FAQ: What Questions Should I Ask My Brampton Personal Injury Lawyer?

When you have been injured in a car accident or a slip and fall accident, you may find that you face a financial and emotional crisis apart from the physical injuries that you have suffered. Serious injuries may require hospitalization, a series of operations and clinical treatments, different follow-up treatments and medication, physiotherapy, psychological counseling etc. All these are expensive and you may not have the financial resources to sustain them, especially since you’re unable to work. Being unemployed also means loss of family income, whole or contributory. These aspects can have a devastating impact on yourself and your family.

Under the law, accident victims are entitled to seek compensation and benefits available to them. You need help with your motor vehicle accident claim to ensure that your rights and entitlements are protected and that you get the best possible settlement to take care of your present and future needs. If you’ve suffered long-term or permanent disability, you need lifetime support and care. These are aspects that an experienced Brampton car accident lawyer or a Brampton slip and fall accident injury lawyer can help you with.

We Address Your Concerns And Answer Your Queries

Before you start the claims process, there may be several doubts in your mind. Brampton personal injury lawyers provide an initial, free, no-obligations consultation. This two-way interaction helps us to understand your circumstances, the nature and extent of your injuries and their impact on your life, the potential value of your claim and what strategies we can adopt for success. It helps clients by setting their minds at rest that we can provide them with the best advice, assistance and advocacy, protect their interests and safeguard their rights.

Let’s look at typical queries that clients may have:

Q: Do I have a valid claim?

A: Each case is unique. We base our assessment on the facts and circumstances of your individual case. Personal injury claims are hinged on:

  • proving fault or negligence of the at-fault party
  • evidence of injuries sustained in accidents caused by the negligence
  • losses caused by the injuries

We provide you with a genuine, swift and comprehensive assessment that allows you to decide what steps you need to take next.

Q: Do you have experience in handling such claims?

A: Like other professions, the law also has areas of specialization. Personal injury is a branch of civil law that deals with disputes and settlements. In this sector too, lawyers and law-firms tend to gain experience and expertise in certain areas like motor-vehicle accidents, slip and fall accidents, defective product, dog bite, long term disability claims, medical malpractice, wrongful death etc. Based on the circumstances of your case, you need to ask your personal injury lawyer about their experience, knowledge and expertise in handling cases similar to yours. You also need to know what our previous record in such cases has been.

Q: What are my chances of a successful outcome? How much will I get?

A: While it’s impossible to accurately predict success or the exact figure that will be settled on, from our experience with previous cases, we can offer an educated guesstimate. Ultimately, the success of a claim depends on the strength of evidence that’s presented. We can conduct independent investigations to help gather proof to back a robust claim. This includes accessing police and medical records, assembling testimony from experts and eyewitnesses, ensuring that all documentation is in order, making sure that paperwork is filed accurately and within the prescribed deadlines, protecting your rights and safeguarding your interests.

Q: Who will handle my claim?

A: This is a very important question. Many firms conduct initial meetings and consultations with senior partners. Later, your claim may be handed over to a junior lawyer or less experienced associates. Ensure that you get clarity on the lawyers who will handle your claim. We ensure that our experienced, knowledgeable lawyers handle your case. Establish a firm line of communication with them and insist on regular updates. This helps you to stay involved and informed and gives you a better chance of staying in control.

Q: How much will the entire process cost?

A: Most people are reluctant to get involved in the legal process because they think it’s going to be horrendously expensive, lengthy and unpredictable. Personal injury lawyers and law-firms take up cases on a contingency fee, No Win No Fee arrangement. This means that clients don’t pay any fees upfront. Unless your claim is successful, we don’t charge any fees and only bill you for expenses. Besides this, we can also help to fund your medical expenses and take soft loans to help meet household and caregiver expenses. When your claim is satisfactorily settled, these amounts can be adjusted against the final figure.

We advise clients to make a note of all the questions they have in mind before they meet us for a consultation to help them get clarity on all important aspects.

Has Your Long Term Disability Claim Been Denied?

Brampton personal injury lawyers Singh Barristers understand how devastating it is when your long term disability claim is denied by insurers. This can be overwhelming and depressing for the entire family. Dealing with the enormous physical, financial and emotional consequences of a serious accident that left you unable to work or enjoy life as you used to can be a totally unexpected bolt from the blue.

Though monetary compensation can never replace what you lost, it certainly makes life more comfortable for you and your dear ones. You can afford to get the professional care, medical attention and therapies you need, your family need not suffer from financial troubles due to lost income/wages and getting some help from an attendant or caregiver gives you and your family the badly needed respite. But when insurance companies deny, delay, dismiss or dispute your claim, you need help from an experienced long term disability lawyer. There are several complex medical, legal and insurance issues involved, huge amounts of paperwork and documentation, deadlines to be met and processes to be followed. Getting the right help leaves you free to concentrate on recovering your health and strength and remain in a peaceful, stress-free state of mind.

There are various reasons why claims are denied. Incomplete or inaccurately filled application forms, not filed in time, lack of medical evidence, not being under the proper care of the right doctor etc are some of the common reasons. Speak to a Brampton personal injury lawyer at Singh Barristers to help you get the compensation you rightly deserve.

How Long Term Disability Lawyers Can Help You?

Speak to a Toronto personal injury lawyer at Singh Barristers when you need advice, assistance and advocacy on your long term disability claim. This is a complex issue that involves several complicated medical, legal and insurance questions. Not all of us are qualified or well-informed about these matters and that is our weak point. Insurance companies may not always act in good faith when disability claims are made. They may delay, deny, dispute or dismiss your claim on various technical grounds. An experienced long term disability claims lawyer is your partner in getting the compensation you deserve.

We can help you to understand your insurance policy thoroughly. These documents are complicated and convoluted. Most of us sign them without truly understanding each and every clause. We can also help you to understand the issues contained in your claim denial letter. Once you’re informed, it allows you to make the right decisions and counter measures. Through this process, you get a better understanding of your rights and entitlements as an insured person.  We can advise you about all the available options, the strategies that can be adopted and the best possible response to such a denial. From our experience in regularly dealing with such cases, we can figure out how to bridge the gaps and ensure that you can give the insurers whatever documentation they need. If negotiations break down, we are prepared to help you fight for your rights. Speak to a Toronto personal injury lawyer at Singh Barristers right now.

Is There A Winning Formula For Successful Claims?

If you or a dear one has suffered serious injuries in a car accident or slip and fall accident, it can disrupt your life in many ways. Hospitalization, medical treatments, expensive medicines and drugs, rehabilitation and physiotherapy, etc are the methods to try to restore your physical health. All these cost money that may be a scarce resource now that you’re unable to work. If your family is dependent on your wages, it can make life very difficult for all of them. Apart from these physical and financial issues, people who survive accidents go through emotional trauma too. It may be in the form of survivor grief if your co-passengers were killed, depression, anxiety attacks, panic, sleep disturbances, dependence on drugs or alcohol, breakdown of relationships, mood changes etc.

Injured persons are entitled to compensation from those whose negligence or fault caused the accident. Hence, clients are anxious about whether their claim will be successful or not. There are no guarantees but in certain broad terms, if some conditions are fulfilled, it makes your chances for success brighter. Your injuries must be serious enough to cross the threshold for damages. The negligence/fault has to be established. You have to provide proof that the negligence caused the accident and that your injuries are a direct consequence of this particular accident. The impact of your injuries on your life and the losses you suffered have to be proven. As experienced Brampton personal injury lawyers, we understand that you will never be the same again after an accident, but compensation can make your life a bit more comfortable and secure.

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

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.

Staying Safe On City Streets

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.

Safe Texting Zones: A Boon To Drivers and Pedestrians

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

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.

I’m Suffering Mental Anguish After My Slip and Fall Accident: Claiming Compensation

Slip and fall accidents can happen to anyone at any time and in any location. While many of these result in a range of reasonably minor injuries like sprains, bruises or shallow wounds, others can result in serious head, neck and spine injuries, facial and dental damage, disfigurement, brain injuries, permanent disability or even death.

Whatever the nature of injury, it causes a disruption in the lives of victims and their families. Serious injuries can result in long term loss of income or wage earning capacity, high medical and rehabilitation expenses and care-giving costs. These aspects are immediately visible and the costs are easier to compute. However, the emotional aspect is a gray and largely ignored area that is equally critical to recovery and restoration of health. The after-effects of injury may last for a very long time in the form of psychological trauma. This may take the form of anxiety, sleep disturbances, depression, suicidal thoughts, fears and phobias, mood swings, aggressive behavior, drug or alcohol dependence etc.

Such mental anguish prevents the victim from leading a meaningful and responsible life. They affect the ability to work, sustain relationships or function in the manner in which they did prior to the accident. If you are experiencing any of these symptoms, it’s important to add them to your compensation claim. Our experienced personal injury lawyers can help you get the right treatment and also ensure that your rights and entitlements are fully protected while you are on the road to recovery.

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

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.

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

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.

Slip and Fall Injuries in School: Your Rights and Entitlements

It’s the duty of schools and school managements to ensure that children remain safe while they’re on the school premises. If your child has had a slip and fall accident and hurt themselves, get immediate medical attention, no matter how minor you think the injuries are. Once this has been done, contact an experienced personal injury lawyer. You may be entitled to compensation.

In many cases, the accident may have been caused by the school authorities’ fault or negligence. For example, causing dangerous situations to exist like wet, slippery floors, worn/frayed/loose carpeting, cracked tiles/flooring, damaged staircases, broken/missing handrails, cluttered hallways, potholes, uncleared snow and ice, badly-maintained equipment including desks and chairs, poor supervision etc. These injuries are different from sports injuries and can be directly linked to Ontario’s Occupier’s Liability Act. Serious consequences include concussion, traumatic brain injury, fractures and broken bones, dental and facial damage, internal organ damage/bleeding, loss of function, spinal cord/neck damage, amputation or even death. School bus and field trip accidents also come under this category.

As children are minors and under the guardianship of their parents, parents have the right to file compensation claims on their behalf. They need financial help to deal with medical and rehabilitation expenses. The child may also require an income to support life in case of severe/permanent disability. Such claims are governed by strict filing and notification time limits, format in which claims have to be made etc. Our slip and fall injury lawyers can help you deal with the complex medical, legal and insurance issues involved.

Ensure You File An Incident Report: Your Slip and Fall Accident Claim

Under Ontario’s Occupational Safety and Health Administration (OSHA) regulations, businesses and other public/government/municipal spaces owners have a duty to ensure the safety of all visitors. Slip and fall accidents are often caused by the fault or negligence of the owners for which they can be held liable for injuries and damages. However, in reality, owners and their insurance-companies may not cooperate or act in good faith when claims are made.

The most important aspect of proving a negligence claim is proper documentation. All businesses are required to file an Incident Report if someone is injured on their premises, whether it is an employee or a visitor. Yet, not all businesses encourage injured victims to file this report, and they may falsely assure them that they will investigate/look-into/examine the circumstances and do the needful.

That’s why it’s crucial that you report the accident immediately to someone in authority. If you’re badly hurt, ensure that a loved one or trustworthy friend does this for you. Give the complaint in writing and get an acknowledgement. Your report should have the following:

  • Time and date of accident
  • Your complete information including full name, address, telephone-numbers, email
  • Site of accident with complete details and time/date-stamped photographs if available, including prominent landmarks and hazardous condition that caused the accident
  • Circumstances including lighting/weather-conditions, warning-signs or lack of them etc
  • Witnesses and their contact details
  • List of injuries suffered with photos if possible and medical treatment taken

An experienced slip and fall injury lawyer can help you get the compensation you deserve.

Do You Know What To Do After A Slip And Fall Accident?

When slip and fall accidents occur and unless there are serious injuries, people generally react with embarrassment and hope that there were no witnesses to their humiliation! Unfortunately, a few hours later, they may find that they have suffered serious injuries that require medical attention.

Apart from the medical aspect of delay, the legal and insurance aspects are equally important when seeking compensation for injuries. Hence, it’s important to follow certain steps if you’ve had a slip and fall accident on someone else’s premises. No matter how minor you assume the injuries to be, these steps should be followed.

  • Get immediate medical attention so that your injuries are documented, thoroughly investigated and the right treatment provided
  • Report the accident to someone in authority immediately and get a written acknowledgment. If you’re badly hurt, make sure that a family-member/trusted friend does it on your behalf
  • Get contact details of anyone who may have witnessed the incident and make a note of any CCTV cameras in the vicinity that may have recorded it
  • If possible, take photographs on your cell-phone of the exact location with prominent landmarks
  • The photos should have time/date stamp and they should also show the hazardous condition
  • Never confront anyone, be persuaded to sign documents or give permission to access your personal information and records
  • Don’t enter into private settlements, apologize, blame yourself or neglect filing a report

Consult an experienced slip and fall injury lawyer immediately. We can protect your rights and interests while helping you get the compensation you deserve.

You May Need An MRI Scan After Your Accident

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.

Bathroom Slip and Fall Accidents: What You Should Know About Compensation Claims

According to studies conducted by the US Center for Disease Control, nearly 240,000 people including teens and adults, are treated in ERs around the country for injuries suffered in bathroom slip and fall accidents.

Bathrooms are extremely hazardous places, especially for older people. Wet floors, slippery products like soap and shower-gel, poor lighting, inability to keep balance while stepping in or out of the tub or shower cubicle, falling while using the toilet or wiping down the walls and counters etc are some of the reasons for slip and fall accidents in bathrooms. Many of these injuries occurred when the person fell and hit the floor, other injuries happened when they hit their heads against the counter, WC or shelves. They may also hit themselves against the tub, bathroom fixtures etc. Most of these injuries result in broken bones, facial and dental damage, traumatic brain injury, concussion, loss of consciousness etc.

Bathroom floors in private and public places have to be kept safe and dry for use of all those who are legitimately allowed to use them. Regular cleaning, wiping, maintenance, warning signs regarding wet floors in public toilets etc are some of the ways to prevent these accidents. Owners of premises where these bathrooms are located have a responsibility to ensure that they are safe. If you or a loved one has suffered injuries due to a slip and fall accident in a bathroom caused by someone else’s fault or negligence, contact a personal injury lawyer immediately. You may be entitled to compensation.

Slipped, Fell and Hurt Yourself in A Store? How To Claim Compensation

Slip and fall accidents can happen at any time, to anyone and anywhere. One of the common places where such disasters happen is in a mall or store. They can happen while you’re entering or exiting or you’re within the premises, using the rest-room located inside etc. Not many people are aware that stores and retail spaces that welcome and invite customers into their premises also have a duty to ensure their safety. A dangerous or hazardous condition that exists in the store, that the owner was aware or should have been aware of, can cause serious injuries. The result can be severe physical, financial and emotional trauma to not just the injured victim but often to the entire family.

If you or a dear one suffers such injuries, contact an experienced slip and fall injury lawyer with expertise in dealing with similar cases. You may be entitled to compensation.

However there are several complex medical, legal and insurance issues involved. The term “premises” can cover land-ownership, business premises, rental or leased properties etc. and the liability may be different in each case. There may be multiple agencies involved.

Other agencies in charge of maintenance, cleaning, repairs etc can also be held liable in such cases. Lack of warning signs, poor lighting, damaged flooring, wet/slippery freshly-cleaned floors, loose carpeting, cluttered aisles, debris and waste etc can also cause accidents. In recent years, large store chains across many countries have faced liability actions for failing to ensure the safety of all legitimate visitors to their premises.

What are some of the Personal injury claims that I can make?

The field of personal injury law is a branch of civil law that provides redress to those who have been injured, suffered losses and damage due to the fault or negligence of another. The at fault party can be an individual, group, government, coroporation or other entity. Some of the common personal injury claims that can be made include seeking compensation for injuries suffered in car accidents, slip and fall accidents, motorcycle accidents, long term disability, traumatic brain injuries, medical malpractice, nursing home neglect, animal attacks and dog bite, boating accidents, amusement park injuries etc.

All personal injury lawyers and law-firms have the training, education, experience and capability to handle almost every type of personal injury claim. However, they may choose to specialize in one particular area and establish a good reputation and competence in it. For instance, some lawyers specialize in car accident injury claims. They gain the necessary medical, legal and insurance knowledge in this field, along with keeping abreast of current legislations and regulations.

They evaluate the circumstances of your case, assess whether you have a valid claim and provide a genuine opinion on the merits of pursuing it or not. They can also provide a ball-park estimate on how much you can reasonably hope to recover. Well-established lawyers/law-firms can help put together a robust claim, backed by the required evidence, deal with the paperwork, and help you to bridge over financially difficult times. Most of them take up cases on a contingency-fee basis, so no fees are charged upfront and legal fees charged only on winning.

Statute of Limitations Laws in Ontario

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.

Planning a Weekend Party? Host Liability Facts You Must Know

As a social host, you have a duty of care to ensure that all your invited guests stay safe on your property, reach their homes safely and don’t cause harm to others on the road. Under Ontario’s social host liability laws, social hosts are those who don’t sell alcohol for profit, have a friendly, non-employer relationship with guests and are serving alcohol on premises fully under their control.

Even if the party is one where guests bring their own drinks this liability remains. If you or a loved one has been injured in an accident after leaving a party hosted by a faulty or negligent host, contact an experienced personal injury lawyer immediately. You may be entitled to compensation.

There are various types of social host liability under this law. Liability as a server occurs if the person serves alcohol beyond the point of intoxication, knowing that it is hazardous to do so. Liability as a sponsor of potentially dangerous activities such as impaired driving is another type. Premises liability also comes under this category. The host should have a choice of alcoholic and non-alcoholic beverages. There should be plenty of water to drink. Hosts should restrict their own drinking so that they remain alert. It’s important to check beforehand with a group if they have a designated driver, so that this person’s intake can be monitored. In case a guest is unable to drive himself/herself home, hosts should provide accommodation till the effects of alcohol wear off fully. Hosts should ensure that they have a handy list of call-taxis or designated driving services.

Lesser Known Facts About Anoxic Brain Injury

When accidents happen, any part of the body can get injured. When these injuries occur in the head and brain areas, they have long term consequences on the life of the victim. Apart from the physical issues, such injuries also result in huge financial losses caused by the inability to work and earn wages to sustain normal life. Medical treatments, rehabilitation and continuing care are other areas where expenses can spiral out of control in case of long term or permanent disability.

Most of us are aware of traumatic brain injury or TBI. However, a lesser known but equally serious type is the anoxic brain injury. Here the injury is not always caused by a blow to the head, skull fracture or penetration of the skull by sharp objects during a catastrophic accident. Anoxic brain injury is a result of oxygen deprivation to the brain. When oxygen is cut off, even briefly, the neural cells die and patients can suffer from diminished brain function. Continued oxygen deprivation leads to death.

Choking, suffocation, blow to the windpipe, getting stuck under vehicles in a collision, or even a slip and fall injury that injures the windpipe and cuts off oxygen supply can result in anoxic brain injury. The common symptoms include disorientation, concussion, mood-changes, sleep disturbances, memory loss, behavioral changes etc. In the case of young children, this can be difficult to identify.

Visit a qualified doctor immediately. Contact a personal injury lawyer without delay. If your accident was caused by another’s fault or negligence, you may be entitled to compensation.

How To Select The Right Personal Injury Lawyer?

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.

Fall Season Tips For Your Safety

The Canadian fall season will be upon us in a few months, signaling the end of bright sunny days and warm barbecue nights. Staying safe in different seasons is important for everyone, especially seniors, pregnant women and kids. Staying alert and taking the necessary precautions helps to avoid accident risks.

Accidents are rarely accidental. They’re mostly caused by someone’s fault or negligence. That’s why it’s important to keep your wits about you when you’re out driving, walking, etc.

With kids back to school, traffic congestion at school-times increases. It’s important to stay vigilant for crossing streets/signals/crossing-guards, driving through school zones, overtaking school buses.

Make sure you clear fallen leaves and when you pass them, don’t be tempted to walk through them. This is also the season of light rains. Slip and fall injury risks abound in such situations. Pedestrians and cyclists should wear reflective clothing when walking or riding out after dark. You can suffer from different types of injuries during this change of season from summer to winter. Such disastrous events cause enormous physical, financial and emotional burdens on the injured persons and their families.

When these injuries are caused by someone else, you are entitled to compensation to help replace lost income, pay for your medical and rehabilitation expenses and compensate you in monetary terms for pain and suffering. Visit a qualified doctor immediately, even if you feel your injuries are minor. Contact an experienced personal injury lawyer without delay to help you get the right advice, assistance and advocacy.

What Is Meant By No-Fault Insurance?

Ontario has a system of statutory benefits for all accident victims regardless of fault. In general, accidents are deemed to be caused by someone’s fault or negligence. Thorough investigation of the circumstances can yield enough evidence to point out where the fault lay. However, under the Statutory Accidents Benefits Schedule of Ontario, accident victims can make claims on their own insurance company for benefits. These claims are called “first party” claims for damage to property and compensation for injuries/losses suffered as a result of the accident.

Under this law, those who are at fault or whose negligence caused the accident are also entitled to claim benefits from his or her own insurer. They can claim compensation for income loss and medical and rehabilitation expenditure. However, being found at fault can raise such a person’s insurance premiums. The insurance company will use their industry’s “fault determination rules” and determine the degree of fault. This results in a rise in that person’s insurance premiums the next time the policy is renewed.

Apart from no-fault insurance, the at-fault party can be held liable in a personal injury suit. The accident victim or plaintiff can claim pain and suffering, loss of income and medical expenses, apart from any other relevant categories once the fault has been established. In such a case, the plaintiff’s personal injury lawyers will have to prove anew the negligence or fault. Our experienced personal injury lawyers can ensure that a strong claim backed by the right testimony and evidence is presented.

Have Your Disability Benefits Been Terminated?

The Canada Pension Plan (CPP) entitles people who have made enough contributions to the plan to receive benefits when they are unable to work. These benefits extend to their dependent children as well. The aim of these benefits is to replace a portion of the earnings of contributors who have suffered prolonged or permanent disability.

Information is compiled based on inputs from treating doctors, the applicant, employers etc. and a profile is created. Based on this profile, a test of employability is evaluated rather than medical eligibility and suitable compensation is awarded. In many cases, benefits are denied outright from the application stage itself. They may be terminated on the date of the “change of definition” – this means that at that particular point, you are not eligible to receive these benefits any longer. There are different medical, legal and insurance issues involved in this complex situation. You and your family need the advice, assistance and advocacy of a highly-trained, skilled and knowledgeable disability claims lawyer. There is a huge backlog of appeals and it may be difficult to work through the court system in a timely manner. You are also entitled to pursue a personal injury claim against the at-fault party responsible for your accident/injuries.

We can help you put together a robust claim to take care of your present and future needs. We also ensure that your rights and entitlements are protected and that all avenues and legal recourses are explored to get you the compensation you deserve.