How Motor Vehicle Lawyers Can Help Accident Victims Claim Compensation?

Posted on February 25, 2019 by singhadmin

Motor Vehicles and Our Life

Millions of motor vehicles run up and down the highways all the time, taking people and goods from one place to another. Motor vehicles have become such an important part of our life that we often don’t think of the dangers involved in operating them. Most of the fortunate drivers do reach their destinations successfully, but some unfortunate ones meet serious accidents, leaving themselves, their families and co-passengers to suffer injuries that can have some kind of impact on their lives. There are physical, financial and emotional consequences that have to be faced.

There are certain legal options which can provide the light of hope for accident victims, and our Brampton Car Accident Lawyer can help if you, your friends or relatives who have suffered injuries in a car accident.

Common Causes of Motor Vehicle Accidents

Accidents mainly occur because of one or more of the following four factors:

Human Error:

Driving carelessly
Driving at speeds exceeding the maximum limit
Driving while drunk or impaired by drugs
Texting while driving
Not following traffic signals and signs
Aggressive driving
Driving on the wrong side
Driving overloaded vehicles

Road Defects:

Pot holes in the road
Slippery road condition because of snow and ice
Improper lights
No warning signs at steep curves

Vehicle Defects:

Brake Failure
Headlights failure
Tire blow-out
Vehicle catching fire

Other Factors:

Poor visibility
Poor weather conditions
Animal crossing

The Aftermath of Automobile Accidents

In case of severe injuries, no amount of money can ever compensate for what a victim goes through. Some of the possible severe injuries are:

Death
Bone fractures
Tearing of Ligaments
Burns
Chronic pains
Paralysis
Limb Amputation if the nerve is damaged
Internal bleeding
Brain trauma

Treatment and rehabilitation expenses can be extremely high in the case of serious injuries. An experienced, qualified, professional Brampton Car accident lawyer can build a strong claim to compensate you for the money spent on treatments and other injuries that you have suffered like income loss, pain and suffering etc.

How Much Can a Victim Claim?

All motorists in Brampton must purchase an insurance policy for their vehicles. Minimum coverage of such policies is third-party liability, compensation for property damage, and no-fault accident benefits. You can also get policies with high income-replacement, maintenance assistance, death benefits and more.

Insurance coverage can be helpful to recover losses caused due to vehicle collision, but many times these compensations are not enough to cover losses due to other people’s negligence. In such cases, our Brampton personal injury lawyer can help the victim to take tort-action against the faulty driver.

Calculating the monetary value of certain losses is easy. Medical bills, wage loss and damage repair bills can be reviewed from the records, but there are some other major losses the value of which are not so easy to find.

Evaluating financial compensation for physical trauma and emotional distress can be done only through deep analysis of professional treatments, impact on the lifestyle of the victim, effect on relationships with other people, mental anxiety etc. Calculating damages of this nature is essential for assessing the right compensation which could be claimed.

A professional lawyer can have discussions with financial experts, doctors, physicians, psychologists and other authorities in order to reach the accurate value of such non-economic harms.

Why You Should Get a Lawyer Quickly

In case of serious accidents, it’s obvious that all the attention should be focused on the physical recovery of the victim(s), but it must be kept in mind that the amount of time available for taking legal options is not unlimited. While negligent motorists have to be notified four months in advance, the lawsuit cannot be filed after two years.

Going to the insurance company and claiming benefits is something which most people do themselves, but insurance agents are not that easy to deal with. At the time of selling policies, they profess that they are going to stand with their clients in every situation, but when the accident occurs, they do every possible thing they can think of to save themselves from paying out money to the victim. Moreover, to prove that the accident happened solely because of other driver’s negligence can be hard if there are no witnesses and corroborative evidence.

Professional lawyers are well versed with the laws and the methodologies of insurance companies, and they can help victim(s) claim their rights. By consulting a Brampton serious injury lawyer before it’s too late, the relatives of the victim(s) (the plaintiffs) can start the process of gathering evidence and assembling other important documents to build a stronger case and increasing their chances of success. A professional lawyer ensures the timely filing of the claim, accurately and at the right jurisdiction, within the prescribed time limits to ensure justice for the victim and full financial recovery.

Brampton car accident lawyers: Defensive Driving Tactics to Avoid Car Accidents

Posted on February 20, 2019 by singhadmin

Car accidents generally happen due to the fault or negligence of others as well as our own like a distraction, faulty driving or anxiety. There can be a number of factors that could lead to accidents. What is required on the part of every vehicle driver is to ensure a safe ride, comfort and reaching the destination in time?

Reliable, reputed legal firms can help injured victims to file compensation claims and provide certain ways in which accidents can be avoided. We at Singh Barristers provide a wide and comprehensive range of solutions to the problems that face clients in daily life. Here the focus is on discovering the ways through which a car accident can be avoided.

Awareness

Staying alert is the key aspect of driving on the road. This means looking in the rear view from time to time to ensure that a check is kept on the vehicles behind while ensuring that your eye is kept constantly on the road in front. Anticipate traffic jams with help from local radio stations, look for signboards and traffic signals. Stay focused on the task.

Drive Responsibly

Driving responsibly means following the regulations. A valid and appropriate driver’s license is a basic requirement. Traffic laws in Brampton are very strict. Safe driving demands that there are checks on speed and discipline. Speed-breakers help to regulate speed, indicators signal that you are turning or changing lanes, red lights regulate the flow, yielding to other motorists, and keeping an appropriate distance from other vehicles ensures that there is no collision.

Maintenance of the vehicle is another thing that needs to be ensured. Keeping vehicles in good condition ensures that pollution is reduced and makes ensures smooth operation of the vehicle.

Alertness, Judgment and Reaction Time

Train yourself to have an attentive and reactive mind. This helps drivers to react prudently in situations that are not favorable, and your ability to react instantly helps you to act fast and look for a solution.

Anticipating problems helps you to think of escaping situations in every situation and go a long way in avoiding accidents. Our highly trained, experienced and skilled Brampton personal injury lawyer would always have your back in claiming compensation when you suffer injuries due to someone else’s fault or negligence.

It is not always you

Even when you are driving safe and following all the rules, accidents can and do happen. Most of these are avoidable and preventable. They are caused by someone’s fault or negligence. Unfortunately, the consequences of such accidents have to be borne by the injured victims and their families. They go through enormous physical, financial and emotional trauma. If you or a loved one has been seriously injured, our catastrophic injury lawyer in Brampton can take care of you.

Use safety equipment

Today’s sophisticated automobile technology ensures that safety equipment is integrated in the vehicle. Seat belts, air bags, crash guards, sensors, etc help to protect you under adverse conditions. Ensure that children riding in the care are made to sit properly in the back seat and your speed is accordingly managed. A centralized locking system and good child locks should be installed in the car to prevent children from accidentally opening the doors while driving.

Never drive when you are drunk, drug-impaired or taking certain prescription medications

Drinking and driving is a criminal offense under Brampton laws and severe penalties are imposed for such behavior. If you do consume alcohol, it’s wiser to have someone else drive for you. This ensures that you and your co-passengers remain safe and it also protects other road users. Brampton serious injury lawyers can help you if you are the victim of a drunk or impaired driver, or a passenger in a car accident where the driver was drunk/impaired.

Maintain distance from other motorists

There are certain driving conventions that should be learned by all drivers. Two-wheelers should be given enough space. Some motorists may behave in ways that are quite quirky and adventurous, causing trouble for other road users. Maintain appropriate distance from other motorists so that there is enough room to maneuver for all.

Avoid distractions

Ensure that there are no distractions while you are driving. Do not use mobile phones while driving. Using your cell phone to text, answer mails, for social media posting, checking directions and also make calls is the number one cause of road accidents. Music at high volume can suppress outside noises that could alert you to problems. Bus drivers should avoid talking to passengers. Fatigue and drowsiness while driving can also cause accidents.

Brampton car accident lawyers are ready to serve you, but it is well said that prevention is better than, that’s why it is important to avoid an accident in the first place. In case you are injured, Brampton free consultation is provided by Singh Barristers.

Brampton car accident lawyer: What to Do If You Are Involved in a Car Accident

Posted on February 16, 2019 by singhadmin

Being involved in a motor-vehicle collision could be one of the most stressful experiences that anyone could go through. If you or a dear one has been injured, the situation becomes more complicated. Brampton car accident lawyers understand the trauma and confusion that accompany such incidents.

While most of assume that accidents are just that – accidents – in reality, they’re rarely accidental. A great majority of them are caused by someone’s fault or negligence. The injured persons and families suffer enormous physical, financial and emotional consequences that seriously impact their personal and professional lives. They are entitled to seek compensation for these injuries, which is usually paid out by insurance companies who cover such losses.

Typical Causes of Motor-Vehicle Collisions

The best of drivers can get into accidents and no matter how careful and conscientious about following rules you are, others may not be so. Car accidents usually happen due to:

Alcohol or drug impaired driving
Speeding
Distracted driving
Reckless behavior
Street racing
Aggressive driver, road rage
Failure to obey or notice traffic signals and signs
Poor weather conditions
Poor visibility
Night driving, sleepiness and fatigue
Improper turns, unsafe lane-changes and wrong-way driving
Tailgating
Aged or inexperienced driver
Unfamiliar roads
Badly-maintained or rural roads
Animal crossing
Construction site or debris falling from trucks
Vehicle defect or tire blowout

Keeping these aspects in mind, it’s possible that you were a victim of one of these driver errors. Whatever the reason, it results in a disruption and disturbance in your life. The reason why compensation should be sought and given is to restore your life (as much as possible) to what it was prior to the accident.

Steps To Take

There are several important aspects to be considered when you suffer injuries in a car accident. The first priority should be to get medical assistance if there are injuries. Following this, you need to protect your rights and entitlements so that you can get the compensation you deserve.

Achieving a successful settlement is a complex process that involves a number of medical, legal and insurance factors. Most of us believe that insurance companies that make the payout have our best interests at heart and will provide the due compensation once you make the claim. The fact is that insurance-carriers (including our own) are for-profit entities that need to keep their focus exclusively on their own business interests. That is why they may use various tactics to avoid payment, delay/dispute/deny/dismiss your claim citing various technical reasons.

An experienced, knowledgeable and compassionate Brampton personal injury lawyer can help you with your claim. However, there are some important steps to take as soon as the accident occurs.

Never leave the accident scene, even if the damage and injuries seem minor. You could face criminal prosecution.

Report the accident: Ontario has a Collision Reporting Center system where you can report accidents in which the total damage is less than $2000. Here, a police report is filed, along with collecting photographic evidence of the damage. If the damage is more than $2000 and/or you suspect evidence of a criminal offense (drunk driving etc.) you must inform the police.

Never get into discussions, arguments or confrontation with the at-fault driver.

Avoid on the spot, private settlement with the at-fault driver.

Instead, take a practical approach. Exchange information regarding make and model of vehicle, name, address and telephone numbers of drivers and passengers. Get details about insurance from the insurance papers and provide your own insurance details. Get the names, addresses and phone numbers of witnesses if any. Make a note of any CCTV cameras in the vicinity.

Prevent other mishaps by setting up warning signs, keeping your hazard lights on, etc.

Take steps to gather/protect the evidence. If you’re not injured, take photos of the scene, location and landmarks, with time and date stamps.

Make a note of what exactly happened and when the police arrive, ensure that you give a factual description. Avoid speculation, exaggeration, false statements, guessing, blame and assigning fault even to yourself. Ensure that statements given by the at-fault party are factual. If you find contradictions, make a note of these and give it to your lawyer.

If no injuries are apparent and you are asked whether you’re injured, it’s wiser to say that you’re unsure and that you need to consult a doctor before you can answer.

Inform your insurance company about the accident as soon as possible, because many policies have clauses that require immediate information.

However, remember that your insurance company is also required to pay out statutory accident benefits and they may not cooperate fully with you. That is why you need a Brampton personal injury lawyer to assist you.

Contact a Brampton car accident lawyer immediately.

FAQ: What Questions Should I Ask My Brampton Personal Injury Lawyer?

Posted on February 10, 2019 by singhadmin

When you have been injured in a car accident or a slip and fall accident, you may find that you face a financial and emotional crisis apart from the physical injuries that you have suffered. Serious injuries may require hospitalization, a series of operations and clinical treatments, different follow-up treatments and medication, physiotherapy, psychological counseling etc. All these are expensive and you may not have the financial resources to sustain them, especially since you’re unable to work. Being unemployed also means loss of family income, whole or contributory. These aspects can have a devastating impact on yourself and your family.

Under the law, accident victims are entitled to seek compensation and benefits available to them. You need help with your motor vehicle accident claim to ensure that your rights and entitlements are protected and that you get the best possible settlement to take care of your present and future needs. If you’ve suffered long-term or permanent disability, you need lifetime support and care. These are aspects that an experienced Brampton car accident lawyer or a Brampton slip and fall accident injury lawyer can help you with.

We Address Your Concerns And Answer Your Queries

Before you start the claims process, there may be several doubts in your mind. Brampton personal injury lawyers provide an initial, free, no-obligations consultation. This two-way interaction helps us to understand your circumstances, the nature and extent of your injuries and their impact on your life, the potential value of your claim and what strategies we can adopt for success. It helps clients by setting their minds at rest that we can provide them with the best advice, assistance and advocacy, protect their interests and safeguard their rights.

Let’s look at typical queries that clients may have:

Q: Do I have a valid claim?

A: Each case is unique. We base our assessment on the facts and circumstances of your individual case. Personal injury claims are hinged on:

proving fault or negligence of the at-fault party
evidence of injuries sustained in accidents caused by the negligence
losses caused by the injuries

We provide you with a genuine, swift and comprehensive assessment that allows you to decide what steps you need to take next.

Q: Do you have experience in handling such claims?

A: Like other professions, the law also has areas of specialization. Personal injury is a branch of civil law that deals with disputes and settlements. In this sector too, lawyers and law-firms tend to gain experience and expertise in certain areas like motor-vehicle accidents, slip and fall accidents, defective product, dog bite, long term disability claims, medical malpractice, wrongful death etc. Based on the circumstances of your case, you need to ask your personal injury lawyer about their experience, knowledge and expertise in handling cases similar to yours. You also need to know what our previous record in such cases has been.

Q: What are my chances of a successful outcome? How much will I get?

A: While it’s impossible to accurately predict success or the exact figure that will be settled on, from our experience with previous cases, we can offer an educated guesstimate. Ultimately, the success of a claim depends on the strength of evidence that’s presented. We can conduct independent investigations to help gather proof to back a robust claim. This includes accessing police and medical records, assembling testimony from experts and eyewitnesses, ensuring that all documentation is in order, making sure that paperwork is filed accurately and within the prescribed deadlines, protecting your rights and safeguarding your interests.

Q: Who will handle my claim?

A: This is a very important question. Many firms conduct initial meetings and consultations with senior partners. Later, your claim may be handed over to a junior lawyer or less experienced associates. Ensure that you get clarity on the lawyers who will handle your claim. We ensure that our experienced, knowledgeable lawyers handle your case. Establish a firm line of communication with them and insist on regular updates. This helps you to stay involved and informed and gives you a better chance of staying in control.

Q: How much will the entire process cost?

A: Most people are reluctant to get involved in the legal process because they think it’s going to be horrendously expensive, lengthy and unpredictable. Personal injury lawyers and law-firms take up cases on a contingency fee, No Win No Fee arrangement. This means that clients don’t pay any fees upfront. Unless your claim is successful, we don’t charge any fees and only bill you for expenses. Besides this, we can also help to fund your medical expenses and take soft loans to help meet household and caregiver expenses. When your claim is satisfactorily settled, these amounts can be adjusted against the final figure.

We advise clients to make a note of all the questions they have in mind before they meet us for a consultation to help them get clarity on all important aspects.

Personal Injury Lawyer in Brampton: 5 Most Important Questions I need to ask a Brampton Personal Injury Lawyer

Posted on February 8, 2019 by singhadmin

I was injured in a slip and fall accident. Do I really need a lawyer to claim compensation?

Brampton slip and fall accident injury lawyer can understand that injured victims and their families have doubts and concerns about hiring a lawyer under these circumstances. Most people are reluctant to get involved in the legal process as they fear it is lengthy, uncertain and expensive. These fears are not unfounded, as trials and court procedures can be so. However, nearly 95% of compensation claims are settled outside the court through negotiations. Insurance companies that represent at-fault parties can afford to hire top lawyers and medical experts who can help to deny/dispute/dismiss your claim. Claims-adjusters bring their experience to bear on reducing or challenging your claim. Studies show that if you’re represented by a reputed lawyer, you’re three times more likely to get a better settlement. We also ensure that paperwork and procedures are filed/followed correctly and within time-limits, and also protect your rights. This enables you and your family to focus on your health and recovery.

Please give me some tips on what to do after a car accident.

Brampton car accident lawyers know that after a motor-vehicle accident, apart from the pain from injuries, people experience severe psychological stress and shock. However, this is a crucial period where the medical, legal and insurance issues are concerned. Stay calm and take the right steps. Never leave the accident scene. Stay in your vehicle and assess whether you or others in your vehicle have been injured and call for emergency medical services immediately. Call the police/traffic authorities if someone is injured. In Ontario, if there are no injuries and the damage totals to below $2000, you can report the accident to the nearest Collision Reporting Center. But reporting is essential. Get details of the traffic-authorities who arrive. Never confront the other driver, speculate, apologize or discuss. Exchange contact information and also details about the license, insurance etc. Notify your insurance-carrier and visit a doctor no matter how minor the injury. Contact an experienced personal injury lawyer without delay.

What are the most common reasons for slip and fall accidents?

Brampton slip and fall accident lawyers know from studies that slip and fall accidents in Canada account for nearly 41% of preventable and avoidable accidents. Brampton has faced a steadily increasing number of claims against the city, private home-owners, snow maintenance contractors etc every winter. However, these accidents can happen during any season. Common factors responsible include wet/slippery floors, uneven floors, poorly-designed/maintained stairs, liquid spills, loose/frayed/torn carpets and unanchored rugs, lack of warning-signs, hand-rails, poor lighting, unmarked elevation changes etc. Debris, clutter, and objects left in the path can cause people to trip and fall. Injuries from such accidents can range from minor cuts/sprains/bruises to serious and life-threatening injuries. Such accidents are usually caused by the negligence/fault of the premises owner or those in control of it. Consult a doctor immediately, no matter how minor your injuries. We can help you get the compensation you deserve from those responsible for the accident.

I was injured in an accident involving the Uber cab that I was riding in. Can I claim compensation?

Brampton car accident lawyers can give you the right advice and assistance if you or a dear one has been injured in a motor vehicle accident. Today, a large percentage of the population in many countries uses ride sharing options like Uber and Lyft because of their convenience and cost-effectiveness. There were many gray areas regarding ride-sharing insurance coverage in the initial stages when these options were launched. However, today, there is more clarity and your experienced personal injury lawyers can help you get the compensation you deserve. You are entitled to receive statutory benefits from your own insurance carrier and can also file a suit against the at-fault party. Coverage may be complicated if the driver was using multiple ride-sharing apps at the time of the accident. In general, the first insurer who gets the notice of claim is responsible for making a settlement payout and there may be shared liability too.

How much compensation will I get?

Brampton personal injury lawyers are often asked this question by clients. While it is difficult to give you an exact number, from our experience, we can predict a range within which your settlement may fall. This and other questions can be answered in the initial, free, no-obligation consultation that we offer. Our highly experienced team gets the opportunity to review all the details of your particular case and understand the nature and extent of your injuries and losses. Each case is unique, just like every client is. Once we understand the circumstances, we can provide a genuine assessment. This interaction also provides you with the opportunity to clear all your doubts and have your queries answered. A majority of claims are settled outside the court system, through negotiations. We help you put together a robust claim, backed by evidence, testimony, and documentation. We can provide you with a rough estimate and then we leave it to you to decide.

What Is Meant By No-Fault Insurance?

Posted on August 15, 2018 by singhadmin

Ontario has a system of statutory benefits for all accident victims regardless of fault. In general, accidents are deemed to be caused by someone’s fault or negligence. Thorough investigation of the circumstances can yield enough evidence to point out where the fault lay. However, under the Statutory Accidents Benefits Schedule of Ontario, accident victims can make claims on their own insurance company for benefits. These claims are called “first party” claims for damage to property and compensation for injuries/losses suffered as a result of the accident.

Under this law, those who are at fault or whose negligence caused the accident are also entitled to claim benefits from his or her own insurer. They can claim compensation for income loss and medical and rehabilitation expenditure. However, being found at fault can raise such a person’s insurance premiums. The insurance company will use their industry’s “fault determination rules” and determine the degree of fault. This results in a rise in that person’s insurance premiums the next time the policy is renewed.

Apart from no-fault insurance, the at-fault party can be held liable in a personal injury suit. The accident victim or plaintiff can claim pain and suffering, loss of income and medical expenses, apart from any other relevant categories once the fault has been established. In such a case, the plaintiff’s personal injury lawyers will have to prove anew the negligence or fault. Our experienced personal injury lawyers can ensure that a strong claim backed by the right testimony and evidence is presented.

Assessing the worth of Pain and Suffering

Posted on August 13, 2018 by singhadmin

Apart from the physical and financial injuries and losses suffered when people are injured in accidents, the emotional component is equally important. People suffer enormous pain and suffering both physically and mentally as a result of serious injuries. Some of these consequences may result in serious emotional and psychological disturbances. For instance, accident victims may suffer from sleep problems, depression, suicidal thoughts, behavioral issues, phobias, fears, etc. Besides these negative aspects, people may experience the loss of joy and happiness, which are essential for living a normal life and conducting normal relationships.

Accidents are rarely accidental and are usually caused by someone’s fault or negligence. Accident victims are entitled to seek compensation for their injuries.

In Canada, courts impose an upper limit for compensation claims for pain and suffering. This is usually in the region of $350,000. There are other conditions to be met under new insurance regulations, where a statutory deductible is made on all settlements. There is also a “verbal threshold” limit imposed by the Ontario legislature. This threshold has to be met and this evaluation rests entirely on the presiding judge in the case.

However, if a robust claim, based on clear and compelling evidence, backed by expert testimony from physicians and employers, and a credible, honest plaintiff, is presented, there are very good chances of meeting the criteria. Each case is different and the circumstances in every accident are different. Our experienced, skilled and expert personal injury lawyers can help you to get the compensation you deserve.

Cornwall Personal Injury Lawyers: How To Apply For Accident Benefits

Posted on January 7, 2018 by singhadmin

Ontario residents are entitled to apply for accident benefits if they have suffered financial losses as a result of injuries sustained in motor-vehicle accidents. These benefits are available in their own automobile insurance policy.

Known as the SABS (Statutory Accident Benefits Scheme) these benefits are provided regardless of fault. It includes drivers, pedestrians, cyclists, motor-cyclists who can all apply for benefits even if the other party in the collision was at fault. If you don’t have insurance, you can apply against the coverage of your immediate family-members (parent, spouse etc).

However, achieving the compensation settlement can be an uphill task as there are several complex medical, legal and insurance issues involved.

We assume that our insurance company would release the funds without delay so that we can resume our normal lives as soon as possible. But insurance companies are for-profit organizations which focus on protecting their own business interests. Hence they may deny or dismiss your claim, or delay payments inordinately, citing technical reasons etc.

An experienced Cornwall personal injury lawyer who regularly handles such claims can provide the right information, advice and assistance in such matters.

Seeking Statutory Accident Benefits

SABS is governed by Ontario’s Insurance Act. It is intended to compensate those injured in motor-vehicle accidents for financial losses they have suffered as a result of their injuries.

Victims have to inform their insurer within seven days of the accident. The insurer then provides an Accident Benefits Application kit which has to be completed and returned within 30 days. It’s wise to keep a copy of the forms you have completed and submitted.

What Benefits Can Be Claimed?

The benefits that will be provided are based on the nature and extent of your injuries and their impact on your daily functioning. These include:

Non-earner benefits: These are available to someone who cannot carry on their normal functions, but is not eligible for income-replacement since they’re not employed. Full-time students or those who graduated a year earlier but still unemployed are eligible.

Income-replacement benefits: You are eligible to receive up to 70% of your gross weekly income, capped at $400 weekly. It’s available provided you can satisfactorily demonstrate that you’re unable to perform the functions as you did earlier. Additionally, you should have been employed continuously for at least 26 weeks previously and were receiving employment insurance benefits.

Caregiver benefits: If you are a primary caregiver to someone and have been living with the person in need of care, without being paid for this service, you may be eligible. You must prove that you’re unable to perform your caregiving functions.

Medical and rehabilitation benefits: Compensation is available for reimbursement of any reasonable expenditure incurred as a result of the accident. This may include ambulance, dental, optometric, chiropractic, hearing-aid, medication etc and rehabilitation benefits can include treatments and services like physiotherapy, occupational and vocational therapy etc. In certain cases, it could also cover home/workplace modifications, financial and psychological counseling etc.

If you’ve suffered catastrophic injuries, a different set of criteria may be applied.

Consult your experienced Cornwall personal injury lawyer without delay to receive the statutory benefits you’re entitled to.

Chatham Kent Personal Injury Lawyers: Getting Physiotherapy Services Following Car Accident Injuries

Posted on January 6, 2018 by singhadmin

Car accidents can leave a trail of destruction in their wake if you or a dear one has been seriously injured. The road to recovery can be a long and expensive one, and in many cases, it may not even lead to complete recovery.

Accidents are the result of someone’s fault or negligence. A moment’s inattention, one extra drink at a party, speeding, answering a phone call or typing out a quick response to a text message can lead to someone else’s life being altered irrevocably.

The injured are entitled to seek compensation. Ontario laws entitle all those injured in motor-vehicle accidents to receive statutory benefits from their own insurance companies. Additionally, they’re also entitled to claim compensation by filing a civil/personal injury suit against the at-fault party.

This is best done with the assistance, advice and advocacy of an experienced Chatham Kent personal injury lawyer.

Treatment Issues

Benefits for motor-vehicle accident injuries are governed by Ontario’s Financial Services Commission (FSCO) and not by the Ministry for Health and Long-Term Care.

If you have been injured in a motor-vehicle accident, getting medical attention is of utmost importance. Some injuries may appear to be minor at that time, but could turn out to be much worse if they’re left undiagnosed or untreated. Whiplash injuries are typical examples of this. Many victims don’t realize that they’ve suffered injuries till a few days have passed. Stiffness, numbness, blurred vision, ringing in the ears, memory/concentration problems, fatigue, sleep disturbances etc are some of the common symptoms of whiplash.

Such injuries require extended physiotherapy and other ongoing treatments for complete recovery, relief from pain and restoration of mobility and function. Treatments include ice and heat applications, cervical support, gentle mobility, electrical stimulation, acupuncture, pain-killers and anti-inflammatory drugs.

Unfortunately, Ontario’s funding system for physiotherapy is one of the most complicated in Canada, according to Dr. M Landry, Dept of Physical therapy, University of Toronto. There are different agencies which have to be approached, your eligibility under these has to be determined and finally the funds have to be released when they’re really required.

Our experienced Chatham Kent personal injury lawyers can help you with the complex paperwork and the difficult legal, medical and insurance issues involved.

The Role Of Insurers

The accident must be reported immediately to your insurance company. There are two types of claims-adjusters who will handle your case: One for the vehicle damage and one for your injuries. As a result of the accident, if you have been injured, this must be indicated in your report. Following this, an accident claims adjuster and claim number will be assigned to you.

This allows the physiotherapy clinic to co-ordinate your treatment with your doctor and your insurer.

Physiotherapists are deemed to be primary health care providers in Ontario and a physician referral is not strictly necessary, but it may be so under certain health care plans.

Your Chatham Kent personal injury lawyer can help you understand these aspects better so that you get the best possible treatment and get your life back on track again.

Brampton Personal Injury Lawyers: Slip and Fall Injury In Public Places

Posted on January 5, 2018 by singhadmin

If you or a dear one has slipped, fallen and sustained injuries in a public place, this is certainly not the time to feel embarrassment of the slipping-on-a-banana-peel variety.

Such accidents can cause serious injuries, ranging from traumatic brain injury to spinal and neck damage, internal organ injuries, hip/pelvic/extremities fractures etc.

Apart from the pain and suffering, victims and their family-members also suffer physical and financial losses. Inability to work and earn wages, coupled with out-of-control medical and rehabilitation costs cause anxiety, depression and even suicidal thoughts.

If your injury happened in a public place, the process of seeking compensation for your injuries can involve several highly complex medical, legal and insurance issues. As a lay-person one may not be familiar with these matters and if you need to enhance your chances of a more successful outcome, consult a Brampton personal injury lawyer without delay.

Seeking Compensation

If your accident occurred in your local supermarket, grocery store, retail outlet, public park, building or pavement, it was probably caused by someone else’s fault or negligence.

People are entitled to feel safe when they’re on another person’s property and it is that person’s responsibility to ensure that the premises are maintained in a state of reasonable safety.

However, the process of seeking compensation is not very simple or straightforward. Insurance companies which make the settlement payouts could dispute your claim, deny the nature and extent of injuries or delay the settlement citing a host of technical reasons. It’s preferable that you seek the assistance, advice and advocacy of an experienced Brampton personal injury lawyer to enhance your chances of a better settlement outcome.

Important Aspects To Keep In Mind

Compensation claims for slip and fall injuries hinge on the concepts of negligence and liability. A robust body of evidence has to be presented. A majority of personal injury claims are settled out-of-court.

Such claims are also governed by statute of limitations deadlines within which claims or suits have to be filed.

Keep these crucial factors in mind while seeking compensation:

Report the accident immediately to the at-fault party and preferably to someone in authority. Ensure you get an acknowledgment or that the report is documented

Keep all records or receipts of such reports

Get medical attention without delay. Consult a qualified physician and keep all reports, test-reports, X-rays, MRI or CT scans, receipts etc.

Get a genuine and comprehensive assessment of your claim based on merits. This helps you determine whether you have a valid case or not and whether you can expect a successful outcome.

Public liability claims are governed by slightly different regulations. Apart from proving that the party owes you a duty of care, it’s also crucial to provide evidence that such a duty was breached and that the injuries you sustained were caused by such a breach.

Time-limits are vital in these cases. In case the injured person was a minor, there may be different time-limits. There are also different rules for notifying municipalities and local government bodies about the accident and for intention to claim compensation.

Public liability claims can be brought against the at-fault body/organization/entity.

Consult a Brampton personal injury lawyer with specific experience in handling slip and fall accident claims.

Bolton Personal Injury Lawyers: Are Photographs Important Evidence In Slip and Fall Claims?

Posted on January 4, 2018 by singhadmin

Slip and fall accidents can happen anywhere and at any time, to anyone! They strike like a bolt from the blue but their effects can last for an entire life-time in some cases.

The risks lie everywhere and property owners are responsible for ensuring that their premises remain in a state of reasonable safety for all visitors.

In Ontario, for instance, the Occupier’s Liability Act holds property owners responsible for maintaining premises under their control so that visitors and their belongings remain safe. Accidents can happen due to the fault or negligence of the person/s or entity that had a duty of care to ensure safety.

The injured are entitled to seek compensation for the physical, financial and emotional trauma that they face as a result of the accident.

Negligence Is a Key Concept

In slip and fall accidents, as with other personal injury claims, the concept of negligence and proving liability are fundamental to achieving a successful outcome.

Most claims are settled out-of-court and seldom make it to trial. As Bolton personal injury lawyers know, a process of negotiations between both parties can settle matters to the final satisfaction of both.

While claiming compensation for slip and fall injuries, the injured party has to prove that it was the at-fault party’s negligence

that caused the hazardous conditions
which led to the accident
and ultimately to the injuries.

Evidence and proof can make or break your claim as experienced Bolton personal injury lawyers can advise.

Photographs as Evidence

One of the crucial pieces of evidence that can be presented is photographs. As the saying goes, “A picture is worth a thousand words.” There’s nothing that helps to establish facts like photographs taken at the location, at the time of the accident.

Today, almost everyone carries a mobile-phone and unless you’re seriously injured or unconscious, it’s not very difficult to click a few clear pictures showing:

Location with important landmarks to fix it
Dangerous conditions that caused the accident
Time and date which stamps on photographs
Weather and visibility conditions
Damage/injuries sustained
Lighting
Other contributing factors like construction, etc

If you’re unable to take pictures, get a trustworthy friend or family-member to visit the place immediately and take them. It’s important to document the conditions immediately, because things can change with time. By the time the negotiation process begins or the case goes to trial, things may have changed and our memory is notoriously fickle.

The property owner may change the conditions, fearing legal action. They may repair, replace or destroy evidence.

Photographs can also help to pinpoint the exact reason for the accident. For instance, if the picture shows the air-conditioner from which water was dripping and causing a puddle in which you slipped, or it shows a water-spout that empties water on to a driveway causing ice to form where it may not normally do so, or the picture shows damaged tiles, unanchored/frayed carpets, lack of Wet Floor signs after cleaning, or shows debris/clutter left out of place, etc, these are important to prove negligence.

Ajax Personal Injury Lawyers: Preparing For Examination For Discovery

Posted on January 1, 2018 by singhadmin

The examination of discovery stage in a personal injury suit is something that many plaintiffs worry about.

This happens in the pre-trial stage of the trial process and comes at a time when the case has progressed to the trial stage. Although almost 90% of personal injury cases are settled out-of-court, there are times when the settlement negotiations, arbitration or mediation fail to achieve a mutually satisfactory outcome. The case then proceeds to trial.

This is also the first time that the opposite, at-fault party’s lawyer will come face-to-face with the plaintiff. The impression they form of your integrity, the validity of your claim, the nature and extent of your injuries and their impact on your life is a crucial element in their assessment of how strong your case is.

Slip and fall accidents can be challenging to deal with, since there are several complex medical, legal and insurance issues involved.

An experienced Ajax personal injury lawyer with proven success at trial can provide the right advice and assistance.

What Is Examination of Discovery?

This is a pre-trial process where lawyers on both sides can question opposite parties (and their agents/employers) under oath on any matter relevant to the claim. The entire process is recorded and can be produced as a transcript in court later if required. It’s important that you attend, otherwise it could affect your case negatively. The time duration depends on the facts/circumstances/procedures.

This process allows both sides to get information about each other’s cases. Lawyers who conduct this procedure seek to establish:

What the opposite party’s views are on the claim
That you are committed to a particular version of facts as given directly by you
Whether there are any areas of consensus
What the specific points of dispute are
Whether there is any information given or admissions made by the opposite party that can be used in trial against them

Both lawyers seek to protect their clients’ interests and rights.

The procedure is held in a special location designated for it, or a privately-operated “Examiner’s Office.” There is no judge present. Members of the public are not allowed.

Preparation

Lawyers, investigators, insurance-company representatives etc are highly-trained, experienced and focused people who handle these situations regularly, hence, you need to remain alert and vigilant.

Remain calm and focused
Speak only the truth
Speak clearly and confidently
Ensure that you’re consistent even in minor details
Don’t volunteer information
Listen carefully to the question, answer only when you’re ready to answer the whole question
You’re not compelled to answer immediately, take your time
Never speculate, guess or provide more than what is asked
Don’t answer without understanding the question
If you’re asked to estimate or guess, ensure that you specify that this is a guess
Your lawyer’s duty is to protect your interests and they will object if the questions are improper
The questions can cover an extremely broad range and may go into personal areas
You won’t be allowed to have a private conversation with your own lawyer during the process

It’s not unusual to feel anxious or nervous beforehand. Share your emotions with your lawyer. Your experienced Ajax personal injury lawyer will spend adequate time with you to help you prepare and practice for this.

Burlington Personal Injury Lawyers: Basic Checklist For Selecting The Right One

Posted on December 30, 2017 by singhadmin

If you or a loved one has sustained serious injuries in a car accident you know what it’s like – the confusion, anxiety, fear, pain and grief can be overwhelming.

Added to these, you’re worried about the way your bank account seems to be getting depleted. Medical expenses, hospitalization, medication, continuing care and rehabilitation expenditure can swiftly spiral out of control. You’re probably unable to resume work for an indefinite period as a result of your injuries, so there’s no money coming in.

Obviously, this is a time of enormous emotional trauma too. It’s easy to slip into depression, panic attacks, sleep disturbances, feelings of low self-worth and dependence.

While monetary compensation can never replace what you lost, it can certainly make things a bit more comfortable for you and your family.

Accidents are the result of someone’s fault or negligence. Injured persons are entitled to seek compensation from those whose carelessness or breach of safety norms caused the accident.

Get in touch with an experienced Burlington personal injury lawyer without delay to understand your rights and get assistance with achieving a satisfactory settlement.

Select The Right Personal Injury Lawyer

Keep these factors in mind:

You need an exclusive practitioner of personal injury law. The person should be a full-time, experienced professional who doesn’t just occasionally take up the odd personal injury claim. This field like any other has its own specialists who gain expertise and knowledge and keep up to date with all the latest developments, amendments and regulations in the field.

Are you being outsourced? Check if your lawyer/law-firm does in fact handle your entire case. Some lawyers may take up cases but later refer them to another lawyer or law-firm whom you may not be familiar or comfortable with.

Meet the lawyer who will actually handle your case. Law-firms may be in touch with “runners” whose job is to trawl hospitals for accident victims and get them to less reputed, unqualified or inexperienced lawyers. Ensure that you sign documents only with a lawyer whose background and credentials you have verified.

You need to feel comfortable – whether it’s demeanor, language, attitude, respect and dignity given. Remember that the case could take some time to be resolved and hence you need to trust the lawyer/law-firm, and feel secure that your rights are being safeguarded.

Experience is crucial. Obviously everyone has to start somewhere, but it need not be with your claim! A successful track-record of handling cases like yours gives you the confidence and faith that your claim may work out the way you want. Though 90% of claims are settled out-of-court, look for a personal injury lawyer with trial experience. In the event negotiations break down, they should be prepared to take the case to court.

Ensure that you select a Burlington lawyer who handles only plaintiff claims. If they do work for insurance-companies there could be a potential conflict of interest.

The right lawyer can make all the difference to the outcome of your claim. Insurance companies may not always act in good faith since their focus would be on protecting their own business interests. An experienced Burlington personal injury lawyer will advise, assist and advocate for you keeping your rights uppermost.

Brampton Personal Injury Lawyers: Stricter Penalties for Careless and Distracted Driving

Posted on December 29, 2017 by singhadmin

Statistics show that one person is killed on Ontario roads every 17 hours and that cyclists and pedestrians constitute about a quarter of road fatalities.

Motor-vehicle accidents are usually caused by someone’s fault or negligence. Road-safety activists and the cycling community have called for strong penalties to deal with such drivers.

Currently, Ontario’s driving laws have no category of fault for careless driving causing death. Careless drivers may be fined up to a maximum of $2000 and six months’ imprisonment with license suspension. However, in the current scenario, when distracted driving has become a serious road-safety issue, stronger penalties seem warranted.

If you or a dear one has suffered serious injuries as a result of careless or distracted driving, contact an experienced Brampton personal injury lawyer immediately. Ensure that you select a professional who has previous experience in handling similar cases. You may be entitled to compensation.

Distracted Driving

Driving a motor-vehicle requires 100% focus and concentration. Even a split second’s inattention or distraction can lead to a collision or accident. Ontario statistics for 2013 show that one person is injured in a distracted-driver collision every half an hour. Today, there are so many types and forms of distraction that it’s a huge challenge for drivers to stay focused on the road. Drivers using a phone are four times more likely to cause a crash than those who stay focused on the road.

Distracted driving includes:

Answering calls on the cellphone (Hands-free phones are equally distracting)
Texting, messaging, using Bluetooth
Using other electronic devices like laptops and tablets
Clicking pictures while driving
Reading
Reaching or leaning over to adjust temperature controls, music and entertainment systems
Focusing on GPS screen or glancing at a movie that someone else in the vehicle is watching
Grooming, applying make-up
Eating and drinking
Children and pets in the vehicle
Loud music
Chatting with co-passengers

Accidents caused by distracted drivers can result in serious injuries that can cause long-term or permanent disability or even death. Unfortunately, the driver who feels that it’s vitally important to answer that call or send a text message on the cellphone fails to realize that the effects of his/her careless act can result in a life-time of pain and suffering, physical and financial losses.

Proposed New Legislation

Fines, license suspension and imprisonment for careless driving that causes bodily harm or death
Higher penalties for distracted driving, especially cellphone use, including higher fines, demerit points and license suspension
Increased penalties for failing to yield to pedestrians
Escalating fines for multiple offenses
Use of cameras in school buses to capture illegal passing so that no witness is required to present such evidence in a court
Expanding the use of flashing blue lights mounted on the rear portion of emergency and enforcement vehicles

An experienced Brampton personal injury lawyer can ensure that your rights are protected if you’re injured in a motor-vehicle accident caused by a distracted driver. We can also conduct independent investigations to establish negligence and distraction, collate information, evidence and testimony from eye-witnesses and experts, access traffic and police reports, find available CCTV footage if available showing the accident and build a robust claim for compensation.

Belleville Personal Injury Lawyers: Have You Been Asked To Settle “Off The Record?”

Posted on December 27, 2017 by singhadmin

Car accidents can be disruptive, emotionally taxing and their effects can last for a long time after the actual event.

If you or a loved one has been seriously injured, the physical, financial and psychological impact can be devastating, especially when the accident was caused due to someone else’s fault or negligence.

Injured victims face weeks or months of hospitalization, years of continuous medical attention and rehabilitation. Meanwhile, their finances go into a tail-spin if they’re unable to work. Relationships and social life may completely break down. Depression, anxiety, alcohol/drug-dependence may result from being temporarily or permanently disabled.

Personal injury laws permit the injured person to seek compensation from those whose negligence, carelessness or intentional flouting of safety norms caused the accident. Additionally, Ontario residents are entitled to seek no-fault accident benefits from their own insurance company.

An experienced Belleville personal injury lawyer can provide the right advice, assistance and advocacy.

Settlement Issues

Handling with complex medical, legal and insurance issues can be challenging, especially when you’re seriously injured and immobilized. Dealing with insurance companies can be frustrating and time-consuming.

We often forget that they are for-profit organizations, focused on protecting their own business interests. Their claims-adjusters are highly-trained, educated and experienced people whose interest would obviously be that of their employer’s.

Delays, disputes, denial of claims and other tactics could test your patience. There may be technical reasons cited, your policy limits quoted, attempts to prove that you were partially responsible for your injuries etc.

Taking the case to trial would mean another lengthy and complicated process.

Keeping these in mind, when the at-fault party suggests that you settle the matter mutually between yourselves, is it a good idea or not?

Private Settlements

Many people consider the option of a private settlement between the two parties, on mutually agreed terms, without the involvement of lawyers or insurance companies.

Belleville personal injury lawyers are often asked by clients whether this is a good idea. Their main concern is that their insurance premium would go up if they informed their insurer about the collision.

However, there are certain inherent risks involved.

It’s your duty to inform your insurance company even if you don’t plan to make a claim.
You may have suffered “minor” injuries, but they could turn out to be more serious later
If the damage to your vehicle is minor and no one’s injured, you may be able to settle mutually without much risk.
If someone is injured, it’s important to inform the insurance company and the police.
If there were other passengers in the car, the risks are higher, because they have two to three years to file a personal injury claim
If there were any minor children in the car, they too have a long statute of limitations period within which they can file a claim
Agreeing to make or take cash payments privately leaves you vulnerable to more claims in future.
If the person was uninsured, didn’t have a valid driving license or was driving a borrowed car, there could be issues down the line.

In general, quick cash settlements carry their own risks. Contact an experienced Belleville personal injury lawyer to ensure that your rights are protected.

Barrie Personal Injury Lawyers: Getting A Fair Compensation After A Car Accident

Posted on December 26, 2017 by singhadmin

We assume that car accidents are usually just that – “Accidental.” In fact, most of them are the result of someone’s fault, negligence or the deliberate or unknowing flouting of safety norms.

Unfortunately, car accident victims who have been seriously injured and their family-members and dependents have to shoulder the physical, financial and emotional burdens that arise from such a mishap.

Getting one’s life back on track following a serious car accident can be a lengthy, expensive and emotionally-draining process. Although monetary compensation cannot replace the time and health that was lost, it can certainly make life a little easier for victims and their families. Hence, under civil laws, injured victims are entitled to seek compensation from those whose actions/omissions resulted in the accident.

However, insurance companies who make the settlement payouts, whether statutory or through a personal injury claim, may not act in good faith. They may dispute, deny or delay your claim.

An experienced Barrie personal injury lawyer can provide the right information, advice and assistance to help you get the compensation you deserve.

Issues In Seeking Compensation

Insurance companies and claims-adjusters are part of a for-profit system. Their main focus is to safeguard their own business interests which may not be in sync with yours.

Claims-adjusters are highly trained, educated and experienced professionals whose mandate is to keep settlements at a minimum or avoid them altogether. They look for any information that can be used to contradict the claims you make. You may inadvertently provide access to confidential, private information regarding your health and finances which could harm your claim.

The at-fault party’s insurers focus on reducing/denying their client’s liability and negligence and also discover whether you may have contributed partially to the accident.

Tips To Ensure You Get Due Benefits

Ensure you get medical attention immediately, no matter how minor you think your injuries are
Follow all medical advice – this is important from a health and legal aspect
Be scrupulously honest and limit your information to what you really know while speaking to the police, since this becomes part of the accident report
Unless you’re seriously injured, get all possible information about the other vehicle/driver involved. Address, phone-numbers, insurance, details of make and model of vehicle etc will also go into police reports
Request a copy of the police report
Take pictures on your mobile phone of location, position of vehicles, important landmarks, your injuries, weather/road conditions, road-signs/traffic signals if any.
Begin keeping an accident journal: note down names, addresses and contact details of witnesses if any, all conversations with at-fault party, insurance-companies, doctors, your physical, financial and emotional state etc
Record all the personal property damaged like spectacles, etc.
Preserve clothing and footwear
Preserve all test and ER room reports, bills, receipts for all expenses connected with the injury
Don’t communicate with at-fault parties/their insurers/legal representatives without your personal injury lawyer’s advice
Never confront or apologize to anyone on the spot
Avoid making a social media presence for some time

Don’t underestimate insurance company representatives or assume that they have your interests at heart. Finally, select a Barrie personal injury lawyer who is prepared to take your claim all the way to court if necessary.

Effects of Traumatic Brain Injury: A Medico-Legal Viewpoint

Posted on December 24, 2017 by singhadmin

Motor-vehicle accidents, slip or trip and fall accidents and other kinds of devastating mishaps can cause a variety of injuries. Sometimes people are fortunate to get away with minor cuts, bruises or sprains, otherwise, catastrophic injuries can result, causing long-term or permanent damage to the brain or spine.

A common cause of disability/death in adults, TBI presents a global socio-economic health problem. The incidence is increasing globally and that could be because of the higher use of motor-vehicles in developing countries where safety norms are yet to be fully realized and enforced. Statistics show the decline of TBI cases in more developed countries, though the incidence due to motor-vehicle accidents is still very high. Demographically, young males suffer more instances of TBI although in terms of severity, women are more severely affected.

If you or a dear one has sustained such injury, getting the right medical help immediately is of paramount importance. Contact an experienced personal injury lawyer without delay. You may be entitled to compensation from those whose fault or negligence caused the accident.

What Is TBI?

Traumatic Brain Injury (TBI) is one of the most serious types of brain injuries that result from sudden, external impact which cause damage.

This is an umbrella term that describes numerous types of injuries to the brain. They can impact any area of the brain, and the damage can be confined to a focus area or it can be spread over a larger area. The severity can also vary, from a mild concussion to catastrophic injury that causes disability, coma or death.

Types of TBI include:

Closed Brain Injury: When there is an internal injury to the brain caused by motor-vehicle accidents, falls or sports. Shaken-baby syndrome is a typical example where blood-vessels and tissue are damaged, with no external signs.

Penetrative Brain Injury: Is caused by an external object piercing through the skull or from the neck, eye, face etc. Typical examples include bullet injuries or falling on sharp objects etc.

Diffuse axonal injury: occurs when the long nerve fibers (axons) are torn or damaged due to impact. This is one of the most difficult injuries to detect, as it may not show up on CT or MRI scans.

Primary brain injury: is the immediate trauma to the brain as a result of motor-vehicle accident, fall or gunshot wound

Secondary brain injury: occurs when changes develop over hours/days after a primary impact.

Effects of TBI

Headache/nausea/vomiting
Dizziness/Loss of balance
Blurred/Double vision
Motor/Sensory problems
Difficulties in abstract thinking/concentration/making judgments/decisions
Perception/Spatial/time difficulties
Paralysis/Coma
Mood/behavior/personality changes
Loss of cognitive abilities
Communication and language problems
Social and functional deficit
Epilepsy
Death

Some amount of recovery may be possible in younger people with a better general health profile. However, it can be a lengthy and expensive process.

The person may need help with:

Self-care
Mobility
Nutrition/Medication
Communication
Socialization
Pain management
Mental health
Family support
Education
Counseling

An experienced personal injury lawyer who has knowledge and expertise in dealing with TBI claims can work with the medical team to ensure that a robust claim is presented. This helps to get the best possible settlement that takes care of present and future needs.

Whitby Personal Injury Lawyer: Receiving A Low-Ball Settlement Offer For Your Accident Claim

Posted on December 23, 2017 by singhadmin

Car accidents can result in a variety of injuries and damage. Most of us assume that insurance will cover our income loss, medical expenses and the pain and suffering endured as a result of our injuries.

However, as experienced Whitby personal injury lawyers know from experience, dealing with insurance companies, even your own, and their claims adjusters can be challenging.

Not all insurers act in good faith. Their primary focus is to safeguard their own business interests and to minimize their payouts as much as possible. To this end, they may employ various tactics to delay, dispute, dismiss or deny payments, cite technical reasons or enforce terms of contract that you may disagree with.

They employ a claims adjuster to independently investigate the circumstances of the accident. They base their settlement on the report submitted by the claims adjuster.

It’s important to understand that achieving the settlement you deserve is through a process of negotiations, mediation, arbitration and even a court trial if required.

Initial Stages of The Claims Process

Though victims have a duty to cooperate with their insurance companies, they also have a right to have their lawyers present at any meetings. There is no obligation to sign anything without your lawyer’s advice.

Following an accident, claims adjusters of your own insurance company and/or those of the at-fault party/parties will schedule a meeting/interview with you. The aim of this meeting is to gather information, assess your credibility and to seek ways of minimizing settlement payouts.

Injured victims need to understand the economics of case settlements to comprehend how the process works.

Claims adjusters are those who review, study and investigate claims to determine the insurer’s liability. They’re usually highly trained and educated professionals, with long and deep experience in the field and well-honed negotiating skills. They conduct a thorough investigation and submit a report with recommendations on what the appropriate settlement (according to them) would be.

First Offers Are Generally Low

As with any negotiation, the starting point is always at base-level. Going to court is the final stage. With these two aspects in mind, an experienced Whitby personal injury lawyer can help you put together a robust claim for the maximum possible settlement.

What you need to know:

Know your policy thoroughly – coverage, limitations, insurance regulations in your province, etc
Never settle until you know the full extent of your injuries/damages
Claims adjusters will make several offers along the way
You need to specify the exact settlement amount you want in your claim letter: This should cover present and future costs
Be prepared for an extremely low-ball response which you’re not compelled to accept if it’s unreasonable
Stay calm and ensure that you keep the dialogue channels open
Inform the insurer that the low offer is unacceptable citing reasons
Never get into verbal, written or email confrontations with claims adjusters or insurance company representatives
Claims adjusters have full authority to make reasonable offers and if they tell you otherwise, it’s not necessarily true
Let your personal injury lawyer handle matters in consultation with you

Whitby personal injury lawyers keep your interests uppermost and ensure that your rights are safeguarded.

Whitby Personal Injury Lawyers: Pokemon-Go Players Watch Out For Slip and Fall Injury

Posted on December 20, 2017 by singhadmin

A new tech marvel that has caught the attention of virtual reality (VR) enthusiasts is the game Pokemon-Go. While some have found it fun, exciting, overwhelming, hazardous or part of a mass addiction phenomenon, others have absolutely no clue what it’s all about!

Pokemon-Go players enter any space, whether private or public, in keeping with the requirements of the game. They may be oblivious of the hazards present in these locations and could suffer serious injuries if they slip and fall.

Such accidents can have an enormous physical, financial and emotional impact on not just the injured person, but also on his/her family-members too.

These mishaps also raise larger questions of liability, and the question of who is responsible when someone is injured on another’s property under these circumstances.

Whitby personal injury lawyers, along with lawyers all over the world, are aware that there are challenges in working out the modalities of such cases.

What Is Pokemon-Go?

Played on cellphones, this VR game uses GPS to capture tiny creatures or Pokemons while walking around in the real world. This augmented reality game uses real locations from the player’s own mobile device’s ability to identify them.

Released in July 2016, the game quickly caught the imagination and is free-to-play, with purchasable additional apps if you want them. As a social media phenomenon, it connected people from all walks of life, helped to capture real-life criminals, report crimes in progress, built better relations between law-enforcement and the community, contributed to higher footfalls in businesses and better knowledge of the locality and neighborhood.

However, it has been widely criticized for causing traffic congestion, littering, noise, trespassing, distraction while driving/walking and security threat.

Whose Responsibility?

The question of liability in slip and fall injuries while playing is complex in such cases: Is it the property owner, player, the game-maker, the retailer who sold the game etc who is responsible for paying compensation to injured victims?

According to Ontario’s Occupier’s Liability Act property-owners have to ensure the safety of all those who enter. Pokemon-Go players may be trespassing in which case, they still have certain rights! If owners have not posted No Trespassing signs or otherwise prohibited entry, they can be held liable for injuries sustained on their properties. Property owners can also ask players to leave their premises if they find them playing Pokemon-Go on the premises.

Some businesses attract players by encouraging them to play on their premises. Obviously, they bear the legal responsibilities too.

There are several aspects to consider and each case is unique. But in general, Pokemon-Go playing while trespassing or crossing the street at non-designated spots could reduce a damages claim because the plaintiff has contributed to causing the accident. However, the fundamental principles of personal injury law – viz, negligence – still applies.

Stay Safe!

The best option is obviously to be aware of the physical hazards and the legal consequences of chasing virtual creatures in a real world. Stick to common-sense safety norms, be aware of your surroundings and respectful of other people’s rights while playing.

Such games present unique challenges to law but an experienced Whitby personal injury lawyer can ensure that your rights are protected if you are injured due to someone else’s fault or negligence.

Toronto Personal Injury Lawyers: Short-term Rentals And Slip and Fall Injuries

Posted on December 19, 2017 by singhadmin

The vacation or short-term rental platform has become a highly popular option for holiday-makers and business travelers all over the world. It is ideal for all profiles of travelers, whether they’re single travelers, families with children and pets, seniors, groups attending an event, conference or convention, business travelers or consultants dedicated to time-bound projects etc. The short-term rental may consist of serviced apartments or condos, independent properties, or home-sharing options with a family with extra room to spare. “Short-term” is rented for not more than 28 days at a time, subject to extension.

Of late, the concept of the shared economy has revolutionized many sectors like housing, transportation, food etc and large multi-nationals like Airbnb have transformed the way people live away from home. Advances in communication-technology and networking have helped to make this a convenient and affordable option.

However, some things don’t change! Accidents can and do still happen everywhere and a short-term rental is not immune from hazards.

If you or a dear one has sustained injuries in a slip and fall accident that occurred in your short-term rental, ensure that you get immediate medical attention. Following this, it’s crucial to consult an experienced Toronto personal injury lawyer who has handled such cases before. You may be entitled to compensation.

Are Short-term Rentals Different From Hotels?

When we opt for short-term rentals, especially private homes, we seldom consider the legal aspects. Hotels and traditional hostelries like bed n breakfasts, inns, motels etc must have a license to operate and they’re governed by certain regulations. These include hygiene, safety etc. However, short-term rentals may by-pass these regulations including safety inspections.

Traditional accommodations have to carry commercial liability insurance, whereas hosts who offer their homes for short-term rentals have only the home-owner’s policy coverage.

Hence, occasional renting out of part or whole of a home to guests for a fee implies that the owners are running a business and their insurance company must be kept informed of this activity.

Companies like Airbnb have grown exponentially. A study conducted by the Canadian Centre for Policy Alternatives reveals that such listings have increased by 288% since 2013 and the listings in Toronto are about 81% higher than cities like Vancouver. These accommodations are concentrated in certain areas of the city and there is speculation that big players are using the platform to circumvent the regulations governing commercial activity.

Injured In A Short-term Rental?

Slip and fall injuries can have a devastating physical, financial and emotional impact on the injured person and his/her family. They result in:

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

Under Ontario’s Occupier’s Liability Act, the property owner has a responsibility to ensure that premises under their control are kept reasonably safe for all visitors.

Wet, slippery, badly-maintained floors, missing hand-rails, broken tiles/floor-boards, puddles under the air-con, clutter, debris, loose carpeting, torn/unanchored mats, loose cables/wires etc can cause guests to lose their balance, fall and sustain serious injuries.

An experienced Toronto personal injury lawyer can provide the right advice and assistance to help you get the compensation you deserve.

Thunder Bay Personal Injury Lawyers: Role of The Expert Witness

Posted on December 18, 2017 by singhadmin

Slip and fall accidents are among the most common reasons for hospitalization and visits to the ER room across Canada. These accidents occur in a split second, without any warning, but the consequences can be devastating.

Suffering serious injuries in a slip and fall accident can result in physical, financial and emotional issues for not just the injured victim, but the effects are often felt by the family-members too.

Most of us assume that the accident happened because we were careless or it was just our bad luck. However, accidents aren’t always “accidental.” They can usually be traced back to someone’s fault or negligence.

According to Ontario’s Occupier’s Liability Act, it is the duty of a property owner to ensure the safety of visitors to premises owned by them. If there were any potentially hazardous conditions or existing dangers, they should have been aware of them and taken the requisite steps to correct the problems. This makes them liable to pay compensation to anyone who gets injured due to a hazardous condition on their premises.

Consult an experienced Thunder Bay personal injury lawyer if you or a dear one has been injured in a slip and fall accident caused by someone else’s fault or negligence. You may be entitled to compensation.

Claiming Compensation

We assume that when the facts are presented to the at-fault party and their insurance-company, compensation will be forthcoming. However, the reality is that insurance-companies are for-profit organizations whose focus remains on protecting their own business interests.

They may delay, deny, dispute or dismiss your claim citing various reasons.

As a result you may have to enter into negotiations with them, the at-fault party and their legal representatives, failing which you can file a personal injury suit in court and take the case to trial.

Role of Experts

The expert witness is someone with specialized knowledge, training, skill and experience related to some element in the case. This expertise is required to establish certain facts, give the judge/jurors/mediators/at-fault party/insurers a clearer understanding that will help them form a judgment. Experts are usually called in when there are technical aspects to be explained.

Typically, the expert may be :

A medical doctor who testifies about injuries and their impact on your life, the pain and suffering you’re likely to suffer, and also the diagnosis, treatment, medication, therapies and rehabilitation required.

A mental health expert who provides information about mental, psychological and emotional conditions

Forensic accountants who can analyze the financial impact of injury, disability or death

In general, the expert is selected based on the type of information required to be provided to establish injury, cause of the accident, impact of the injury and the short/long-term financial requirements.

In slip and fall accidents, experts may be called to establish the dangerous condition of the terrain/surface/floor that resulted in the accident. They can also testify about the suitability of that particular type of flooring for that purpose, analyze the cleaning products/polish used to determine whether they cause undue slipperiness, establish the friction co-efficient, whether anti-skid flooring was used in high-traffic areas etc.

An experienced Thunder Bay personal injury lawyer can help you put together a robust claim with the help of expert witnesses.

Sudbury Personal Injury Lawyers: Avoid Slip And Fall Accidents In Your Gym

Posted on December 17, 2017 by singhadmin

Fitness is a goal that we all aspire to, regardless of our age, gender and general health. Most people have their own exercise regime that suits their life-style, available time, preferences etc and they try to keep to a fitness routine.

Joining a gym can be one way of ensuring that you get regular exercise at a fixed time. It also gives you a variety of routines that helps to work out different parts of the body. This is also a great way of ensuring that you don’t get bored. It’s crucial to consult your doctor before joining any exercise program. You will have to explain the kind of exercise regimen you plan to select and check whether this is in sync with your own health status.

However, gyms can also be places where you can hurt yourself unless proper care is taken. Slip and fall accidents are common-place if the gym is not properly maintained and care is not taken to ensure the safety of all visitors.

Visit a doctor immediately and contact a Sudbury personal injury lawyer as soon as possible. Accidents are caused because of someone’s fault or negligence. Injured victims and their families have to endure the devastating physical, financial and emotional consequences that follow such a mishap.

An experienced personal injury lawyer who has handled similar cases before can evaluate your case and advise you on claiming compensation from those whose responsibility it was to ensure that their premises were kept safe.

Check The Facilities Before Joining

Before you join a gym, keep a few safety tips in mind to avoid hurting yourself.

Apart from the usual considerations of location, hygiene, ownership, facilities, hours, equipment, cost, personalized trainer services, etc, it’s important to focus on safety.

Get recommendations from trustworthy sources: family-members, friends, co-workers, your doctor, neighbors etc
Determine your fitness goals: Do you want to lose weight, get fit, stay flexible, develop stamina or strength, etc?
Short-list a few gyms based on your research
Visit each one personally and do a walk-through tour
While visiting, focus on equipment, amenities and common areas
Check whether the equipment is well-maintained and clean
Amenities and common areas should be fresh, clean, hygienic and safe
Watch for signs of rot or rust in the equipment, floor, doors and windows, panels, ceiling etc: They can indicate structural risks
Pay more attention to the wet areas like locker-rooms, sauna, pool, hot-tub, etc. These areas should be kept dry and there should be attendants on hand to keep the place neat and free of wetness, slipperiness, liquid-spills, clutter, debris, loose-cables/wires etc
Ensure that areas that are being cleaned have enough signage to indicate “Wet Floor”
Check that the entire gym is well-lit and the entrances and exits are safe
Most gyms make you sign a “waiver of liability” contract. Ensure that you check with your lawyer before you sign.

As they say, an ounce of prevention is better than a pound of cure. However, if you’re injured in a slip and fall accident in the gym, contact an experienced Sudbury personal injury lawyer immediately.

Sault Ste. Marie Personal Injury Lawyers: How Are Slip and Fall Injury Claims Valued?

Posted on December 15, 2017 by singhadmin

Following a slip and fall accident on someone else’s property, caused by the premises owner’s fault or negligence, injured clients are confused when the at-fault party’s insurance-company sometimes offers an immediate settlement.

The at-fault party’s insurance-company may contact them or their family-members directly in the hospital or home at a time when they’re still trying to cope with the confusion, anxiety and pain of the accident.

The stress resulting from rising medical and rehabilitation costs and loss of income or wage-earning capacity due to injuries can have a severe impact on financial status. Hence, a call from a seemingly concerned, empathetic claims-adjuster may seem like a blessing.

However, it’s wise to consult an experienced Sault Ste. Marie personal injury lawyer who regularly handles slip and fall accident cases before communicating with at-fault parties, their insurers or legal representatives.

95% of personal injury claims are settled out-of-court, but this doesn’t mean that you are compelled to take the first offer you receive.

There are many injuries that cannot be fully evaluated immediately. The complete extent and seriousness of the injury and its impact on your life may be felt after a lapse of time. Hence, it’s important to get all the information before you think of settlement.

On the other hand, personal injury suits/claims have stringent limitation periods within which the process must be started. These time-limits vary according to whether the at-fault party is a private individual or public body/government/municipality. The circumstances of the case also have a bearing.

An experienced Sault Ste. Marie personal injury lawyer can deal with the complex medical, legal and insurance issues involved, ensure that the paperwork is filed correctly and within the prescribed deadlines and also ensure that your interests are kept uppermost throughout the procedure.

How Are Slip and Fall Injury Claims Valued?

Each case is unique and hence, the individual factors and circumstances in it have to be analyzed and taken into account while evaluating how much a claim is worth.

Clients are always anxious to know:

How long the process will take
How much compensation they can expect

It’s not easy to give an exact figure, but there are broad guidelines that can be used to get a ball-park figure to work with. This depends on:

The extent of injury/damages caused by the accident
Whether a jury likely to find the at-fault party liable

The extent of injury/damage consists of several components. The financial aspect consists of medical and rehabilitation expenditure based on actuals. Future costs are also easy to predict if a detailed life-plan is worked out with the help of qualified authorized professional experts.

However there are intangibles like “pain and suffering” which are highly subjective. Injuries affect people in different ways, emotionally and psychologically. An active, busy, healthy, outdoorsy person, with a wide social circle can find sudden immobility/disability devastating.

Similarly, if the circumstances clearly show that the at-fault party’s fault or negligence caused the accident, a jury can easily pronounce liability.

Experienced Sault Ste. Marie personal injury lawyers can provide a swift, genuine and comprehensive assessment of your claim and advise you on the way forward.

Emotional Costs Of Long Term Disability Caused By Slip and Fall Accidents: Ottawa Personal Injury Lawyers

Posted on December 13, 2017 by singhadmin

Slip and fall accidents can happen in a split second, but they can leave a trail of destruction in their wake if the injuries sustained are serious.

These accidents can cause severe damage like traumatic brain injury, neck and spinal damage, compound fractures to the extremities, hip and pelvic fractures, disfigurement due to facial and dental injuries etc.

The severity of injury is determined by a number of factors that include:

Age and general health
Location
Height from which the fall occurred
Type of surface

Falling from an elevation obviously leads to more severe injuries and these can result in long term or permanent disability.

Injured persons and their families have to endure the physical, financial and emotional consequences of the accident. The victim may be unable to work for extended periods or may lose working and earning capacity altogether. There are high medical and rehabilitation expenses to be met. The pain and suffering undergone by all those connected to the person can also take an emotional toll.

Accidents are rarely accidental. They’re usually caused by someone’s fault or negligence. Property owners have a duty to ensure that premises under their control are kept in a state of reasonable safety and any breach of this responsibility makes them liable to pay compensation to those injured as a result.

Consult an experienced Ottawa personal injury lawyer who handles similar cases as soon as possible. You may be entitled to compensation.

Depression and Disability

Studies have shown that disability generates negative feelings that could result in clinical depression. Apart from the emotional symptoms of feeling worthless, sad and without hope, depression has a physical component too – the person can suffer fatigue, loss of/increased appetite, digestive problems, sleep disorders, etc. They may also develop dependence on alcohol or drugs.

Disability suffered in adulthood or among the recently disabled creates negative feelings of self-worth, withdrawal from social and emotional connections, lack of interest in the environment around due to limited mobility and a feeling of being dependent on others. Such persons have clear memories of being able, capable and independent. They find it hard to accept their present limitations and condition.

Common feelings include:

Inability to concentrate or make simple decisions
Loss of purpose or goals in life
Inability to think beyond the present condition
Loss of self-worth and self-esteem
Grief and rage at the cause of the accident
Frustration with inability to work, move or continue normal life
Decrease in quality of life
Boredom due to lack of social interaction
Pessimism and suicidal thoughts

Family, friends and those around the injured person need to watch out for tell-tale signs of depression and ensure that it is addressed immediately.

Psychological or psychiatric counseling and treatment may be required, based on the needs of the injured victim.

Such treatments can be expensive and lengthy. Victims need to be treated by a qualified and licensed professional. An experienced Ottawa personal injury lawyer can help you find the right professional to handle such issues and ensure that you receive the compensation you deserve.

Owen Sound Personal Injury Lawyers: How Much Is A Knee Injury Claim Worth?

Posted on December 12, 2017 by singhadmin

Slip and fall accidents often result in knee injuries. These injuries may heal quickly or they can result in more severe, long-term issues, leading to physical, financial and emotional strain on the injured person and his or her family.

These problems can cause loss of mobility and flexibility and inability to continue with the normal activities that you were used to. These in turn lead to interruptions or stoppage of work, especially if your job involved a lot of physical activity and commuting. Knee injuries can prevent the person from enjoying sports, social and recreational activities, resulting in social withdrawal, isolation and depression.

People who have sustained slip and fall accidents often assume that these were simply “accidents.” In fact, most accidents are caused by someone’s fault or negligence. Whether you were injured in a private residence, grocery-store, supermarket, mall, parking-lot or a public park, pool-side, government or municipality owned property like a train-station, bus bay, a pavement, elevator, escalator, amusement park etc, the property owner is responsible for the safety of the premises.

Consult an experienced Owen Sound personal injury lawyer without delay if you or a dear one has suffered injuries as a result of a slip and fall accident. You may be entitled to compensation.

Knee Injuries

The knee joint is a natural engineering marvel, consisting of bones, cartilage, tendons, ligaments, nerves, blood-vessels and muscle. The two bones of the leg, viz., the upper thigh bone and the lower shin bone are joined at the knee. A cap or patella bone covers the joint, which is sandwiched by cartilage that keeps the joint flexible and prevents shock and friction. Several large muscle systems are also joined at the knee by ligaments and tendons.

Any sudden and acute injury to any of these systems can cause knee problems resulting in pain and loss of flexibility and mobility. Direct blow to the knee due to abnormal twisting, stretching, bending or falling on the knee can result in swelling, bruising and pain. Nerves and blood-vessels may also be damaged and can cause numbness and weakness in the lower part of the leg.

It’s important to visit a doctor as soon as possible if you suffer knee injuries in a slip and fall accident. Some injuries may appear minor initially, but they may worsen later if left undiagnosed and untreated.

How Much Are Knee Injury Claims Worth?

It’s difficult to put an exact value on such claims. In fact, “valuing” the case is based on estimating and balancing what a jury might award in a trial to the injured person and what the at-fault party might be willing to pay out as a settlement.

The main factors to be considered are the nature and extent of the injury, resultant damages, how they affect the plaintiff, and whether a jury is likely to find the at-fault party liable.

An experienced Owen Sound personal injury lawyer can evaluate your claim and provide the right information, assistance and guidance to ensure that you get the compensation you deserve.

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