In legal terms, accidents are rarely “accidental.” They’re generally caused by someone’s fault or negligence and with a deeper level of investigation, they can be traced to a violation or breach of safety norms.

Ontario laws entitle all those injured in motor-vehicle accidents to apply for no-fault insurance, payable by their own insurers. This is deemed to be regardless of fault.

However, the entire system is complex and rife with complicated legal, medical and insurance issues. Many lawyers themselves may find it difficult to understand the provisions of the No-Fault insurance system, unless they practice personal injury law and have experience in dealing with such cases, either as plaintiffs’ or defendants’ lawyers.

Insurance companies and claims-adjusters are well-versed with the regulations, amendments, revocations etc in the Statutory Accident Benefits Schedule (SABS) but these can pose a challenge for those unfamiliar with such issues.

Important Aspects of No-Fault Insurance

• You are eligible for No-fault insurance provided there is no policy breach
• It is payable by your own insurer, regardless of whose fault it was, even your own
• If the injured person did not carry insurance at the time of the accident, another insurer may be duty-bound to honor the claim, failing which the Ontario Motor-vehicle Accident Claims Fund must make the settlement
• No-Fault benefits provide coverage for income-replacement, out-of-pocket expenses, medical and rehabilitation expenses, attendant care and non-earner benefits
• It does not cover pain and suffering – this has to be achieved through filing a tort or personal injury suit against the at-fault party
• Tort claims for pain and suffering have to meet a “minimum threshold” and are subject to deductibles
• In a court trial, the jury is not aware of such deductibles

Some Tips On Submitting the Paperwork

It’s important to remember that there are specified time-limits within which the paperwork must be submitted to get No-Fault insurance benefits. Hence, it’s wise to consult a Bolton personal injury lawyer immediately. If you’re seriously injured or immobilized, a trusted family-member can assist you in getting the right legal advice.

• Don’t wait for your insurer to send you the SABS package. You can download the forms from the Financial Services Commission of Ontario website
• There are different forms for different types of claims, for instance, the Non-earner benefit or Income replacement benefits, etc and you may need the help of an experienced Belleville personal injury lawyer to help you fill them
• You need to attach all relevant receipts along with your claim. These include parking-lot fees, replacement of broken glasses/dentures, damaged clothing, out-of-pocket expenses etc.
• Be completely honest while filling forms. Don’t exaggerate your injuries, or give information that cannot be validated in the sections that ask you about how the accident happened. If you’re unsure of technical/legal/medical terms, don’t use them
• Submit the paperwork as soon as possible, but preferably only after your experienced Bolton car accident lawyer has gone through them.

No-Fault benefits may not cover all your present and future medical and financial needs. Hence, it’s also important to file a personal injury suit, within the prescribed time limit.

When accidents happen and people are injured due to no fault of their own, they’re well advised to consult a personal injury lawyer. Accidents happen out of the blue but their consequences can have a devastating impact on not just the injured victim but often on his/her family too.

Mishaps like slip and fall accidents occur because of someone else’s fault or negligence. Those responsible for the maintenance of premises and property under their control have a duty to ensure that visitors remain safe. Injured victims are entitled to seek compensation for the losses they suffer.

Under Ontario laws, the Occupier’s Liability Act mandates that property owners have a duty to see that persons who legitimately enter the premises and their property are kept reasonably safe. Those who enter to commit a crime or trespassers are assumed to have willingly assumed the risks that may be present on the property that they choose to enter without permission.

Seeking compensation from property owners, whether private individuals, government/municipal bodies, large corporations etc can be challenging. If your injuries have caused you to be hospitalized, immobile, disabled etc it may not be possible for you to personally undertake the process of settlement with insurance companies, gather relevant evidence, conduct negotiations, complete the paperwork accurate and within the prescribed deadlines. An experienced Scarborough personal injury lawyer who regularly handles such cases can provide the right advice and assistance.

Hiring The Right Personal Injury Lawyer

As with all fields today, personal injury law is also a highly specialized profession. Although the general study of civil law is undertaken by all qualified lawyers, they go on to pursue the area of law that best appeals to them, such as personal injury or tort law, divorce, wills and testaments, corporate law etc. Under personal injury law too, lawyers tend to gain expertise, knowledge and experience in one particular area such as slip and fall, motor-vehicle accident, dog-bite, defamation etc.

Hence, it’s important to select the right personal injury lawyer to enhance your chances of a successful outcome, by asking the right questions before finally hiring them.

You will need information on:

• How many cases exactly like or similar to this have you handled before?
• What’s your track record?
• How many settlements and how many have gone to trial?
• Who in the firm will handle my case?
• Will I be comfortable with this person?
• Do I have a valid claim?
• How long will the process take approximately?
• What damages can I claim?
• How much can I expect in terms of settlement?
• If the case cannot be settled out-of-court, can you take it to trial?
• What are the costs for out-of-court settlement and for trial?
• What is your fee structure? What percentage of settlement comprises your fee? Do you have a contingency fee arrangement? How do you charge expenses?

You will have to check their credentials, background and reputation thoroughly. Get all details down in writing, including fee structure and payment schedules. Scarborough personal injury lawyers can also assist you with getting medical and rehabilitation assistance and putting together a robust claim for compensation.

When you or a loved one has suffered serious injuries in a slip and fall accident, the physical, financial and emotional consequences that follow can have a devastating impact on yourself and your family.

Accidents are usually caused by someone’s fault or negligence. The Ontario Occupier’s Liability Act mandates that an owner/occupier of property “owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises and the property brought by those persons on the premises are reasonably safe while on the premises.”

An experienced Pickering personal injury lawyer can advise, assist and advocate for you in such cases, since you may be entitled to receive compensation.

Loss of income because of inability to continue working, medical and rehabilitation expenses, pain and suffering, expenses incurred by family-members due to your injuries and also the loss of  guidance, care and companionship that was previously being  provided by the injured person are some of the areas where you are entitled to seek compensation.

Claiming Compensation

It’s important to get yourself thoroughly examined by a qualified doctor immediately after you suffer a slip and fall accident. Besides health, this is important to establish the causal connection between your injuries and the accident.

Your experienced Pickering personal injury lawyer can help you put together a robust claim for compensation.

Settlement Vs Trial

Insurance-companies who make the settlement payouts may not always act in good faith. Being for-profit organizations at the end of the day, their focus would be on protecting their own business interests. Hence, they may delay, deny, dismiss or dispute your claim, or attempt to show that you were somehow partly responsible for the accident, thus reducing their own client’s liability.

Proving the chain of ownership and responsibility of the property, establishing the fault/negligence that caused the accident, fixing liability and demonstrating the impact of the injuries on your and your family’s life can be challenging.

Filing a personal injury suit against the at-fault party is one way of getting the compensation you deserve. However, more than 90% of personal injury claims in Canada are settled out-of-court, though the trial option remains open until the statute of limitations runs out.

• Trials can be expensive when you calculate lawyer’s fees, including travel and billable hours.

• Generally, a trial can take years to reach a verdict, following which there may be appeals etc.

• Cross-examinations, supplying proof, the adversarial process and procedures can be overwhelming.

• Compensation claims are made to restore your life to normalcy and reimburse you for the financial losses you’ve suffered. Trials can delay this.

• Your privacy can be severely compromised in a trial since everything becomes a matter of public record. Out-of-court settlements come with confidentiality agreements.

• The outcome in trials is unpredictable. You may not be awarded compensation at all if a jury/judge thinks your claim is invalid.

• However, if you sincerely believe that you need your day in court, or the insurance-company’s settlement is too meager and that the defendant should be penalized publicly, you may prefer a trial.

Your knowledgeable and experienced Pickering personal injury lawyer can assist you with analyzing and understanding each of these aspects.

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.

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.

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.

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.

Holiday Horror: Slip and Fall Accidents!

The worst thing that can happen on vacation is a slip or trip and fall accident. When it happens on board a cruise ship, that’s even more complicated as there are several medical, legal and insurance issues involved.

Apart from the sheer frustration and depression of becoming immobilized while on a long-planned break, injured victims also experience enormous physical, financial and emotional consequences.

These accidents are more common than we think on board cruise-ships and other sea-faring vessels. Slippery decks, narrow stairs, rolling movements of the ship, pool-side accidents, inadequate lighting, lack of warning signs or missing hand-rails etc can be the causes of serious accidents.

Additionally, cruise-ships are often the favored holiday modes for senior citizens. Falls can result in permanent immobility which often proves fatal for this age group.

The owners of the cruise-ship have a responsibility to ensure that passengers and guests are kept safe. Most accidents are caused by someone’s fault or negligence.

The injured are entitled to seek compensation to cover:

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

Additionally, they can also seek compensation for the expenses involved in employing a care-giver or attendant, modifications to home/work-place, loss of quality of life, etc if they are eligible to do so.

Monetary compensation can be sought from the at-fault party. An experienced

Cruise Ship Slip and Fall Accidents: Cambridge Personal Injury Lawyers Can Advise You

can assist you with the process of approaching the insurance company of the at-fault party and/or filing a personal injury suit against them.

Causes of Cruise-ship Slip And Fall Accidents 

The main reason why so many falls occur on cruise-ships is because the ship itself is not on solid ground and is subject to the rise and fall of waves, rolling motions of the ship, weather conditions etc. Maintaining balance even on calm waters can be challenging even for experienced sea travelers. Sudden changes in the ship’s stability and tilt can cause unwary passengers and crew to lose their balance and fall.

Common causes include:

• Rolling or tilting of ship
• Bad weather conditions
• Loose or improperly secured cargo and furniture
• Poor lighting
• Lack of reflective tape or markings
• Crowded stairwells and steps
• Slippery decks and poolsides
• Falling overboard after slipping on unstable surface or due to missing/broken hand-rails
• Freshly-polished/mopped floors
• Damaged/unanchored carpeting
• Cleaning products/equipment left unattended
• Food trays or luggage left in corridors
• Food and drink spillage in restaurant or bar areas
• Defective gym equipment

Apart from these accidents on board the cruise-ship, the management is also responsible for accidents that occur on tender vessels that ferry passengers to and fro, or while passengers go on shore for excursions conducted by the cruise line, as well as injuries sustained in such accidents inside their cabins and in gangways. 

Seeking Compensation

Information regarding liability is available at the rear portion of the ticket issued by the cruise-ship management/owner. Negligence  has to be proved in such cases and this means that compelling evidence of it must be provided along with your claim. Cambridge personal injury lawyers with specific experience and expertise in handling such cases can give the right information and assistance.

When a motor-vehicle accident (MVA) occurs, there is utter chaos and confusion all round. Whether it’s a fender-bender or one that causes catastrophic damage and injuries, the people involved experience a mixture of emotions – fear, anxiety, “fight or flight” impulses, pain, grief, shock, confusion etc.

Obviously, the priority in such a situation would be to get emergency medical care to the injured. The police and traffic authorities have to be informed and finally, the insurance companies need to come into the picture, since they have to pick up the costs.

Accidents, as experienced Hamilton personal injury lawyers who regularly deal with such situations know, are rarely “accidental.” They are the result of someone’s fault or negligence, and sometimes ignorance or deliberate flouting of safety norms. The injured are entitled to seek compensation for the various losses and injuries they have suffered and insurance companies usually are liable to make these compensation payments.

Seeking Compensation

Insurers, being for-profit enterprises, may not always act in good faith, they may dispute, deny or dismiss your claim on various technical grounds or attempt to minimize the nature and extent of your injuries and their client’s liability.

Ontario regulations mandate that any person injured in automobile accidents is entitled to claim statutory benefits from their own insurers. Additionally, victims can also file a personal injury suit against the at-fault party to claim damages.

Complex Issues and Procedures

When there is a dispute or the insurance company’s settlement is unsatisfactory, settlement becomes difficult. In such cases, a personal injury suit has to be filed. However, a vast majority of personal injury claims are settled out of court, without having to go through a trial process. Often, a notification of the intention to sue is given to expedite the negotiation process and show that you are indeed serious about achieving the desired compensation.

Negotiations and/or arbitration are first undertaken, which involve both sides presenting their side of the argument. Personal injury claims hinge on the concept of “negligence” hence,

• proof of fault/negligence
• establishment of liability
• proof of injury
• impact of such injury on the victim’s life

have to be clearly demonstrated for a claim to be successful.

Time Limitations

One of the major challenges in ensuring that a claim goes through smoothly is keeping within the prescribed time limits for filing. Ontario has strict rules governing the process and if notice of intention to sue is not provided to the at-fault party within the limits, you stand to lose your right to sue.

Ontario regulations include:

• Information about the accident must be provided to your insurance company within 7 days
• Accident benefits application must be completed within 30 days
• If benefits are denied, appeals/mediation/arbitration/suit has to be filed within two years
• Notice to sue the at-fault driver must be given within 120 days
• There is a two-year limit within which you have time to launch a suit

These and some other conditions have to be strictly followed. There are other complex medical, legal and insurance issues involved and an experienced Hamilton personal injury lawyer can provide the right assistance.