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Owen Sound Personal Injury Lawyers: What Is No-Fault Insurance?

Posted on November 28, 2017 by singhadmin

As an Ontario resident, you may have heard the term “no-fault insurance” and wondered what exactly it means.

These mishaps result in enormous losses and injuries of a physical, financial and emotional kind to the victims and their families.

When it comes to claiming compensation by the injured, there are two main options open to them. According to Ontario regulations, all those injured in motor-vehicle accidents are entitled to claim statutory benefits, regardless of fault. Additionally, injured victims can file a personal injury suit against the at-fault party. Both these settlements are made by the insurance-companies of all parties involved.

Statutory benefits or “no-fault insurance” is available to all those injured in the accident and there is no requirement to demonstrate whose fault or negligence caused the accident.

An experienced Owen Sound personal injury lawyer can assist you with the right information regarding these terms and the options available to you to get the maximum possible compensation for your losses.

No-Fault Insurance

Though it may seem otherwise, no-fault insurance doesn’t mean that no one was at fault in the accident that caused your injuries. All it means is that the injured person can deal with their own insurance-company to receive compensation for damage to your vehicle and to cover your expenses if you’ve been injured. It also means you don’t have to pursue the at-fault party for a settlement.

This covers all passengers who were in your vehicle at the time of the accident who have car insurance policies of their own. They can approach their own insurance-companies for no-fault benefits. If they don’t have car insurance, then your insurance company may pay out these benefits. Similarly, the driver of the other vehicle, even if he/she is at fault can claim benefits from his/her own insurance company and so also their co-passengers.

Ontario is a no fault insurance province.

Such regulations help insurance-companies to deal with claims swiftly and more economically, rather than pursue a fault claim.

However the term “no-fault” doesn’t imply that the insurance-companies will not conduct investigations into determining who was at fault in the accident.

Fault Determination

Ontario’s insurance premiums are among the highest in Canada, although the accident rates are the lowest in the country. This means that vehicle-owners pay out nearly 50% more than the average Canadian in insurance premiums.

When an accident occurs, someone is deemed to be at fault either partially or completely. According to the law, insurance-companies are mandated to assign a degree of fault to each of the drivers involved in the accident. This is done by conducting investigations, interviewing witnesses, employing experts etc to apportion the fault to the parties involved.

Even if no police charges are made in the accident, the insurance-companies will use their Fault Determination Rules under the Insurance Act and assign fault accordingly.

The result can affect your premium rate and hence, it’s important to keep a meticulous record of all that occurred in the accident in case you need to dispute the insurance-company’s findings.

Contact an experienced Owen Sound personal injury lawyer to safeguard your rights and protect your interests.

Ottawa Personal Injury Lawyers: Select The Right One

Posted on November 27, 2017 by singhadmin

If you or a dear one has been injured in a motor-vehicle accident, you would know how traumatic it can be. Though the event happens in a split second, the effects can last for a very long time, sometimes even permanently.

As experienced Ottawa personal injury lawyers, we know from dealing with numerous such cases, that accidents are rarely “accidental.” They are usually caused by someone else’s fault or negligence and it’s only a thorough investigation that can uncover the real reasons for the collision.

Innocent victims and their families are left to face the enormous physical, financial and emotional burden imposed by serious injuries caused by an accident. The losses sustained by accident victims include:

Loss of income/wages
Loss of earning-capacity
High medical and rehabilitation expenses
Emotional and physical pain and suffering

and many more, depending on the nature and extent of injury.

Ontario laws entitle injured victims in motor-vehicle accidents to apply for statutory benefits, regardless of fault. Additionally, victims can file a personal injury suit against the at-fault party whose negligence/fault caused the accident. Settlements are payable by insurance-companies.

Though many of us believe that an insurance company, especially our own, would act in good faith and make a settlement promptly, this can be far from the truth.

Insurance companies are for-profit organizations whose focus is purely on protecting their own business interests. To this end, they may dispute your claim, deny or dismiss it on technical grounds, attempt to make a meager settlement that wouldn’t cover your costs or delay matters till it becomes impossible for you to stay financially afloat.

Keeping these factors in mind, it’s important to present a settlement claim that’s water-tight in every way. Dispute settlement is achieved through negotiations and an experienced Ottawa personal injury lawyer can assist you with these procedures.

Select The Right Lawyer

Perhaps the best time to select a lawyer is when you don’t really need one! This gives you the time to thoroughly research their credentials, success-rate, types of cases handled etc.

However, if you don’t have a personal injury lawyer already, keep in mind that the wrong one can be highly inimical to your case, while the right one can provide you with the compensation you deserve.

Go about the task systematically. If you’re personally unable to do so, entrust the task to a family-member, co-worker or friend whose judgment you can rely on.

It’s also important to analyze what you want from the personal injury claim. People may need to:

Cover their present and future expenses
Create a long-term, life-plan fund
Punish the guilty party
Have their day in court
Get a swift settlement without too much delay

Keep a list of questions you want answered by potential candidates when you’re selecting an Ottawa personal injury lawyer

Select a lawyer/law-firm with the financial resources to handle your claim and help you fund expenses. They should also be prepared for both negotiations and trial based on the response of the at-fault party.

It’s wiser to select a local professional rather than one from out of town, as the local person is more familiar with court procedures, current rulings, trends etc in this jurisdiction.

Okaville Personal Injury Lawyers: Distractions Inside And Outside The Vehicle Can Cause Accidents

Posted on November 26, 2017 by singhadmin

Distracted drivers are the Number One menace on our roads today. Studies show that distracted driving has over-taken impaired driving as the biggest hazard on the road in recent times.

When we think of distractions, we tend to assume that distractions are usually outside the vehicle. These may take the form of scenery, appearance of animals, birds or natural phenomena while driving, or commotions on the road, attractive and striking bill-boards and advertisement hoardings, etc. which cause the driver to turn his or her attention away from the road.

Sudden loud noises, crowds, trying to locate a particular destination, watching out for land-marks or for someone who has promised to wait at a particular spot are other reasons why we tend to dilute our focus on the task at hand.

However there are a number of other things that can distract drivers and these may be present inside their own vehicles. Such distractions are equally dangerous because they can divert the driver’s attention away from the road, resulting in a devastating accident.

If you or a dear one has been injured in an accident caused by a distracted driver, consult an Oakville personal injury lawyer without delay. You could be entitled to compensation if it’s proved that it was the driver’s negligence that caused the accident.

Inattentive Drivers

According to the Toronto police distracted driving is indeed a huge and growing problem. A 50% rise in the number of drivers described as “inattentive” was observed over the period 2002-2012. One fifth of these collisions resulted in some level of injury, while 212 resulted in serious injuries and 12 resulted in death.

Toronto Constable Clint Stibble describes inattentive drivers as those who form a very broad category. In most of these cases, the distractions were inside the car itself. The police have seen cases where the driver was using a mobile phone, eating, grooming etc. “I’ve seen people shaving on the road. A person cuts himself while shaving, next thing you know he runs into a car. He’s inattentive,” rues Stibble.

Common reasons for driver distraction inside the vehicle include:

Mobile phone use, answering calls, texting, messaging, reaching over to look at the phone. Even hands-free sets can cause distraction
Grooming: Applying make-up, shaving, brushing teeth, adjusting the rear-view mirror to comb hair, etc
Eating and drinking
Reaching over to adjust radio controls, change CDs, lower or raise volume
Chatting with co-passengers
Turning round to check on kids in rear seat
Horsing around, taking hands off the wheel
Discarded coffee cups, drinks cartons or food trays getting caught in the foot-pedals
Pets moving around inside the vehicle
Wearing high heels

Studies have shown that even a three second distraction can cause a fatal accident. Unfortunately, the physical, financial and emotional consequences have to be borne by the injured persons and their families.

An experienced Oakville personal injury lawyer can provide assistance and advice if you have been seriously injured in an accident caused by a distracted driver.

We can conduct independent investigations, interview witnesses and experts to get testimony to back your claim and ensure that you get the settlement you deserve.

Orillia Personal Injury Lawyers: The Role of Eye-Witnesses In Motor-Vehicle Accidents

Posted on November 25, 2017 by singhadmin

Motor-Vehicle Accidents (MVA) happen like a bolt from the blue but their effects can last a long time, perhaps even for an entire life-time. Severe injuries result in people having to take time off from work to recoup their health and in many cases, the person may never be able to work again.

For most injured victims, a car collision also means heavy and unforeseen medical expenses that include extended hospitalization, expensive, complicated and long-term treatments and medication, loss of mobility and chronic pain.

One of the aspects that’s seldom taken into consideration is the emotional aspects of trauma. Post-traumatic stress is a common consequence of a devastating car crash. Fear, anxiety, phobia, sleep disturbances, mood changes, substance abuse and breakdown of relationships are all typical results of having survived a shocking event.

Are Accidents Preventable?

As our experienced Orillia personal injury lawyers know from experience, most accidents are avoidable and preventable. MVAs are almost always caused by someone’s fault or negligence. Vehicle drivers have a responsibility to share the road safely with other road-users and ensure that their co-passengers are also kept safe.

Accidents are usually caused by:

Impaired driving
Speeding
Disobeying Traffic Signals, Road Signs and Warnings
Distracted driver
Poor weather conditions
Non-maintenance or poor design of roads
Defective or malfunctioning auto parts

Whatever the reason for the collision, injured victims in Ontario are entitled to receive statutory benefits, regardless of fault, payable by their own insurer. Additionally they’re also entitled to file a personal injury suit against the at-fault party.

Witnessing A Collision

Some of us may have been in a situation where we’ve seen a collision happening at close quarters and we’ve experienced the dilemma of wondering what to do.

It’s the regulation in many countries that anyone who witnesses an automobile accident should stop and ensure that no one’s hurt and should call for help.

As a witness, you must:

Stay calm, cool and collected
If you can’t stand the sight of blood, avoid looking
Base your actions on the type of response needed
Ensure your own safety – keep your own vehicle at a safe distance, since there could be a fire or explosion, flying/broken glass, etc
If possible turn off the ignition in running vehicles to eliminate fire risk
Call the traffic/police emergency number immediately. Don’t assume that someone else may have already done so
Approach the crash site very carefully and help only if you’re capable
Never move injured persons but reassure them that help is on the way
Don’t form judgments about whose fault it was
Give a clear statement of facts and provide your contact details to the police and traffic authorities
Make a note of the time, date and location of the accident and brief notes about whatever you saw, for future reference

Oirillia personal injury lawyers who have been retained by the injured persons have to put together a strong claim proving the negligence of the at-fault party and the impact of the injuries on the victim. Eye-witness testimony can be of crucial importance in such cases.

Oshawa Personal Injury Lawyers: Speeding and Motor-Vehicle Accidents

Posted on November 24, 2017 by singhadmin

With the burgeoning of technology and design, modern motor-vehicles are intended to stretch the limits of speed and endurance. It was in the beginning of the 20th century that automobiles entered the transportation market, but they were still seen as a rich person’s toy. In 1920, Ford sold nearly a million cars and there has been no looking back since then.

Modern automobiles are a far cry from those pioneering creations. Today, concepts like safety, fuel-economy, emissions, environmental impact stand shoulder to shoulder with vehicle electronics, performance, price, durability, ease of driving, quality and use of cutting edge technology, making the modern motor-vehicle an engineering marvel.

One of the features that many drivers consider while selecting a car is the maximum speed that a vehicle can achieve. Though it’s not possible to really let the car rip in our crowded cities, vehicle owners want one that’s capable of attaining top speeds while on highways and expressways.

Transport Canada prescribes stringent safety standards for all vehicles on its roads. All vehicles made or sold in Canada have to meet the Canada Motor Vehicle Safety standards. The Motor Vehicle Safety Act regulates the safety standards of motor-vehicles and motor-vehicle components.

Motor-Vehicle Accidents

Accidents are not inevitable events. They are usually avoidable and preventable, and most often caused by someone’s fault or negligence.

Some of the common reasons for a collision are driver-behavior related, while other reasons could be the driver’s response to external factors.

The common reasons for collisions are:

Impaired driving caused by alcohol, drug or prescription medication consumption
Fatigue
Distractions including use of cellphones
Speed, racing and performing stunts on the road
Road-rage, aggression
Defective or malfunctioning automobile parts
Weather conditions
Unfamiliar or rural roads
Poorly-maintained roads
Failure to obey warning signs
Inexperienced or aged driver
Non-use of safety restraints

Whatever the reason, victims in MVAs who sustain serious injuries and their families have to shoulder the burden of medical costs, income loss, pain and suffering.

An experienced Oshawa personal injury lawyer can assess your case and provide guidance and assistance. You may be entitled to compensation.

How Does Speed Affect Safety?

Speed limits are imposed keeping in mind the general traffic conditions, nature of surroundings, the course of the road, general use of the road etc. For instance, lower speeds are recommended around school zones to protect children. Warning signs are posted at curves, elevation changes, crossings, etc to alert the driver to changes in the surroundings.

“Speed Kills” is a slogan that holds a lot of truth. Nearly 1.25 million people are killed every year in traffic accidents, with nearly 50% of these caused by over-speeding. Speeding creates a different set of problems when accidents occur, and injuries can be much more severe if the vehicle/s were traveling at very high speeds.

Very high speeds result in:

Higher impact forces
Limited time to react, maneuver, negotiate
Reduced distance between vehicles
Extended braking distance
Impaired judgment

An experienced Oshawa personal injury lawyer can provide the right assistance and advocacy if you or a dear one has been injured in an MVA.

North York Personal Injury Lawyers: When Children Are Injured In Motor-Vehicle Accidents

Posted on November 23, 2017 by singhadmin

Motor-Vehicle Accidents (MVA) are disruptive and distressing events, no matter what the damage to property and injuries to all those involved.

When children are injured or unfortunately killed in an MVA, the resultant grief and pain can be devastating to the loved ones.

The thought of a promising life being cut short prematurely, through no fault of its own, is something that will haunt parents and dear ones till the end of their lives.

If the child has been seriously injured, there could be life-altering consequences for the entire family as well. Permanent disability, paralysis, disfigurement and loss of function are consequences that have enormous physical, financial and emotional implications.

An experienced North York personal injury lawyer can provide the right guidance and information regarding filing a claim for compensation.

Injuries To Children Sustained in MVA

In a study of motor vehicle injuries it was found that among the risk factors, age is an important component in the nature and extent of injuries and also in the long-term effects and costs.

The study opines, “The association between age and motor-vehicle injury is a U-shaped curve, where young drivers and older adults are at a greater risk of fatal injury….. Motor-Vehicle collision is an important cause of childhood injury, death and disability.” In Canadian children, motor-vehicle related injuries are the leading cause of injury death.

69% of fatalities and 46% of hospitalizations in young Canadians is seen to have been caused by MVAs.

Head injuries are the most common types of injuries sustained by children, probably because the head is still the heaviest part of their bodies. Contusion, concussion, brain and spinal damage, severance of spinal cord, skull fracture etc are common. Some injuries may cause bleeding into the brain.

Internal organ damage, facial and dental injuries, rib-cage fracture, amputation are other serious injuries sustained by children.

Blunt trauma, impact trauma and crush injuries are caused when the child’s body collides with the hard interiors of the vehicle.

Fractures, cuts, traumatic brain injury, internal organ damage, uncontrollable bleeding etc can occur if the child is thrown out of the vehicle.

Injuries are most commonly found in the upper body areas in children. Thoracic and abdominal trauma with internal bleeding may not present immediate symptoms in small children hence it’s important to remain vigilant after your child has been involved in an MVA.

Apart from these, the severe psychological and emotional trauma that children sustain following an MVA can be devastating. Fear, anxiety, panic attacks, sleep disturbances, bed-wetting, phobias, behavior and mood changes, aggression, withdrawal, etc have to be addressed immediately to avoid harming of the child’s psychological well-being.

Children who suffer permanent disability can face a life-time of social and emotional rejection, discrimination and challenges.

Issues Regarding Claims

There are several complex medical, legal and insurance issues involved in making a claim for injuries to children. Ontario laws require a litigation guardian to be appointed and all settlements have to focus on the child’s interests. Court approval is mandatory for settlement claims.

North York personal injury lawyers can help you to get the best pediatric care and ensure that your child’s rights are fully safeguarded.

North Bay Personal Injury Lawyers: The Role Of Personal Injury Lawyers in Claiming Settlement

Posted on November 22, 2017 by singhadmin

Auto accidents can be disruptive, whatever the nature and extent of damage and injuries. However, when such accidents cause serious or life-altering injuries, the situation becomes extremely difficult for not just the injured person, but often for the entire family.

Injured victims and their families face huge pressures as the physical, financial and emotional problems connected with the accident begin to mount. Being hospitalized or undergoing treatment means time out from work and loss of wages. Medical expenditure can spin out of control, while the stresses and strains of all these problems can lead to anxiety, panic attacks, depression, breakdown of relationships etc.

All injured victims of motor-vehicle accidents (MVA) are entitled under Ontario’s Insurance Act to avail of statutory benefits regardless of fault. Additionally, victims can also sue the at-fault party for compensation if the accident was caused by their fault or negligence.

These aspects are best handled by an experienced North Bay personal injury lawyer who has dealt successfully with such cases before.

The Changing Face Of The Legal Profession

The entire face of the legal profession has changed over the past few decades. Today, there are mega-sized global firms with a presence in every continent on earth, highly-skilled and trained super-star lawyers whose mere presence is enough for insurance-companies to buckle under. The use of the latest technology, digital tools and investigative methods, and a more contemporary structure and management-based organization have led to huge innovations in the way things work in the legal profession.

However, the primary focus of personal injury law remains steadfast and protecting the rights and interests of clients remains top priority.

Top ranking law firms can showcase a wide range of expertise in almost every area of law. This is another important trend in law – moving away from generalist to specialization. As with other fields, lawyers also gain knowledge, experience and expertise in specific areas of the legal profession. Hence, under the civil or tort law umbrella, personal injury lawyers further specialize in areas like MVA, slip and fall, animal attack, dog-bite, medical malpractice, defective product, truck accident, amusement park accident, cruise-ship accident, premises liability, host liability etc.

However, there are many firms which retain their one-on-one relationships with clients, stay local and cater to the neighboring communities and have a connection with local events, courts and the local bar associations.

What Is The Personal Injury Lawyer’s Role?

Insurance companies which have to make the settlement payouts may not act in good faith. They can deny/dismiss/dispute your claim, minimize the nature and extent of your injuries and/or their client’s negligence/liability.

Experienced North Bay personal injury lawyers can:

Provide a genuine, swift, comprehensive evaluation of your case and advise you on its merits
Help you access the best medical care
Help fund your expenses
Defer fees until a successful outcome is achieved
Handle the complex medical, legal and insurance issues involved
Complete the paperwork accurately and in time
Conduct independent investigations to assemble a robust claim
Assemble a range of evidence
Conduct negotiations with at-fault parties/insurers/legal representatives
Protect your rights
Take the case to trial if talks break down

Help you get the compensation you deserve

Motor-Vehicle Accidents: Avoid Becoming A Second-Time Victim!

Posted on November 21, 2017 by singhadmin

Car accidents and motor-vehicle collisions happen in a split second, but their effects can last for an entire life-time!

Injuries sustained in such mishaps may range from simple, minor cuts, sprains, bruises etc to catastrophic, life-altering and life-threatening injuries.

Some injuries may appear minor initially but could turn out to be more serious after a passage of time. There are cases where people have walked away from a devastating car accident, seemingly unscathed, only to collapse and die a few hours later! Internal bleeding or organ damage may not be apparent immediately. The body’s “fight or flight” response is triggered in a stress-inducing situation, with the release of endorphins, adrenaline and other hormones that can mask pain.

Victims who have existing health issues may find that these conditions can worsen following an accident.

Whatever the nature and extent of injury, or however minor you may assume it to be, it’s vital that all accident victims get medical attention immediately.

Once this has been adequately addressed, it’s time to consider the physical, financial and emotional consequences of the accident. The injured victim and his/her family may find themselves in a quagmire due to:

Lost wages, income or income-earning capacity
High medical and rehabilitation expenditure
Continuing hospitalization, treatment and therapies
Pain and suffering

Contact an experienced Milton personal injury lawyer who can evaluate the circumstances in your case and help you claim compensation if your accident was caused by someone else’s fault or negligence.

Seeking Compensation

Though money can hardly replace everything that you’ve lost due to injuries sustained in an accident, a monetary settlement certainly helps to restore a degree of normalcy in your life, reimburse you for the expenses incurred and it makes life a little more comfortable for yourself and your family.

Most of us assume that we are financially protected due to the insurance coverage we have. To this end, we diligently pay our premiums, whatever the sacrifices we have to make. Incidentally, Ontario has the highest insurance premium rates in the country although it has the lowest number of accidents and fatalities.

However, when we make a claim we may find that insurance companies, even our own, may not always act in good faith. Being for-profit organizations, their primary focus would be to safeguard their business interests. Hence, you could be in for a long-drawn-out process. The insurer may deny, dismiss or dispute your claim, offer a meager settlement or adopt delaying tactics etc which will not work in your best interest.

Avoid Becoming A Victim Again!

An experienced Milton personal injury lawyer works for your rights. We ensure that your interests are kept uppermost while dealing with insurance-companies and at-fault parties. Ontario laws provide statutory benefits for all those injured in motor-vehicle accidents regardless of fault. This is payable by your own insurance-company. Additionally, you’re also entitled to file a claim for compensation against those responsible for the accident.

We also conduct independent investigations to enable you to present a robust claim during negotiations or at trial if the situation so requires.

Mississauga Personal Injury Lawyers: Is Your Insurance Company Your Friend In Need?

Posted on November 20, 2017 by singhadmin

Serious injuries sustained in auto accidents may require hospitalization, surgery and extended rehabilitation. They result in restricted mobility, loss of income/wages/earning-capacity, the need for an attendant or caregivers, etc. Coupled with this, medical expenses may spiral out of control, while creating immense emotional stress for all concerned.

Often, we take refuge in consoling ourselves that the only silver lining in this cloud is the fact that we have insurance coverage. We believe that our medical expenses will be reimbursed, while we get the appropriate compensation for income-loss.

To this end, we pay our premiums diligently, even though the average auto insurance premiums in Ontario are the highest in Canada. The province’s insurance rates are almost 55% higher than those in other jurisdictions.

Yet, when it comes to the crunch, we could find that our insurance company fails to rise to the occasion.

Accidents are caused by someone’s fault or negligence. Injured victims are entitled to seek compensation from those responsible for the accident. Injured Motor-Vehicle accident (MVA) victims in Ontario are also entitled to receive statutory benefits regardless of fault.

These settlements are payable by either the at-fault party’s insurer, or by your own.

Settling With Insurance Companies

Being for-profit organizations, insurance companies are primarily focused on protecting their own business interests. They may adopt a variety of tactics to avoid making a settlement payout. Technical grounds, delaying tactics, disputing facts presented by you, compelling you to admit that the accident could have been partly caused by you, etc are ways in which claims are denied/disputed and settlements minimized/refused.

Following an accident, insurance companies may record your conversation when they ask a series of questions. You are not compelled to answer them without the advice of an experienced Mississauga personal injury lawyer‘s advice.

We assume that we are being honest and co-operative, but inadvertent statements, admissions, ambiguity, slight misrepresentation of facts etc may hurt your claim.

Although personal injury suits are governed by filing deadlines and statute of limitations, there is no hurry to settle with insurers until the full nature and extent of your injuries is known and the financial implications are understood.

You may not be aware that the insurance-company’s negotiators and claims-adjusters are lawyers themselves. Handling negotiations by yourself can be challenging.

Insurance-companies often hold back information from victims – for instance, that you’re entitled to a rental car while yours is being repaired, that if you agree to a meager settlement in return for getting your car fixed, you could end up losing a packet on your medical bills, etc.

All your medical bills may not be reimbursed. Insurers use “reasonable and customary” standards to compare your bills to those charged by similar doctors. Hence, your bills may be refused, citing these standards or that the treatments were unnecessary.

There may be time-limits for treatments that you’re unaware of, and insurers may get you to sign documents that release access to your prior medical and employment records.

Insurers may discourage you from consulting a lawyer, but ultimately, experienced and knowledgeable Mississauga personal injury lawyers who deal with such cases regularly, work on your side to protect your rights and interests.

Injured In A Hotel Or Resort? London Personal Injury Lawyers Can Help

Posted on November 19, 2017 by singhadmin

Vacations are a great way to see other parts of the country or the world. Staying in a plush hotel or resort gives you and your family a much needed break from drudgery and daily chores. It can be a fun time, but your dream holiday can soon turn into a nightmare trip if you injure yourself seriously.

A slip and fall accident in the bathroom, corridor, bedroom or restaurant could immobilize you for the rest of your stay, leaving you and your friends/family miserable.

Additionally, if you’re in a new place, where you’re not familiar with the medical facilities available, it can be expensive and stressful to get yourself treated.

We usually take all possible precautions to stay safe while traveling, but accidents can and do happen. They’re usually the result of someone’s fault or negligence.

Consult a London personal injury lawyer who has the experience and expertise in dealing with similar cases. They can give you the right information, assistance and advice. If you’re far from home, they can also give you guidance on how to deal with such problems.

Common Hotel Injuries

Hotels and resorts are places of entertainment and designed to ensure that you relax and have a good time. Along with this, keeping you safe should be a top priority.

Common injuries sustained in resorts and hotels include slip and fall injuries at the pool-side. Here wet, slippery floors, damaged tiles, lack of hand-rails, unmarked elevation changes etc can cause you to lose your balance.

Accidents in hotel or resort corridors can occur when the carpeting is bumpy, torn, uneven or frayed. Poor lighting in corridors can also cause you to slip, while cleaning tools and products, clutter food trays outside rooms, repair works, loose wires and cables etc are other hazards.

Inside your room, loose and unanchored rugs, mats or runners, dangling curtain-cords, dim lighting, poorly-placed furniture, hanging draperies and bed-linen, torn carpeting, puddles under air-conditioners etc may be the reason to cause a nasty fall.

Toddlers, pregnant women and senior citizens are specially at risk, since a fall can cause serious and lasting damage.

Occupiers’ Liability

In Ontario, property owners have a duty of care to keep their premises safe for all those who work or visit there.

If you have sustained serious injuries on hotel or resort property, it’s important to get immediate medical help and follow the prescribed treatment and medications scrupulously.

Report and document the accident and get a written acknowledgment from someone in authority.

Take photographs on your mobile phone of the location, reasons for the accident and also of your injuries if possible.

Ensure that you contact an experienced London personal injury lawyer immediately.

Get the contact details of witnesses if any.

Never sign any waivers or disclaimers, documents that admit that you yourself may have been responsible for the accident, give signed submissions, admissions or permission to access confidential medical information.

It’s also important not to enter into any settlement negotiations with the hotel management or accept monetary compensation from them without your lawyer’s knowledge.

Avoid posting anything regarding your health status or the accident on social media.

Kingston Personal Injury Lawyers: Shoulder Pain After Slip and Fall Accident

Posted on November 18, 2017 by singhadmin

Our shoulders literally “shoulder” a lot of work in our daily life. Whether it’s lifting, pushing, exercising, dancing, walking or engaging in sports, the shoulders are a vital aspect in helping us perform a wide range of activities.

Being the most mobile joint in the body, it is extremely flexible and has a wide range of motion. Along with this, it is also not a very stable structure and can easily be dislocated or injured.

Slip or trip and fall accidents are a common reason for shoulder injuries. Unfortunately, accidents aren’t always chance events. They are caused by someone’s fault or negligence.

A seriously injured victim and his/her family face physical, financial and emotional issues when accidents occur. This is because the injured person requires medical care and rehabilitation, during which time he/she is unable to work. Loss of income/wages would put a strain on their finances, while the mounting cost of medical expenses causes mental and emotional strain. There may be severe pain and suffering that the victim has to undergo till the joint is completely healed.

If you or a loved one has suffered such injuries as a result of another’s negligence, talk to a Kingston personal injury lawyer without delay. You may be entitled to compensation.

Shoulder Joint Facts

There are two main bones that make up the shoulder – the upper arm bone and the shoulder blade. The end of the arm bone is shaped like a ball and it fits into a socket in the shoulder blade. A bunch of muscles, nerves and ligaments surround this joint, with tendons connecting muscle to bone.

Based on the type of fall, location, your body weight, how the fall impacted your body and whether you attempted to prevent the impact etc are aspects which determine the nature and extent of injury.

Dislocated shoulder is a very common result of a fall. Sprains, shoulder separation, ligament tear, rotator-cuff tear, nerve injury, fractures, pulled muscles, frozen shoulder etc are some of the results of a slip and fall accident. Falling on your outstretched arm can cause severe ligament tears.

Getting immediate medical help to alleviate pain and to start treatment is of vital importance. The symptoms of shoulder injury can last for a very long time. They affect your mobility and restrict your normal routine. This means you may not be able to resume your accustomed work or play habits until complete healing has taken place.

Treatment

Rest, ice-packs, muscle relaxants, use of a sling, medications for pain relief, keeping the area elevated etc are some of the home-care aspects of dealing with shoulder pain.

However, it’s important to get professional medical help immediately. A primary health-care professional like a general physician, family-medicine specialist etc can help diagnose the problem. Based on the severity you may need further assistance from an orthopedic specialist or surgeon. Later you may need physiotherapy etc to complete the treatment.

An experienced Kingston personal injury lawyer can help you get the right treatment and ensure that your rights are protected during the compensation process.

Hamilton Personal Injury Lawyers: Falls From An Elevation Can Be Disastrous!

Posted on November 17, 2017 by singhadmin

Falling from a height, however small, can result in various types of injuries, ranging from a minor bruise or sprain, to serious traumatic brain injury, spine and neck injuries, facial and dental damage, disability, fractures or even death.

Such falls are more common than we think. With so many scenic locations to visit around the country, it’s no wonder that Canada is a dream destination for tourists from around the world. Many of these accidents happen at or around locations of natural and scenic beauty, like waterfalls, ravines, mountain-trails etc. A number of them also take place at high-rise buildings, skyscrapers, towers, condominiums, apartment blocks, etc.

Work-places also present potential safety hazards. Construction sites are filled with areas that require people to work at different heights, on uneven terrain, etc.

Public places like parks have play-equipment, steps, different elevations for flower and plant display, while malls and shopping areas have large concentric floors built around a courtyard. Escalators and elevators are facilities where people can sustain falls from heights.

Added to the height, if the elevated location is also uneven, wet or greasy, this compounds the severity of the fall.

If you or a dear one has sustained injuries due to a slip and fall from an elevated location, it’s important to get immediate medical attention. Consult an experienced Hamilton personal injury lawyer without delay. You may be entitled to compensation.

Typical Injuries

Injuries due to falling from a height are caused by the body’s absorption of the severe impact. Paradoxically, not all such falls result in severe injuries. The nature and extent of injury depends on area of impact, height from which the person fell, landing ground, age, general health etc.

Common injuries sustained include:

Skeletal injuries to extremities and limbs
Spine and neck injuries, especially lumbar spine injuries
Traumatic brain injuries and head injuries (very common in children)
Thoracic injuries like rib fracture and lung contusion, cardiac rupture in very high falls
Internal organ damage
Severe facial and dental damage
Aggravation of pre-existing conditions
Disability, disfigurement
Death

If the person was atop a temporary structure, it can collapse on top of them when they fall, leading to even more severe trauma.

Seeking Compensation

Slip and fall injuries result in various types of injuries. Falling from a height is generally more traumatic than slipping and falling on level ground. Such accidents put a severe physical, financial and mental strain on the victims and their families.

Loss of income, wages or wage-earning capacity
Medical and rehabilitation expenditure
Pain and suffering

In the case of death, loss of guidance and companionship, lost income, funeral and hospitalization expenses etc can be claimed. For injured persons who suffer long-term or permanent disability, a life plan has to be made to ensure that they and their families retain some level of security and comfort in spite of the devastating injury.

Accidents are usually caused by someone’s fault or negligence. Slip and fall accidents may be the direct or indirect result of such a situation.

The fault is to be proven and liability established, in order to receive compensation and an experienced Hamilton personal injury lawyer can assist you with this.

Slip and Fall Accidents: Cellphones – Boon or Bane?

Posted on November 16, 2017 by singhadmin

Using Tech? Watch Your Step!

It’s a common sight these days to see people on their mobile phones while walking, driving, exercising, in restaurants and entertainment spots or commuting. The cellphone has become an inextricable part of our lives.

But it’s also a huge source of distraction, as a study conducted in Florida State University reveals. “Our results suggest that mobile phones can disrupt attention performance even if one does not interact with the device,” opine the authors of the study. This means that the mere presence of the phone can create a space in the mind for it and become a source of distraction.

Talking or texting while walking can be hazardous, leading to accidents of all types, including slip and fall accidents. This coupled with a badly-maintained area can spell disaster.

Accidents aren’t always accidental. They’re the result of someone’s fault or negligence and the injured have a right to seek compensation if their accident was caused by another person’s negligence or breaching of safety norms.

An experienced Etobicoke personal injury lawyer can evaluate your case and provide the right kind of advice and assistance on seeking compensation.

Cellphones: A Source of Distraction

Non-stop connectivity has become quite the norm and technology has kept pace with this. Smart-phones, wearable devices, mobile connectivity etc are some of the aspects that contribute to this new phenomenon.

We tend to underestimate the distraction factor in the use of phones while walking. In fact, many studies have shown that this can be a comprehensive form of distraction that involves manual, visual and cognitive inattention to the main task which is walking. Younger males, especially in higher income groups tend to discount the distraction value of cellphones much more.

Being distracted can be hazardous while walking outdoors and inside the house/work-place too. We may not be vigilant enough to notice slippery floors, wet surfaces, broken or damaged flooring, etc and could stumble over clutter or construction debris, loose wires and cables.

Plus Points Of Cellphones

On the other hand, if you weren’t distracted by the use of your phone, but unfortunately had a slip and fall accident, the cellphone can be quite an invaluable aid.

Proving fault and establishing liability in slip and fall accidents can be quite challenging when the compensation aspect comes in. These cases can be mired in complex medical, legal and insurance issues and evidence is the cornerstone of a successful outcome.

Cellphones are the perfect tool to take photographs of the location and conditions that caused your accident. This is crucial, because by the time your case comes to trial or negotiation, the conditions could have been changed deliberately by the at-fault party.

You can also click pictures of your injuries, take down details like names, addresses and phone numbers of witnesses. Since these pictures have a date and time stamp, it makes them important pieces of evidence. You can record the report that you made to someone in authority about the accident.

More than anything, your cellphone comes in handy while calling for help if you’re injured and it also helps you to get in touch with an experienced Etobicoke personal injury lawyer who can ensure that your rights are safeguarded from the word go.

Guelph Personal Injury Lawyers: Protecting Your Rights In Slip And Fall Accident Cases

Posted on November 15, 2017 by singhadmin

People tend to automatically blame themselves when they slip or trip and fall. The overwhelming emotion is embarrassment as they recall the number of times they themselves may have enjoyed the classic slipping-on-a-banana-peel comic situation in a movie! However, slip and fall accidents are far from a joke.

They can cause a variety of injuries ranging from simple bruises, cuts or sprains to serious, life-altering, life-threatening injuries. These injuries can have a significant physical, financial and emotional impact on the life of not just the injured person, but also on the family as well.

If the injured person is the sole income-earner or was contributing to the family income, long-term hospitalization can affect the person’s income and wages or even their wage-earning capacity. High medical and rehabilitation expenses, coupled with the depression, anxiety, pain and suffering undergone, can create a truly disastrous situation.

In Ontario, it is the duty of property owners under the Occupiers’ Liability Act to ensure that all those who visit their premises are assured of being reasonably safe. When accidents occur, they may have been caused by the owner’s fault or negligence. Hence, if you or a dear one has sustained injuries in a slip and fall accident, you are entitled to seek compensation from those responsible for the maintenance of the property.

A Guelph personal injury lawyer with experience and expertise in handling such cases is best suited to provide the right type of information and assistance.

Common Reasons For Slipping or Tripping

These accidents are extremely common. Any obstruction in your path or a mis-step can cause you to lose your balance. The injuries sustained depend on age, general health condition, pre-existing illness or medical issues, location, your weight, etc.

Among the most common reasons for slip and fall accidents are:

Wet, slippery floors
Freshly-polished or cleaned floors
Loose carpeting, unanchored rugs, mats
Grease or liquid spills
Unmarked elevation changes
Poor lighting
Water pooled under air-conditioners
Uncleared snow or ice
Pot-holes
Clutter or debris
Loose wires, cables

Protect Your Interests

As Guelph personal injury lawyers advise, it’s important to seek immediate medical attention following a slip and fall, no matter how minor you consider your injuries to be. Some conditions turn out to be more serious after a time lapse, and they don’t have any initial symptoms. The fall can also worsen existing illnesses or conditions.

Reporting the accident without delay is also crucial.

These factors ensure that your injury has been documented and that it is serious enough to warrant treatment. Seeking compensation in such accidents is governed by stringent time-frames and missing a deadline can result in relinquishing your right to sue.

Often, the home or property owner may request you to sign certain documents after the accident. They may also offer an immediate one-time settlement in return for your signature. However, you may soon discover that this was inadequate to cover your costs.

Never communicate with at-fault parties or their representatives without your lawyer’s knowledge, sign permissions, give access to private information.

Avoid posting on social media, as insurers keep a sharp look-out for tell-tale signs of any contradiction in your claims.

Durham Personal Injury Lawyers: Is Chiropractic Care Beneficial in the Case of Slip and Fall Accident Injuries?

Posted on November 14, 2017 by singhadmin

One of the leading causes of hospitalizations in Canada is slip and fall related injuries. Slip and fall accidents can occur anywhere, at any time and to anyone. The variety of injuries can range from simple cuts, bruises, sprains, perhaps a broken tooth or a fractured arm to serious, life-altering, traumatic brain injury, paralysis, severe hip or skull fractures, dental and facial damage or even death.

According to Ontario laws, property owners have a responsibility to take reasonable care that all those who visit the premises are kept reasonably safe. This means that anyone who has responsibility for and control over the condition of the premises and the activities that go on there, or has control over the persons allowed to enter the property has a duty to ensure safety.

Accidents are caused by someone’s fault, negligence or failure to follow safety norms. Injured victims can file a personal injury suit with the help of an experienced Durham personal injury lawyer, against the at-fault owner of the property and claim compensation for the losses/damage suffered by them as a result of the accident.

It’s important to get the right medical treatment without delay. In most cases, the injuries are obvious, with acute and instant symptoms of pain and damage. However in some cases, the symptoms are delayed and the problems may make themselves felt only after a time lapse. The cost of medical treatment and rehabilitation, possible loss of income/wages and the ongoing pain and suffering have to be borne by the injured person. The compensation amount is intended to compensate them for this loss.

Types of Treatment For Slip And Fall Injuries

The age and general health of the person, the location, type of fall etc can all affect the nature and extent of slip and fall accident related injuries.

Senior citizens and pregnant women are a high-risk population as such accidents can have a long-term effect.

The treatment provided depends on the above factors and can vary from simple topical applications and over the counter pain relievers to surgery, long-term rehabilitation and physiotherapy. Many injuries heal with prolonged periods of rest.

Chiropractic Treatment

According to studies conducted by Dr Mary Lynch formerly of the Canadian Pain Society, one in five Canadians suffers from chronic pain. Much of this is caused by accident related injuries which not only damage soft tissue, bones, nerves, ligaments etc but they may also aggravate pre-existing conditions, illnesses or old injuries. Hence, it’s important to get yourself medically evaluated if you ever sustain a slip and fall accident.

Chronic pain is best managed with non-invasive, long-term treatments. Chiropractic treatments focus on the diagnosis and treatment of neuromuscular disorders, emphasizing manual treatments, manipulations and adjustments of the spine. Chirpractic practitioners help to:

Reduce and manage pain
Increase mobility and functionality
Educate and inform patients on pain concepts
Use long-term approaches like exercise, ergonomics, yoga etc to manage pain

Since the treatments are non-surgical, drug-free and adopt a co-operative effort to provide relief for patients suffering from pain.

Contact an experienced Durham personal injury lawyer without delay for assistance with seeking compensation for slip and fall accident related injuries.

Cornwall Personal Injury Lawyers: Slip And Fall Accidents In Malls

Posted on November 13, 2017 by singhadmin

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

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

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

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

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

Slip and Fall Injury Facts and Information

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

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

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

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

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

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

Chatham-Kent Personal Injury Lawyers: Slip and Fall Caused By No Wet Floor Sign?

Posted on November 12, 2017 by singhadmin

When we slip and fall on a slippery or wet floor, the overwhelming emotion is embarrassment! The classic slipping-on-a-banana-peel fall is a slapstick comedy staple. However, for the person who slips and falls, it’s no laughing matter.

Slip and fall or trip and fall accidents can cause injuries ranging from minor cuts, bruises and sprains to serious and life-threatening long-term or permanent damage. There are also huge physical, financial and emotional consequences to such injuries that the entire family of the victim may also have to bear.

No Wet Floor Sign?

Slipping on wet floors can be extremely hazardous for anyone, but if the victim is elderly or is a pregnant woman, the results can be traumatic. Inside the home, family-members are generally familiar with the house-cleaning routines and may also warn each other about liquid spills. However, guests may not be so warned and they are at risk. In retail and public spaces, the management is entirely responsible for installing the requisite signs to warn people about wet floors.

Closing off entrances to areas that are being wet cleaned is a good idea, along with providing a sign that says “Cleaning In Progress” etc. Another option in areas like corridors or inside washrooms is to provide a bright and large sign that says “Caution Wet Floor.” In countries like Canada, it may be necessary to have multiple languages on such signs to ensure that they are properly understood.

According to Ontario’s Occupier’s Liability Act premises owners have to take a reasonable amount of care to ensure that all visitors to their property are kept safe. This means regular maintenance, inspection and vigilance. Putting in the right systems when cleaning or construction work takes place is also their responsibility.

Safe practices include:

Cleaning liquid spills immediately
Regular cleaning routine with the right products at a specified time
Ensuring that debris is cleared
Ensuring that cleaning products and tools are cleared immediately after use
Providing appropriately placed signs warning of the risk
Ensuring appropriate drainage in wet-cleaning areas
Checking on the effectiveness of guard-rails on mezzanines and balconies

There are strict time-frames for filing a personal injury compensation claim and if you miss the deadline, you could lose your right to sue. The accident must be reported immediately to someone in authority and an acknowledgment has to be taken from them.

Consult a doctor immediately if you or a dear one has sustained a slip and fall injuries. You may assume that you’re unhurt or that your injuries are minor. However, many minor injuries may turn out to be serious after a time-lapse. If you haven’t consulted a doctor immediately, it can be difficult to prove the connection between the accident and your injuries.

Unfortunately, most “accidents” are preventable and avoidable. They are caused by someone’s fault or negligence. The injured have a right to seek compensation from those responsible for the dangerous conditions that were created by such negligence.

An experienced Chatham-Kent personal injury lawyer can provide a swift and genuine appraisal of your claim and advise you on the merits of your claim.

Avoid Nasty Slip and Fall Accidents: Keep Your Premises Safe with Absorbent Runners

Posted on November 11, 2017 by singhadmin

Slide and Slip: A Hospital Trip!

Slip or Trip and fall accidents happen out of the blue but their effects can last for a very long time. These nasty mishaps occur anywhere and at any time to anyone, resulting in a variety of injuries, ranging from minor sprains, bruises and cuts to serious fractures, traumatic brain injuries, head and neck injuries, facial and dental damage and in extreme cases to permanent disability or even death.

Serious injuries have a lasting impact on the physical, financial and emotional well-being of not just the injured person but also of the family. If the victim contributed to the family income or was the sole income-earner, the family’s finances take a huge impact. This coupled with the emotional trauma, shock, confusion and anxiety and the cost of medical and rehabilitation care makes life difficult indeed.

Property owners have a duty of care to ensure that all those who visit their premises are assured of reasonable safety. If you or a dear one has been injured in a slip and fall accident, contact the nearest Burlington personal injury lawyer. You may be entitled to compensation.

Stay Safe!

In general, slip/trip and fall accidents are caused by:

wet greasy floors
liquid spills
freshly-polished or mopped floors
lack of warning signs
unanchored rugs, carpets
badly-maintained grounds, floors
poor lighting
missing broken insufficient hand-rails
broken steps or stairwells
damaged tiles
pot-holes
unmarked elevation changes
debris clutter

Property owners need to have a regular inspection-maintenance-repair-replace schedule to keep their premises safe. Burlington personal injury lawyers can evaluate your case and help you with the right information, advice and assistance.

Absorbent Runners

Today, there are many products that help home-owners, work-place and retail space management and public property owners to keep their premises as safe as possible. PVC fiber material absorbent runners can absorb large quantities of liquid and keep the area dry and safe for walking.

These products are great to use around pool areas, shower/locker rooms, factory floors, kitchens, in boats, around the bath-tub etc. These runners are also anti-slip and can help prevent accidents even on hard flooring. Some of them are manufactured using the latest micro-fiber technologies, and can soak up huge quantities of liquid. Some are specially designed to soak up oil spills, chemicals and grease. They also dry in double-quick time, are durable and easily machine-washed.

During winters, you can place them over your regular carpeting so that people trooping in with muddy shoes and boots don’t ruin your expensive floor-coverings.

Establishing Liability

Such accidents are usually caused by someone’s fault/negligence/breaching of safety norms. However, establishing these aspects can be challenging without presentation of robust evidence that fixes responsibility and proves negligence.

When you suffer injuries in a slip and fall accident, it’s important to report and document it immediately. Seek medical attention without delay, however minor you assume your injuries to be.

An experienced Burlington personal injury lawyer can help you to put together a compelling compensation claim, backed by strong proof and evidence.

Cruise Ship Slip and Fall Accidents: Cambridge Personal Injury Lawyers Can Advise You

Posted on November 10, 2017 by singhadmin

Holiday Horror: Slip and Fall Accidents!

The worst thing that can happen on vacation is a slip or trip and fall accident. When it happens on board a cruise ship, that’s even more complicated as there are several medical, legal and insurance issues involved.

Apart from the sheer frustration and depression of becoming immobilized while on a long-planned break, injured victims also experience enormous physical, financial and emotional consequences.

These accidents are more common than we think on board cruise-ships and other sea-faring vessels. Slippery decks, narrow stairs, rolling movements of the ship, pool-side accidents, inadequate lighting, lack of warning signs or missing hand-rails etc can be the causes of serious accidents.

Additionally, cruise-ships are often the favored holiday modes for senior citizens. Falls can result in permanent immobility which often proves fatal for this age group.

The owners of the cruise-ship have a responsibility to ensure that passengers and guests are kept safe. Most accidents are caused by someone’s fault or negligence.

The injured are entitled to seek compensation to cover:

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

Additionally, they can also seek compensation for the expenses involved in employing a care-giver or attendant, modifications to home/work-place, loss of quality of life, etc if they are eligible to do so.

Monetary compensation can be sought from the at-fault party. An experienced

Cruise Ship Slip and Fall Accidents: Cambridge Personal Injury Lawyers Can Advise You

can assist you with the process of approaching the insurance company of the at-fault party and/or filing a personal injury suit against them.

Causes of Cruise-ship Slip And Fall Accidents

The main reason why so many falls occur on cruise-ships is because the ship itself is not on solid ground and is subject to the rise and fall of waves, rolling motions of the ship, weather conditions etc. Maintaining balance even on calm waters can be challenging even for experienced sea travelers. Sudden changes in the ship’s stability and tilt can cause unwary passengers and crew to lose their balance and fall.

Common causes include:

Rolling or tilting of ship
Bad weather conditions
Loose or improperly secured cargo and furniture
Poor lighting
Lack of reflective tape or markings
Crowded stairwells and steps
Slippery decks and poolsides
Falling overboard after slipping on unstable surface or due to missing/broken hand-rails
Freshly-polished/mopped floors
Damaged/unanchored carpeting
Cleaning products/equipment left unattended
Food trays or luggage left in corridors
Food and drink spillage in restaurant or bar areas
Defective gym equipment

Apart from these accidents on board the cruise-ship, the management is also responsible for accidents that occur on tender vessels that ferry passengers to and fro, or while passengers go on shore for excursions conducted by the cruise line, as well as injuries sustained in such accidents inside their cabins and in gangways.

Seeking Compensation

Information regarding liability is available at the rear portion of the ticket issued by the cruise-ship management/owner. Negligence has to be proved in such cases and this means that compelling evidence of it must be provided along with your claim. Cambridge personal injury lawyers with specific experience and expertise in handling such cases can give the right information and assistance.

Slip And Fall Accidents On Municipal Property: Brampton Personal Injury Lawyers Can Advise You!

Posted on November 9, 2017 by singhadmin

Slipping or tripping and falling can cause a range of injuries, from minor bruises, cuts and sprains to serious and life-threatening ones that affect your mobility, quality of life, emotional and financial well-being and income-earning capacity.

These accidents are one of the leading causes of ER visits and hospitalization across Canada and many of those who suffer catastrophic injuries may even die in hospital. Permanent disability and disfigurement can cause enormous physical, emotional and financial trauma not just for the injured victim, but also for the entire family.

When such accidents happen to elderly persons, it leads to loss of mobility and socialization, with ripple effects on nutrition and enjoyment of life. Pregnant women pose another serious health risk and an accident can affect the health of the unborn child too.

It’s advisable to consult an experienced Brampton personal injury lawyer immediately as you may be entitled to compensation.

Premises Liability

Slip and fall accidents may take place on privately-owned property like residences, corporations or organizations, retail spaces, entertainment facilities etc. They may also occur in publicly-owned government or municipal property.

Property owners have a duty of care under the Ontario Occupier’s Liability Act Sec 3 (1) to ensure that premises under their control have to be maintained in a state of reasonable safety for all legitimate visitors.

The injured victims have a right to seek compensation from the property owner even if they have entrusted maintenance work to any third-party like cleaning services, maintenance contractors etc.

Accidents on Municipal Property

Unlike privately-owned property, there may be slightly different regulations that govern liability in municipality-owned properties. The Ontario Municipal Act has certain stringent regulations regarding the time-frames within which notification of intention to seek compensation can be made. For instance, in all municipalities across Ontario, the Act states that if you’re injured on any municipality-owned property, notification must be sent within 10 days of the accident. If you fail to do so, you could lose your right to file a personal injury suit or it could be summarily dismissed.

This is unlike the rule for privately-owned properties where victims have a two-year long window.

Another issue is that municipalities have a different standard of care when it comes to removing snow/ice/water etc on their premises. The aspect of “gross negligence” comes into the picture here, unlike privately-owned properties where standards of reasonableness apply.

Municipalities are also liable to maintain sidewalks and public areas in a state of good repair. In the case of inordinate pile-ups of snow or ice in winter, the municipalities can take recourse to citing unusual weather conditions etc to avoid liability.

Unfortunately, standards and safety protocols are set much lower in municipalities that it can be difficult to prove that such standards were not met when a slip and fall accident occurred.

There are several complex medical, legal and insurance issues involved, along with the latest regulations and municipality rules which vary across the board.

Contact a Brampton personal injury lawyer with specific expertise and experience in handling such cases to enhance your chances of a more successful outcome.

Parking Lot Slip and Fall Accidents: Bolton Personal Injury Lawyers Can Help

Posted on November 8, 2017 by singhadmin

Read The Signs: Watch Your Step!

When we think of slip or trip and fall accidents, we assume that they usually occur on pavements, retail spaces, restaurants etc. One of the most common areas where such mishaps can happen is a parking lot.

No one sets out to fall intentionally and such accidents happen like a bolt from the blue. The overwhelming feeling is embarrassment and we hope that there’s been no audience to our losing our balance! This is one of the things that causes huge concern, because a significant proportion of these accidents go unreported, although slip and fall accident-related injuries account for the largest incidence of hospitalization across Canada.

Traumatic brain injury, spinal and neck injuries, fractures (especially hip and pelvic) among the elderly, facial and dental damage, wrist and ankle fracture, knee-cap damage, internal organ damage after falling from a height etc are some of the common injuries caused by a serious fall. Minor injuries like sprains, ligament tears, crush injuries etc can also affect the person’s ability to work and their mobility.

Property owners have the responsibility to maintain their premises in a state of reasonable safety and the injured have a right to seek compensation from them in case of such accidents.

Parking Lot Slip and Fall

Parking lots are common locations for slip and fall accidents. They may be privately or publicly owned, open or enclosed spaces. They may not always be well-maintained or well-lit and can cause problems for people who have to walk through them. Some of the hazards include:

Frozen, greasy or iced-over floor or ground
Pot-holes or depressed areas where water collects
Dripping water from air-conditioners which pools on the floor
Unmarked elevation changes
Grates or air-vents
Unmarked speed bumps
Broken, badly-maintained ramps, steps
Missing hand-rails
Poor lighting and shadowed areas
Debris and clutter
Abandoned shopping-carts
Tools and construction materials left by workers
Snow left behind in piles by removal staff

Who Is Responsible?

Under the Ontario Occupier’s Liability Act Section 3 (1), occupiers of any premises have a duty of care to ensure the safety of all those who are on and enter their premises.

If the parking lot belongs to a mall, then the owner of the property, the occupier or the mall owner is held responsible for maintaining reasonable safety of any legitimate visitors to the parking lot. Similarly, if the parking lot is owned by a company or public body, that entity is held responsible.

Creating safe conditions in a parking lot includes regular inspection and maintenance, removal of hazardous conditions, conducting prompt repairs, repairing or replacing broken, malfunctioning and defective features and/or informing the public in clear terms about the hazard so that they remain alert and warned.

Seeking Compensation

As experienced Bolton personal injury lawyers know, there are certain elements that have to be proved to achieve a successful outcome in a compensation claim.

Evidence that the hazardous condition existed
Proof of fault or negligence
Proof that the owner/occupier knew of it and failed to take corrective measures
Proof of injuries directly caused by the accident
Impact of the injuries on the victim’s life

We can provide the right advice and assistance.

Staircase, Stairwell and Steps: Risk-Prone Areas for Slip and Fall Accidents!

Posted on November 7, 2017 by singhadmin

Whether it’s in homes or public places, slipping and falling on staircases, stairwells and steps can be extremely dangerous. People sustain a variety of injuries, ranging from sprains, cuts or bruises to serious and life-threatening brain, spine or internal organ damage. Elderly people and pregnant women are particularly vulnerable.

Statistics show that slip and fall or trip and fall injuries are among the most common reasons for ER and doctors’ visits and hospitalization across all age-groups. Pre-existing conditions, the age and general health of the victim and the type of fall, location etc can determine the nature and extent of injury.

It’s important to seek immediate medical attention when you sustain a slip and fall accident, even if you consider your injuries to be minor. Many kinds of injuries have delayed symptoms and could turn out to be more serious later if left untreated.

Serious injuries sustained in slip/trip and fall accidents can cause physical, financial and emotional losses. They can put you out of action for weeks, months, perhaps even permanently. Loss of income, wage-earning capacity, compounded by high medical and rehabilitation costs and the emotional trauma can wreak devastation in the lives of not just the victims but often their families too.

Consult an experienced and knowledgeable Belleville personal injury lawyer if you or a loved one has suffered injuries in a slip and fall accident. You may be entitled to compensation.

Staircases, Steps and Stairwells

Statistics reveal that nearly 35% of brain injuries are sustained after a slip/trip and fall accident. Falling from a height, even if it’s a small one can compound the impact and cause serious injury.

Clutter or debris left on stairs are a huge hazard and this happens when there are children in the house, or there’s some maintenance work going on at the spot. There may be tools, construction materials, etc left behind which can pose a risk. Liquid spills or wet surfaces are another danger.

Other dangerous aspects of stairs or steps include:

Water dripping from air-conditioners, creating puddles on the steps
Loose carpeting
Improperly anchored staircase runners catching the heel
Broken or badly-maintained steps
Missing tiles, chipped concrete
Ice or uncleared snow on entrance/exit steps
Poor lighting/visibility
Unmarked elevation changes
Trash or clutter
Tools, loose cables
Failure to clean by maintenance staff
Lack of warning signs
Broken, loose, missing hand-rails
Improper design which doesn’t conform to building standards

Who Is Liable?

According to the Ontario Occupier’s Liability Act, the property owner has a responsibility to ensure that the premises are maintained in a state of reasonable safety for all legitimate visitors.

The property may be privately owned or it could be a government/municipality owned one.

One of the issues that people face when slip and fall accidents occur is that it happened in a friend or relative’s home. This makes claiming compensation awkward, hence few victims file personal injury suits against someone they know well. However, it’s the insurance company that makes the payment settlement, hence the financial liability belongs to them and not personally to the friend or relative.

A Belleville personal injury lawyer can evaluate your case and provide you with the right advice and assistance.

Slip and Fall Accidents in Vacation Rentals: Barrie Personal Injury Lawyers Can Assist

Posted on November 6, 2017 by singhadmin

Though summer’s still a long way off, many of us are already contemplating our holiday rentals. The best ones get filled up early on and hence, it’s wise to book well ahead.

While it’s great to be on a holiday where everything goes like a dream, things can take a devastating turn if someone suffers serious injuries in a slip and fall accident.

An unfamiliar holiday home and terrain, rotten floor-boards on a pier, missing hand-rails at the edge of a scenic ravine or water-fall, badly-maintained holiday cottage stairs or steps and a variety of hidden hazards can all result in an unforeseen slip and fall accident.

If you have seniors and children in the group, the consequences of a fall can be even more serious. Injuries that occur through no fault of yours can have a significant impact on your finances, mental and physical well-being.

Contact an experienced Barrie personal injury lawyer if you or a loved one sustains injuries in a slip and fall accident. Accidents are usually avoidable and preventable. Most of them are caused by someone’s fault or negligence. Those responsible for the accident can be held liable for the damages and injuries and compensation has to be paid to the injured if negligence and liability are proved.

Who’s Liable in the Case of Holiday Rentals?

Slip and fall accident liability is a particularly complex area of tort law, as there are several legal, medical and insurance issues involved. Premises liability principles and the Ontario Occupier’s Liability Act deem that the property owner, landlord or business owner is ultimately responsible for the maintenance of the property. Third parties like housekeeping services, snow-removal services or property maintenance contractors etc hired by the owner can also be held responsible if they haven’t fulfilled their duties.

Proving that the owner was responsible for the conditions that resulted in the accident can be quite challenging. An experienced Barrie personal injury lawyer with expertise in dealing with similar cases can provide the right assistance.

For a claim to be successful, it must be proven that:

The owner had control over the situation that resulted in the accident
The hazardous condition could have been repaired
Serious injuries could logically be foreseen as a result of the hazardous condition
Failure to take reasonable steps to repair the condition caused the victim to slip and fall, sustaining injuries

Ensuring A Successful Outcome

There are some important factors that can enhance your chances of a successful outcome to your compensation claim:

Document and report the accident immediately
Report in writing to someone in authority and get an acknowledgment if possible
Send the report only after you’ve taken photographs of the exact location, your injuries and reason for accident
Visit a doctor immediately, however minor you consider your injuries to be
Take all prescribed medication and treatments
Preserve all bills, list of expenses connected with the accident, the clothes and footwear worn
Get contact details of witnesses if any

Avoid posting on social media or talking to at-fault parties without involving your personal injury lawyer

Slip and Fall Accidents in Condominiums: Ajax Personal Injury Lawyers Can Assist

Posted on November 5, 2017 by singhadmin

Slip and Fall Accidents are No Joke!

They are more common than we think and can leave a trail of destruction in their wake. They accounted for more than half of all hospitalizations in Canada between 2002-4 and more than 10,000 people have died in hospitals as a result of injuries sustained in a fall.

Statistics Canada provide alarming figures, with falls being the leading cause of injury in 63% of senior citizens, 50% of adolescents and 35% of working-age adults. Senior citizens are a particularly high-risk group. Many of them reside in retirement homes, nursing-care facilities, condominiums etc where premises owners have to ensure that they remain safe.

Slip/Trip and fall accidents can result in a range of injuries, from sprains or cuts to life-threatening traumatic brain injuries, head/neck/spinal damage, facial and dental damage, internal organ damage and bleeding, disfigurement, etc. Senior citizens are particularly vulnerable, with slip and fall accidents being the most common reason for hip fracture.

Accidents Aren’t Always Accidental

As Ajax personal injury lawyers know from experience, accidents are not the bolt-from-the-blue events that we assume them to be. They’re most often caused by someone’s fault or negligence. In the case of slip and fall accidents, under Ontario laws, the owner/occupier of the property has a duty to ensure that the premises are kept in a state of reasonable safety for all legitimate visitors.

Injured victims suffer various types of losses, including:

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

Although it may not be possible to replace everything that was lost or damaged due to the accident, monetary compensation helps restore the person and family to the financial condition they were in prior to the accident.

It’s important to consult an Ajax personal injury lawyer if you or a dear one has suffered injuries in a slip and fall accident. You may be entitled to compensation.

Condominium Slip And Fall Accidents

Condominiums are multi-unit dwelling structures with each owner holding a title for his/her own unit and a proportionate undivided interest as a tenant along with other similar tenants in all the common areas and facilities.

There are generally owners’ associations or condominium corporations which manage the facilities and maintenance of the premises. They are legally obliged to keep the public areas safe and are liable to pay compensation if an injury occurs in such areas due to their fault or negligence.

Generally such accidents happen due to wet floors, lack of warning signs, badly-maintained pavements/stairs, unanchored carpets/rugs, missing tiles or hand-rails, poor lighting, clutter, etc.

Slip and fall or trip and fall accidents can be extremely dangerous for this age group, due to:

Poor vision
Slower reaction times
Brittle bones
Reduced general health in seniors

As a result, the injured person can suffer hip or pelvic fracture, broken ribs, injure the knees, sustain facial or dental damage etc. leading to loss of mobility, poor nutrition and loss of social activity. They may need the services of a dedicated care-giver and extensive medical treatment/therapies.

An experienced Ajax personal injury lawyer can provide advice and assistance in achieving the deserved compensation.

Stress-Free Claim Settlement Following Motor-Vehicle Accidents: London Personal Injury Lawyers Can Help

Posted on November 4, 2017 by singhadmin

The last thing on anyone’s mind when an accident occurs is money! Unfortunately, it also happens to be one of the most important factors in regaining your health and restoring your life to what it was before the event occurred.

Financial problems arise when there are injuries that require time to heal. In fact, some injuries can have a permanent effect on the victim in the form of disability or disfigurement. Medical and rehabilitation expenditure can spiral out of control due to multiple hospitalizations, expensive procedures, medication and treatment regimes.

Additionally, if you’re unable to work during this time, or even permanently, this means a loss of income, wage-earning capacity and a fall in your living standards.

What gives most victims a sense of security and solace is that they’re covered by insurance. Automobile insurance helps victims to restore the damage done to their vehicles and also to recover their health. Since it is mandatory to have insurance for automobiles in most parts of the world, coverage is available in case of a mishap.

Ontario laws mandate that regardless of fault, all those injured in automobile accidents are entitled to receive statutory benefits paid by their own insurers. Additionally, victims can also file a personal injury suit against the at-fault party for negligence/fault that caused the accident if that is the case. Again, it’s the insurance-company of the negligent party that makes the settlement payout. An experienced London personal injury lawyer can assist you.

Issues In Seeking Insurance Settlements

We assume that insurance companies, especially our own, would have our interests at heart. We would also expect them to make a prompt and hassle-free response to our claims if we have provided the necessary paperwork.

However, insurance companies are ultimately for-profit enterprises, which need to safeguard their business interests first. This means they may dispute, deny or dismiss your claim for a variety of reasons, leaving you with no option but to file a personal injury suit against the at-fault party.

Claims May Be Delayed or Denied

Ontario has one of the highest auto insurance premiums in the country even though it has among the lowest accident rates too. This creates stress in consumers when it comes to filing a claim if the insurer decides to contest it.

In other cases, the settlement may be inordinately delayed, leading to a financial crisis for the injured victim and family-members.

Some of the reasons why claims are denied include:

Misrepresentation of facts
Suspicion of false or fraudulent claim
Lack of coverage in policy
Lack of sufficient proof of negligence by at-fault party
Insurance company acts in bad faith
Not adhering to statute of limitations or other time deadlines

Ensuring Stree-Free Claims Settlements

Know your insurance coverage thoroughly
Make sure you inform your insurer immediately since there are time-limits to filing a claim
Provide the right contact information if you’re in a different location
Maintain an accident journal listing all expenses, treatments and therapies
Consult a London personal injury lawyer before completing and returning insurance forms
Meet/Discuss with claims-adjusters only after consulting your London personal injury lawyer
Preserve all bills/receipts/e-mails/correspondence regarding the accident

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