Tag Archives: personal injury lawyer

Brampton Slip and Fall Lawyer: Slip And Fall Accidents: Common Injuries and How To Prevent Them in 2019

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Whatever the season, slip and fall or trip and fall accidents can and do happen out of the blue. However, the onset of winter does increase the risks, especially for older people. Though these accidents happen in a split second, the after-effects can last for a very long time. Sometimes, they change the life of the injured persons and their families forever.

Victims who have been seriously injured in such accidents face enormous physical, financial and emotional trauma. They may be unable to work for a long time or even permanently. This leads to loss of income and regular wages. The financial crunch affects the entire household who may be dependent either completely or partially on the victim. Medical treatment and rehabilitation costs can become overwhelming, while the psychological aspects of serious injuries can range from depression to panic-attacks, suicidal tendencies, dependence on alcohol or drugs etc. Pain and suffering become an intrinsic part of the injured person’s life.

To compensate for these injuries, victims are entitled to seek a just and satisfactory monetary compensation from those whose fault or negligence caused the accident. If you or a dear one has been injured, contact your trusted lawyer in Brampton or your trusted lawyer in Toronto. We can help you get the compensation you deserve.

Consult A Physician Immediately 

Most people feel embarrassed when they slip or trip and fall. They want to quickly get up and leave the place, hoping no one has seen them fall. They also assume that their injuries are minor and are in a hurry to forget about the incident.

However, many injuries that appear insignificant initially can turn out to be serious much later. Elders and pregnant women are particularly vulnerable. It’s important to consult a qualified physician immediately no matter how minor you feel your injuries are. This is important from a medico-legal point of view.

Why Such Accidents Occur

Though these are termed “accidents” the truth is that they’re rarely “accidental.” Most of them are caused due to someone’s fault or negligence. Typical reasons include:

  • Slippery surfaces
  • Broken, damaged tiling
  • Loose or unanchored carpets/rugs
  • Torn carpeting
  • Freshly-washed/mopped flooring
  • Unmarked elevation changes
  • Liquid spills
  • Gaps/Cracks in the flooring
  • Missing fences, handrails
  • Broken or damaged stairs
  • Uneven steps
  • Poor lighting
  • Debris or clutter
  • Failure to clear ice, snow or fallen leaves
  • Water pooled under air-conditioning units
  • Failure to provide warning signs
  • Uneven surface in parking areas
  • Bright lights causing glare on shiny floors
  • Open drawers or cabinet doors

What The Law Says

Under Ontario’s Occupiers’ Liability Act, all property owners have a duty of care and responsibility to ensure that their properties, and areas in it such as stairs, driveways, etc are kept in a reasonably safe condition for all those who visit them for a legitimate purpose. This includes both private and municipal properties, public places, rural and urban areas, etc.

Essentially, this means that the property owner or those who have been authorized to maintain the property should ensure that they conduct regular inspections, prompt repairs and provide sufficient warning to unwary visitors.

The questions that determine property owner liability include:

  • The property owner should have foreseen the danger
  • Their conduct should have been reasonable in ensuring safety
  • If the danger existed for some time, did they know about it?
  • What steps could have been taken to prevent accidents?

How To Prevent

Property owners can prevent slip/trip and fall accidents by taking a few simple precautions, staying alert and reacting promptly. Good housekeeping practices like mopping up spills, putting down signage to mark wet/uneven floors, keeping aisles and driveways free from debris/clutter, displaying signs to warn people of uneven floors and elevation changes, ensuring bright lighting in parking lots and staircases, repairing broken/damaged tiles, replacing old flooring, etc.

The public can also be careful about wearing the right footwear, paying attention while walking, avoid distractions like listening to the radio or texting, being aware of the kind of floor, using a flashlight if it’s a dark area, taking more care while carrying or pushing things, etc.

When And Why You Need An Injury Lawyer?

When victims seek compensation for their injuries, the insurance company representing the property owner has to make the pay-outs. They may use several tactics to avoid making the payment being for-profit organizations. Typically, they may question the nature and extent of injuries, their impact on your life, whether you were in some way negligent or careless yourself and contributed to the accident. They may also delay or deny your claim on technical grounds.

Get the help of an injury lawyer to claim insurance. We can help you to understand your rights and entitlements in such cases and also safeguard your interests. These claims can be a complex mass of legal, medical and insurance issues.

As the Most Rated Lawyer in 2018 we have the experience, knowledge and expertise to deal with a variety of such claims. Though every case is unique, the laws are clear on victim rights and compensation. We ensure that a robust claim is filed, backed by strong evidence and documentation, expert/witness testimony, employment records, maintenance records, camera footage if available etc. We make sure that the paperwork is filed within the stated deadlines and at the right venue/jurisdiction.

This leaves you and your family free to focus on your recovery and getting your life back on track.

Accident Hot Spots On Ontario Highways

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Recent reports released by the Ministry of Transportation of Ontario have been alarming. More than 14 accidents have already been reported on Highway 138 as of April 2018. This highway is an important link between 401 and 417 and has heavy traffic. There are several points along this route that are hazardous and where serious accidents have taken place.

Motor-vehicle accidents happen for various reasons, but not all of them are truly accidental. They are mainly caused by someone’s fault or negligence. Drunken or drug-impaired driving, speeding, aggressive or distracted driving, inexperienced or aged drivers, failing to notice or obey warning signs etc are some of the main reasons. Unfortunately, the injured victims in such cases and their families stand to bear enormous physical, financial and emotional consequences. Loss of income and wages, medical and rehabilitation expenses and the prolonged experience of pain and suffering take a heavy toll. Victims are entitled to seek compensation through statutory no-fault benefits or they can institute a personal injury claim against the at-fault party. There may be multiple parties involved in such cases and it may be difficult to establish the correct chain of responsibility. Insurance companies who must make the payments may not act in good faith – they may deny/dismiss/dispute/delay your claim. They may also try to fob you off with meager settlements that do not take care of your present and future needs.

An experienced Toronto personal injury lawyer with experience in handling such cases can help you to safeguard your rights and achieve the compensation you rightfully deserve.

Bicycle Accidents Impact Your Life

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Toronto personal injury lawyers Singh Barristers offer timely help for cyclists injured in motor-vehicle accidents. We understand that besides pedestrians, bicycle riders are among the most vulnerable of road users. Under Ontario’s Highway Traffic Act, they are treated on par with pedestrians, which means that they enjoy right of way. However, not all motorists respect these rights. Though cyclists may ensure that they use all the available safety gear like helmets, reflective clothing, knee guards etc and follow traffic rules meticulously, when their bicycles collide with a larger vehicle like a car or truck, it’s they who sustain the maximum injuries. Traumatic brain injury, spinal and back injuries, internal bleeding and organ damage, neck injuries, facial and dental damage, amputation etc are some of the possible injuries that cyclists suffer.  Apart from physical injuries, such accidents cause a range of financial and emotional losses too. If you or a dear one has been injured in such an accident, get emergency medical help immediately, no matter how minor you feel your injuries are.

Once this has been taken care of, contact our experienced and dedicated bicycle accident lawyers without delay. Apart from statutory benefits available through your own insurance coverage, you are also entitled to seek full compensation from those whose negligence or fault caused the collision. We have the experience, expertise and knowledge to help you and your family through this crisis. Our dedicated legal team can safeguard your rights and ensure that you get the best medical treatment. We also have the financial resources to help you tide over the difficult times. Speak to a Toronto personal injury lawyer at Singh Barristers now.

Delayed Head Injury Symptoms: What Should You Do?

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Accidents can result in a variety of injuries. These may range from simple cuts, bruises, lacerations, sprains etc to broken bones, traumatic brain injury, amputation, disfigurement or even death. In some cases, the person may feel that they have escaped without a scratch. After a gap of time, there may be certain changes that cause concern. Sometimes the injured person may not notice them, but friends, family or co-workers may recognize the changes. Investigations could reveal serious brain injuries that prevent the person from working and earning a living, but insurance companies may deny or dispute your claim.

In the case of motor-vehicle accidents, a statute of limitations exists within which claims can be pursued. The accident has to be reported immediately or within 24 hours if the police did not arrive. Your own insurance-company should be informed within 7 working days. The at-fault party/parties have to be notified within 120 working days and a suit must be filed within two years. There are time limits to pursue appeals if claims are denied. If you suffered head injuries following a slip and fall accident in a public place, the municipality has to be informed within 10 days of the accident. Instituting a personal injury suit has to be done within two years. There are different rules for disability claims and death. Ensure that you get immediate medical treatment and follow all instructions carefully. Get as many details about the accidents and witnesses as possible. Toronto personal injury lawyer can help you get the compensation you rightfully deserve and also protect your rights.

It’s Important To Hire The Right Kind Of Personal Injury Lawyer

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When you need help with pursuing a compensation claim or filing a personal injury suit against at-fault parties responsible for the accident that caused your injuries, contact the right professional.

To put it simply, when you have a problem with your teeth, you would consult a dentist and not a dermatologist or psychologist. There are many law-firms and lawyers who consult across different specialities, but the smartest thing to do is to find a personal injury lawyer who has experience, success and expertise in handling cases like yours. For instance, if you’ve suffered a slip and fall injury on municipal property, or your injuries were caused in a truck accident, look for a professionally qualified personal injury lawyer who has a proven successful track record in these type of cases. For the law-firm too, it’s not worth the trouble and effort to take on a case in which they don’t have the experience or expertise. That is why many of them are selective about the cases they choose to work on. When you walk in for a free, initial, no-obligations consultation, we can provide you with a genuine assessment of the case and whether we can handle it for you or not.

These cases involve many complex medical, legal and insurance issues. The laws, rules and regulations constantly change and there may be changes in the paperwork, filing dates, etc that have to be adhered to. Only someone who deals regularly with your type of claim can provide the right kind of assistance, advice and advocacy.

Keep Your Motorcycle In Top Condition: It Could Save Your Life

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Brampton personal injury lawyers offer vital tips for motorcycle riders. Getting a new bike is always a huge thrill and it’s common for new owners to take great care of their brand new set of wheels. However, with time, they take their vehicles for granted, or they don’t seem to find the time for regular maintenance. And that’s where the danger lies.

Bike riding needs your 100% alertness and concentration. You can’t afford to take your eyes off the road even for a second. Bike riders like cyclists and pedestrians are the most vulnerable of road-users. There’s zero barrier against impact forces in a collision and accidents usually result in serious injuries.

Keep your bike in good condition to protect yourself when danger threatens. Follow these tips for your own safety:

  • Ensure that your tire pressure is correct
  • Inspect your tires regularly for wear and tear, damage or uneven tread, cuts, punctures etc. Sometimes, nails get embedded in the tire and result in slow release of air
  • All the manual controls like pedals, levers and light-switches, ignition etc should be working well
  • Front and rear brakes should be in perfect condition – never risk riding with faulty brakes
  • Clean your mirrors and keep them properly adjusted for optimum viewing. If you lend your bike to someone, get your own mirror placement back when it’s returned
  • Fuel and oil levels should be optimal
  • If your bike stand has weak springs, it can be a hazard when you’re doing turns

Speak to a Brampton personal injury lawyer at Singh Barristers if you’re injured in a collision. You may be entitled to compensation.

Pedestrian Accidents Can Cause Serious Injuries

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Personal injury lawyers in Brampton, Singh Barristers are open 24×7 to take your calls for accident emergencies. We know that pedestrian-motorist collisions can happen at any time to anyone and anywhere. While it takes only a split second to occur, these events often change the injured person’s life in significant ways. They also affect the entire family due to the enormous physical, financial and emotional consequences.

Pedestrians can suffer a range of injuries, many of them serious and life-threatening. Since they have no barrier against the forces of impact, their entire bodies are vulnerable. The most common injuries suffered are head, neck and back injuries, fractures and broken bones, facial and dental damage, disfigurement, amputation, disability or even death. Blood loss, internal organ damage, wounds, cuts and lacerations are other types of injuries. It may take months or even years to fully recover. Under Ontario laws, those injured in a motor-vehicle collision are entitled to statutory benefits available under their own insurance policies. They’re also entitled to file a personal injury suit against those whose fault or negligence caused the accident.

Unfortunately, insurance companies who have to make the settlement payments don’t always act in good faith. They may deny, dismiss, delay or dispute your claim. They may use a variety of tactics to avoid making full payment or any payment at all.  Speak to a Brampton personal injury lawyer at Singh Barristers immediately so that your rights and entitlements are safeguarded while we help you to get the compensation you deserve.

Safety tips for Motorcycle Riders

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Toronto personal injury lawyers Singh Barristers have important tips for safe motorcycle riding. Whether you’re an experienced rider or a newbie, accidents can happy to anyone, anywhere and at any time. Though they’re termed “accidents” these disasters are rarely “accidental.” They are usually the result of someone’s fault or negligence. That’s why it’s important to ensure that the mistakes and errors are not yours. Studies show that car-drivers are at fault in 60% of such accidents. Talk to an accident injury lawyer immediately. You may be entitled to compensation.

Motorcycle riding is governed by the Highway Traffic Act and the vehicle is defined as a self-propelled that has a seat/saddle and is designed to travel with not more than three wheels in contact with the ground. The motorcycle must be registered with the Ministry of Transportation, have a valid license plate and the rider must have/carry a license to ride it. Riders must also carry valid insurance and registration card while riding. While a motorcycle ride is thrilling and exciting, you need to be aware of safety precautions:

  • Ride only bikes that you can handle
  • Newbies should take a motorcycle safety riding course
  • Always wear a full-face, Department of Safety approved helmet and good-quality safety-gear
  • Bikers must practice defensive driving
  • Avoid bad-weather rides
  • Wear bright colors/reflective clothing
  • Stay alert and watch other road-users especially at intersections
  • Check for blind-spots and indicate your intentions clearly
  • Avoid distractions like music, taking calls etc

Toronto personal injury lawyers Singh Barristers are open 24×7 to take your calls in accident emergencies.

Severely Injured Persons Are Unable To Make Decisions: Your Accident Claim

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When catastrophic accidents happen and people are critically injured, they may be unable to make decisions regarding their legal rights and entitlements. However, they need funding to finance their medical and rehabilitation expenses, replace lost income and wages and compensate their families who are dependent on them. Initially, a family-member can represent the injured person, but afterwards, in such cases, a litigation guardian can be appointed to represent the victim and ensure that their rights are protected. When there is such a party who cannot represent himself or herself in the decision making process, the litigation guardian can do so. Litigation guardians don’t have to be lawyers. They are either family-members, friends or a trusted person, including lawyers, who can represent the person who cannot advocate their own cause.

If a litigation guardian is not appointed, it can result in the rights and interests of the injured person, child or person with mental disabilities being jeopardized. Without the presence of such a person, there could be unnecessary delays in pursuing a compensation claim. The Rules of Civil Procedure in Ontario deem that disabled persons cannot act for themselves – This refers to seriously injured people, children under 18 or persons with mental disabilities. Such persons may not be capable of making decisions regarding property, or property management, personal care, etc. Our experienced Brampton personal injury lawyers can ensure that litigation guardians are appointed, capacity assessments are undertaken and a robust claim is presented to get you the compensation you rightfully deserve.

Sports Injuries: Establishing Liability

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Canada is a country where people enjoy and love to participate in a variety of outdoor activities and sports. Whether it’s summer or winter, there are a number of facilities where people can compete, take part and keep themselves fit. The top sports that Canadians whether young or old enjoy are cycling, riding ATVs (all-terrain vehicles), skiing and snowboarding, playing in local or school playgrounds, hockey, football, rugby, skating etc. Other niche sports like animal-riding, motor-vehicle racing etc are also popular. Statistics show that cycling is the top sport that causes injuries that need hospitalization. ATVs and skiing follow next, while other sports cause fewer injuries.

Whatever the nature of sport, if you are injured due to someone else’s fault or negligence, you are entitled to seek compensation. These cases are challenging because there is a legal “assumption of risk” or in other words, you engage in the sport knowing fully well that there are risks involved. When you’re injured, an experienced Brampton personal injury lawyer can conduct independent investigations into the circumstances to establish who exactly was negligent or at fault in causing the accident and injury. This could be a person, an institution, corporation or organization or many parties together. We can help you put a robust claim together showing how exactly this person or entity’s carelessness or fault caused the accident. Intentional acts, recklessness, negligent coaching, defective products, etc can be the reasons. Contact Brampton personal injury lawyer now for a genuine, swift and comprehensive evaluation of the circumstances and a free consultation to help you take the claim forward.

Staying Safe On City Streets

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Toronto personal injury lawyers Singh Barristers care about your safety as a pedestrian. We know how vulnerable you are on the road and no matter how careful you are, you could be the victim of a distracted, speeding or aggressive driver. Following rules laid down for pedestrians in Toronto can help you to stay safe. Toronto police traffic services offer important tips:

  • Use the crosswalks These are designated and signalized spots for safe crossing
  • Dress the part: Wear something bright during the day and reflective at night. This enables you to remain visible
  • Avoid plugging in your iPod or talking/texting while walking. You need to stay 100% alert
  • Ear muffs and hoodies can deter your vision and hearing
  • While crossing at intersections and crosswalks stay alert for the rogue driver
  • When weather conditions are bad, drivers may not be able to brake in time so don’t take chances

Apart from these tips, there are other factors to keep in mind to ensure that you and your family remain safe.

  • Kids are difficult to spot and their judgment is not as accurate as an adult’s, so keep them safe while crossing
  • Make family rules that have to be followed by the whole family whenever they’re out walking. Follow all rules carefully yourself so that your children have the right role model
  • If there are no sidewalks, walk facing oncoming traffic

Speak to Toronto personal injury lawyers Singh Barristers without delay if you’ve been injured in a pedestrian accident. We can help you get the compensation you deserve.

When Accident Benefits Are Delayed: Car Accident Claims

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Insurance companies are required to pay out certain moneys to those injured in accidents. This may be under the category of statutory benefits regardless of fault, or as a result of a personal injury suit. Following such accidents, injured victims and their families become dependent on such payments if they have no other source of income and/or the injured person was the sole/substantial breadwinner in the family. Sometimes these payments are delayed, or your claim is disputed. Whatever the reason, it’s important to contact an experienced personal injury lawyer without delay.

We can conduct inquiries on your behalf and discover the reason why your payments are not being made. For instance, if there is miscommunication between you and the insurance company, you have not answered their mails or your address is different from the one given on the policy, it’s a matter of setting the record straight. In other cases, the required paperwork may not be in order. What victims may fail to understand is that insurance-companies are for-profit organizations that focus on protecting their own business interests. They may conduct their own independent investigations and come up with certain information that contradicts your claim. Their own medical experts may provide them with information that doesn’t support your claims. Claims-adjusters conduct personal surveillance, talk to employers, neighbors, co-workers, friends, family etc and check social media for information on you and this could result in denial of claims. Toronto personal injury lawyers can help you to contest the insurance company’s stand and also go on appeal if necessary.

Should I Accept An Out-Of-Court Settlement for My Car Accident Claim?

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Most accident victims who institute a claim for compensation when they have been injured in car accidents face this situation. The insurance company that has to make the settlement payout makes an offer that seems attractive at first glance.

It’s important to understand that insurance-companies are for-profit organizations that are focused on protecting their own business interests. Hence, any offer that comes from them should be thoroughly discussed and analyzed with an experienced personal injury lawyer before you sign on the dotted line.

Expensive medical treatment, loss of income, difficult to sustain household maintenance and the stress caused by accidents makes people and their families vulnerable. The immediate relief that victims and families get with a swift if meager settlement is undeniable. Court processes can be challenging, unpredictable and lengthy. Many people prefer to “get on with their lives.” Settlement also ensures your privacy and confidentiality as your private matters don’t become a matter of public record. Another reason to prefer settlement is that it’s a fact that 95% of personal injury claims are settled out-of-court. Unless you’re determined to have your “day in court” or it’s a matter of social/ethical/national importance, settlement is a good option.

However, as your personal injury lawyers will advise, the fact that the insurance-company has come forward could mean that it’s a tacit admission of fault. Courts may award very large settlements. If your personal injury lawyer advises, it’s best not to grab the first offer that you get. Negotiation, mediation and arbitration could yield better results.

Safe Texting Zones: A Boon To Drivers and Pedestrians

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Distracted driving is fast becoming a top reason for motor-vehicle accidents in Ontario. Drivers and pedestrians who take their eyes off the road even for a few seconds to check their phones can cause serious accidents. Distractions also include reading and replying to text and social media messages, checking email or GPS, glancing away from the road when a co-passenger shows you a text message, photo etc on their phones, etc.

According to the Ministry of Transportation, using smartphones, gaming devices, computers, tablets, MPS3 players, etc are the electronic devices that are on the prohibited list while driving. Currently, there is a $1000 fine and up to 3 demerit points for using the phone while driving. Penalties are based on the driver’s previous record.

Unfortunately, this doesn’t seem to deter drivers as the rate of distracted driving incidents appears to be on the increase. Rather than imposing more and harsher penalties, the Ministry proposes to designate areas like parking lots, rest stops and transit areas as Safe Texting Zones and put up signs indicating where the nearest text zone lies along highways and arterial roads. This would hopefully encourage people to defer checking their phones/devices immediately and wait till they reach the safe zone.  New York has tried this experiment with good results. If you or a dear one has been injured in an accident caused by a distracted driver, contact an experienced car accident lawyer or personal injury lawyer with expertise in handling similar claims. You may be entitled to compensation.

I’m Worried About Hiring A Personal Injury Lawyer: Car Accident Claim

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Unfortunately, the general impression about personal injury lawyers or any kind of lawyers is not a very positive one. Most people’s assumptions and opinions about this professional are received from media reports, television shows, movies, sensational trials etc. Members of the profession may be seen as greedy, avaricious or untrustworthy. Such unflattering portrayals are rarely genuine or fair. The reality is that a vast majority of personal injury lawyers are competent, hard-working, ethical, compassionate and socially conscious professionals.

When you’re involved in a serious accident and have suffered life-changing injuries, you are entitled to seek compensation from those responsible for the accident. However, the insurance-companies who have to make the settlements don’t always act in good faith. They may use different technicalities and tactics to deny/dispute/dismiss/delay your claims. We can help you present a robust claim that ensures you receive all your just entitlements to cover present and future needs.

While selecting the right personal injury lawyers, personal recommendations from trusted sources are your best bet. Your family doctor or lawyer, family-members who have used these services before, trusted co-workers, your HR department at work or your company lawyer are good sources of information. Ensure  that you check their credentials, get references from former clients, check on-line reviews, reputation and track record, check their experience in dealing with cases similar to yours, ethical and philosophical values, professional qualifications, publications and lectures given, social media profile, website etc. Avoid picking a name out of the Yellow Pages or responding to TV ads.

Death of A Family-Member in a Car Accident: What Are My Rights?

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When serious accidents happen and people are killed, the effects can be devastating on the entire family. Under Ontario’s Family Law Act, family members are entitled to seek compensation under certain categories. Those eligible include spouse, common-law spouse, parents, children, siblings, grandparents and grandchildren. The claimant did not have to be financially dependent on the deceased to claim compensation. However, in Canadian law, the estate of the deceased person does not have a right to make a claim as is possible under American laws.

Family-Members can claim loss of care, guidance and companionship that they would have got from the deceased, loss of financial contribution to the family, cessation of household activities, chores and help, funeral and burial expenses, out-of-pocket expenses, value of expenses for nursing, housekeeping, and other eligible categories.

The claim is subject to statute of limitations guidelines and must be filed within 2 years of the demise. However, under the Family Law Act, there is no compensation available for grief, mental anguish, pain and suffering that follows the death of a beloved family member. Instead, you can apply for non-pecuniary losses mentioned earlier. There are certain guidelines followed by courts while granting such settlements. These include age, mental and physical condition of claimant, whether they lived in the same address, and if not, what was the frequency of visits, degree and intimacy of relationship, joint life expectancy of claimant and deceased and how long the relationship may have continued. An experienced personal injury lawyer can help you get the compensation you rightfully deserve.

Car Accident Claims: Call The Police Immediately

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Recent studies show that nearly 60,000 people suffer from injuries of different types in Ontario annually as a result of car accidents. Some of these accidents result in the death of drivers, passengers and pedestrians, while in others, people suffer a range of injuries. Whatever the nature and extent of injury, it’s important to seek immediate medical attention from a qualified medical professional.

Another very important step to take is to inform the police right away. You or others with you may assume that the injuries and damage are minor, but in order to claim accident benefits, the police have to be informed. Ontario laws specify that injuries and damage to vehicles that are estimated to be $2000 or more have to be reported to the police. However, it’s not easy to estimate what exactly the extent of injury may be at first glance. Some injuries appear minor initially, but turn out to be serious at a later stage. If you have not filed a police or traffic report on the collision, it’s difficult to prove to insurance claims adjusters that your injury was directly caused by the accident.

If you can take photographs of the accident scene, with exact time and date stamp, that show the location, damage and injuries, position of the vehicles, with important landmarks nearby, these are important pieces of evidence. Contact an experienced car accident lawyer to help you with the process of achieving compensation. We can ensure that your rights and interests are fully protected.

Aggressive Driving Is On The Increase: Your Car Accident Compensation Claim

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A recent study involving 12,000 Ontario motor-vehicle drivers showed an alarming correlation between an aggressive style of driving and possibility of accidents. The drivers were given a series of questions to answer and their replies provide important clues to the cause of accidents.

More than 30% of those who took the survey admitted that they experienced short bursts of rage while driving. They reported that they had indulged in cursing, screaming and displaying offensive gestures to other road users. Though this behavior may seem insignificant, psychologists find that it is as distracting as texting while driving in terms of the way it affects a person’s driving habits. Aggression while driving can have almost the same effect as being impaired by marijuana or other narcotics, since it may create the same level of altered consciousness and judgment. As a result, such behavior can just as easily cause an accident as using a phone or briefly taking your eyes off the road. More than 200 Ontarians admit they felt such intense rage that they were willing to risk getting into a collision or injure another person.

Aggressive behavior includes improper following, speeding, failing to yield, not paying attention to weather or traffic conditions, improper passing, risky driving maneuvers, etc. If you or a dear one has been injured in an accident caused by an aggressive driver, contact an experienced personal injury lawyer immediately. You may be entitled to compensation. We can help you to put together a robust claim backed by evidence of aggression while driving.

You May Need Professional Case Management Help: Your Catastrophic Injury Claim

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If you or a dear one has suffered catastrophic injuries in an accident, it can result in long-term or permanent disabilities. This means you will need to address the physical, financial and emotional consequences that impact not only injured victims but also their families.

The patient has to get the right medical treatment, make the best possible recovery and also ensure that they are able to earn some kind of living to support themselves to a bigger or smaller extent. This entails filing for compensation from those responsible for your accident, ensuring that you get all the benefits and entitlements that you are eligible for and also get your life back on track as far as possible. To help with this, you need the advice, assistance and advocacy of an experienced personal injury lawyer.

Another professional who may be appointed by insurance-companies is a professional case manager. They should be involved from within the first 24 hours of the accidents for best results. This helps to maintain communication-lines between patient, family, care-giver, health-care professionals, insurers, etc. It also ensures that the most cost-effective care appropriate to the injuries is provided. The case manager helps with planning for hospital discharge, communicating with hospital staff and nursing teams, coordination with multi-disciplinary care, community and home-based reintegration, return to work or school, evaluations, tests and follow-up. In case of permanent disability, this involves home-health, lifetime-planning etc. The case manager is paid by the insurance-companies but the victim has a choice on the appointment of this person.

Avoid Talking To At-Fault Party Insurers or Representatives: Your Car Accident Claim

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When car accidents happen, the primary focus remains on ensuring that injured people get prompt medical attention. Following this, there are several events that take precedence, like dealing with the financial, physical and emotional crisis, etc. Most people assume that their insurance company will take care of the compensation aspects. In fact, they are duty bound by contract to do so. However, in reality, being for-profit organizations, they tend to put their own business interests ahead of their clients’.

When the insurance company is informed about an accident, they immediately begin an investigation into the circumstances. This is mainly to confirm that the facts as claimed are true. A claims-adjuster is assigned to your case and this person’s loyalty is firmly towards his/her employer: the insurance company. Hence, they may adopt various tactics to dispute, delay, deny or dismiss your claim. Since there are several complex legal, medical and insurance issues involved, it’s difficult for victims to work through these and get all the benefits they’re entitled to.

Claims-adjusters may pose as your friendly, helpful agents, but it’s important never to give a recorded statement, make inadvertent remarks that assign some part of the fault to yourself, apologize, give permissions to access private, confidential, medical, personal and employment information, etc. Insurance companies may also undertake surveillance, investigate your social media profiles, talk to your employers/friends/family/neighbors etc in search of any contradictions in your claim. Contact an experienced personal injury lawyer without delay to represent you in all communications so that your interests and rights are well protected.

Your Accident Injury Claims: Be Alert While Talking To Your Doctor

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Insurance companies have to compensate injured persons for income-loss, medical and rehabilitation expenses, disability, death, pain and suffering, care-giver expenses etc based on the contract signed with the insured person. However, they may not act in good faith because they are focused on protecting their own business interests. Hence they may dispute or deny your claim based on various technical aspects.

A vital aspect is the medical testimony of your treating doctor. It’s crucial to seek immediate medical attention if you or a loved one has been involved in an accident. You may assume that your injuries are minor or that you’re completely unhurt. However, from a medical, legal and insurance point of view, it’s important to consult a doctor and leave a paper-trail. Otherwise it’s difficult to establish the connection between injury and accident.

Be completely frank in disclosing health status, habits, medical history, circumstances of the accident etc to your doctor. Never discuss legal concerns with your doctor. You could create a negative bias. Follow medical prescriptions/orders strictly and don’t miss appointments. Tell your doctor about all your symptoms including pain, emotional state, changes etc. without exaggeration. If you’re unable to work because of injuries/pain/disability/depression/anxiety, ensure that this goes on your medical record. Don’t forget to maintain an accident and medical journal to record each and every incident, report, test, diagnosis, treatment, medication, conversation etc related to your injuries.

An experienced personal injury lawyer team can help you get the best medical treatment available and also ensure that your rights and entitlements are safeguarded.

You May Need An MRI Scan After Your Accident

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If you or a loved one has suffered life-threatening injuries following a catastrophic accident, it’s important to get the best possible medical diagnosis, treatment and rehabilitation to help you recover. No matter how minor you assume your injuries to be, visit a qualified doctor immediately and take all the tests recommended. Some injuries may appear minor initially, but turn out to be very serious later.

Accidents are rarely accidental. They’re usually caused by someone’s fault or negligence. Victims are entitled to seek compensation for their injuries and losses from those responsible for the accident. They can file a personal injury suit against the at-fault party with help from an experienced accident injury lawyer.

Your doctor may recommend taking an MRI (magnetic resonance imaging) scan to identify/rule-out brain/spine damage, internal organ damage, brain/heart abnormalities, back, neck and face injuries etc. However, MRI scans are expensive and in general insurance-companies don’t entertain recovery claims for these. They are for-profit organizations and are focused on protecting their own business interests. They may deny or dispute your claim saying such a test was unnecessary or suggest that this is a fraudulent claim. In reality, such tests help to identify, locate and manage the problem and assist the doctor in providing the correct treatment.

However, an experienced personal injury lawyer who has in-depth knowledge of the complex medical, legal and insurance issues involved can help you to get compensation for all the required tests, treatments and rehabilitation procedures that your doctor recommends. We ensure that your rights are fully protected.

How To Select The Right Personal Injury Lawyer?

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If you or a dear one has been injured in an accident that was caused by someone else’s fault or negligence, contact an experienced personal injury lawyer without delay. You may be entitled to compensation for your income/wage loss, medical and rehabilitation expenses and pain and suffering if you fulfill the eligibility criteria and if your claim is deemed to be valid.

Having the right personal injury lawyer to advise, assist and advocate for you can help you to achieve a successful outcome. While selecting a personal injury lawyer, get recommendations from trusted sources – family, friends, your doctor, family lawyer etc. You can also get information from legal directories, local bar associations and from personal injury lawyers’ websites. Ensure that you provide complete information about your case. First consultations are usually free, so you have the opportunity to voice your concerns, ask questions and gauge how comfortable you feel with the person.

Ensure that the law-firm and lawyer have the necessary licenses, qualifications, training and experience to handle cases similar to yours. Check their credentials independently on reputed peer review organizations like Lexpert, Best Lawyers in Canada etc. They should be members of bodies like the Ontario Association of Trial Lawyers. Look for on-line reviews, peer reviews, media reports etc and talk to former clients if possible. Get information about their philosophy/ethics, whether the lawyer has published articles/books. The firm should have the financial resources to pursue your claim and also have good contacts in health-care to help you get the best medical help and testimony.

Cornwall Personal Injury Lawyers: How To Apply For Accident Benefits

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Ontario residents are entitled to apply for accident benefits if they have suffered financial losses as a result of injuries sustained in motor-vehicle accidents. These benefits are available in their own automobile insurance policy.

Known as the SABS (Statutory Accident Benefits Scheme) these benefits are provided regardless of fault. It includes drivers, pedestrians, cyclists, motor-cyclists who can all apply for benefits even if the other party in the collision was at fault. If you don’t have insurance, you can apply against the coverage of your immediate family-members (parent, spouse etc).

However, achieving the compensation settlement can be an uphill task as there are several complex medical, legal and insurance issues involved.

We assume that our insurance company would release the funds without delay so that we can resume our normal lives as soon as possible. But insurance companies are for-profit organizations which focus on protecting their own business interests. Hence they may deny or dismiss your claim, or delay payments inordinately, citing technical reasons etc.

An experienced Cornwall personal injury lawyer who regularly handles such claims can provide the right information, advice and assistance in such matters.

Seeking Statutory Accident Benefits

SABS is governed by Ontario’s Insurance Act. It is intended to compensate those injured in motor-vehicle accidents for financial losses they have suffered as a result of their injuries.

Victims have to inform their insurer within seven days of the accident. The insurer then provides an Accident Benefits Application kit which has to be completed and returned within 30 days. It’s wise to keep a copy of the forms you have completed and submitted.

What Benefits Can Be Claimed?

The benefits that will be provided are based on the nature and extent of your injuries and their impact on your daily functioning. These include:

Non-earner benefits: These are available to someone who cannot carry on their normal functions, but is not eligible for income-replacement since they’re not employed. Full-time students or those who graduated a year earlier but still unemployed are eligible.

Income-replacement benefits: You are eligible to receive up to 70% of your gross weekly income, capped at $400 weekly. It’s available provided you can satisfactorily demonstrate that you’re unable to perform the functions as you did earlier. Additionally, you should have been employed continuously for at least 26 weeks previously and were receiving employment insurance benefits.

Caregiver benefits: If you are a primary caregiver to someone and have been living with the person in need of care, without being paid for this service, you may be eligible. You must prove that you’re unable to perform your caregiving functions.

Medical and rehabilitation benefits: Compensation is available for reimbursement of any reasonable expenditure incurred as a result of the accident. This may include ambulance, dental, optometric, chiropractic, hearing-aid, medication etc and rehabilitation benefits can include treatments and services like physiotherapy, occupational and vocational therapy etc. In certain cases, it could also cover home/workplace modifications, financial and psychological counseling etc.

If you’ve suffered catastrophic injuries, a different set of criteria may be applied.

Consult your experienced Cornwall personal injury lawyer without delay to receive the statutory benefits you’re entitled to.

Chatham Kent Personal Injury Lawyers: Getting Physiotherapy Services Following Car Accident Injuries

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Car accidents can leave a trail of destruction in their wake if you or a dear one has been seriously injured. The road to recovery can be a long and expensive one, and in many cases, it may not even lead to complete recovery.

Accidents are the result of someone’s fault or negligence. A moment’s inattention, one extra drink at a party, speeding, answering a phone call or typing out a quick response to a text message can lead to someone else’s life being altered irrevocably.

The injured are entitled to seek compensation. Ontario laws entitle all those injured in motor-vehicle accidents to receive statutory benefits from their own insurance companies. Additionally, they’re also entitled to claim compensation by filing a civil/personal injury suit against the at-fault party.

This is best done with the assistance, advice and advocacy of an experienced Chatham Kent personal injury lawyer.

Treatment Issues 

Benefits for motor-vehicle accident injuries are governed by Ontario’s Financial Services Commission (FSCO) and not by the Ministry for Health and Long-Term Care.

If you have been injured in a motor-vehicle accident, getting medical attention is of utmost importance. Some injuries may appear to be minor at that time, but could turn out to be much worse if they’re left undiagnosed or untreated. Whiplash injuries are typical examples of this. Many victims don’t realize that they’ve suffered injuries till a few days have passed. Stiffness, numbness, blurred vision, ringing in the ears, memory/concentration problems, fatigue, sleep disturbances etc are some of the common symptoms of whiplash.

Such injuries require extended physiotherapy and other ongoing treatments for complete recovery, relief from pain and restoration of mobility and function. Treatments include ice and heat applications, cervical support, gentle mobility, electrical stimulation, acupuncture, pain-killers and anti-inflammatory drugs.

Unfortunately, Ontario’s funding system for physiotherapy is one of the most complicated in Canada, according to Dr. M Landry, Dept of Physical therapy, University of Toronto. There are different agencies which have to be approached, your eligibility under these has to be determined and finally the funds have to be released when they’re really required.

Our experienced Chatham Kent personal injury lawyers can help you with the complex paperwork and the difficult legal, medical and insurance issues involved.

The Role Of Insurers

The accident must be reported immediately to your insurance company. There are two types of claims-adjusters who will handle your case: One for the vehicle damage and one for your injuries. As a result of the accident, if you have been injured, this must be indicated in your report. Following this, an accident claims adjuster and claim number will be assigned to you.

This allows the physiotherapy clinic to co-ordinate your treatment with your doctor and your insurer.

Physiotherapists are deemed to be primary health care providers in Ontario and a physician referral is not strictly necessary, but it may be so under certain health care plans.

Your Chatham Kent personal injury lawyer can help you understand these aspects better so that you get the best possible treatment and get your life back on track again.