About singhadmin

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New Automatic Insurance Coverage for Uber Drivers in Ontario

Posted on July 25, 2017 by singhadmin

Brampton personal injury lawyers deal with cases where drivers and passengers of cab aggregators like Uber are involved in collisions.

Ontario and Alberta are two provinces where Uber ride-sharing drivers and passengers are now automatically covered by an innovative new product , Uber Commercial Insurance.

The growing popularity of the sharing, just-in-time, on-demand economy has created the need for such services. Uber operates in several cities in Ontario and is an extremely popular choice with many sections of the population.

In an insurance industry first Ontario’s insurance regulatory body announced that it had approved of a policy from Intact Financial Corp. making it possible for Uber drivers and passengers to have insurance coverage for their ride-sharing services. The policy will be paid for by Uber.

Important Features of The Policy

This new insurance policy coverage covers both passengers and drivers and comes into force the moment the Uber app is first turned on and continues until the passenger exits the vehicle. When the app is not turned on, the vehicle owner’s personal auto insurance comes into effect.

The policy applies automatically to all Uber drivers regardless of their own auto insurance. When they’re driving their vehicles for private use, customers of certain insurers are protected as usual under their own policies at no extra cost.

The coverage includes statutory accident benefits, uninsured motorist coverage, family protection coverage and third-party liability up to $1 million when the app is in use but no ride has been accepted. When a ride has been accepted, the coverage limit is raised to $2 million. To get comprehensive and collision coverage, the car owner must have the appropriate personal policies.

Brian Mills, Chief Executive of the Financial Services Commission of Ontario opined, “Going forward I want to emphasize that the sharing economy in general and the automobile insurance implications in particular will continue to evolve and will require innovative solutions…”

Uber’s Canada general manager Ian Black welcomed the move in a statement as being “a smart seamless and simple solution for driver partners.”

The Ontario government has also approved regulatory changes under the Ontario Insurance Act to allow insurance companies to develop commercial fleet insurance policies for ride-hailing organizations.

How It Operates

The Uber journey is divided into Phases 0, 1, 2 and 3, where during:

Phase 0: the vehicle is being operated for personal use and the driver is offline.

Phase 1: the driver has logged on to the app but is yet to accept a ride.

Phase 2: driver has accepted a ride-request and is en route to collect the passenger/s.

Phase 3: driver is transporting passengers to their destination.

The new policy covers drivers, vehicles and passengers through Phases 1-3.

Uber drivers must contact their insurance brokers to inform them that they will be participating in the ride-hailing industry. This helps to bridge gaps between their existing and new ride-sharing coverage. Drivers need to inform their personal insurers that their vehicles are being used for Uber ride-hailing.

Since this is a very new development, there is still little clarity on how the courts will rule in case of a claim. An experienced Brampton car accident lawyer can assist, advise and advocate for you in such a situation.

Tire Blowouts – A Summer Traffic Hazard

Posted on July 24, 2017 by singhadmin

Brampton personal injury lawyers know that summer road-trips and vacations can turn into a nightmare when a tire blowout happens.

Traveling in summer can be dangerous because there’s much more traffic on the roads, the demographic includes a significantly larger number of young, inexperienced drivers and many more people driving under the influence of alcohol etc.

Transport Canada studies show that drivers need to take precautions to ensure that their tires are in good condition before they set out on the road.

Blowouts Are Extremely Dangerous

Did you know that there was a tire blowout season? According to Popular Mechanics, it runs from somewhere in mid-May through to early-October in the US. In other countries which experience extreme variations in climate, there is probably a similar time-frame when tire blowouts are more frequent.

The most dangerous blowouts are those involving large trucks and semis on highways. The entire tread can explode off an 18-wheeler semi in a single piece, or the tread can burst off the tire in a bunch of smaller bits. Either way, blowouts put other road-users at a huge risk. The vehicle becomes highly unstable and the driver loses control of it. It can turn turtle, cross lanes, hit or jump over dividers. In other cases, the cargo can work loose from its moorings, scatter across the road, posing a risk to oncoming and following traffic. If the material is hazardous, the risks become even more compounded.

Why Do They Happen?

Trucks crossing Canada’s vast network of roads may travel across heat-waves on the Trans-Canada highway. Asphalted roads can transfer huge amounts of heat which in turn pass immense amounts of heat on to tires. With the hot air expanding inside the tire too, a tiny structural weakness in the tire can cause a disaster.

Most drivers tend to under-inflate their tires in summer, since they expect heated air to expand inside them. Most trucks tend to be more heavily loaded in summer and drivers are less vigilant about checking tire pressure in the more pleasant driving environment. They also need to check tire pressure when cold to get the right reading.

Low tread depth is another risk factor. Truck drivers/owners have to ensure that the tread depth is kept at the manufacturer’s recommendation to ensure better handling. This also reduces blowout risks.

Cutting costs by using winter tires in summer can be absolutely fatal. Spring changeovers are vitally important and drivers need to take the time and effort to do this. Well-maintained tires that are designed for the season are a driver’s best bet in avoiding accidents.

Another issue is regular maintenance. Commercial truck companies must follow safety standards and ensure that their vehicles are kept in top running condition.

Bad road-conditions, potholes, nails and debris on the roads can raise the risks of tire blowout.

It’s important to understand that summer tire blowouts happen following accumulated damage. They don’t suddenly occur. Hence regular inspection and maintenance are crucial.

If you or a dear one has been injured in such an accident, contact the nearest personal injury lawyer in Brampton with experience in handling similar cases.

Accidents Caused By Road Debris : Whose Responsibility?

Posted on July 24, 2017 by singhadmin

Brampton personal injury lawyers often deal with cases where people are injured in collisions involving debris on the road.

The December 2015 incident on Highway 401 in Pickering, where a woman driver was critically injured by metal debris falling off a tow truck and piercing her car’s windshield, has brought the serious issue of damage caused by falling debris into focus.

In this particular incident, , a long piece of metal, used to connect vehicles by tow truck operators, caused damage to at least four other vehicles on the highway, as it kicked up and was tossed on to oncoming vehicles repeatedly.

Accidents caused by road debris are more common than we think. The American Automobile Association’s Foundation for Traffic Safety has provided startling figures revealing that a huge number of motor-vehicle accidents are directly caused by road debris. The Foundation estimates that nearly 25,000 collisions are caused on North American roads each year due to scrap metal, road gators, garbage etc.

If you or a dear one has been injured in a collision caused by road debris, contact the nearest Brampton car accident lawyer with experience in dealing with such cases. You may be entitled to compensation.

Causes of Falling Debris Accidents

Trucks and trailers transport different items that include cars, motor-cycles, gravel/sand, cement/concrete, flammable liquids, oil, milk, frozen food, animals, rocks and stones, logs, hazardous chemicals and gases, fruit and vegetables, poultry, eggs, water, metal, etc. Motorists on highways who travel at high speeds least expect such debris to be lying on the tarmac or to fall off over-loaded trucks in front of them. They can cause a variety of injuries and damage ranging from cracked windshields, burns, toxic fumes, serious injury to drivers and passengers besides causing multi-vehicle pile-ups and collisions.

The actual weight of the items may not cause damage but the impact, velocity and speed with which they strike can certainly cause extensive damage to people and vehicles following them. Trucks on highways usually travel at speeds upwards of 60mph and they may have warning signs that caution vehicles following them to keep a 200m gap.

Who Is Responsible?

Drivers of trucks with/without trailers are responsible for their vehicle and load. They must ensure that the load is:

secured properly
within the weight and height restrictions
will not shift during transportation.

Sharp turns and sudden stops can cause the load to shift and the driver must be ever alert.

Commercial trucks are more liable to lose their cargo due to faulty securing, but private vehicles, smaller trucks, pick-ups and minivans transporting goods may also not have their load properly secured.

Ontario has very strict guidelines about operating a vehicle without secure load ranges, with fines ranging between $130-310, based on whether the vehicle is commercial or personal. The Highway Traffic Act deems that loads that over-hang the back of vehicles by more than 1.5m should be marked by a red flag, red marker or red light, based on time of travel and the ambient light.

If you have suffered injuries in such an accident, a thorough investigation into the circumstances can help fix the liability clearly and help you get the compensation you rightly deserve.

Hurt On Private Property? Your Legal Options

Posted on July 23, 2017 by singhadmin

Slip and fall accidents can have a far-reaching impact on not just injured victims, but often on the entire family.

Such accidents can result in a variety of injuries that result in serious physical, financial and emotional consequences.

Most people tend to assume that “Accidents are just accidents.” However, it’s a fact that most accidents are avoidable and preventable. They’re usually caused by someone’s fault or negligence, especially when they occur on someone else’s property.

Another common assumption that people make is that the accident happened because the victim was careless or not paying enough attention. As a result, many people injured in slip and fall accidents fail to take action against property-owners. CBC News Toronto reported that that slip and fall injuries seemed to be on the rise and these figures continue to cause alarm pedestrians and health-care professionals. Toronto’s extended wintry conditions are the culprit in the huge number of people who have been injured after slipping and falling on icy, wet pavements, uncleared snow, hidden potholes and a host of other unforeseen hazards.

Skidding on ice can lead to a range of injuries, including a nasty crack on the head, damage to your spine, fractured hip-bones, dental and facial damage and crush injuries. If you skid and fall from a height, the risks are even greater.

Property-owners have a duty of care to ensure that their premises remain safe for all those who legitimately visit.

If you or a dear one has been injured in a slip and fall accident, contact the nearest personal injury lawyer with experience in dealing with similar cases. You may be entitled to compensation.

Types of Injuries

When such accidents happen, the injuries can range from minor and temporary to serious, life-altering, life-threatening and permanent. They include different types of soft tissue injuries, fractures, brain and spinal cord damage etc.

Whatever the nature of injury, it’s important to immediately report the injury to someone in authority at the site of the accident, collect details of how the accident happened by taking photographs if possible and most importantly, visit a qualified medical doctor without delay and get a thorough examination done. These steps are crucial when seeking compensation and medical, legal and insurance issues arise.

Who Is Liable?

Though the circumstances may differ from case to case, in general, property owners, those who rent or lease premises, multiple occupiers like shared tenancies, both landlord and tenant sharing the premises, organizations like sports-bodies etc all have a duty of care to ensure that their premises remain in a state of reasonable safety. Occupier’s Liability laws are in force across the country and clearly define the liability in case of single or multiple owner/lessee/tenant/occupier. The lease or rent agreement should define the responsibilities and duties of each one of the parties, regarding areas, inspection, repairs, maintenance and liability.

Business owners are held to a higher standard of care. They must ensure that warning-signs are in place and be reasonably able to foresee negligence by any third-party who occupies the premises.

Injured victims or their families can ensure that their rights and interests are protected by consulting an experienced slip and fall injury lawyer.

Signs To Red Flag In Traumatic Brain Injury

Posted on July 22, 2017 by singhadmin

Brampton personal injury lawyers understand the importance of early diagnosis and intervention in the case of Traumatic Brain Injury (TBI) following an accident.

Brain injuries can range from mild to severe. They largely depend on the area of the brain affected and the extent of injury. One of the main concerns with diagnosis and treatment of TBI is that the symptoms don’t always manifest immediately.

Causes of TBI

TBI may be of the open or closed type, where the skull is damaged or not. These injuries may occur due to several reasons, including:

Direct blow to the head
Gunshot wounds
Violent shaking of head and neck
Severe whiplash
Sudden movement or momentum change
Motor-vehicle/bicycle/motor-cycle/pedestrian accidents
Slip and fall accidents
Fall from a height
Assault
Being ejected from a moving vehicle
Sports injuries
Explosives

Additionally, if a person has suffered TBI previously, another severe damage to the head can compound the symptoms, especially if the first injured was not completely healed or resolved.

Statistically, young adults in the age-group of 15-19, older people above 65 and males across all age groups are more likely to sustain TBI.

Here you can read about Bad Habits that Can Hurt Your Brain

Diagnosis

TBI is initially diagnosed by physical examination and clinical interview with the victim following the accident. It is confirmed by CT scans, MRI etc but some cases of mild TBI may not show in imaging. In these cases, keeping the history of the person in mind and syncing it with the behavioral, emotional and cognitive aspects.

A multi-disciplinary team of professionals is involved in the diagnosis, which includes speech/language pathologists, audiologists, physicians, psychiatrists, nurses, physiotherapists, vocational and occupational therapists, social workers, employers, educationists etc.

In the case of children, infants or babies, the parent or care-giver’s report is important. Our experienced Brampton personal injury lawyers can assist victims by ensuring that the right diagnosis is obtained.

Signs and Symptoms

It is important for friends, family-members, co-workers and anyone else who is in regular contact with an accident victim to be vigilant and alert for certain symptoms that could indicate TBI.

Depending on the severity, they include:

Cognitive deficits
Mood swings
Unexplained headaches
Confusion
Light-headedness
Dizzy spells
Blurred vision
Ringing in the ears
Excessive exhaustion
Drowsiness
Sleep disturbances
Bitter taste in the mouth
Light and sound sensitivity
Behavioral or personality changes
Inability to concentrate
Physical problems like loss of balance, nausea, swallowing difficulty
Thinking skills deficit: Processing information, problem solving, orientation, executive functioning, goal setting
Seizures
Speech disorders
Social-Emotional problems

The list could go on, based on the type of injury and the area of the brain that is affected.

Treatment

Prolonged hospitalization, surgery and extensive rehabilitation are required. It can be a short or long-term or lifetime requirement.

Speech and physical therapies are essential. Psychiatric evaluation, neuro-psychological assessment and frequent monitoring of the person’s condition are required. Prevention of secondary complications and restoration of available functions is begun.

In the case of long-term/permanent disability, assistive technology and therapies are required, along with medications. Life-long care, vocational and re-educational aspects are also essential. Our car accident lawyers work with the family to analyze the future care of the person.

Laws Must Protect Our Youth From Brain Injury

Posted on July 21, 2017 by singhadmin

Brampton personal injury lawyers are proud that Ontario became the first province in Canada to pass a legislation aimed at preventing concussions among young sports-persons and athletes. Known as Rowan’s Law, this important piece of legislation has huge implications for amateur sports leagues across Canada.

How It Happened

17 year-old Rowan Stringer was a talented young rugby player from Ottawa who tragically died on Mother’s Day, 2013, following multiple head concussions over a short period of time while she was playing. Known as second-impact syndrome, she suffered head trauma for the second time in a week, leading to her death.

Second-impact syndrome (SIS) occurs when the brain swells suddenly, swiftly and dangerously soon after a repeat impact that happens before the effects of the first one have healed. It can take place minutes, days or weeks following the earlier one. Sports-persons are specially vulnerable, since they return to the sport too early after the first impact.

SIS results in low distribution of energy and lesser blood flow within the brain. If managed properly and with proper rest, the effects of the first impact need not have serious consequences. However, when the subsequent impact occurs, the brain, being already vulnerable is unable to cope with the additional trauma. This results in fatality. At that time there were no protocols in place that could have prevented Rowan from returning to play after the first trauma unless she had a doctor’s certificate.

Rowan’s Law

A coroner’s inquest into Rowan Stringer’s death resulted in 49 recommendations for prevention of such fatalities. They include:

Awareness creation for athletes, sports-persons, parents, coaches and teachers about concussion injuries
Better concussion identifying tools for coaches and trainers
Concussion policies in place across Ontario school boards and sports bodies
Increased training and education for health-care professionals to identify and manage concussion

The law passed in June 2016 following the inquest findings has come to be known as Rowan’s Law. This was the first law that is specifically aimed at protecting children and youth. It ensures that all sports related associations and educational institutions put rules in place that mandate how concussion should be dealt with.

A variety of laws were put in place for Ontario school boards, rugby and sports clubs as well as ensuring a fee waiver for treatment of possibly concussed students, including during the recovery period.

Rowan’s father Gordon Stringer is among the many people who believe that her death was entirely preventable. “We need to have everything we can in place to prevent this from happening to another child,” he opined, “We don’t want anyone else to have to go through it.”

As of now, aside from Ontario, only Manitoba has proposed such legislation that would force sports bodies and associations to put protocols in place regarding return-to-play.

Apart from fatalities, concussion can also have other effects on the injured person. A study conducted in 2014 revealed that Ontario teens who suffered head trauma are more likely to lead troubled lives, with suicide, criminal behavior, aggression and bullying being some of the features.

Our 24×7 injury lawyers can advise you in such cases, help you with recovery and get possible compensation.

Head Injuries Sustained By Cycling Accident Victims: Whose Liability?

Posted on July 20, 2017 by singhadmin

Brampton personal injury lawyers know from experience that cycling accidents usually take a heavy toll on cyclists. On June 12, 2017, a 17-year old girl suffered serious injuries when she lost control of her bicycle and crashed the bike. She was part of a group of teenagers who were riding downhill at Chinguacousy Park in Brampton at night. The youngsters were riding on a trail located at the back of a popular ski hill. The victim was rushed to emergency care trauma center where her condition remains life-threatening.

Regional Police Constable Robert Fischer opined that although cycling is a great sport, he would like to remind everyone that they should ensure that they have the proper safety items with them, including a bicycle helmet, even when they’re off the road.

Cyclists are perhaps the most vulnerable of road users. They are nearly ten times as likely to suffer fatal injuries following an accident as compared to occupants of motor vehicles. In many cases, the victim was a person in the prime of life, in perfect physical and mental health, passionate about the outdoors and sports. Often, they may have just been out for a leisurely ride to relax after a hard day’s work at the office.

What Causes Cycling Accidents?

Hundreds of people in Ontario visit ERs in cycling related accidents and injuries and it is the opinion of health-care professionals that each one of these could have potentially been fatal. They also feel that while these accidents could not have been predicted, they were certainly preventable. As a result of the perceived dangers of cycling, civic authorities fear that people are less likely to cycle and more likely to discourage loved ones from cycling too.

Statistics show an alarming rise in cycling accidents. The reasons are not hard to find.

Distraction
Fatigue
Poor visibility
No helmet
Stunt riding
Alcohol/Drug Impairment
Carrying heavy loads
Failure to yield
Ignored warning signs
Ignored traffic lights
Traveling in wrong lane/against traffic
Emerging from behind parked vehicles
Unsafe lane changing

Who’s Liable?

Unlike motor-vehicle drivers, cyclists aren’t required to carry insurance. Under Ontario laws, both motorists and cyclists are covered by the Statutory Accident Benefits Scheme (SABS) regardless of fault. A brampton car accident lawyer can help you with the claims process.

Cycling is a billion dollar industry in Canada. More than 65% of Toronto residents own at least one bicycle, as it is an extremely bicycle-friendly city. The Occupier’s Liability Act (OLA) governs municipal liability for accidents occurring on locations other than highways or roadways and the municipality has a duty of care to ensure that the premises remain in a state of reasonable safety.

However, the duty of care is restricted when it comes to recreational trails. If the cyclist had exercised due safety on such trails, or not acted recklessly, the OLA can be invoked only partially, based on the circumstances.

Our 24 hour injury lawyers can assess your case and provide you with a genuine, swift and comprehensive evaluation.

Animal Related Motor-Vehicle Accidents: Safe Driving Tips

Posted on July 14, 2017 by singhadmin

Brampton personal injury lawyers know from experience that collisions between animals and motor-vehicles pose unique road safety challenges. One of the issues that prevents us from gaining a real understanding of the magnitude of the problem is the fact that reliable data is not available in this sector. Transport Canada sources confirm that the available data captures only about 50% of animal/motor-vehicle collisions. A 2003 report entitled Collisions Involving Large Animals and Motor-vehicles in Canada confirms that in 95% of animal-vehicle collisions result in property damage which is often less than $1000, and this could be one of the reasons for under-reporting

Pedestrians and bicyclists are aware of road rules and safety issues but animals obviously are not. They tend to appear suddenly in one’s path and also behave unpredictably on the roads, especially if they are startled or frightened by the sight and sound of a vehicle. As our road networks expand and penetrate into the habitat of wildlife, it’s only to be expected that there could be an increase in man-animal conflicts.

Statistics show that there are 4 to 8 large animal collisions every hour in Canada. Data for 2014 reveals that there were 11, 466 animal vehicle collisions in Ontario according to the Ontario Provincial Police.

Drivers need to remain vigilant not just for wild animals while driving through forest tracts, but also for domestic animals like cows and sheep while passing through agricultural and rural areas, and for pets and smaller creatures while passing through more urban locations. Apart from collisions, many drivers being nature-lovers may tend to stop unexpectedly on the highway to watch, photograph, avoid or tend to animals, leading to unsafe conditions for other road users.

Reduce Your Risks

Drivers need information and awareness about how to react in case they encounter an animal on the road.

Obey The Signs: Watch out for Wildlife Warning signs. They are distinctive, yellow diamond shaped signs that warn drivers that there is a risk of encountering an animal there. Though there may not be any speed reduction warning alongside, it’s only common-sense to drive slower in such sections.

Slow Down: Speed prevents drivers from exercising other options like stopping in time, swerving, honking, flashing lights at the animal, etc. It’s important to keep your speed at reasonable levels in areas which you know to be risk-prone.

Practice Defensive Driving: Pay attention to both sides of the road and expect the unexpected.

Time-related: Dusk and dawn are particularly risky times, when animals are more active. Animals like moose are difficult to spot in low light, because of their dark coats.

Strategic Moves: Gut instinct invariably leads drivers to swerve when they spot an animal suddenly, but this could pose a bigger risk. You may also hit other vehicles. For smaller animals like deer, braking is a better option, while swerving is certainly the best way to avoid hitting a large animal like a moose. For very small animals, it may be unfortunate, but it’s wiser to make a choice of hitting it if there are other vehicles on the road.

Stay Focused: If you have hit an animal, call the RCMP or park wardens in National Parks. Never try to attend to wounded animals as they can be dangerous.

Contact the nearest personal injury lawyer in Brampton if you or a dear one has been in an animal-related collision. You may be entitled to compensation.

Pedestrian Head Injuries: Who Is Liable?

Posted on July 19, 2017 by singhadmin

A 40 year old male pedestrian suffered suffered serious head injuries after being struck by a delivery truck at the Dundas St and Beverley St intersection on May 3, 2017. Paramedics who rushed to the scene were responding to a 7:15 am emergency call and the injured victim was rushed to the ER. Toronto police have issued an advisory that the intersection will be closed for reconstruction of the accident and investigation into the accident will continue. The truck’s dash-cam footage will also be examined as part of the investigation.

Such incidents bring into sharp focus the fact that pedestrian accidents are on the increase. In Toronto, they have spiked by nearly 15% over the last year, and Toronto police opine that nearly 50-60% of all motor-vehicle fatalities involve pedestrians.

This was one of the reasons that the Making Ontario’s Roads Safer Act was passed swiftly in 2016.

What Causes Pedestrian Accidents?

Accidents involving pedestrians are quite common. It’s a sad but true fact that many pedestrian accidents never get reported, especially when the pedestrian suffers minor injuries. Most pedestrian accidents are caused by driver error, fault or negligence.

Among the main causes of pedestrian accidents are:

Driver distraction due to electronic devices
Drug/alcohol impaired driving
Driver unfamiliar with road
Aggressive driving/Road rage
Arterial roads/Highways/Busy Urban Centers
Failure to yield
Disobeying traffic signals
Speeding
Improper lane use by bicyclists
Unmarked crosswalks
Unsafe turns at intersections
No warning while backing up or making U-turn
Quieter cars
Pedestrian inattentiveness: Texting, reading, window-shopping, listening to music, etc
Pedestrian wearing dark clothes at dusk/dawn
Poor lighting/visibility/weather-conditions
Pedestrian ignoring Don’t Walk sign
Pedestrian crossing road at intersection

Who is Liable?

Pedestrian safety is a good marker for a city’s overall safety parameters. These accidents are not inevitable. Most of them are preventable and avoidable. Motor-vehicle drivers have the added responsibility of ensuring that they drive safely, within prescribed speed limits and that they obey all signs and signals. They also need to make necessary adjustments for weather conditions like rain, snow, slush etc that could cause pedestrians to step off curbs or cross the road unexpectedly or at unmarked places.

Looking at the above causative factors, it’s obvious that most of the errors are committed by drivers, but a few of them could also be errors on the part of pedestrians. Hence in some cases, there may be an element of shared responsibility. Pedestrians are expected to obey traffic rules and signs, avoid jaywalking, remain alert and avoid distractions like texting, music etc. If possible, they should wear bright or reflective clothing especially at night.

Every province has its own set of traffic rules and most of them are in favor of the pedestrian’s right of way. They are most vulnerable and can suffer serious injuries in a collision, hence motor-vehicle drivers are expected to remain alert and cautious.

An experienced car accident lawyer can help you with the right advice, assistance and advocacy.

Putting Insurers On Notice: Saadati vs Moorhead: Evidence of Recognized Psychiatric Injury Not A Precondition to Recovery

Posted on July 13, 2017 by singhadmin

Brampton personal injury lawyers have taken note of a landmark judgment on June 2, 2017, where the Supreme Court of Canada released a unanimous decision that filled a much-felt void in tort law. The court stated that proof of a psychiatric injury is not required to be furnished as a precondition to the award of damages for mental injuries that were caused by negligence.

Previously, it was common for courts to dismiss mental or emotional injury claims caused by negligence if the claimant was unable to demonstrate valid proof of a recognized psychiatric injury. However, this judgment now clearly shows the way. The court ruled that to establish a mental injury caused by negligence, the claimant has to show evidence for a “serious and prolonged disturbance that can be distinguished from normal annoyances, anxieties and fears.”

Saadati vs Moorhead

The case was heard in the Supreme Court after various trials at the Supreme Court of British Columbia (BC) and the BC Court of Appeal.

Mohsen Saadati (Appellant), Grant Iain Moorhead, Able Leasing Ltd and one other (Respondents) and the Insurance Bureau of Canada (Intervener) were the parties.

In the years 2003-9, Saadati was involved in five separate motor-vehicle accidents and suffered injuries. He was declared mentally incompetent in 2010 and has been represented by his litigation guardian. He had experienced chronic pain since the first accident which became aggravated after the third one.

Saadti sued the other parties in negligence, seeking damages for non-pecuniary losses and past income loss that arose from the second accident. Respondent admitted liability for the accident but rejected the claim for damages.

Since Saadati was unable to testify at trial, the trial judge found that the testimony of his friends and relatives was sufficient proof of psychological injury and awarded non-pecuniary damages of $100,000. The claim for physical injury was rejected and the judge did not find that the evidence of his expert psychologist to be enough to establish psychological injury. The BC court of appeal overturned this decision. This decision was later reversed by the Supreme Court of Canada.

Criteria for Recovery in Cases of Mental Injury in Negligence

The Supreme Court judge ruled that there are five cumulative criteria which determine the proof of existence of mental injury in negligence:

Duty of care
Breach of duty
Damage
Legal Causal relationship
Factual Causal relationship

There is no requirement to prove that a specific, recognizable injury was sustained by the claimant. To establish mental injury, the presence of serious and prolonged disturbances, beyond ordinary annoyances, anxieties and fears is enough. The important factors are symptoms and their effect and not the diagnosis. Proof that the defendant could have foreseen the injury and not the recognizable psychiatric illness is sufficient, ruled the court.

Implications for Accident Victims

In the light of this judgment, Toronto car accident lawyer and Toronto slip and fall injury lawyer can advise you suitably, if you or a dear one has suffered mental injuries in an accident.

This decision will certainly have a huge impact on future cases, since it puts mental and physical injuries on equal footing. Claimants who have sustained mental injuries no longer have to get a diagnosis of a specific injury and can instead demonstrate serious and prolonged disturbances in support of their claim.

After The Event Insurance: Implications For Personal Injury Litigation in Canada

Posted on July 10, 2017 by singhadmin

Brampton personal injury lawyers need to inform their clients that After The Event (ATE) insurance is now available in Canada. This can be purchased by a claimant after an accident occurs in order to offset legal and other costs in automobile or non-automobile personal injury cases.

What Is ATE?

ATE is a legal expenses insurance policy that fully protects our clients against the at-fault party’s adverse costs, their own disbursements etc in the event that the case fails or is abandoned for some reason.

It can be used by both claimant and defendant but in practice, it is mostly used by claimants. It is generally purchased by lawyers/law-firms on behalf of their clients. Brampton slip and fall injury lawyers and Brampton car accident lawyers can provide more information on this.

ATE covers legal costs that claimant has to pay to defendant when the claim is unsuccessful. The claim may be lost in a trial, it may be abandoned or settled after the defendant has incurred certain costs that the claimant is liable to pay. It may also cover costs that the lawyer/law-firm has to incur in the course of the personal injury case. These may include accessing police and medical reports, payment of court fees, getting expert opinions etc. Though some experts feel that ATE encourages less-than-efficient litigation since it offsets costs onto insurers, in fact ATE allows our clients to get the best services, since we can afford to secure our disbursements

Typically, an ATE policy costs below $1500 and provides coverage for $100,000 for:

Defense and disbursement
Claimant disbursements
Interlocutory costs
Coverage for failing to beat settlement offer
Claimant disbursements in case of claim abandonment

Time of Purchase

ATE insurance is purchased after the accident (event) has occurred and before any major legal costs and disbursements have been incurred. Hence, ATE is usually purchased at the point at which the lawyer begins pursuing the claim. Some lawyers/firms tend to leave the purchase of ATE a bit later, when the court proceedings are well on the way. However, this could be counter-productive as by then, significant expenditure would have been incurred and there are no guarantees about the outcome of the claim.

Important Aspects

ATE is an incentive for reasonable settlement and the elimination of frivolous litigation. In many cases, when claims have lower chances of success in court, defendants may make an offer in exchange for waiver of costs. Also, in some instances, claimants may refuse a reasonable offer and go on to win at trial, but the award may be a lesser amount. Court may use its discretion and order that the claimant pay defense costs from date of offer to trial. Often, plaintiffs are left with almost nothing or may owe money to defendants. In such cases, ATE provides for coverage of adverse costs.

ATE could be mandatory in some jurisdictions and it is important to discover early on whether the claimant is insured against costs consequences. This can significantly impact the settlement process.

Our experienced brampton personal injury lawyers stay well-informed on all the latest rulings regarding ATE policies so that your interests are fully protected.

Brampton Slip and Fall Injury Lawyers: Because Living With Mistakes Is Hard!

Posted on July 2, 2017 by singhadmin

Brampton personal injury lawyers Singh Barristers are regularly consulted by people who have been injured in a slip and fall accident through no fault of their own. They end up paying for someone else’s mistake, fault or negligence by bearing the enormous physical, financial and emotional consequences.

Slip and fall injuries can be a life-altering experience if the injuries cause serious or permanent disability. Tragically, on hindsight it can be proved that most of these accidents are entirely preventable and avoidable. They may have occurred simply because someone somewhere down the chain of liability decided to cut costs, violate a few safety norms, neglect to conduct timely repairs or replace a tile or broken banister rail.

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

Premises Liability

The Occupier’s Liability Act in force in Ontario places the responsibility of maintenance of premises in a state of reasonable safety for all legitimate visitors squarely on the property owner. All property owners have a duty of care to ensure that all premises owned by them are kept safe not just for the people who regularly live/work there, but also for visitors.

When someone who legitimately visits the property suffers a personal loss due to an unsafe condition on that property, whether domestic or commercial, the owner of that property is liable to cover the consequences suffered by the injured person.

Hazardous conditions on properties would include tripping/slipping hazards, slippery/badly-maintained flooring, lighting, etc. these conditions may have been caused by the property-owner.

Ignorance/negligence by the property owner though they knew about the hazardous condition also makes them liable.

If the property-owner was notified of the hazardous condition but failed to take corrective action, this is also a key factor in proving negligence.

How We Can Assist

Our experienced Brampton slip and fall injury lawyers can help you claim compensation for:

Medical expenses
Loss of wages, income
Pain and suffering

Proving negligence, establishing the correct ownership of the property, gathering evidence etc are areas where our legal and multidisciplinary teams can help you.

24×7 injury lawyers ensure that a strong and robust claim is presented so that you receive the compensation you deserve.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)

Brampton Personal Injury Lawyers: Big Or Small – Accidents Hurt!

Posted on June 30, 2017 by singhadmin

Brampton personal injury lawyers Singh Barristers are regularly consulted by people who have been injured in various types of accidents through no fault of their own.

Slip and fall accidents and motor-vehicle accidents are among the most common ones in urban areas. Such accidents are on the rise in recent years, partly due to the fact that Canada has a large and increasing component of elderly citizens. This demographic may suffer a variety of accidents on city streets. As pedestrians they may be involved in motor-vehicle collisions, or they may suffer slip and fall injuries. This can seriously affect their future health, mobility, quality of life and financial and emotional well-being.

The most unfortunate aspect of such accidents is that most of them are preventable and avoidable. They’re usually caused by someone’s breach of safety regulations, fault or negligence.

Contact the nearest personal injury lawyer in Brampton if you or a dear one suffers injuries in an accident. You may be entitled to compensation.

Common Injuries That Senior Citizens Suffer In Accidents

As our Brampton car accident lawyers and Brampton slip and fall injury lawyers know from experience, the elderly comprise one of the most vulnerable populations in our cities.

They can suffer a variety of injuries in accidents, based on their general health status, weight, age, etc. The injuries may include:

Ankle, Wrist, Knee Sprains or Fractures
Shoulder Dislocation
Facial or Dental injuries
Hip Fractures (These are most common among older adults)
Back and spine injuries
Concussion/Contusion
Traumatic Brain Injury
Cuts, Wounds, Lacerations
Impact Injuries
Bruises

Hip fractures in older adults are a matter of concern. They may require surgery and this is always risky in older people. They cause a range of problems including urinary tract infection, lowered immunity, the need for extended hospital stay, physiotherapy, care-giving, etc.

Elderly people may also suffer severe emotional distress following a fall. Reduced mobility, depression, anxiety, loss of sleep/appetite can result, along with phobias/fears. Nearly 20% of such victims die within a year of the accident.

Our experienced 24×7 injury lawyers can help you claim the compensation you deserve so that you can improve the quality of medical care/treatment and get your life back on track.

Brampton Car Accident Lawyers: Advice, Assistance and Advocacy!

Posted on June 28, 2017 by singhadmin

Brampton personal injury lawyers Singh Barristers can provide you with a comprehensive range of services that help you and your family get your lives back on track following a car accident.

Whether you suffered a minor fender-bender or a catastrophic collision, it’s certain that you and your family could face certain physical, financial and emotional consequences.

It’s only natural that the mishap disrupts your life in many ways. You and your family may find it difficult to meet medical and rehabilitation expenses, pay for care-giving, meet household expenses when your earning-capacity is curtailed. Additionally, you may also suffer anxiety, fear, depression and post-traumatic stress.

As you struggle to deal with these problems, it’s important to understand that as a victim you also have certain rights. Accidents are not always “accidental.” They are sometimes caused by someone else’s fault or negligence. If you or a dear one has suffered injuries in an accident, contact the nearest personal injury lawyer in Brampton. We can advise you about your rights, based on:

circumstances of your case
nature and extent of injuries
kind of losses suffered

What Benefits Can I Claim?

Ontario’s no-fault benefits scheme SABS (statutory accident benefits scheme) entitles all those injured in motor-vehicle accidents to claim statutory benefits, regardless of fault. This means that your own insurance-company will pay out certain benefits to cover some of the expenses that you have to incur as a result of the accident.

You are also entitled to sue the person/s responsible for the accident. This is best done with the assistance and advice of an experienced Brampton car accident lawyer.

Complex Procedure

Bringing a personal injury suit can be daunting for someone unfamiliar with the process. Victims of accidents and their families are usually focused on recovery and dealing with the day-to-day aspects of it.

There are several complicated medical, legal and insurance issues involved in getting the compensation you may justly deserve. They include:

Whom to bring the suit against?
Gathering evidence to back your claim
Documentation
Statute of Limitations time frame
Dealing with insurance-companies/claims adjusters
Location/venue/jurisdiction
Witnesses and Experts

We protect your rights while conducting the process according to the necessary protocol.

Accidents Aren’t Always Accidental: Ontario Provincial Police Reports

Posted on June 27, 2017 by singhadmin

Brampton personal injury lawyers are aware that most motor-vehicle mishaps that are termed “accidents” are rarely accidental. Instead, they can be traced down to someone’s fault or negligence, deliberate flouting of safety norms, behavior, habits, etc.

Unfortunately, these events result in tragic physical, financial and emotional consequences for the injured victims and their families. The impact of the accident can change the entire course of someone’s life. Death and disability impose a permanent and irrevocable burden on all those close to the victim.

Studies are regularly conducted on the causes of such accidents and the Ontario Provincial Police (OPP) release data that pinpoint some of the causes of accidents.

The Top 4 or Big 4 causes of motor-vehicle accidents are:

Distractions
Speeding
Not Wearing Seat-belt
Impaired driving

These factors play an important part in causing crashes and they also affect the kind of injuries suffered by drivers and passengers when a collision happens.

The behavior of drivers and passengers is another equally important criterion. Common mistakes that cause serious collisions have been analyzed by traffic and accident experts. These include:

Negligence while turning
Wrong use of seat-belt
Unrestrained pets
Not maintaining lane discipline
Improper maintenance of vehicle
Driving when drowsy, fatigued or under the influence of alcohol/prescription drugs etc

and many more simple acts of carelessness or deliberate flouting of safety rules.

There are many organizations across Ontario that help to create awareness about driving and road safety.

Often, the causes of car crashes is put down to speeding. However, speeding is not the only factor. Many pedestrians are killed even in low speed limit zones. This could be because of other aspects like poor visibility, non-functioning crosswalk signals, careless and reckless driving in school-zones, taking sudden U-turns where they’re not permitted etc.

Another reason could be the huge rise in the population of cities like Toronto. The population has doubled in the GTA over the last thirty years, causing an enormous burden on the city’s infrastructure and transportation systems. Mixed traffic on city streets includes pedestrians, cyclists, public and private transportation. Lower speed limits may not solve the problem unless all those who share the road behave with due responsibility and diligence.

Senior citizens and children are among the most vulnerable of pedestrians and they’re also the ones who suffer serious injuries in motor-vehicle collisions. Pedestrians, walkers, runners and joggers are also at risk if they don’t wear reflective clothing and stay alert when they’re out on the street.

A ten year long study conducted by OPP shows that most of the fatalities that took place over the last decade on Ontario roads could have been prevented. However, as many observers and traffic experts have pointed out, studies like this fail to show that there are an equal or higher number of accidents that cause serious and life-altering injuries which put an even larger burden on the state and on the families of the victims.

If you or a dear one has suffered injuries in a motor-vehicle collision, contact an experienced car accident lawyer. We can evaluate the circumstances of your case and apprise you on its merits. You could be entitled to compensation.

Dangerous Rollover Accidents: Why They Happen

Posted on June 23, 2017 by singhadmin

Brampton personal injury lawyers know from experience that although “rollover” accidents account for only 3% of crashes, they’re responsible for the worst kind of injuries and fatalities. Studies show that 30% of fatalities in motor-vehicle collisions are those that are caused due to rollover accidents. Apart from death, these accidents can cause catastrophic injuries, permanent disability and disfigurement, amputation and many other life-altering conditions.

Tragically, most of these accidents are preventable. They’re caused by someone’s fault or negligence.

If you or a dear one has been injured in a rollover accident, contact a car accident lawyer with specific experience in dealing with such accidents. You may be entitled to compensation.

What Is A Rollover Accident?

These accidents are caused when a vehicle falls over on its side or roof. They are complex collisions and there may be several factors responsible for their occurrence.

Taller and heavier vehicles like SUVs and trucks are more likely to roll over or turn turtle in a collision because of their higher center of gravity. This makes the vehicle less stable. When the vehicle rolls over, passengers and driver are at high risk for head injuries, because the roof collapses inwards. Additionally, since people are belted into their seats, they are unable to move. The doors and windows may jam or get blocked making it impossible for people to exit. Though there are new roof rules for passenger vehicles and SUVs, they still may not be enough to contain the potential damage caused by rollover accidents.

Driving an SUV calls for superior driving skills but not all car drivers understand this. It also requires the driver to be more alert and sensitive to the vehicle’s turning and handling capacity at high speed. There are complex rules of Newtonian physics involved in such crashes. Most rollover accidents are lateral rollovers. Modern features like anti-lock brakes can aggravate the problem.

Typical causes for rollover accidents include speeding, driving under the influence of alcohol or drugs, unfamiliar rural roads, distraction, taking turns recklessly, talking on the cellphone or texting etc. Studies show that nearly 85% of rollover accidents are single vehicle crashes and hence it’s possible to conclude that driver error plays a significant part. A typical example is the collision that occurred on May 17, 2017 on the Springfield Lexington highway.

If you or a dear one has been injured in a rollover accident, our experienced 24×7 injury lawyers can help collate a robust body of evidence with the help of car crash specialists. Accident reconstruction experts can conduct independent investigations into the true causes of the accident and fix the liability.

All injured victims in Ontario are entitled to statutory benefits regardless of fault, but they’re also entitled to file a personal injury suit against the at-fault driver. These accidents can cause huge physical, financial and emotional trauma to not just the victim but also to the entire family. Our Brampton car accident lawyers can ensure that your rights are safeguarded while we help you with getting the compensation you deserve.

Child Passenger Safety: Some Useful Tips

Posted on June 25, 2017 by singhadmin

Brampton personal injury lawyers often deal with cases where young children have been seriously injured in car accidents. There’s no kidding around child passenger safety – children and senior citizens are among the most vulnerable of passengers in vehicular collisions. They often suffer serious/fatal injuries that can permanently alter their lives and those of their family-members.

Although motor-vehicles are thoroughly tested before they are sold, a majority of accidents occur because of driver-error. Distraction, speeding, driving under the influence of alcohol/drugs, reckless driving, road rage, weather conditions, inexperienced drivers, unfamiliar roads and the use of cellphones/texting are some of the leading causes of motor-vehicle collisions. They result in horrible tragedies like the one that occurred in Innisfil, Ontario.

Studies show that motor vehicle collisions are the leading cause of fatalities among children in Canada. Although all the ten Canadian provinces have stringent rules regarding child-safety seats, a large number of serious injuries/fatalities occur because of non-compliance with these rules. Misuse or non-use of child-safety seats, seatbelts etc are among the common causes of injuries. Ontario laws hold the driver of the vehicle responsible for making sure that a child-passenger below age 16 is properly secured according to their age, weight and size.

The Canadian Public Health Association clearly outlines the proper use of safety devices. The use of appropriate passenger restraints can reduce the risk of injuries in case of a collision. There are different types of restraints and safety devices for children based on their age, size and weight.

Rear-facing seats: for children below age 1 and 22 lbs
Forward-facing seats: for children ages 4-5, weighing up to 40 lbs
Booster seats: for children up to age 9, weighing up to 80lbs and height up to 145 cm.
Seat belts for all others.
Children should ride in the back seat till they’re 14.
Hard, loose toys should not be kept inside the vehicle.
Child-seats have expiry-dates. Never use, buy or donate a seat past its expiry date, marked at the back of the seat.
Ensure that you change the child-seat if your car has been in a collision, even if the child was not in the car at the time or the seat seems undamaged.

Moving children too early or too late to their age-appropriate category makes child-passenger-seats unsafe. If the child is too small for a seat-belt, but the parents strap him/her in without considering that a booster-seat may be more appropriate, this can result in serious injuries. Severe injuries to spinal cord and internal organs can result, causing what crash specialists call “seat belt syndrome .”

Never leave a child unattended in or around a car. Leaving a sleeping toddler inside a locked car even for a few minutes can be fatal. Drivers should never leave the keys in the ignition even for a second when there is an unattended child inside the car.

Organizations like the Child Passenger Safety Association of Canada

conduct regular courses for all those interested in reducing and finally eliminating the causes of fatal collisions and risks to child-passenger safety.

Contact an experienced car accident lawyer if you have been involved in an accident that has caused injuries to your children. You may be entitled to compensation.

Walk Safe: Pedestrian Safety Tips

Posted on June 21, 2017 by singhadmin

Brampton personal injury lawyers regularly handle cases where pedestrians have been seriously injured in motor-vehicle accidents through no fault of theirs.

Pedestrians are among the most vulnerable of road users. They are completely exposed to the forces of impact in a collision. Additionally, their age, gender and general health status can play a large part in the kind of injuries they sustain and significantly affect their chances of recovery.

Summertime is a great season for outdoor play, walks, running, picnics, cycling and this is also the season to be extra careful. Senior citizens who have been cooped up indoors during winter tend to step out to enjoy the sunshine and warmth, while kids take advantage of the longer daylight hours to play or engage in outdoor sports a lot more.

Figures released by the Ontario Road Safety Annual Report (ORSAR) reveal that the situation with the highest number of road fatalities in 2016 were pedestrian fatalities. Such accidents represent 20% of the total fatalities for the year. The months May through to October show a higher number of injuries and fatalities caused by collisions.

These figures emphasize the need for safe walking spaces for Ontarians. The Toronto Walking Survey quoted in a 2008 study recommends that more Torontans need to walk and maintain an active physical lifestyle. However, road safety for pedestrians is a huge concern in our increasingly crowded urban centers.

Who Is A Pedestrian?

Pedestrians are those who are not in or on a vehicle, whether motorized or otherwise propelled. They could be people in non-motorized wheelchairs or in a wheelchair that can’t travel at a speed higher than 10 kmph. They may also be pushing a bicycle or a wheelchair.

More male than female pedestrians tend to be killed in motor-vehicle collisions. Senior citizens above the age of 65 account for more than 35% of fatalities. Children represent about 3% of pedestrian fatalities. Peak hours for such accidents appears to be between 2 pm and 10 pm but the twilight hours accounted for 57% of the accidents.

Staying Safe

Toronto has adopted a pedestrian charter that addresses these issues. Several new rules have also been legislated by the Ontario Ministry for Transportation.

Meanwhile, as a pedestrian, follow these tips to stay safe:

Use crosswalks to get to the other side. Stay on the pavement.

Remember childhood instructions. Stop, Look both ways before you step off the curb.

Wear bright, light-colored or reflective clothing.

Seniors and children should preferably walk in groups.

Avoid headphones/cellphones/music.

Keep children off playing on streets.

Don’t try to beat crosswalk lights – they’re there to keep you safe.

If you or a dear one has been injured in such an accident, get immediate medical attention, no matter how minor you consider your injuries to be. Certain injuries tend to appear minor initially but later turn out to be life-threatening. It’s also important to report the accident from a legal and insurance perspective. As soon as possible, contact an experienced personal injury lawyer with expertise and knowledge in handling such cases. You may be entitled to compensation.

Stay Safe While Running: Sharing The Road

Posted on June 19, 2017 by singhadmin

Brampton personal injury lawyers know from experience that with summer weather approaching, more and more people are out on the roads. Many of these include runners and whether they’re in it for the sheer pleasure of enjoying the warm weather sport, or they’re prepping for a big event or marathon, runners remain vulnerable on our roads.

Getting fit and not getting hit is a huge priority for runners. Running early in the morning, at dusk or late at night put runners at risk of being hit by motor-vehicles. Drivers have a responsibility to ensure the safety of all those whom they share the road with, but accidents can and do happen.

Most of these mishaps are preventable and they’re caused by someone’s fault or negligence. If you or a dear one has been hit by a vehicle while you were out running, contact a car accident lawyer with experience in handling similar cases. You may be entitled to compensation.

Runners have the same rights and responsibilities as pedestrians. They’re just as vulnerable on the street but they also need to follow traffic rules and ensure that they don’t indulge in risky behavior.

Cities like Toronto have more than 600 km of trails and a vast park system that covers nearly 13% of the urban land area. However, this doesn’t prevent runners and joggers from using busy urban areas and streets. Ownership of the pavements and maintaining proper running etiquette are some of the concerns that all road users have regarding joggers and runners.

Runners and joggers are completely exposed to impact forces when collisions happen. Staying safe is a huge priority for them, because an accident can impose enormous physical, financial and emotional burdens on them and their families. Runners have to ensure that they use the roads and pavements safely and responsibly.

Tips for Safe Running:

Be visible: Wear bright, reflective clothing and shoes especially if you enjoy early morning or late evening runs.

Against Traffic: It’s wiser to run opposite to oncoming traffic. This way you can avoid being hit from behind and also gauge what’s coming at you.

Stay On The Shoulder: Keeping to the shoulder and designated areas for pedestrians ensures that you don’t come in the way of motor-vehicles.

Know The Area: Running on unexplored trails is great but a familiar route is much safer.

Pride Goes Before A Fall: Swallow your ego and give way to traffic even if you have right of way.

Valuables/Jewelry: Remember you’re under observation. Muggers may attack you just for the stuff you’re carrying.

Let People Know: your route and timings. Stay in touch with friends and family so they are alerted immediately in case of mishaps.

Stalking: Sexual predators are an ever-present risk. If you feel you’re being followed, calmly jog into a public place or residence and call the police.

Carry bus-change or cab-fare: You may sprain an ankle/tear a ligament.

Check your laces.

Avoid distractions like cell-phones/music/radio/texting.

Running in groups is great but you need to respect pavement etiquette.

What Every Cyclist Should Know: A Legal Overview

Posted on June 17, 2017 by singhadmin

Brampton personal injury lawyers understand that with winter blues becoming a thing of the past, more and more people are taking out their bicycles. Ontario’s major cities are among the most cycling-friendly cities in the world. Toronto alone accounts for a daily downtown count of at least 19,000 cyclists who use the roads between 7 am and 7pm. This activity allows people to enjoy the exercise and be a part of the eco-friendly movement while traveling around town for work, sport or entertainment. However, cyclists remain among the most vulnerable of road-users along with pedestrians and motor-cyclists.

A recent report released by Ontario’s Chief Coroner reveals alarming statistics. One of the findings states in unequivocal terms that 100% cycling fatalities were preventable. To quote from the study, “…..this hypothesis held true in each and every death we reviewed.”

Cycling accidents like most other types are avoidable. A majority of them are caused by someone’s fault or negligence. Cyclists themselves may be partly responsible for collisions, but it’s also the duty of motor-vehicle drivers to ensure that they drive responsibly and stay alert. If you or a dear one has been injured in a bicycle/motor-vehicle collision, consult an experienced car accident lawyer without delay. You may be entitled to compensation.

Know Your Rights

The Ontario Ministry of Transportation rules clearly specify that cyclists should know highway and traffic regulations before they take to the roads. They don’t require license-plates, registration, vehicle insurance or driver’s license. There’s no age limit to riding. They cannot carry passengers if their vehicle is meant only for a single rider. Cyclists are considered to be road-users like all others who share the road. They are subject to the same traffic laws, and have the same rights/responsibilities as other road-users.

Since January 1, 2017, several new guidelines have been in force regarding laws that cyclists must obey. Some of these laws concern motor-vehicle drivers too, such as the One Meter Passing law, Dooring, use of intermittent flashing-lights by cyclists, increasing fines for non-compliance in use of reflective clothing etc, and the wearing of helmets.

Cyclists must ride far from the curb to stay clear of sewer-grates, debris, parked-car doors etc. They’re also allowed to occupy any part of the lane if their safety warrants it.

As more awareness is being created and cyclists are now a familiar sight on our roads, it important to take stock of how general traffic rules can be made more convenient to accommodate them. Advocacy groups like Cycle Toronto recommend that the provincial laws be changed to allow bikers to follow the Idaho stop rules which treat stop signs as yield signs and red lights as stop signs. Cycles are vehicles governed by the laws of momentum and such cycle-friendly regulations can go a long way in reducing collisions and clearing misunderstandings about cyclist behavior and driving styles.

Injuries sustained in cycling accidents can have serious physical, financial and emotional consequences on not just the injured victim but also on the entire family.

Our 24×7 injury lawyers can help to protect your rights and ensure that you get the compensation you deserve.

New Auto Insurance Rules: Difficult for Victims, Risky for Insurers

Posted on June 16, 2017 by singhadmin

Brampton personal injury lawyers are aware that the new regulations that will become effective June1, 2017 across Ontario have caused concern across the board. These changes were intended to reduce the high premium rate that was prevalent in the province. According to industry experts, auto insurance premiums in Ontario ranked among the highest in Canada. Though insurance is a regulated product, the rates are set by individual insurers before being reviewed and approved by agencies like the Financial Services Commission of Ontario and the Superintendent of Financial Services.

Rampant fraud was cited as one of the reasons for such high premiums and it’s one of the factors that had to be urgently addressed in this sector. In many cases, insurance companies failed to act in good faith, denying victims the compensation they rightfully deserved.

By law, all Ontario drivers must carry insurance for their vehicles. There is a no-fault insurance system in Ontario that deems that all injured victims are entitled to compensation regardless of fault. These statutory benefits are available from the victim’s own insurers.

If you or a dear one has been injured in a motor-vehicle accident that was caused by someone else’s fault or negligence, contact an experienced Brampton car accident lawyer. You may be entitled to compensation.

What Are The New Regulations?

The main changes include alterations to the Medical, Rehabilitation and Attendant Care benefits and benefits periods. Changes have also been made to standard deductibles, maximum interest rates, waiting period, underwriting/rating criteria and duration of payment for non-catastrophic injuries.

The premium payable depends on the type of coverage and limits chosen. The definitions of catastrophic/non-catastrophic injuries have to be well-understood while making a claim for compensation.

These and other highly-technical aspects of insurance contracts and regulations are matters that few injured victims and their families are familiar with. When accidents occur, most people are completely focused on the medical aspects and coping with the huge physical, financial and emotional consequences of the mishap.

Impact

The new guidelines can have a serious negative impact on the type and amount of compensation that victims and their families are eligible to receive.

The impact on the insurance brokers sector is also slated to be serious, as lawyers warn of more cases against brokers. A new Licence Appeal Tribunal (LAT) for arbitration of disputes over the Statutory Accident Benefits Scheme (SABS) prevailing in Ontario has been created. This is expected to create some degree of confusion initially, as it can cause a mixed no-fault regime, with no clear division between the court system for tort claims and the arbitration system for SABS.

The new regulations emphasize the urgent need for insurance companies to inform and educate their clients about the requirement for higher benefits coverage and third-party limits. Failure to do so can result in more suits being filed against insurance brokers.

Filing for compensation in automobile accidents is a complex enterprise, with several complicated medical, legal and insurance issues being involved. Your rights and interests have to be safeguarded and protected. Our experienced 24×7 injury lawyers can help you deal with these aspects so that you and your family can concentrate on getting your life back on track.

Slip And Fall Accidents Can Happen Anywhere: Who’s Liable When Injuries Occur?

Posted on June 14, 2017 by singhadmin

Brampton personal injury lawyers know from experience that slip and fall accidents are one of the most common types of mishaps that result in ER room visits around the world. Though they’re comedy staples on stage and screen, causing immense fun and merriment, in reality, slip and fall accidents are no laughing matter. They can cause serious, life-threatening and life-altering injuries and disrupt the lives of not just the injured victim but also the entire family.

Another important aspect of these accidents is that they’re rarely truly “accidental.” Most of them can be traced to someone’s fault or negligence. Unfortunately, the resulting injuries impose massive physical, financial and emotional burdens on victims and their families.

If you or a dear one has been injured in a slip and fall accident, consult an experienced Brampton slip and fall injury lawyer without delay. You may be entitled to compensation.

Typical Causes

These accidents occur anywhere, both indoors and outdoors. They can happen on pavements, public places, private homes, restaurants, resorts, hotels, theaters, entertainment-spaces, tourist-spots, parking lots, parks, malls and shopping areas, markets, etc.

Most people tend to assume that it was their own carelessness or inattention that resulted in the fall. While this may be true in some cases, the main contributing causes include:

Wet, slippery floors
Freshly-cleaned/waxed/polished floors
Liquid spills
Loose, worn, damaged flooring/tiles
Worn/Frayed or Unanchored rugs, carpets, mats
Debris, Clutter
Uneven surfaces, potholes, badly-maintained grounds
Lack of warning-signs
Poor lighting
Missing hand-rails, fences
Badly-maintained/damaged staircases
Uncleared ice/snow at entrances/exits
Puddles formed under air-con units

An experienced personal injury lawyer can conduct independent investigations into the causes and present a robust claim for compensation based on the findings.

Injuries

Typical injuries include extremity-skeletal injuries to limbs and hips, spinal and head injuries, neck, brain and thoracic injuries, abdominal injuries, internal organ damage, severe fractures, facial and dental damage, severe bleeding etc.

The age, gender and health status of the victim play a major role in how the injuries impact the person. Older people are the greatest high-risk group, since falls can aggravate pre-existing conditions, often proving fatal for them.

Who’s Liable?

Under Canada’s Occupier’s Liability Act, the owner of the property on which the accident occurred is responsible for keeping the premises in a reasonably safe condition for all those who legitimately visit. Property owners have a duty to ensure that they regularly maintain their properties and keep them free of hazards. This includes private property owners, municipalities, transportation and government authorities.

Important Aspects

Slip and fall compensation claims are riddled with extremely complex medical, legal and insurance issues. Unraveling the chain of responsibility can be challenging. Additionally, there are strict statute-of-limitations restrictions which govern the time-frame within which claims have to be filed. Your claim has to be backed by robust evidence that proves the owner’s fault/negligence.

Keeping all these factors in mind, it’s important that you contact a 24×7 injury lawyer without delay to ensure that your rights are protected and that you and your family receive the compensation that you justly deserve.

Icicles And Snowdrifts On Roof-Tops: These Winter Pile-Ups Can Be Dangerous!

Posted on June 13, 2017 by singhadmin

Brampton personal injury lawyers know that icicles and snow-laden roofs may look great on Christmas cards and in family photos, but they can cause accidents that are far from pretty!

Known as ice dams, the icicles that hang so charmingly from the eaves of your roof can cause huge problems to your roof, pose a hazard to occupants and visitors and also raise heating and energy costs inside the house.

All these issues have serious implications for homeowners and property owners. If you’ve been injured in an accident caused by ice dams or faced losses because of snow pile-ups on your roof, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation under the Toronto Municipal Code.

What Causes Ice Dams?

Icicles are essentially formed by water run-offs from melted snow which re-freeze when the temperature falls again. An ice dam is a raised ridge that’s formed because of repeated freezing and melting of ice at different times. This ridge prevents falling snow from sliding off your roof. Instead the layers of snow accumulate on your roof. Occasional warm temperatures may cause a portion of the dam to melt and drip, forming icicles as the temperature goes down again.

Icicles are also an indication that your roof is losing heat. Since warm air rises to the top portions of the building, it escapes through gaps in ceilings, attics and damaged portions of roofs. This causes snow on roofs to melt and form dams or icicles.

Hazards of Icicles and Ice Dams

Dams can force water to flow back into the shingles, and ultimately into the walls and ceilings of the building, causing serious damage to brick, plaster and wood-work.

A 2014 report in the Toronto Star reveals that it’s not just older buildings that have this problem. Ultra-modern towers with super energy-saving features like energy-efficient glass, use the latest building materials and are constructed using cutting-edge design elements play a huge role in increasing the risks of falling snow and ice.

Though the Ontario Building Codes specify the wind and snow load bearing capacity of roofs, they don’t address the issue of sliding or falling snow. These laws hold the city liable for removing ice and snow from the streets but not from roofs. This is the property owner’s responsibility.

Roof-Top Avalanche Injuries

Sudden release of piled-up snow from the dam or careless removal of snow pile-ups can be dangerous. People can be seriously injured by falling snow, children and older people can be buried underneath, they can die of hypothermia or suffer serious brain damage due to cold. Other injuries include:

Broken bones
Facial/Dental damage
Crush/Impact Injuries
Traumatic head/neck injuries

Predicting when a slide could happen is almost impossible and this depends on a large variety of conditions. However, the risk to unwary pedestrians and other road users in the vicinity can be enormous. In many countries with traditionally heavy snow-fall, orienting the roof away from pedestrian traffic is recommended for this reason.

Our experienced slip and fall injury lawyers can assist you to file a personal injury claim for compensation if you have been injured in such an accident.

Changes in Ontario Insurance Act: How Insurance Dispute Lawyers Can Assist

Posted on June 7, 2017 by singhadmin

Accidents happen without warning. All it takes is a split second for a disaster to happen, but its effects can last for a life-time. A serious accident related injury impacts not just the injured person, but often the entire family and support system.

Such devastating events impose huge physical, financial and emotional burdens on all those connected with it. The recovery process could be extremely long-drawn-out, painful, frustrating and expensive. There could be a need for a dedicated caregiver, costly and complicated treatments and medication, lengthy rehabilitation procedures etc.

Emotionally, victims and those dear to them are thrown into a psychological maelstrom. Confusion, anxiety, fear, grief and panic attacks, post-traumatic stress syndrome, sleep disturbances, breakdown of relationships, depression, suicidal thoughts, addiction to alcohol or drugs etc are some of the hazards that patients and families have to face.

The economic aspect can be hugely traumatic too. If the injured person was the sole income-earner or contributed significantly to the family income, being unable to work for extended periods can result in income-loss. If there are permanent disabilities, this means there is a loss of earning-capacity. Treatment, home-maintenance, living expenses, debts etc can all pile up and create devastating consequences.

Accidents are usually preventable and avoidable. Most of them are caused by someone else’s fault or negligence.

Meeting Expenses

Most injured victims and families trust their insurer to compensate them for their injuries, based on the type of coverage they’ve purchased. Additionally, all injured victims of motor-vehicle accidents in Ontario are entitled to statutory benefits (SABS) regardless of fault, from their own insurers.

However, injured victims may face several issues and challenges in collecting settlement from insurance-companies. They may dispute the claims on technical grounds, deny or dismiss the nature/extent of defendant liability or minimize your injuries. They may also adopt various strategies to compel victims to accept swift and meager settlements.

Dispute Resolution

At present, disputes between clients and insurers are regulated by the Financial Services Commission of Ontario (FSCO) but if no resolution is reached, there are other avenues available to plaintiffs. Arbitration and a personal injury trial are some options.

Changes To Act

In 2015, sweeping changes to the Insurance Act were made. Insurance dispute lawyers are concerned about:

Disputes under SABS now under the jurisdiction of the License Appellate Tribunal instead of under FSCO, effective April 1, 2016.

Catastrophic and non-catastrophic funding was slashed.

Revisions to definition of “catastrophic.”

Mediation fee introduced.

Parties are encouraged to settle dispute.

LAT not bound by FSCO case-laws and precedents.

LAT adjudicators may not have specialization in accident benefits legislation.

Ambiguity on statute of limitations period under LAT.

How We Can Assist

It’s difficult to challenge the rulings of insurance companies and government agencies without specialized knowledge and training. An experienced personal injury lawyer who regularly handles such cases can help you get the settlement that you are contractually entitled to.

In many cases, permanent disabilities require a Life Plan to be presented. We work with a multi-disciplinary team to ensure that a robust claim is presented during all communications/arbitration with the at-fault party.

Long Term Disability Insurance – When Insurance Companies Don’t Act in Good Faith

Posted on May 30, 2017 by singhadmin

Disability Lawyer

There are several types of disability benefits available to persons who are rendered unable to work due to injury, illness or medical condition. They include: short and long term disability benefits, critical illness insurance, disability mortgage insurance etc.

The Canada Pension Plan (CPP) contains programs that are intended to compensate workers for suffering long term disability (LTD). All those workers who have paid into the CPP may qualify for disability benefits if they are rendered unable to work due to injury, illness or medical condition.

These benefits offer a certain amount of protection since they provide a portion of your income that can go towards paying for bills, expenses, medical treatment/rehabilitation. This provides an injured person and their families some relief in monetary terms and offsets the financial hardships they have suffered as a result of being unable to resume work.

What Are Long Term Disability Benefits?

Most people get LTD benefits as part of their regular work-compensation package and this is usually deducted from their monthly paychecks. The LTD plan is a first-party contract and obliges the insurer to arbitrate claims made on this policy in good faith.

Usually, the policy provides benefits for the first two years if the injured person is unable to work at their own occupation. To qualify for further benefits, the person should be unable to work at any occupation for which they’re reasonably qualified/trained by education/experience/skill.

LTD benefits are cost-dependent, driven by industry factors such as volume of insurance, qualifying period, definition of disability etc. The average payment for 2014 was $903 and the maximum payment in 2015 was $1265 per month.

Common Problems Faced While Availing Benefits

The application process involves filling out the application forms and sending them to the appropriate Service Canada processing centre. All the required forms, in the correct format have to be submitted, or your application will not be processed. Appeals are allowed.

If approved, benefits are awarded including any back-benefits owing. Payments continues till age 65 or until such time as the person is no longer disabled.

Some issues faced by applicants include:

Not meeting minimum qualifying period – the applicant should have worked for at least 4-6 years prior to applying
Not having full support of treating physician in declaring person unable to work
Biased, incompetent or unethical doctor
Beneficiary gets only what their policy entitles them to, e.g. if your employer purchased the policy
Winning benefits could result in overall income reduction
Award of retroactive benefits can cause unexpected tax liability

Insurers’ Obligation

In a 2015 case, Dube vs RBC Life Insurance Company, LTD benefits were denied to the injured person because he had failed to notify RBC of the accident/disability within the prescribed time. Mr Dube had been incorrectly informed by his employers that he did not have LTD benefits, which in fact he did. The court ruled that plaintiff’s claim was valid and payable till age 65.

If you or a dear one has suffered disability due to injury/illness, consult an experienced personal injury lawyer to help you get the LTD benefits you’re entitled to.

Author Archives: singhadmin