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Cycling Deaths: Information and A Legal Overview

With nearly a quarter of the population of Canada being diagnosed as suffering from obesity and illnesses due to a sedentary life-style, the government has been actively promoting cycling and walking for both leisure and commuting. Ontario is fortunate enough to have extensive areas that are suitable for cycling, which include highways, roads, paths and lanes in and across cities and for many citizens, cycling has become a part of their lives.

Cycling and Safety

Though cycling is considered to be good for health and is being encouraged by government and health authorities, it is also quite a risky activity and road safety has become a world-wide concern. Cyclists are nearly eight times more vulnerable and likely to become injured than motor vehicle users and the accidents are usually of a serious nature. Cycling deaths are very common especially when the accident occurred at night-time, the cyclist was not wearing protective gear or the road conditions were not optimal. However, when safety concerns are taken care of, more people can take to this activity.

In 2012, the Office of the Chief Coroner for Ontario published a Cycling Deaths Review which was an extensive and intensive study of safety and cycling in the province. The review also looked at the types of safeguards required to make cycling safe- adoption of a “complete streets” approach, awareness and education, the use of helmets/protective gear, truck side-guards, designated cycling tracks, one-meter passing rules, etc. and the political and practical ramifications of these.

How Accidents are Caused

There could be a number of reasons why cycling accidents happen. Among them are:

  • Day of the week
  • Time of day
  • Age and sex
  • Time of year
  • Light and visibility conditions
  • Road conditions
  • Cyclist’s contributory actions
  • Distractions
  • Alcohol/drugs
  • Inexperienced driver
  • Negligence of other parties

Legal Aspects of Cycling Death

Cycling accidents can result in serious injuries since they are usually caused by a direct hit by a larger vehicle. Serious trauma to the limbs, torso, brain, spine and face/head can result in life-changing situations. Fractures, internal bleeding and broken bones could also be of a serious nature. When a cycling death occurs, it can have a devastating effect on the social circle of the victim.

If you or the victim of a cycling accident does not have personal insurance, it is possible to claim benefits from the insurance company of the other driver’s insurance company. Cyclists are entitled to the same benefits as passengers involved in a car accidents are eligible for. Both mandatory benefits and a tort claim can be sought in Ontario under the Statutory Accidents Benefits Schedule (SBAS). Cyclists can also claim benefits from their auto insurance company even if they weren’t using their cars at the time of the accident. If neither party has insurance, claims can be made from the Motor Vehicles Accident Claims (MVAC) fund administered by the provincial government.

Benefits

Cyclists injured in an accident can claim a range of benefits. These include:

  • Income replacement
  • Medical benefits not covered by the Ontario Health Insurance Plan (OHIP)
  • Rehabilitation
  • Care-giver
  • Long-term and future medical expenditure
  • Non-earner
  • Attendant care
  • Visitor expenditure
  • Home care and modification
  • Housekeeping
  • Home Maintenance

Claims can also be filed by our long term disability claims lawyer under the Family Law Act under some of these heads:

  • Loss of guidance, care and companionship
  • Value of nursing by family member
  • Loss of income and prospects
  • Housekeeping by family member
  • Reasonable expenses on behalf of the injured

In case of cycling death, the family can also claim

  • Loss of guidance/care/companionship
  • Loss of shared or family income
  • Loss of the household value of the person
  • Loss of Handy-man services that the person provided
  • Funeral/burial/death-related expenses

How Our Accident Attorney Can Help

Our firm offers the services of a no-obligation, free consultation injury lawyer who can study all aspects of your case and provide you with a genuine appraisal of your claim. Further, we can assist you with the paperwork, filing your claim within the right time-frame and examine the circumstances of the accident thoroughly to back your claim.

As personal injury attorneys who understand the local conditions, we are able to conduct our own independent investigation into the circumstances of your case. We have the resources to put together a strong case which consists of expert testimony, photographic and documentary evidence, eye-witnesses if any. When death occurs, our accident attorney can assist surviving family members by providing them with legal representation so that their rights are safeguarded and that they receive the maximum favorable outcome. `

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.

Claiming the best of Accident Liabilities and Injuries at School

Ontario parents are always concerned about the safety of their children, even in school as accidents in schools are possible, although most school managements would do their best to keep schools safe. However, accidents may happen in schools, especially in science laboratories or slippery walkways.

Rough play and carelessness could also trigger accidents and injuries within the school compounds. The Ontario law is concerned about the total safety of all students during their time in school and insists that school administrators and teachers are responsible for the welfare and safety of students while teaching happens. Accidents and injuries must be minimized to the best of their abilities as part of their social responsibility towards students, parents and the nation.

School Liability over Student Injury

Any injury inflicted on a student within the school compound raises a host of questions and worries. Parents and school management need to identify the source of liability for possible medical bills incurred.

The Ontario courts oblige school administrators and teachers to provide sufficient protection from accidental injuries to students under their care as their legal duty. Students must be protected from:

  • Foreseeable harm
  • Potential injury
  • Undesired death
  • Assault

Hence, schools are obliged to:

  • Provide a safe environment for students
  • Repair or eliminate potentially harmful conditions
  • Supervise students in all possibly dangerous events and activities
  • Maintain school transportations in good condition and fitting road transport requirements
  • Ensure sufficient overseers and medical personnel for organizing extracurricular activities

If any student gets hurt within the school compound, the school is deemed to have failed in its responsibility to protect its students. The Ontario law would find the school negligent and liable for the student’s injuries and damages in other areas such as:

  • Medical bills
  • Chiropractic and therapy bills
  • Medications
  • Crutches or slings
  • Hospital parking lot fees
  • Lost wages
  • Pain and suffering
  • Emotional stress and trauma

In loco parentis legal doctrine

Ontario adopts the “in loco parentis” legal doctrine where this Latin term of “in place of parents” is applied to school administrators and teachers who are obligated to exercise the responsibility of the parent while in school. This responsibility covers the school and teachers liability for any accidents or injuries sustained by the students under their supervision.

The Ontario court would weigh every school accident separately to determine the cause and degree of school liability while bringing on board the “prudent teacher doctrine”. This doctrine determines if the supervising teacher has acted prudently to avoid the injury inflicted the student in that situation.

The court judge would decide:

1) If the school activated a proper plan of supervision and protection that is comprehensive enough to cover students

2) If the teacher-in-charge had exercised reasonable care and wisdom to avoid injury to the student

3) If the accident was foreseeable and avoidable

The school could be found negligent in many areas within its compound to inflict potential harm and danger to its students. Parents of the injured child could file a lawsuit against the school or teacher responsible for the harm inflicted on the student. Students in the school must not be exposed to dangerous conditions whether at play or study. Negligence is easily adopted by the school without assigned supervisors on students at different areas and activities that could cause injury and harm on students such as:

  • Classrooms
  • Playground
  • Parking lots
  • Toilets
  • Changing rooms
  • Laboratories
  • Walkways/corridors
  • Stairs
  • Hall

School administrators and teachers are obliged to exercise prudence to ensure the safety of students while under their care or supervision.

Legal Assistance in Accident Liabilities at School

Many parents in Ontario do not know their rights as responsible parents towards the safety of their child in school. They are also fearful of causing bad relations with the school, which may not be favorable to their still schooling child if an accident is blown up. However, every parent has the right to activate personal injury litigation on the school for the injuries their child suffered at school.

We have the best of slip and fall lawyer services to assist in filing personal injury cases on behalf of the parents and injured student against the school on alleged negligence. Our free consultation injury lawyer offers parents the opportunity to understand and exercise their rights in protecting their child through personal injury litigation for injuries their child experienced in school. Our injury lawyer is well versed with accidents and injuries of students in schools to procure a favorable outcome of the case.

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.

ATV Accidents: An Overview

All Terrain Vehicles (ATVs) are an exciting and fun way of traveling through different areas of the country, unhampered by concerns about off-roading, bad roads etc. They’re also known as quad bikes, quads, three or four wheelers and are extremely popular among people who enjoy challenging experiences. They’ve gained a lot of popularity with first-time users and experienced riders, who have their own sporting events, clubs and groups of like-minded people.

ATVs are usually small single-driver or dual-driver vehicles, meant for recreational use in areas which have no roads, dirt tracks, mountainous territory, marshy areas etc. Originally built with three wheels, today’s ATV usually has four wheels. The large-sized tires are kept under low pressure to traverse different terrains. They have very deep tread/grooves designed to travel comfortably across muddy and rocky areas. The rider is usually seated above the engine though some ATVs have side-seating.

Though theoretically more safe than motorcycles because of their four wheel stability, ATVs are not street-legal in many countries. They’re prone to roll-over accidents, rendering them more dangerous than four-wheelers, since ATVs don’t offer that level of protection.

ATV Accident Injuries

ATV accidents account for a huge percentage of patients who visit ER rooms across the country. Fatal injuries can result in death, while serious trauma to the head, neck, spine, limbs, internal organs and skin can take place in ATV accidents.

Common injuries include:

  • Whiplash
  • Neck and spine dislocation
  • Head and face trauma
  • Burns
  • Abrasion
  • Concussion
  • Fractures
  • Bruising
  • Lacerations
  • Brain trauma
  • Internal bleeding
  • Organ damage

Preventing ATV Injuries

Get to know your vehicle before taking it out. Many accidents are caused by inexperienced drivers who are not familiar with how to handle the vehicle. Most manufacturers offer ATV education and riding classes in which they make the drivers aware of the risks and proper handling of the vehicle.

Rider inexperience is a leading cause of accidents and a new rider should initially learn the ropes under the guidance of more experienced riders.

ATVs perform poorly on paved roads, as they’re meant for rough terrain. Never take your bike out on city streets. Most ATVs are designed for single riders and double-riding on a vehicle not meant for two is risky.

Television and films often depict exciting sequences involving ATVs. This may spur inexperienced riders to try the same stunts without realizing that it takes long hours to practice to perform them. Dangerous stunts and maneuvers are meant to be performed by experts and not a newbie who has just got the bike.

State laws and ordinances mandate what kind of terrain is designated for use by ATV riders. Knowing local conditions, geographical and climatic conditions and riding in a controlled environment can mitigate risks. Operating the vehicle in unfamiliar regions, poor light and in bad weather is certainly asking for trouble, however experienced a rider one is.

Lending one’s ATV to an inexperienced rider can lead to fatal accidents for which one becomes liable. ATVs are typically considered as “toys” or leisure vehicles operated by young adults who may lack physical, intellectual and emotional maturity to operate them. They may not always respect property rights, road signs and warnings. Children under 14 should never operate an ATV, though in reality they can and often do. Some manufacturers offer a “transitional vehicle” for this age group which puts them at risk if operated without proper education and supervision. Many ATV deaths and injuries occur during the summer and in the school holidays. Children should never ride vehicles not meant for their height, weight and size.

Protective gear like helmets, goggles, gloves, knee and ankle pads should be compulsorily worn while riding.

Another leading cause of ATV accidents is unscientific modifications to the vehicle by amateurs. 

How We Can Assist

If you or a loved one is involved in an ATV accident, immediate medical attention is the first priority. You also need proper legal representation as quickly as possible to safeguard your rights.  In such cases, our personal injury lawyers can conduct their own investigations, gather testimony from experts and witnesses and put documentary/photographic evidence together to make a strong claim for compensation.

Our free consultation injury lawyer can give you a genuine assessment of your claim. In case of death, our wrongful death attorney can help you with the paperwork. We can provide the services of a no win no fee lawyer and ensure that your rights are protected and you receive maximum compensation.

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.

Airbag Lawsuits – Overview and Information

What are Airbags?

Airbags are essential life-saving safety devices in your vehicle. They have saved many lives when the vehicle has been involved in an accident. It is a restraint system that is designed to supplement the conventional seat belt. The complete airbag system consists of an Electronic Control Unit which is the diagnostic unit, crash-sensors and the airbag unit consisting of folded bags and inflators. Newer vehicles also have an airbag deactivation system. The bag itself is located in the steering-wheel pad and/or instrumentation panel. Driver and passengers have separate airbags and the driver’s bag is a little smaller due to space constraints. It basically provides a softer cushioning between the human body and the hard parts of the vehicle. 

How they work 

When a sudden deceleration occurs, the sensors activate the airbag system. The inflators are activated by a mechanical switch. A mixture of sodium azide and potassium nitrate is created resulting in the production of nitrogen gas which fills up the bags.

Airbag Defects

Though airbags can save your life, a defective or malfunctioning airbag can pose a hazard in itself. Some common malfunctions are:

  • Excessive force of deployment due to single-force inflators
  • Faulty crash-sensor which inflates when not required/doesn’t inflate when required
  • Faulty design: Horizontal instead of Vertical direction of deployment
  • Faulty/non-functioning tethers
  • Inadequate testing on range of dummies
  • Outdated technology

Common Airbag Injuries 

When the airbag fails to deploy, or deploys in a faulty manner, deploys unnecessarily or too early/late, it becomes an extremely dangerous device to have inside a moving vehicle. Children, senior citizens, heavier people, people of shorter stature etc are especially vulnerable. Injuries usually occur to the head, face and upper torso. Traumatic injuries to arms and chest are common.

It’s a tragic fact that airbag injuries are more common than people think. Automobile manufacturers across the world, manufacturing a range of vehicles, have been compelled to recall millions of vehicles due to faulty airbags. There are instances where an airbag has deployed simply because the vehicle went into a pothole.

Some of the common airbag injuries that result from such malfunction are:

  • Broken bones
  • Fracture/dislocation of skull, facial bones, neck, torso
  • Brain injury
  • Spinal/Neck injury
  • Rib-cage injury
  • Blindness
  • Hearing loss
  • Facial injuries
  • Decapitation
  • Asthma and respiratory problems
  • Contact burns due to friction
  • Burns due to melting of fabrics
  • Burns due to hot gases 

What to Do in Case of Airbag Injury

Manufacturers are required to fulfill safety commitments to their customers. If you or a loved one has been injured due to a faulty/malfunctioning airbag, you’re entitled to compensation.  Our law firm in Ontario can certainly assist you to seek maximum compensation in case of airbag injury. Our well-qualified, experienced and skilled defective products lawyers can conduct their own independent investigation, garner expert testimony and witnesses, get the proper technical and medical data and put together a strong case for you.

A matter of extreme importance is the fixing of liability or responsibility for a defective product. Our personal injury lawyers work as a part of a legal team and look at all aspects of an airbag injury case. In general, the vehicle manufacturer is liable, even if they have not manufactured the airbag themselves. However, since they have installed the product in a vehicle made by them and which they intended to sell to the customer, they are liable. Another issue could be that the vehicle itself has defective ancillary parts which resulted in the airbag malfunction. If it was a specific component that resulted in malfunction, the manufacturer of that component is also liable along with the auto manufacturer.

Why You Need a Skilled Lawyer

Our firm offers the services of a free consultation injury lawyer who can look at the details of your case and provide genuine advice about the possible outcome of your case. Insurance companies may be quite willing to settle small claims, but for serious injuries, only an experienced attorney can determine your rights, provide the right legal representation/advice, safeguard your interests and also look into long-term compensation issues.

Airbag injuries may result in:

  • Long-term medical/care-giver expenses
  • Loss of career/income
  • Psychological pain and trauma
  • Serious physical disability/injury
  • Loss of mobility
  • Lost prospects

Insurance companies may delay payment of compensation, deny claims, contest items or offer partial payments. Delays could result in the statute of limitations running out, which insurers take advantage of. Our lawyers can negotiate with insurers and also take the case to trial to ensure that you receive the maximum possible compensation for airbag injury.

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.

Important Questions about Accident Benefit Claims Answered

If you or a loved one is involved in an accident, as driver or pedestrian, you may be entitled to financial compensation while you are recovering. The Statutory Accident Benefits Schedule (SASB) regulates the benefits which are standardized in the insurance sector. The SASB provides benefits regardless of fault and covers benefits to you, your passengers or pedestrians injured in an accident.

Anyone who is affected by an accident must get legal advice from a personal injury lawyer who has expertise and knowledge of motor vehicle laws. Apart from SASB benefits you can also make a tort claim for damages (compensation from the person/s responsible for the accident.)

Some of the most commonly asked questions about accident benefits claims are:

Am I eligible for accident benefits?

If you have been injured in an accident or someone who is related or dependent on you is injured in an accident, you can claim accident benefits to help you cope with the physical and psychological trauma. These benefits are meant for treatment, care and replacement of income suffered as a result of injuries sustained in the accident. You must contact a car accident lawyer or a personal injury lawyer immediately apart from your insurance company. There are three main types of injuries:

  • Minor
  • Catastrophic
  • Non-catastrophic

It’s important that your injury gets categorized correctly as it can affect your claim and make a significant difference to your rights.

If you cannot work at the same pace/level as you used to before the accident, you can claim benefits within a period of two years. You may have been employed or self-employed and receiving employment insurance benefits at the time.

What are some of the Statutory Accident Benefits?

Under current laws, statutory accident benefits include:

  • Income replacement benefits
  • Care-giver benefits
  • House-keeping and home maintenance benefits
  • Non-earner benefits
  • Medical and Rehabilitation benefits
  • Reports costs including costs of assessments and examinations
  • Attendant care benefits
  • Dependent care benefits
  • Death/Funeral expenses
  • Optional benefits
  • Certain other benefits like replacement of damaged spectacles, dentures, hearing aids, prostheses, medical assistive devices, clothing etc
  • Indexation benefits

However, everyone does not automatically for all these benefits since each has its own qualifying criteria.

What are the important facts to know about claiming accident benefits?

Apart from reporting the accident to the relevant authorities, specifying the damages to property/vehicle/person, you should report injuries to the insurance company as quickly as possible. This report should be made within seven days of the accident. The insurer will provide you with a Form OCF-1, which must be filled and returned to them within 30 days.

Are there any exclusions? 

Insurance companies typically deny claims for income replacement, non-earner and other benefits if the driver knowingly did not have a valid driver’s license. If the driver was specifically excluded from your insurance company’s policy, or the passengers/driver specifically knew that the vehicle was being driven without the owner’s consent, and/or is engaged in a crime, then your claims may be contested by the insurance company.

Do I need a Personal Injury lawyer?

This section of the law is extremely dynamic and there are frequent amendments and new legislations. Our free consultation injury lawyers can help you understand the legal aspects of your claim and also put together a strong claim. You may or may not have insurance, or the other party may or may not have insurance and this factor is not relevant as far as claiming benefits is concerned. Our lawyers can complete all the requisite paperwork, handle your statutory benefits claims and deal with your insurers.

It is mistakenly assumed that your insurance company will be of assistance. However, in reality, their mandate is to benefit their own organization and hence they may not actively pursue your case. You require the services of a pro-active legal team to derive maximum benefits and handle all aspects of your case from start to finish. Our lawyers work on your behalf to protect your rights and interests.

When should I call a lawyer?

In general, minor accident claims are settled relatively quickly but if you or a loved one has been injured in an accident, if death has been caused in an accident, if serious vehicular/property damage was caused, you need immediate legal assistance. If a pedestrian was injured, road conditions were a factor, the accident occurred in a construction zone, you’re being faulted wrongly or you don’t understand your/the other party’s insurance company policies, you must get expert legal advice.

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.

Rotator Cuff Injury and Car Accidents: The Legal Aspects

Our shoulders are controlled by a comparatively less stable ball and socket joint that moves freely in many different directions. This makes the shoulders one of the most mobile joints in our body and there is a very wide range of movements possible. Apart from holding up the neck and head, the shoulders also control the movements of the arms and chest.

The ball and socket joint is a crucial one. It is made of the head of the humerus (the upper arm bone) fitting into the scapula (shoulder blade) and held in place by thick bands of cartilage. The entire joint is made mobile by the rotator cuff muscles which are dynamic stabilizers and also allow the joint to function in the right way.

Rotator Cuff Muscles 

The rotator cuff is a complex set of small muscles that works to keep the ball and socket joint functioning properly and ensure that it remains in place because it is not a very stable one. Rotator cuff tendons are hidden below the shoulder bone.  The rotator cuff system consists of four separate muscles that form a cuff around the ball end of the bone:

  • Supraspinatus
  • Infraspinatus
  • Subscapularis
  • Teres Minor

Apart from these, there are other muscles which also move and hold the joint. These include the deltoid, pectoralis major, teres major, etc.

Types of Injury

These muscles are vulnerable since they are used constantly; usually receive the maximum impact in accidents/falls and also because of the instability of the joint. When any one or more of the tendons are injured, there is inflammation, pain and immobility. Typical injuries include:

  • Shoulder Bursitis
  • Rotator Cuff Impingement
  • Tendonitis
  • Tears
  • Stretching

What Causes Rotator Cuff Injury?

There are many causes for such injuries. The joint is protected by the covering or cuff of muscles and tendons and a lubricating sac separates the bones and muscles allowing smooth movement. However, any impact, jerk, stretching, fracture or damage to the bones, muscles, tendons or ligaments can cause the entire cuff to malfunction, causing pain, inflammation and immobility. Pain is usually the result of inflammation which causes swelling as the muscles are confined to the tiny space between the joints.  

Symptoms 

Each set of muscles has its own specific symptom, but in general, rotator cuff injury symptoms include:

  • Arc of shoulder pain when the arm is raised
  • Clicking sound when arms are moved
  • Pain from top of shoulder to elbow
  • Pain when lying on that particular side
  • Shoulder pain while at rest
  • Weakness or pain while lifting weights, twisting (as when wearing the seat belt) or reaching out
  • Shoulder pain when raising arms behind the head

Treatment

Your doctor can diagnose rotator cuff injury from:

  • Observation and examination
  • Listening to your report and description
  • Reviewing your past medical history
  • Noting any unusual events such as accidents
  • Taking X-rays and scans

Once the diagnosis is confirmed, the treatment plan includes:

  • Rest and ice-packs
  • Sling
  • Pain-relief medication (cortico-steroids)
  • Over-the-counter medications
  • Muscle relaxant/anti inflammatory medication
  • Supervised physical therapy with specific types of exercises
  • Ultra-sound therapy

If the problem is more severe, and non-responsive to conventional treatments, you may require extensive treatment that includes surgery, hospitalization and long-term physiotherapy. Generally these are the steps to be followed:

  • Referral to orthopedist
  • Surgical intervention
  • All-athroscopic repair for very severe cases

How We Can Personal Injury Lawyer Assist You 

If your rotator cuff injury is directly linked to or caused by a car accident, apart from immediate medical attention, you also require legal advice to safeguard your rights and get compensation from those responsible for the accident. Our free consultation injury lawyers can get to work immediately.  This is very important as any delays can be counter-productive as there may be statute of limitations rules in place. Insurance companies who have to give the compensation would try their best to reduce it, hence they will aggressively contest your claims. They can prove that your rotator cuff injury is caused by nothing but normal wear and tear of the joint, completely unrelated to the accident. Our accident injury lawyers can provide you with a genuine and valid assessment of the merits of your case.

Our personal injury lawyers can assist you with the paperwork involved in filing a claim. Smart insurance companies may get victims to give recorded statements or unknowingly authorize the insurers to delve into past medical history that proves contrary to claims. Here, our car accident attorney can provide the right advice, establish the links between your injury and the accident, and ensure you get the maximum compensation.

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.

Pelvic Fractures and Auto Accidents: An Overview

The pelvis is a butterfly shaped structure situated at the base of the spine. It is composed of five major pelvic bones and bone-systems which together house major organs of digestion, excretion and reproduction of the human body. All these bones are held together by a tough band of ligaments and this forms the pelvis. The pelvis has a large hole in the middle and this forms one major outer ring structure, while two smaller rings protect the bladder, rectum and intestines.

Pelvic Fractures

Breaks in one or more of the bones in this structure, including the hip joints, constitute a pelvic fracture. They are not very common since the structure is quite strong and well-protected by tissue, muscles and fat. However, serious accidents, impact injuries and falls can cause damage to the bones. Fractures range from mild  (minor rings are affected) to severe (rings break in more than one place.)

Pelvic fractures are classified as:

Stable: in which there is a break only in one place along the ring, with limited bleeding and the structure remains in place.

Unstable: in which there are multiple breaks and moderate to heavy bleeding, endangering the stability of the structure.

Both these may either be open or closed fractures in which the skin may or may not be broken. Mild fractures may set on their own with adequate rest, whereas serious fractures can endanger the person’s life, lead to organ damage and needs emergency medical attention with long-term hospitalization and care.

Other systems of classification like the Young-Burgess classification segregate pelvic fractures into Types A, B and C, based on location, compression and shear.

Internal bleeding may occur, which may not be immediately obvious. In case of car accidents, victims with pelvic fractures may initially be able to walk around unaided but it should not mislead the physicians/ER staff. 

Symptoms

  • Severe pain in the abdominal region, groin, hip or lower back
  • Inability to walk
  • Numbness, tingling in groin and/or legs
  • Bleeding from rectum, urinary tract or vagina
  • Difficulty in urinating
  • Difficulty in having bowel movements
  • Pain and tenderness in the hip area
  • Bruising and swelling
  • Shock

Diagnosis

Following a severe car accident, care should be taken to examine all passengers thoroughly, though they may appear unscathed. Mild pelvic fractures may not present with obvious symptoms, but can lead to serious problems if left untreated. It’s also important to check if the patient is a pregnant woman, as this could lead to life-threatening problems for both mother and child.

Diagnosis is achieved via:

  • Observation and examination
  • Patient interview/report
  • Range of motion of hip
  • X-ray
  • CT Scan (doctor should be informed about allergies if any to dyes)

The doctor may recommend certain other investigations to confirm the diagnosis. These include:

  • Urinalysis
  • Pregnancy test for women of child-bearing age
  • Hematocrit and hemoglobin tests for assessing blood loss on a serial basis
  • Ultra-sound to detect bleeding in pelvic region
  • Urethrography
  • Arteriography
  • Cystography

The last three tests are to identify the location and type of bleeding. 

Treatment and Management

Mild and stable fractures require:

  • Pain-relief medication
  • Bed-rest for a specific period followed by supervised mobility
  • Avoidance of weight-bearing
  • Use of crutches/walker
  • Anti-coagulation medications

Severe and unstable fractures require:

  • Careful initial intervention, especially at accident sites
  • Straight lift of patient on to stretcher without rolling by several helpers
  • Blood transfusions
  • Fluid resuscitation for treatment of shock
  • Immediate surgery with insertion of rods/pins to stabilize the structure
  • External fixation of structure with rods, blades, screws etc
  • Open fractures need emergency treatment to avoid blood loss
  • Colostomy for open fractures
  • Further hospitalization should be monitored by orthopedic specialists
  • Early fixation of unstable fractures, essential to avoid deformity
  • Multi-disciplinary approach

How We Can Assist

Pelvic fractures caused by a devastating car accident can change a victim’s life forever. Apart from the statutory benefits mandated by the government, if the accident was caused by the negligence or fault of another person, our no win no fee lawyers can help file a lawsuit for damages.

Our catastrophic injury lawyers can assess the facts of the case and give you a genuine assessment of whether your claims are valid or not. Victims/families are so traumatized by the events following an accident that they may inadvertently compromise their rights or give recorded statements that could be counter-productive to their claims later.

Our car accident lawyers work to safeguard your rights and ensure you receive maximum compensation.

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.

How to Pursue a Successful Cerebral Palsy Lawsuit

Consumers are becoming numb to the news that 10% of births are inflicted with cerebral palsy stemming from medical malpractice. This may not seem to be statistically high but in consideration of a precious life birthed, this figure should be unacceptable by society and culture; all the more when medical malpractice is involved.

The progress in medicine and technology seems to bring on a lackadaisical attitude among the medical professionals who are depending more on advanced medical facilities and equipment than their social obligations and responsibilities with a sharpened conscience to guide them in their medical profession.

A child with cerebral palsy is a big challenge for any parent, regardless of affluence and background. The affected child is robbed of life’s golden opportunities with no real purpose or fulfillment in life, but be a burden to others; as many would view the situation.

Cerebral Palsy Disorder Generation

This health disorder is a condition caused by an injury to the brain that could have had happened before or during delivery. It could also happen shortly after delivery, depending on circumstances.

The brain is unable to receive normal signals to and fro the nervous system which could lead to a crippling or paralyzing of the muscles in the child for various movements. The causes of cerebral palsy could include:

  • Abnormally long labors
  • Difficult deliveries
  • Umbilical cord positioning that cuts off oxygen to the baby’s brain
  • External pressure exerted on the brain for too long

The brain reacts to these situations by being paralyzed to cause cerebral palsy; hence, the child’s life is adversely impacted to enjoy a normal life. The severity of this disorder depends on the length of time oxygen is deprived to the brain.

Prevention of Cerebral Palsy

As cerebral palsy is an incurable condition, prevention is definitely the key. Attending physicians or obstetricians and gynecologists should always be extra careful in diagnosing the mother and baby throughout the trimesters of pregnancy.

The mother’s health condition could also instigate cerebral palsy in her growing fetus if she has:

  • Infections
  • Complications during delivery
  • Not strong to push and endure the labor
  • The cervix is too slow in opening for a quicker delivery

Physicians need to exercise certain precautions to prevent cerebral palsy; these include:

  • Checking out the mother’s health history or background for genetic disorders, especially in cerebral palsy conditions
  • Monitor the mother’s health care throughout the pregnancy
  • Assess the baby’s growth by size before delivery
  • Check the position of the umbilical cord and the baby at all times to avoid cutting off of oxygen to the baby
  • Be alert to a possible umbilical cord pro-lapse where the umbilical cord is pushed out before the baby
  • Monitor the baby’s condition during labor for signs of distress to avoid potential complications
  • Check the delivered baby on oxygen deprivation as soon as possible with hyperbaric oxygen therapy if the baby struggles with oxygen intake

Most hospitals and delivery clinics are well equipped with skilled obstetricians and midwives to handle normal no-complication pregnancies and deliveries, but many still lack the medical expertise in coping with potential cerebral palsy during and after delivery.

Should the attending physician or obstetrician fails in these and other standard pregnancy and delivery care procedures, they could be liable for a lawsuit as they failed to provide the best of medical health care for the baby’s best interest. Since cerebral palsy is an incurable condition, it becomes a burden on parents and caregivers to offer the best of life for the affected baby throughout its lifetime.

Lawsuit on Cerebral Palsy

Parents whose child was born with cerebral palsy should identify the sources of this condition and seek appropriate financial compensation from the relevant parties. This is a long term health and life condition that would be costly for parents to care for their disabled child.

We have skilled and experienced long term disability claims lawyers who are apt at handling cerebral palsy cases.  Our free consultation lawyer services offer affected parents a legal channel to voice their frustrations and hopelessness of their child who is marred for life.

This disorder could prove to be extremely expensive to care for the cerebral palsy child to cover:

  • Lifetime medical care costs
  • Medical therapies
  • Home care
  • Rehabilitation
  • Professional caregiver services
  • Medications and drugs

A personal injury litigation case would also help spread the news around to inform the public on cerebral palsy dangers and possible medical negligence that instigate this disorder in newborns.

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.

Physicians who are to be held responsible for medical negligence

Most consumers across the world have a great deal of faith in doctors who are supposedly well trained and schooled to be qualified and responsible for good public health care. However, doctors are also humans who are subject to mistakes at work like other employees in different professions.

But a distinct difference is that doctors are expected to be meticulous and skilled in their medical profession, especially those who specialize in some medical component to be called specialists or consultants. They are supposedly more knowledgeable and skillful in their preferred field of medicine with precise judgments to be known as medical experts.

Doctors or medical specialists may also experience ‘bad’ days when their medical judgments could be clouded and things do not go the way they plan. They could:

  • Misdiagnose a health condition
  • Overlook a hidden growth
  • Be over-confident about the situation to prepare for emergencies
  • Miss out supporting symptoms
  • Experience fatigue due to busy schedules
  • Be inexperienced
  • Lack the necessary medical facilities and technologies for making better diagnoses
  • Mix up reports of patients
  • Prescribe wrong medications
  • Recommend wrong treatments
  • Administer wrong dosage of medications

Although non-invasive procedures are preferred today, surgery is the last resort and non-option for some. There is always a degree of risks and danger with surgical procedures no matter how simple the procedure is on paper. A routine appendix operation could turn haywire when it bursts during the procedure and complication sets in. An infection could come on set in and a day’s stay in the hospital becomes a week or more. 

Understanding Medical Negligence and its Consequences

Medical negligence could come in many ways to cause adverse consequences for the patient. Some medical negligence acts may be minor while others are of a more serious nature to bring on long term disabilities and even fatality.

Medical professionals have been trained over many years with not only knowledge but practical and ethical standards in healthcare. Doctors and hospitals that do not provide the stipulated high and consistent standard of safe healthcare are subject to high liability by the law with potential lawsuits from patients and families of victims as they tend to be negligent in their work conduct or performance.

Doctors and medical caregivers are supposed to exercise utmost precautions and ethical standards to ensure total safety to all patients. Medical negligence by doctors and medical caregivers could cause dire consequences for the patients and their families. This includes:

  • Worsened health condition of the patient
  • Continual or increased discomfort and pain
  • Increased medical expenses
  • Increased emotional trauma and stress
  • Loss of income
  • Loss of job opportunities
  • Continuous medical treatments and medications

Patients who experienced medical negligence may suffer greater hardships if no solution is forthcoming.

Solutions for Medical Negligence Patients

Simple medical negligence cases could be easily resolved with simple and quick solutions. These could include:

  • Corrective diagnoses and medication
  • Alternative medical procedures or treatments
  • More diligent and consistent health care to be administered

However, more serious medical negligence that brings on more severe consequences may not be resolved quickly or easily as it could trigger other health problems. Complications could set in for a quick or full recovery.

Severe medical negligence could be resolved by:

  • A team of medical specialists to work on the different areas of problems arisen
  • Use of new and more advanced drugs, medications and treatments
  • Highly specialized health care by professional caregivers
  • Filing a medical malpractice lawsuit

Legal Assistance to Hold Medical Negligence Physicians Responsible

Filing a medical malpractice lawsuit or personal injury litigation by the patient or family could be the last resort as most individuals shy away from such options. The plaintiff in a medical malpractice lawsuit would require:

  • An experienced and skilled personal injury lawyer specializing in medical malpractice
  • Gather sufficient solid proof of medical negligence of attending physician or hospital
  • Supporting witnesses who are able to testify of the medical negligence such as psychologists and physiologists

We have a highly skilled and qualified serious injury lawyer services that covers medical negligence cases. Our well trained and experienced 24×7 injury lawyers are very familiar with the standard healthcare and medical procedures which doctors must comply with. We are experienced  in investigating medical negligence in any medical case through:

  • Applying the right contacts and tools available
  • Identifying lack of consent or knowledge of risk by patient
  • Confirming doctor’s failure to advise patients of treatment’s risks or dangers

If you, your family or a friend has been injured as a result of medical never  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.

Wrongful Birth Lawsuits

A child with serious birth defects which could be some genetic disorder may be difficult for the parents and family to handle. Some parents would have preferred the chance to avoid the situation if they were notified early in the pregnancy with proper detection since technology is very advanced today in the medical field.

Parents and Child’s Perspective

Grieving or challenged parents with a child that has severe genetic disorders may feel cheated in life for not having the option to avoid the pregnancy. These parents are very burdened with a child born with birth defects especially when their obstetrician or gynaecologist could have or should have detected the condition early in their pregnancy.

A child born with severe genetic disorders is not only a burden to the family but him or herself. Depending on the type of disorder, pain and suffering may come on bringing great discomfort to the child. This would tear the parents’ hearts to see the agony and helplessness of the child as they are unable to relieve their child of the hopelessness in life. Great struggles beset the family as caring for such a child is very challenging and draining in energy and time.

Many nations may offer parents an alternative through a legal abortion to relieve the parents from bearing such a heavy load and emotional suffering. However, negligence may crop up through the obstetrician to invoke a wrongful birth.

Wrongful Birth in the Medical Arena

A wrongful birth refers to the birth of a child which should not have had happened. This would probably be due to the severe birth defects or genetic disorders which the child is inflicted with to have a meaningful and normal life. A wrongful birth could happen when the doctor failed to detect some abnormality in the foetus during pregnancy which should be detected using the latest scientific technological tools in the medical field.

Doctors or obstetricians who did not execute careful checks on the expectant mother or growing foetus could easily miss a severe birth defect if they were callous about the pregnancy. It is possible to miss genetic disorders if:

  • Doctors are general practitioners and not trained obstetricians
  • Doctors have little experience in genetic disorder cases
  • Over-confident obstetricians who assumed a normal pregnancy for all expectant mothers
  • Callous or negligent doctors who may be over scheduled with work and other commitments
  • Lack of proper facilities in the hospital or clinic
  • Expectant mothers do not adhere to regular checkups by qualified doctors
  • Parents did not reveal possibility of genetic defective genes before going ahead with family planning

Every pregnancy is unique and different with different challenges arising. With the availability of advanced technologies, dynamic medical tools have been invented to monitor a pregnancy intricately. Expectant mothers are scheduled for regular checkups during the whole pregnancy trimesters to monitor the development of the baby and the health of the mother to ensure safety for both parties. These checkups would reveal possible conditions outside the norm which parents should be informed as quickly as possible.

When the baby is suspected to be growing abnormally, parents should be the first to be informed regardless of confirmation through further testing. Parents should be given the right to make the final decision on the fate of their unborn child that is identified with genetic disorders. Many parents do want this option which they feel is their responsibility and right. They might choose to terminate the pregnancy for very personal reasons.

A detailed medical history of the parents and relatives would be a good gauge on the possibility of birth defects in unborn children.

Legal Assistance in Wrongful Birth Litigations

Parents who have a child with birth defects or genetic disorders may be embittered in life with the heavy responsibility of caring for their special child especially if they are not financially capable. They would have preferred a termination of the pregnancy upon an early detection if their obstetrician conducted careful testing on the growing foetus.

As an established law firm that specializes in such challenging cases, we have a team of dynamic disability claims lawyers who are experienced and skilled in handling wrongful births litigation. Our hospital negligence lawyer specialist is apt with medical terms and procedures to understand the condition of genetic disorders or birth defects by collaborating closely with medical professionals and specialists to review the case accurately to benefit the affected parents.

Our no win no fee lawyer works diligently and meticulously to check on solid evidence to confirm the wrong medical advice.

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.

Medical Malpractices in Pregnancies or Deliveries Causing Birth Defects

It is shocking that progressing technologies seem to be spiking more births with severe genetic disorders and birth defects through medical malpractices. Parents and society in general are appalled at the rise in statistics of such births that reveal severe problems as every pregnancy is entrusted to medical professionals specializing in pregnancies and deliveries of babies.

However, that trust could be breached through:

Negligent monitoring

  • Poor medical decisions
  • Untrained or inexperienced doctors
  • Irresponsible doctors
  • Poor medical facilities

A child with birth defects could be a challenge for parents who are unprepared to care for it:

  • Mentally
  • Emotionally
  • Physically
  • Financially

But the situation could have been avoided if the right authorities took the responsibility to handle the issue professionally.

Who is Responsible for Birth Injuries in Babies? 

Expecting parents rely heavily on doctors and hospitals to help them deliver a healthy normal baby but this does not happen all the time. Birth defects or injuries are becoming more rampant today despite advanced technologies flooding society across the globe.

Babies who are born with birth defects must be cared for using special means and skills which many parents are unequipped with. It is not surprising that medical malpractice lawsuits are on the rise as parents with birth defects babies are outraged by:

  • Callous obstetricians
  • Untrained doctors
  • Irresponsible hospitals
  • Poor scanning and testing facilities
  • Compromised standards of medical care
  • Wrong interpretations of tests and scans

Affected families have many questions to field to the authorities on birth defects that are revealed in deliveries.

Birth injuries in babies could include:

  • Cerebral palsy
  • Erb’s palsy
  • Birth hypoxia or asphyxia
  • Brachial plexus injuries
  • Shoulder dystocia
  • Improper vacuum extraction
  • Unforeseen breech birth difficulties
  • Caesarean complications

Medical malpractice is a highly complicated issue which many ordinary parents would not be able to comprehend fully with the vast medical terms and consequences of each birth injury. These are complex, technical medical issues that must be handled professionally by the right parties for a good resolution.

It is expected that a lot of ‘finger pointing’ and ‘passing the buck’ attitude would arise in these situations. The long term effect of the child born with severe birth defects must be taken into proper consideration by all parties in caring for its life since it is born into the world. It is the innocent victim with no say and no power to insist on its rights to a good life which may come with the normal challenges.

Livelihood of the Child with Birth Defects

A child with birth injuries or defects would most likely be subject to:

  • High medical costs for continuous medical treatments
  • Expensive medications on a long term basis
  • Necessary home renovations to fit the different needs of the special child
  • Special mobility facilities such as wheelchairs and electronic beds
  • Constant specialist care by trained caregiver
  • Special diets
  • Challenging living needs that differ from the norm

A severe genetic abnormality could impact the lives of parents, family and the child so drastically that it is difficult and burdensome to one and all. There are not many professional and caring hospices or caregivers to ease the burden of parents with a child born of birth injuries or genetic disorders.

Parents with a child born of birth defects would find it too heart-breaking to end the life of their child once it is delivered; but it may be too distressing to care for it well while carrying on with their normal life routine.

Filing a Lawsuit on Birth Defects Medical Malpractice

Parents whose hopes crashed with the birth of an abnormal child have the right to personal injury litigation if they believe that plausible medical malpractice has been committed. We empathize with these parents and aim to assist with legal counsel and actions that would bring some consolation to parents and their families that have to cope with the uphill challenge.

Our free consultation injury lawyer is always available for the best legal counsel towards a litigation that demands justice and fair compensation to ease the financial burdens of caring for an abnormally formed child. We are confident with our no win no fee lawyer services that would not incur heavy financial expenses on parents who are seeking for justice in their difficult situation. We stand by these parents to demonstrate that attending physicians or hospital personnel have provided substandard care during the pregnancy and delivery.

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.

Head-on Collisions – Fatalities and Severe Injuries Can Devastate the Lives of Many

Head-on collisions between vehicles leave very little chance of people inside the vehicles escaping unhurt. In most cases, there are fatalities, serious injuries and almost complete damage to the vehicles. The recent crash in Muskoka was one such head-on collision between two SUVs traveling at high speed that resulted in the death of a Toronto father and son. Such cases are more common than people realize and leave a trail of destruction, devastation, financial burden and unimaginable grief and loss.

Head-on Collision Facts and Information

These are the most serious type of vehicular accidents and though they occur quite rarely, the fatalities that result are much higher in comparison to other severe accidents. Head-on crashes are similar to run-offs and side-swipe crashes, as they are all lane-departure or road-departure incidents. A vehicle typically crosses the center-line or median line due to any number of reasons and crashes into a vehicle in another lane traveling in the opposite direction. Wrong-way entry crash is another type of head-on collision. Such a crash occurs when the driver inadvertently or mistakenly travels the wrong way on a road, runs off the road, or deliberately causes an accident due to negligent maneuvers like overtaking on a two-lane road.

According to many studies, a high percentage of head-on crashes occur on rural roads, undivided two lane roads, construction zones, intersections and junctions. Other potentially hazardous conditions include:

  • sharp curves
  • faulty road geometry that includes imprecise super-curvature, elevation or widening
  • inadequate pavement markings
  • insufficient shoulder which prevents recovery during a skid
  • absence of rumble strips at appropriate locations
  • road and weather conditions
  • absence of warning signs regarding road and weather conditions
  • absence of signs regarding animal crossings
  • absence of signage at ramps, divided arterial roads, intersections on freeways

Causes

While the word “accident” implies that the event was not deliberately caused, there are grey areas in every collision. Some of the most common reasons why such fatal accidents happen include:

  • Distraction
  • Fatigue
  • Tire blow-outs
  • Over-speeding
  • Impaired driving due to alcohol/drugs/prescription drugs
  • Reckless/negligent drivers
  • Bad weather
  • Breaking traffic rules
  • Inexperienced teenage drivers
  • Design problems with the vehicle
  • Night driving
  • Risky behavior like improper turns, tail-gating, wrong-way entry, street-racing, stunt driving etc
  • Road rage
  • Incautious driving on bad roads and in poor weather
  • Unfamiliar location

An important aspect of head-on collisions is that it involves one or both drivers breaking a law. Either one or both could be drowsy, driving impaired, distracted due to cellphone, children, co-passengers, texting or ignoring warning signs inadvertently or deliberately.

Apart from fatalities, head-on collision can result in serious injuries like brain/spine trauma, facial and dental damage, burns, internal bleeding, organ damage, air-bag injury, bruising, concussion and/or broken bones. Additionally, people may suffer from long-term physical and emotional trauma. Nightmares, phobias, fear of driving, memory loss, dizziness, epileptic attacks, headaches, depression, anxiety attacks, mood changes, vertigo etc could be the aftermath.

What to Do In Case of Head-on Crashes

Immediate medical attention is crucial for the survivors. They may be critically injured and every moment of delay can mean the difference between life and death. However, it’s also essential to get the right legal representation in the circumstances. Statutory benefits are available to all victims of an accident in Ontario, but a criminal/civil case can also be filed. Our catastrophic injury lawyers can assist survivors to gauge whether they have a valid case for claiming compensation from a negligent driver.

Our law firm recognizes the need to look at a head-on collision case from different angles, since survivors may require psychiatric and psychological care, physiotherapy, speech and occupational therapy, long-term nursing care, home and vehicle modifications. Apart from these, there is loss of income, medical expenses, care-giver and visitor expenditure etc that can put a huge financial burden on the family and individual. Our no win no fee lawyers can give you a genuine assessment of the merits of your case and put up a strong claim for the maximum benefits.

Types of Compensation

Pecuniary and non-pecuniary benefits can be claimed in case of both death and injury. Our personal injury lawyers can help you to claim compensation for loss of care and companionship, present and future earnings, funeral expenses, hospital and medical expenses, visitors, loss of value of the deceased etc. in case of death. In case of severe injury, several other claims like loss of income, disability, medical/psychiatric care etc can also be claimed.

Ensure that your rights are protected by hiring a skilled, experienced and knowledgeable wrongful death lawyer.

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.

Personal Injury Cases: Herniated Disc, Slipped Disc and Pinched Nerves – The Legal Aspects

If you or a loved one has been in an accident or suffered injury because of the fault/negligence of others, you need immediate medical attention. Once this has been taken care of, the other crucial aspect is to retain the services of an accident injury lawyer to file claim for the medical and other expenses that you had to incur as a result of this.

Some of the serious injuries that result from accidents are herniated or slipped discs and pinched nerves. Each one of these can cause severe pain and discomfort, different types of mobility problems and chronic issues with reflexes and sensation. Though the terms may be used interchangeably by health-care professionals, it is useful to know the precise definitions of these terms.

Herniated/slipped disc: often goes undiagnosed even by experienced medical professionals. The back is a complicated structure of muscles, bones, nerves and blood vessels. Anything that affects one part has a ripple effect along the back and other parts of the body. The human back-bone or vertebral column consists of 26 bones which are protected by discs which act as shock-absorbers to cushion the detrimental effects of movement and daily living activities. The discs have two parts- a softer gelatinous inner layer and a tough outer ring.

Any injury or accident to the back can result in the discs getting damaged and the inner layer protruding through to the outer, known as herniation. If the protrusion causes pressure on any of the spinal nerves, numbness, pain or weakness results. If the herniation is in the lower back, the patient feels the pain in the buttocks region, thighs or calf, sometimes even in the foot. However, if herniation is in the upper back, the pain travels along the shoulders and arms.

Shooting pain may accompany sneezing, coughing or sudden movements like twisting and turning. Numbness in certain parts of the body or tingling sensations are other symptoms which most people tend to ignore. Muscle weakness is another characteristic feature of herniation, with the patient being unable to lift or hold items. They may also find it difficult to walk smoothly without stumbling.

Pinched Nerve: is caused by the compression of a nerve in the spine being pressed between two discs. It results from torn tendons or cartilage, arthritis or severe injuries caused by accidents. The symptoms include severe shoulder and neck pain, weakness and “pins and needles” tingling in the arm and shoulder.

Causes: Disc herniation and pinched nerves are a common age-related phenomenon. However, a traumatic event like a blow to the back or a fall can cause it too. Hence, following an accident, if you feel any of the above mentioned symptoms, you need to consult a doctor immediately.

Complications: If left untreated, they can lead to worsening symptoms like severe pain, numbness and weakness that begin to affect your daily functioning. Bladder and bowel dysfunction may cause incontinence or difficulty in urination or having a bowel movement. Loss of sensation in the saddle area: around the buttocks and thighs is another complication.

Diagnosis: Your doctor may arrive at a diagnosis based on:

  • Physical examination
  • Nerve Function examination
  • Muscle strength examination
  • Pain reports of patient
  • Pain observed during palpation/motion
  • Review of specific symptoms
  • Review of medical history especially if there have been injuries suffered in accidents
  • Diagnostic tests like X-ray, CT scans, MRI scans, discogram etc.

Treatment

Treatments are based on level of discomfort and extent of injury.

Conservative treatments: A regular exercise program in collaboration with a physiotherapist to stretch and strengthen the back muscles and surrounding areas.  Over-the-counter medications, steroid injections for pinched nerves, rest and avoidance of heavy lifting, exertion and strain to the back are recommended for mild cases which have been diagnosed early.

Pain management Medications: If OTC medications are ineffective, stronger ones are prescribed, including muscle relaxants, narcotics to relieve muscle pain and nerve pain medications like duloxetine.

Surgery: If the symptoms last beyond six weeks and they affect your daily functioning, surgery may be recommended.

How We Can Help

Whether it was a car accident or a slip and fall injury that caused your herniated/slipped disc or pinched nerve, if the mishap was caused by the negligence of another person, our personal injury lawyers can assist you with filing a claim for damages and also ensure that your rights are safeguarded.

Our car accident lawyers can put together a strong case based on all the available medical and forensic evidence so that you receive maximum compensation.

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.

Motor Vehicle Collision Effects that could be Legally Represented

Motor vehicle collisions could be very minor with no injuries or scratches except on the vehicles but serious collisions could involve heavy crashes with total destruction of the vehicle and even the robbing of human lives. In between these extremes would be a host of traumatic disorders that may not be identified or noticed at the point of the accident until a while later. These are termed post-traumatic stress disorders with whiplash a very common ailment following a motor vehicle collision.

The sequence of events impacting the accident victims reveals the complexity of human emotions which makes it difficult for even experienced pain specialists to diagnose accurately the malady for the right treatment to be administered. Hence, the accident victim is prone to a myriad of undesirable and discomforting health consequences following any motor vehicle accident. 

Post-traumatic Stress Disorders

This mental health condition could creep in subtly on 10% of car accidents survivors impacted with a physical injury. Such an injury could be reflected through intermittent physical illness and unresolved chronic pain despite having applied various medical treatments and medications.

Some of the symptoms of PTSD include:

  • post-traumatic headache
  • whiplash
  • surfacing chronic pain
  • involuntary intrusive thoughts
  • discomforting dreams or images of traumatic events
  • physiological hyper-arousal that includes lack of concentration, increased irritability and insomnia
  • decreased interests in normal life activities
  • emotional numbness or lack of responses

PTSD is increasingly complex as it could be construed as:

  • a traumatically induced fear condition
  • appraisals of danger by patients
  • personal incompetence
  • social rejection
  • negative emotional responses

By medical definition, PTSD is the term given to the diagnosis on distressed individuals exposed to some traumatic life threatening event that could impact their physical well-being. When individuals are diagnosed to be afflicted with PTSD, 3 obvious symptoms are consistent:

1) Re-experiencing a trauma

2) Emotional numbing or avoidance attitude

3) Hyper-arousal symptoms

When these symptoms have been identified for at least a month, the patient is confirmed with PTSD condition and medical specialists may correct previous diagnostic errors including:

  • failure in identifying previous traumatic events in the patient’s life
  • over-emphasis on one symptom that stands out without a full symptomatic review
  • a quick conclusion to an obvious and potential source for the symptoms in a confirmatory bias
  • failure to review other aspects of the patient’s life such as related work or social disability that could be an instrumental factor

Well-designed studies in this area show a conditional prevalence between 11% and 12% while higher percentages surface with consecutive admissions and symptomatic revelations without satisfying the full diagnostic criteria.

The After-Effects of PTSD

It is possible to have serious repercussions on PTSD conditions if left untreated with a natural course taken. A high percentage of PTSD patients may be diagnosed within the first 4 months after the motor vehicle collision and appropriate treatment may have been activated to arrest the disorder with a rapid remission.

Proper medical treatments could assist half or more PTSD patients to make a complete recovery within a year. If PTSD is not aptly and quickly diagnosed and rectified with the proper medical treatments, long term ill effects could be experienced. These include:

  • musculoskeletal complaints
  • digestive and neurologic discomfort
  • chest pains
  • ENT issues
  • cardiovascular and pulmonary stresses

A long history of PTSD could lead to a higher risk of chronic pain as well as other somatic conditions. Whiplash pains are common complaints in MVC survivors with traumatic headaches and depressive symptoms especially when general medical care is administered.

Legal Assistance on PTSD

Many MVC survivors suffer in silence without exercising their full basic rights to appropriate compensations from relevant parties that are instrumental in causing their condition. They fail to understand the severity of their personal health condition for the long term while being a burden to self, their loved ones and society. However, skilled personal injury lawyers like us have the right experience in handling such cases successfully.

Our Ontario lawyers are licensed car accident lawyer specialists who are well versed with not only the accident legal undertakings but the after-effects of such incidents on the MVC survivors. Our legal firm has excellent short-term and long-term disability claims lawyers who are meticulous in identifying the right sources for fair compensations due to the MVC survivor clients.

Our free consultation injury lawyer counsels the MVC survivor clients professionally in all legal issues on this post-traumatic disorder for the best course of legal action and outcome.

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.

Parking Lot Accidents and Liability

Auto accidents are very common across the globe with a high percentage occurring in commercial parking lots. Most of these accidents may incur basic property damage but it is possible for serious injuries and death to happen in some unfortunate circumstances.

One of the more serious parking lot accidents is known as “Backing over” injuries on pedestrians who are knocked down when cars reverse onto them. Minor injuries that could be afflicted from parking lot accidents include:

  • Whiplash
  • Cuts
  • Bruises
  • Swollen muscles
  • Stretched tendons
  • Inflamed ligaments

Proper Actions in a Parking Lot Accident

Both drivers and pedestrians are likely to suffer from parking lot accidents. These parties should be educated on the best course of  action when involved in any parking lot accidents.

1) Identify the party at fault

2) Identify solid evidence

3) Secure reliable witnesses

4) File an insurance claim

5) Consult a personal injury lawyer

6) Make a police report

Parking lot accidents could happen in non-residential or commercial spaces due to the lack of traffic signals and order. Many drivers and pedestrians may assume that vehicles should be traveling at relatively low speeds to cause any accident but well planned commercial parking spaces would secure the right zoning variances with proper traffic markers to eliminate accidents.

Parking lot accidents may initially appear minor unless some involved party is inflicted with injuries. Injured parties could file an insurance claim to seek compensation from their own insurance companies or the party at fault’s insurance company.

If necessary, it is wise to make a police report if the involved parties are unwilling to settle the issue amicably although it is rare for the police to be involved in parking lot accidents. The premise management should also be informed on any parking lot accident in case they need to be mediators for all involved parties if the police are not required to be involved. This would help ease the tension when different parties start pointing fingers at each other.

“Aftermath” of Parking Lot Accidents

Once the “minor” parking lot accident passes with all the proper procedures executed on property damage, many parties tend to forget about the incident even when they began to feel discomfort in their bodies.

This happens when parking lot accidents may trigger soft tissue injuries like whiplash which do not arise until a few weeks or months later when the accident is forgotten. The cuts and bruises would have healed and no one would think twice about further internal injuries until the symptoms become too intense.

Some victims may suffer in silence bearing the chronic pain instead of seeking professional legal assistance for claims compensation. Many sufferers tend to write off their legal rights in such incidents thinking that the scope is beyond their capability without proper legal background or assistance unless more serious injuries were inflicted with a clear indication such as broken bones and head trauma during the accident.

Hence, internal bleeding or organ damage may not surface immediately until a couple of months when the victim feels great discomfort that may require hospitalization. While some insurance companies offer compensation for hospitalization, many do not delve deeper into the actual cause of the health issue if the incident happened quite some time ago. Opposing parties at fault in the accident may rally against further claims after the incident is deemed to have been a closed case after an initial trivial compensation which both parties might have agreed to without being aware of potential whiplash or internal injuries until later.

Apt Legal Assistance for More Compensation

Parking lot accident victims who suffer from severe injuries that surface later in life are at the losing end when opposition parties are unwilling to entertain further claims compensation. But we are prepared to handle such cases as experienced and skilled serious injury lawyers with a proven track record in this area.

We believe that every accident victim with chronic pains and trauma should be entitled to fair compensations from relevant claims parties as the body takes time to react to the shock and trauma of the accident. Our no win no fee lawyer is well versed with such cases to assist the accident victim in filing a personal injury litigation case and represent the victim from start to a good finish with fair compensation to be accorded.

We have accident injury lawyers who are experienced in handling parking lot accidents and liabilities to ensure a winning case for the accident victim plaintiff against the defendants at fault.

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.

Mind Your Behavior at the Scene of an Accident – Make No Claims!

In the moments following a car accident, there is usually a lot of chaos. The sight of blood, broken bones, severed limbs, dead or unconscious people, etc can cause great shock and fear. It is in such moments that people are most vulnerable and probably can and do make indiscreet claims and statements.

All accident victims under Canada’s no-fault insurance policies are entitled to statutory benefits for medical bills, hospitalization, medication, rehabilitation, loss of income etc. However, in reality, all accidents are due to the fault or negligence of another person and victims are entitled to seek compensation.

Common Causes of Motor Vehicle Accidents

  • Impaired driving due to alcohol or drugs
  • Speeding
  • Distractions like cellphone use, talking/texting
  • Reckless and negligent driving
  • Road rage
  • Bad weather conditions
  • Poor road conditions
  • Ignoring or failing to see warning signs
  • Poorly lit roads
  • Rural roads with no markings
  • Unfamiliar roads with ramps and exits
  • Unsafe or incorrect lane changes
  • Rash behavior on the road like tailgating, street racing, drag racing etc
  • Tire or auto defects
  • Animal crossing

Accident Scene Management

If you’re not seriously injured in the accident, it is better to stay at the scene till a responsible law enforcement authority arrives unless you yourself have to go for emergency help. Don’t undertake any first aid if you’re not a trained medical professional. Contact our personal injury lawyers immediately.

If you’re able to, get all the relevant information from all those involved such as:

  • Full names and complete addresses
  • Contact phone numbers
  • ID numbers
  • Vehicle registration numbers

Note down a description of all the vehicles, details of police, ambulance, medical and traffic officials who arrive on the scene, details of tow truck and the personnel involved in towing away the vehicles. If possible, take pictures of the accident.

If no one is hurt, it’s not mandatory that the police have to be called, but the accident has to be reported by both drivers within a specific time period.  Failing to report is an offense.

If you’re hurt or unable to report, then you must authorize someone to do it or report as soon as possible, with explanations about why you delayed.

Never tamper with evidence. If vehicles have to be moved to allow traffic to pass, it must be done only after spray painting the position of both vehicles.

The legal consequences of an accident include:

  • Charges of impaired driving
  • Charges of Reckless and Negligent driving
  • Criminal charges of culpable homicide
  • Civil claims for compensation for damages to property
  • Civil claims for personal injury

Be Discreet and Stay Silent As Far As Possible 

In minor accidents, where no injury has taken place, the other driver may offer to pay you a certain sum that could compensate you for the damages to your car. They may apologize profusely and suggest that it’s wiser not to get insurance companies into the picture. However, this can be extremely hazardous. Never make any verbal agreements with the other driver, because if they don’t report the accident, their insurance companies could deny your claims later. Ensure that our no win no fee lawyers represent you in all communication.

  • Your vehicle may have suffered damages not immediately obvious
  • You or co-passengers could have suffered injuries like whiplash or internal bleeding that are not immediately obvious
  • Accidents produce fight or flight hormones that could mask any pain due to injuries and you could feel the after effects much later

In case you do make some sort of agreement with the other driver, you may find that the losses are higher than you first estimated and you may want to change your mind later. Though such agreements are not legally binding, it is risky to enter into them at all.

Another issue could be that in the chaos and heat of the moment, you may feel, for some reason that you have some responsibility in the accident and you could make statements that endanger your position later. Even a simple “I’m so sorry, it was my fault” can be used against you later, especially if someone has recorded it.

One of the other important factors is that people may inadvertently give permission or authorization, sign documents without reading them properly or give verbal assurances. This could allow the opposite party’s insurers to access your previous medical history and jeopardize your claims.

Our car accident lawyers can assist you with filing a valid claim for compensation that includes economic and non-economic damages, ensure your rights are protected and that you receive the maximum compensation.

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.

Overcoming Presumed Driver’s Negligence in Pedestrian Accidents

The Ontario Law states a presumption that in any road accident with pedestrians involved, the fault lies with the driver. This presumption may seem unfair on drivers who are unable to avoid careless pedestrians. However, the law is activated to facilitate the high pedestrian traffic in and around Ontario especially in the big cities and towns.

The well developed nation in structured urban planning promotes a lot of walking and cycling even in urban areas. This encourages more pedestrians on or near the roads which easily increases a pedestrian’s risk of injury with a motor accident. There could be many reasons for a road accident to happen in Ontario where:

  • Careless or negligent drivers fail to look out for pedestrians
  • Careless or negligent pedestrians who fail to obey the traffic crossing lights
  • Faulty traffic lights could cause confusion to drivers and pedestrians
  • Faulty vehicles that are unable to avoid pedestrians
  • Slippery roads that cause drivers to go out of control to hit nearby pedestrians
  • Unclear road signs
  • Disruptive road works

Pedestrians or cyclists involved in a road accident in Ontario could be subject to serious injuries, depending on the nature and circumstances of the accident. The injured victims may want to sue and claim compensations from the negligent party. The Ontario Highway Traffic Act Section 193 (1) imposes a presumed fault on the driver who hits a pedestrian on any of its public roads, but many drivers may feel that the law is not fair to place the onus on them in road accidents where they are not at fault.

Types of Potential Vehicle Accidents in Ontario 

There could be many types of road accidents occurring in Ontario daily. These accidents could implicate pedestrians to cause inconvenience and stress with possible injuries.

  • Car accidents
  • Trucking accidents
  • Motorcycle accidents
  • Public transportation 

Car accidents are very common on the road in Ontario with thousands of lives affected in death or injuries with property damage amounting to billions of dollars. Trucking accidents happen frequently too with many heavy to medium industries plying the roads and highways on heavy loads in urgent deliveries. Million-dollar trucks are usually involved in many Ontario accidents with massive damage and fatalities. Trucking accidents could be caused by:

  • Speeding
  • Unrealistic delivery schedules
  • Fatigued drivers
  • Poorly maintained vehicles 

Motorcycle accidents bring on high fatalities in Ontario to be a real concern for lawmakers and citizens. Either party could be at fault with inattentive drivers or speeding motorcyclists who come too close to the vehicle.

Public transportation could also add on to the rising road accidents and injuries incurred on Ontario roads as more consumers choose this option to overcome rising gas prices. It is not surprising that buses, commuter trains, passenger ferries and taxis become more popular to be in greater demand nowadays as gas prices continue to soar. However, these public transports must exercise greater safety measures for the sake of their passengers. Public transportation accidents could happen from:

  • Fatigued or bored drivers with low concentration
  • Poorly maintained vehicles
  • Careless drivers or pedestrians
  • Faulty traffic lights
  • Poor road conditions

Another potential road accident could be cross-border accidents where cars travel between borders such as Canada and USA. Road accidents of this kind could be quite cumbersome as one party may not be well versed with the traffic laws of the other nation. Higher fines and heavy penalties besides inconveniences and stress could be incurred when such accidents happen without proper legal assistance.

Legal Assistance to Presumed Driver’s Fault in Ontario Accidents

It may be difficult for many Ontario or non-Canadian drivers to accept the Ontario Highway Traffic Act Section 193 (1) law that presumes the driver to be at fault in road accidents involving pedestrians. We are an established legal firm in Ontario that is well versed with this road law to assist drivers who are involved in a road accident involving pedestrians in Ontario.

We have personal injury lawyers who are experienced in identifying the types of injuries inflicted on involved pedestrians in any road accident. We also have specialized accident attorney services in Ontario road accidents who understand the short and long of the province’s traffic rules and regulations.

Our free consultation injury lawyer provides the best of counsel to take the appropriate actions in any Ontario road accident. We aim to service presumed at-fault drivers with substantial evidence that would dismiss the charges and case quickly through our skilled and experienced car accident lawyers.

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.

Pain and Suffering – Can They Be Included in Your Car Accident Claim?

Following a car accident, Canada’s no-fault insurance policy provides statutory benefits for all those involved in the accident. However, in reality, the insurance may not cover many medical, social and psychological aspects of the victim’s condition. Additionally, most accidents are caused by the fault or negligence of another person. Hence, the victim or next of kin, is allowed to file a claim for compensation, based on the nature of injury and extent of disability and damages and also for pain and suffering.

What is “Pain and Suffering” in Legal Terms?

Under Canadian laws, there is a no-fault premise in the case of accidents, which means that statutory benefits are provided by the state regardless of whose fault the accident is. However, most accidents are in fact caused by the negligence or fault of another person and victims are entitled under the law of torts to claim compensation from the opposite party.

There are broadly two different types of damages that can be claimed after an accident – economic and non-economic.

Economic damages include:  medical and hospitalization expenses, car repair costs, rehabilitation, loss of income both present and future, household maintenance, care-giver expenses, medication, counseling, assistive technology etc.

Non-economic damages include: Pain and suffering, or in other words, the sort of damages that cannot have a dollar value put to them. They include the anguish, severe pain of broken bones, wounds, loss of blood, spinal injuries, disabilities, etc. All accidents have a deep psychological effect on the victim and the family. Additionally, with serious accidents there may be disability or death, fear, anxiety or other mental trauma.

What Are the Constituents of a Pain and Suffering Claim?

Our accident attorneys can assist victims to file a strong claim for pain and suffering in addition to other damages. The pain and suffering claim is based on the extent of injury and its impact on the person/family’s life. It’s important to know that under Canadian laws, there is a cap on the limit of compensation awarded under pain and suffering.

Pain and suffering claims include compensation for:

  • Aches due to injuries suffered in the accident
  • Temporary/Permanent limitations on normal activities
  • Potential shortening of life
  • Depression
  • Scarring/Disfigurement
  • Mental suffering
  • Anguish
  • Fear
  • Anxiety
  • Loss of enjoyment of life
  • Humiliation
  • Shock
  • Severe traumas can cause loss of appetite, lack of energy, sexual dysfunction, mood swings, sleep disturbances
  • Post-Traumatic Stress Disorder (PTSD)

How Pain and Suffering May Be Calculated By The Legal System

Since no real dollar value can be put on it and each individual suffers in a different way, there are no guidelines for how much to award for pain and suffering. Juries may be instructed to use their common sense and experience while giving a verdict. There are many factors that affect a jury’s award, some of which include whether the plaintiff is credible, honest, consistent, exaggerating claims, has enough data to back the claim etc.

Additionally, the Ontario legislature and the Canadian Supreme Court have set their own parameters. Pain and suffering claims have a cap of $300,000 which is the maximum that can be awarded. This is for catastrophic accidents in which the victim has been rendered paralyzed (quadriplegic) or suffered major brain damage. Multi-million dollar awards for pain and suffering as seen in the United States are not allowed here. Hence, though there are no caps on damages for car accident victims, there are limitations put on pain and suffering claims.

How We Can Assist You

In some courts, unless the victim has died, sustained serious, permanent disfigurement or disability, or serious impairment to a psychological, physical or mental function, claims for pain and suffering may not be entertained. This is known as the “verbal threshold” and if your claim has to pass this threshold, your personal injury lawyer must be able to provide you with a free assessment of your case and explain the various heads of damages that you will be entitled to.

95 percent of  cases may not reach the trial stage and are settled out of court between the plaintiff’s legal representatives and the defendant’s insurers/representatives. Here the skill, experience and knowledge of our car accident attorneys can assist you in protecting your rights and ensuring that you get the maximum compensation.

A good option would be a structured payment arrangement, in which the victim receives lifelong periodic payments. This means they don’t have to manage a large sum of money and can receive tax-free payments. Such structured settlements if properly curated by our car accident lawyers can be adjusted for future needs, inflation etc.

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.

The Real Costs Incurred During a Lifetime of Paralysis

Statistics reveal that globally, governments and the health-care industry are unprepared for the huge rise in neurological disorders (including paralysis) projected over the next few decades. Life expectancy has been extended and aging populations all over the world are on the rise. However, most instances of paralysis are directly caused by traumatic or catastrophic accidents. This feature also means that there is a massive burden put on the legal and law enforcement systems due to the higher number of lawsuits filed for compensation.

Paralysis is almost always incurable and can even worsen over time. It creates huge challenges for the victim and for the community at large, putting a large financial and social burden on the family, employers and social circle of the paralyzed individual. 

What is Paralysis?

The inability to move one or more muscles unaided, loss of sensation and control and loss of certain bodily functions is known as paralysis. The disability is not caused by the muscles but by damage to the nerves which fail to relay the appropriate signals to the brain. There are two main types of paralysis: General and Localized.

Medical professionals may also classify paralysis in terms of the specific body parts that are affected:

  • Monoplegia: Paralysis of a single limb
  • Hemiplegia: Paralysis of an arm and leg on the same side
  • Paraplegia: Chiefly affects the lower part of the body, hips and legs
  • Quadriplegia/Tetraplegia: Inability to move upper torso, arms and legs

Causes

The symptoms of paralysis may happen abruptly in a single event or they may develop over a longer period of time. There are several causes for paralysis, including:

  • Stroke
  • Head injury
  • Spinal cord injury
  • Multiple sclerosis
  • Cancer
  • Cerebral palsy
  • Motor neuron disease

Head injury and spinal cord injuries occur due to traumatic or catastrophic accidents and these are a major cause of paralysis.

Costs of Paralysis

While calculating costs of paralysis, health-care professionals and government agencies take into account the direct and indirect costs. Most individuals are discharged from hospitals after a lengthy treatment and are released to their homes.

Direct costs are borne by both public and private sector undertakings. Government-agencies and government-run facilities may incur certain expenditures, while private individuals, families, insurance agencies, employers, etc have to bear the burden of direct costs through their out of pocket expenses too. These include:

  • Hospital care expenses
  • Staffing expenses
  • Physician and specialist expenses
  • Cost of medications
  • Physicians’ insurance plans
  • Physicians’ professional fees
  • Services rendered by hospitals
  • Long-term care expenses
  • Health-care professional expenses
  • Research expenses
  • Rehabilitation
  • Medical equipment
  • Home and vehicle modifications
  • Psychiatric care
  • Supplies
  • Taxes on all these

Estimates put the direct costs of paralysis in the range of $300,000- $1million. With yearly escalation, the lifetime costs can touch the $4 million mark. These costs are contingent on the severity of the injury and also the person’s age at the time of injury.

Typically, hospitalization involves at least 12 days in the intensive care unit, 40 days in the rehabilitation unit and depending on rate of recovery and other circumstances, the patient may have to stay for a few more weeks of physiotherapy, psychiatric counseling etc. Getting the right type of assistive technology like wheelchairs and electronics may also take more time. Many people may have to spend a life-time in a nursing home if they are severely disabled and there is no one to care for them at home.

Indirect costs:  These are often reputed to be even higher than direct costs and much less easy to calculate. They include:

  • Loss of wages
  • Loss of guidance, care and companionship given by the victim prior to the accident
  • Fringe benefits and perks
  • Loss of career
  • Productivity
  • Unemployment/under-employment
  • Pain and suffering

How We Can Assist

If your paralysis has been caused by an accident, you are entitled to statutory benefits. Additionally, if the accident was due to the fault of another person, you or your next of kin are entitled to file a suit claiming compensation under the law of torts. Our traumatic brain injury lawyers can put together a valid case for compensation that can help to ease the financial burden on the victim and the victim’s family in the years to come.

Our catastrophic injury lawyers can ensure that victim’s rights are safeguarded and that the lifetime costs of paralysis are correctly calculated to ensure that there is no suffering later on due to lack of money. Medical costs may escalate along with the patient’s deteriorating condition and these costs will also be taken into account by our no win no fee lawyers.

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.

Fatal Crashes that Involve Single Vehicles

The recent Toronto fiery crash that instantly killed upcoming rap artist Shane Redway and one of the two co-passengers left people stunned and devastated. The other co-passenger was critically injured and died later in hospital. According to news reports, it was a single-vehicle crash that occurred when the car veered off the road, hit the guard-rail and burst into flames. Apparently the driver lost control of the vehicle and investigations are still on to determine the exact cause of this horrific accident.

Single-vehicle Crashes

A single-vehicle collision or accident as the term implies is an incident that involves only one vehicle – for instance, road run-offs, crashes into obstructions on or off the road, like debris, animals etc. or they could also be roll-over crashes. Such accidents usually harm only the driver and passengers of the vehicle involved and the term is not used when pedestrians or other people are injured. They may be classified as off-road (run-off) crashes or on-road crashes.

Though single-vehicle crashes involve fewer people, they’re nearly always fatal or result in serious injuries. Apart from passenger vehicles, single-vehicle crashes could also involve trucks, pick-ups and vans too. One of the most tragic aspects of single-vehicle crashes is that most of them could have easily been prevented. These are one of the most avoidable of accidents and often have a direct cause and effect relationship with something inside or outside the vehicle.

Causes and Contributing Factors

There may be a single factor or a combination of circumstances that lead to such collisions. Among them are:

  • Condition of vehicle
  • Speeding
  • Engine Failure
  • Tire Blow-outs
  • Road conditions
  • Weather conditions
  • Unfamiliar road
  • Inadequate Signage
  • Improper Road construction
  • Impaired driving due to drugs, alcohol or prescription medication
  • Distractions: Children, co-passengers, loud music, cellphone use, texting, video, eating, drinking, grooming, talking, fixing electronics inside the vehicle etc
  • Drowsiness and lack of sleep
  • Night-time driving
  • Road-way hazards like falling debris, cargo falling off commercial vehicles
  • Curved roads
  • Rural roads
  • Action by other motorists
  • Animal crossings
  • Judgment errors
  • Driver error
  • Age of driver : Older drivers are more likely to be involved in single-vehicle crashes because their reaction time is slower, while younger ones are easily distracted.

How to Avoid Single-vehicle Crashes

Based on the common causes provided above, it’s clear that many of these accidents are preventable. However, when external causes are the reason for the crash, it’s important to investigate and find the right relationship between the crash and these external factors.

Drivers should be cautious while driving on curved roads and avoid driving during bad weather conditions unless it’s an emergency.

Avoid speeding. Ensure that the driver is in full control of his or her senses and is not under the influence of alcohol, drugs or prescription medication. If the driver suffers from sleep deprivation, depression or anxiety, it’s wiser to designate a different driver. Keep within the speed limits, especially on lonely, rural roads, curved roads etc.

Avoid all distractions, however minor.

It’s wiser to avoid the fast lane and keep speed within limits. Blind spots and on-road distractions are a danger. Another great tip from experienced drivers is to keep the hands in a comfortable 9-3 o’clock position and move as close to the wheel as possible. Stay alert for other road-users who may cause problems – they may be drifting, weaving or looking drowsy at the wheel. These drivers are the culprits in multiple pile-ups.

Modern vehicles are equipped with state of the art technological applications that can provide adequate warnings to drivers and co-passengers. Touch-activated screens can replace control knobs, voice-activated navigation, climate and entertainment features, etc can certainly focus drivers’ concentration on driving.

Compensation

If you have lost a loved one or been injured in a single-vehicle crash, you’re entitled to statutory benefits. If the accident was caused by no fault of yours, you can claim additional compensation under criminal and civil laws. It is important that you contact a reputed, experienced personal injury attorney immediately and get a thorough assessment of the circumstances of your case.

Our no win no fee lawyers can assist you with all the relevant paperwork, ensure that your claims are filed correctly and at the right time, safeguard your rights, represent you in negotiations with insurance companies and make sure that you receive the maximum compensation. A talk with our catastrophic injury attorney in case of a fatal accident that cost the life of a loved one can help you to understand your rights.

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.

Relevancy of 10-Day Notice for Municipal Liabilities

Many Ontario residents question the relevancy of the 10-day notice required for informing the Municipal on accidents related to the jurisdiction where a formal notification must be given with a response from the Municipal before accident parties could file for compensation claims. The final decision on this query would depend largely on the Ontario Courts based on the efficiency of how cases are handled by various parties.

The Municipal Act 2001

The 10-day notification to the Municipal is established in the Municipal Act 2001 where any personal injury accidents involving the Municipal in any way must be filed within the stipulated limitation period as provisional notice. After further discussion and debate, the Ontario Courts decided to uphold the current stance of this notification requirement from a review of related cases in the province.

The Court of Appeal reviewed personal injury cases where the plaintiffs did not manage to give notice of their personal injuries and claims within the 10-day period to the Municipal. The Municipal Act 2001 states in Section 44(10) that:

  • No action shall be considered by the plaintiff for recovering damages under subsection 2 unless the required 10-day written notice of the injury and claim is submitted to the Municipality.

With an exemption clause in Section 44(12) of the same Act that states:

  • A failure to give the required notice is not a bar to action depending on the Judge who may find a reasonable excuse on the insufficiency of the required 10-day notice without the Municipality being prejudiced in its defense.

Personal Injury Litigation by Experienced Legal Representatives

It is highly advisable that you should contact us as soon as possible when you encounter a legal difficulty such as this with the Municipal as identified defendant as we understand the predicament which you and your injured loved ones may have to go through. Our personal injury attorney is able to advise and represent you in and out of court proceedings to claim the required damages and compensation that would ease your financial burdens arising from the personal injury accident.

A simple slip and fall on an icy pavement that is under the jurisdiction of the Municipal could bring on subsequent serious effects such as broken bones, chronic backache pain and spinal cord injuries. The court may find certain unreasonable circumstances on the case for the plaintiff to take action after the stipulated 10-day notice but our long term disability claims lawyer would find proof of incapacitation on the plaintiff who could not serve the required 10-day notice. Hence, the plaintiff would enjoy the 10-day period when he or she is no longer incapacitated.

The Ontario Court of Appeal reviews the Municipal Act diligently to offer a liberal interpretation on “reasonable excuse” for the plaintiff to exercise a deferment on the required 10-day notification. Our skilled personal injury attorney could help you prove that you were:

  • in a highly unsteady emotional condition
  • experiencing intense physical pain and suffering caused by the incident
  • ignorant of the Municipal Act terms and conditions

Ontario Court of Appeal Proceedings

It is possible that the Ontario Court of Appeal would waive the stringent 10-day notification requirement as per the Municipal Act 2001 based on our aggressive lawyer’s legal representation skills. The Court of Appeal would consider the plaintiff’s emotional and psychological conditions in failing to give the required notice or the plaintiff’s ignorance of the notice as reasonable excuses on Section 44(12).

The Ontario Court of Appeal may investigate on the negligence of the Municipal in fulfilling its role and duty with road works and proper maintenance of its facilities around the city or town that would prevent personal injuries to pedestrians.

Many varied personal injury cases against the Municipal could be brought to the Ontario Court of Appeal or the Superior Court for the proper actions against the defendant. However, poorly advised plaintiffs stand to suffer more than pride if their personal injury case is not addressed properly through experienced and skilled accident injury lawyer services such as our legal firm. There may be an abundant of personal injury lawyers in the market but only those with an in-depth long experience on unique injury cases like ours could make a strong impact on the result for the plaintiff. Our no win no fee lawyer could present your personal injury case favorably before the Court judge in a trial to secure your rights in bypassing the stringent 10-day notification to the Municipal in any personal injury litigation against the city authority.

 

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.

Reporting the Accident Even Without Police Presence to Ensure Smooth Claim Process

Accidents are a hassle for most individuals who are involved as it means making police reports and being inconvenienced in some way. However, it will be vital to take up the right track with any accident to avoid potential repercussions in the future. Police presence is a desired option for any accident that requires a proper accident report and compensation claim in the future for repairs and medical support.

But not all accidents could bring about police presence to facilitate the report and the claim process. The involved parties must take on the responsibility themselves to ensure an official accident report to be generated even without the police.

Reasons for a No Show by Police

It is possible for the police not to turn up in an accident scene although 911 is dialed.

1) No injuries

Police may not attend to the accident case immediately if it is a low level priority, especially when no one was injured in the incident. The police would generally advise the involved parties to make a police report at the nearest police station or call in a lawyer for further legal assistance.

2) Minimal property damage

If the damage incurred in the accident is considered minimal, the police may not attend to the accident, especially if the damage is below $500.

3) Extreme weather conditions

Extreme weather such as blizzards, severe storms or earthquakes may not permit the police to be present at the accident scene. Moreover, such weather hazards may have instigated other more serious accidents or traffic situations which are of higher priority for the police to be present.

Steps in Handling the Accident without Police Presence

Responsible drivers would take the initiative to handle the accident properly and correctly in the sight of law that would enable them a smooth claim compensation process later with no query from all involved parties.

1) Reporting the accident

Responsive road users would take the initiative to report the accident, even if the police are not present. The report could still be filed at the nearest police station as a formal record of the event which would help involved parties with a smooth claim process later.

2) Filing the accident report officially

Advanced technologies allow drivers to file the accident report online instead of in person at the police station. The online facility is useful and convenient for those whose home or office is nearer than the police station. However, it is advisable to file the incident report personally and quickly within the stipulated time frame to be valid for claims. Damages above a certain amount or adverse conditions of the accident must be filed quickly.

3) Filing an accident claim

An accident claim for insurance compensation should be filed as soon as possible to kick start the process as the claim process could take some time. Drivers may be unfamiliar with the complex process with a lot of information and forms to be filed for a smooth claim that would be satisfactory.

4) Appraisal and Inspection

The insurance company would send over its appraiser upon receiving the insurance claim pertaining to the damage on the vehicle involved in the accident. The claims representative would evaluate the condition of the damaged vehicle and injured victims to gauge the severity and estimated cost of repairs and medical assistance required.

An official inspection would be conducted before an appointment is scheduled with the insurance company appraiser to settle the claim or gather more information for processing the claim.

5) Adjuster’s report

The claims adjuster has the final say to the extent and cost of damage to the vehicle before the repair works could be activated. The car owner may have to bear a portion of the repair works if the claims do not suffice.

Legal Assistance to a Smooth Claim Process

Car owners or drivers involved in an accident may be flustered with the many forms and requirements to secure the claims for damages to their vehicle or medical costs of their injuries. This is common as such consumers are not knowledgeable with the insurance claims or laws regarding road accidents and claims processes.

Our experienced law firm in Ontario is well versed with the claims process of road accidents involving all types of vehicles. We have specialized accident attorney services that focus on accident reports and claim compensations for property damage and personal injuries. Our car accident lawyer is familiar with all the claims processes and documents to ensure a satisfactory compensation towards vehicle repairs and medical compensations.

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.

7 Simple Steps in Handling a Car Accident Smoothly

Encountering a car accident is never pleasant; even the most minor car accidents could leave one and all fraught with anxiety and concern. Ontario drivers need to be well prepared for any road accident without feeling flustered. It is easy to stay level-headed and above the pressures when one is familiar with post-accident procedures.

Ontario drivers would find the 7 simple steps in handling a car accident below useful and applicable to ensure a stressful accident.

There Goes the Big/Small Bang

Once the accident occurs, drivers should stop the car and take a couple of seconds to recollect their composure before proceeding with any action. When they feel calm and collected, they should:

  1. Move their vehicle to a safer area where possible

If the driver is not seriously hurt and the vehicle is still movable, it is best to move the vehicle out of the main path of the road so that the traffic is not too adversely disrupted. If the vehicle is stalled, the hazard lights should be turned on to warn and caution other drivers of an emergency stop.

  1. Stop the vehicle and check on others

Human lives are precious commodities which should not be taken callously. All involved parties should be checked to ensure no serious hurt is inflicted from the bang-up. This could involve passengers, other drivers and even pedestrians who might be part of the accident. 911 should be called immediately to seek medical help as soon as possible for anyone who may be feeling dizzy, nauseous or pain in some part of their body.

  1. Get out of the vehicle to assess the damage

Turn off the engine and get out of the vehicle to check on the physical damage incurred. Take detailed notes on the extent of the damage to all involved cars. Try to recall events of the accident to understand the impact of the damage. Be careful of other traffic while evaluating the damage on vehicles.

  1. Call the police

All accidents, minor or major, should have the police present to view the condition and be the mediator in case of unruly responses and reactions from unsatisfied or angry parties. A full cooperation would be in order with the presence of police without unnecessary road outrage as the police handle the incident objectively.

  1. Garnering the required info

Involved drivers in an accident should take down the necessary particulars of one another to make a proper police report especially for insurance claims on repairs to their damaged vehicle. Relevant information includes:

  • Involved driver and passenger names
  • Insurance info
  • License plate numbers
  • Vehicle model and make
  • Eyewitnesses’ contact info
  • Accident location and time
  • Name and badge number of attending police officer
  1. Snap and Document

With the smartphones and advanced technologies today, drivers could take a couple of shots of the accident scene and vehicle damages of all parties which would be appropriate when making claims and repair costs. In this modern era of electronics and technologies, taking photos on the spot with a smartphone or mobile device is very common and acceptable by the insurance companies for claims.

  1. Filing for insurance claim

Progressive insurance companies have dynamic smartphone apps that allow at-the-scene photos to be upload directly to their claim system. An online claim is now possible with most advanced insurance companies for the convenience of their customers besides the toll free service numbers available to assist clients in making online claims on any road accident.

Legal Representation on Insurance Claims

There may be occasions where the insurance companies may be nasty about road accident claims which may cause great inconvenience and stress to the driver making the claim. Hence, it is wise to consult a car accident lawyer as quickly as possible to assist in the police report and claims.

If any person is injured in the accident, our accident injury lawyer is well versed with the procedures and filling in of necessary documents to file for injury compensations smoothly and effectively. Serious injuries could be attended to immediately at the best hospitals while our serious injury lawyer would attend to the necessary paperwork for admissions and claims.

Our no win no fee lawyer is skilled in negotiating with hard-to-crack insurance companies to secure the best of claims compensations following a car accident regardless of the party at fault. We are confident of procuring the optimal claims compensation for any client with our proven track record in handling accident claims.

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.

Understanding Ontario Insurance Litigation

Ontario is one of the largest provinces in Canada with stringent litigation laws and regulations to assist ordinary consumers in all matters. Its Superior Court hears thousands of cases in every category to deal with consumer issues related to the law especially where personal injury is incurred with compensation claims riding high.

Different Litigation Cases in Auto Accidents

The province has set in place clear regulations with regards to different matters that require a fair assessment of the situation between the plaintiff and the defendants as well as the prosecution. The Superior Court convenes to deliberate on how one party has been wronged lawfully to be compensated.

Auto accidents even with an ATV could be heard in a personal injury litigation lawsuit if serious injuries are incurred on the driver or passenger with or without third parties. Our reputed law firm is well established in the industry to offer professional legal services through our qualified team of personal injury lawyers especially those specializing in severe injuries from auto accidents of any kind. An accident involving an ATV could have its owner held liable for allowing the driver to operate the vehicle without consent. We have excellent accident attorney services to provide you with the right legal counsel and course of actions that would benefit you at the end of the day.

An auto accident involving electronic bikes also comes under the purview of the Ontario Superior Court where wrongful deaths and serious injuries have been incurred on innocent parties. Our skilled wrongful death lawyer is ready to file your case to establish justice for the loss of your loved ones where proper compensations could be claimed for the pain and grief borne by the family.

Handling Insurance Litigation Cases

It is crucial for you to hire experienced and skilled legal representation for the various types of auto accidents that could invoke personal injuries regardless of the degree of severity. Many of such incidents are insurance litigation cases where claims could be made against the insurance company for the desired compensation. Every type of vehicle that could be involved in an auto accident must be properly insured according to Ontario laws which would have the relevant insurance company farming out the right compensation to the plaintiff.

However, many insurance companies would try to avoid making high payments according to the policy to safeguard their own business goals. Hence, it is advisable to engage our professional and experienced injury attorney who knows the tricks insurance companies may use to avoid high accident claims. Insurance companies tend to query their liability for insurance coverage based on certain circumstances surrounding the auto accident. Without a skilled and aggressive accident injury lawyer, it would be difficult to have the insurance company acknowledge their role in releasing claims to the plaintiff who are not familiar with all the legal terms and processes; much less their legal rights in Ontario.

Litigation Process and Rulings by Superior Court

The litigation process involving an insurance company for claims is long and tedious with the insurance legal representatives proposing many different motions that would take the company off the hook in claims payment. The Superior Court judge may rely on the decision made by the Court of Appeal via precedent cases to grant favor to the insurance company’s motions if substantial evidence was presented. But our injury attorney is diligent in preparing your case to prevent the insurance company from its responsibility on claims compensation.

Many Ontario insurance litigation cases are maneuvered by previous cases’ results where the Superior Court judges would need to reconcile with the decision made by the Court of Appeal. The Court of Appeal views possession of vehicles a fluid concept which could be changed from a rightful possession to a wrong one or possession of vehicle with or without the rightful owner’s consent.

The Court judge would hear all sides and view all evidences before imposing the verdict with relations of specific sections of the relevant laws in the province such as Section 18 of O.Reg 316/03 where off-road vehicle drivers must possess valid driver’s license of category A, B, C, D, E, F, G, G2, M, or M2. The province executes the Highway Traffic Act and other Statutory laws to hear auto accident cases in its courts for a fair judgment. Insurance legal representatives are very familiar with these laws. We would offer our professional legal services to combat the strong legal motions of the insurance company to ensure a fair trial that would be favorable to the plaintiff represented.

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.

Impact of Fractured Vertebrae – A Perspective

The vertebral column (back-bone or spinal column) is an elongated system of bones that runs along our backs and its main purpose is to support and protect the spinal cord. The column of bones runs from the base of the skull to the lower back and consists of individual articulating bones called vertebrae. There are 24 vertebrae and they’re separated from each other by disks that prevent the bones from rubbing against each other while ensuring that there is smooth movement. They are also important reference points for describing and locating other parts of the body such as internal organs.

What Causes Vertebral Fracture?

The backbone being the center of mobility control in humans, anything that affects it can affect a person’s ability to move. Fracture or breaking of the bones of the spinal column is called vertebral fractures. They are caused by:

  • Conditions like osteoporosis
  • Severe trauma as in accidents or falls
  • Cancer
  • Bone infection
  • Other types of bone pathology

One of the commonly seen examples of vertebral fracture is after a severe motor vehicle accident, when the victim suffers severe impact injury. In general, the vertebral column is a tough and durable set of bones and unless there was some underlying pathology, it does not easily fracture. However, the severe impact from blunt trauma, sports injuries, gunshots, sports accidents etc can certainly cause fractures. Such strong forces can also have additional impact like severe bleeding, lesions, organ injury etc.

Types of Vertebral Fracture

There are three ways in which vertebral fractures take place:

  • Flexion
  • Rotation
  • Extension

These represent different ways in which the vertebral column moves out of its accustomed location. Additionally, the individual vertebrae may move out of their places, lose height, the ligaments supporting them may get damaged, or they may get pulled apart. The spinal column is a perfectly aligned engineering marvel that allows us to stay upright and gives us mobility and any displacement of even one of the 24 bones can result in dysfunction.

Symptoms of Vertebral Fracture

Based on the exact location of the fracture there may be subtle differences in the type of symptoms experienced. However, in general, symptoms include:

  • Severe pain in the back
  • Severe pain in thighs, hips, abdomen
  • Numbness, loss of sensation
  • Tingling, weakness
  • Incontinence – loss of control over urination and bowel movements. This usually signals that there is pressure on the spinal cord.
  • Pain while lying down is worse while standing
  • High fever
  • Neurogenic shock
  • Neural deficits (inability to move certain parts, limbs etc)
  • Spinal shock

Diagnosis

Following a traumatic or catastrophic motor vehicle accident, most victims are thoroughly examined routinely for spinal injuries. Emergency services are cautioned about moving victims carefully and extricating them properly from the debris of a collision. Otherwise, vertebral fractures are diagnosed based on:

  • Symptoms observed by physician
  • Symptoms reported by patient
  • Physical examination
  • X-rays
  • CT scans
  • MRI scans
  • Spine specialist consultation

Treatment

All types of treatment for fractured vertebrae are uncomfortable, expensive, time-consuming and take a great toll on the emotional well-being of not just the patient but also of the entire social system around them.

Emergency treatment includes surgery, implantation of plates or pins to aid positioning while healing and removal of severely damaged vertebrae

Hospital admission for prolonged period

Wearing of back brace or vest for prolonged period

Pain relief medications, ice packs, heat compresses

After the healing process has been completed

  • Exercise program under supervision of physiotherapist
  • Follow-up consultations
  • Prevention and precaution 

How We Can Assist

If you or a loved one suffers a vertebral fracture as a result of a motor vehicle accident or slip and fall injury, it’s important that you get competent legal representation as soon as the medical emergency has been taken care of. Our catastrophic injury lawyers can ensure that your rights are amply protected. Since compensation is paid out of the defendant’s insurance coverage, the insurers would definitely contest your claims and try to prove that there were pre-existing conditions that led to vertebral fracture. However, our personal injury lawyers can represent you in all negotiations and collect the required evidence to back your claims.

Victims should ensure that they preserve all medical bills, records, pharmacy bills and any other bills that are relevant to costs incurred as a result of the accident. Our car accident lawyers can collate all the required documentary/photographic evidence and get witness depositions to ensure that you get the maximum possible compensation.

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.