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

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

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

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

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

Injuries To Children Sustained in MVA

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

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

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

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

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

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

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

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

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

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

Issues Regarding Claims

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

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

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

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

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

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

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

Common Hotel Injuries

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

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

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

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

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

Occupiers’ Liability

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

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

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

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

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

• Get the contact details of witnesses if any.

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

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

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

Read The Signs: Watch Your Step! 

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

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

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

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

Parking Lot Slip and Fall

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

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

Who Is Responsible?

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

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

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

Seeking Compensation

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

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

We can provide the right advice and assistance.

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

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

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

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

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

Staircases, Steps and Stairwells

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

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

Other dangerous aspects of stairs or steps include:

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

Who Is Liable?

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

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

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

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

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

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

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

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

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

Who’s Liable in the Case of Holiday Rentals?

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

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

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

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

Ensuring A Successful Outcome

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

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

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

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

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

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

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

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

Issues In Seeking Insurance Settlements

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

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

Claims May Be Delayed or Denied

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

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

Some of the reasons why claims are denied include:

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

Ensuring Stree-Free Claims Settlements

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

It’s a well-known fact that most accidents are caused by someone’s fault or negligence. When we think of such “accidents” what comes to mind are issues like impaired driving, driver inattention, cell-phone use, speeding, running a red light or other such flouting of safety norms. We can also consider issues like tire blow-outs, brake failure or accidents caused by defective motor-vehicle parts.

However, there is a difference when the accident was caused by a sudden medical emergency experienced by the at-fault driver.

Epilepsy, cardio-vascular emergency, cerebral hemorrhage, aneurysm, black-outs, mental illness etc are some of the typical reasons why a driver may lose control of the vehicle and cause an accident.

Unfortunately, whatever the cause of the accident, seriously injured victims and their families undergo tremendous physical, financial and emotional repercussions. Loss of income due to inability to work, high medical expenses and the pain and suffering that the injured person experiences are the direct result of injuries sustained in the accident.

If you or a dear one has been injured in a motor-vehicle accident contact an experienced Etobicoke personal injury lawyer without delay. You may be entitled to compensation.

Does “Sudden Medical Emergency” Absolve Drivers?

If the accident was caused by the driver’s suddenly losing control of the vehicle due to a medical emergency, it may be sufficient grounds to absolve the driver of having caused the accident due to negligence.

Although no one can really blame a driver for having suffered a sudden loss of consciousness while driving, this poses a grave threat to public safety. Different types of medical conditions can affect the person’s ability to safely operate a vehicle to a greater or lesser degree:

• Lowered reaction time
• Loss of motor function
• Loss of vision
• Lowered judgment and concentration

The “inevitable accident” line of defence is used to present a case that the accident was unavoidable, negligence had no part to play in it and that the driver had no control over the sequence of events.

However, in such cases, the burden of proof lies with the person who claims that the accident was caused by a sudden medical emergency. This includes proof that:

• he/she suddenly lost consciousness just immediately before the accident
• this resulted in loss of control of the vehicle
• such sudden loss of consciousness was completely unforeseen

If the at-fault driver can prove these elements satisfactorily, they may be absolved of negligence and liability. However, it’s not very easy to do so.

“Suddenness” is a key factor in the claim. If symptoms were present and ignored, it cannot be considered a “sudden” medical emergency.

In drivers who have existing medical conditions like cardio-vascular disease, epilepsy, diabetes etc, there is an element of “foreseeability” in the case.

Getting Compensation

Ontario laws entitle all injured motor-vehicle accident victims to statutory benefits, regardless of fault. This is payable by your own insurance company, up to a certain financial threshold.

Victims can also file a personal injury suit disputing the claim of “sudden medical emergency” if the circumstances so indicate.

Etobicoke personal injury lawyers can provide the right advice and assistance in such cases to help you get the maximum possible compensation.

When accidents happen, there is confusion and chaos all around. People are shocked, bewildered and afraid. They may also have suffered injuries or seen injuries happen to their loved ones. The primary focus at this time is to get competent medical help and ensure that the injured are protected.

However, accidents can also result in serious injuries that cause huge physical, financial and emotional problems as time passes. The injured person may be unable to work for a long time, perhaps even permanently. There may be enormous medical costs, pain and suffering to be endured.

Accidents aren’t always accidental – they’re most often caused by someone’s fault or negligence. The injured are entitled to receive compensation from statutory benefits in Ontario and also by filing a personal injury claim against the at-fault party whose actions or omissions caused the accident.

An experienced Belleville personal injury lawyer who has worked extensively in the area of MVA (motor-vehicle accidents) can provide the right information, advice and guidance.

Proving Fault or Negligence

Accidents resulting from fault/negligence cause disruptions in the injured person’s life, livelihood and quality of living. Under personal injury laws, they are entitled to seek monetary compensation that would restore their lives to the pre-accident conditions as much as possible.

The keystones of personal injury law are proving negligence, providing evidence of injuries and the impact of these injuries on the life of the claimant.

Accident situations occur within a split second and it’s not possible to truly evaluate the exact cause unless there are very clear and unmistakable signs of negligence or fault, such as impaired or distracted driving, speeding, flouting of traffic signals etc.

Insurance companies which make the settlement payouts may dispute the injured victim’s claims in order to protect their own business interests.

Hence, providing robust proof of your claim is a vital part of getting the compensation you deserve.

Belleville personal injury lawyers who have handled such cases before are able to help you assemble a strong and compelling claim. We can conduct independent investigations into the collision, get expert testimony and evidence from eye-witnesses if any and ensure that your claim is backed by solid proof.

Collision Reconstruction

Known as vehicle accident reconstruction, this is the scientific, objective and analytical process of investigating and concluding how an accident occurred.

Independent investigators can use the latest technology and techniques to examine the vehicles, accident location and vehicle behavior. This helps them arrive at a conclusion that details exactly how the crash occurred.

They may use:

• computer simulation/animation models
• software to analyze event data
• probability studies
• paint analysis/matching
• photography analysis
• crash testing for low-speed collisions
• visibility studies for poor lighting conditions
• weather and climate analysis
• tire and skid marks analysis
• speed and movement of vehicles
• sight-lines
• sequence of events
• reaction time
• seat-belts/airbag deployment
• vehicle control and bio-mechanical analysis
• auto part failure/defect analysis

and more.

Information from police and traffic records, photographs, CCTV or video footage, eye-witness reports, medical reports, etc are other valuable sources of information.

Such information provides crucial data in fixing liability so that you can get the compensation you deserve.

Have you or a dear one been injured in a motor-vehicle accident (MVA) that was caused by a distracted driver? Such accidents are the result of flouting of safety rules and negligence. These distracted drivers can be held responsible for causing the collision.

MVAs can result in a range of injuries, from minor scrapes, cuts, sprains and bruises to serious, life-altering and life-threatening injuries. Serious injuries result in enormous physical, financial and emotional losses not just for the injured victim but in most cases, their families too.

Ontario traffic regulations mandate that all injured victims, regardless of fault, are entitled to receive statutory insurance benefits paid out of their own coverage. Additionally, injured victims are also entitled to sue the negligent or at-fault driver by filing a personal injury claim against them, preferably with the advice and assistance of a Barrie personal injury lawyer.

Decoding Distracted Driving

A World Health Organization study conducted in 2011 observes that there are two types of distractions that drivers can experience: Internal and External. Internal distractions include use of cell-phone, tuning a radio, grooming, etc while External distractions comprise watching billboards, people, scenery etc.

Mobile phone usage is one of the major distractions that drivers experience while operating a vehicle. The proportion of drivers using their cell-phones while driving has increased over the last decade, from about 1% to 10% in 2011.

Texting, answering calls, e-mailing, checking GPS location, sending photos and using social media on the cellphone are some of the common behaviors that drivers may indulge in. Studies have shown that there is very little difference between using hands-free phones and regular hand-held devices.

These behaviors affect driving because:

• They cause the driver to take his/her eyes off the road
• Driver may remove hands from steering-wheel
• Drivers are mentally preoccupied
• There is a cognitive shift from the task at hand
• Affect reaction time, especially while responding to traffic signals
• Affect braking reaction
• Affect ability to keep within lanes
• Impair overall awareness of the driving situation
• Result in reduced following distances (causing rear-ender accidents)

Other studies show that such risky behaviors are more common than we think. Three out of four Canadians admit to distracted  driving. Distracted drivers can see only 50% of the available information around them if they are not fully aware while driving. Nearly 80% of collisions are caused by as little as a three-second inattention span immediately prior to the accident.

Legal Implications

If your collision was caused by the other driver being distracted, an experienced Barrie personal injury lawyer can provide a genuine and comprehensive evaluation of your case and the right assistance to take your claim forward.

Proving the use of cell-phone while driving can be difficult, unless the causes of the accident are thoroughly investigated. Eye-witnesses or co-passengers can provide valuable evidence, while CCTV cameras or video footage available from the location can also be very useful in proving liability. An experienced personal injury lawyer who has dealt with similar cases can ensure that a robust claim is presented to ensure that you receive the compensation you deserve.

Brampton personal injury lawyers understand that accidents cause a variety of injuries, ranging from minor cuts, bruises etc to serious, life-changing or life-threatening ones. In most cases, injuries result in physical, financial, social, emotional consequences that impact not only the injured person but also their families.

Injured victims are entitled to seek compensation for:

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

are some of the categories under which compensation is sought.

Since accidents are usually caused by someone’s fault or negligence, the compensation is paid out by those responsible or liable for such fault or negligence. Hence establishing and assigning liability is one of the cornerstones of ensuring a successful outcome in personal injury claims. The evidence of injuries and demonstrable proof of their impact on the injured person’s life is another important aspect of getting the right compensation.

There may also be a number of other factors that could influence the nature and extent of settlement, especially in a court trial.

Personality and Attitude

Although cases are judged on facts and an objective reading of the circumstances, one of the factors that may contribute to the trajectory of a case is the personality or attitude of the parties.

In court, their appearance, conduct, testimony, perceived motives could have a bearing on the final outcome. Obviously, all parties are prepared to be completely truthful and provide all material information that’s asked of them, but their attitude, character, candor, station in life, intelligence, ability to provide a convincing testimony etc could have an effect on juries.

Juries may identify better with those who convey information in a way that’s easy for them to understand and who seem to have “common sense” rather than an overly-intellectual person who may seem patronizing, over-smart or condescending. These are important aspects that experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers keep in mind when they present an expert witness or an eye-witness. Any exaggeration, misrepresentation, false statements or withholding of information can have a negative impact.

In mediation or negotiation situations, an attitude of forthrightness and candor often have salutary effects. When the opposite side feels that certain information is not being shared or is being withheld, they may develop a negative attitude, or they may suspect that there is some weakness in the claim.

Negotiation and mediation are undertaken with a primary focus on the willingness to settle through a mutually agreed compromise. The desire to “win” and “never lose” can be counter productive, and the chance to get a reasonably good settlement can be lost if the case goes to trial, since juries are unpredictable and the outcome is uncertain. A fixed bottom-line approach may not always work, and our experienced 24×7 injury lawyers encourage our clients to have patience and an open mind.

Since we work on a contingency fee basis, injured victims and their families don’t have to pay any legal fees upfront. We can also help you to tide over difficult financial situations in certain cases and ensure that you receive the best possible medical attention.

Brampton personal injury lawyers are aware that when accident claims are made, the insurance company that makes the settlement  pay-out is certainly going to thoroughly investigate it before they award it.

Most people assume that they are secure and protected against physical and financial damages in the event of an unforeseen disaster. They pay their premiums regularly and provide the necessary information in good faith. However, when they or their family-members are seriously injured in a collision, they could end up having to face a long and unpleasant dispute with the insurers who could devalue, deny or dismiss their claims for various reasons.

Insurance Agents Know A Lot More Than What You Tell Them 

When you purchase a policy or you’re a plaintiff in a personal injury claim made against an at-fault party, there is a certain amount of information that you know you have provided. However, as industry observers in the US, for instance, opine, there’s a lot more that’s available to the insurer than from the obvious sources.

Information regarding your rating factors based on such things as your address, your claims history, whether you’re a non-renewal risk, what types of claims get rejected, under what circumstances you don’t have coverage, etc. is routinely analyzed by insurance services providers and stored for use in the event of a claim.

Ontario drivers are assured of accident benefits regardless of fault under the Statutory Accident Benefits Scheme (SABS) however, there have been sweeping changes in the laws over the last few decades. As a result, insurance companies have taken on board a number of other issues when they evaluate a claim for settlement.

Overlooking “fault” : In certain instances like rear-enders, where the question of liability is obvious, insurers may not be really concerned about establishing responsibility. Instead, they tend to focus on the kind of injuries that occurred, whether they cross the threshold, and are estimated to be above the standard deductible. Hence, cause is not a serious concern sometimes as far as calculating settlement goes.

Vehicle damage: One of the paradoxical aspects of estimating amount of settlement is the effect that images of damage can have on a jury. Although low-speed low impact accidents can cause serious injuries, insurers tend to give more importance to accidents where vehicular damage is equally spectacular.

Pre-Accident Status: The victim’s age and state of health prior to the accident are scrutinized and their level of functioning at that time is taken into account while arriving at a settlement.

Treatment and Rehabilitation: The various kinds of treatment, rehabilitation, medications and therapies being taken are studied in detail to evaluate whether the nature and extent of injuries are as serious as claimed. Whether the victim is making an effort to recover his/her health and genuinely looking for ways to support themselves financially is another issue that could be examined by insurance companies.

Other benefits: All other available sources that can be tapped to get benefits are thoroughly investigated by insurance companies to reduce their own contribution.

It’s wise to contact the nearest personal injury lawyer in Brampton without delay to ensure that your rights and entitlements are fully protected and you receive the compensation that you fully deserve.

Brampton personal injury lawyers understand that slip and fall accidents can occur like a bolt from the blue, but often their impact can be felt by the injured victims and their families for a very long time.

A simple fall can result in a variety of injuries, based on the location, kind of fall and the age/health status of the victim. In general, older people, pregnant women and people with health issues may suffer a greater impact.

In many cases, the victim may fail to report the problem, or consider the injuries too minor to warrant a visit to the doctor or ER. What is seldom understood is that accidents are not always “accidental.” They’re usually caused by someone’s fault or negligence. The injured are entitled to seek compensation for the losses they suffer as a result. Experienced Brampton slip and fall injury lawyers can provide advice and assistance.

One of the issues faced in slip and fall claims is establishing liability. If there are aspects of the case that suggest that the complainant was himself/herself careless or has contributed in some way to the accident, the settlement could be reduced proportionately. Taking reasonable precautions is important and can certainly play a role in ensuring the success of your claim.

Preventing Slip and Fall Accidents

Although it’s impossible to completely eliminate risks, especially if they’ve been created by other people, you can reduce your chances of slipping or tripping and falling.

Planning ahead is important: Even if it’s a short walk down to the corner store or a stroll round the neighborhood park, it’s wise to know exactly what is involved. Planning ahead involves knowing the route well, checking weather forecasts, being aware of potential hazards on the way like construction zones, uneven terrain, traffic conditions, etc.

Ensure visibility: If you’re an older person or have health issues, walking after dark and running errands on cloudy days is inadvisable. There may be areas that are poorly-lit that could cause a fall. If you wear glasses, ensure that you wear the right ones. We often step out wearing our reading glasses which may not be suited for moving around outside.

Wear the right gear: Dressing right when you step out is not just for aesthetic reasons. If you’re caught in rain or a sudden cold spell and not dressed right for it, you may hurry to get to a shelter and this can be hazardous. Similarly, wearing the right footwear is equally crucial. Non-skid, comfortable footwear is essential for not just older people, but for anyone who wants to stay safe while walking. Ensure that it’s in good condition.

Be aware and cautious: Listening to music, texting, answering calls on your phone etc are dangerous. Stay vigilant and alert at all times to avoid risks. Obey signs that caution “Wet Floor” or “Don’t Walk Here.” Watch for clutter and debris around construction zones.

If by some misfortune, you do slip and fall, whatever the nature of injuries, it’s wise to contact the nearest personal injury lawyer in Brampton who deals with similar cases immediately. We offer the right guidance to help you through the entire process.

Brampton personal injury lawyers understand the importance of getting the best possible settlement for their clients who have been injured in accidents.

Accidents can result in life-changing consequences and getting monetary compensation helps to make the lives of victims and their families a little easier and more comfortable.

However, unless you have the right kind of legal advice, assistance and advocacy, getting a satisfactory settlement from those responsible for causing the accident can be a well-nigh impossible task. There are several complicated legal, medical and insurance issues involved and only an experienced and knowledgeable legal mind can deal with them.

Selecting the Right Personal Injury Lawyer

Obviously, there are many factors involved in winning a satisfactory settlement. Getting the right personal injury lawyer certainly plays a huge role in this process.

1. Exclusive practice of personal injury law: The law like most other fields has areas of specialization, in which a legal professional gains experience and expertise. A family lawyer or criminal lawyer for instance would not be able to help you as much as someone who practices personal injury law exclusively.
2. Referral: In many cases, a law-firm may refer your file to another outside firm or lawyer. In such cases, you may have to pay referral fees. You may also have gone to this firm based on a recommendation and if they’re outsourcing their work, it’s not something that you may want.
3. “Runners”: There have been instances where the injured victim/family signs up with people who are not actually lawyers. They approach accident victims and promise to win them a substantial settlement but in reality, may only take the case to inexperienced lawyers, paralegals etc.
4. Communication and comfort: You need to feel respected and treated with dignity, whatever your status. Trust your gut feel and analyze whether you feel comfortable with the lawyer, whether it’s easy to communicate with them and that they will keep you informed and involved in the case.
5. Experience: Pick a lawyer with specific experience in your kind of case and a good track record of success.
6. Trial ready: Apart from negotiation skills, your lawyer should be prepared to take the case to court.
7. Check if there are conflicts of interest: The lawyer may defend the at-fault party or their insurers. In such a case they may not be the right ones to represent you.
8. Don’t hesitate to question: Clear all your doubts and ensure that you have complete clarity on fees, time-lines, keeping you updated etc.
9. Disciplinary record: Cross check if they have a good reputation for ethical practices with the bar association and the medical community
10. Language: Select a lawyer whom you can communicate with if you’re not familiar with a particular language.
11. Staying involved: Select a lawyer who will communicate regularly and keep you updated on status, progress, strategy, changes to laws, information etc.
12. Get clarity on financial terms: Fee structure, expenses, financial support, contingency fees etc. and ensure that these terms are provided in writing.

An experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer can protect your interests throughout.

Brampton personal injury lawyers ensure that they always keep their clients fully informed about all changes in insurance and legislation that could affect their claim.

When accidents happen, they affect not just the injured victim, but often the entire family. There are huge medical and rehabilitation expenses, coupled with the loss of income/wages if the person was employed. Apart from this, the emotional impact of the accident and the subsequent pain and suffering that the person undergoes can have a devastating impact on the victim’s present and future life.

While it’s possible to calculate the exact amount in monetary value of lost wages and the medical/rehabilitation/treatment expenses, computing the value of pain and suffering is not such an easy task. The values have to be backed by robust evidence and demonstrable proof.

Contact the nearest personal injury lawyer in Brampton to get the right kind of advice and assistance.

What Are Deductibles?

When the new Statutory Accident Benefit Schedule was introduced in 2010, it was intended to reduce currently available benefits for serious but non-catastrophic cases, regardless of fault. This schedule allows consumers to purchase optional benefits in case they become necessary.

New changes introduced in August 2015 has resulted in a further reduction to the value apportioned to pain and suffering claims. The deductible is basically an amount that the insured person himself/herself pays towards an insured loss. When a claim is made, a certain specified amount is subtracted from the claim payment and this is known as the “deductible.” This is a form of sharing the risk between the policy holder and the insurance-company. The larger the deductible, the lower your premium.

The regulations governing how deductibles are incorporated into the policy and how they’re implemented vary across provinces.

The introduction of the no-fault insurance scheme in Ontario resulted in deductibles and thresholds both being incorporated into car accident policies. They were intended to limit the recovery made by accident victims so that the savings could be passed on to the consumer by way of lower premiums.

New Changes Mean Higher Deductibles

From 1 August 2015, all accidents will be subject to a higher deductible than the previous amount of $30,000. For personal injury claims, the deductible is $36, 540. Hence, if an accident victim is awarded $50,000 at trial, an amount of $36, 540 will be deducted automatically and the client receives only the remainder, out of which legal fees and expenses have to be paid.

These deductibles are valid under December 2017, after which they will be increased each year.

Another issue that is causing concern in the legal community is that some categories of insurance disputes will no longer be tried in a civil court. A number of disputes may now be heard by the License Appeal Tribunal (LAT).

Our experienced Brampton car accident lawyers can help you to understand the complex medical, legal and insurance issues involved in pursuing a personal injury claim. We can ensure that your rights are protected and interests safeguarded.