injuries are as serious as claimed. Whether the victim is making an effort to recover his/her health and genuinely looking for ways to support themselves financially is another issue that could be examined by insurance companies.

Other benefits: All other available sources that can be tapped to get benefits are thoroughly investigated by insurance companies to reduce their own contribution.

It’s wise to contact the nearest personal injury lawyer in Brampton without delay to ensure that your rights and entitlements are fully protected and you receive the compensation that you fully deserve.

Your Car Accident Injury Claim: Some Little Known Aspects

Posted on October 15, 2017 by singhadmin

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

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

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

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

What You May Not Know About Car Accident Claims

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

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

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

Traumatic Brain Injury: The Risk of Developing ADHD

Posted on October 14, 2017 by singhadmin

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

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

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

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

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

Traumatic Brain Injury and ADHD (Attention Deficit Hyperactivity Disorder)

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

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

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

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

How does ADHD impact the person’s life?

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

Adults with ADHD symptoms could face problems including:

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

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

Preventing Slip and Fall Accidents: Staying Safe While Out Walking

Posted on October 13, 2017 by singhadmin

Brampton personal injury lawyers understand that slip and fall accidents can occur like a bolt from the blue, but often their impact can be felt by the injured victims and their families for a very long time.

A simple fall can result in a variety of injuries, based on the location, kind of fall and the age/health status of the victim. In general, older people, pregnant women and people with health issues may suffer a greater impact.

In many cases, the victim may fail to report the problem, or consider the injuries too minor to warrant a visit to the doctor or ER. What is seldom understood is that accidents are not always “accidental.” They’re usually caused by someone’s fault or negligence. The injured are entitled to seek compensation for the losses they suffer as a result. Experienced Brampton slip and fall injury lawyers can provide advice and assistance.

One of the issues faced in slip and fall claims is establishing liability. If there are aspects of the case that suggest that the complainant was himself/herself careless or has contributed in some way to the accident, the settlement could be reduced proportionately. Taking reasonable precautions is important and can certainly play a role in ensuring the success of your claim.

Preventing Slip and Fall Accidents

Although it’s impossible to completely eliminate risks, especially if they’ve been created by other people, you can reduce your chances of slipping or tripping and falling.

Planning ahead is important: Even if it’s a short walk down to the corner store or a stroll round the neighborhood park, it’s wise to know exactly what is involved. Planning ahead involves knowing the route well, checking weather forecasts, being aware of potential hazards on the way like construction zones, uneven terrain, traffic conditions, etc.

Ensure visibility: If you’re an older person or have health issues, walking after dark and running errands on cloudy days is inadvisable. There may be areas that are poorly-lit that could cause a fall. If you wear glasses, ensure that you wear the right ones. We often step out wearing our reading glasses which may not be suited for moving around outside.

Wear the right gear: Dressing right when you step out is not just for aesthetic reasons. If you’re caught in rain or a sudden cold spell and not dressed right for it, you may hurry to get to a shelter and this can be hazardous. Similarly, wearing the right footwear is equally crucial. Non-skid, comfortable footwear is essential for not just older people, but for anyone who wants to stay safe while walking. Ensure that it’s in good condition.

Be aware and cautious: Listening to music, texting, answering calls on your phone etc are dangerous. Stay vigilant and alert at all times to avoid risks. Obey signs that caution “Wet Floor” or “Don’t Walk Here.” Watch for clutter and debris around construction zones.

If by some misfortune, you do slip and fall, whatever the nature of injuries, it’s wise to contact the nearest personal injury lawyer in Brampton who deals with similar cases immediately. We offer the right guidance to help you through the entire process.

Ontario’s 400 Series Highways: Stay Safe From Collisions

Posted on October 12, 2017 by singhadmin

Brampton personal injury lawyers know from experience that Ontario’s 400 series highways have a reputation for being risky and accident prone. For people who live and work in the southern locations of Ontario, these highways form an essential part of their daily commute. But they’re also the location for high volume traffic, regular shut-downs and closures due to accidents and delays caused by winter weather conditions.

Accidents are not just “accidental” – they’re usually the result of someone’s fault or negligence, or the flouting of safety norms for various reasons.

Catastrophic injuries can result from accidents on such high speed expressways and they leave a trail of destruction and irreversible problems in their wake. If you or a dear one has suffered injuries in a motor-vehicle accident, whether as a driver, passenger, pedestrian, bicyclist etc, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

The 400 Series Highways

The system of controlled-access highways known as the 400-series highways in Southern Ontario are under the provincial jurisdiction of Ontario and regulated by the province’s Ministry of Transportation. They’re built to high design standards, have a regulated speed limit and are monitored by various sophisticated traffic-management and collision-avoidance systems.

Although they initially recorded very low accident rates, some of them are currently under the scanner in television programs like Discovery Channel reality shows like Heavy Rescue :401 which focus on rescue operations, police officers and towing vehicles which help to clear the area when accidents happen.

Highway 401 crossing Toronto is the busiest stretch of expressway in the world! Statistics show that nearly 400,000 vehicles use the 400 series highways every day. Considering these figures, the accident figures are surprisingly low.

The Ontario traffic authorities have done exemplary work to minimize risks as far as the road conditions are concerned. The lower speed limits and the plentiful room provided for turning or merging, coupled with the installation of the Tall Wall that prevents trailer trucks from crossing over the barriers into oncoming lanes are features that certainly reduce the risks.

Safety Issues

Yet, accidents can and do happen on these routes. Road conditions, visibility, driver distraction, cellphone-usage, fatigue, unforeseen events are the most common causes.

Certain “hot spots” were identified and the police have encouraged drivers to exercise extra caution while passing through these areas.

Additionally, road safety features mandated from time to time have ensured the reduction in collisions caused by large transportation trucks and trailer trucks. The trucking industry is concerned about the risks and has taken important steps to ensure safety. Stephen Laskowski, President of the Ontario Trucking Association opines, “…we need to look at can we get better and the answer is yes.” He also felt that human error accounts for most at-fault accidents.

Features like speed governors, electronic trucking logs, tracking driver hours of service, electronic stability control management, mandatory entry-level training programs for drivers etc certainly go a long way in keeping the 400 series safer.

Experienced Brampton car accident lawyers can provide the right information, advice and assistance and ensure that your rights are protected.

Slip and Fall Accidents: Why Your Claim Could Be Denied

Posted on October 11, 2017 by singhadmin

Brampton personal injury lawyers often have to deal with insurance companies who initially deny or dismiss compensation claims made by people injured in slip and fall accidents.

Most of us believe that our insurance policy will cover our expenses and lost income and also compensate us for our pain and suffering following a serious injury sustained in an accident caused by someone else’s fault or negligence. However, what we forget is that insurance companies can and sometimes do act in bad faith, or they may adopt delaying tactics, minimize the nature and extent of your injury, deny/reduce their client’s liability etc in order to protect their own business interests.

Common Tactics That You May Have To Face

Contacting you immediately or soon after the accident: This move catches people at a vulnerable point, when their judgment is clouded by anxiety, pain, confusion etc. Injured victims/their families haven’t had the time/opportunity to gauge the full extent of their injuries or contact a personal injury lawyer. Insurance adjusters may offer a “quick and hassle-free” settlement which could turn out to be woefully inadequate later.

Requesting recorded statement/signed documents: Injured victims could make inadvertent admissions or say things without the full understanding of their import. Signing documents may give permissions to access confidential records, or provide waivers and releases of your claim.

Partial responsibility: At-fault party insurers may try to intimidate the injured person citing “partial responsibility” for the accident and offer the “best deal under the circumstances.”

Devalue/Criticize your medical treatment: Insurers may advise you that your medical treatment is unnecessary/over-done etc and that it may not get coverage.

Misinformation: Claims-adjusters may inform you that you’re entitled to only certain benefits, or misrepresent the amount of coverage available to you.

Why Claims May Be Denied

Apart from the tactics used to stall or delay your claim, insurance companies may also outright deny your claim. A Brampton personal injury lawyer with specific experience and expertise in handling the complex legal, medical and insurance issues involved can certainly provide the right guidance.

Apart from these problems, clients also have a responsibility to understand their coverage and ensure that their policies are kept valid and updated.

Some common reasons why claims are denied:

Factual or typographical errors: If you’ve moved, changed your bank, purchased a new vehicle, added a new family-member etc, and not added this information in your policy, it could work against you. It’s important to update your current address and status changes.

Padding: Ensure that your claim is factual, genuine and not exaggerated in any way. Compensation is meant to restore you to your original state prior to the accident, but not put you in a position where you profit from it.

Stay Safe: Follow the rules, if you know a property is unsafe to walk in, avoid it. Wear appropriate footwear and clothes, avoid walking outside if you’re unwell or on medication. Use your spectacles if needed.

As a result of such tactics and/or inadvertent errors, many injured persons could end up not getting the settlement they rightly deserve. Our experienced Brampton slip and fall injury lawyers can provide the right advice, assistance and advocacy.

Selecting The Right Personal Injury Lawyer: It Can Make All The Difference!

Posted on October 10, 2017 by singhadmin

Brampton personal injury lawyers understand the importance of getting the best possible settlement for their clients who have been injured in accidents.

Accidents can result in life-changing consequences and getting monetary compensation helps to make the lives of victims and their families a little easier and more comfortable.

However, unless you have the right kind of legal advice, assistance and advocacy, getting a satisfactory settlement from those responsible for causing the accident can be a well-nigh impossible task. There are several complicated legal, medical and insurance issues involved and only an experienced and knowledgeable legal mind can deal with them.

Selecting the Right Personal Injury Lawyer

Obviously, there are many factors involved in winning a satisfactory settlement. Getting the right personal injury lawyer certainly plays a huge role in this process.

Exclusive practice of personal injury law: The law like most other fields has areas of specialization, in which a legal professional gains experience and expertise. A family lawyer or criminal lawyer for instance would not be able to help you as much as someone who practices personal injury law exclusively.
Referral: In many cases, a law-firm may refer your file to another outside firm or lawyer. In such cases, you may have to pay referral fees. You may also have gone to this firm based on a recommendation and if they’re outsourcing their work, it’s not something that you may want.
“Runners”: There have been instances where the injured victim/family signs up with people who are not actually lawyers. They approach accident victims and promise to win them a substantial settlement but in reality, may only take the case to inexperienced lawyers, paralegals etc.
Communication and comfort: You need to feel respected and treated with dignity, whatever your status. Trust your gut feel and analyze whether you feel comfortable with the lawyer, whether it’s easy to communicate with them and that they will keep you informed and involved in the case.
Experience: Pick a lawyer with specific experience in your kind of case and a good track record of success.
Trial ready: Apart from negotiation skills, your lawyer should be prepared to take the case to court.
Check if there are conflicts of interest: The lawyer may defend the at-fault party or their insurers. In such a case they may not be the right ones to represent you.
Don’t hesitate to question: Clear all your doubts and ensure that you have complete clarity on fees, time-lines, keeping you updated etc.
Disciplinary record: Cross check if they have a good reputation for ethical practices with the bar association and the medical community
Language: Select a lawyer whom you can communicate with if you’re not familiar with a particular language.
Staying involved: Select a lawyer who will communicate regularly and keep you updated on status, progress, strategy, changes to laws, information etc.
Get clarity on financial terms: Fee structure, expenses, financial support, contingency fees etc. and ensure that these terms are provided in writing.

An experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer can protect your interests throughout.

Author Archives: singhadmin