How To Treat Broken or Fractured Arm After Car Accidents

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

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

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

What is the treatment of fractures?

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

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

Barrie Personal Injury Lawyers: Aspects That Could Impact Your Claim

Barrie personal injury lawyers handle cases where at some point the client is concerned about the value of the claim. “How much is my claim worth?” is a typical question that some people ask right in the beginning, while others may come to that point a little later.

Obviously, what they also want to know is whether it’s worthwhile spending the time, effort and money on pursuing a claim that wouldn’t be beneficial to them or their family members.

Going through the claims process can be harrowing, especially when you’re recovering from the devastating physical, financial and emotional impact of a serious accident.

However, in the first meeting, our free consultation lawyers ensure that you receive a genuine, swift and honest evaluation of the claim and the right information and advice on the way forward.

Important Determinants

Some types of injuries are easy to assess, quantify and evaluate. Hence, the losses and damages may be easier to assess. For instance, actual expenditure on medical treatment and rehabilitation, out-of-pocket expenses, income loss etc are verifiable and can be documented. Certain other aspects are not so easy. For instance, the emotional pain and suffering that you undergo due to your injuries, the inability to resume work, take part in activities and social life like you used to, etc. are highly subjective but nevertheless just as real.

In our experience, there are several crucial factors that can affect the outcome of a claim. They include:

Provable source of income: As Barrie personal injury lawyers know, this is probably the single most important component of the settlement claim. Hence, it’s vital to the value of the claim.

Medical records: Clear, definite and chronologically sequenced medical records help to justify the expenses.

Referrals to specialists: Records of these add weight to claim, as they describe the nature and extent of your injuries. 

Tests, medical reports, diagnostics: These provide graphic and documentary evidence of your serious injuries.

Demonstrable changes to your lifestyle: Evidence of activities that you undertook previous to the accident, proof that you are unable to conduct normal routines etc are important clinching factors.

Nature of medical treatment required: Apart from the actual hospitalization, you may need further follow-up, physiotherapy, continued monitoring, vocational and occupational therapy, counseling etc. Ensure that you get information on the full extent of your injuries before you finalize the claim. Some claims focus on the diagnostics without paying much attention to the treatment. This could be counter-productive in the long run. Make sure that your treating doctors are qualified professionals like MD doctors. The value of your claim will be reduced if the treating doctors’ credentials are questioned.

Duration of treatment: For those victims who have suffered permanent disability or long-term damage, the claim must specify a planned documentation of expenses which cover present and future needs.

Finally, your credibility, the strength of evidence, possible contributory negligence, the over-riding cause of the accident and the at-fault party’s fault or violation of safety norms etc are some of the important aspects that determine the amount of settlement that your claim can achieve.

Car Accident Claim: Does The Insurance Adjuster Want To Meet You Without A Lawyer Present?

When car accidents happen, we console ourselves with the thought that insurance will take care of our losses. Everything seems fine when we receive a timely and prompt phone call from either our insurer or the at-fault party’s claims adjuster.

They seem concerned about our injuries, express their readiness to help and assure us that they have our best interests at heart.

To this end, they request an immediate meeting. Even though you’re still in hospital, or you’ve just been discharged and are convalescing at home, the claims adjuster wishes to come over and meet you.

As experienced Woodstock personal injury lawyers, we are frequently asked by people who have suffered serious injuries in a car accident caused by someone else’s fault or negligence whether it’s OK to talk to the insurance company representatives on their own.

Good idea? Absolutely not!

Why They Request Such Meetings 

Insurance companies are for-profit organizations, whose main focus is to protect their business interests and minimize or avoid settlement payouts as far as possible.

To this end, they may not always have your interests or rights at heart.

Injured victims and their families are at their most vulnerable in the period that immediately follows a crisis or traumatic event, hence an early meeting would be most beneficial for the insurer.

The reasons for meeting injured victims without the presence of a lawyer include:

  • Victims and family-members may be unaware of their rights, risks and entitlements
  • They may not be completely familiar with the legal, medical and insurance issues, or their own insurance policies
  • They may not know the full extent of their injuries
  • Claims adjusters may appear empathetic and caring, but their job is to investigate the accident and file a report which helps the insurer to keep the settlement as low as possible
  • The insurer, unlike personal injury lawyers, has only a minimal duty to protect your interests
  • They need to control the pace, dimensions and nature of negotiations as early as possible
  • If they represent the at-fault party, obviously their loyalty would be towards them
  • Your own insurer may wish to avoid a hefty payout and could delay or dispute your claim
  • Claims adjusters are highly educated, trained, skilled, knowledgeable and experienced professionals who can “nudge” you into making decisions against your interests
  • They may offer swift settlements while assuring you that this is the best offer you’ll ever get
  • Claims adjusters may advise you against getting embroiled in the legal process – it’s expensive, that lawyers may fleece you, the procedures are long-drawn-out, unpredictable, etc
  • Your personal injury lawyer knows that if negotiations are unfruitful, you are fully entitled to take the case to trial
  • Meeting injured victims without a lawyer present is the best way for insurers to get information, chance upon victims making inadvertent statements or admissions, of getting them to make recorded submissions, getting permission to access confidential records, perhaps admitting some level of contributory negligence, or that they can cope with their problems etc.

It’s important that injured victims/family-members contact an experienced Woodstock personal injury lawyer before they communicate with insurers.

Knowing More About Electric Cars And Low Speed Vehicles In Ontario: Pickering Personal Injury Lawyers

Today the world faces an environmental crisis created by vehicular and industrial pollution that threatens the health and well-being of not just human beings, but also of all life forms on the planet.

One of the ways that toxic vehicle emissions can be reduced is by the introduction of electric vehicles. These vehicles also reduce the dependence on petroleum products and provide clean-running transportation.

There are several big advantages in using such vehicles and many governments the world over have begun encouraging the development of such technologies. Vehicle manufacturers have introduced hybrids in a bid to make the transition smoother and explore the different user requirements and responses before they launch pure electric cars.

Personal Injury Lawyer in Brampton

Though there are some niche manufacturers who have been producing electric vehicles for a long time, they have never really caught the imagination of a wider public audience. So far, electric vehicles have been used as local neighborhood rides like golf-carts, in-campus transport, senior-citizen facilities in airports, stations, hospitals etc. Electric cars available in some cities across the world are used as local runabouts, and are usually the second car in the family.

The reasons are not hard to find: Range, battery-life, higher initial cost, smaller size and long battery re-charging time are definite deterrents in adoption of electric vehicle technologies.

Electric vehicles are low on maintenance and running-costs. Most countries offer attractive tax breaks for owning an electric car. They also provide you with the satisfaction of running a quieter, cleaner and less dangerous vehicle and that’s really doing your bit for the environment and the future generations to come.

Pickering personal injury lawyers stay abreast of such developments to better serve their clients. 

Ontario Rules Regarding Low Speed Vehicles

A new regulation released in July 2017 mandates the rules for the use of low speed vehicles (LSVs) in the province of Ontario. A pilot program has been launched to support new, emerging technologies that help people to commute safely and efficiently and ensures a limited environmental impact. Reducing air pollution and dependence on conventional fuels is another stated aim of this project.

Regarding LSVs, the government has released a report entitled Cars Are Evolving and this report describes the Ontario government’s aim to achieve its climate change goals by encouraging the use of a more sustainable transportation model that can reduce our carbon footprint.

Some of the key features of the pilot project include:

  • Maximum speed regulations for LSVs
  • Where they can be driven
  • Signage to be attached to the slow moving LSV
  • Meeting motor vehicle standards
  • LSV owners and operators should have insurance policies that meet the requirements of the Compulsory Automobile Insurance Act. This provides a minimum $5 million coverage for liability, $1 million for non-catastrophic/$2 million for catastrophic medical, rehabilitation and attendant care benefits
  • Current Highway Traffic Act rules apply to the LSV driver/owner
  • Class G or higher driver’s license required
  • Rules for seat-belts, child-passengers, side-cars

Keeping these factors in mind, if you or a dear one has been injured in an accident involving an LSV, contact a Pickering personal injury lawyer with experience in dealing with such cases, immediately. You may be entitled to compensation.

Understanding Personal Injury Law in Slip and Fall Accidents: Mississauga Personal Injury Lawyers

When accidents take place, it’s possible that someone gets injured. Whether it’s a motor-vehicle accident, slip and fall or bicycle accident, injuries caused by an animal attack, there can be short and long-term consequences for the injured persons and their families.

It’s a fact that people are burdened with physical, financial and emotional losses as a result of an accident. Some of the injuries may heal quickly, allowing the injured person to resume work after a brief recovery period, while in other cases, an extended phase of rest and recuperation are needed. In severe cases, the person may be permanently disabled, leading to an enormous shift in life-style and mental make-up.

Accidents are not always “accidental.” They are usually caused by someone’s fault, negligence or flouting of reasonable safety standards. Those responsible for the accident can be held liable for the losses suffered by those who have sustained injuries.

If you or a dear one has sustained serious injuries caused by another person’s fault or negligence, it’s wise to contact an experienced Mississauga personal injury lawyer immediately. You can get a swift, comprehensive evaluation of your case which may entitle you to receive compensation.

 

What Is Personal Injury Law?

The branch of law that deals with getting legal remedy for losses arising from an accident or an event where someone’s carelessness or intentional conduct has caused the injuries.

In short, if the accident has been caused by another person’s wrongful conduct, the injured person is entitled under civil laws to seek compensation. The term “tort” law is also used to refer to such cases and this term comes from the Latin term which means twist, harm or wrong.

Unlike criminal law, where the state prosecutes a wrongdoer, the government/state is not involved in civil cases. Instead, civil laws are meant to cover disputes between plaintiffs and defendants where the plaintiff seeks compensation (monetary) for the harm caused by the defendant.

Negligence is the cornerstone of personal injury law. It mandates that every individual is required to act responsibly and avoid putting others in danger. To prove negligence, evidence of it has to be presented and this serves to establish liability. The plaintiff has to prove that any prudent person in the defendant’s place would have acted differently given the same set of circumstances.

The plaintiff also has to provide proof of the nature and extent of injuries, the direct/indirect connection between them and the accident and their impact on his/her life.

Lawyers who specialize in dealing exclusively with such claims are personal injury lawyers.

Slip And Fall Accidents

Property-owners have a responsibility to ensure that all those who visit/use their premises are kept reasonably safe. Under Ontario’s Occupier’s Liability Act, property-owners are held responsible for the maintenance and upkeep of their premises, whether public or privately owned.

Establishing liability to get a successful outcome in slip and fall injury claims depends on:

  • Determining the cause
  • How long the risk has been present
  • Whether warning signs were provided
  • Could the accident have been prevented by property-owner

If there was a degree of contributory negligence by the injured person, the final settlement may be proportionately reduced or your claim may be denied.

An experienced Mississauga personal injury lawyer can provide the right information and assistance.

Okaville Personal Injury Lawyers: Distractions Inside And Outside The Vehicle Can Cause Accidents

Distracted drivers are the Number One menace on our roads today. Studies show   that distracted driving has over-taken impaired driving as the biggest hazard on the road in recent times.

When we think of distractions, we tend to assume that distractions are usually outside the vehicle. These may take the form of scenery, appearance of animals, birds or natural phenomena while driving, or commotions on the road, attractive and striking bill-boards and advertisement hoardings, etc. which cause the driver to turn his or her attention away from the road.

Sudden loud noises, crowds, trying to locate a particular destination, watching out for land-marks or for someone who has promised to wait at a particular spot are other reasons why we tend to dilute our focus on the task at hand.

However there are a number of other things that can distract drivers and these may be present inside their own vehicles. Such distractions are equally dangerous because they can divert the driver’s attention away from the road, resulting in a devastating accident.

If you or a dear one has been injured in an accident caused by a distracted driver, consult an Oakville personal injury lawyer without delay. You could be entitled to compensation if it’s proved that it was the driver’s negligence that caused the accident. 

Inattentive Drivers

According to the Toronto police distracted driving is indeed a huge and growing problem. A 50% rise in the number of drivers described as “inattentive” was observed over the period 2002-2012. One fifth of these collisions resulted in some level of injury, while 212 resulted in serious injuries and 12 resulted in death.

Toronto Constable Clint Stibble describes inattentive drivers as those who form a very broad category. In most of these cases, the distractions were inside the car itself. The police have seen cases where the driver was using a mobile phone, eating, grooming etc. “I’ve seen people shaving on the road. A person cuts himself while shaving, next thing you know he runs into a car. He’s inattentive,” rues Stibble.

Common reasons for driver distraction inside the vehicle include:

  • Mobile phone use, answering calls, texting, messaging, reaching over to look at the phone. Even hands-free sets can cause distraction
  • Grooming: Applying make-up, shaving, brushing teeth, adjusting the rear-view mirror to comb hair, etc
  • Eating and drinking
  • Reaching over to adjust radio controls, change CDs, lower or raise volume
  • Chatting with co-passengers
  • Turning round to check on kids in rear seat
  • Horsing around, taking hands off the wheel
  • Discarded coffee cups, drinks cartons or food trays getting caught in the foot-pedals
  • Pets moving around inside the vehicle
  • Wearing high heels

Studies have shown that even a three second distraction can cause a fatal accident. Unfortunately, the physical, financial and emotional consequences have to be borne by the injured persons and their families.

An experienced Oakville personal injury lawyer can provide assistance and advice if you have been seriously injured in an accident caused by a distracted driver.

We can conduct independent investigations, interview witnesses and experts to get testimony to back your claim and ensure that you get the settlement you deserve.

Motor-Vehicle Accidents: Avoid Becoming A Second-Time Victim!

Car accidents and motor-vehicle collisions happen in a split second, but their effects can last for an entire life-time!

Injuries sustained in such mishaps may range from simple, minor cuts, sprains, bruises etc to catastrophic, life-altering and life-threatening injuries.

Some injuries may appear minor initially but could turn out to be more serious after a passage of time. There are cases where people have walked away from a devastating car accident, seemingly unscathed, only to collapse and die a few hours later! Internal bleeding or organ damage may not be apparent immediately. The body’s “fight or flight” response is triggered in a stress-inducing situation, with the release of endorphins, adrenaline and other hormones that can mask pain.

 

Victims who have existing health issues may find that these conditions can worsen following an accident.

Whatever the nature and extent of injury, or however minor you may assume it to be, it’s vital that all accident victims get medical attention immediately.

Once this has been adequately addressed, it’s time to consider the physical, financial and emotional consequences of the accident. The injured victim and his/her family may find themselves in a quagmire due to:

  • Lost wages, income or income-earning capacity
  • High medical and rehabilitation expenditure
  • Continuing hospitalization, treatment and therapies
  • Pain and suffering

Contact an experienced Milton personal injury lawyer who can evaluate the circumstances in your case and help you claim compensation if your accident was caused by someone else’s fault or negligence.

Seeking Compensation

Though money can hardly replace everything that you’ve lost due to injuries sustained in an accident, a monetary settlement certainly helps to restore a degree of normalcy in your life, reimburse you for the expenses incurred and it makes life a little more comfortable for yourself and your family.

Most of us assume that we are financially protected due to the insurance coverage we have. To this end, we diligently pay our premiums, whatever the sacrifices we have to make. Incidentally, Ontario has the highest insurance premium rates in the country although it has the lowest number of accidents and fatalities.

However, when we make a claim we may find that insurance companies, even our own, may not always act in good faith. Being for-profit organizations, their primary focus would be to safeguard their business interests. Hence, you could be in for a long-drawn-out process. The insurer may deny, dismiss or dispute your claim, offer a meager settlement or adopt delaying tactics etc which will not work in your best interest.

Avoid Becoming A Victim Again!

An experienced Milton personal injury lawyer works for your rights. We ensure that your interests are kept uppermost while dealing with insurance-companies and at-fault parties. Ontario laws provide statutory benefits for all those injured in motor-vehicle accidents regardless of fault. This is payable by your own insurance-company. Additionally, you’re also entitled to file a claim for compensation against those responsible for the accident.

We also conduct independent investigations to enable you to present a robust claim during negotiations or at trial if the situation so requires.

Cornwall Personal Injury Lawyers: Slip And Fall Accidents In Malls

With the festive season fast appearing on the horizon, most of us are already preparing our gifting lists and trying to tick off most of the items before the mayhem starts!

This is a great idea if you hate the holiday crush and the discount sale madness at malls. A leisurely trip to the mall, where you can browse through the available options, and then enjoy a light meal with friends would be the perfect way to get your Christmas shopping done.

However, disaster lurks in the form of slip and fall accidents. Malls are busy places, even on weekdays. Not all of them follow safety standards, nor are many of them senior-friendly. A slip or trip and fall accident could ruin all your plans.

What most of us do following a slip or trip is to glance round hoping that no one has seen us falling so clumsily, then we get to our feet, dust ourselves off and quickly make an exit. It’s only a little later that the aches and pains start, perhaps a swelling, a feeling of disorientation or nausea and then we realize that we have been injured.

Serious injuries may sometimes take a longer time to make themselves felt and if you have an existing health condition, it could compound matters if you don’t seek immediate medical attention. Hence, it’s always a good idea to visit your family doctor without delay if you’ve had a slip and fall accident.

Slip and Fall Injury Facts and Information

Falls are a huge concern for Canadians and obviously for people all over the world. A study conducted by SaferHealthCare Now! Shows that more than 80% of hospitalizations during 2008-9 were fall-related. This figure comprises people aged 65 and older, making them a high-risk population when it comes to falling and injuring themselves.

There are huge physical, financial and emotional burdens placed on the injured person and their families as a result of such falls. They result in hip or skull fractures, making it difficult for the elderly person to live alone and take care of themselves. Falls in younger people result in a variety of injuries ranging from simple cuts, bruises and sprains to severe and traumatic injury to neck, head and spine, facial and dental damage, paralysis and disability, etc.

Accidents are not always “accidental.” They result from someone’s fault or negligence. Sometimes, a breach of safety norms can be intentional to cut costs or avoid expensive replacement of damaged/defective aspects that pose a risk factor.

  • Poor lighting
  • Slippery, wet floors
  • Unmarked elevation changes
  • Loose stair-carpeting
  • Damaged tiles or flooring
  • Uneven ground in parking lots
  • Greasy patches
  • Lack of warning signs, missing hand-rails
  • Debris and clutter
  • Packages, trash-cans in corridors and basements
  • Loose cables and wires
  • Malfunctioning elevators/escalators

and many other potential hazards can endanger your safety in a mall.

Mall-owners and commercial property owners have a responsibility to ensure the safety of all visitors. A Cornwall personal injury lawyer can assist you to get the compensation you deserve following a fall-related injury.

Car Accident Claims: What Are The Alternatives To Suing? Kingston Personal Injury Lawyers Can Advise You

Accidents can occur like a bolt from the blue, causing enormous devastation in their wake.

Motor-vehicle accidents can be particularly dangerous when there are small children, senior citizens or pregnant women involved. In catastrophic accidents, disability, disfigurement or even death can result.

At moments like this, one of the things that provides a sense of security is the knowledge that insurance will reimburse us for the damages and injuries sustained.

Most of us assume that our insurance company or those of the at-fault parties would settle once the paperwork and evidence of fault/negligence have been provided. However, insurance-services are for-profit enterprises and their goal is to ensure the health of their businesses.

As Kingston personal injury lawyers know from experience, insurance claims-adjusters may not always act in good faith. They may use a variety of tactics to deny liability of the at-fault party, prove that there was some contributory negligence on your part, dismiss your claim outright on technical grounds, minimize the nature and extent of injuries etc in order to avoid making a settlement payout. Alternatively, they may offer a meager settlement which would not cover your present and future medical expenses and loss of income.

Seeking Compensation

Accidents are the result of someone’s fault or negligence. The injured have a right to receive compensation for the injuries that have occurred through no fault of theirs.

Ontario laws provide statutory benefits for all those injured in motor-vehicle accidents, regardless of fault, payable by your own insurer. However, there are certain fixed thresholds and limits that are in-built into your auto insurance policy. This may give rise to a shortfall, leaving a gap between what you receive and your actual expenses. Additionally, victims are entitled to file a personal injury suit against the at-fault party.

Under such circumstances, your personal injury lawyer can advise you on the various options open to you.

Available Options

Going through a lengthy (at least 3-4 years) and expensive trial process may not be everyone’s choice. Trial outcomes can go either way. In fact more than 90% of such claims are settled out of court, through negotiations.

Yet, it’s important to file a suit within the prescribed deadline, or you may lose your right to sue.

Experienced Kingston personal injury lawyers with a successful track-record in dealing with similar cases can explain all the available options and the pros and cons of each.

The Ontario Ministry of the Attorney General provides information on alternative strategies to getting the compensation you deserve:

  • Negotiations
  • Mediation
  • Arbitration

are the areas where both sides get to present their case and establish the strength of their claims. Parties can directly negotiate with each other or through/in the presence of legal/insurance  professionals.

Presenting a robust claim backed by solid evidence showing negligence of the at-fault party, how the accident occurred and caused the injuries, the nature and extent of injuries and their impact on the victim’s life are the cornerstones of a successful claim.

Mediation and arbitration are moderated by a neutral third party who can help the parties to reach a mutually-agreed upon, fair and lasting settlement.

Whatever the option that’s chosen, it’s important to ensure that your rights are protected throughout the process.

Motor-Vehicle and Bicycle Collisions: Burlington Personal Injury Lawyers Can Help Injured Victims

The recent incident involving an impaired car driver who grazed a cyclist near West Lake Road, Prince Edward, Ontario brings into focus the medical, legal and insurance issues in such incidents. Although the cyclist was unhurt in this case, it’s a fact that cyclists and pedestrians are among the most vulnerable of road-users.

Burlington personal injury lawyers know from their experience in dealing with such cases regularly, that a combination of an alcohol or drug-impaired motor-vehicle driver and a cyclist who is essentially without any protection against impact forces, can be a recipe for disaster.

In this particular incident, the driver compounded his errors by failing to stop at the accident scene.

Why Cyclists Are At Risk

Canada is one of the most cycle-friendly countries in the world. The thousands of miles of cycling trails, tracks, roads and scenic mountain routes make cycling a pleasure. Cycling to work is also being encouraged in urban locations to reduce pollution. Though cycling is a healthy commute option, it’s non-polluting and a lot of fun, there are certain inherent risks involved in cycling in urban areas.

  • Since cyclists have no protection against the exterior environment, they’re prone to be badly hurt even in low speed collisions. Head, neck, spinal and limb injuries are most common following motor-vehicle collisions.
  • Traumatic brain injury, concussion, skull fractures and spinal cord severance are some of the risks that cyclists face though they may be wearing helmets or other safety gear. Fractures to limbs and ribs, facial and dental injuries are also common injuries.
  • Another huge risk for cyclists is if they’ve been grazed, they can very easily lose balance. Inexperienced and younger cyclists may often feel intimidated by larger vehicles coming too close to them and this again may unbalance them.
  • A fall while cycling can throw the cyclist in the path of other vehicles on the road, leading to serious injuries.
  • Night-riding can be a lot of fun, but it is also highly risky. Cyclists must wear protective gear that’s easily visible or reflective in poor lighting.
  • Many accidents happen when the cyclist is hit from behind by a motor-vehicle driver who failed to see them at night. This risk can be minimized by fitting rear lights on your bike. A front light is of course essential if you’re riding at night.
  • Cyclists also face problems from road and trail debris thrown up by vehicles in front. They need to wear eye-protection glasses to minimize the risk.
  • Many cycling accidents happen when the motor-vehicle driver fails to observe a cyclist while taking a turn. Cyclists are also at risk from car passengers or drivers who suddenly open a door in their path.

The cycling community in Ontario has been lobbying for more regulations that will ensure their safety. Public Health statistics have shown that while ER visits by occupants of cars has been steadily decreasing, the same can’t be said for pedestrians and cyclists hit by motor-vehicles.

If you or a dear one has been injured in an MVA, contact the nearest personal injury lawyer in Burlington immediately. You may be entitled to compensation that can ease the physical, financial and emotional burden that result from an accident.

At-Fault Party’s Policy Limits and Financial Position: Can They Affect Your Settlement?

Brampton personal injury lawyers believe that compensation sought by those who have been seriously injured in accidents helps to make life a little easier for them and their families.

The primary purpose of tort law or personal injury law is to provide corrective or restorative justice. In that sense, it is a dispute settlement between two parties and different from the criminal justice system where the state is involved.

Personal injury claims are made by the injured person at their own expense to seek redress for a wrong done to them due to the defendant’s fault or negligence. The compensation is in the form of a monetary settlement that seeks to restore the plaintiff as much as possible to the condition that they were in prior to their injuries.

Financial Aspects

Although the plaintiff is entitled to seek compensation, there may be certain practical aspects that determine whether the outcome is successful or not.

In motor vehicle accidents, the injured in Ontario are entitled to seek statutory benefits regardless of fault. These are payable by the plaintiff’s own insurance company. This is subject to certain conditions.

The injured are also entitled to file a personal injury claim against the party they deem responsible for the accident and whose fault or negligence caused it.

One of the most important factors that affects the success of a personal injury claim is the financial status and/or insurance policy limits of the at-fault party.

The ability of the defendant to respond to the claim has to be taken into account while filing the suit. It is a fact that the wealthier the defendant, entity, municipality or corporation named as a defendant, juries have a tendency to award higher settlements. This is based on the belief that a defendant who is in a better financial position is more able to cover all the damages and compensate the injured person more fully than one with limited financial means.

The defendant’s liability policy limits and other available coverage are of importance when there are several claims that arise from the same collision. In some cases, a judge may award punitive damages. The at-fault party may be under-insured or uninsured. As experienced personal injury lawyers, we first thoroughly examine the available sources of coverage and the latest case laws.

One of the issues that comes into question is that all claims settled by insurance and they are covered by contract laws, and not by tort laws. The Motor Vehicle Accident Claims Fund Section 265 covers these matters. Settlements are subject to the terms, conditions, provisions, exclusions and limits prescribed in the contract.

It’s important to understand that the person insured under the contract also means their spouse and any dependent relative. Other occupants of the vehicle are also considered “persons under contract.” It also includes director, officer, employee, partner of the insured who regularly uses the vehicle, as well as their dependent spouses and relatives.

Hence experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers can conduct independent investigations to discover all these sources of compensation.

Evidence Gathering in Support of your Personal Injury Claim

Brampton personal injury lawyers can help boost chances of achieving a successful outcome by immediately beginning to work on your case. This involves putting together a robust case in support of your accident injury claim, since presenting the right kind of evidence and documentation is a crucial aspect in proving fault and negligence.

Accidents aren’t always “accidental.” They leave a trail of destruction in their wave in the form of physical, financial and emotional consequences. Unfortunately, most accidents are avoidable and preventable, since they’re usually caused by a lack of following reasonable safety norms, carelessness or even a deliberate flouting of regulations.

Contact the nearest personal injury lawyer in Brampton if you or a loved one has been seriously injured in a car accident or a slip and fall accident. We offer a swift, genuine and comprehensive evaluation of your case and provide the right information and advice to help you get the compensation you deserve.

Settlement Process

Nearly 95% of personal injury claims are settled out of court, through a process of discussions, presentation of each side’s point of view backed by proof, negotiations, arbitration and mutual agreement. Very few personal injury claims are tried in court and there could be a number of reasons for this. In some cases, the plaintiff truly feels they “want their day in court,” when the issues have a strong emotional or ethical foundation. In other instances, the dispute between the insurance company and the complainant cannot be easily resolved, and a court process becomes necessary.

As experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers, we understand the importance of being prepared when we enter into negotiations with the at-fault party, their legal representatives and their insurers. Preparation for all situations, whether negotiation or trial, is an essential part of our brief, whenever we take up a case.

Importance of Evidence in Personal Injury Claims

Personal injury claims are decided on the basis of evidence of negligence, injuries and the impact of these injuries on the victim’s life.

Unless seriously injured, the victim himself/herself can get:

  • Photographs of the accident scene with date and time stamp if possible
  • Details of all those involved in the accident
  • Witness contact details
  • Insurance information of at-fault party
  • Model, make and license plates of the other vehicles involved
  • Medical treatment received, when and where
  • All documentation and receipts/bills regarding any expenses connected with the accident.

Independent investigations can collect:

  • Police and traffic reports
  • Testimony from expert witnesses
  • Video or CCTV camera evidence if available
  • Digital reconstruction from collision specialists
  • Evidence showing condition of other driver (impaired, distracted etc)
  • Maintenance records of premises

In accident cases, there are chances that geographical aspects can change, signs like skid-marks from tires, blood-stains, evidence of fault in automobiles, infrastructure etc can be repaired, faulty flooring can be repaired, the factors that caused the accident can be changed, people’s memories may fail and their remembrance of things could get hazy with the passage of time.

Evidence gathering is crucial. Our 24×7 injury lawyers can begin to protect your interests and rights immediately.

Your Car Accident Injury Claim: Some Little Known Aspects

Brampton personal injury lawyers frequently deal with motor-vehicle collision claims in which people have been seriously injured. These accidents are usually caused by someone else’s fault or negligence and they leave the victims facing enormous physical, financial and emotional consequences.

Most of us believe that insurance provides a safety net in case things go wrong for us. This belief gives us a sense of security and protection, knowing that our lives and those of our dear ones can be made more comfortable in the event that we’re rendered immobile or unable to work following an accident.

However, what we fail to note is that insurance companies are for-profit organizations and their business goal would be to reduce outgoings to the maximum. To this end, they may deny, devalue or dismiss your claim on various grounds.

It’s wise to contact the nearest personal injury lawyer in Brampton when such a mishap occurs, so that your interests remain protected throughout the claims process.

What You May Not Know About Car Accident Claims

Insurance companies and the police use different criteria for determining fault in accidents. There are many aspects of Ontario’s SABS (Statutory Accident Benefits Scheme) that injured victims may not be familiar with. Parking lot accidents are one of the most controversial types of accidents and there are several complex issues involved in determining fault. These and other problems are things that few ordinary people know much about. Our experienced 24×7 injury lawyers can provide timely information and guidance.

  1. Parking Lot Accidents: These are very commonly-occurring incidents.  There are general rules and conventions that drivers are supposed to abide by when entering, exiting and maneuvering their vehicles inside a parking lot. However, it’s difficult to firmly establish liability and it differs from case to case.
  2. No-fault insurance: Ontario is among the provinces that provides statutory benefits to injured victims, regardless of fault. This no-fault regulation however means that you have to collect settlement from your own insurance company.
  3. Police may not always charge an at-fault party: In case of bad weather or something that happens beyond the drivers’ control, the police may not hold one of the parties responsible for the accident. However, according to the Insurance Act, the Fault Determination Rules must be used to establish liability on a scale of 0-100%.
  4. The police don’t always have to be called: If the total amount of damage is below $2000 and no one is injured, you can report the accident to your insurance company and to the local collision reporting center only, instead of the police.
  5. Leaving an accident scene is a crime: No matter how minor the accident, it’s the duty of a driver to stay at the scene of an accident. Hit and run drivers face criminal charges with up to five years’ imprisonment, cancellation of their insurance policies and hefty fines for failing to stop. 

Brampton car accident lawyers can provide more information, advice and assistance if you or a dear one has been has been injured in a motor-vehicle collision.

Traumatic Brain Injury: The Risk of Developing ADHD

Brampton personal injury lawyers believe that keeping abreast of  the latest information in medical, legal and insurance issues gives them the resources to best serve their clients.

Accidents can result in a variety of injuries, ranging from simple cuts, bruises or sprains to serious, life-changing injuries that result from brain, spinal or organ damage. These injuries can have a devastating effect on not just the injured victim but also on the entire family.

Loss of income/wages, high medical and rehabilitation expenses and the associated pain and suffering are the most common consequences of serious injuries.

Studies show that nearly 160,000 Canadians sustain brain injuries every year and nearly a million Canadians are currently living with the effects of traumatic brain injury (TBI). Almost half of these injuries were sustained in motor-vehicle accidents and falls.

There are numerous symptoms associated with TBI and some of them are also late-appearing. They include dizziness, loss of balance/consciousness, headaches, nausea, cognitive/memory/functional loss, mood, personality and behavior changes, depression, confusion, sleep and concentration problems etc.

Traumatic Brain Injury and ADHD (Attention Deficit Hyperactivity Disorder)

Specialists have also discovered links between certain types of disorders like attention deficit/hyperactivity and a previously sustained TBI.

Such issues can have a significant impact on the injured person’s life, career and relationships. Almost 30% of traumatic brain injuries are sustained by children and youth. This means that a young person has to spend the rest of his/her life living with the after-effects of TBI and its attendant consequences.

Researchers in St Michael’s Hospital have conducted a study that shows a “significant association” between two apparently unrelated issues – ADHD and TBI. This study reveals that nearly 12.5% of adults with a history of traumatic brain injury were also diagnosed with ADHD or tested positive in self-report tests.

The study’s lead author, Gabriela Ilie opines, “The odds of having or screening positive for ADHD if you have a history of TBI are about 2.5 times higher than in adults who have never had a history of TBI.” Figures projected for 2020 reveal that TBI is slated to become the largest contributor to disease and disability after heart disease and depression.

How does ADHD impact the person’s life?

When left untreated ADHD affects not just the patient but also the family and career. It also affects the person’s education, employment, relationships, financial status and quality of life.

Adults with ADHD symptoms could face problems including:

  • being disorganized in searching for employment
  • having to face negative perceptions from potential employers
  • problems with time-management
  • social skills impairment
  • need for special environments to work in
  • difficulty in maintaining relationships
  • issues with impulse-control and anger management
  • display excessive risk-taking behaviors
  • often indulge in substance and alcohol abuse.

These factors contribute to a major change in the person’s quality of life. Contact the nearest personal injury lawyer in Brampton if you or a dear one has suffered TBI in a car accident. You may be entitled to compensation because most accidents are caused by someone else’s fault or negligence. We ensure that your interests are protected.

A Post Accident Journal: How Important Is It?

Brampton personal injury lawyers understand that most people may have kept a journal or diary only when they were teens! It was something where they recorded all their thoughts, feelings and experiences faithfully. Few of us realize that keeping a journal or diary following an accident can be a valuable document when it comes to claiming compensation.

Car accidents or slip and fall accidents can be devastating events, with far reaching impact on not just the injured victims but also on their families. There are physical, financial and emotional repercussions to be faced, while dealing with the disruptive and destructive aspects of job/wage losses, medical and rehabilitation expenses, pain and suffering etc.

In hindsight, most accidents could have been prevented or avoided. They are caused by someone’s fault or negligence. The injured have a right to seek monetary compensation for their losses by filing a claim for either statutory benefits available under their own insurance policies (in motor-vehicle accidents) or by filing a personal injury suit against the at-fault party.

How A Diary Can Help

An accident diary is slightly different from the normal personal journal. This is meant to record all events that take place following the accident so that it can be used as an aid to memory when the compensation claim is being negotiated with the insurance company.

Most of us tend to believe that our insurance company has our welfare at heart, but in reality, being for-profit organizations, their focus is on preserving their business interests. Hence, they may dispute, deny or dismiss your claim, minimize the nature/extent of your injuries or the liability of their at-fault clients or offer a meager settlement that would not cover your present and future needs.

Hence, keeping a diary helps you document:

  • Details of the accident: Date, time, location, weather conditions, position of vehicles, vehicle make/model/license plate of the other vehicle, how and why according to you the accident occurred
  • Contact details of witnesses if any
  • Observations: including if there were CCTV or police cameras around
  • Medical attention received: Every detail has to be recorded, including ambulance, ER, walk-in clinics, hospitalization, follow-up visits, labs, diagnostics, family-physicians, therapists.
  • Bills and receipts: All bills of expenses connected with the accident, including medical/pharmacy, travel and accommodation, Rehabilitation procedures and expenses, Mobility and prosthetic devices
  • Daily activities: Documentation of these helps record the difference that the accident has made in your life. It also helps the doctor to understand the progress of your treatment.
  • Emotions: Expressing your feelings helps to demonstrate the pain and suffering aspect and emotional impact
  • Communications: Meticulously record all communications including conversations, e-mail, notifications by mail, texts, phone-calls, etc with insurance companies, at-fault parties, lawyers. Keep copies of all mails received.

Tips to be followed:

  • Make entries whenever you feel the need.
  • Be brief, honest, business-like, accurate and sign/date each entry.
  • Remember that it could be accessed by others, so avoid any confidential or personal matters.

Brampton car accident lawyers and Brampton slip and fall injury lawyers can assist you with filing your claim and the diary can prove to be a valuable resource to back your claim.

Accident Benefit Claim: Why It’s Probably Not A Good Idea To Settle On Your Own

Brampton personal injury lawyers often meet clients who wonder whether they can go ahead and settle their accident benefit claims on their own, without professional legal assistance.

While it’s certainly possible to manage a simple claims process by yourself if you have the patience, basic knowledge, health and time, it also depends on the insurance company’s response and the fact that other complex medical, legal and insurance issues could crop up. If you feel comfortable and confident that you can handle these issues, it could in fact work in your favor.

Another advantage is that if the damages are minor and you have the proper documentation and information, you could even come out of it pretty well, since you don’t have to pay legal fees.

Dealing insurance claims adjusters may not be difficult if you haven’t suffered disabilities or serious injuries and are armed with the right paperwork. The claims process is fairly well-structured and the settlement depends on the type of accident and injury and the related costs incurred.

How Legal Assistance Can Be Beneficial

The claims process is governed by strict time-frames. There are specified time-lines for notification, filing, etc. and specific venues and jurisdictions. Brampton personal injury lawyers regularly deal with these and hence they are familiar with them, including the changes, amendments and revocations.

Clients need to keep in mind that settlements are full and final. Once you settle with the insurance company, you waive your chances to re-negotiate or review the settlement. In fact, what you’re really doing is settling all past, present and future claims that have arisen from this particular accident.

Many injured victims and their families agree to a quick settlement as suggested by the insurers. They may also not know the total amount the insurer actually owes them. An experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer who regularly deals with such cases has the expertise and knowledge to analyze and understand the full extent of liability.

Few clients understand that offers made by the insurers are always negotiable. They’re not final offers and counter-offers should be made, along with the requisite documentation and evidence to back your claim.

If you continue to remain unable to work, income replacement benefits must continue to be paid. Some clients believe that these are to be paid only for the first two years. Unless you’ve already settled your claim, you can claim catastrophic injury benefits after two years. This process is quite complicated and it’s wise to consult experienced personal injury lawyers for advice and assistance.

At later some point if you decide to file a personal injury suit, it can be negatively impacted if you’ve already settled for a meager amount. Insurers also work with what they call “burn rate” or an average of what you spend annually on medical/rehabilitation expenses and this is used to predict future expenses. A personal injury lawyer understands these concepts and can access this information to get you a better level of compensation.

Car Accident Claims: Do Insurance Companies Respect Your Privacy Rights?

Brampton personal injury lawyers know from experience that there’s a huge disruption in people’s lives when car accidents occur, since they’re completely unforeseen events. Shock, fear, anxiety and confusion are uppermost in the minds of all those involved, along with the trauma and pain they feel if there are injured. The first priority would obviously be to get immediate medical help and ensure that the injured are safe and comfortable.

Following this, there are several important steps to be taken. The traffic and police authorities and insurance companies have to be informed. Accidents are caused by someone’s fault, negligence or intentional flouting of safety norms. Seriously injured victims face a bleak future, beset by physical, financial and emotional burdens. They’re entitled to seek compensation from those responsible for the accident.

Claiming Compensation

According to Ontario laws those injured in car accidents are entitled to claim statutory benefits regardless of fault. This is based on certain criteria and is paid out by your own insurance company. Victims are also entitled to file a personal injury suit against the at-fault party/parties and this is paid out by their insurers.

Each case is unique, and the kind of settlement claimed and awarded varies according to circumstances of the case, proof of negligence, establishment of liability, evidence of injuries and their impact on the claimant’s life, etc.

An experienced Brampton car accident lawyer can advise and assist you to build a robust claim backed by the necessary documentation.

Privacy Rights

People purchase insurance in good faith, as it provides security and peace of mind. We presume that when disaster strikes, our insurance policy is available to take care of medical expenses, lost income etc.

When claims are filed, the insurance company that makes the payout could deny, dismiss or dispute your claim, for any number of reasons. Insurance is a for-profit business and the main goal would obviously be to protect the business bottom-line.

One of the issues that concerns claimants is that the at-fault party’s insurers could launch a surveillance on them in a bid to disprove their claims. Many companies routinely conduct an investigation into a claimant’s background to collect information about background, activities, injuries etc.

These investigations are legal but they have to be conducted within the confines of the law. Clients have a natural expectation of privacy. Trespassing on private property, intercepting electronic communications, issuing threats, defamation etc are illegal. Insurance companies in Ontario are required to maintain a “privacy wall” which prevents them from sharing information even between their own departments.

Your privacy rights must be respected. This includes:

  • No permission to enter your home or business-premises to conduct surveillance
  • Videotaping is allowed in public places including outside your home/work-place
  • Videotaping of claimants exercising or doing heavy work is permitted
  • Private and confidential information like medical records will be kept strictly private and used only for handling your accident claim
  • Your insurer and that of the at-fault party could be the same. In this case, protecting your private/confidential information is crucial

Our experienced 24×7 injury lawyers can help protect your all your interests including that of privacy.

Signs To Red Flag In Traumatic Brain Injury

Brampton personal injury lawyers understand the importance of early diagnosis and intervention in the case of Traumatic Brain Injury (TBI) following an accident.

Brain injuries can range from mild to severe. They largely depend on the area of the brain affected and the extent of injury. One of the main concerns with diagnosis and treatment of TBI is that the symptoms don’t always manifest immediately.

Causes of TBI

TBI may be of the open or closed type, where the skull is damaged or not. These injuries may occur due to several reasons, including:

  • Direct blow to the head
  • Gunshot wounds
  • Violent shaking of head and neck
  • Severe whiplash
  • Sudden movement or momentum change
  • Motor-vehicle/bicycle/motor-cycle/pedestrian accidents
  • Slip and fall accidents
  • Fall from a height
  • Assault
  • Being ejected from a moving vehicle
  • Sports injuries
  • Explosives

Additionally, if a person has suffered TBI previously, another severe damage to the head can compound the symptoms, especially if the first injured was not completely healed or resolved.

Statistically, young adults in the age-group of 15-19, older people above 65 and males across all age groups are more likely to sustain TBI.

Here you can read about Bad Habits that Can Hurt Your Brain

Diagnosis

TBI is initially diagnosed by physical examination and clinical interview with the victim following the accident. It is confirmed by CT scans, MRI etc but some cases of mild TBI may not show in imaging. In these cases, keeping the history of the person in mind and syncing it with the behavioral, emotional and cognitive aspects.

A multi-disciplinary team of professionals is involved in the diagnosis, which includes speech/language pathologists, audiologists, physicians, psychiatrists, nurses, physiotherapists, vocational and occupational therapists, social workers, employers, educationists etc.

In the case of children, infants or babies, the parent or care-giver’s report is important. Our experienced Brampton personal injury lawyers can assist victims by ensuring that the right diagnosis is obtained.

Signs and Symptoms

It is important for friends, family-members, co-workers and anyone else who is in regular contact with an accident victim to be vigilant and alert for certain symptoms that could indicate TBI.

Depending on the severity, they include:

  • Cognitive deficits
  • Mood swings
  • Unexplained headaches
  • Confusion
  • Light-headedness
  • Dizzy spells
  • Blurred vision
  • Ringing in the ears
  • Excessive exhaustion
  • Drowsiness
  • Sleep disturbances
  • Bitter taste in the mouth
  • Light and sound sensitivity
  • Behavioral or personality changes
  • Inability to concentrate
  • Physical problems like loss of balance, nausea, swallowing difficulty
  • Thinking skills deficit: Processing information, problem solving, orientation, executive functioning, goal setting
  • Seizures
  • Speech disorders
  • Social-Emotional problems

The list could go on, based on the type of injury and the area of the brain that is affected.

Treatment

Prolonged hospitalization, surgery and extensive rehabilitation are required. It can be a short or long-term or lifetime requirement.

Speech and physical therapies are essential. Psychiatric evaluation, neuro-psychological assessment and frequent monitoring of the person’s condition are required. Prevention of secondary complications and restoration of available functions is begun.

In the case of long-term/permanent disability, assistive technology and therapies are required, along with medications. Life-long care, vocational and re-educational aspects are also essential. Our car accident lawyers work with the family to analyze the future care of the person.

Laws Must Protect Our Youth From Brain Injury

Brampton personal injury lawyers are proud that Ontario became the first province in Canada to pass a legislation aimed at preventing concussions among young sports-persons and athletes. Known as Rowan’s Law, this important piece of legislation has huge implications for amateur sports leagues across Canada.

How It Happened

17 year-old Rowan Stringer was a talented young rugby player from Ottawa who tragically died on Mother’s Day, 2013, following multiple head concussions over a short period of time while she was playing. Known as second-impact syndrome, she suffered head trauma for the second time in a week, leading to her death.

Second-impact syndrome (SIS) occurs when the brain swells suddenly, swiftly and dangerously soon after a repeat impact that happens before the effects of the first one have healed. It can take place minutes, days or weeks following the earlier one. Sports-persons are specially vulnerable, since they return to the sport too early after the first impact.

SIS results in low distribution of energy and lesser blood flow within the brain. If managed properly and with proper rest, the effects of the first impact need not have serious consequences. However, when the subsequent impact occurs, the brain, being already vulnerable is unable to cope with the additional trauma. This results in fatality. At that time there were no protocols in place that could have prevented Rowan from returning to play after the first trauma unless she had a doctor’s certificate.

Rowan’s Law

A coroner’s inquest into Rowan Stringer’s death resulted in 49 recommendations for prevention of such fatalities. They include:

  • Awareness creation for athletes, sports-persons, parents, coaches and teachers about concussion injuries
  • Better concussion identifying tools for coaches and trainers
  • Concussion policies in place across Ontario school boards and sports bodies
  • Increased training and education for health-care professionals to identify and manage concussion

The law passed  in June 2016 following the inquest findings has come to be known as Rowan’s Law. This was the first law that is  specifically aimed at protecting children and youth. It ensures that all sports related associations and educational institutions put rules in place that mandate how concussion should be dealt with.

A variety of laws were put in place for Ontario school boards, rugby and sports clubs as well as ensuring a fee waiver for treatment of possibly concussed students, including during the recovery period.

Rowan’s father Gordon Stringer is among the many people who believe that her death was entirely preventable. “We need to have everything we can in place to prevent this from happening to another child,” he opined, “We don’t want anyone else to have to go through it.”

As of now, aside from Ontario, only Manitoba has proposed such legislation that would force sports bodies and associations to put protocols in place regarding return-to-play.

Apart from fatalities, concussion can also have other effects on the injured person. A study conducted in 2014 revealed that Ontario teens who suffered head trauma are more likely to lead troubled lives, with suicide, criminal behavior, aggression and bullying being some of the features.

Our 24×7 injury lawyers can advise you in such cases, help you with recovery and get possible compensation.

 

Head Injuries Sustained By Cycling Accident Victims: Whose Liability?

Brampton personal injury lawyers know from experience that cycling accidents usually take a heavy toll on cyclists. On June 12, 2017, a 17-year old girl suffered serious injuries when she lost control of her bicycle and crashed the bike. She was part of a group of teenagers who were riding downhill at Chinguacousy Park in Brampton at night. The youngsters were riding on a trail located at the back of a popular ski hill. The victim was rushed to emergency care trauma center where her condition remains life-threatening.

Regional Police Constable Robert Fischer opined that although cycling is a great sport, he would like to remind everyone that they should ensure that they have the proper safety items with them, including a bicycle helmet, even when they’re off the road.

Cyclists are perhaps the most vulnerable of road users. They are nearly ten times as likely to suffer fatal injuries following an accident as compared to occupants of motor vehicles. In many cases, the victim was a person in the prime of life, in perfect physical and mental health, passionate about the outdoors and sports. Often, they may have just been out for a leisurely ride to relax after a hard day’s work at the office.

What Causes Cycling Accidents?

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

Statistics show an alarming rise in cycling accidents. The reasons are not hard to find.

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

Who’s Liable?

Unlike motor-vehicle drivers, cyclists aren’t required to carry insurance. Under Ontario laws, both motorists and cyclists are covered by the Statutory Accident Benefits Scheme (SABS) regardless of fault. A brampton car accident lawyer can help you with the claims process.

Cycling is a billion dollar industry in Canada. More than 65% of Toronto residents own at least one bicycle, as it is an extremely bicycle-friendly city. The Occupier’s Liability Act (OLA) governs municipal liability for accidents occurring on locations other than highways or roadways and the municipality has a duty of care to ensure that the premises remain in a state of reasonable safety.

However, the duty of care is restricted when it comes to recreational trails. If the cyclist had exercised due safety on such trails, or not acted recklessly, the OLA can be invoked only partially, based on the circumstances.

Our 24 hour injury lawyers can assess your case and provide you with a genuine, swift and comprehensive evaluation.

Animal Related Motor-Vehicle Accidents: Safe Driving Tips

Brampton personal injury lawyers know from experience that collisions between animals and motor-vehicles pose unique road safety challenges. One of the issues that prevents us from gaining a real understanding of the magnitude of the problem is the fact that reliable data is not available in this sector. Transport Canada sources confirm that the available data captures only about 50% of animal/motor-vehicle collisions. A 2003 report entitled Collisions Involving Large Animals and Motor-vehicles in Canada confirms that in 95% of animal-vehicle collisions result in property damage which is often less than $1000, and this could be one of the reasons for under-reporting

Pedestrians and bicyclists are aware of road rules and safety issues but animals obviously are not. They tend to appear suddenly in one’s path and also behave unpredictably on the roads, especially if they are startled or frightened by the sight and sound of a vehicle. As our road networks expand and penetrate into the habitat of wildlife, it’s only to be expected that there could be an increase in man-animal conflicts.

Statistics show that there are 4 to 8 large animal collisions every hour in Canada. Data for 2014 reveals that there were 11, 466 animal vehicle collisions in Ontario according to the Ontario Provincial Police.

Drivers need to remain vigilant not just for wild animals while driving through forest tracts, but also for domestic animals like cows and sheep while passing through agricultural and rural areas, and for pets and smaller creatures while passing through more urban locations. Apart from collisions, many drivers being nature-lovers may tend to stop unexpectedly on the highway to watch, photograph, avoid or tend to animals, leading to unsafe conditions for other road users.

Reduce Your Risks

Drivers need information and awareness about how to react in case they encounter an animal on the road.

Obey The Signs: Watch out for Wildlife Warning signs. They are distinctive, yellow diamond shaped signs that warn drivers that there is a risk of encountering an animal there. Though there may not be any speed reduction warning alongside, it’s only common-sense to drive slower in such sections.

Slow Down: Speed prevents drivers from exercising other options like stopping in time, swerving, honking, flashing lights at the animal, etc. It’s important to keep your speed at reasonable levels in areas which you know to be risk-prone.

Practice Defensive Driving: Pay attention to both sides of the road and expect the unexpected.

Time-related: Dusk and dawn are particularly risky times, when animals are more active. Animals like moose are difficult to spot in low light, because of their dark coats.

Strategic Moves: Gut instinct invariably leads drivers to swerve when they spot an animal suddenly, but this could pose a bigger risk. You may also hit other vehicles. For smaller animals like deer, braking is a better option, while swerving is certainly the best way to avoid hitting a large animal like a moose. For very small animals, it may be unfortunate, but it’s wiser to make a choice of hitting it if there are other vehicles on the road.

Stay Focused: If you have hit an animal, call the RCMP or park wardens in National Parks. Never try to attend to wounded animals as they can be dangerous.

Contact the nearest personal injury lawyer in Brampton if you or a dear one has been in an animal-related collision. You may be entitled to compensation.

Pedestrian Head Injuries: Who Is Liable?

A 40 year old male pedestrian suffered suffered serious head injuries after being struck by a delivery truck at the Dundas St and Beverley St intersection on May 3, 2017. Paramedics who rushed to the scene were responding to a 7:15 am emergency call and the injured victim was rushed to the ER. Toronto police have issued an advisory that the intersection will be closed for reconstruction of the accident and investigation into the accident will continue. The truck’s dash-cam footage will also be examined as part of the investigation.

Such incidents bring into sharp focus the fact that pedestrian accidents are on the increase. In Toronto, they have spiked by nearly 15% over the last year, and Toronto police opine that nearly 50-60% of all motor-vehicle fatalities involve pedestrians.

This was one of the reasons that the Making Ontario’s Roads Safer Act was passed swiftly in 2016.

What Causes Pedestrian Accidents?

Accidents involving pedestrians are quite common. It’s a sad but true fact that many pedestrian accidents never get reported, especially when the pedestrian suffers minor injuries. Most pedestrian accidents are caused by driver error, fault or negligence.

Among the main causes of pedestrian accidents are:

  • Driver distraction due to electronic devices
  • Drug/alcohol impaired driving
  • Driver unfamiliar with road
  • Aggressive driving/Road rage
  • Arterial roads/Highways/Busy Urban Centers
  • Failure to yield
  • Disobeying traffic signals
  • Speeding
  • Improper lane use by bicyclists
  • Unmarked crosswalks
  • Unsafe turns at intersections
  • No warning while backing up or making U-turn
  • Quieter cars
  • Pedestrian inattentiveness: Texting, reading, window-shopping, listening to music, etc
  • Pedestrian wearing dark clothes at dusk/dawn
  • Poor lighting/visibility/weather-conditions
  • Pedestrian ignoring Don’t Walk sign
  • Pedestrian crossing road at intersection

Who is Liable?

Pedestrian safety is a good marker for a city’s overall safety parameters. These accidents are not inevitable. Most of them are preventable and avoidable. Motor-vehicle drivers have the added responsibility of ensuring that they drive safely, within prescribed speed limits and that they obey all signs and signals. They also need to make necessary adjustments for weather conditions like rain, snow, slush etc that could cause pedestrians to step off curbs or cross the road unexpectedly or at unmarked places.

Looking at the above causative factors, it’s obvious that most of the errors are committed by drivers, but a few of them could also be errors on the part of pedestrians. Hence in some cases, there may be an element of shared responsibility. Pedestrians are expected to obey traffic rules and signs, avoid jaywalking, remain alert and avoid distractions like texting, music etc. If possible, they should wear bright or reflective clothing especially at night.

Every province has its own set of traffic rules and most of them are in favor of the pedestrian’s right of way. They are most vulnerable and can suffer serious injuries in a collision, hence motor-vehicle drivers are expected to remain alert and cautious.

An experienced car accident lawyer can help you with the right advice, assistance and advocacy.

Putting Insurers On Notice: Saadati vs Moorhead: Evidence of Recognized Psychiatric Injury Not A Precondition to Recovery

Brampton personal injury lawyers have taken note of a landmark judgment on June 2, 2017, where the Supreme Court of Canada released a unanimous decision that filled a much-felt void in tort law. The court stated that proof of a psychiatric injury is not required to be furnished as a precondition to the award of damages for mental injuries that were caused by negligence.

Previously, it was common for courts to dismiss mental or emotional injury claims caused by negligence if the claimant was unable to demonstrate valid proof of a recognized psychiatric injury. However, this judgment now clearly shows the way. The court ruled that to establish a mental injury caused by negligence, the claimant has to show evidence for a “serious and prolonged disturbance that can be distinguished from normal annoyances, anxieties and fears.”

Saadati vs Moorhead

The case was heard in the Supreme Court after various trials at the Supreme Court of British Columbia (BC) and the BC Court of Appeal.

Mohsen Saadati (Appellant), Grant Iain Moorhead, Able Leasing Ltd and one other (Respondents) and the Insurance Bureau of Canada (Intervener) were the parties.

In the years 2003-9, Saadati was involved in five separate motor-vehicle accidents and suffered injuries. He was declared mentally incompetent in 2010 and has been represented by his litigation guardian. He had experienced chronic pain since the first accident which became aggravated after the third one.

Saadti sued the other parties in negligence, seeking damages for non-pecuniary losses and past income loss that arose from the second accident. Respondent admitted liability for the accident but rejected the claim for damages.

Since Saadati was unable to testify at trial, the trial judge found that the testimony of his friends and relatives was sufficient proof of psychological injury and awarded non-pecuniary damages of $100,000. The claim for physical injury was rejected and the judge did not find that the evidence of his expert psychologist to be enough to establish psychological injury. The BC court of appeal overturned this decision. This decision was later reversed by the Supreme Court of Canada.

Criteria for Recovery in Cases of Mental Injury in Negligence

The Supreme Court judge ruled that there are five cumulative criteria which determine the proof of existence of mental injury in negligence:

  • Duty of care
  • Breach of duty
  • Damage
  • Legal Causal relationship
  • Factual Causal relationship

There is no requirement to prove that a specific, recognizable injury was sustained by the claimant. To establish mental injury, the presence of serious and prolonged disturbances, beyond ordinary annoyances, anxieties and fears is enough. The important factors are symptoms and their effect and not the diagnosis. Proof that the defendant could have foreseen the injury and not the recognizable psychiatric illness is sufficient, ruled the court.

Implications for Accident Victims

In the light of this judgment, Toronto car accident lawyer and Toronto slip and fall injury lawyer can advise you suitably, if you or a dear one has suffered mental injuries in an accident.

This decision will certainly have a huge impact on future cases, since it puts mental and physical injuries on equal footing. Claimants who have sustained mental injuries no longer have to get a diagnosis of a specific injury and can instead demonstrate serious and prolonged disturbances in support of their claim.

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

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

What Is ATE?

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

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

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

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

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

Time of Purchase

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

Important Aspects

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

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

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

Brampton Slip and Fall Injury Lawyers: Because Living With Mistakes Is Hard!

Brampton personal injury lawyers Singh Barristers are regularly consulted by people who have been injured in a slip and fall accident through no fault of their own. They end up paying for someone else’s mistake, fault or negligence by bearing the enormous physical, financial and emotional consequences. 

Slip and fall injuries can be a life-altering experience if the injuries cause serious or permanent disability. Tragically, on hindsight it can be proved that most of these accidents are entirely preventable and avoidable. They may have occurred simply because someone somewhere down the chain of liability decided to cut costs, violate a few safety norms, neglect to conduct timely repairs or replace a tile or broken banister rail. 

If you or a dear one has suffered injuries in such an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation. 

Premises Liability 

The Occupier’s Liability Act in force in Ontario places the responsibility of maintenance of premises in a state of reasonable safety for all legitimate visitors squarely on the property owner. All property owners have a duty of care to ensure that all premises owned by them are kept safe not just for the people who regularly live/work there, but also for visitors. 

When someone who legitimately visits the property suffers a personal loss due to an unsafe condition on that property, whether domestic or commercial, the owner of that property is liable to cover the consequences suffered by the injured person. 

Hazardous conditions on properties would include tripping/slipping hazards, slippery/badly-maintained flooring, lighting, etc. these conditions may have been caused by the property-owner. 

Ignorance/negligence by the property owner though they knew about the hazardous condition also makes them liable. 

If the property-owner was notified of the hazardous condition but failed to take corrective action, this is also a key factor in proving negligence. 

How We Can Assist 

Our experienced Brampton slip and fall injury lawyers can help you claim compensation for: 

  • Medical expenses
  • Loss of wages, income
  • Pain and suffering 

Proving negligence, establishing the correct ownership of the property, gathering evidence etc are areas where our legal and multidisciplinary teams can help you.

24×7 injury lawyers ensure that a strong and robust claim is presented so that you receive the compensation you deserve. 

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)