Tag Archives: personal injury law firm

Statute of Limitations Laws in Ontario

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Personal injury laws like many other types are governed by statute of limitations restrictions. This means that there is a certain time frame within which a suit has to be filed to be considered valid. If you fail to meet this deadline, you could lose the opportunity to ever make a claim, no matter how serious your injuries and how negligent or faulty the defendants were. When the time set for statute of limitations has expired or passed, your case will be struck down.

The purpose of such restrictions is to ensure that no frivolous claims are made, the plaintiff has enough time to pursue it with reasonable diligence and that enough evidence is still available to enable a proper judgment.

Ontario laws prescribe a two-year statute of limitations starting from the date that the accident occurred to file personal injury claims. This law assumes that within this time, the plaintiff becomes fully aware of his/her injuries, losses and damage. It also assumes that plaintiff becomes aware that the accident was caused by the defendant’s fault or negligence.

If you miss this deadline, you cannot file a claim and you may have to pay all the legal costs for both sides. There are several other time limitations that you have to be aware of. For instance, if making a claim against the municipality or a government authority, you have to give a notification within 10 days in most cases. Though there are certain exceptions to all these rules, it’s not worth taking the risk. Contact an experienced personal injury lawyer immediately to avoid missing a deadline.

Baby Recliner Recall – Filing A Personal Injury Claim

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Single or working parents, busy house-bound parents, day-care centers and infant care facilities are flooded with a plethora of products that make child-care seem like the easiest thing on earth. One of these products that became very popular recently was the Baby Recliner or Nap Nanny. Between 2009-12, this product was lapped up eagerly by parents of infants who thought they had the perfect baby-care product that would help their little one to rest, sleep and watch them from a safe place while parents went about their chores. However, the product proved quite dangerous and more than six infant deaths have occurred, while several babies were saved by vigilant parents or care-givers.

If your child has had a baby recliner accident or have tragically lost a child while using this product, contact a personal injury lawyer without delay. Accidents are caused by someone’s fault or negligence and the injured/bereaved are entitled to seek compensation from those responsible for the accident.

The Baby Recliner

This product is essentially a comfortable seat with a protective belt, much like a car seat. It is meant to be a standalone piece but unfortunately many parents place them inside cribs. The baby slips into the gap between the recliner and the crib and chokes or suffocates to death when its face gets pushed into the gap. Since the child is securely belted, the range of movement is limited and it cannot free itself when in danger.

Another risk with this product is that it is essentially meant for babies who have not reached the stage of being able to turn over. If they’ve begun rolling over or crawling, this product is just not meant for them.

However, most consumers who purchase this product are unaware of the risks involved. The labeling on some makes of the products recommends that it is suitable up till the age of two, which is incorrect.

Keeping these factors in mind, the product has been recalled by the manufacturers. If you have used the product and your child has been injured, our personal injury attorneys can examine the circumstances of your case and advise you on the best step forward.

Children’s Accidents and Personal Injury Claims

Many parents are reluctant to pursue a personal injury claim when children are injured. Ontario laws are quite complex and a litigation guardian is required for children under 18. Settlement offers should be made in the best interests of the child and should be court-approved. Parents are consumed with worry and guilt when their children die or are injured. However, when accidents happen due to defective products, the grief is more compounded. Yet it’s important that parents focus on the future. Their lawsuit may in fact compel the company to recall the product so that such mishaps don’t happen to other children. Our personal injury law firm can handle your case in a most sensitive and compassionate manner while ensuring that your rights are protected. We help you deal with at-fault parties, insurers and their representatives while keeping your interests safeguarded.

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)

Funeral Home Negligence

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The death of a dear one is always an emotional issue and we would like their funeral and other rituals to go smoothly, in a dignified and peaceful manner, reflecting the love and respect we had for the person, their status in society and the beliefs and ethics they held in their lifetime.

Today, most people rely on funeral homes to help them bid farewell to loved ones. Such organizations take care of the funeral arrangements, burial or cremation, memorials, publishing obituaries, statutory requirements etc. and we trust them to do what’s in our best interest.

However, carelessness, lack of attention to our wishes, negligence and disrespect to the dead are some of the issues that cause great distress and grief to family and friends. If you have been the victim of funeral home negligence, contact a personal injury law firm which has experience in handling such cases, to file a personal injury claim against those responsible for mishaps and untoward events.

What Constitutes Funeral Home Negligence?

Most of us are unaware of our rights when we enter into contracts with funeral homes. In such a time of grief and distress, we are most vulnerable and fail to pay attention to many practical matters. Regardless of religion or faith, matters concerning death must be handled with respect and dignity. Any lack of dignity or respect can be termed “cemetery desecration.” Fraudulent practices and attempts to take advantage of the family’s sensitive condition result in certain malpractices and negligent acts.

Some examples of funeral home negligence include:

  • Partial embalming of body when full charges are collected

  • Not following instructions regarding coffin, dress, flowers etc

  • Improper embalming

  • Improper storage/refrigeration

  • Stealing of organs for sale

  • Sexual assault or abuse of deceased

  • Missing/misplaced body

  • Presentation of wrong body

  • Maggot or fungus infestation

  • Improper or incorrect burial/cremation

  • Misplacement of deceased’s property like jewelry or tooth-fillings

  • Misplacement of ashes

  • Co-mingling of ashes

  • Unauthorized disposal

  • Failure to tend to grave-site

  • Burial in wrong grave-site

  • Vandalized or marred

  • Coroner negligence

  • Burying bodies in older graves to save space

  • Soiled, shabby clothing

  • Unlicensed embalmers

  • Lack of respect, foul language used in front of clients

  • Unauthorized picking-up of body from the hospital

  • Making false and misleading statements

In many cases, the relatives and loved ones are unaware of funeral home negligence but if this comes to your notice, speak to a personal injury lawyer immediately to begin the process of filing a personal injury suit.

How We Can Assist

While most of us entrust the task of managing funerals to reputed and reliable funeral homes, it’s possible that aberrations occur. It’s important that you report your concerns immediately to the funeral home authorities and simultaneously contact a personal injury attorney. Key evidence needs to be preserved and documentary proofs and photographic evidence has to be gathered. We can conduct independent investigations, get testimony from eye-witnesses (if any) and expert witnesses, etc to back your claim. We represent you in all communications/negotiations and ensure that your rights/interests are safeguarded.

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)