Tag Archives: accident injury lawyers

Toronto Car accident lawyers: What are some of the most important questions to ask?

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I understand that family members of persons injured in car accidents may also have the right to sue. 

Toronto car accident lawyers know that when people are injured in accidents, they are not the only ones affected. These mishaps leave their physical, financial and emotional impact on family members too. Ontario laws allow them to make claims under categories like loss of care, guidance and companionship, loss of shared family income, loss of household services, death and funeral benefits, reimbursement of counseling fees in case of emotional trauma, etc. If the damages awarded cross $50,000 there are no deductibles. The eligible family members include spouse, children, siblings, grandchildren etc. We can help you put together a robust claim that establishes the real impact of the accident on the family members of the injured person. Many clients are unaware that their family is also entitled to receive compensation separate from their own claims. This and other useful information can be provided when you consult our highly trained and experienced team in Toronto. 

Who are expert witnesses and how do they affect my claim? 

Toronto personal injury lawyers know from experience that to present a strong claim, it has to be backed by reliable and robust evidence. To prove negligence or fault, establish ownership, prove the nature and extent of injuries, the causes of the accident, the impact of these injuries on the victim etc, the evidence is a must. Otherwise, your claim will not stand and insurance companies and at-fault parties can easily dismiss or dispute it. Expert witnesses are hired by both parties to prove their own claims and to counter the other side’s claims. For instance, medical experts can provide assessments, conduct reviews and tests, recommend treatment and therapies, offer their opinions on the nature and extent of injury and its impact, and produce medico-legal reports. Similarly, automobile experts, engineering experts, etc. may be called to give their testimony. These experts are supposed to provide objective, non-partisan and fair opinions. We can help you to contact genuine experts for this purpose. 

The at-fault party’s insurance-carrier has hired a private investigator to follow me. Is this legal? 

Toronto personal injury lawyers know from experience that insurance companies can and do hire private investigators in search of information to contradict the victim’s claim. These private investigators may follow the victim, conduct surveillance 24×7, dig into your background/financial/health status, talk to your neighbors, friends and co-workers, etc. They can also click photographs and shoot video-footage. Today, rich information is available through your online presence on social media. These platforms are regularly browsed through by investigative agencies to get information that they can use. The main aim of such surveillance is to find evidence that can contradict or weaken your claim. There are certain limits that these agencies have to follow under Ontario’s Private Security and Investigative Services Act 2005. They are not allowed to record/photograph people in private homes, tap phones, or harass you, your family and friends. When you suspect surveillance, contact your personal injury lawyers, and don’t panic because you haven’t done anything wrong. 

Can a parent represent their child who was injured in a car accident? 

Toronto car accident lawyers can give you the right advice in this matter. If a minor child is injured in a car accident, due to someone’s fault or negligence, he/she is entitled to get compensation. The parent can take suitable action on behalf of the child after being appointed as the child’s “litigation guardian.” That means the child is held to be under a legal disability unless the claim is for under $500. This enables you to pursue a claim on their behalf exactly as in the case of other compensation claims. In case there is no suitable person, the court can appoint an official guardian or public trustee. If you are a parent acting as your child’s litigation guardian, it’s wise to hire an experienced personal injury lawyer to help you with the entire process, as there are several complex legal, medical and insurance issues involved. Settlement funds are usually held in trust until the child turns 18, with certain exceptions. 

I was being treated for a medical condition before my accident. Can I still claim compensation for injuries? 

Toronto car accident lawyers and Toronto slip and fall injury lawyers often meet clients, who are anxious about their accident injury claims being rejected because they had a pre-existing medical condition. In many cases, the injuries suffered in the accident can aggravate or worsen the condition, leading to more injuries and setbacks. Under Canadian law, the defendant has to take the victim “as he finds him.” Hence, no matter what the prior health status, clients are still entitled to claim compensation for losses and injuries suffered in the accident in question. There are also cases where the victim is particularly weak or sensitive and suffers greater injuries that others typically may have done. This is known as the “thin skull” principle in law and the amount of compensation can vary according to the circumstances in each unique case. We can help you put together a strong claim, to get you the compensation you deserve.

Car Accident – Lost Job. We Can Help. Brampton car accident lawyers

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When car accidents happen, they can result in significant disruption to your life and that of your family’s regardless of the nature and extent of your injuries and losses. However, when there are serious, life-altering injuries, the physical, financial and emotional consequences can be devastating. Whether you are the primary income-earner in the family or you contribute to it, being injured means that you need to take time off from work for treatment and rehabilitation.

Medical treatment, hospitalization, follow-up visits, therapy, etc. result in huge expenditure. Emotionally, this is a very difficult time for the victim and loved ones. The injured person may need care and assistance to perform the tasks of daily living, feeding, toileting, grooming etc. The loss of companionship, guidance, and care, help in making important decisions and lack of emotional support, help with household chores and tasks that were available prior to the accident can impact relationships and emotional well-being.

Claiming Compensation

As experienced Brampton car accident lawyers know, accidents are rarely accidental. They are in a large part caused by someone’s fault or negligence. Those injured in the accident are entitled to claim compensation for their losses.

There are different avenues of compensation available to injured victims. Statutory insurance benefits are available in Ontario to all victims through their own auto insurance policies, regardless of fault. This provides some amount of income replacement, reimbursement of medical and rehabilitation expenses and some other categories, based on the terms of the contract. Another area that can be tapped is to file a personal injury lawsuit against the at-fault driver. You are entitled to seek damages for pecuniary and non-pecuniary losses.

Have You Lost Your Job Because Of Inability To Work?

One of the most distressing aspects of being injured in an accident is the loss of function or working capability. It can put people and families into a serious financial crisis. Income replacement is essential because it helps to restore financial stability. In general, up to 70% of gross income replacement may be awarded and in some cases, this can go up to 100% based on the individual circumstances of each case.

Injured While Driving To/On Work

If the collision happened while you were driving to work, using a company vehicle, or were traveling on work related to the company’s business, other complex issues may arise. These concerns help in establishing the actual liability and responsibility, determining which insurance company should make the settlement payout, exploring other avenues and special benefits including workers’ compensation etc.

This is where an experienced, knowledgeable Brampton personal injury lawyer can give you the right advice and assistance.

Most people are unaware of the various options available to them. They may also not know how the specific laws in Ontario are applicable in their cases. Employers can be held liable if the collision occurred within the scope of your employment terms, the accident happened when you were on company work, and the company would have benefited from the work that you were on. In such cases, the company’s insurance coverage will apply as third-party damages. This also applies to drivers and passengers in the at-fault vehicle, pedestrians, passengers in the company’s vehicles etc. However, if you were on a personal errand or business at the time of the accident, or were committing a crime at the time, like drunken driving or running a red light, the liability remains with you.

In addition to employer’s compensation, you are also entitled to file a personal injury suit against the at-fault driver. Since employer’s compensation generally covers only a part of the lost wages and does not compensate you for pain and suffering, this additional suit can help you to make up the shortfall. 

How Is Income Loss Calculated?

Under Ontario laws, the injured person is not eligible to receive any compensation for the first seven days following an automobile accident. This clause does not apply for injuries sustained in other types of accidents. Statutory accident benefits coverage is available up to a maximum of $400 per week, but if there is a difference between this amount and what you normally earn, you have to claim this from the at-fault party. Generally, income loss is calculated by examining your previous paychecks, tax returns, bank statements and any other documents that can prove how much you were earning.

Income replacement also depends on the nature and extent of an injury and your age at the time of the accident. If you are completely disabled, you may receive more compensation, again based on your age, possible career path, pay hikes you may have received, and also your ability to take up an alternate career at a later stage.

These benefits are not for life and you have to ensure that a suitable life-plan is created and documented so that your future is taken care of.

Brampton Motor Vehicle Accident Lawyer: How Brampton Motor Vehicle Accident Lawyers Can Help You With Your Claim?

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Motor Vehicle accidents can have a devastating effect on not just those directly involved, but also their families. No matter what the nature and extent of the injuries and damage, victims may have to spend a lot of time undergoing treatment, take time out from work, follow up on the paperwork and ensure that their rights and entitlements are protected. Brampton Motor Vehicle accident lawyers can provide the right advice and assistance in such cases.

Do You Really Need A Lawyer?

This is a question that almost every client faces at some point following an injury. While it’s true that legally speaking, you are free to represent yourself in negotiations and in court, there are several real benefits that an experienced Brampton personal injury lawyer can provide.

Personal injury claims hinge on proving negligence or fault of the other party. When you’re injured and probably hospitalized or undergoing treatment, it’s certainly impossible to deal with the complex legal, medical and insurance matters involved.

Let’s look at some of the advantages of entrusting the case to a Car Accident Lawyer Brampton:

Information: Most people are unaware of their rights and entitlements. They may not know exactly what claims they can make. Most victims understand that they can be compensated for medical expenses and loss of income, but they may be unaware of claims like statutory accident benefits, loss of guidance and companionship, emotional distress, pain and suffering, etc or that their family-members can also make claims. We provide detailed information on all the options available to you in our first, free, no-obligations consultation.

Paperwork: The process of filing claims is highly complicated, with several deadlines that have to be met. Car accident claims must  be filed within the prescribed time-limit and in the correct format. Demand letters and notifications accompanied by the correct documentation have to be sent to ensure that your claim is not rejected.

Investigation and Gathering Evidence: Personal injury lawyers and law-firms have the resources to conduct independent investigations. We can get the services of experts to provide reports to back your claim. Crash-specialists, medical experts, automotive engineers, witnesses, your employers, etc can be assigned the task of providing the necessary proof of your Brampton Car Accident Claims. This can be accompanied by documents, photographs, CCTV footage etc. We can also access police and traffic records to shore up your claim if the other party was drunk, speeding, distracted etc.

Negotiation: It is a fact that more than 95% of personal injury claims are settled outside the courtroom. This is done through negotiations and presentation of evidence and counter-evidence from both sides. Insurance-companies are for-profit organizations whose job is to protect their own business interests. That’s why they may use various tactics to delay/deny/dismiss/dispute your claim. Our experienced Brampton Lawyer 24/7 can help you to defend yourself against such activities. Often, insurance claims adjusters may offer a swift, but low-value compensation, assuring you that this is all you will get. However, hiring an experienced lawyer gives them the idea that you are serious about your claim and know your own rights and entitlements.

Procedures: Most people get their ideas about law and lawyers from the media. What’s shown on TV and film is certainly not the whole story. In reality, getting the compensation you deserve is a process that needs patience, experience, an eye for detail and expertise in the law. Negotiation skills are at the forefront of successful claims. We can review your insurance-contract and get the maximum possible settlement under the terms of your policy. We can also prevent any violation of your rights and help you to protect yourself against saying or doing anything to jeopardize your own claim. In some cases, the at-fault party may refuse to respond to your claim. We can help you prepare the pleadings, complaint letter etc which has to be responded to within a certain time limit. The process of discovery is another area where our skills can benefit you. Here we can ask for information about the at-fault party and also depose their witnesses.

Trial: Though a majority of cases are settled without going to trial, in rare circumstances, your case may have to be tried in court. That is why it is important to hire a Brampton Injury Lawyer Near Brampton Civic Hospital right from the early stages of the claim. This gives them the leverage and the familiarity with the case to put their best in court. Our Brampton Motor Vehicle accident lawyers can represent you in both negotiations and in court. Some clients want to “have their day in court,” especially if the case is tied up with strong emotions or they feel that the at-fault party needs to be publicly dealt with. In all these cases, we are prepared to advocate for you with all the experience and expertise that is at our command.

How Do I Make An Accident Claim For Benefits Following Injuries In A Car Accident?

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Brampton car accident lawyers can understand the chaos and confusion that usually follow in the wake of an automobile accident, whether major or minor. If people have been injured, the issues get even more complicated. In such a scenario, it’s entirely possible that those involved focus on the immediate situation – getting emergency medical treatment, notifying the police and traffic authorities, ensuring that people are safe etc.

Unfortunately, this is also a crucial period in terms of the legal and insurance issues connected with making a claim for compensation for losses sustained due to injuries or property damage. Under Ontario laws, anyone who is hurt in automobile accidents is entitled to claim statutory benefits from their own insurance carriers, regardless of fault. In addition, they are also entitled to file a personal injury suit against the party who is responsible for causing the accident.

It’s wise to get help from an experienced Brampton personal injury lawyer to advise and assist you through this process. We protect your rights, deal with insurance companies, ensure that your claims are filed accurately, in time and at the right venue and support you and your family till you receive a satisfactory settlement.

Step By Step Claim Filing Process

It’s important to understand the complex nature of the process, the legal and insurance aspects, rules and regulations and the procedures involved in filing a compensation claim. Claims are often rejected or delayed for a variety of procedural and technical reasons. We make sure that you get it right the very first time.

Contact an experienced personal injury lawyer from Singh Barristers who has dealt with similar claims. This can steer you in the right direction right from the start.

Let’s look at the process in a step by step manner:

The Financial Services Commission of Ontario’s website provides detailed information on what should be done following a car accident.

You can also contact your personal injury lawyer who can advise you on the way forward. The police or traffic authorities have to be informed immediately and you should call an ambulance or emergency services if someone has been injured.

  1. Inform your insurance company, agent or broker immediately. This should be done within seven days of the accident, otherwise your claim will not be honored, no matter how badly you’re injured, or what losses you’ve suffered. When you call to inform them, make sure you provide as many details as you can, regarding the at-fault party’s vehicle, ownership, insurance company etc. Provide details about the accident regarding time, place, date, the extent of injuries, damage to the vehicle, name/badge number of the police officer/s who responded. Provide a brief, factual description of the accident without giving opinions, assigning blame or indulging in speculation. Inform the insurer that you intend to make a claim.
  1. Read your own insurance policy and ensure that you are familiar with all the terms and conditions. This is important because you will be filing a claim for statutory accident benefits, available in Ontario regardless of fault.
  1. Request an Application form for Accident Benefits. Don’t assume that your insurance company will send it to you automatically.
  1. Fill up the form: It may include portions to be completed by your employer for information about your work and income and another form to be completed by the medical professionals involved in your treatment. Self-employed persons have to provide tax returns, etc. as proof of income. There may be other forms to fill up which describe the category of benefits that you want to get. You can seek the help of our legal team of experienced personal injury lawyers while filling up the forms, since any mistake can be detrimental to the success of your claim. The set of forms also includes a Permission to Disclose Health Information Form and a Treatment Confirmation Form. All these must be duly completed and returned within the specified time.
  1. You may be contacted by the claims adjuster assigned to your file. They may ask you questions over the telephone or request a personal meeting. Speak to your personal injury lawyer before such a conversation or meeting and ensure that you don’t make any inadvertent statements that could jeopardize your claim.
  1. Insurers may require you to undergo medical assessments. These are conducted by doctors and medical professionals of their choice. Make sure that you cooperate fully in these evaluations.
  1. Compensation is sought for income replacement or non-earner benefits, caregiver benefits if applicable, attendant care, medical and rehabilitation expenses, other out of pocket expenses like travel, visitors, housekeeping, household maintenance, educational expenses, etc based on the terms and conditions as applicable in your insurance policy and/or that of the at-fault party. If death occurs, the family is entitled to claim compensation for funeral expenses and death.

Once the application is completed and submitted, you need to wait for the response. Meanwhile, avoid social media posting or talking about the claim to anyone other than your lawyers.

Accident Hot Spots On Ontario Highways

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Recent reports released by the Ministry of Transportation of Ontario have been alarming. More than 14 accidents have already been reported on Highway 138 as of April 2018. This highway is an important link between 401 and 417 and has heavy traffic. There are several points along this route that are hazardous and where serious accidents have taken place.

Motor-vehicle accidents happen for various reasons, but not all of them are truly accidental. They are mainly caused by someone’s fault or negligence. Drunken or drug-impaired driving, speeding, aggressive or distracted driving, inexperienced or aged drivers, failing to notice or obey warning signs etc are some of the main reasons. Unfortunately, the injured victims in such cases and their families stand to bear enormous physical, financial and emotional consequences. Loss of income and wages, medical and rehabilitation expenses and the prolonged experience of pain and suffering take a heavy toll. Victims are entitled to seek compensation through statutory no-fault benefits or they can institute a personal injury claim against the at-fault party. There may be multiple parties involved in such cases and it may be difficult to establish the correct chain of responsibility. Insurance companies who must make the payments may not act in good faith – they may deny/dismiss/dispute/delay your claim. They may also try to fob you off with meager settlements that do not take care of your present and future needs.

An experienced Toronto personal injury lawyer with experience in handling such cases can help you to safeguard your rights and achieve the compensation you rightfully deserve.

Delayed Head Injury Symptoms: What Should You Do?

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Accidents can result in a variety of injuries. These may range from simple cuts, bruises, lacerations, sprains etc to broken bones, traumatic brain injury, amputation, disfigurement or even death. In some cases, the person may feel that they have escaped without a scratch. After a gap of time, there may be certain changes that cause concern. Sometimes the injured person may not notice them, but friends, family or co-workers may recognize the changes. Investigations could reveal serious brain injuries that prevent the person from working and earning a living, but insurance companies may deny or dispute your claim.

In the case of motor-vehicle accidents, a statute of limitations exists within which claims can be pursued. The accident has to be reported immediately or within 24 hours if the police did not arrive. Your own insurance-company should be informed within 7 working days. The at-fault party/parties have to be notified within 120 working days and a suit must be filed within two years. There are time limits to pursue appeals if claims are denied. If you suffered head injuries following a slip and fall accident in a public place, the municipality has to be informed within 10 days of the accident. Instituting a personal injury suit has to be done within two years. There are different rules for disability claims and death. Ensure that you get immediate medical treatment and follow all instructions carefully. Get as many details about the accidents and witnesses as possible. Toronto personal injury lawyer can help you get the compensation you rightfully deserve and also protect your rights.

Sports Injuries: Establishing Liability

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Canada is a country where people enjoy and love to participate in a variety of outdoor activities and sports. Whether it’s summer or winter, there are a number of facilities where people can compete, take part and keep themselves fit. The top sports that Canadians whether young or old enjoy are cycling, riding ATVs (all-terrain vehicles), skiing and snowboarding, playing in local or school playgrounds, hockey, football, rugby, skating etc. Other niche sports like animal-riding, motor-vehicle racing etc are also popular. Statistics show that cycling is the top sport that causes injuries that need hospitalization. ATVs and skiing follow next, while other sports cause fewer injuries.

Whatever the nature of sport, if you are injured due to someone else’s fault or negligence, you are entitled to seek compensation. These cases are challenging because there is a legal “assumption of risk” or in other words, you engage in the sport knowing fully well that there are risks involved. When you’re injured, an experienced Brampton personal injury lawyer can conduct independent investigations into the circumstances to establish who exactly was negligent or at fault in causing the accident and injury. This could be a person, an institution, corporation or organization or many parties together. We can help you put a robust claim together showing how exactly this person or entity’s carelessness or fault caused the accident. Intentional acts, recklessness, negligent coaching, defective products, etc can be the reasons. Contact Brampton personal injury lawyer now for a genuine, swift and comprehensive evaluation of the circumstances and a free consultation to help you take the claim forward.

When Accident Benefits Are Delayed: Car Accident Claims

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Insurance companies are required to pay out certain moneys to those injured in accidents. This may be under the category of statutory benefits regardless of fault, or as a result of a personal injury suit. Following such accidents, injured victims and their families become dependent on such payments if they have no other source of income and/or the injured person was the sole/substantial breadwinner in the family. Sometimes these payments are delayed, or your claim is disputed. Whatever the reason, it’s important to contact an experienced personal injury lawyer without delay.

We can conduct inquiries on your behalf and discover the reason why your payments are not being made. For instance, if there is miscommunication between you and the insurance company, you have not answered their mails or your address is different from the one given on the policy, it’s a matter of setting the record straight. In other cases, the required paperwork may not be in order. What victims may fail to understand is that insurance-companies are for-profit organizations that focus on protecting their own business interests. They may conduct their own independent investigations and come up with certain information that contradicts your claim. Their own medical experts may provide them with information that doesn’t support your claims. Claims-adjusters conduct personal surveillance, talk to employers, neighbors, co-workers, friends, family etc and check social media for information on you and this could result in denial of claims. Toronto personal injury lawyers can help you to contest the insurance company’s stand and also go on appeal if necessary.

Should I Accept An Out-Of-Court Settlement for My Car Accident Claim?

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Most accident victims who institute a claim for compensation when they have been injured in car accidents face this situation. The insurance company that has to make the settlement payout makes an offer that seems attractive at first glance.

It’s important to understand that insurance-companies are for-profit organizations that are focused on protecting their own business interests. Hence, any offer that comes from them should be thoroughly discussed and analyzed with an experienced personal injury lawyer before you sign on the dotted line.

Expensive medical treatment, loss of income, difficult to sustain household maintenance and the stress caused by accidents makes people and their families vulnerable. The immediate relief that victims and families get with a swift if meager settlement is undeniable. Court processes can be challenging, unpredictable and lengthy. Many people prefer to “get on with their lives.” Settlement also ensures your privacy and confidentiality as your private matters don’t become a matter of public record. Another reason to prefer settlement is that it’s a fact that 95% of personal injury claims are settled out-of-court. Unless you’re determined to have your “day in court” or it’s a matter of social/ethical/national importance, settlement is a good option.

However, as your personal injury lawyers will advise, the fact that the insurance-company has come forward could mean that it’s a tacit admission of fault. Courts may award very large settlements. If your personal injury lawyer advises, it’s best not to grab the first offer that you get. Negotiation, mediation and arbitration could yield better results.

Car Accident Claims: Call The Police Immediately

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Recent studies show that nearly 60,000 people suffer from injuries of different types in Ontario annually as a result of car accidents. Some of these accidents result in the death of drivers, passengers and pedestrians, while in others, people suffer a range of injuries. Whatever the nature and extent of injury, it’s important to seek immediate medical attention from a qualified medical professional.

Another very important step to take is to inform the police right away. You or others with you may assume that the injuries and damage are minor, but in order to claim accident benefits, the police have to be informed. Ontario laws specify that injuries and damage to vehicles that are estimated to be $2000 or more have to be reported to the police. However, it’s not easy to estimate what exactly the extent of injury may be at first glance. Some injuries appear minor initially, but turn out to be serious at a later stage. If you have not filed a police or traffic report on the collision, it’s difficult to prove to insurance claims adjusters that your injury was directly caused by the accident.

If you can take photographs of the accident scene, with exact time and date stamp, that show the location, damage and injuries, position of the vehicles, with important landmarks nearby, these are important pieces of evidence. Contact an experienced car accident lawyer to help you with the process of achieving compensation. We can ensure that your rights and interests are fully protected.

Aggressive Driving Is On The Increase: Your Car Accident Compensation Claim

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A recent study involving 12,000 Ontario motor-vehicle drivers showed an alarming correlation between an aggressive style of driving and possibility of accidents. The drivers were given a series of questions to answer and their replies provide important clues to the cause of accidents.

More than 30% of those who took the survey admitted that they experienced short bursts of rage while driving. They reported that they had indulged in cursing, screaming and displaying offensive gestures to other road users. Though this behavior may seem insignificant, psychologists find that it is as distracting as texting while driving in terms of the way it affects a person’s driving habits. Aggression while driving can have almost the same effect as being impaired by marijuana or other narcotics, since it may create the same level of altered consciousness and judgment. As a result, such behavior can just as easily cause an accident as using a phone or briefly taking your eyes off the road. More than 200 Ontarians admit they felt such intense rage that they were willing to risk getting into a collision or injure another person.

Aggressive behavior includes improper following, speeding, failing to yield, not paying attention to weather or traffic conditions, improper passing, risky driving maneuvers, etc. If you or a dear one has been injured in an accident caused by an aggressive driver, contact an experienced personal injury lawyer immediately. You may be entitled to compensation. We can help you to put together a robust claim backed by evidence of aggression while driving.

Avoid Talking To At-Fault Party Insurers or Representatives: Your Car Accident Claim

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When car accidents happen, the primary focus remains on ensuring that injured people get prompt medical attention. Following this, there are several events that take precedence, like dealing with the financial, physical and emotional crisis, etc. Most people assume that their insurance company will take care of the compensation aspects. In fact, they are duty bound by contract to do so. However, in reality, being for-profit organizations, they tend to put their own business interests ahead of their clients’.

When the insurance company is informed about an accident, they immediately begin an investigation into the circumstances. This is mainly to confirm that the facts as claimed are true. A claims-adjuster is assigned to your case and this person’s loyalty is firmly towards his/her employer: the insurance company. Hence, they may adopt various tactics to dispute, delay, deny or dismiss your claim. Since there are several complex legal, medical and insurance issues involved, it’s difficult for victims to work through these and get all the benefits they’re entitled to.

Claims-adjusters may pose as your friendly, helpful agents, but it’s important never to give a recorded statement, make inadvertent remarks that assign some part of the fault to yourself, apologize, give permissions to access private, confidential, medical, personal and employment information, etc. Insurance companies may also undertake surveillance, investigate your social media profiles, talk to your employers/friends/family/neighbors etc in search of any contradictions in your claim. Contact an experienced personal injury lawyer without delay to represent you in all communications so that your interests and rights are well protected.

Your Accident Injury Claims: Be Alert While Talking To Your Doctor

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Insurance companies have to compensate injured persons for income-loss, medical and rehabilitation expenses, disability, death, pain and suffering, care-giver expenses etc based on the contract signed with the insured person. However, they may not act in good faith because they are focused on protecting their own business interests. Hence they may dispute or deny your claim based on various technical aspects.

A vital aspect is the medical testimony of your treating doctor. It’s crucial to seek immediate medical attention if you or a loved one has been involved in an accident. You may assume that your injuries are minor or that you’re completely unhurt. However, from a medical, legal and insurance point of view, it’s important to consult a doctor and leave a paper-trail. Otherwise it’s difficult to establish the connection between injury and accident.

Be completely frank in disclosing health status, habits, medical history, circumstances of the accident etc to your doctor. Never discuss legal concerns with your doctor. You could create a negative bias. Follow medical prescriptions/orders strictly and don’t miss appointments. Tell your doctor about all your symptoms including pain, emotional state, changes etc. without exaggeration. If you’re unable to work because of injuries/pain/disability/depression/anxiety, ensure that this goes on your medical record. Don’t forget to maintain an accident and medical journal to record each and every incident, report, test, diagnosis, treatment, medication, conversation etc related to your injuries.

An experienced personal injury lawyer team can help you get the best medical treatment available and also ensure that your rights and entitlements are safeguarded.

Planning a Weekend Party? Host Liability Facts You Must Know

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As a social host, you have a duty of care to ensure that all your invited guests stay safe on your property, reach their homes safely and don’t cause harm to others on the road. Under Ontario’s social host liability laws, social hosts are those who don’t sell alcohol for profit, have a friendly, non-employer relationship with guests and are serving alcohol on premises fully under their control.

Even if the party is one where guests bring their own drinks this liability remains. If you or a loved one has been injured in an accident after leaving a party hosted by a faulty or negligent host, contact an experienced personal injury lawyer immediately. You may be entitled to compensation.

There are various types of social host liability under this law. Liability as a server occurs if the person serves alcohol beyond the point of intoxication, knowing that it is hazardous to do so. Liability as a sponsor of potentially dangerous activities such as impaired driving is another type. Premises liability also comes under this category. The host should have a choice of alcoholic and non-alcoholic beverages. There should be plenty of water to drink. Hosts should restrict their own drinking so that they remain alert. It’s important to check beforehand with a group if they have a designated driver, so that this person’s intake can be monitored. In case a guest is unable to drive himself/herself home, hosts should provide accommodation till the effects of alcohol wear off fully. Hosts should ensure that they have a handy list of call-taxis or designated driving services.

How To Select The Right Personal Injury Lawyer?

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If you or a dear one has been injured in an accident that was caused by someone else’s fault or negligence, contact an experienced personal injury lawyer without delay. You may be entitled to compensation for your income/wage loss, medical and rehabilitation expenses and pain and suffering if you fulfill the eligibility criteria and if your claim is deemed to be valid.

Having the right personal injury lawyer to advise, assist and advocate for you can help you to achieve a successful outcome. While selecting a personal injury lawyer, get recommendations from trusted sources – family, friends, your doctor, family lawyer etc. You can also get information from legal directories, local bar associations and from personal injury lawyers’ websites. Ensure that you provide complete information about your case. First consultations are usually free, so you have the opportunity to voice your concerns, ask questions and gauge how comfortable you feel with the person.

Ensure that the law-firm and lawyer have the necessary licenses, qualifications, training and experience to handle cases similar to yours. Check their credentials independently on reputed peer review organizations like Lexpert, Best Lawyers in Canada etc. They should be members of bodies like the Ontario Association of Trial Lawyers. Look for on-line reviews, peer reviews, media reports etc and talk to former clients if possible. Get information about their philosophy/ethics, whether the lawyer has published articles/books. The firm should have the financial resources to pursue your claim and also have good contacts in health-care to help you get the best medical help and testimony.

Drowsy Driving As Dangerous As Drunk Driving

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According to Transport Canada, an estimated 60% of drivers across the country have gotten behind the wheel though they felt drowsy. More than 30% of drivers have actually fallen asleep while driving. These startling facts bring into sharp focus the consequences that are sure to follow such hazardous behaviors.

Drowsy driving is today a nation-wide problem and on par with drunken driving. It happens across all age groups though younger people are more prone to take such risks. It has a serious impact on your abilities and poses a huge risk to all those who share the road. Driving while fatigued or sleepy is dangerous because it affects reaction time, impairs judgment and decision-making, affects focusing abilities, depth perception, vision, co-ordination and motor-skills. The warning signs include yawning, heavy eyelids, inability to hold the head up, wandering thoughts, memory problems etc.

Many people fail to understand the seriousness of driving while fatigued or sleepy. If the vehicle is a large truck, bus or semi with trailer, the results can be disastrous. However, as there is no objective test for drowsy driving, it can be difficult for the driver himself/herself to judge whether they are indeed too sleepy to drive.

If you or a dear one has been injured in an accident caused by a sleepy driver, contact the best car accident lawyer in Ontario. You may be entitled to compensation for the damage, injuries and losses caused in such accidents. We can help you put together a robust claim and safeguard your rights.

What Are The Common Fractures Sustained In Auto Accidents?

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Car accidents are a common reason for fractures and broken bones. Collisions cause the body to experience huge impact forces, resulting in various types of injuries. If you or a dear one has sustained injuries in a car accident, it is your legal right to seek compensation for your losses. Accidents are rarely accidental and most of them are caused by someone’s fault or negligence.

Any bone in the body can break when battered by the impact forces in a collision. You may be thrown against hard interior surfaces, thrown out of the car or you may be caught between parts of the vehicle or between two vehicles. Crush impact happens when large vehicles collide with smaller ones. When collisions happen, people instinctively throw their hands in front of their faces resulting in broken wrist, fingers, elbow etc. You may also extend your feet or slam on the brakes reflexively, causing fractures.

What are the common fractures and their effect?

Common fractures include Tibia, Fibula, Femur fractures, hip, rib and pelvis fractures, back and shoulder bone fractures, facial and skull fracture, cervical (neck) fracture, wrist and arm fractures. Though most of these are not life-threatening, they result in restricted mobility, long/short-term disability, loss of function, pain, and suffering. Since the victim has to undergo various types of treatments and therapies and be on painkillers, they are unable to work. Loss of income/medical-rehabilitation expenses causes financial crises. Contact an experienced personal injury lawyer to help you understand your rights and entitlements and help you get the compensation you deserve.

How To Treat Broken or Fractured Arm After Car Accidents

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Broken or fractured arm after a car accident is not only painful, it results in a time out from work and may need lengthy treatments including surgery. It prevents you from carrying out your normal routine, it’s also uncomfortable, restricts mobility and makes it difficult to feed, groom and toilet yourself.

Accidents are most often caused by someone else’s fault or negligence. You can file a personal injury claim for compensation against those who were responsible for your accident. Injured victims are also entitled to compensation under statutory benefits in Ontario regardless of fault.

Symptoms include pain, swelling, and obvious deformity, inability to move the arm and/or decreased sensation. It’s important to get immediate medical attention, as there could be nerve damage, ligament or tendon tears, soft tissue injury etc. In very severe compound fractures, pieces of the broken bone may pierce through the tissues, resulting in open wounds. 

What is the treatment of fractures?

Treatments have to be carried out by a qualified physician or orthopedic specialist. In severe cases, where there are chances of nerve damage, severe lacerations or multiple fractures, hospitalization may be necessary. The arm must first be stabilized with a thick towel or cloth to prevent movement. An ice-bag helps to reduce swelling and pain for short periods. Split, full or partial cast will be put on by the treating doctor, and the arm must be put in a sling. Pain-management with painkillers like ibuprofen are usually prescribed.

Broken/fractured arm treatments can be quite long-drawn-out and expensive. Personal injury lawyers help you get the compensation you deserve.

How Do Car Accidents Cause Fractured Kneecaps?

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Kneecap fracture is caused when the knee area sustains a direct blow as a result of a motor vehicle accident, sports accident or a slip and fall accident when the knee is severely impacted with a hard surface. These injuries cause immense pain and restrict your mobility for a long time, till the area is completely healed. These fractures account for nearly one percent of all bone injuries. There can be a partial or complete fracture, the bone may break into two or more pieces, depending on the nature and extent of the impact.

What is kneecap? The “kneecap” is a triangular section of bone that is located in front of the knee. It is connected to the joint and the upper and lower leg by several tendons and ligaments. It is not essential in walking or bending the leg, but it helps to increase muscle efficiency and acts as a shock absorber. When we perform activities like climbing stairs or squatting, the kneecap absorbs the maximum stress.

What are the symptoms of kneecap fracture?

The symptoms include severe pain and swelling, inability to extend the leg, tenderness when pressure is applied and a deformed appearance. It’s important to consult a qualified doctor immediately if you experience any injury in your knee area after an accident. Fractures are diagnosed by X-rays and physical examination.

Treatment is based on the severity of damage. Painkillers, surgery, kneecap replacement surgery, etc may be required. Physiotherapy is needed post-surgery to regain flexibility.

If you or a dear one has suffered such an injury, contact an experienced car accident lawyer immediately. You may be entitled to compensation.

Car Accident Injuries: Dealing With Hip Pain

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If you or a dear one has suffered injuries in a car accident, it’s important to be aware of the different areas where you may feel pain. When there are serious injuries, it’s possible that the trauma prevents you from feeling lesser pains in other areas. These injuries, if left untreated, can cause bigger problems like osteoporosis etc later on. After consulting a qualified doctor, contact a car accident lawyer immediately. You may be entitled to compensation.

What is a cause of Hip pain?

Hip pain is a common after-effect in motor-vehicle accidents. This is caused by a variety of injuries like acetabular fracture (break in the hip joint bones), bursitis (inflammation of the bursae) hip fracture or dislocation, tendonitis etc.

Such injuries occur when the knee slams into the dashboard, due to forceful impact in a collision, or sudden jerking movements that cause sprains/strains/tendon-tear etc.

What is treatment of Hip pain?

Treatment comprises pain-management, anti-inflammatory drugs, physiotherapy, activity modification, steroids or surgery.

There are serious physical, financial and emotional consequences, both long and short term. Restricted mobility and post-surgical convalescence may require the injured person to discontinue working. Traumatic arthritis and excruciating pain are some of the after-effects. Pain relieving medications can cause the person to be drowsy and unable to work. This leads to loss of income/wages. High medical and rehabilitation expenses, along with pain and suffering can cause enormous distress to the entire family. If your accident was caused by someone else’s fault/negligence, you’re entitled to compensation. Our experienced personal injury lawyers can help you get the compensation you deserve.

Accident injury lawyers near me

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Accidents are usually caused by someone’s fault or negligence. The injured are entitled to compensation for their physical, financial and emotional injuries and losses that they suffer.

In the confusion and mess that follows a serious car accident, people tend to focus on the immediate needs of the situation: Getting medical attention, informing the police/traffic authorities, ensuring that the family is kept informed etc.

This is also the “Golden Hour” when important legal aspects have to be protected. Insurance companies that make the settlement pay-outs require proof of injuries, their nature/extent/impact and tangible proof of fault/negligence.

Evidence to build a robust claim could be lost, forgotten, missed or deliberately destroyed. That’s why it’s crucial to consult a car accident lawyer immediately.

Many clients say, “I’d like to consult accident injury lawyers near me” This is a wise and practical decision. A local attorney understands local conditions/circumstances/weather/civic issues. We’re familiar with venues/jurisdictions/filing norms/procedures. We also keep abreast of current rulings on similar claims in the jurisdiction. We have more experience in handling local cases and know the local court system. There are no heavily-padded travel/accommodation expenses to be paid. We help you to get the best medical/rehabilitation attention. We are available 24×7 and can start working on your claim immediately. Clients can consult us without having to travel for long distances, communicate only on the phone or via e-mail. You can also get a chance to check their credentials more thoroughly, understand whether they share your goals and philosophy, and observe them at work if you like.

Auto accident injury lawyer: Make Sure Your Claim Isn’t Denied

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Personal injury lawyers find that insurance companies don’t always respond positively to claims. We strive to prepare our clients for the harsh reality that these companies are for-profit organizations, focused primarily on their own business interests. 

People trust insurers to come to their aid in a crisis. They pay premiums regularly believing that they have coverage against the financial consequences of disasters. However, insurance-companies may delay, deny or dismiss claims, cite technical reasons for non-payment, minimize the nature/extent of injuries/losses/expenses etc. 

It’s crucial to ensure that your claim is thoroughly examined and filed in the correct format, within the prescribed time and backed by robust evidence. 

Experienced car accident lawyers can help you with this. 

Typical Reasons For Claim Denial 

Clients must ensure that their policies are valid and premiums are paid fully and up-to-date. Reporting the accident and visiting a physician immediately are essential. 

Some common reasons for denial: 

Liability not established: The wrong at-fault party, location not covered in policy, etc 

Typos or factual errors: Spelling-mistakes, wrong address, status-changes, family-member added etc 

Unnecessary extras: Don’t try to pad your claim – stick to the facts and don’t try to profit from the claim. 

Partial responsibility: You may have contributed to the accident in some way by being careless or negligent. 

Using surveillance:  to confirm/contradict your claim is common and they could come up with “evidence” to dispute your claim. 

Get experienced help from a knowledgeable Auto accident injury lawyer who has handled similar cases to help you get the compensation you deserve.

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

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

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

No Wet Floor Sign?

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

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

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

Safe practices include:

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

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

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

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

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

Hurt On Private Property? Your Legal Options

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

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

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

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

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

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

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

Types of Injuries

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

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

Who Is Liable?

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

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

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

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

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

What Is ATE?

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

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

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

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

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

Time of Purchase

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

Important Aspects

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

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

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