Fibromyalgia and Motor Vehicle Collisions – An Overview

Nearly 400,000 people in Canada suffer from Fibromyalgia. It affects more women than men. There are critical psychological and social factors involved, with a greater need to educate patients on how to manage their pain and prevent it from becoming a permanent disability. In many cases, it can be directly linked to injuries suffered in motor vehicle collisions.

What Is Fibromyalgia?

Fibromyalgia (FM) is a chronic condition in which there is pain but there is no single apparent cause that can be identified. There is heightened sensitivity to pain and pressure and it is thought to be a condition in which pain signals are incorrectly processed in the central nervous system. There are definite psychological factors involved, such as anxiety, depression, irritable bowel syndrome and chronic fatigue syndrome. Though it could be a psycho-somatic condition, the pain is very real and can be life-altering in severe cases. Medical opinions differ widely about the definition of fibromyalgia simply because there are many factors involved, making it difficult to diagnose, treat, cure and manage.

Illnesses and conditions like fibromyalgia and chronic fatigue syndrome are terms “invisible” illnesses. They cause persistent and profound chronic fatigue, pains and cognitive and behavioral changes.

Symptoms

The symptoms are not very characteristic or definitive. They include a range of sensations, feelings and cognitive abilities.

  • General, wide-spread pains
  • Tiredness and fatigue
  • Insomnia or constant drowsiness
  • Disturbed sleep
  • Pain in response to pressure
  • Tingling and numbness
  • Muscle spasms
  • Weakness in limbs
  • Nerve pain/twitching
  • Palpitations
  • Bowel disturbances
  • Impaired concentration
  • Memory problems
  • Feeling of slowing down
  • Reduced attention span
  • Inability to multi-task
  • Headaches
  • Anxiety/Depression

There may also be co-morbid symptoms like hypoglycemia, cystitis, bowel problems, skin problems etc.

As we can see, the symptoms are extremely diverse, wide-spread and wide ranging.

Diagnosis and Causes

There is no specific test to diagnose fibromyalgia. The pains and other issues that are reported could mimic other conditions and usually, the patient and doctor go through a long-drawn out process of trial and error before arriving at a diagnosis of fibromyalgia. However, if there is a history of a recent motor vehicle collision, then the doctors may suspect a case of FM, because in about 87% of cases, quick and sudden onset of fibromyalgia occurs with infection, inflammation and trauma. Fibromyalgia is 13 times more common in patients who have suffered a neck injury or whiplash following an accident.

Other causes may include flu, pneumonia and other viral infections.

Physical causes include hyper-extension of the spine/neck as in an accident, neck and back injuries, childbirth, surgery etc.

The greatest percentage of reported fibromyalgia cases have occurred after a motor vehicle accident. 

The Real Cost of Fibromyalgia 

This condition puts huge economic, social and psychological burdens on the sufferer, their families, employers and the tax payer in general. The cost of health-care and extended pain management can be enormous. There is a marked decline in household productivity and lower industrial labor force productivity when people suffer from fibromyalgia. Absenteeism, depression and social and psychological decline are other features that could affect families and society at large. Fibromyalgia sufferers usually consume many more pain-relief medications than others, leading to side-effects and problems like ulcers etc.

Treatment

There is no definitive treatment for fibromyalgia and it typically consists of management of symptoms.

Medication: Serotonin based drugs, anti-inflammatory, anti-depressants, anti-seizure, opoids, Human Growth Hormone, muscle relaxants, etc are prescribed for a variety of symptoms and to reduce the discomfort and pain.

Psychological interventions: Counseling, cognitive behavioral therapies, multi-disciplinary, holistic approaches have been found to be beneficial when used in conjunction with medication and exercise. Art and music therapy are helpful.

Exercise: This is the single most effective treatment for fibromyalgia. Cardio and aquatic exercises are especially beneficial.

How We Can Assist

Whiplash injury, traumatic injuries to the body and head, spinal injuries etc can all result in the development of fibromyalgia. Our personal injury lawyers can help victims and their families to establish the link between the two events. It’s important that victims retain all their medical records, pharma records and other notes from paramedical staff etc that follow in the wake of the accident.

Our no win no fee lawyers can ensure that all the evidence concerning the accident is documented and that expert witness are called to back your claims. Since most accidents can be traced to the negligence or fault of another person, our accident attorneys can establish the facts and ensure that your rights are protected. Since fibromyalgia is a difficult condition to diagnose and treat, the insurance companies can easily contest your claims unless you have expert legal representation.

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 Car Crashes – A Legal Perspective

Recently, Brampton residents were shocked by the death of a young high school student, killed in a car crash at an intersection very early in the morning. She was a passenger in a van which collided with another vehicle and several others were also injured in the accident. The accident has brought the rights of victims of fatal car crashes to the forefront, since many victims and their families are so severely traumatized by the event that they fail to realize that their rights must be protected and safeguarded.

Some Common Causes of Auto Accidents

However careful one is as a driver, passenger or pedestrian, negligence of others could cause a fatal accident. Transportation experts have determined some of the most common reasons why crashes happen. These include:

  • Reckless or Negligent Driving
  • Failure to maintain Lane Discipline
  • Erratic Lane Changing
  • Over-correcting
  • Improper Turning
  • Failure to Yield Right of Way
  • Inability to adjust to road conditions/obstructions/surface
  • Driving on the Wrong Side
  • Not Obeying Road Signs/Traffic Signals
  • Police Pursuit
  • Speeding
  • Drunk Driving
  • Weather Conditions
  • Over-loaded vehicle
  • Vehicle Malfunction

Victim Rights and Claims 

Serious car accidents are more common than we like to think. Ontario statistics for the years 2005-2014 reveal that nearly 4000 deaths were caused by fatal car accidents. More than a quarter of these victims were passengers, while nearly 10% were innocent pedestrians. The rest of the victims were drivers of the vehicles. In most cases, car accidents cause serious injury, temporary or permanent disability. They leave the victim temporarily or permanently out of a job, dealing with the pain and loss of loved ones and having to undergo extensive medical treatment, rehabilitation etc. Huge financial burdens may be placed on the individual and the family.

If you or a loved one has been a victim in a catastrophic accident, it’s important that you contact a reputed law firm that specializes in personal injury litigation.

Our personal injury lawyers can examine all aspects of your case thoroughly and give you a genuine assessment of what your claims are. We also ensure that your rights are protected. Fatal accidents can be devastating, frightening and have a long-term effect on the victim’s family.

In fatal vehicle accidents, the persons entitled to claim compensation had these relationships with the victim:

  • Spouse (including common-law spouse)
  • Children
  • Grand-children
  • Parents
  • Grandparents
  • Siblings

These persons need not have been financially dependent on the victim. The estate of the victim may not be entitled to file a claim, unlike in the United States. In Canada, the estate could claim compensation for the pain and trauma suffered by the victim immediately following the accident, before moment of death.

The kind of compensation that can be claimed following death of a person in fatal accidents include:

  • Loss of care, guidance and companionship that the victim could have provided to the family
  • Loss of financial contribution
  • Loss of additional services that the person would have performed – handy-man jobs, chores, family work etc
  • Loss of income for family members
  • Death, funeral and burial expenses
  • Out of pocket expenses that paid for additional services to the victim, such as nursing, housekeeping, paper-work etc
  • Visitor expenses
  • Counseling

Additionally, our wrongful death lawyers can assist you to claim the maximum compensation due to the surviving family members of the deceased under the Family Law Act.

Legal Aspects

It is important to realize that accidents also involve insurance companies, which may typically try to reduce payouts and this is where our personal injury lawyers can be of assistance. Additionally, in case of death, a criminal tort procedure also gets under way. Though the time following a fatal accident is always traumatic and chaotic for the families of victims, it’s essential that they get legal representation as soon as possible so that their rights are safeguarded. 

How We Can Assist You

Though the loss of a loved one cannot be measured in monetary terms, family members have rights that should be protected. Our law firm can assist family members to get full compensation for their tragic loss. Our no win no fee lawyers can give you a frank appraisal of your claims and the merits of your case. The emotional cost of such a tragedy should also be correctly documented, quantified and made part of any claim for compensation. Our catastrophic injury lawyers can conduct their own independent investigation into the circumstances of the accident, collect documentary and photographic evidence, eye-witnesses and expert testimony to back your claim.

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.

Fair Compensations on Elevator and Escalator Accidents

Technology progresses to bring more convenience and speed in daily routines to benefit consumers. This includes elevators and escalators which make movements from floor to floor easier and quicker. The advanced electronics today help develop automated elevators and escalators where non-movements or weights would cause these electronic devices to deactivate for more cost savings in electricity.

Smart environments are installing smart elevators and escalators that would only be activated when people get onto them. These devices require automation technology that is able to detect movement or weight before being activated into action. However, these are electronic devices that engage various components that could go awry through wear and tear due to constant usage.

Using the available elevators or escalators to get from floor to floor could be taken for granted by many people regardless of the environment although there are plenty of benefits. These devices are extremely helpful for:

  • The elderly
  • The handicap
  • Pregnant mothers
  • Families with young children
  • Those who are tired
  • Those with their hands full

Improper Functioning of Elevators and Escalators

Elevators and escalators could also malfunction from over-usage. When it happens, catastrophic results could emerge.

  • Commuters are stranded to reach their desired destination, especially those with mobility issues
  • Commuters could be trapped in elevators that happen to be spoilt at different floors requiring professional rescue assistance such as firemen
  • Commuters could fall through faulty escalators whose step pieces are loose
  • Elevator passengers could walk through an open shaft if they are presumptuous about the elevator’s regular proper functioning

Such catastrophic results have been widely reported from all corners of the world which use elevators and escalators. Shaft wires and components of the entire elevator system must be changed after a certain period of time as friction could cause the steel wires to wear thin and break easily. A free fall of the elevator while inside is an extremely scary experience that could lead to death or serious injuries.

Faulty escalators are an inconvenience for the elderly and the handicap as well as expectant moms who have to walk further. But the greater danger of escalators is when its step pieces are loosely screwed and fall apart to drag commuters downwards. Such incidents have been recorded in the malls and other public buildings or environments which had resulted in deaths or severe injuries.

Faulty escalators could also stop suddenly to cause sudden jerks and imbalance that could cause users to fall forward or backward and hurt themselves or others. A domino effect is possible in crowded subway escalators especially during peak hours. Many consumers could get hurt on escalators by missing their footing on the step pieces. The elderly tend to be slower in stepping on or off the escalator to cause slips and falls and incur personal injuries on themselves.

Prevention is Better than Cure

Elevator and escalator mechanics must be specially trained to understand the electronic and electrical mechanisms applied on torts and forces. Wrong calculations of the system components’ movements and synchronization could cause improper functioning that could hurt users.

Hence, it is crucial for elevator and escalator service providers to be responsible for every unit installed in any building or environment to facilitate commuting and mobility. Serious accidents on elevators and escalators could bring on a bad reputation to the company or building management while personal injuries could be serious unless avoided at all costs.

Operators and service providers of these useful components must be responsible to ensure total safety for passengers and consumers at all times with proper:

  • Installation
  • Inspection
  • Maintenance

Legal Compensations on Elevator or Escalator Accidents

Elevator or escalator accidents could be taken up as a litigation case where our esteemed law firm is a strong advocate on safe elevators and escalators in any environment. Serious repercussions have been recorded on faulty elevators and escalators that brought on even death and suffering of many innocent victims.

Our Toronto Personal Injury Lawyers are skilled and experienced in filing and representing such cases in the Ontario courts that would bring on favorable financial compensations for the plaintiffs. Our Free Consultation Injury Lawyer would walk through the court processes with the plaintiff for a favorable outcome from the court hearing on an elevator or escalator accidents.

Our Slip and Fall Injury Lawyer is able to identify the severity of injury arising from such incidents that incur a lot of inconveniences, trauma, physical hurt and pain for the plaintiff especially if the death is incurred.

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.

Better Options with Chronic Neck Pain from an Automobile Accident in Hollywood

You may think that you are lucky to come out of a car crash in Hollywood with minor scratches and a shake-up but it is possible for more serious consequences to surface in later days. Devastating internal injuries could be felt over the days such as chronic neck pain. Studies reveal and caution all car crash victims to take heed of potential chronic neck pain after the accident. Immediate medical attention should be sought to avoid complications and intensified pain.

Legal Option to Pursue Further Claims

Many auto accident victims in Hollywood tend to take their incident lightly especially if they do not incur any fracture or bleeding at the scene of the accident. However, research reveals a high percentage of auto accident survivors suffer chronic neck pain after a month of the accident.

Most of these accident survivors may be given a cursory checkup in the hospitals without an awareness of potential chronic pain that would surface later. Such an unfolding of events would lead to hiccups in insurance claims with insurance companies being unhappy with a case where initial payment might have been given and the case is considered closed. But our legal firm has the right injury lawyer who understands your situation to pursue and reopen the case on your behalf so that you could claim further compensations that would help ease your escalating medical bills and suffering.

Insurance companies would normally make it difficult for the chronic pain patient to claim more than what has already been given out based on the initial accident report. However, it is a fact that musculoskeletal pain usually surface a few weeks later after the accident. Crash patients may have been too traumatized with the collision and initial insurance claims to notice intensifying musculoskeletal pain especially at the neck.

We empathize with crash patients whose chronic neck pain condition is not diagnosed immediately and face the brunt of insurance companies that do not view the patients’ rights and entitlements favorably. But our accident injury lawyer is apt in re-opening your case for a favorable personal injury litigation address in Hollywood.

Legal Actions Executed by Our Lawyers

Your insurance company’s legal representation would work hard in belittling your chronic neck pain claims to free the company from further compensation. The legal advisor would manipulate your policy claims along the fine lines unless you are appropriately represented by a skilled and experienced car accident lawyer whom our established law firm could provide to set your case in the court of law in Hollywood.

Our lawyers specializing in personal injuries and chronic pains from car accidents are aggressive in seeking legal redress for you to secure further compensation as your medical bills rise. Our experienced personal injury lawyer would advise you on the right course of legal actions to take with a proper guidance in all legal processes to ensure a favorable outcome. We empathize with those seeking a legal redress on their chronic pains stemming from the car accident as they may be prevented from earning normally; much less living a normal life for their injuries. We would assist you in collating the right information and medical reports to prove your case on chronic neck pain that arose from the accident with qualified and approved medical experts as witnesses to support your case.

Legal Claims in a Personal Injury Case

An independent investigation into the crash would be undertaken by our accident attorney to gather the best information that supports your claim of personal injury litigation. No stone would be left unturned as we consider:

  • Hospital negligence in the initial checkup
  • Actual party’s fault in the accident
  • Course of events
  • Biomechanics investigations and reports
  • Health deterioration from time of accident to current
  • Earning capability
  • Social lifestyle impact
  • Dependency impact

Our friendly and concerned injury lawyer would brief and guide you in preparing for the trial if an out-of-court settlement is not possible.  Our disability claims lawyer is effective in negotiating for the best deal in disability compensation from insurance companies that want to pay only the minimum besides hoodwinking crash patients into accepting the initial claims once and for all.

You may not be aware of the long list of potential claims you could request from your insurance company with chronic neck pain caused by the accident. You could request for compensations in:

  • Car repairs
  • Lost income
  • Medical costs
  • Continuous therapy sessions
  • Medication
  • Nursing home expenses
  • Trauma
  • Mental disabilities

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 Importance of Accident Reconstruction Experts in Accident Cases: A Legal Perspective

In the aftermath of car accidents, those involved may be seriously injured and unable to provide any facts about how the accident happened. In other cases, people are usually so traumatized that they have very little recall of the sequence of events. They may have been sleeping, talking on the phone, texting, eating or otherwise distracted that they have very little knowledge of how the accident really happened.

In such cases, it is very difficult for the legal representatives of such victims to put together a strong claim for compensation. Hence, it is crucial that professional vehicular traffic collision experts are called in to conduct their own investigations and form conclusions about the causes and sequence of events in a crash. This is known as “crash reconstruction.”

What Does Crash Reconstruction Consist of?

At crash sites, there is a wealth of evidence that can be gathered to reconstruct the events. These would consist of skid marks, gauge marks, debris, etc. There may have been eye-witnesses too. Experts would have to study road and weather conditions of that particular day and time.

Some countries and states may have special task forces dedicated to crash reconstruction, but in general, most traffic collision experts are private individuals or firms that employ such professionally qualified and experienced people. It is usually a multi-disciplinary team that works on a particular accident. The team may consist of forensic experts, engineers, metallurgical and mechanical specialists, forensic mapping experts, modern-technology experts in 3D mapping, reconstruction, animation etc, automotive technologists, retired police officials, etc.

This is a job that combines criminal investigations and forensic engineering. Mathematics, physics and materials technology are some of the subjects that experts need to know in this field to establish the role of the vehicle, drivers and the road in causing the accident.

They can also provide answers to important questions such as:

  • Speed at the time of collision
  • Vehicle positions in terms of avoidability
  • True impact and pre-impact location
  • Magnitude of impact
  • Seat-belts worn or not
  • Visibility issues
  • Who was driving
  • Steering angles
  • Use of lights
  • Braking
  • Acceleration
  • Indicator lights
  • Engine rpm
  • Cruise control
  • Anti-lock brakes

These and other important aspects are gathered and pieced together to give a complete picture of the crash which can assist law enforcement agencies, victims and others concerned to take further steps.

While at a crash reconstruction site, the experts need to:

  • Take accurate measurements
  • Take photographs
  • Perform advanced mathematical calculations
  • Observe and analyze all features of the site
  • Examine all available evidence
  • Interview witnesses
  • Prepare reports

The reports provide data interpretation that includes:

  • Compliance with maintenance regulations
  • Risk analysis
  • Avoidance analysis
  • Driving errors if any
  • Condition of drivers

After reports are prepared, establishing the sequence of events and causes of the accident, crash reconstruction experts may also be called upon to give court testimony, give evidence in negotiations etc. These experts are usually extremely tech-savvy and can provide state-of-the-art reporting and testimony.

When Crash Reconstruction Experts are Required

In simple collisions, it is relatively easy to establish the sequence of events and fix the fault. However, in catastrophic crashes where most of the people are seriously injured or dead, the vehicles are damaged beyond repair and there are few if any witnesses, only a crash reconstruction expert can recreate the scenario accurately.

When there is litigation, reconstruction experts working with our accident injury lawyers provide reports in which crucial information that’s missing or doubtful is made clear. Experts use simulation models, animation, graphs, etc to prove their findings. Apart from showing how the collision happened they can also demonstrate how it could have been avoided. This is very important in case of an accident injury claim.

How We Can Assist

When a devastating crash occurs, after the medical emergencies have been taken care of, victims require top-quality legal assistance. Apart from claiming statutory benefits, if the crash has been caused by the fault or negligence of the other party, it is important that victims get immediate legal representation. This is to ensure that your legal rights are protected. In many cases, following a traumatic accident, victims inadvertently sign papers or give recorded testimony that could compromise later claims for compensation.

Our catastrophic injury lawyers can ensure that a team of credible, experienced and reputed crash reconstruction experts get to work on gathering evidence to back your claims. Our personal injury lawyers can review all reports and present them to juries or insurance company representatives in a simple and powerful manner for best results.

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.

Paying Your Personal Injury Lawyer: Contingency vs Hourly Rates – Facts and Information

When you or a loved one has suffered injury from an accident that has been caused by the fault or negligence of another person, you are entitled to claim compensation under law. You require the right kind of legal representation to present your case either to a jury at trial or to represent you in negotiations with insurance companies who are responsible for most of the pay-outs.

Difference Between Personal Injury Lawyers and Other Lawyers

In most cases, personal injury lawyers do not charge fees upfront. Instead, they make arrangements with clients to collect their fees only if they win the case and secure compensation for their clients. This may be a percentage of the total damages awarded. Unlike other lawyers, for example, commercial lawyers, real-estate lawyers, criminal and family lawyers generally bill their clients on an hourly basis. Some of them may charge a block fee which they receive from legal aid, if the client is unable to pay. Constitutional lawyers get paid by the government or by lobbyists. Personal and accident injury lawyers are perhaps the only ones who charge contingency fees, by which it is meant that their payment is contingent upon a win. 

Why Contingency Fees Make Sense

In most serious accident cases, victims are hard-pressed for money, with mounting medical and care-giver expenses, loss of income and recurring household maintenance. In such cases, they would hardly be in a position to put out large sums of money to hire personal injury lawyers. Hence, the convention has been to wait for a final settlement before collecting fees.

Another very important aspect is that if personal injury lawyers were to charge clients on an hourly basis, insurance companies would delay and drag on the case interminably, knowing that it puts clients under severe pressure to settle as quickly as possible. Obviously, large insurance companies have the staying power to continue filing motions in court, citing this reason or that, so that the case takes years to reach verdict or settlement. Very few clients would be able to afford the mounting legal fees in such a case.

Keeping this fact in mind, personal injury lawyers charge a contingency fee that would compel insurance companies to settle claims as early as possible. Typically, insurance companies do take a long time to analyze all aspects of the case and come to settlement. Hence a contingency fee arrangement would suit the client as they are not under pressure to settle.

What Contingency Fees Include

Personal injury lawyers’ fees are typically deducted from the final settlement in negotiations, or upon reaching the final verdict in a trial. Expenses incurred by the lawyers/law-firm may also be charged. Typically, in most cases, the percentage of fees charged would be somewhere in the region of 30-45% of the total recovery. However, this can vary from lawyer to lawyer, firm to firm and may be negotiable.

Additional Expenses

Lawyers and law firms have to incur large expenses in the course of building a water-tight case. They have to provide money upfront for several different things and need to pay out large sums for:

  • Medical records
  • Exhibits showing injuries
  • Police photographs
  • Witness depositions
  • Expert depositions
  • Accident reconstruct experts
  • Background investigations
  • Scientific investigations
  • Photocopying charges
  • Postage
  • Police reports
  • Filing fees

These fees do not go to the personal injury lawyers themselves. Instead they are costs incurred by them or their firm and are unavoidable expenses that are part of your claim and the court system. 

What Clients Should Know 

As a client, you need to enter into a fee agreement with our car accident lawyers or personal injury lawyers in which all terms and conditions are clearly laid out. There are two options available: Either the costs are deducted before the fee percentage is calculated or they are deducted after. The latter option means that your share of the settlement is substantially reduced.

There may be regular expenses like telephone calls and photocopying – these cannot always be quantifiable initially in an agreement. Instead, clients can get an agreement that sets a dollar limit on expenses beyond which the lawyer needs your clearance before incurring costs on.

No Win No Fee Lawyers

In many cases, lawyers offer terms like no win no fee, free consultation lawyers etc. There is usually a clause in the contract with the client that waives any expenses and fees in the event that the case comes up with an unsuccessful verdict. Hence, the client does not have the burden of paying out money for a lost 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.

Getting More than Relief for Chronic Pain

Chronic pain is not something that anyone should take lightly as its frequency can cause a lot of discomfort to the body, mind and soul. No other person would really be able to empathize with the chronic pain patient who usually suffers in silence. No advanced technology today could capture chronic pain in print whether using:

  • X-ray
  • MRI
  • Ultrasound
  • Sophisticated medical machines

Causes and Effects of Chronic Pains

There are many ways in which chronic pain could come about. Simple slips and falls which the injured took lightly could bring on chronic pain over time if the proper medical treatment was not applied rightly and aptly. Similarly with more severe accidents that occurred in the workplace, public venues or on the road. Chronic pain sufferers may regret their lack of proper medical treatment which may be too late as the degree of discomfort or damages incurred on the health could be unbearable or treatable.

You would find it difficult to turn back the clock in pursuing a legal recourse against the party responsible for the mishap unless solid objective evidence is available to link the chronic pain to the presumed incident. Hence, it is advisable that you should quickly consult an experienced and skilled personal injury lawyer for every minor or major accident that happens with a gathering of all relevant or related evidence that would provide a solid basis on a successful legal representation in the future should it be necessary.

Ontario Courts on Chronic Pain Cases

Although the provincial courts acknowledge the reality of chronic pain in sufferers due to some underlying injury caused by a particular accident, it is difficult to pursue a dynamic legal address on such injury after a lapse of time since current advanced medical techniques are not able to support chronic pain existence objectively.

In-depth investigations must be intensely conducted by aggressive personal injury lawyers hired to represent the plaintiff in collating data that could be relevant evidence on how chronic pain resulting from a past incident could hamper the plaintiff’s normal lifestyle. Many cases have been handled by the Superior Court of Ontario dealing with chronic pain that resulted from serious accidents which adversely impacted the plaintiff’s quality of life and goals.

Medical experts such as orthopedic surgeons, psychologists and nerve specialists may be called in by the Court to verify the plaintiff’s claims of chronic pain arising from past injuries caused by certain parties.

Tug-of-War between Plaintiff and Defense Lawyers

A typical chronic pain legal case would normally have both sides of the legal representatives up in arms as each brings in their own medical experts to verify or invalidate their opponent’s claims on the basis of chronic pain and corresponding compensations. The defense lawyer for the defendant aims to dismiss the chronic pain of the plaintiff categorically without a proper mechanical basis. On the other hand, the plaintiff’s injury lawyer would have experts revealing objective findings that constitute the reality of chronic pain arising from the purported incident.

A personal injury litigation is time consuming and tedious with the complex procedures and processes that must be undertaken to ensure a fair legal address for both the plaintiff and the defendant. The final decision lies with the judge who weighs the evidences presented by both parties’ team of medical experts in verifying the reality and severity of chronic pain experienced by the plaintiff. However, the personal injury lawyer for the plaintiff needs to prove that the cause of chronic pain is from the injury caused by the defendant as in the case of accidents.

But some plaintiffs may be requesting compensations from their insurance companies via health policies which the insurer may try to avoid a heavy payout. Hence, a legal address is unavoidable if out-of-court negotiations fall through.

Characteristics of Successful Personal Injury Lawyers

Successful personal injury litigation is only possible when the plaintiff’s injury lawyer is experienced and skilled in seeking experienced and relevant expertise to present accurate and favorable medical information as important findings that would support the case in court. Such personal injury lawyers must be diligent and meticulous in their independent and thorough investigations on the plaintiffs’ claims of chronic pain arising from a past incident with an orderly collation of solid evidence from relevant authorities to be used in court.

Favorable financial compensations must be procured to ensure a proper course of medical treatment to a full recovery that would allow the chronic pain sufferer hope in life with a good quality of life.

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.

Child Deaths and Injuries Caused By Car Accidents: Some Legal Aspects

Most of us would be shocked to learn that a majority of Canadian children die because of injuries suffered in catastrophic motor vehicle accidents. Apart from this, children may also suffer a range of injuries from minimal, mild, moderate, catastrophic and even those with unspecified severity, resulting in temporary or long-term disabilities. Statistics released by Transport Canada show that nearly 123,000 personal injury cases were reported in 2010 and one-fourth of these resulted in fatalities.

The death of a child is a devastating experience for all family members, especially the parents and siblings of the little one. In many cases, death may not be instantaneous, but may occur after several days/weeks/months of a heart-breaking period of hospitalization. Apart from the trauma of watching a young child enduring terrible pain and suffering, the parents would also be under severe financial strain as hospital and medical care costs continue to mount.

Causes of Motor Vehicle Collisions

Each case is different and involves a unique set of factors that caused the accident to happen. However, motor vehicle collisions are usually caused by a fault, defect or human error. These are aspects that only an expert Toronto personal injury lawyer can assist us with. Though regulatory bodies and transportation officials attempt to educate and caution drivers, some of the leading causes of accidents include:

  • Impaired driving due to consumption of alcohol, drugs or prescription medication
  • Fatigue
  • Distractions like texting, chatting, loud music
  • Bad weather conditions
  • Poor visibility
  • Poor road maintenance
  • Reckless/rash driving
  • Road rage
  • Ignoring warning signage
  • Disobeying safety rules
  • Teen-aged/inexperienced drivers
  • Tailgating
  • Hydroplaning
  • Unfamiliar locations
  • Automobile/Tire defects

The Role of Insurance Adjusters

One of the first people to be notified following a motor vehicle accident is your insurance company. Once they have been advised, they will send their representatives over to get details of the accident and conduct initial assessments/surveys. If the accident was clearly caused by the fault of the other driver, an insurance adjuster from that person’s insurance company will definitely get in touch with the victims as early as possible. Their job is to ensure that any payments or claims made are examined, contested if required and settlements kept as low as possible. This could work against victims who face a life-time of disability, grief, financial/emotional/social loss. This aspect is best addressed by a serious injury lawyer.

Why You Require Legal Representation

When serious collisions happen, the first priority would obviously be to get immediate medical help and transport the injured to the nearest, most suitable medical facility. Once this has been successfully done, it’s crucial that you attend to the legal and insurance aspects of the case. All accident victims regardless of fault, are entitled to statutory benefits under Canadian law. The respective insurance companies are required to make the payouts. However, in most cases, accidents are caused due to the fault of negligence of someone and the victims are entitled to file a separate case seeking damages. If children/adults have been killed, you need the services of a 24×7 injury lawyer who can immediately begin working on putting together a valid case of wrongful death under the Family Law Act.

When death occurs, the trustee or legal representative of the estate of the deceased or the next of kin is entitled to file charges. These would include loss of income, physical and mental suffering, care costs, loss of enjoyment of life because of the death, out of pocket expenses etc. We have immediate injury lawyers available who can examine your case and file the right charges.

Additionally, in the chaos that follows a serious accident, many people inadvertently give statements or make admissions that could compromise the validity of their claims later. We may provide signed documents that authorize the other insurance party to access our previous medical records etc. Hence we need to engage the services of an experienced personal injury lawyer immediately to safeguard our rights.

Negotiations with insurance companies can be long-drawn-out and may cover technical aspects that we’re unfamiliar with.

How Do I Find a Personal Injury Lawyer?

Recommendations from trusted family-members, co-workers, friends etc are your best option. You can also look at the websites of local law-firms/lawyers as they would be familiar with the court-system and practices in your area. A free consultation injury lawyer can look at the circumstances of your case and provide a genuine assessment on possible outcomes. Most personal injury lawyers work on a no win no fee basis and have the economic and technical resources to put together a strong case that provides you with the maximum compensation for your loss.

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.

Burn Injuries Fact-Sheet

When the flesh or skin is injured by heat, electricity, radiation, chemicals or friction it causes a burn injury. They are among the most common household injuries in their minor form, and cause severe disability, permanent damage or death in their extreme form.

Classification

Thermal: Caused by flash, contact, flame and scalds.

  • Flash injuries are those caused by explosions of gas or flammable liquids. Sunlight can also cause severe burns with prolonged exposure. The heat is intense but for a very short time, unless the fire spreads via other sources.
  • Contact injuries occur from contact with heated metal, plastic, glass, coal etc. and can result in very deep injuries.
  • Flame injuries are caused by direct exposure to intense and prolonged heat. Household and building fires, auto accidents, improper use of stoves, etc.
  • Scalds are the result of contact with intensely hot liquids like water, grease, oil, tar etc. Some of these liquids stick onto the flesh and need to be surgically removed.

Electrical: burns are caused by AC or DC current and are actually thermal burns of very high intensity.

Radiological: Alpha, beta or gamma radiation exposure causes these burns.

Chemical: burns are caused by contact with strong acids or alkalis.

Friction: burns are an injury caused to the skin by severe abrasion with some other surface.

Measurement of Burns

Additionally, the severity of the burns is measured in “degree” and size of the burn in relation to the body mass. Major, moderate and minor burns have also been differentiated in terms of what kind of management is required.

  • First-degree burns: affect only the upper layers of the skin. They heal quite well, with no permanent damage to the skin.
  • Second-degree burns: penetrate into the lower layers and are called “partial thickness” burns. These usually leave scars after healing.
  • Third-degree burns: extend to all the skin layers and are called “full thickness” burns. They destroy follicles, sweat glands etc which lie in the lower layers of the skin. They take very long to heal, require extensive skin-grafting and leave the skin-system permanently damaged, discolored and scarred after healing.
  • Fourth-degree burns: affect the tissues, muscles, nerves and bones. They are life-threatening, with severe damage to all systems and cause disability and irreversible damage. Amputation is usually required, resulting in severely impaired body function.

Treatments

There are several treatment options for burn injuries, based on the degree, size, part of the body affected, age, general health condition etc.

First degree burns are usually managed/treated with home-based care. Soaking in cool water, application of aloe vera gel and antibiotic ointment, oral pain-relief medication etc are sufficient to manage first-degree burns.

Second-degree burns on the face, hands/feet, groin, buttocks etc, require a visit to the ER. Otherwise, second-degree burns can also be managed at home.

Third-degree burns should never be treated at home. You need to call an ambulance or emergency services immediately. The pain may be so severe that you could lose consciousness. There may be blood-loss and shock. Severe burns carry the risk of infections, so never use any home-remedies. The ER personnel must assess breathing, circulation and airways. Respiratory passages may be obstructed, so intubation may be required. The body is to be wrapped in clean sheets on the way to the hospital. Intravenous fluids, medications and immunization shots should be given immediately.

Fourth degree burns are the worst and there is little chance of survival. However, amputation is an option if the extremities are involved.

Surgery and skin grafting may be required for second/third/fourth degree burns. Alternative medicine, psychotherapy, hypnosis, pain-management and various other methods may be effective in some cases. Infection is one of the worst complications feared in burn cases. The prognosis depends on the gender, age and size of the burn and the area affected. Women are more likely to suffer more severe injuries.

How We Can Help

Burns cause severe trauma, pain and suffering for the victims, along with fear and anxiety attacks. The family members require support in terms of dealing with medical bills, insurance companies, doctors, hospitals, etc. As a victim, you are entitled to compensation. Our personal injury lawyers can make a genuine assessment of your case and give a realistic legal opinion. Our serious injury lawyers can assist you with ensuring that the paperwork is done in time and ensure that the victim’s and family’s rights are safeguarded. Our free consultation injury lawyers can provide the right type of legal advice and representation if a lawsuit has to be filed seeking 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.

Car Accidents and Broken or Fractured Arm: What You Should Know

Anatomical Structure: The human arm is the limb that extends from shoulder to the wrist and consists of the upper and lower arm. The upper arm extends from shoulder to elbow while the lower arm from elbow to wrist. The arm is a complex structure that consists of bones, joints, muscles, tissues, muscles, tendons, ligaments and nerves apart from the underlying circulatory system. There are three long bones and several shorter ones. The different types of joints include the ball and socket joints of the shoulders and the hinge joints of elbow and wrist. The long bone, or the humerus is extremely strong, and designed for weight-bearing of up to 140 kilograms. Movement of the arm is achieved by the muscles and joints in specific directions. The upper arm is capable of rotation because of the ball and socket joint in the shoulder.

Causes of Arm Fracture

A broken or fractured arm is a relatively common type of fracture that is observed in most ER rooms in people both genders and of all ages. Fractures occur when the delicate structure of the arm and the bones are distended, deformed or subjected to trauma. Some of the common causes of fracture include:

  • Accidents – fractures caused by impact, twisting or hyper-extension of the limb
  • Falls – on the outstretched arm which puts the body weight on the arm causes fracture
  • Sports injury – direct blows and injury, hyper-extension of limb, twisting can cause fracture
  • Child abuse – fractures seen in young children could be a potential child abuse problem
  • Direct trauma – a blow from a blunt object, being hit by a heavy falling object, trauma during car accidents etc

In car accidents, arm fracture is caused by hitting the hard interiors of the vehicle, by hyper-extension of the limb, twisting, air-bag injury or being crushed between different parts of the car/s.

Symptoms

Following an accident, mild fractures may go undetected. However, any significant pain that does not respond to home remedies and persists for a long time, pain when pressed etc may be indicative of a fracture.

The typical symptoms include:

  • Severe pain
  • Inability to move the limb
  • Obvious deformity is sometimes seen
  • Severe swelling
  • Open wound in case of open fracture where pieces of broken bone pierce through the tissues and skin
  • Decreased sensation in case of nerve damage

Diagnosis

Arm fractures are relatively easy to diagnose and identify. Following a traumatic incident, fall or event, a visit to an ER room will help to diagnose possible arm fractures. The doctor relies on the following to make an accurate diagnosis:

  • Observation and examination
  • Physical examination
  • Patient interview and reporting
  • Gathering details about the traumatic event
  • X-rays
  • CT Scan

Treatments and Management of Arm Fracture

If the diagnosis is confirmed, treatment and management should be started immediately so that the bones set in the correct alignment. Otherwise this could lead to deformity and nerve/circulation damage, restricted mobility and chronic pain. Treatment consists of:

  • Stabilizing the arm with splints
  • Restricting movement with cast (lower arm)  and sling (upper arm) for six weeks
  • Application of ice to reduce swelling
  • Pain relieving medication
  • Medication to reduce swelling

Severe fractures require:

  • Hospitalization
  • Surgery
  • Treatment for blood loss
  • Treatment for lacerations
  • Antibiotics
  • Long-term physiotherapy
  • Nerve damage assessment

How We Can Assist

In case you or a loved one suffers a broken/fractured arm following a car accident, once the immediate medical attention has been provided to the victim, you must seek legal assistance from our car accident lawyers. This is to ensure that you receive the full statutory benefits due to you. In case the accident was caused by the fault or negligence of someone, you need to seek compensation through filing a lawsuit. We can provide concrete evidence about how the broken arm affects your life, mobility, career and economic/social status.

Our personal injury lawyers can assist you with putting together a claim for compensation. They can represent you in negotiations with insurance companies while putting a “value” on the case. Insurance companies may contest your claims and the degree of injury. We can gather strong evidence to show loss of income due to inability to work and we can also help to document the medical costs, hospitalization costs, care-giver and household expenditures directly caused by the accident.

Our no win no fee lawyers can ensure that your rights are safeguarded since in the time following a traumatic event, many victims may inadvertently give recorded statements or provide signed authorizations which could weaken your 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.

An Overview: Brampton Catastrophic and Serious Personal Injury Lawyers

Our law firm believes that if you or a loved one is ever involved in a catastrophic accident or suffers a serious personal injury in Brampton, apart from immediate medical attention, you also need urgent and prompt legal advice from our personal injury lawyers in Brampton.

Legal Terms Defined

In legal terms, “catastrophic injury” is caused by a serious accident and results in severe injuries to the brain, spinal cord, spine, skull. Fractures to the spine and skull also come under this category. They may cause either fatality, severe permanent functional disability or trauma with no permanent disability. It can be caused directly by an accident or indirectly by systemic failure due to exertion, hypothermia, cardiovascular conditions etc. Sports accidents may also cause catastrophic injury. These injuries result in long term consequences for the victim and family/friends. 

Occurrence

A catastrophic injury usually occurs without warning or prior knowledge and it leaves the person injured either permanently or for an extended period of time. Due to severe trauma to the head, neck or spine, there is serious trauma to the central nervous system, resulting in changes to normal functioning of the person. They may lead to paralysis, paraplegia or quadriplegia.

Types of catastrophic injury

  • Severe burns
  • Head and neck trauma
  • Accidental amputation of a limb or body part
  • Multiple bone fracture
  • Eye injury
  • Organ damage

Consequences of Catastrophic Injuries

They can result in blindness, severe mental and emotional trauma, leading to behavioral problems, loss of the use of the entire body or certain body parts. In severe cases, there may be a combination of all these. The Glasgow Coma Scale is one of the tests used to assess brain impairment, and a score of 9 or less qualifies the person for severe brain impairment. Results from other medical and psychological tests that result in more than 55 % disability and impairment are also taken into account. Victims of catastrophic injury are entitled to very high benefits for medical care and rehabilitation. Insurance companies may deny your claims or stop the payment of benefits, which is why you require immediate legal representation.

A typical catastrophic car accident in Brampton recently resulted in the death of the 25-year-old driver and severe injuries to the 20-year-old passenger.

What to do in the case of a catastrophic car accident

  • Immediate medical attention must be given to the injured
  • Notify your auto insurer within seven days regardless of fault
  • Make a statement to your insurance company representative only when you or the injured person is medically able
  • Retain the services of a Brampton catastrophic and personal injury lawyer immediately
  • Ensure that your lawyer hires a qualified, certified Rehabilitation Case Manager to deal with the paperwork

How our catastrophic injury lawyers can help

Our experienced, knowledgeable and skilled catastrophic injury lawyers can begin working on your case immediately. They can put together a strong case for claiming maximum Statutory Benefits and also make the appropriate tort claims for damages if required. Our car accident lawyers can examine all aspects of the case independent of the insurance companies and claims adjusters. We offer free consultation and assessment of the kind of benefits that can be claimed apart from ensuring that you make no payments to us till all claims are settled. One of the benefits of consulting our law firm is that we are firmly on the side of the victims and sincerely believe that justice delayed is justice denied. Accident benefits claim trials may take years to reach a conclusion but we ensure that if there are good chances of settlement, you can benefit from it rather than go through the stress and trauma of a legal wrangle in court.

What we Do

  • We provide genuine assessments and honest answers to all your queries
  • We assist you with expectations management and provide a realistic picture
  • You get a comprehensive idea of how the personal injury claims process works
  • We provide assistance on assessing non-economic damages like emotional trauma, post-traumatic stress, loss of enjoyment of life, mental anguish, pain, loss of career, permanent disability
  • We review and assess all settlement offers from insurance companies
  • We represent you in seeking higher settlements
  • We assist you to claim attendant care benefits
  • We can deal with your and the opposite party’s insurance companies and contest any of their claims

Keeping all these facts in mind, contact our catastrophic and serious injury lawyers immediately to ensure your rights are protected, and that you also get a free, fair and honest assessment of your 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.

Motor Vehicle Accidents and Brain Injury – An Overview

Motor vehicle accidents invariably result in some kind of injury to those traveling in the vehicles and it is extremely rare for people to emerge completely unscathed following such an event. Soft tissue injury, broken bones, laceration, cuts, internal bleeding, brain and skull injuries, organ damage, dental and facial injuries, spine and neck injury, burns, sprains, strains, concussion, contusions etc are some of the physical injuries. Apart from these, there are psychological and emotional problems that could result from an accident, especially a serious one in which fatalities have occurred.

Brain Injury and MVA

Millions of people all over the world are killed in motor vehicle accidents and many millions more suffer minor, major and long-term injuries. Injuries from MVAs are one of the primary causes of long term disabilities and place a huge financial burden on the individual, family and the state. Head injuries are common following head-on collisions, side-swipe, single-vehicle crashes, ATV related accidents, motorcycle and bicycle accidents. In some accidents, pedestrians and bystanders may be hit by the vehicles, resulting in serious injuries. In all these cases, the head region absorbs direct impact and all the forces involved in the accident.

Focal and diffuse injuries are the two most commonly seen types of brain injury following an MVA. Internal hemorrhaging, lacerations and contusions to the brain, skull injury, fracture and swelling are some of results of severe brain trauma.

Brain injury is also the most common cause of death following an MVA. The longest average stay in hospitals arises from brain injury cases. Morbidity in survivors may be of a long-lasting or short term nature. Disabilities include motor, visual, memory loss, hearing, psychiatric, hearing, sensory and cognitive problems.

Legal Aspects of Brain Injury following an MVA

In legal terms, the “case value” of a serious MVA that results in brain injury is extremely high, running into millions of dollars. However, the expenses involved in such cases are also equally high. Medical bills can run into the million range. While assessing a traumatic brain injury case, our no win no fee lawyers can assist you with putting together a strong claim. There is an enormous amount of paperwork that needs to be done. Typically, the expenditure following brain injury would include:

  • Court expenses
  • Independent medical experts’ fee
  • Damage assessment experts’ fee
  • Costs of garnering evidence
  • Costs of interviewing witnesses

These costs could run into hundreds of thousands of dollars, even by conservative estimates, apart from the time and effort involved. Hence, our long term disability lawyers have the knowledge, experience and expertise to make an initial assessment of the case and give you an honest opinion of the merits.

The Complex Nature of Brain Injury Litigation

Since brain injury cases are extremely serious and complicated, they require to be dealt with by experts. Our serious injury lawyers have experience and skill to understand the complexities of this type of injury, deal with medical experts presented by insurance companies.

One of the issues commonly faced by patients is that following a brain injury, there may be symptoms which manifest later on in life. There may have been signs and symptoms which were so subtle that they were initially overlooked, ignored or misdiagnosed. Inexperienced personal injury lawyers may not recognize the significance of these symptoms and may even settle for a smaller amount. Hence you require the services of specialist brain injury lawyers who can interview you and the family to detect any subtle changes in behavior following an MVA. Emotional changes, mood swings, depression, phobias, chronic headaches, slurred speech etc could be some of the manifestations of brain injury later in life.

Kinds of Compensation

As a victim of a motor vehicle accident, whether you were driving, a co-passenger or road user, you can claim different types of compensation, based on statutory, civil and criminal charges. They include:

  • Life-care costs
  • Long-term medical costs
  • Loss of income
  • Loss of future earning capacity
  • Enjoyment of life
  • Loss of companionship, care, guidance
  • Household expenses
  • Care-giver costs
  • Home modifications
  • Vehicle modifications
  • Rehabilitation
  • Occupational therapy
  • Counseling

How We Can Assist

Our firm can work on a multidisciplinary basis, along with medical and hedonic experts to assess the real damage that the MVA caused in both the short and long term to the person and family. Insurance companies have their own legal and medical experts whose duty is to contest your claims, hence you require expert negotiation skills to put forward your claim in the best way. Our disability claims lawyers can guide the negotiation process in such a way as to provide you with maximum benefits.

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.

Brain Damage Lawsuits that bring high compensations

Brain damage is a very scary term parents would not want to hear about their child. It is an extremely challenging condition that leaves very few options for parents and doctors alike to change. Time would be required to investigate into the true flow of events that caused the brain or body system to shut down. The heart might have stopped beating to cut off the necessary oxygen supply to the brain. Brain damage creeps in quickly, even for a few minutes; how much more damage with a few hours if the medical professionals do not take the right steps of actions quickly. Time is of the essence in such cases.

A child suffering from brain damage would be impaired adversely and critically for life. Round-the-clock care must be administered to ensure proper living conditions for the child. The involved hospital may deny all allegations of medical negligence and incompetence, but it would still have to bear certain responsibilities and compensations if the case happened at its premises and jurisdiction.

Perspective from the Hospital and Medical Professionals

The impacted hospital and its medical staff would normally claim that the best health care that was consistent with accepted standards by law has been provided. There would not have been any negligence or malpractice exercised in any undesired brain damage cases.

Hospitals and doctors would hope to execute the best patient outcomes in every medical condition they are put into exercising stringent healthcare standards as part of their medically approved regular process to improve healthcare for every patient.

The medical professionals would claim to be aptly qualified, trained and experienced to handle all types of challenging medical cases involving pregnancies, deliveries and childcare. These physicians would utilize the best of medical facilities and equipment provided at the hospital to facilitate their medical expertise.

It may be difficult to have a medical doctor be alert to various symptoms experienced by the young patient to note and identify the cause of the symptoms as well as make a fast and accurate decision on the best solution to administer in that crucial moment. Experience and skills with a quick decision making skills are all crucial elements that help to establish a great doctor in the medical arena. Wrong diagnoses are common in the heat of the moment where the pressure is high to identify the cause of the medical condition.

However, the high medical fees of medical consultants, physicians and specialists as well as hospital services leave consumers no choice but to demand total safety and desired outcomes from the medical professionals and hospitals they patronize. Hence, the medical industry must be kept alert to perform exceedingly well in meeting the stringent demands and expectations of the consumers for higher payments made.

 

Lawsuits and High Compensations

Many cases have been heard about the increasing number of lawsuits that consumers are pursuing for medical negligence, especially with respect to brain damage cases on babies and children. The Ontario court would rule to favor the plaintiff with millions of dollars in compensation if there is sufficient evidence to prove a medical negligence case against the medical professionals and the hospital.

The high compensation amount is calculated on a monthly expenditure to cater to the care services extended to the brain damaged patient. The money would be utilized to facilitate:

  • Medications
  • Medical therapies
  • Healthcare services
  • Medical consultations and checkups
  • Round-the-clock care
  • Loss of income by patient

It is not surprising for the court to command a high compensation in brain damage cases as the cost of sustaining the patient’s life for life is higher.

Winning the Lawsuit on Brain Damage

Our established law firm offers a strong chance of winning a lawsuit on brain damage based on the consistent and proven track records. We have skilled and aggressive long term disability claims lawyers who are apt in identifying the severity of the medical condition to note the ballpark figure of financial compensation required to help a brain damage patient back on their feet and life if possible. This is because of the past successful cases handled by our no win no fee lawyer services that we render professionally.

A brain damage patient requires high compensation to cover high medical treatments and equipment that could bring a better quality of life to the patient over time.  Our acquired brain injury lawyer is well versed with the medical procedures and medical negligence or malpractices that a physician may be guilty of to claim the high compensation for the brain damage patient.

 

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.

Assessing Damages and Compensations in Personal Injury Cases

You may think that a legal recourse in a personal injury incident may be tedious, time consuming and overwhelming with little results; you are not alone as many consumers think likewise when they are slightly injured through slips and falls. But what if the injury is serious or chronic over time? How would you want to be compensated over the loss of not only finances but good health and abilities over normal life that is now a past?

Professional Legal Consultation on Assessing Damages

It may be difficult for you as an ordinary consumer in Ontario to be able to identify and assess the damages incurred in a personal injury incident to claim your rightful compensations unless you are well versed with the laws and legal system. You may opt to engage an experienced and reliable injury attorney in town to assist in evaluating the case before proceeding with a legal recourse.

Personal injuries could stem from a host of incidences such as:

  • Slips and falls
  •  Automobile accidents
  • Pedestrian accidents
  • Medical malpractices
  • Workplace accidents
  • Hospital negligence
  • DUI
  • Dog bites

The actual severity of personal injury is known through a thorough medical examination with the recommendation of proper medication, therapy and rehabilitation options for a complete recovery over time. This is a long process that may incur high cost. Personal injury patients may lose their earning capacity and capabilities resulting from the accident; hence, time off is required for their body to heal fully to avoid chronic health conditions in the future.

The healing process could take years which impose a burden on not only the personal injured but also dependents and employers. This is where a personal injury attorney could assist securing the necessary claims to fund the medical treatments required for a full recovery. Even simple slips and falls should have a meticulous slip and fall lawyer engaged to look into the circumstances surrounding the incident to assess the damage for proper compensation from the responsible party. Such lawyers are familiar with the conditions imposed on the injured as they manipulate the right legal and authoritative resources available for a favorable compensation to their clients.

Factors in Assessing Personal Injury Damages

A personal injury case in Ontario could trigger monetary damages paid to the injured by the defendant if found guilty or responsible for the incident. The defendant usually has an insurance company acting on their behalf in damages payments especially in auto accidents or slip-and-fall cases. Both plaintiff and defendant would have their respective injury lawyer negotiating for an agreed compensation outside of the court to avoid a lengthy and tedious trial in the court.

 

There are various factors to be considered by both parties engaged in a personal injury damage claim; these include:

  • Nature of personal injury
  • Cause of personal injury
  • Impact of personal injury on working ability and daily living
  • Number and types of dependents of plaintiff

A diligent personal injury attorney assisting in a personal injury case would gather relevant medical health information of the injured from reputed health care providers or acknowledged medical specialist to gain a more accurate personal claim assessment. A stringent review of the case is performed intensively to push the odds to favor the injured for a preferred compensation quantum that would benefit the injured.

Areas of Compensations for Personal Injury Damages

 

An experienced and aggressive no win no fee lawyer is confident of procuring the best of compensations for you who are injured in any personal injury. Such a legal professional is skilled in ensuring a satisfactory compensation outcome for you in terms of finances to ease the high medical expenses that would be incurred from essential treatments and therapies over a time period. The no win no fee lawyer works hard to secure a favorable payout from the defendant or the representing insurance company in order to secure payment of legal fees.

It may be difficult for the inexperienced consumer to put a ball-park figure on their worth when they are injured but the personal injury attorney is familiar in making a satisfactory compensation proposal that covers his fees on legal services rendered. The no win no fee approach is very attractive to the personal injured patient who does not need to worry about high legal fees payment.

A personal injury damage that incurs high cost includes:

  • medication
  • continuous medical checkups
  • simple, intensive, repetitive or intensive medical treatments
  • immeasurable physical pain and suffering
  • psychological trauma and stress

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.

Establishing Public Safety with Mandatory Seat Belts Ruling

Advanced technologies, today brought about the inventions of vehicles which are great for faster mobility from place to place. However, like every other invention, vehicles could be abused by drivers to cause accidents that can cause serious injury to victims.  Although car manufacturers constantly try to improve the safety features of new models through intensive research and better materials, road accidents continue to climb in most cities around the world.

Seatbelts are a great invention that is proven to save lives in most car accidents. Millions of dollars have been invested in its research and development with every new car model to be put on the market. New seat belt technologies offer better materials that protect the wearer better against risks and injuries to avoid death in road accidents. Advanced technologies bring on more dynamic inventions which help seat belts to be an asset in any vehicle for any ride.

Different Seat Belt Technologies in Applications

1) Clamp Technology

This is an innovative seatbelt technology that is deployed in new vehicle models churned out into the market today. It comprises a locking plate that clamps the safety belt in the event of an accident without interfering with the passenger’s comfort.

In an accident, the plate clamps in to prevent webbing from transfer of force to keep the body in place without imposing an excessive load on the person’s chest. The plate also prevents the legs from moving on with the momentum that could be disastrous. The body is better positioned to handle the crash where the air bags are more effective.

2) Active Seat Belt Buckle

This technology is specifically designed for the rear seats where the buckle uses power to release the seats when the rear doors are opened. These buckles are lighted to be identified easily in the dark. When the safety belt in snapped on, the buckle retracts. This allows a good slack around the pelvic and chest to avoid a stiff pull around these areas.

This active buckle works well with the other safety features available in the car where automatic tensioning is activated in a crash.

3) Inflatable Safety Belt

The inflatable safety belt technology is widely popular with many leading car manufacturers. Its design is specifically for rear seat passengers with the belt bag fitted into the webbing diagonal component.

A crash would activate the sensors which in turn inflate the multiple-layered strap to three times its natural size; hence, the inflated bag offers a much larger surface area to lower the crash impact on the body. This would reduce the severity of the injury in a crash.

Accidents that could have avoided Personal Injuries and Death

Road accidents are avoidable with the best of technologies bringing on advanced vehicle models with a host of excellent safety features; nevertheless, the statistics are appalling on vehicle accidents leading to high injuries and death tolls. A few days ago, a 27 year old driver died on the spot after a vehicle rollover after being ejected from his car as he was not wearing his seat belt.

Many reasons account for horrific road accidents that claim lives and inflict serious injuries:

  • Drunken drivers
  • Poorly maintained vehicles
  • Not wearing seat belts
  • Flouting traffic rules and regulations
  • Speeding
  • Reckless driving

Mandatory Laws on Seatbelt Applications

Although mandatory laws on seat belt applications are established and the public is well aware through constant notification, it is mind boggling that road accidents are still on the rise with many injured victims not wearing seat belts. Heavy fines and harsh sentencing of guilty drivers involved in road crashes have been established in every town, city, county and state.

The Ontario Highway Traffic Act imposes stringent road regulations and punishments on those flouting any part of it, but drivers and passengers seem to be turning a deaf ear and blind eye.

Personal Injury Lawsuits from Car Accidents

Our well established legal firm offers successful car accident lawyer services and counsel for those who are involved in car accidents. We diligently investigate the incident independently using our capable resources and facilities to garner solid evidence against the defendant.

Our personal injury lawyer would work closely with the plaintiff in seeking the best of financial compensation for a wrongful death or severe injury inflicted. Our wrongful death lawyer would check if the defendant driver had adhered to all the road regulations like wearing of a seatbelt or driving within the speed limit to claim proper compensation.

We have excellent accident injury lawyers who are skilled in negotiations with insurance companies and defendants as well as present a solid case before the court judge for a favorable outcome. Our court presentation would be related to public safety where drivers should have complied with all the traffic laws in Ontario.

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.

A Legal Approach towards Birth Defects Caused by Medical Malpractices

Having a child is great news, but the joy could turn into anxiety and hurt if the child is born with defects. Birth defects are becoming rampant today, even though science and technology have advanced drastically. This could be due to medical malpractices where medical practitioners have not exercised extra caution or care towards the expectant mother or the growing fetus during the pregnancy.

Medical negligence is a serious allegation on birth defects which consumers may need to understand better before consider a litigation action on the involved parties.

Birth defects or birth injuries in babies

There are various types of birth defects in babies.

1) Brachial Plexus Injury

This refers to injuries to the nerves that control the body muscles. Such a condition could happen at a difficult birth delivery when the infant’s shoulders are wedged against the pubic bone of the mother.

Medical negligence happens when the gynecologist is not careful in maneuvering the baby as it goes through the birth canal. Paralysis of the fingers, arm or hands happen with serious brachial plexus injuries.
2) Cerebral palsy

This is a neurological disorder where the brain is damaged. Voluntary movement and coordination is impacted adversely to cause the child to be a crippled. There is no control of muscles and possible developmental disabilities such as mental retardation and seizures could arise.

Medical malpractice happens when the doctor fails to detect a low oxygen flow to the baby to opt for an emergency C-section.

3) Brain cooling

This medical procedure is normally administered on baby to reduce the possibility of permanent brain damage when the baby is suspected of lacking oxygen during delivery. This procedure lowers the brain temperature of the baby to prevent further brain damage and the brain cells may repair themselves.

Medical malpractice could happen if the procedure is not administered carefully at all times to note the right temperature required to cool the baby’s brain cells.

4) Brain injury

A brain injury could happen through:

  • A lack of oxygen to the baby’s brain
  • A physical injury to the brain caused by the wrong use of the tools the gynecologist used in a challenging delivery

Medical malpractices could be the doctor’s negligence in anticipating for a difficult delivery with the best of delivery alternatives readied.
5) Developmental disability

This condition may only be noted when the child fails to achieve the normal development abilities such as:

  • Crawling
  • Walking
  • Talking
  • Learning
  • Certain social skills

Medical negligence involves the doctor, not meticulous in checking the baby’s brain condition during and after delivery. Developmental disabilities are formed from trauma or hypoxia experienced by the brain during delivery.

6) Gestational diabetes

This is a sugar metabolism problem that is common in pregnancy where the mother had no symptoms of diabetes before and during the pregnancy. However, the mother could become diabetic just before or during delivery, which poses a high risk to the mother and child.

Medical negligence involves a presumption that the mother is a non-diabetic. A difficult labor could induce a higher sugar metabolism to cause the mother to be diabetic and incur potential injuries to the baby to be delivered.

7) Intrauterine Growth Retardation

The size of the fetus must be carefully monitored to identify intrauterine growth retardation. There are many possible causes for this condition so the doctor needs to be meticulous in checking the mother’s weight to the baby’s size throughout pregnancy. Failure to do so would cause a miss out on intrauterine growth retardation which makes it difficult for the baby to be delivered safely.

Legal Assistance in identifying Medical Malpractices causing birth defects

We understand that every pregnancy is unique, but the joy of a new baby could be extinguished easily when a birth defect is discovered; sometimes when it is too late after delivery. We are an esteemed law firm that handles complicated cases like birth defects caused by medical malpractices to fight for parents’ right to compensation.

Our law firm has expert lawyers in birth defect litigations where our hospital negligence lawyer and medical specialists are able to identify the true causes of birth defects on behalf of the family. Our resources are sufficient to prove medical negligence or malpractices by attending doctors and hospital staff during and after pregnancy. We have specialized disability claims lawyers to challenge medical professionals responsible for birth defects in babies. Our personal injury lawyer is prepared to take on any challenging birth defect case to add on to our proven track record in this field.

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.

Bus Accidents: The Legal Perspective

The recent accident in Vaughan involving a Brampton Transit bus and an SUV which injured nine people has been a cause of concern for civic authorities and the general population. Investigations are on to determine the cause of the collision, which resulted in the bus veering off-road, plowing through a ditch and hitting a chain-link fence of a commercial property on Highway 7 in the early hours of the morning.

Bus accidents are alarming because they involve many people and can occur in a matter of seconds without any warning whatsoever. People on board may be engaged in different activities – reading, talking/texting on their phones, listening to music, knitting, dozing etc. The passengers may be senior citizens, people with disabilities, children, babies or pregnant women. All these factors add to the casualties when an accident takes place.

What To Do After A Bus Accident

  1. The first and most important priority after any accident is to get immediate medical assistance. A nearby hospital can be of great help and ambulances must be called to transport the injured. Many injuries like whiplash and spinal contusions, sprains/fractures etc may not be immediately obvious to lay people, and only trained medical personnel can attend to them. People should be moved carefully to avoid any further hazards. Bleeding and pain can be attended to immediately by first-aid methods.
  2. If you or a loved one is involved in a bus accident, remember to take photographs as soon as possible. Since most people have cellphones these days, ensure that someone takes pictures of the accident, position of the vehicles, street conditions, position of the injured (with their permission), broken or damaged parts of the bus, should all be recorded either on video or still camera and carefully preserved.
  3. Note down all relevant details about the driver and the bus. The bus number and other relevant information should be noted down. If the driver is able to give his name, address, license number etc, someone can make a note of these details too and also information about any other transport officials on the bus, like conductors or attendants etc.
  4. Seek legal assistance. Ensure that you get help from an Ontario bus accident attorney or a personal injury lawyer as soon as possible. This helps to safeguard the rights of the injured and identify the circumstances and those responsible for the accident.

Seeking Compensation

The insurance laws were recently modified which could limit an injured person’s right to seek compensation. Injured persons must claim compensation from their own insurance companies under “no-fault compensation.” Additionally, they can also seek compensation under a tort claim against the driver, the transportation company and/or the other driver for causing the accident. This is quite a convoluted process, as Ontario’s vehicle accident claims regulations are among the most complex in the world!

Compensation claims for minor/serious injuries include:

  • Medical and rehabilitation costs
  • Loss of income
  • Care-giver expenses
  • Household Maintenance
  • Self-care expenses
  • Pain and suffering
  • Future income loss
  • Extraordinary future health care costs
  • Out of pocket expenses
  • Interest
  • Legal costs

There are many different levels and types of claims and benefits available under the above categories as well, based on the type of injury or impairment. Insurance companies would obviously attempt to limit the pay-outs and could contest the claims of the accident victims. Tort claims are also paid out by the insurance company of the person/s accused of causing the accident.

How We Can Help

It’s important to remember that there is a time limit within which the injured person has to notify those considered responsible for the accident that he/she would be seeking compensation. Time limits within which compensation claims have to be filed must also be remembered. Unfortunately, establishing who was responsible for the accident takes time and resources which individuals may not have, hence an experienced law firm like ours can assist you.

Our accident injury lawyers and legal teams can help to put together a strong case by identifying the person/s or circumstances actually responsible for the accident. Our free consultation injury lawyers can assess the facts of the case and give you a genuine report on the merits and possible benefits. We can:

  • Establish liability
  • Identify the proper person/s to seek compensation from
  • Gather relevant evidence
  • Arrange for witnesses/experts testimony
  • Send notices
  • Work within time-frames and guidelines
  • Negotiate with insurance companies

Our no win no fee lawyers can assist bus accident victims to safeguard their rights and claim 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.

Alcohol and Its Impact on Human Behavior : An Overview

Alcohol is something that almost everyone enjoys in social situations and as a relaxant. In many cultures, alcohol is part of important social and family events and serving alcohol is considered to be part of the duties of a good host. However, like all things, when consumed in excess, the very same alcohol that induces such good feelings and fraternity can turn into a demonic force that alters our lives forever.

How Alcohol Works

  • In very simple terms, alcohol is a beverage that contains the psychoactive drug ethanol. This means, it has the capacity to alter moods and behavior. Alcohol is classified as a depressant – which means it slows down the pace of activity in the central nervous system, resulting in a slowing down of speech, cognitive and sensory capacity, affects motor skills, judgment, perception of reality and reaction time. While all these effects are not harmful if the drinker is confined to a particular space, it can cause enormous back-lash when the person moves around.
  • Alcohol also affects the mood in unpredictable ways – some people become more aggressive, argumentative and violent, less inhibited sexually and socially, become extremely indiscreet and noisy, causing disturbance and nuisance to others. Excessive consumption leads to disorientation, dizziness and inability to stand/walk/move etc. The after-effects are equally deleterious – headache, nausea, drowsiness, visual disturbances, depression, irritability etc.
  • Another factor is that alcohol is an addictive drug. People can become dependent on it and turn into alcoholics.
  • It is absorbed into the blood-stream and travels to the brain within minutes where it begins to affect the functioning of the brain and central nervous system. Only 20% of alcohol consumed is absorbed by the body and the rest is transported to the liver which metabolizes it into a non-toxic substance. Over-indulgence damages the liver, leading to cirrhosis and death. Excessive alcohol can cause death due to retardation of the respiratory system.
  • Young people are more severely affected in the long-term, since alcohol affects critical brain development stages. They are also less able to absorb the social implications and may engage in more deviant, reckless and aggressive behavior.

Drinking and its Impact on our Lives

The mild “high” that we get from a couple of drinks could cause minor accidents like slip and fall, aggression, spilling things, damaging property, etc but when we operate a vehicle under the influence of alcohol, it can have serious and life-changing consequences. It also induces you to take risks, ignore warning signs, impairs your judgment, vision, hearing and speech. One of the worst problems that alcohol can cause is that it alters your perception of reality – hence we feel we’re in control, the distance isn’t much, it’s a quiet road and we become over-confident.

Impaired Driving Consequences

At the very least, we can be stopped for a DUI (driving under the influence) or for Impaired Driving. While this is still a federal crime in Canada, an accident caused by impaired driving can have more serious repercussions not just on the drinker’s life, but on that of several other lives too: that of co-passengers, road-users, property owners etc. Canadian laws are very strict regarding drunken driving and studies have shown that it costs billions of dollars in taxpayer and individual terms.

Governments across the world have put in strict terms for reducing alcohol-related driving. Testing blood alcohol content (BAC) is the basis for undertaking criminal proceedings against drivers. BAC of 0.08% in the blood-stream is the point at which alcohol impairs the ability to drive safely. Hence, when this level is exceeded, criminal proceedings are initiated.

The cost to victims of an alcohol-related accident can be devastating. Loss of income, future prospects, physical and emotional trauma, loss of career, medical and rehabilitation costs, loss of care, guidance and companionship, pain and suffering, long-term care-giver costs etc place unbearable financial burdens.

If you/a loved one is an alcohol-impaired accident victim, our free consultation injury lawyers can assist you to claim compensation. Complete statutory benefits can be claimed, civil and criminal liability can be established by our car accident lawyers. Our no win no fee lawyers can ensure that your rights are protected while we put your claim together. 

Tips to Avoid Alcohol-Impaired Accidents

  • Enjoy your leisure, but responsibly
  • Avoid mixing drinks
  • Drink with friends and familiar people
  • Never operate machinery/vehicles or go to work drunk
  • Don’t take unnecessary risks
  • Avoid getting into vehicles if driver is impaired
  • Avoid alcohol induced sexual behaviors
  • Behavior is impaired even after the drinking session

If you you or your loved ones have been injured by a drunk driver, 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.

Drinking And Driving – The Real Cost

Impaired driving, DUI (Driving under the influence), drunken driving or whatever the term may be, it remains one of the largest burdens on society in terms of social, emotional and financial cost. In Canada, extensive studies have been conducted to measure these costs and the results are shocking. Research conducted more than five years ago put the cost to governments, individuals and taxpayers at billions of dollars in:

  • injuries
  • property damage
  • traffic delays
  • additional costs in medical rehabilitation and care
  • burden on families
  • health-care systems
  • police
  • fire-departments
  • roads and infrastructure
  • para-medical systems
  • law enforcement
  • courts and the legal system
  • towing and storage fees for accidents

Federal Offense

Impaired driving is a federal criminal offense. People entitled to drive a car, truck, boat, bus, van, snowmobile, aircraft, vessel or railway transportation, etc, must have care and control of the motor vehicle. Operating the vehicle with more than 0.08% Blood Alcohol Content (BAC) is a crime, punishable with prescribed penalties. Additional charges are included if you refuse to give a sample, fail to stop after an accident, cause an accident with bodily harm to others including co-passengers, engage the police in pursuit or drive when you’re prohibited.

How Impaired Driving Affects You

People in general who are law-abiding may assume that since they don’t drink and drive, these costs don’t matter to them. However, the reality is that every tax-paying citizen is directly or indirectly affected by this crime. In terms of specific costs, impaired driving has an impact on:

  1. Insurance: Conviction for drinking and driving can scale your insurance costs up dramatically. Your car insurance premiums could escalate more than 200% based on your age and the kind of crime you were charged with.
  2. Legal status: Impaired driving is a criminal offense and can stay on your record for at least 5-6 years, regardless of whether you win your case in court or not. This continues to impact your social/professional/financial status and affects your insurance premiums. If you’re convicted of a second and third offense, you may face life-time driver’s license suspension, jail term, fines and innumerable legal and court costs. The legal process can drag on for years, inconveniencing you and restricting your movements. You will also have to compulsorily attend rehabilitation and educational programs.
  3. Financial: Impaired driving is a very expensive crime to defend and face. Fines begin at $600 for conviction in a first offense and apart from this, you have to pay for reinstatement of your license, fees for installation of ignition interlock device along with regular monthly payments for recalibration and monitoring, payment for rehabilitation and educational programs, bail-bond costs and huge costs of using alternate transportation while your license is suspended. Costs of premiums can also become higher and some portion of this is passed on to general consumers too.
  4. Taxation: Apart from personal costs, the burden on taxpayers increases as a result of the burden on law enforcement, prison costs, judicial and administrative costs.
  5. Property costs: Damage to government/private property and vehicles rise, as the cost of installing guard-rails, signs, etc increases.
  6. Human cost:  Nearly 2000 people are killed across Canada annually and many more injured. It indirectly affects more than 70,000 people every year in some way or other, either in terms of injuries, losing a loved one or an earning member of a family. Medication costs, care-giver expenses, alterations to home and office, disability assistive technology, therapy costs and extended hospitalization costs can deplete a family’s financial reserves and prospects, apart from the human cost of pain, suffering and grief.

Victim Costs of Impaired Driving Accidents

If you or a loved one has been involved in an accident with an impaired driver, the costs can be huge too. Sometimes, serious injuries or death may be a result of such an accident. Based on the circumstances of the case and nature of injuries, some of the expenses that victims face include:

  • Loss of income/job/career
  • Disability costs
  • Loss of future earning
  • Loss of companionship, care and guidance (in case of death)
  • Medical and rehabilitation costs
  • Care-giver costs
  • Household maintenance 

How We Can Assist

Our skilled and experienced accident injury lawyers can help you as a victim of impaired driving to seek compensation from statutory benefits, civil and criminal lawsuits against the person/s responsible for the accident if they were driving impaired. Our no win no fee lawyers provide a thorough assessment based on the merits of your case, along with specialist personal injury lawyers who can assist you with your claims.

If you you or your loved ones have been injured by a drunk driver, 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.

Impaired Driving in Ontario : Facts and Legal Information

As vehicle and road technology advance, more and more people have access to high-speed vehicles. Today, people have the financial resources to purchase high-end vehicles that can reach amazing speeds and people are able to do this at almost all levels of society and age. Early, luxury/premium vehicles were available to only the upper echelons. Road conditions are also highly advanced these days, with traffic moving through all kinds of geographies and weather conditions. All these make driving a risky proposition at the best of times. Added to this, if the driver is impaired by consumption of alcohol, drugs or prescription medication and not in full control of reflexes, this could have serious consequences.

Ontario takes a very serious view of impaired driving. Impaired driving involves operating a vehicle (including boats, snowmobiles, ATVs, motorcycles etc) while under the influence of an intoxicating substance, resulting in the impairment of motor and driving skills, judgment, reflexes, cognitive and sensory inputs and emotions. Another quality that alcohol confers on users is that it could make them over-confident, reckless and aggressive. People ignore warning signs, suggestions from friends/family and feel that they are in full control of their senses.

Impaired driving is considered a crime in Canada, which results in a range of penalties, based on the circumstances of the case and previous record of the accused.

Procedures

If a police officer observes a driver on the road (driving or parked) behaving in an unusual manner, or has reason to suspect that they have consumed alcohol/drugs within the past three hours, they can ask for the driver to be subjected to a provide breath samples. If an accident has occurred, the police are entitled to collect blood samples. Physical co-ordination tests may also be demanded in field sobriety testing. Blood and urine samples are demanded if drug induced intoxication is suspected. These samples are then tested. Refusal to provide samples or co-operate in the testing process carries its own penalties.

Based on initial suspicions/observations, the impaired driver is arrested and taken to the police station for booking. Finger-printing, photographing, searching and questioning are carried out. Preliminary hearing, trial and sentencing follow.

As a victim of an impaired driver, you need to get immediate medical attention and legal representation to ensure that your rights are protected and that all relevant facts are immediately recorded accurately. If death or serious injury has occurred, the next of kin should take care that legal representation is sought as early as possible and there should be no communication with the other party, their legal representatives or insurance company without the presence of your personal injury lawyer. 

Penalties for Impaired Driving 

The penalties for drinking/doing drugs and driving are very harsh and intended to punish the convicted person and also act as a deterrent. Nearly 15% of all criminal charges in the country are for impaired driving which makes it the biggest offenders’ group. Conviction leads to imprisonment, fines and/or loss of license. Fully licensed drivers may face immediate roadside suspension if they refuse to take an alcohol level determination test and if the test results show a Blood Alcohol Content (BAC) of +0.05%.

Penalties are based on the circumstances of the case, previous record and type of injury and damage caused. If children are involved, additional charges are included. General charges include:

  • Fines
  • Restrictions on driving privileges
  • Suspension of driver’s license
  • Installation of Ignition Lock Device
  • Probation
  • Education/counseling
  • Community service
  • Assessment and treatment programs
  • Imprisonment

Additionally, family law consequences may also apply – the impaired driver can lose custody of children. Insurance benefits may be reduced and no-fault earnings benefits are denied. Open-ended liability for third party injuries and losses and other devastating financial consequences may result from a conviction for impaired driving. 

How We Can Assist

If you or a loved one has been the victim of impaired driving, our car accident lawyers can begin working on putting together a strong case for compensation in both civil and criminal courts. Our legal team can ensure that your rights are protected, that the right people/agencies are named in charges, sufficient evidence and testimony from eyewitnesses and experts are gathered and we represent you in all discussions with insurance companies of the impaired driver.

Our no win no fee lawyers can make a thorough initial assessment of your case and give you a genuine perspective on the merits of your claim. We can assist you in filing the paperwork within the designated time-frame and also conduct negotiations with the insurance companies.

If you you or your loved ones have been injured by a drunk driver, 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.

Keeping Our Kids Safe: Back to School Tips

Come September and it’s back-to-school time for kids (parents and teachers, too)! With more children biking, driving, bussing or walking to school, every parent dreads that phone-call saying there’s been an accident and their kids have been injured. As road-users and drivers, we have a bigger responsibility to be more vigilant during start and end times and lunch-hour of schools, when the roads are crowded with kids of all ages running to catch a bus, walking in unruly groups, driving or wobbling along on their bikes.

Tips for Drivers: Pedestrian injury is one of the highest causes of injury-related death among children in Canada. As a driver, you need to be aware that traffic gets heavier when schools re-open after the summer break. There may be many more young drivers on the roads, who have just got their licenses and are still inexperienced.

  1. Never disobey School Zone signs and speed limits: Remember that children are less vigilant and more easily distracted than adults. Hence you need to drive carefully throughout the day around school zones. Children also tend to dart out suddenly from behind parked vehicles or while getting off a bus.  Be prepared to stop suddenly, so keep your speed down.
  2. Always heed the Crossing Guard: It’s the duty of the crossing guard to ensure children’s safety. Children are trained to assume that it’s safe if the crossing guard tells them to cross. Sometimes the traffic lights may be green but if the crossing guard puts up a stop sign, it’s wiser to stop because there may be a kid crossing whom you can’t see.
  3. Be Patient: Watch out for children waiting to cross and remember that they may not be as fast as you’d like, especially the little ones. Try not to pass other vehicles in the school-zone.
  4. Watch out for the School Bus: When the bus lights are flashing, remember that kids could be getting off and darting about. They have a reduced sense of danger and are usually in an excitable, energetic state after the long bus ride.
  5. School parking-lot: If you have to visit the school, park outside if possible and walk across, because the school lots are congested and it’s quite stressful to watch newbie drivers reversing and negotiating turns! 

Tips for Parents

  1. Teach your child the rules: As soon as they’re old enough, make your child aware of road safety rules and the hazards of the road. They should cross only at designated areas, obey the crossing guard, and never come out from behind a parked vehicle. They should never play on the street after getting off the bus/car.
  2. Set a good example: Talk to your kids while you’re out walking on the streets. Show them the crossing areas, curbs, traffic signals, policemen, road markings etc and lead by example. Don’t break rules yourself and expect your kids to learn the right thing.
  3. Cycling: If kids are cycling to school, insist on protective gear. They should ride only on designated bike paths and avoid driving at night. While crossing a road, it’s better to walk the bike across than ride.
  4. Railway crossings: if your kids must cross rail-tracks, ensure that they know the safety rules.
  5. Distractions: Talking on phones, texting, grooming, eating, drinking or chatting with co-passengers are to be avoided.

Bus Rules: As accidents usually happen off the bus, ensure that your kids are at the stop at the right time, neither too early nor late. They should walk at least 3m in front of the bus while crossing in front of it, and never from the rear. Inside the bus, children should never “horse around” or be out of their seats. Never put heads/arms out of windows, and avoid fighting, eating, drinking, playing inside. Obey the driver always. 

How we can Assist 

Teachers, bus-drivers and school staff have a duty of care to children during school hours, since parents are legally obliged to ensure that kids are in school until the age of 16. It’s assumed that schools play the role of prudent, substitute parents during school-time. If your child is injured while at school, after attending to medical matters, seek immediate legal advice. Our personal injury lawyers can assess the case and represent you in all matters of seeking rightful compensation. Our car accident lawyers can collect relevant evidence and assist you to negotiate with insurance companies. A free consultation injury lawyer provides the right advice and takes up the case if you so wish later.

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 Independent Medical Exam: What You Need To Know

If you or a loved one has been injured in an accident and you’re filing a suit against the other driver, you will have to undergo an “independent medical examination” (IME) conducted by the opposite party’s insurance company. IME is a mandatory requirement to establish certain facts for the defense and the insurance company.

Apart from accidents, IMEs may be ordered in certain other types of cases such as child custody cases, to establish whether the parent is stable enough to be granted custody.

The Purpose 

When a personal injury or accident-related lawsuit is filed, it seeks to establish the fault of the other party. In the course of this, the victim makes certain claims about the injuries suffered in the accident. The defendant in this case, the driver who caused the accident, is represented by his/her legal counsel and also his/her insurance company. It is the insurance company which must make the payments in case the verdict goes against their client. Hence, they have to be fully convinced about the veracity of the victim’s claims. Their own doctors/medical professionals/designated hospitals conduct the IME, although the victim would have already undergone medical treatment in some other place.

Assumption of Bias 

After an accident, the victims are taken to a doctor/hospital of their choice, examined and given treatment. In this regard, the defendant’s insurance company may feel there is a certain amount of bias involved and that the victim could persuade medical staff to inflate the nature of injuries for enhancing compensation. In some cases, the victim may not yet have been medically examined, so the insurance company would prefer its own people to do it.

Judges in some cases may order IME if the medical testimony is in dispute. It is usually the insurance company that requests it.

Who is Qualified to Conduct IME?

The medical professionals qualified to conduct IME may vary between different jurisdictions. Generally, MDs and DOs are considered to be appropriate. Psychiatrists cannot conduct them but they can conduct an independent psychological examination. The person who conducts the IME must preferably have:

  • Medical knowledge, qualifications and training in the specific area relevant to the injuries
  • Credentials and experience in conducting IMEs 

Legal Aspects

Though the victim can refuse to take an IME, in most cases, it is recommended that they do not, as it could be the basis of further delays and litigation. The judge can also compel the victim to take it, when a lawsuit is filed based on the injuries suffered in the accident. The procedure consists of:

  • Sufficient notice should be given to the victim about time, manner, location and scope of IME
  • In general only one IME is permitted, unless there are specific issues with the first one
  • It is paid for by the defendant/defendant’s insurance company
  • The same IME examiner should be available for cross-examination during trial or deposition
  • Both parties have a right to review the reports
  • Reports are to be in a specific format
  • It should give details of conversations with the examinee
  • There should be complete details of examination, testing, diagnosis and medical findings

Guidelines for Appearing for an IME

Our law firm can assist victims with preparation and all aspects of appearing for the IME. Our personal injury lawyers have the skill, knowledge and experience of helping with the initial paperwork, filing papers in the stipulated time-frame and ensuring that your rights as a victim are safe-guarded. Our no win no fee lawyers can represent you every step of the way in the litigation process, including the IME. Some important tips to be remembered before the IME:

  • Be on time
  • There is no need to be nervous
  • Bring a witness or your own physician along with you to the IME
  • Carry all relevant medical records with you
  • Be scrupulously honest, polite, pleasant, co-operative
  • Ensure that all information is correctly recorded
  • You can give Yes/No answers wherever applicable
  • Remember that everything you say, do, express non-verbally is being recorded and analyzed
  • Examining doctors use subtle techniques to test mobility, such as dropping things for you to pick up, watching you while you stand, sit, walk, open doors, read, etc outside their waiting rooms too

 

Our car accident attorneys can assist you with getting prepared for the IME by going over the details:

  • How and when the accident occurred
  • Your medical history
  • Description of your injuries
  • Symptoms and pain
  • Activities that the injury prevents you from doing

 

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.

Cycling-Accident Related Deaths – A Legal Perspective

The recent death of a cyclist in Toronto following a fatal collision with a car was shocking and frightening. The driver of the car did not stop, but continued on his way in a damaged car and only turned himself in the next day. Meanwhile, residents and law enforcement agencies were struggling to come to terms with this accident, the third one to happen this year. Civic authorities were in fact in the process of putting in extra infrastructure like bike lanes to encourage more people to take up cycling for commuting and fitness. Ontario is blessed with thousands of kilometers of roads suited for cycling as recreation, sport and commuting.

Accident-related deaths have a devastating effect on the family and friends of the victims. Though road safety is a global public health issue, among all road users, cyclists are perhaps the most vulnerable. They are nearly ten times as likely to suffer fatal injuries following an accident as compared to occupants of motor vehicles. In many cases, the victim was a person in the prime of life, in perfect physical and mental health, passionate about the outdoors and sports. Often, they may have just been out for a leisurely ride to relax after a hard day’s work at the office.

Nearly 26,000 people in Ontario visited the ER in cycling related accidents and injuries and it is the opinion of health-care professionals that each one of these could have potentially been fatal. They also feel that while these accidents could not have been predicted, they were certainly preventable. As a result of the perceived dangers of cycling, civic authorities fear that people are less likely to cycle and more likely to discourage loved ones from cycling too.

Cycling Deaths: Some Facts

  • More than two-thirds of cycling deaths took place in urban environments.
  • Nearly fifteen per cent of deaths involve children.
  • A significant time for accidents seems to be late evening or early night – between 8-10 pm, but most accidents took place in the daytime.
  • Those who were killed as a result of head injury may not have been wearing a helmet.
  • In nearly half the number of cases, the fault was established as being that of the vehicle driver and that of the cyclist, while in the remainder of cases, the fault is evenly distributed between driver and cyclist.
  • Majority of accidents occur in clear weather, dry roads, good visibility.

Regarding some of the commonly identified causes:

Cyclist contribution:

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

Driver Contribution:

  • Age of driver
  • Speeding
  • Inattention
  • Texting/Talking on Cellphone
  • Grooming/Eating
  • Chatting with co-passengers
  • Medical condition
  • Alcohol/Drug impaired
  • Car-door opening
  • Failure to yield
  • Road rage
  • Poor visibility
  • Road conditions
  • Unsafe behavior such as shouting, yelling and distracting cyclist
  • Unsafe lane changing
  • Tail-gating

Knowing Your Rights

As the family of a cyclist killed in a fatal accident, you are entitled to claim certain benefits. Apart from statutory benefits, if you can establish the fault of the driver involved in the collision, you can sue for several categories of damages:

  • Funeral Expenses
  • Medical and hospital expenses if any
  • Loss of shared family income
  • Loss of guidance, care and companionship
  • Loss of household value as a handyman or other services performed by the deceased
  • Other death-related expenditure

The City itself must give compensation as it has a duty to provide safe passage for all cyclists. It is also responsible in keeping roads and public amenities in good repair. This includes alignment of the road, its environs, obstacles and signage. Ontario laws provide the same rights to motorists and cyclists as road-users.

We Can Help

If you have a potential claim against the City, you must file your claim within 7 days. Our experienced catastrophic injury lawyers have the knowledge and expertise to make sure that all such deadlines are met. Most families are so traumatized by the events that they fail to come forward in time to make their just claims for compensation.

Our wrongful death lawyer can help you to safeguard your rights and the reputation of the deceased, as the survivors of a family that has lost an important member. Our no win no fee lawyers provide their services free of cost till your case reaches a satisfactory settlement, with 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.

Serious Back Injuries and Your Legal Rights

If you’ve had to take a large amount of time off from work due to back injuries, it can have a ripple effect on other parts of your life too. It can put a big financial burden on you and your family, interrupt your career, affect your long-term job prospects, affect your relationships and could even lead to emotional disturbances.

The Workplace Safety and Insurance Board of Ontario estimates that at least 25% of all claims causing people to take time off work are related to back injuries. These types of injuries can have long and short term effects on mobility and general well-being, and consequently on your ability to work. Some injuries may be self-limiting and self-healing, but many injuries which start off as minor problems could escalate into a health hazard if left untreated.

Types of Back Injuries

Some of the commonly reported back injuries are:

  • Spine/spinal cord injury
  • Painful spasms
  • Slipped/bulging/herniated discs
  • Nerve damage
  • Fractures
  • Sprains, strains
  • Paralysis 

Effects of Back Injury

Apart from the pain and discomfort, back injury can have several other effects including:

  • Loss of bowel and bladder control
  • Loss of sensation in limbs or tingling
  • Nerve damage
  • Inability to feel heat, cold etc

How Are Back Injuries Caused?

Our backs are engineering marvels, consisting of a sophisticated system of muscles, bones, ligaments, nerves and cartilages. Damage to any one of these can affect the rest of the system. There are a host of reasons why back injuries are caused in the workplace. It’s not necessary that a back injury is caused by a particular event or accident. Often, long hours of sitting or working in fixed positions, on non-ergonomically designed furniture, moving heavy items, sudden lifting etc can cause a strain or ligament tear that leads to further problems if it’s not properly attended to.

In general, back injuries are caused by force, repetition and posture. Some causes of back injuries can be divided into:

Accident-related: Slip and fall, blows to the back, gunshot, sports-injury, vehicle accidents, assaults, lifting a heavy load, jerks while moving a heavy object, loads that suddenly slip or shift while being moved, hitting one’s back, neck or shoulders against a cabinet or shelf are some of the typical scenarios which cause back injuries.

Non-Accident-related: These usually develop over time and are a result of awkward positioning of the body. For instance, slouching at the desk, poor body mechanics, repetitive movements of a particular part of the body, prolonged sitting or standing in certain positions and fatigue are some of the examples of non-accident-related back injuries.

Job specific: These injuries are caused by certain jobs that are physically demanding and put an excessive strain on the back muscles. For instance, nursing and heavy industry work requires lifting and shifting of heavy loads, long hours of standing, constant variation in weight etc. Jobs in fire-safety or accident relief put tremendous strain on the back, neck and shoulder muscles while rescuing victims. The construction industry is another place where the body is put under a lot of strain.

Sedentary jobs: In recent years, the IT industry and use of computers, laptops etc at work has meant that more and more people are engaged in sedentary occupations, involving excessive sitting in office chairs, often in a single position, with very little opportunity for the back, neck and shoulder muscles to relax.

What to Do When You Suffer Back Injury

If you or a loved one suffers from back pain that you believe was caused by an injury, you are entitled to seek compensation regardless of fault. You can claim accident benefits from your insurance company for income, medical and other statutory benefits.

If the back injury was caused by a particular person/event, you are entitled to file a lawsuit and claim damages for:

  • Health care expenses
  • Home maintenance and household expenses
  • Economic loss
  • Loss of income/earning capacity
  • Pain and suffering
  • Home and vehicle modification
  • Other types of damages
  • Care-giver expenses
  • Rehabilitation and physiotherapy
  • Massage
  • Compensation for family members

How We Can Assist You

Following a back injury, you need to seek legal advice as soon as possible. Our free consultation injury lawyers can assess the facts of your case and give you an honest assessment regarding the merits. Our personal injury lawyers have the medical and mechanical knowledge of back injury cases and can help you to put together a strong case.

Our accident injury lawyers are focused on getting you the maximum possible compensation while safeguarding 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.

Head-On Collision: Know The facts

When people talk of serious or catastrophic accidents, what comes instantly to mind is “head-on collisions.” These are perhaps the most disastrous of accidents and it’s very rarely that people emerge unscathed from them. Serious injuries and/or death to at least one or two persons is inevitable because of the sheer impact and the physics involved. Though head-ons are relatively rare, the fall-out is enormous in terms of loss of life, injuries, property-damage, medical, rehabilitation and legal costs.

What Are Head-On Crashes?

Also known as lane-departure or road-departure accidents, head-on collisions happen when two vehicles traveling in opposite directions at high speed collide and the force of impact is doubled. Both vehicles suffer extensive frontal damage and all passengers, whether in the driver’s seat or in the rear seats, are affected. This happens when one of them crosses the median or central divider knowingly or unknowingly. Sometimes, head-on collisions are caused by one vehicle in a roll-over accident crosses the median and falls in the path of oncoming traffic.

Why Are They So Devastating?

In terms of physics, when there are two objects traveling in opposite directions, the momentum at the point of a crash becomes equal and opposite in direction. So there is double force sustained by both drivers and the injuries are of a much more serious nature. When the vehicles collide, they rapidly decelerate, while the bodies inside are theoretically traveling at the original speed and they crash into the solid parts of their own vehicles at that speed.

Collisions rarely happen dead-square, which means that the vehicle goes into a spin mode, endangering co-passengers and the side portions of the vehicles. This may also cause passengers to miss the airbags, which inflate square-on.

Glass, metal shards and hard-plastic are shattered into flying missiles, causing deadly injuries, while the impact of the crash may also causes the bodies to be thrown out.  Sometimes, the injuries are internal. Persons may walk away from the accident but may suddenly collapse twenty-four hours later due to severe internal damage, bleeding and organ injury.

Spinal, brain, dental and facial injuries, lacerations, whiplash, airbag injury, concussion, contusions, impact injuries to the trunk and thoracic region, limb amputation, fractures, broken bones, loss of vision, damage to skull, neck and torso are all very common injuries in head-on collisions, which is why they are usually life-threatening.

Causes

Statistics prove that head-on crashes, contrary to popular assumption, occur most frequently on rural roads, undivided two-lane roads and not always during passing maneuvers. Traffic and law enforcement authorities cite many reasons for head-on collisions:

  1. Inattention: Talking on the phone, texting, sleep loss, fatigue, ill-health, chatting with co-passengers, distracted by loud music.
  2. Speeding: Fatal head-on collisions almost always result from high speed driving.
  3. Alcohol/Drugs: Impaired driving is one of the primary reasons.
  4. Unfamiliar roads: Drivers unfamiliar with the roads, coming up on wrong ramps/inter-junctions/interchanges, traveling too fast on curves, missing warning signs, etc
  5. Negligence/Loss of Control: Driver is reckless, rash and negligent, disobeys traffic signs, rules and drives dangerously.
  6. Road-rage: Collisions can happen when a driver is impatient and passes a vehicle too hastily or deliberately fails to pass.
  7. Road and Weather Conditions: Poor visibility, bad weather, night-time driving, thunderstorms, snow and slippery roads.
  8. Construction Zone: Detours, falling debris, crowded areas and poor visibility

Compensation and Legal Aspects

Head-on collisions are terrifying in their suddenness and in the consequences that result. Often, survivors themselves may be immobilized by serious injuries. Amputation, burns, severe physical and emotional trauma etc mean long-term hospitalization. Family members of those killed are often grief-stricken but their rights may be compromised if they delay. Our serious injury lawyers can assist with the correct legal advice.

However, head-on collisions are accidents which are considered preventable and the cause of the accident can usually be clearly established. Ontario offers statutory accident benefits but apart from these, if the crash was caused by negligence, a lawsuit can be filed against those who caused the accident.

Our catastrophic injury lawyers can ensure that victims are fully and equitably compensated for:

  • Present and future medical costs
  • Rehabilitation
  • Property damage
  • Loss of present and future wages
  • Loss of earning capacity
  • Household expenses
  • Care-giver expenses
  • Vehicle and home modifications
  • Counseling and psychiatric costs

In the case of death:

  • Loss of companionship, care and guidance
  • Loss of the services undertaken by the deceased like chores, handy-man assistance
  • Funeral and death expenses
  • Burial/cremation costs

Our no win no fee lawyers can ensure that a strong case is put together to back your 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.