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

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

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

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

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

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

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

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

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

Depression and Disability

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

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

Common feelings include:

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

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

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

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

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

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

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

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

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

Knee Injuries

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

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

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

How Much Are Knee Injury Claims Worth?

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

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

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

Peterborough Personal Injury Lawyers: Safeguard Your Rights In Slip And Fall Accident Situations

If you or a dear one has suffered injuries in a slip and fall accident sustained due to dangerous conditions on someone else’s property, you’re probably aware that you may be entitled to compensation.

Peterborough personal injury lawyers who handle such cases regularly understand the concerns that victims and their families have when they get involved in such an unfortunate situation.

These accidents are among the most common of civil cases across Canada and a majority of them are settled out of court and not in lengthy procedures inside a courtroom. There is no reason why an injured person and/or their family has to bear the physical, financial and emotional burdens that arise as a result of such mishaps when it has been caused by another person’s fault or negligence.

Assessing Your Claim

“Do I have a valid case?” is a question that an experienced personal injury lawyer who regularly handles slip and fall injury claims can best answer.

In general, there are several factors that determine the validity of such cases:

  • Establishing that the accident occurred in that location
  • Proving the hazardous condition
  • Establishing ownership of the property and occupier’s liability
  • Establishing that the owner knew or should have known about the hazard
  • Establishing negligence or fault in not removing the danger
  • Establishing nature and extent of injuries
  • Proving that these injuries impact the victim’s life
  • Establishing the expenses incurred as a result of the injuries 

Protect Your Interests

Though your case may seem straightforward, insurance-companies who have to make settlement-payouts may not always act in good faith. They may delay, dispute, deny or dismiss your claim.

As the plaintiff, you and your family need to take certain steps to protect your rights and interests:

  • Report the accident immediately to someone in authority and get it documented
  • Take photographs on your mobile-phone with date and time stamp: Location, cause of accident, your injuries, land-marks.  This is because the owners can destroy evidence or it can vanish with time in the settlement duration
  • It’s important to get contact details of witnesses if any. Your family-members can collect this information if you’re unable to do it. However, don’t contact them again afterwards, let your personal injury lawyer continue the process
  • Visit a qualified doctor and contact a personal injury lawyer immediately
  • Follow all medical advice, preserve all bills, records, test-results, prescriptions
  • Start keeping an accident journal to note all events connected with the accident
  • Ensure you preserve all physical evidence such as footwear/clothing. Don’t remove stains like mud, blood etc and don’t mend tears. If your glasses broke when you fell, preserve them and get another new pair
  • Never sign anything, record any statements, provide access to confidential information, communicate with at-fault parties without your lawyer’s advice/knowledge
  • Avoid making inadvertent statements : Neither you nor the family should say things like “It’s because of my carelessness!” etc
  • Stay off social media till your claim is completed satisfactorily

Peterborough personal injury lawyers can advise, assist and guide you through the claims process, while ensuring that your rights are protected.

Sudbury Personal Injury Lawyers: Prescription Drugs Can Cause Impaired Driving

Sudbury personal injury lawyers often handle cases where innocent people have been badly hurt in motor-vehicle accidents caused by impaired driving.

These accidents happen when the at-fault person has consumed alcohol, drugs or medication that interferes with his/her ability to control the vehicle, resulting in fatal collisions.

When we discuss impaired driving, what immediately comes to mind is someone who’s returning home from a party or a night out after having had one too many drinks, or a person whose judgment is completely impeded by mind and body affecting substances.

However, something that we often fail to consider are the equally hazardous effects of consuming over-the-counter or prescription medications that have been prescribed by a qualified medical specialist.

These medications comprise cough and cold remedies, flu treatments, anti-histamines, allergy drugs, pain-killers, muscle relaxants, eye-drops, nebulizers etc. and they are necessary to deal with a diagnosed health condition.

However, since they can cause side-effects that affect your body and mind, serious accidents can result if people drive or use machinery in factories etc after consuming them.

Motor-vehicle offenses committed under the influence of alcohol, recreational drugs and prescription medication are all considered to be equal. There is no leniency for drivers under the influence of any of these.

If you or a dear one has been injured in an accident caused by a driver whose abilities were impaired by prescription medications, consult a Sudbury personal injury lawyer who regularly handles such cases. You may be entitled to compensation.

Effects of Prescription Medications

Most of us would never drive under the influence of alcohol or recreational drugs but we tend to be casual about taking prescription medicines. These drugs are not illegal or illicit, they have not been taken to enhance your mood or satisfy a craving. However, many prescribed and over-the-counter drugs can make a person unfit to drive. If someone causes an accident while under the influence of such a drug, it’s still considered to be an impaired driving offense.

Such medications include opiates like morphine and codeine, anti-histamines which cause drowsiness, cough remedies containing anti-histamines which should be taken only at bed-time, anti-anxiety drugs which calm the nervous system, causing muscle relaxation, impaired judgment, blurred vision, etc.

Common side-effects of prescription drugs include:

  • Drowsiness
  • Dizziness or loss of balance and orientation
  • Eye-hand co-ordination problems
  • Blurred vision
  • Lack of concentration
  • Impaired judgment
  • Memory problems
  • Physical unease like stomach upset, bloating or gas
  • Severe dehydration
  • Mood changes

The drugs commonly prescribed by physicians are meant to deal with a particular condition. They may be tranquilizers, anti-histamines, anti-depressants, sleeping pills, decongestants, pain-killers, etc and most doctors advise patients to avoid driving or doing hazardous outdoor work while they’re taking them.

Common side-effects can also vary from person to person, and hence, some people may react more severely than others. Follow your doctor’s advice and avoid driving as much as possible.

The government has recently made important changes to the laws regarding impaired driving.

If you or a loved one has been injured in an accident caused by a driver who has consumed prescription drugs, consult an experienced Sudbury personal injury lawyer immediately to ensure that your rights and interests are safeguarded.

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

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

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

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

Brampton Personal Injury lawyers

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

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

When Claims Are Refused

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

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

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

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

In general, claims are denied because:

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

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

Saulte Ste. Marie Personal Injury Lawyers: Stay Informed About Insurance Premium Rates

Studies have shown that Ontario has the highest insurance premium rates in the country although its accident rates are the lowest in Canada.

The average automobile insurance premium in Ontario in 2015 was $1458 per vehicle, which is 55% higher than the Canadian average. However, what irks drivers more is the fact that most of the money in the system doesn’t go towards providing benefits to accident victims who end up not receiving the required treatment and care. Instead, insurance companies spend a large portion of their funds on paying experts in various fields to ensure that payment settlements are either kept to a minimum or avoided altogether.

“The system is filled with disputes and inefficiencies …” opined David Marshall, former head of the Workplace Safety Insurance Board. He advocates the adoption of a “care-not-cash” approach which focuses on victims and provides transparency in legal fees paid by insurance companies.

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Ontario provides no-fault statutory accident benefits to all those who have been injured in automobile accidents regardless of fault. These benefits are to be paid by the victim’s own insurer. Additionally, victims are also entitled to sue the at-fault party for compensation if that party’s negligence was responsible for causing the accident.

Consult an experienced Sault Ste. Marie personal injury lawyer immediately if you or a dear one has been injured in an automobile accident. You may be entitled to compensation.

What Factors Affect Premium Rates?

Vehicle owners and drivers often find that they pay one particular rate, while spouses, friends and neighbors pay another. Hence, it’s good to understand how premium rates are calculated and what is the kind of coverage you get for that particular rate.

According to the Financial Services Commission of Ontario, premium rates are determined by looking at various factors that include:

  • Personal profile
  • Amount of coverage purchased
  • Deductibles
  • Company policies

Personal profile includes your age and address, type of vehicle you drive and your driving history. Where you live affects your premium rate because rates are higher in urban areas since there are more vehicles on the road and chances of accidents are higher. Urban locations also see more auto thefts.

The type of vehicle you drive – whether it’s a safer, family model or a flashy speed-machine – affects your premium rate.

Age, gender and marital status are factors because studies show that crash rates are higher for unmarried males under 25. Students are offered discounts especially if they get good grades.

If you take driver-safety courses, you can get a better rate.

Your driving history/record determines your risk assessment.  This includes accidents where you were more than 25% at fault. Those with fewer crashes obviously pay less and the reason for the accident is also taken into account. How often and far you drive affects premium rates. People with long daily commutes may pay more.

You can choose the deductibles you want applied, which are mandatory in your province, and determine what additional coverage you want to pay for. This affects the overall calculation of premium.

Dealing with insurance claims-adjusters can be stressful in the aftermath of a serious accident. An experienced Saulte Ste Marie personal injury lawyer can provide assistance and advice.

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

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

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

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

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

Slippery Baths and Wet Areas 

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

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

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

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

What Are Walk In Tubs?

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

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

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

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

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

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

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

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

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

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

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

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

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

Role Of Flooring

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

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

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

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

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

Oshawa Personal Injury Lawyers: Select The Right Medical Expert!

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

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

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

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

The Role Of Doctors

Proving liability in slip and fall accidents is based on:

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

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

Hence, selecting the right doctor is of paramount importance.

How To Select The Right Physician

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

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

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

The right doctor:

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

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

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

North York Personal Injury Lawyers: Is There A Difference Between Trip and Fall And Slip and Fall Accidents?

Slipping or tripping can be an extremely risky proposition and may result in a nasty fall. The immediate and overwhelming emotion is embarrassment and we hope that no one witnessed this unseemly upset. However, the truth is it’s great if someone did spot you taking a spill. They can serve as witnesses if you wish to make a claim for compensation against the owner of the property where your accident occurred.

Such accidents can cause serious physical, financial and emotional losses for the injured person and/or their families. You are entitled to seek financial compensation from those whose carelessness, fault or negligence created/maintained the conditions that resulted in your accident.

We assume that our insurance company or that of the at-fault party will cover our expenses. However, they don’t always act in good faith and could dispute your claims.

 

Contact an experienced North York personal injury lawyer who deals exclusively with such cases. This gives you the necessary assessment of your claim, advice, guidance, information and advocacy. It also protects your interests.

Slip or Trip?

When we fall down and sustain injuries it could have been because we either slipped or we tripped ! Such accidents are a leading cause of injuries across Canada. Most people use the two terms “slip and fall” and “trip and fall” interchangeably. Both situations come under the umbrella of premises liability. However, in determining the exact cause of the accident and establishing liability, it’s important to know and specify the way your fall occurred.

The main differences:

  • Slipping occurs when there is reduced or no traction between the surface and the feet/footwear. For instance, wet or slippery surfaces, loose carpeting/mats, liquid spills, sloping floors, metal or marble flooring, waxed, polished or freshly-cleaned floors, over-smooth soles on footwear, etc can cause a slip and fall accident.
  • Tripping occurs when the person loses balance because of an external object that alters their stability. Exposed cables and wires, unmarked elevation changes, clutter and debris, wrinkled/loose floor covering, objects left in unaccustomed places etc are some of the reasons that cause trip and fall accidents.

In general, proving liability in these cases is challenging. Experienced North York personal injury lawyers have to prove negligence, liability, cause of accident, nature and extent of injury, direct/indirect connection between the accident and injury and the losses caused by the injury.

Keeping this aspect in mind, it becomes important to make the distinction between a slip and a trip so that it becomes clear what the cause of the accident was.

Safeguard Your Rights

  • There are strict time-frames within which such claims can be brought
  • Report the accident and consult a doctor immediately
  • Preserve clothing/footwear worn at the time, all bills connected with the accident
  • Avoid quick settlements with property-owners
  • Don’t sign waivers, give permissions or recorded statements
  • Talk to insurers/claims-adjusters after legal consultation
  • Follow medical advice
  • Avoid posting on social media

In Ontario, the Occupier’s Liability Act holds property owners responsible for the safety of premises under their control. If you or a dear one suffers injuries in a slip/trip and fall, you’re entitled to seek compensation for your injuries.

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

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

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

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

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

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

Store Liability

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

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

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

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

Safeguard Your Rights

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

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

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

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

Milton Personal Injury Lawyers: Risks in Slip and Fall Injuries From Elevators and Escalators

People today are so familiar with elevators and escalators that they’ve become a part of our daily lives. Whether it’s in a train station, mall, restaurant, airport, apartment building, bank or hospital, we seldom give them a second thought as we board one of them. They certainly make life a lot easier for us and ensure that we reach swiftly and conveniently to our destinations, whether they’re in upper or lower elevations.

However, these conveniences can hold potential risks too. A slip and fall in an escalator or elevator can result in serious injuries, especially if the victim is a senior citizen or a pregnant woman.

Apart from the physical injuries, people also suffer huge financial losses and emotional trauma as a result of the accident.

If you or a dear one has been injured in an accident, consult a Milton personal injury lawyer without delay. You could be entitled to compensation.

Elevator/Escalator Slip and Fall Injury Risks 

These facilities have the task of transporting large numbers of people continuously. The weights they carry can vary enormously throughout the duration.

A recent study conducted by the Technical Standards and Safety Authority (TSSA) shows that across Canada, elevators seem to be getting more dangerous. Over the last six years, nearly 1200 people have suffered injuries with 69 of them being permanent injuries, while six people have died. TSSA studies also show that the number of such incidents has increased over 2011 – 2016 and the trend shows a rise of nearly 14% annually.

With nearly 40,000 elevators in Ontario, safety has become a major public health risk concern especially among senior citizens. In an indirect way, it affects their normal routine, health and socialization. Liberal MPP Han Dong observes, “… seniors won’t leave their apartment when there’s an elevator out of service in their building, because they’re afraid they won’t be able to get back to their apartment. In some cases they will have to forgo their doctors’ appointments…”

Escalators pose their own risks. Escalator steps are slightly taller than normal stairs. This does create a tripping hazard if you choose to walk up the escalator instead of waiting for it to take you to the top. Many people also fail to hold the handrail as the escalator travels. According to the National Elevator Industry Inc, it’s always safer when riders stand in place holding the handrails. Walking and standing on certain designated sides can also cause uneven wear and tear over time, leading to malfunction and defects.

Common Problems With Elevators and Escalators

  • Elevator drops and falls
  • Incorrect door alignment
  • Defects/malfunctioning of parts, loose parts
  • Uneven car landing between floors
  • Sudden stoppage
  • Side entrapment of clothes or footwear

Common injuries include cuts/bruises/sprains to amputation, traumatic brain injury, disability, disfigurement and death. Broken nose, bumps, head-injuries, facial/dental damage, thumb fractures are common, while loose panels or parts can fall off, causing people to lose their balance. Electrical fires in elevators/escalators can occur.

All these accidents can be traced to fault or negligence, shoddy maintenance etc. An experienced Milton personal injury lawyer can provide assistance and advice to help you get satisfactory compensation.

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

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

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

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

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

 

Driving Times And Risks

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

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

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

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

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

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

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

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

Owen Sound Personal Injury Lawyers: What Is No-Fault Insurance?

As an Ontario resident, you may have heard the term “no-fault insurance” and wondered what exactly it means.

These mishaps result in enormous losses and injuries of a physical, financial and emotional kind to the victims and their families.

When it comes to claiming compensation by the injured, there are two main options open to them. According to Ontario regulations, all those injured in motor-vehicle accidents are entitled to claim statutory benefits, regardless of fault. Additionally, injured victims can file a personal injury suit against the at-fault party. Both these settlements are made by the insurance-companies of all parties involved.

Statutory benefits or “no-fault insurance” is available to all those injured in the accident and there is no requirement to demonstrate whose fault or negligence caused the accident.

An experienced Owen Sound personal injury lawyer can assist you with the right information regarding these terms and the options  available to you to get the maximum possible compensation for your losses.

No-Fault Insurance

Though it may seem otherwise, no-fault insurance doesn’t mean that no one was at fault in the accident that caused your injuries. All it means is that the injured person can deal with their own insurance-company to receive compensation for damage to your vehicle and to cover your expenses if you’ve been injured. It also means you don’t have to pursue the at-fault party for a settlement.

This covers all passengers who were in your vehicle at the time of the accident who have car insurance policies of their own. They can approach their own insurance-companies for no-fault benefits. If they don’t have car insurance, then your insurance company may pay out these benefits. Similarly, the driver of the other vehicle, even if he/she is at fault can claim benefits from his/her own insurance company and so also their co-passengers.

Ontario is a no fault insurance province.

Such regulations help insurance-companies to deal with claims swiftly and more economically, rather than pursue a fault claim.

However the term “no-fault” doesn’t imply that the insurance-companies will not conduct investigations into determining who was at fault in the accident.

Fault Determination

Ontario’s insurance premiums are among the highest in Canada, although the accident rates are the lowest in the country. This means that vehicle-owners pay out nearly 50% more than the average Canadian in insurance premiums.

When an accident occurs, someone is deemed to be at fault either partially or completely. According to the law, insurance-companies are mandated to assign a degree of fault to each of the drivers involved in the accident. This is done by conducting investigations, interviewing witnesses, employing experts etc to apportion the fault to the parties involved.

Even if no police charges are made in the accident, the insurance-companies will use their Fault Determination Rules under the Insurance Act and assign fault accordingly.

The result can affect your premium rate and hence, it’s important to keep a meticulous record of all that occurred in the accident in case you need to dispute the insurance-company’s findings.

Contact an experienced Owen Sound personal injury lawyer to safeguard your rights and protect your interests.

Ottawa Personal Injury Lawyers: Select The Right One

If you or a dear one has been injured in a motor-vehicle accident, you would know how traumatic it can be. Though the event happens in a split second, the effects can last for a very long time, sometimes even permanently.

As experienced Ottawa personal injury lawyers, we know from dealing with numerous such cases, that accidents are rarely “accidental.” They are usually caused by someone else’s fault or negligence and it’s only a thorough investigation that can uncover the real reasons for the collision.

Innocent victims and their families are left to face the enormous physical, financial and emotional burden imposed by serious injuries caused by an accident. The losses sustained by accident victims include:

  • Loss of income/wages
  • Loss of earning-capacity
  • High medical and rehabilitation expenses
  • Emotional and physical pain and suffering

and many more, depending on the nature and extent of injury.

Ontario laws entitle injured victims in motor-vehicle accidents to apply for statutory benefits, regardless of fault. Additionally, victims can file a personal injury suit against the at-fault party whose negligence/fault caused the accident. Settlements are payable by insurance-companies.

Though many of us believe that an insurance company, especially our own, would act in good faith and make a settlement promptly, this can be far from the truth.

Insurance companies are for-profit organizations whose focus is purely on protecting their own business interests. To this end, they may dispute your claim, deny or dismiss it on technical grounds, attempt to make a meager settlement that wouldn’t cover your costs or delay matters till it becomes impossible for you to stay financially afloat.

Keeping these factors in mind, it’s important to present a settlement claim that’s water-tight in every way. Dispute settlement is achieved through negotiations and an experienced Ottawa personal injury lawyer can assist you with these procedures.

Select The Right Lawyer

Perhaps the best time to select a lawyer is when you don’t really need one! This gives you the time to thoroughly research their credentials, success-rate, types of cases handled etc.

However, if you don’t have a personal injury lawyer already, keep in mind that the wrong one can be highly inimical to your case, while the right one can provide you with the compensation you deserve.

Go about the task systematically. If you’re personally unable to do so, entrust the task to a family-member, co-worker or friend whose judgment you can rely on.

It’s also important to analyze what you want from the personal injury claim. People may need to:

  • Cover their present and future expenses
  • Create a long-term, life-plan fund
  • Punish the guilty party
  • Have their day in court
  • Get a swift settlement without too much delay

Keep a list of questions you want answered by potential candidates when you’re selecting an Ottawa personal injury lawyer

Select a lawyer/law-firm with the financial resources to handle your claim and help you fund expenses. They should also be prepared for both negotiations and trial based on the response of the at-fault party.

It’s wiser to select a local professional rather than one from out of town, as the local person is more familiar with court procedures, current rulings, trends etc in this jurisdiction.

Orillia Personal Injury Lawyers: The Role of Eye-Witnesses In Motor-Vehicle Accidents

Motor-Vehicle Accidents (MVA) happen like a bolt from the blue but their effects can last a long time, perhaps even for an entire life-time. Severe injuries result in people having to take time off from work to recoup their health and in many cases, the person may never be able to work again.

For most injured victims, a car collision also means heavy and unforeseen medical expenses that include extended hospitalization,  expensive, complicated and long-term treatments and medication, loss of mobility and chronic pain.

One of the aspects that’s seldom taken into consideration is the emotional aspects of trauma. Post-traumatic stress is a common consequence of a devastating car crash. Fear, anxiety, phobia, sleep disturbances, mood changes, substance abuse and breakdown of relationships are all typical results of having survived a shocking event.

Are Accidents Preventable?

As our experienced Orillia personal injury lawyers know from experience, most accidents are avoidable and preventable. MVAs are almost always caused by someone’s fault or negligence. Vehicle drivers have a responsibility to share the road safely with other road-users and ensure that their co-passengers are also kept safe.

Accidents are usually caused by:

  • Impaired driving
  • Speeding
  • Disobeying Traffic Signals, Road Signs and Warnings
  • Distracted driver
  • Poor weather conditions
  • Non-maintenance or poor design of roads
  • Defective or malfunctioning auto parts

Whatever the reason for the collision, injured victims in Ontario are entitled to receive statutory benefits, regardless of fault, payable by their own insurer. Additionally they’re also entitled to file a personal injury suit against the at-fault party.

Witnessing A Collision

Some of us may have been in a situation where we’ve seen a collision happening at close quarters and we’ve experienced the dilemma of wondering what to do.

It’s the regulation in many countries that anyone who witnesses an automobile accident should stop and ensure that no one’s hurt and should call for help.

As a witness, you must:

  • Stay calm, cool and collected
  • If you can’t stand the sight of blood, avoid looking
  • Base your actions on the type of response needed
  • Ensure your own safety – keep your own vehicle at a safe distance, since there could be a fire or explosion, flying/broken glass, etc
  • If possible turn off the ignition in running vehicles to eliminate fire risk
  • Call the traffic/police emergency number immediately. Don’t assume that someone else may have already done so
  • Approach the crash site very carefully and help only if you’re capable
  • Never move injured persons but reassure them that help is on the way
  • Don’t form judgments about whose fault it was
  • Give a clear statement of facts and provide your contact details to the police and traffic authorities
  • Make a note of the time, date and location of the accident and brief notes about whatever you saw, for future reference

Oirillia personal injury lawyers who have been retained by the injured persons have to put together a strong claim proving the negligence of the at-fault party and the impact of the injuries on the victim. Eye-witness testimony can be of crucial importance in such cases.

Oshawa Personal Injury Lawyers: Speeding and Motor-Vehicle Accidents

With the burgeoning of technology and design, modern motor-vehicles are intended to stretch the limits of speed and endurance. It was in the beginning of the 20th century that automobiles entered the transportation market, but they were still seen as a rich person’s toy. In 1920, Ford sold nearly a million cars and there has been no looking back since then.

Modern automobiles are a far cry from those pioneering creations. Today, concepts like safety, fuel-economy, emissions, environmental impact stand shoulder to shoulder with vehicle electronics, performance, price, durability, ease of driving, quality and use of cutting edge technology, making the modern motor-vehicle an engineering marvel.

One of the features that many drivers consider while selecting a car is the maximum speed that a vehicle can achieve. Though it’s not possible to really let the car rip in our crowded cities, vehicle owners want one that’s capable of attaining top speeds while on highways and expressways.

Transport Canada prescribes stringent safety standards for all vehicles on its roads. All vehicles made or sold in Canada have to meet the Canada Motor Vehicle Safety standards. The Motor Vehicle Safety Act regulates the safety standards of motor-vehicles and motor-vehicle components.

Motor-Vehicle Accidents

Accidents are not inevitable events. They are usually avoidable and preventable, and most often caused by someone’s fault or negligence.

Some of the common reasons for a collision are driver-behavior related, while other reasons could be the driver’s response to external factors.

The common reasons for collisions are:

  • Impaired driving caused by alcohol, drug or prescription medication consumption
  • Fatigue
  • Distractions including use of cellphones
  • Speed, racing and performing stunts on the road
  • Road-rage, aggression
  • Defective or malfunctioning automobile parts
  • Weather conditions
  • Unfamiliar or rural roads
  • Poorly-maintained roads
  • Failure to obey warning signs
  • Inexperienced or aged driver
  • Non-use of safety restraints

Whatever the reason, victims in MVAs who sustain serious injuries  and their families have to shoulder the burden of medical costs, income loss, pain and suffering.

An experienced Oshawa personal injury lawyer can assess your case and provide guidance and assistance. You may be entitled to compensation.

How Does Speed Affect Safety?

Speed limits are imposed keeping in mind the general traffic conditions, nature of surroundings, the course of the road, general use of the road etc. For instance, lower speeds are recommended around school zones to protect children. Warning signs are posted at curves, elevation changes, crossings, etc to alert the driver to changes in the surroundings.

“Speed Kills” is a slogan that holds a lot of truth. Nearly 1.25 million people are killed every year in traffic accidents, with nearly 50% of these caused by over-speeding. Speeding creates a different set of problems when accidents occur, and injuries can be much more severe if the vehicle/s were traveling at very high speeds.

Very high speeds result in:

  • Higher impact forces
  • Limited time to react, maneuver, negotiate
  • Reduced distance between vehicles
  • Extended braking distance
  • Impaired judgment

An experienced Oshawa personal injury lawyer can provide the right assistance and advocacy if you or a dear one has been injured in an MVA.

North York Personal Injury Lawyers: When Children Are Injured In Motor-Vehicle Accidents

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.

North Bay Personal Injury Lawyers: The Role Of Personal Injury Lawyers in Claiming Settlement

Auto accidents can be disruptive, whatever the nature and extent of damage and injuries. However, when such accidents cause serious or life-altering injuries, the situation becomes extremely difficult for not just the injured person, but often for the entire family.

Injured victims and their families face huge pressures as the physical, financial and emotional problems connected with the accident begin to mount. Being hospitalized or undergoing treatment means time out from work and loss of wages. Medical expenditure can spin out of control, while the stresses and strains of all these problems can lead to anxiety, panic attacks, depression, breakdown of relationships etc.

All injured victims of motor-vehicle accidents (MVA) are entitled under Ontario’s Insurance Act to avail of statutory benefits regardless of fault. Additionally, victims can also sue the at-fault party for compensation if the accident was caused by their fault or negligence.

These aspects are best handled by an experienced North Bay personal injury lawyer who has dealt successfully with such cases before.

The Changing Face Of The Legal Profession

The entire face of the legal profession has changed over the past few decades. Today, there are mega-sized global firms with a presence in every continent on earth, highly-skilled and trained super-star lawyers whose mere presence is enough for insurance-companies to buckle under. The use of the latest technology, digital tools and investigative methods, and a more contemporary structure and management-based organization have led to huge innovations in the way things work in the legal profession.

However, the primary focus of personal injury law remains steadfast and protecting the rights and interests of clients remains top priority.

Top ranking law firms can showcase a wide range of expertise in almost every area of law. This is another important trend in law – moving away from generalist to specialization. As with other fields, lawyers also gain knowledge, experience and expertise in specific areas of the legal profession. Hence, under the civil or tort law umbrella, personal injury lawyers further specialize in areas like MVA, slip and fall, animal attack, dog-bite, medical malpractice, defective product, truck accident, amusement park accident, cruise-ship accident, premises liability, host liability etc.

However, there are many firms which retain their one-on-one relationships with clients, stay local and cater to the neighboring communities and have a connection with local events, courts and the local bar associations.

What Is The Personal Injury Lawyer’s Role?

Insurance companies which have to make the settlement payouts may not act in good faith. They can deny/dismiss/dispute your claim, minimize the nature and extent of your injuries and/or their client’s negligence/liability.

Experienced North Bay personal injury lawyers can:

  • Provide a genuine, swift, comprehensive evaluation of your case and advise you on its merits
  • Help you access the best medical care
  • Help fund your expenses
  • Defer fees until a successful outcome is achieved
  • Handle the complex medical, legal and insurance issues involved
  • Complete the paperwork accurately and in time
  • Conduct independent investigations to assemble a robust claim
  • Assemble a range of evidence
  • Conduct negotiations with at-fault parties/insurers/legal representatives
  • Protect your rights
  • Take the case to trial if talks break down

Help you get the compensation you deserve

Mississauga Personal Injury Lawyers: Is Your Insurance Company Your Friend In Need?

Serious injuries sustained in auto accidents may require hospitalization, surgery and extended rehabilitation. They result in restricted mobility, loss of income/wages/earning-capacity, the need for an attendant or caregivers, etc. Coupled with this, medical expenses may spiral out of control, while creating immense emotional stress for all concerned.

Often, we take refuge in consoling ourselves that the only silver lining in this cloud is the fact that we have insurance coverage. We believe that our medical expenses will be reimbursed, while we get the appropriate compensation for income-loss.

To this end, we pay our premiums diligently, even though the average auto insurance premiums in Ontario are the highest in Canada. The province’s insurance rates are almost 55% higher than those in other jurisdictions.

Yet, when it comes to the crunch, we could find that our insurance company fails to rise to the occasion.

Accidents are caused by someone’s fault or negligence. Injured victims are entitled to seek compensation from those responsible for the accident. Injured Motor-Vehicle accident (MVA) victims in Ontario are also entitled to receive statutory benefits regardless of fault.

These settlements are payable by either the at-fault party’s insurer, or by your own.

Settling With Insurance Companies 

Being for-profit organizations, insurance companies are primarily focused on protecting their own business interests. They may adopt a variety of tactics to avoid making a settlement payout. Technical grounds, delaying tactics, disputing facts presented by you, compelling you to admit that the accident could have been partly caused by you, etc are ways in which claims are denied/disputed and settlements minimized/refused.

  • Following an accident, insurance companies may record your  conversation when they ask a series of questions. You are not compelled to answer them without the advice of an experienced Mississauga personal injury lawyer‘s advice.
  • We assume that we are being honest and co-operative, but inadvertent statements, admissions, ambiguity, slight misrepresentation of facts etc may hurt your claim.
  • Although personal injury suits are governed by filing deadlines and statute of limitations, there is no hurry to settle with insurers until the full nature and extent of your injuries is known and the financial implications are understood.
  • You may not be aware that the insurance-company’s negotiators and claims-adjusters are lawyers themselves. Handling negotiations by yourself can be challenging.
  • Insurance-companies often hold back information from victims – for instance, that you’re entitled to a rental car while yours is being repaired, that if you agree to a meager settlement in return for getting your car fixed, you could end up losing a packet on your medical bills, etc.
  • All your medical bills may not be reimbursed. Insurers use “reasonable and customary” standards to compare your bills to those charged by similar doctors. Hence, your bills may be refused, citing these standards or that the treatments were unnecessary.
  • There may be time-limits for treatments that you’re unaware of, and insurers may get you to sign documents that release access to your prior medical and employment records.

Insurers may discourage you from consulting a lawyer, but ultimately, experienced and knowledgeable Mississauga personal injury lawyers who deal with such cases regularly, work on your side to protect your rights and interests.

Injured In A Hotel Or Resort? London Personal Injury Lawyers Can Help

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.
  • 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.

Kingston Personal Injury Lawyers: Shoulder Pain After Slip and Fall Accident

Our shoulders literally “shoulder” a lot of work in our daily life. Whether it’s lifting, pushing, exercising, dancing, walking or engaging in sports, the shoulders are a vital aspect in helping us perform a wide range of activities.

Being the most mobile joint in the body, it is extremely flexible and has a wide range of motion. Along with this, it is also not a very stable structure and can easily be dislocated or injured.

Slip or trip and fall accidents are a common reason for shoulder injuries. Unfortunately, accidents aren’t always chance events. They are caused by someone’s fault or negligence.

A seriously injured victim and his/her family face physical, financial and emotional issues when accidents occur. This is because the injured person requires medical care and rehabilitation, during which time he/she is unable to work. Loss of income/wages would put a strain on their finances, while the mounting cost of medical expenses causes mental and emotional strain. There may be severe pain and suffering that the victim has to undergo till the joint is completely healed.

If you or a loved one has suffered such injuries as a result of another’s negligence, talk to a Kingston personal injury lawyer without delay. You may be entitled to compensation.

Shoulder Joint Facts

There are two main bones that make up the shoulder – the upper arm bone and the shoulder blade. The end of the arm bone is shaped like a ball and it fits into a socket in the shoulder blade. A bunch of muscles, nerves and ligaments surround this joint, with tendons connecting muscle to bone.

Based on the type of fall, location, your body weight, how the fall impacted your body and whether you attempted to prevent the impact etc are aspects which determine the nature and extent of injury.

Dislocated shoulder is a very common result of a fall. Sprains, shoulder separation, ligament tear, rotator-cuff tear, nerve injury, fractures, pulled muscles, frozen shoulder etc are some of the results of a slip and fall accident. Falling on your outstretched arm can cause severe ligament tears.

Getting immediate medical help to alleviate pain and to start treatment is of vital importance. The symptoms of shoulder injury can last for a very long time. They affect your mobility and restrict your normal routine. This means you may not be able to resume your accustomed work or play habits until complete healing has taken place. 

Treatment

Rest, ice-packs, muscle relaxants, use of a sling, medications for pain relief, keeping the area elevated etc are some of the home-care aspects of dealing with shoulder pain.

However, it’s important to get professional medical help immediately. A primary health-care professional like a general physician, family-medicine specialist etc can help diagnose the problem. Based on the severity you may need further assistance from an orthopedic specialist or surgeon. Later you may need physiotherapy etc to complete the treatment.

An experienced Kingston personal injury lawyer can help you get the right treatment and ensure that your rights are protected during the compensation process.

Slip and Fall Accidents: Cellphones – Boon or Bane?

Using Tech? Watch Your Step! 

It’s a common sight these days to see people on their mobile phones while walking, driving, exercising, in restaurants and entertainment spots or commuting. The cellphone has become an inextricable part of our lives.

But it’s also a huge source of distraction, as a study conducted in Florida State University reveals. “Our results suggest that mobile phones can disrupt attention performance even if one does not interact with the device,” opine the authors of the study. This means that the mere presence of the phone can create a space in the mind for it and become a source of distraction.

Talking or texting while walking can be hazardous, leading to accidents of all types, including slip and fall accidents. This coupled with a badly-maintained area can spell disaster.

Accidents aren’t always accidental. They’re the result of someone’s fault or negligence and the injured have a right to seek compensation if their accident was caused by another person’s negligence or breaching of safety norms.

An experienced Etobicoke personal injury lawyer can evaluate your case and provide the right kind of advice and assistance on seeking compensation.

Cellphones: A Source of Distraction

Non-stop connectivity has become quite the norm and technology has kept pace with this. Smart-phones, wearable devices, mobile connectivity etc are some of the aspects that contribute to this new phenomenon.

We tend to underestimate the distraction factor in the use of phones while walking. In fact, many studies have shown that this can be a comprehensive form of distraction that involves manual, visual and cognitive inattention to the main task which is walking. Younger males, especially in higher income groups tend to discount the distraction value of cellphones much more.

Being distracted can be hazardous while walking outdoors and inside the house/work-place too. We may not be vigilant enough to notice slippery floors, wet surfaces, broken or damaged flooring, etc and could stumble over clutter or construction debris, loose wires and cables.

Plus Points Of Cellphones

On the other hand, if you weren’t distracted by the use of your phone, but unfortunately had a slip and fall accident, the cellphone can be quite an invaluable aid.

Proving fault and establishing liability in slip and fall accidents can be quite challenging when the compensation aspect comes in. These cases can be mired in complex medical, legal and insurance issues and evidence is the cornerstone of a successful outcome.

Cellphones are the perfect tool to take photographs of the location and conditions that caused your accident. This is crucial, because by the time your case comes to trial or negotiation, the conditions could have been changed deliberately by the at-fault party.

You can also click pictures of your injuries, take down details like names, addresses and phone numbers of witnesses. Since these pictures have a date and time stamp, it makes them important pieces of evidence. You can record the report that you made to someone in authority about the accident.

More than anything, your cellphone comes in handy while calling for help if you’re injured and it also helps you to get in touch with an experienced Etobicoke personal injury lawyer who can ensure that your rights are safeguarded from the word go.

Guelph Personal Injury Lawyers: Protecting Your Rights In Slip And Fall Accident Cases

People tend to automatically blame themselves when they slip or trip and fall. The overwhelming emotion is embarrassment as they recall the number of times they themselves may have enjoyed the classic slipping-on-a-banana-peel comic situation in a movie! However, slip and fall accidents are far from a joke.

They can cause a variety of injuries ranging from simple bruises, cuts or sprains to serious, life-altering, life-threatening injuries. These injuries can have a significant physical, financial and emotional impact on the life of not just the injured person, but also on the family as well.

If the injured person is the sole income-earner or was contributing to the family income, long-term hospitalization can affect the person’s income and wages or even their wage-earning capacity. High medical and rehabilitation expenses, coupled with the depression, anxiety, pain and suffering undergone, can create a truly disastrous situation.

In Ontario, it is the duty of property owners under the Occupiers’ Liability Act to ensure that all those who visit their premises are assured of being reasonably safe. When accidents occur, they may have been caused by the owner’s fault or negligence. Hence, if you or a dear one has sustained injuries in a slip and fall accident, you are entitled to seek compensation from those responsible for the maintenance of the property.

A Guelph personal injury lawyer with experience and expertise in handling such cases is best suited to provide the right type of information and assistance.

Common Reasons For Slipping or Tripping

These accidents are extremely common. Any obstruction in your path or a mis-step can cause you to lose your balance. The injuries sustained depend on age, general health condition, pre-existing illness or medical issues, location, your weight, etc.

Among the most common reasons for slip and fall accidents are:

  • Wet, slippery floors
  • Freshly-polished or cleaned floors
  • Loose carpeting, unanchored rugs, mats
  • Grease or liquid spills
  • Unmarked elevation changes
  • Poor lighting
  • Water pooled under air-conditioners
  • Uncleared snow or ice
  • Pot-holes
  • Clutter or debris
  • Loose wires, cables

Protect Your Interests 

As Guelph personal injury lawyers advise, it’s important to seek immediate medical attention following a slip and fall, no matter how minor you consider your injuries to be. Some conditions turn out to be more serious after a time lapse, and they don’t have any initial symptoms. The fall can also worsen existing illnesses or conditions.

Reporting the accident without delay is also crucial.

These factors ensure that your injury has been documented and that it is serious enough to warrant treatment. Seeking compensation in such accidents is governed by stringent time-frames and missing a deadline can result in relinquishing your right to sue.

Often, the home or property owner may request you to sign certain documents after the accident. They may also offer an immediate one-time settlement in return for your signature. However, you may soon discover that this was inadequate to cover your costs.

Never communicate with at-fault parties or their representatives without your lawyer’s knowledge, sign permissions, give access to private information.

Avoid posting on social media, as insurers keep a sharp look-out for tell-tale signs of any contradiction in your claims.

Durham Personal Injury Lawyers: Is Chiropractic Care Beneficial in the Case of Slip and Fall Accident Injuries?

One of the leading causes of hospitalizations in Canada is slip and fall related injuries. Slip and fall accidents can occur anywhere, at any time and to anyone. The variety of injuries can range from simple cuts, bruises, sprains, perhaps a broken tooth or a fractured arm to serious, life-altering, traumatic brain injury, paralysis, severe hip or skull fractures, dental and facial damage or even death. 

According to Ontario laws, property owners have a responsibility to take reasonable care that all those who visit the premises are kept reasonably safe. This means that anyone who has responsibility for and control over the condition of the premises and the activities that go on there, or has control over the persons allowed to enter the property has a duty to ensure safety.

Accidents are caused by someone’s fault, negligence or failure to follow safety norms. Injured victims can file a personal injury suit with the help of an experienced Durham personal injury lawyer, against the at-fault owner of the property and claim compensation for the losses/damage suffered by them as a result of the accident.

It’s important to get the right medical treatment without delay. In most cases, the injuries are obvious, with acute and instant symptoms of pain and damage. However in some cases, the symptoms are delayed and the problems may make themselves felt only after a time lapse. The cost of medical treatment and rehabilitation, possible loss of income/wages and the ongoing pain and suffering have to be borne by the injured person. The compensation amount is intended to compensate them for this loss.

Types of Treatment For Slip And Fall Injuries

The age and general health of the person, the location, type of fall etc can all affect the nature and extent of slip and fall accident related injuries.

Senior citizens and pregnant women are a high-risk population as such accidents can have a long-term effect.

The treatment provided depends on the above factors and can vary from simple topical applications and over the counter pain relievers to surgery, long-term rehabilitation and physiotherapy. Many injuries heal with prolonged periods of rest.

Chiropractic Treatment

According to studies conducted by Dr Mary Lynch formerly of the Canadian Pain Society, one in five Canadians suffers from chronic pain. Much of this is caused by accident related injuries which not only damage soft tissue, bones, nerves, ligaments etc but they may also aggravate pre-existing conditions, illnesses or old injuries. Hence, it’s important to get yourself medically evaluated if you ever sustain a slip and fall accident.

Chronic pain is best managed with non-invasive, long-term treatments. Chiropractic treatments focus on the diagnosis and treatment of neuromuscular disorders, emphasizing manual treatments, manipulations and adjustments of the spine. Chirpractic practitioners help to:

  • Reduce and manage pain
  • Increase mobility and functionality
  • Educate and inform patients on pain concepts
  • Use long-term approaches like exercise, ergonomics, yoga etc to manage pain

Since the treatments are non-surgical, drug-free and adopt a co-operative effort to provide relief for patients suffering from pain.

Contact an experienced Durham personal injury lawyer without delay for assistance with seeking compensation for slip and fall accident related injuries.