What Are The Common Fractures Sustained In Auto Accidents?

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.

Cornwall Personal Injury Lawyers: How To Apply For Accident Benefits

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

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

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?

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

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

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

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?”

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

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

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

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

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

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

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

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?

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

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?

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.

Can You Be Refused An Auto Insurance Claim? Scarborough Personal Injury Lawyers Can Assist You

In the aftermath of a serious motor-vehicle accident, injured victims and their families often console themselves thinking that their insurance coverage will take care of their expenses. Hospitalization and medical treatment, rehabilitation, therapies etc, coupled with dwindling family finances caused by the injured victim’s inability to work can create a highly stressful situation. The victim and family have to undergo severe physical, financial and emotional trauma for an extended period if the injuries are serious.

Ontario’s insurance premium rates are the highest in the country. Ontarians pay nearly 55% higher rates than the national average, although they also have the lowest rates of accidents.

Unfortunately, in certain circumstances, insurance companies can deny, dismiss or dispute your claim, leading to a financial and mental crisis. You and your insurance company may disagree on the benefits you feel that are due to you based on your understanding of the contract you have with the insurer.

Brampton Personal Injury lawyers

Ontario offers statutory benefits to all those injured in motor-vehicle accidents, regardless of fault. This amount is to be paid out by your own insurance company. Additionally, injured victims are also entitled to file a personal injury suit against the at-fault party whose fault, negligence or flouting of safety norms resulted in the accident.

Contact an experienced Scarborough personal injury lawyer if you or a dear one has been injured in an accident. You may be entitled to compensation, based on the circumstances, nature and extent of your injuries and their effect on your life.

When Claims Are Refused

Strictly speaking, the insurance company has a right to refuse a claim. The Financial Services Commission of Ontario (FSCO) regulates the insurance industry and has incorporated an Auto Insurance Bill of Rights which sets out rights and responsibilities of the consumer very clearly.

One of the points mentioned here is that you cannot be denied insurance without being provided with reasons given in writing. The insurance company cannot deny you renewal or cancel your policy without informing you about the reason for this.

Making small at-fault claims under your comprehensive coverage may result in higher deductibles or the insurer may refuse to sell comprehensive coverage under your policy. If you have more than two at fault accidents over the last five years, you may be seen as a higher risk.

All insurance companies are allowed to use their own underwriting rules and guidelines. However, these must be submitted to FSCO and approved every year prior to being enforced. Insurers cannot deny claims based on credit history, physical/mental disability, residential address, new immigrant status or whether you’ve only recently got your.

In general, claims are denied because:

  • Your policy doesn’t cover what you’re claiming
  • The policy may specify the number of traffic offense convictions and at-fault accidents above which no coverage will be provided
  • Repeated instances of cancellation of policy due to  non-payment of premiums
  • Record of providing misleading, incomplete or incorrect information to the insurance company

Hence, it’s important to read your policy thoroughly and understand all the conditions and clauses in it. An experienced Scarborough personal injury lawyer who regularly handles such cases can assist you in case you have to file an auto insurance claim.

Oakville Personal Injury Lawyers: Are Walk In Tubs A Good Idea?

Slip and fall accidents pose a huge danger for senior citizens, people in poor health and pregnant women. The physical, financial and emotional consequences can be devastating if the injuries sustained in such accidents are severe.

There are numerous reasons for slip and fall accidents. They’re caused by the lack of traction between the floor and the feet or footwear which causes the body to lose balance and fall. Some of the reasons for such accident include:

  • Wet or greasy floor
  • Freshly-polished, waxed or cleaned areas
  • Liquid spills
  • Food or beverage spills
  • Unmarked elevation changes
  • Missing or broken tiles
  • Damaged flooring
  • Frayed carpets, unanchored rugs and mats
  • Missing or broken hand-rails
  • Lack of warning signs

Get in touch with an Oakville personal injury lawyer if you or a dear one has suffered serious injuries following a slip and fall accident. You could be entitled to compensation. These accidents are usually caused by someone’s fault or negligence and the injured have a right to seek compensation from those responsible for the accident. 

Slippery Baths and Wet Areas 

These are areas which remain constantly damp or wet, especially when the bath or pool-side is shared by a number of people or is used throughout the day.

It may be difficult to detect the presence of liquid spills or water on certain types and colors of flooring and this can lead to a nasty fall. Slip and fall accidents in baths are very common among senior citizens and it can lead to crashing the head against a wall, edge of the tub or taps and result in unconsciousness.

Seniors may also slip when balancing on one leg while getting into or out of the bath.

One solution is the walk in bath. Apart from seniors, it’s a great option for those recovering from injuries or illnesses, professional athletes or those with musculo-skeletal and mobility problems.

What Are Walk In Tubs?

These tubs are fitted with a door that can be opened allowing the person to enter the tub. Water is filled only after the door is shut and before exiting, the tub has to be drained. This means the person doesn’t have to step over the edge to get in and out, thus providing ease of use and preventing loss of balance. Some have a seat for resting comfortably while others resemble the normal reclining bath. The walk in tub can be fitted over a regular one if the design and size are appropriate.

Hand-rails and textured surfaces ensure safety and the shower fitted inside can be used while seated, providing additional comfort and safety. They’re a great way to get hydrotherapy benefits, and they’re easy to clean. Seniors prefer them because they provide independence and privacy.

They have to be fitted with fast-filling faucets, fast-moving drains and excellent temperature controls. They’re not suitable for people who require bathing assistance or are impatient.

An experienced Oakville personal injury lawyer can advise and assist you if you’re sustained serious injuries in a slip and fall accident.

Anti-Slip Floors Can Prevent Accidents: Orillia Personal Injury Lawyers

When we first enter a home, workplace, retail space or public building, one of the first things that we become aware of is the flooring, though this is not a very conscious act. It’s only if the floor is slippery, uneven or it appears wet, greasy etc that we pay more attention to it.

However, certain floors can be hazardous even if they don’t appear to be obviously so. It’s only when we slip and fall that we realize that the floor was dangerously slippery.

Slip and fall accidents can cause a variety of injuries, ranging from minor bumps, cuts, bruises and sprains to serious fractures, traumatic brain injury, head and neck injuries, facial and dental damage, crush and impact injuries etc. The nature and extent of injury depend on the victim’s age, general health, type and location of fall.

When the injuries are severe, they place enormous physical, financial and emotional burdens on not just the injured person, but also on the family.

Most of us assume that slip and fall accidents are just that – “Accidents” – but the fact is that they are usually caused by someone’s carelessness, fault or deliberate breaching of safety norms for various reasons.

This brings us to the question whether such accidents can be avoided and prevented. The answer is a clear Yes!

Property owners have a responsibility under Ontario’s Occupier’s Liability Act to ensure that premises under their control remain safe for all legitimate visitors.

Keeping this in mind, if you or a dear one has been injured in a slip and fall accident, consult an Orillia personal injury lawyer without delay. You may be entitled to compensation.

Role Of Flooring

Slipping is caused by the lack of traction between the floor and the person’s footwear or feet. This causes the body to lose balance, resulting in a fall. There may be a number of reasons for the slipperiness of the floor.

As experienced Orillia personal injury lawyers know from experience, it’s important to understand the reasons for your fall and report it immediately. There are strict deadlines prescribed to file a compensation claim and failure to meet them could rob you of the opportunity to file a personal injury suit. There are different time-frames for private, government and municipal properties.

Selecting the right flooring based on usage is crucial. Installation of anti-skid flooring in wet areas helps prevent mishaps. There are various floor treatments that can keep floors non-slip. Certain materials like natural stone and ceramic are not recommended for high-traffic or wet areas or places meant for senior citizens. Use of safety-aggregates or particles like quartz, aluminum oxide, silicon carbide etc embedded into the flooring provides some friction to prevent slipperiness.

Property owners must also use the right type of cleaning products on anti-slip floors to avoid damaging the micro-particles and thus creating smoothness.

Today there are many innovations in flooring products, along with great design elements, ease of installation and maintenance. All those along the supply/installation/ownership chain have a responsibility to ensure that the right product is used to prevent a dangerous accident.

Oshawa Personal Injury Lawyers: Select The Right Medical Expert!

Slip and fall or trip and fall accidents happen out of the blue, but sometimes their effects can last for a very long time or perhaps even for an entire life-time.

Traumatic brain injury, spinal or neck damage, facial/dental injuries, impact and crush injuries, internal organ damage, fractures of hip, pelvis, ribs, extremities etc can change your life and that of your family’s completely.

Such accidents impose a massive physical, financial and emotional burdens which are difficult to endure. Under Ontario’s Occupier’s Liability Act property-owners are responsible for the safety of all those who enter their premises legitimately.

This allows injured persons to seek compensation from those whose carelessness and negligence caused the accident. An experienced Oshawa personal injury lawyers advice, assistance and advocacy can help you get the monetary relief required to restore the maximum possible semblance of normalcy to your life.

The Role Of Doctors

Proving liability in slip and fall accidents is based on:

  • establishing negligence
  • fixing liability
  • demonstrating the causal relationship between negligence and the accident
  • extent and nature of injuries caused by the accident
  • impact of the injuries and losses caused by them to the victim

Independent investigations can provide information about the negligence and reasons for the accident. However, it’s the medical issues that finally determine the extent of settlement awarded.

Hence, selecting the right doctor is of paramount importance.

How To Select The Right Physician

Experienced Oshawa personal injury lawyers can help you to find the right medical treatment that will aid your recovery as swiftly as possible.

Immediately after a fall, it’s crucial that you visit a qualified physician or your family-physician immediately. This is important not just from a medical or legal point of view but also from a health perspective. Some injuries tend to worsen or show their depth only after a lapse of time. Leaving them untreated could lead to greater problems.

Apart from this, medical evidence can determine the success or failure of your claim. It helps the personal injury lawyer to evaluate the merits of your case, get material that helps him/her prepare for the discovery, negotiation and mediation stages and can play a pivotal role in the success or failure at trial. They provide information on diagnosis, severity, prognosis, duration, recommended treatments, impact of impairment.

The right doctor:

  • Is a specialist with experience, expertise and up-to-date knowledge of your kind of injury
  • Conducts examinations, studies test-results and writes reports himself/herself without relying on ghost-writers
  • Will not share your confidential information with any third party without your consent
  • Is chosen based on the expert knowledge that has to be commented on: treatment, diagnosis, rehabilitation, pediatric/geriatric patient, surgery etc.

Experienced Oshawa personal injury lawyers can help you select the right medical expert based on qualifications and credentials, clean reputation, no malpractice suits, publications and board certifications, cost, technical knowledge, experience, conflict-free career, impartiality, communication skills, presentability, hired-gun risk, peer reviews, cost, previous track record in providing legal testimony etc.

These aspects can go a long way in presenting a robust claim for compensation and ensure that your rights and interests are protected throughout the claims process.

North Bay Personal Injury Lawyers: Did You Slip And Fall In A Store?

Slip or trip and fall accidents can happen anywhere, at any time and to anyone! All it takes is a split second for you to lose your balance but the injuries you sustain in such an accident can change your life forever.

All of us enjoy the classic slip-on-a-banana-peel kind of comedy situation, but few of us realize how hazardous it can be for senior citizens, pregnant women or those who are not in good health. A host of injuries ranging from minor cuts, bruises and sprains to traumatic brain injury, head and neck trauma, spinal damage, facial and dental injuries, impact and crush injuries, and even death can result from a fall.

Such mishaps can occur while you’re out grocery shopping or in a mall, supermarket, farmer’s market or your neighborhood Mom ‘n’ Pop. What many of us tend to feel immediately is an overwhelming embarrassment and we quickly get to our feet hoping no one noticed us taking that spill. We simply want to move on.

However, the type of fall, your general health, age, elevation, etc can have a serious impact on the kind of injuries you sustain.

As an injured victim you are entitled to seek compensation for your injuries from those responsible for creating or ignoring the hazardous conditions that resulted in your accident. An experienced North Bay personal injury lawyer can provide the right advice and assistance.

Store Liability

Businesses that welcome customers to enter their properties have a responsibility to ensure that such premises are maintained in a state of safety. This principle holds true, whether it’s a big international chain, a multi-level mall, a local retailer or a mini-supermarket.

Stores have a legal obligation to ensure that they keep their premises safe. Risks are posed by:

  • Wet, slippery floors
  • Liquid spills
  • Unanchored mats, frayed/torn carpeting
  • Fruit or vegetables, dry or wet goods left in aisles
  • Uncleared ice/snow/water at entrances and exits
  • Debris and clutter
  • Piled up items
  • Packaging bursting open, causing leakage of contents
  • Cleaning products and tools
  • Loose wiring, cables
  • Damaged flooring
  • Missing or broken tiles
  • Badly-maintained washrooms
  • Unsafe staircases, elevators, escalators
  • Missing or broken hand-rails
  • Poor visibility
  • Lack of warning signs
  • Poorly-maintained parking-lots

There may be any number of potential hazards in a store, but it remains the duty of the premises owner, under the Ontario Occupier’s Liability Act, to ensure the safety of the premises under his/her control.

Safeguard Your Rights

Ensure that you report the accident immediately to someone in authority. Avoid making inadvertent remarks like “I’m so sorry, it was all my fault!” or “I should have seen that!”

Seek immediate medical attention from your family-physician and ensure that you follow their advice. Keep all bills/receipts of expenses incurred in relation to the accident. Take photographs of the location, your injuries and the cause of your accident if possible. Preserve footwear and clothing worn at the time.

Get contact details of witnesses. Avoid communicating with the store-owners/insurers etc without your North Bay personal injury lawyer‘s advice.

While you’re recovering, avoid posting on social media.

Peterborough Personal Injury Lawyers: Is Driving Dangerous At Certain Times Of Day?

Accidents are usually caused by someone’s fault or negligence. In a motor-vehicle accident, there may be any number of reasons why it occurred. Distracted, impaired or speeding driver, weather and road conditions, malfunctioning or defective auto parts etc are some of the leading causes of automobile collisions.

Whatever the immediate reason for accidents, the fact is that they leave a trail of destruction in their wake. Damage to vehicles and property, injuries whether minor or serious, hospitalization, time taken off work, spiraling medical and rehabilitation expenses along with immeasurable pain and suffering.

The injured can seek compensation in the form of statutory benefits under Ontario’s no-fault statutory benefits schemes, payable by their own insurers, or they can file a personal injury suit against the at-fault party whose fault or negligence caused the accident.

In either case, it’s wise to consult an experienced Peterborough personal injury lawyer who can provide an initial, free assessment and evaluate the merits of your claim. Armed with this information you can decide on the way forward that will help you achieve the maximum possible compensation.

 

Driving Times And Risks

With more and more vehicles emerging on our roads, it’s more than possible that we get involved in accidents. Younger drivers, aging drivers, more powerful cars, alcohol and drug abuse, distractions, rush hours and peak hours, more automated vehicles that confuse drivers and less time to repair and maintain roads are some of the reasons for the rise in dangers on the road.

Rush hour and school-times are more risky, because you could find unpredictable behavior like unplanned lane changes or children jumping off buses or rushing out of parents’ cars.

An Insurance Hotline report says that seasonal factors are also involved in causing accidents. Contrary to expectations, it’s not winter driving that sees an increase in the number of collisions in Canada. The maximum number of accidents occur between July and August. Holiday spirits, over-crowded cars, impatience and fatigue are the factors that make summer driving difficult.

Other studies show that Saturdays are the days when maximum collisions occur. The reasons are obvious – weekend revelry, excessive consumption of alcohol, more teenagers on the road with speed on their minds. Incidences of drunk driving, speeding and not wearing a seat-belt are most common during Saturday nights.

Naturally, night-time and the early hours of the morning see most number of catastrophic accidents. Studies show that people tend not to wear restraints and seat-belts at night. The number of non-seat-belt wearer related accidents comes down to half for accidents that occur in the day.

Mid-week days like Tuesdays and Wednesdays seem the safest, because the lowest number of motor-vehicle accidents world-wide take place on these days.

Whatever the day or time, staying safe and ensuring that we use the road safely is every driver’s responsibility.

It’s important to seek advice and assistance from an experienced Peterborough personal injury lawyer if you or a dear one has been seriously injured in a motor-vehicle accident. You may be entitled to compensation.