Not many people are aware that brain injuries are ranked as the #1 cause of death and disability in people under the age of 45 in Canada. According to the Brain Injury Association of Canada, more than 1.3 million Canadians have suffered brain injuries and are living with the consequences. There are many different causes for such injuries to happen. They include automobile accidents, sports accidents, slip and fall injuries, and much more. Each case is unique and the problems that are generated as a result are different in each case. However, what they all have in common is that the victim and his or her family suffer enormous physical, financial and emotional losses. There may be a short, long-term or permanent disability and a complete change of life. Loss of function, sensation, ability, mobility, cognitive and behavioral loss, emotional trauma, pain, seizures, dependence, continuing medical treatments, and therapies are some of the after-effects of such injuries.
If you or a loved one has suffered a brain injury as a result of an accident, contact an experienced personal injury lawyer immediately. You may be entitled to compensation. It is important to ensure that your present and future needs are taken care of apart from income replacement, compensation for medical and rehabilitation expenses and for pain and suffering caused by another’s fault or negligence. Insurance companies who must make the settlement may not act in good faith. Our traumatic brain injury lawyers protect your interests while fighting to get you the compensation you deserve.
The patella or kneecap is a triangular, free floating, a bony plate that acts as a shield for the knee joint. When serious accidents happen, this area can be injured, leading to fractures in the patella. The plate may break evenly into one or two pieces, or it may shatter into multiple fragments. Simple fractures can be treated with the help of a splint or cast until the break mends. In complicated cases, the joint itself moves out of place and surgery is required to realign it and ensure that the kneecap becomes functional again.
“Dashboard knee” is a common hazard in motor-vehicle accidents. It happens when the knee area slams into the vehicle’s dashboard. For passengers seated in the rear, this may not be such a risk but their knees may get impacted by the seat in front or by the hard interiors of the vehicle doors etc. Unfortunately, wearing a seatbelt may not protect you from dashboard knee. The impact forces cause people to slip under the seatbelt and come in contact with hard surfaces. These injuries have to be attended to immediately by a qualified doctor and/or orthopedic specialist.
What are symptoms of Patellar fracture?
Symptoms include severe pain, swelling, tenderness in the area, bruising, blood-clotting, open wounds, abrasions etc. You may have difficulty in straightening/bending the knee. The physician can confirm the diagnosis with the help of X-rays or MRI scans.
What is treatment of Patellar fracture?
Treatments include pain-management, electrical stimulation to reduce inflammation, cold laser therapy and ice to reduce pain and swelling, application of cast, surgery, etc, based on the nature and extent of damage. Contact an experienced personal injury lawyer. You may be entitled to compensation.
Broken or fractured arm after a car accident is not only painful, it results in a time out from work and may need lengthy treatments including surgery. It prevents you from carrying out your normal routine, it’s also uncomfortable, restricts mobility and makes it difficult to feed, groom and toilet yourself.
Accidents are most often caused by someone else’s fault or negligence. You can file a personal injury claim for compensation against those who were responsible for your accident. Injured victims are also entitled to compensation under statutory benefits in Ontario regardless of fault.
Symptoms include pain, swelling, and obvious deformity, inability to move the arm and/or decreased sensation. It’s important to get immediate medical attention, as there could be nerve damage, ligament or tendon tears, soft tissue injury etc. In very severe compound fractures, pieces of the broken bone may pierce through the tissues, resulting in open wounds.
What is the treatment of fractures?
Treatments have to be carried out by a qualified physician or orthopedic specialist. In severe cases, where there are chances of nerve damage, severe lacerations or multiple fractures, hospitalization may be necessary. The arm must first be stabilized with a thick towel or cloth to prevent movement. An ice-bag helps to reduce swelling and pain for short periods. Split, full or partial cast will be put on by the treating doctor, and the arm must be put in a sling. Pain-management with painkillers like ibuprofen are usually prescribed.
Broken/fractured arm treatments can be quite long-drawn-out and expensive. Personal injury lawyers help you get the compensation you deserve.
Car accidents result in a variety of injuries. Some of them are serious and immediately visible and the treatment has to be given at once. Other injuries may be less visible, or the symptoms appear after a time lapse.
A good example is neck and back problems that follow car accidents. Even if your car was traveling at slow speeds and the impact was not very severe, the body may jerk in different directions and cause stress/strain to these areas. Based on your age and general health condition, the healing process can be short or long.
What is Sciatica pain?
Sciatica pain happens because of injury or damage to the sciatic nerve. It is the longest in the body, starting at the hip area and runs all the way down to your legs and feet. Radiating pain is felt commonly on the back of the legs. The condition of “sciatica” describes a variety of pains, ranging from dull aches to acute and intense bursts of pain. Tingling, numbness and weakness of the legs and back may be there. If you’re employed in a sedentary or desk job, sciatic pain can become more severe. Patients in the age group of 30-50 are most prone to this condition. Diabetes is also a contributory factor. In extreme cases, loss of bowel and bladder function may occur.
Early intervention is essential. Pain can be treated with OTC painkillers and physical therapy, exercise, hot and cold therapy. Stronger pain-management is recommended for serious cases, along with spinal steroid injections, surgery etc.
It’s important to contact an experienced car accident lawyer immediately, to ensure that you receive satisfactory compensation for your injuries and losses.
Accidents are usually caused by someone’s fault or negligence. The injured are entitled to compensation for their physical, financial and emotional injuries and losses that they suffer.
In the confusion and mess that follows a serious car accident, people tend to focus on the immediate needs of the situation: Getting medical attention, informing the police/traffic authorities, ensuring that the family is kept informed etc.
This is also the “Golden Hour” when important legal aspects have to be protected. Insurance companies that make the settlement pay-outs require proof of injuries, their nature/extent/impact and tangible proof of fault/negligence.
Evidence to build a robust claim could be lost, forgotten, missed or deliberately destroyed. That’s why it’s crucial to consult a car accident lawyer immediately.
Many clients say, “I’d like to consult accident injury lawyers near me” This is a wise and practical decision. A local attorney understands local conditions/circumstances/weather/civic issues. We’re familiar with venues/jurisdictions/filing norms/procedures. We also keep abreast of current rulings on similar claims in the jurisdiction. We have more experience in handling local cases and know the local court system. There are no heavily-padded travel/accommodation expenses to be paid. We help you to get the best medical/rehabilitation attention. We are available 24×7 and can start working on your claim immediately. Clients can consult us without having to travel for long distances, communicate only on the phone or via e-mail. You can also get a chance to check their credentials more thoroughly, understand whether they share your goals and philosophy, and observe them at work if you like.
Personal injury lawyers find that insurance companies don’t always respond positively to claims. We strive to prepare our clients for the harsh reality that these companies are for-profit organizations, focused primarily on their own business interests.
People trust insurers to come to their aid in a crisis. They pay premiums regularly believing that they have coverage against the financial consequences of disasters. However, insurance-companies may delay, deny or dismiss claims, cite technical reasons for non-payment, minimize the nature/extent of injuries/losses/expenses etc.
It’s crucial to ensure that your claim is thoroughly examined and filed in the correct format, within the prescribed time and backed by robust evidence.
Experienced car accident lawyers can help you with this.
Typical Reasons For Claim Denial
Clients must ensure that their policies are valid and premiums are paid fully and up-to-date. Reporting the accident and visiting a physician immediately are essential.
Some common reasons for denial:
Liability not established: The wrong at-fault party, location not covered in policy, etc
When people sustain a slip and fall accident, often the overwhelming emotion is shock. This is followed by a feeling that somehow this was the result of one’s own carelessness. Most of us have had our share of laughing at the slipping on a banana peel type of slapstick humour in film and television. Hence, we generally feel embarrassment, look around to see if anyone’s noticed and then hurry away from the spot, if we haven’t been seriously injured.
Accidents are rarely “accidental.” They result from someone’s fault, negligence or breach of safety norms for various reasons. Seriously injured victims face enormous physical, financial and emotional burdens along with their family-members who have to take care of them while they recover their health. Such victims are entitled to seek compensation from those whose acts of omission or commission caused the accident. This is achieved by filing a personal injury suit against the at-fault party.
Many serious injuries tend to appear minor in the early stages and worsen if left undiagnosed and untreated. From a legal point of view, not reporting the accident or getting medical attention makes it difficult to establish the causal connection between the accident and your injuries.
Another important aspect is that the compensation process is governed by strict time limits and statute of limitations guidelines. If you find at a later stage that your injuries are more serious than previously assumed, it may be too late by then to file for compensation.
Comparative or Contributory Negligence
The principle of fault or negligence is fundamental to personal injury law. Unless this can be established, the liability cannot be fixed on the right party.
Insurance companies who make the settlement payouts have to establish liability and prove negligence. The first question that is asked is generally “Whose fault was it?”
However, it’s not always easy to get a clear answer to this question. In some slip and fall accidents, there may be a certain portion of fault that can be attributed to one party, while there could be a smaller proportion of fault that can be attributed to the other.
Contributory negligence can be defined as some behavior that caused an unreasonable risk to oneself, assuming that the person acts in a reasonable way. When the claim is filed by the plaintiff, the defendant may file a counter-claim stating that the accident happened due to some action of the plaintiff’s. If proved, this can affect the outcome of the claim as it may be dismissed.
Comparative negligence is an approach that many courts tend to admit since this helps to speed up the settlement process. This concept deems that if the plaintiff contributed in anyway to the accident, it can be taken as a percentage, and the negligence can be divided proportionately between the two parties. Hence, the settlement amount can be reduced/increased proportionately.
Even if you feel that you may have contributed in some small way to the accident, don’t hesitate to contact an experienced Belleville personal injury lawyer without delay, since this does not deter you from seeking compensation.
Barrie personal injury lawyers handle cases where at some point the client is concerned about the value of the claim. “How much is my claim worth?” is a typical question that some people ask right in the beginning, while others may come to that point a little later.
Obviously, what they also want to know is whether it’s worthwhile spending the time, effort and money on pursuing a claim that wouldn’t be beneficial to them or their family members.
Going through the claims process can be harrowing, especially when you’re recovering from the devastating physical, financial and emotional impact of a serious accident.
However, in the first meeting, our free consultation lawyers ensure that you receive a genuine, swift and honest evaluation of the claim and the right information and advice on the way forward.
Important Determinants
Some types of injuries are easy to assess, quantify and evaluate. Hence, the losses and damages may be easier to assess. For instance, actual expenditure on medical treatment and rehabilitation, out-of-pocket expenses, income loss etc are verifiable and can be documented. Certain other aspects are not so easy. For instance, the emotional pain and suffering that you undergo due to your injuries, the inability to resume work, take part in activities and social life like you used to, etc. are highly subjective but nevertheless just as real.
In our experience, there are several crucial factors that can affect the outcome of a claim. They include:
Provable source of income: As Barrie personal injury lawyers know, this is probably the single most important component of the settlement claim. Hence, it’s vital to the value of the claim.
Medical records: Clear, definite and chronologically sequenced medical records help to justify the expenses.
Referrals to specialists: Records of these add weight to claim, as they describe the nature and extent of your injuries.
Tests, medical reports, diagnostics: These provide graphic and documentary evidence of your serious injuries.
Demonstrable changes to your lifestyle: Evidence of activities that you undertook previous to the accident, proof that you are unable to conduct normal routines etc are important clinching factors.
Nature of medical treatment required: Apart from the actual hospitalization, you may need further follow-up, physiotherapy, continued monitoring, vocational and occupational therapy, counseling etc. Ensure that you get information on the full extent of your injuries before you finalize the claim. Some claims focus on the diagnostics without paying much attention to the treatment. This could be counter-productive in the long run. Make sure that your treating doctors are qualified professionals like MD doctors. The value of your claim will be reduced if the treating doctors’ credentials are questioned.
Duration of treatment: For those victims who have suffered permanent disability or long-term damage, the claim must specify a planned documentation of expenses which cover present and future needs.
Finally, your credibility, the strength of evidence, possible contributory negligence, the over-riding cause of the accident and the at-fault party’s fault or violation of safety norms etc are some of the important aspects that determine the amount of settlement that your claim can achieve.
If you have suffered a serious injury in a car accident, you and your family have probably gone through a devastating experience that involves physical, financial and emotional distress.
Accidents are usually caused by someone’s fault or negligence. The injured are entitled to seek compensation from the at-fault or negligent party to help them restore life to a close approximation of what it was before the accident.
In Ontario, all those injured in car accidents are entitled to receive no-fault benefits under the Statutory Accident Benefits Scheme (SABS). These benefits are payable by their own insurer and cover income loss and medical/rehabilitation expenses. However they don’t cover pain and suffering.
Victims can also sue the at-fault party in a civil action, by filing personal injury suit. This is done preferably with the assistance of an experienced Cambridge personal injury lawyer. You can claim all the above benefits, including pain and suffering.
Seeking Compensation
One of the biggest challenges in achieving the compensation you deserve lies in dealing with the response of insurance companies, even your own. We often forget that they are for-profit organizations with the primary focus being on protecting their own business interests.
They may deny or dispute your claim, deny it on technical grounds or delay settlement hoping to wait you out. Such delays can be hazardous because you could cross the statute of limitations period for filing a suit and thus lose the opportunity of launching a legal action against the at-fault party.
Nearly 90% of personal injury claims are settled out-of-court, through negotiations, mediation or arbitration. However, if the settlement offered is too meager or the insurance company/at-fault party fails to give an appropriate response, the case can be taken to trial. If the negotiations and discussions prove unfruitful, the only option is to settle the matter in court. That’s why it’s important to select a personal injury lawyer who has excellent negotiation skills but also has trial experience.
Steps In The Trial Process
Obviously, meeting the right Cambridge personal injury lawyer is the first step in beginning the trial process. In some cases, the lawyer may already have handled your case at the negotiations/arbitration stage, so he/she would be familiar with all aspects of your claim. He/she will take the time and effort to explain each progressive stage of the trial process to you in detail.
Legal papers have to be filed in the court. The Complaint, which provides an outline of the case against the at-fault party, identification of the parties involved, jurisdiction of the court, the complainant’s legal claim and the circumstances which led to the claim.
Summons, service of process, answers, claims and counter-claims follow.
The next stage is Examination of Discovery where both parties get information from each other to establish the facts of the case. Trial follows.
The case may get resolved at any stage.
The final settlement is based on the jury verdict. Finally, you can face delays in collecting your settlement amount, the other party may go on appeal.
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, however minor or major they are, they throw people into a state of confusion and anxiety. If injuries have been sustained, the main focus is to ensure that the injured are given the right medical attention and treatment immediately.
However, this is also the time when it’s important to take steps to safeguard your rights and interests.
Accidents are not always “accidental.” As Ajax personal injury lawyersknow from experience, most of them are caused by someone’s fault or negligence. Violation or breach of safety norms, ignoring hazardous conditions to cut costs or because it’s inconvenient to make the repairs immediately are some of the common reasons why motor-vehicle accidents and slip and fall accidents occur.
The impact of injuries sustained in accidents is felt by the injured person and often his/her family-members. Prolonged recovery time, loss of mobility and inability to resume work lead to physical, financial and emotional consequences.
Whom Should You Contact?
Obviously, getting immediate medical support is paramount. But there are certain important professionals and agencies who need to be informed and consulted to ensure that you receive the compensation you rightly deserve.
Police and Traffic Authorities: Unless you’re seriously injured, unconscious or immobilized by your injuries, call the local police or traffic authorities immediately. This should be done so that they can also ensure that the relevant medical authorities also get the information. In Ontario, there are new rules governing reporting for motor-vehicle accidents. If the damage seems to be totally below a specified amount and no one is injured, you can report the accident to the nearest Collision Reporting Center. Otherwise, the police must be informed. This is also crucial when you have to deal with insurance agencies in future, because the first call you make is used to begin generating an accident report.
Insurance Agencies: Ontario’s Statutory Accidents Benefits Scheme entitles all injured victims to seek compensation regardless of fault. This is payable by your own insurers. It’s also important to inform your insurance company immediately so that they can open the no-fault benefits file. The at-fault party’s insurers may also try to communicate with you, but it’s wiser to avoid talking to them unless your lawyer is present.
Personal Injury Lawyers: A qualified, experienced legal professional who has handled cases like yours is a vital part of your team. They provide the right information, help you with the complicated paperwork, ensure that deadlines are met for filing claims or notifications and protect your rights from the world Go. Ajax personal injury lawyers and law-firms can conduct independent investigations, collate evidence from experts and witnesses, assemble important photographic evidence, CCTV footage etc to build a robust claim. They represent you in all communications with insurers (even your own) and at-fault parties, undertake negotiations on your behalf and can also take the case to trial if talks prove unfruitful.
Injured victims and their family-members need support to get their lives back on track and monetary compensation is one of the cornerstones of recovery. These are the qualified professionals who can help you through the complex medical, legal and insurance issues involved in seeking compensation.
When car accidents happen, we console ourselves with the thought that insurance will take care of our losses. Everything seems fine when we receive a timely and prompt phone call from either our insurer or the at-fault party’s claims adjuster.
They seem concerned about our injuries, express their readiness to help and assure us that they have our best interests at heart.
To this end, they request an immediate meeting. Even though you’re still in hospital, or you’ve just been discharged and are convalescing at home, the claims adjuster wishes to come over and meet you.
As experienced Woodstock personal injury lawyers, we are frequently asked by people who have suffered serious injuries in a car accident caused by someone else’s fault or negligence whether it’s OK to talk to the insurance company representatives on their own.
Good idea? Absolutely not!
Why They Request Such Meetings
Insurance companies are for-profit organizations, whose main focus is to protect their business interests and minimize or avoid settlement payouts as far as possible.
To this end, they may not always have your interests or rights at heart.
Injured victims and their families are at their most vulnerable in the period that immediately follows a crisis or traumatic event, hence an early meeting would be most beneficial for the insurer.
The reasons for meeting injured victims without the presence of a lawyer include:
Victims and family-members may be unaware of their rights, risks and entitlements
They may not be completely familiar with the legal, medical and insurance issues, or their own insurance policies
They may not know the full extent of their injuries
Claims adjusters may appear empathetic and caring, but their job is to investigate the accident and file a report which helps the insurer to keep the settlement as low as possible
The insurer, unlike personal injury lawyers, has only a minimal duty to protect your interests
They need to control the pace, dimensions and nature of negotiations as early as possible
If they represent the at-fault party, obviously their loyalty would be towards them
Your own insurer may wish to avoid a hefty payout and could delay or dispute your claim
Claims adjusters are highly educated, trained, skilled, knowledgeable and experienced professionals who can “nudge” you into making decisions against your interests
They may offer swift settlements while assuring you that this is the best offer you’ll ever get
Claims adjusters may advise you against getting embroiled in the legal process – it’s expensive, that lawyers may fleece you, the procedures are long-drawn-out, unpredictable, etc
Your personal injury lawyer knows that if negotiations are unfruitful, you are fully entitled to take the case to trial
Meeting injured victims without a lawyer present is the best way for insurers to get information, chance upon victims making inadvertent statements or admissions, of getting them to make recorded submissions, getting permission to access confidential records, perhaps admitting some level of contributory negligence, or that they can cope with their problems etc.
It’s important that injured victims/family-members contact an experienced Woodstock personal injury lawyer before they communicate with insurers.
Slip and fall accidents are a leading cause of injuries . Nearly 9 million people visit hospitals and ER rooms as a result of slip or trip and fall accidents every year. They are also one of the most common reasons for taking time off from work. Injuries sustained in such accidents can range from minor bruises, cuts and sprains to serious spinal and neck injuries, traumatic brain injuries, hip/rib/skull/extremities fractures, dental and facial damage, long-term disability or even death.
Apart from the physical aspects, such injuries cause enormous financial and emotional issues too, which affect victims and their families.
Accidents are caused by someone’s fault or negligence. Property owners in Canada have a duty to ensure the safety of their premises, failing which they can be held liable for damages suffered by injured people.
Consult an experienced Woodstock personal injury lawyer if you or a dear one has sustained injuries in a slip and fall accident. You may be entitled to compensation.
Claiming Compensation
Slip and fall accidents can be challenging in terms of the complex legal, medical and insurance issues involved. The amount of compensation that can be achieved is determined by several factors including the age and general health status of the victim, establishment of fault/negligence, impact of injuries, whether there was any carelessness on the part of the victim, etc.
There are strict time limitations within which claims and suits have to be brought against at-fault parties.
The right defendant has to be identified because property-ownership and liability can be quite complicated.
Establishing the connection between the accident, causal factors, negligence, the injuries, their impact on the victim and the expenses incurred as a result can be a daunting task. Some Woodstock personal injury lawyers handle such cases exclusively and they are best suited to assist you.
Steps To Take
In the immediate aftermath of a fall, people are confused and in pain and compensation may be the last thing on their minds. However, these are also the most crucial moments in terms of personal injury law.
Report the accident immediately to someone in authority and get an acknowledgment
Get medical attention without delay, no matter how minor you assume your injuries to be
Contact a personal injury lawyer who deals with such claims as soon as possible: There are different time-limits for notifying private/public/municipal properties
Take cellphone pictures of exact location, injuries, cause of accident, prominent landmarks with time and date stamp: Things change or can be changed/destroyed/replaced/repaired over time
Preserve all clothing, footwear worn at the time – property-owners often argue that it was your inappropriate clothing/footwear that contributed to the fall
Follow all medical advice scrupulously
Keep a meticulous record of all expenses incurred in connection with the accident
Never conduct negotiations directly with property-owners, apologize or make statements like “I should have seen that!”
Never provide recorded statements, submissions or permissions to access your confidential information or sign documents without your personal injury lawyer’s knowledge/advice
Avoid social media presence for the duration of your claim/suit
These tips can help your Woodstock personal injury lawyer to help you achieve the compensation you rightly deserve!
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.
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.
If you or a dear one has suffered injuries in a slip and fall accident sustained due to dangerous conditions on someone else’s property, you’re probably aware that you may be entitled to compensation.
Peterborough personal injury lawyerswho handle such cases regularly understand the concerns that victims and their families have when they get involved in such an unfortunate situation.
These accidents are among the most common of civil cases across Canada and a majority of them are settled out of court and not in lengthy procedures inside a courtroom. There is no reason why an injured person and/or their family has to bear the physical, financial and emotional burdens that arise as a result of such mishaps when it has been caused by another person’s fault or negligence.
Assessing Your Claim
“Do I have a valid case?” is a question that an experienced personal injury lawyer who regularly handles slip and fall injury claims can best answer.
In general, there are several factors that determine the validity of such cases:
Establishing that the accident occurred in that location
Proving the hazardous condition
Establishing ownership of the property and occupier’s liability
Establishing that the owner knew or should have known about the hazard
Establishing negligence or fault in not removing the danger
Establishing nature and extent of injuries
Proving that these injuries impact the victim’s life
Establishing the expenses incurred as a result of the injuries
Protect Your Interests
Though your case may seem straightforward, insurance-companies who have to make settlement-payouts may not always act in good faith. They may delay, dispute, deny or dismiss your claim.
As the plaintiff, you and your family need to take certain steps to protect your rights and interests:
Report the accident immediately to someone in authority and get it documented
Take photographs on your mobile-phone with date and time stamp: Location, cause of accident, your injuries, land-marks. This is because the owners can destroy evidence or it can vanish with time in the settlement duration
It’s important to get contact details of witnesses if any. Your family-members can collect this information if you’re unable to do it. However, don’t contact them again afterwards, let your personal injury lawyer continue the process
Visit a qualified doctor and contact a personal injury lawyer immediately
Follow all medical advice, preserve all bills, records, test-results, prescriptions
Start keeping an accident journal to note all events connected with the accident
Ensure you preserve all physical evidence such as footwear/clothing. Don’t remove stains like mud, blood etc and don’t mend tears. If your glasses broke when you fell, preserve them and get another new pair
Never sign anything, record any statements, provide access to confidential information, communicate with at-fault parties without your lawyer’s advice/knowledge
Avoid making inadvertent statements : Neither you nor the family should say things like “It’s because of my carelessness!” etc
Stay off social media till your claim is completed satisfactorily
Peterborough personal injury lawyers can advise, assist and guide you through the claims process, while ensuring that your rights are protected.
Sudbury personal injury lawyersoften 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.
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.
Today the world faces an environmental crisis created by vehicular and industrial pollution that threatens the health and well-being of not just human beings, but also of all life forms on the planet.
One of the ways that toxic vehicle emissions can be reduced is by the introduction of electric vehicles. These vehicles also reduce the dependence on petroleum products and provide clean-running transportation.
There are several big advantages in using such vehicles and many governments the world over have begun encouraging the development of such technologies. Vehicle manufacturers have introduced hybrids in a bid to make the transition smoother and explore the different user requirements and responses before they launch pure electric cars.
Though there are some niche manufacturers who have been producing electric vehicles for a long time, they have never really caught the imagination of a wider public audience. So far, electric vehicles have been used as local neighborhood rides like golf-carts, in-campus transport, senior-citizen facilities in airports, stations, hospitals etc. Electric cars available in some cities across the world are used as local runabouts, and are usually the second car in the family.
The reasons are not hard to find: Range, battery-life, higher initial cost, smaller size and long battery re-charging time are definite deterrents in adoption of electric vehicle technologies.
Electric vehicles are low on maintenance and running-costs. Most countries offer attractive tax breaks for owning an electric car. They also provide you with the satisfaction of running a quieter, cleaner and less dangerous vehicle and that’s really doing your bit for the environment and the future generations to come.
A new regulation released in July 2017 mandates the rules for the use of low speed vehicles (LSVs) in the province of Ontario. A pilot program has been launched to support new, emerging technologies that help people to commute safely and efficiently and ensures a limited environmental impact. Reducing air pollution and dependence on conventional fuels is another stated aim of this project.
Regarding LSVs, the government has released a report entitled Cars Are Evolving and this report describes the Ontario government’s aim to achieve its climate change goals by encouraging the use of a more sustainable transportation model that can reduce our carbon footprint.
Some of the key features of the pilot project include:
Maximum speed regulations for LSVs
Where they can be driven
Signage to be attached to the slow moving LSV
Meeting motor vehicle standards
LSV owners and operators should have insurance policies that meet the requirements of the Compulsory Automobile Insurance Act. This provides a minimum $5 million coverage for liability, $1 million for non-catastrophic/$2 million for catastrophic medical, rehabilitation and attendant care benefits
Current Highway Traffic Act rules apply to the LSV driver/owner
Class G or higher driver’s license required
Rules for seat-belts, child-passengers, side-cars
Keeping these factors in mind, if you or a dear one has been injured in an accident involving an LSV, contact a Pickering personal injury lawyer with experience in dealing with such cases, immediately. You may be entitled to compensation.
When accidents take place, it’s possible that someone gets injured. Whether it’s a motor-vehicle accident, slip and fall or bicycle accident, injuries caused by an animal attack, there can be short and long-term consequences for the injured persons and their families.
It’s a fact that people are burdened with physical, financial and emotional losses as a result of an accident. Some of the injuries may heal quickly, allowing the injured person to resume work after a brief recovery period, while in other cases, an extended phase of rest and recuperation are needed. In severe cases, the person may be permanently disabled, leading to an enormous shift in life-style and mental make-up.
Accidents are not always “accidental.” They are usually caused by someone’s fault, negligence or flouting of reasonable safety standards. Those responsible for the accident can be held liable for the losses suffered by those who have sustained injuries.
If you or a dear one has sustained serious injuries caused by another person’s fault or negligence, it’s wise to contact an experienced Mississauga personal injury lawyer immediately. You can get a swift, comprehensive evaluation of your case which may entitle you to receive compensation.
What Is Personal Injury Law?
The branch of law that deals with getting legal remedy for losses arising from an accident or an event where someone’s carelessness or intentional conduct has caused the injuries.
In short, if the accident has been caused by another person’s wrongful conduct, the injured person is entitled under civil laws to seek compensation. The term “tort” law is also used to refer to such cases and this term comes from the Latin term which means twist, harm or wrong.
Unlike criminal law, where the state prosecutes a wrongdoer, the government/state is not involved in civil cases. Instead, civil laws are meant to cover disputes between plaintiffs and defendants where the plaintiff seeks compensation (monetary) for the harm caused by the defendant.
Negligence is the cornerstone of personal injury law. It mandates that every individual is required to act responsibly and avoid putting others in danger. To prove negligence, evidence of it has to be presented and this serves to establish liability. The plaintiff has to prove that any prudent person in the defendant’s place would have acted differently given the same set of circumstances.
The plaintiff also has to provide proof of the nature and extent of injuries, the direct/indirect connection between them and the accident and their impact on his/her life.
Lawyers who specialize in dealing exclusively with such claims are personal injury lawyers.
Slip And Fall Accidents
Property-owners have a responsibility to ensure that all those who visit/use their premises are kept reasonably safe. Under Ontario’s Occupier’s Liability Act, property-owners are held responsible for the maintenance and upkeep of their premises, whether public or privately owned.
Establishing liability to get a successful outcome in slip and fall injury claims depends on:
Determining the cause
How long the risk has been present
Whether warning signs were provided
Could the accident have been prevented by property-owner
If there was a degree of contributory negligence by the injured person, the final settlement may be proportionately reduced or your claim may be denied.
An experienced Mississauga personal injury lawyer can provide the right information and assistance.
People today are so familiar with elevators and escalators that they’ve become a part of our daily lives. Whether it’s in a train station, mall, restaurant, airport, apartment building, bank or hospital, we seldom give them a second thought as we board one of them. They certainly make life a lot easier for us and ensure that we reach swiftly and conveniently to our destinations, whether they’re in upper or lower elevations.
However, these conveniences can hold potential risks too. A slip and fall in an escalator or elevator can result in serious injuries, especially if the victim is a senior citizen or a pregnant woman.
Apart from the physical injuries, people also suffer huge financial losses and emotional trauma as a result of the accident.
If you or a dear one has been injured in an accident, consult a Milton personal injury lawyer without delay. You could be entitled to compensation.
Elevator/Escalator Slip and Fall Injury Risks
These facilities have the task of transporting large numbers of people continuously. The weights they carry can vary enormously throughout the duration.
A recent study conducted by the Technical Standards and Safety Authority (TSSA) shows that across Canada, elevators seem to be getting more dangerous. Over the last six years, nearly 1200 people have suffered injuries with 69 of them being permanent injuries, while six people have died. TSSA studies also show that the number of such incidents has increased over 2011 – 2016 and the trend shows a rise of nearly 14% annually.
With nearly 40,000 elevators in Ontario, safety has become a major public health risk concern especially among senior citizens. In an indirect way, it affects their normal routine, health and socialization. Liberal MPP Han Dong observes, “… seniors won’t leave their apartment when there’s an elevator out of service in their building, because they’re afraid they won’t be able to get back to their apartment. In some cases they will have to forgo their doctors’ appointments…”
Escalators pose their own risks. Escalator steps are slightly taller than normal stairs. This does create a tripping hazard if you choose to walk up the escalator instead of waiting for it to take you to the top. Many people also fail to hold the handrail as the escalator travels. According to the National Elevator Industry Inc, it’s always safer when riders stand in place holding the handrails. Walking and standing on certain designated sides can also cause uneven wear and tear over time, leading to malfunction and defects.
Common Problems With Elevators and Escalators
Elevator drops and falls
Incorrect door alignment
Defects/malfunctioning of parts, loose parts
Uneven car landing between floors
Sudden stoppage
Side entrapment of clothes or footwear
Common injuries include cuts/bruises/sprains to amputation, traumatic brain injury, disability, disfigurement and death. Broken nose, bumps, head-injuries, facial/dental damage, thumb fractures are common, while loose panels or parts can fall off, causing people to lose their balance. Electrical fires in elevators/escalators can occur.
All these accidents can be traced to fault or negligence, shoddy maintenance etc. An experienced Milton personal injury lawyer can provide assistance and advice to help you get satisfactory compensation.
Distracted drivers are the Number One menace on our roads today. Studies show that distracted driving has over-taken impaired driving as the biggest hazard on the road in recent times.
When we think of distractions, we tend to assume that distractions are usually outside the vehicle. These may take the form of scenery, appearance of animals, birds or natural phenomena while driving, or commotions on the road, attractive and striking bill-boards and advertisement hoardings, etc. which cause the driver to turn his or her attention away from the road.
Sudden loud noises, crowds, trying to locate a particular destination, watching out for land-marks or for someone who has promised to wait at a particular spot are other reasons why we tend to dilute our focus on the task at hand.
However there are a number of other things that can distract drivers and these may be present inside their own vehicles. Such distractions are equally dangerous because they can divert the driver’s attention away from the road, resulting in a devastating accident.
If you or a dear one has been injured in an accident caused by a distracted driver, consult an Oakville personal injury lawyer without delay. You could be entitled to compensation if it’s proved that it was the driver’s negligence that caused the accident.
Inattentive Drivers
According to the Toronto police distracted driving is indeed a huge and growing problem. A 50% rise in the number of drivers described as “inattentive” was observed over the period 2002-2012. One fifth of these collisions resulted in some level of injury, while 212 resulted in serious injuries and 12 resulted in death.
Toronto Constable Clint Stibble describes inattentive drivers as those who form a very broad category. In most of these cases, the distractions were inside the car itself. The police have seen cases where the driver was using a mobile phone, eating, grooming etc. “I’ve seen people shaving on the road. A person cuts himself while shaving, next thing you know he runs into a car. He’s inattentive,” rues Stibble.
Common reasons for driver distraction inside the vehicle include:
Mobile phone use, answering calls, texting, messaging, reaching over to look at the phone. Even hands-free sets can cause distraction
Grooming: Applying make-up, shaving, brushing teeth, adjusting the rear-view mirror to comb hair, etc
Eating and drinking
Reaching over to adjust radio controls, change CDs, lower or raise volume
Chatting with co-passengers
Turning round to check on kids in rear seat
Horsing around, taking hands off the wheel
Discarded coffee cups, drinks cartons or food trays getting caught in the foot-pedals
Pets moving around inside the vehicle
Wearing high heels
Studies have shown that even a three second distraction can cause a fatal accident. Unfortunately, the physical, financial and emotional consequences have to be borne by the injured persons and their families.
An experienced Oakville personal injury lawyer can provide assistance and advice if you have been seriously injured in an accident caused by a distracted driver.
We can conduct independent investigations, interview witnesses and experts to get testimony to back your claim and ensure that you get the settlement you deserve.
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.
Car accidents and motor-vehicle collisions happen in a split second, but their effects can last for an entire life-time!
Injuries sustained in such mishaps may range from simple, minor cuts, sprains, bruises etc to catastrophic, life-altering and life-threatening injuries.
Some injuries may appear minor initially but could turn out to be more serious after a passage of time. There are cases where people have walked away from a devastating car accident, seemingly unscathed, only to collapse and die a few hours later! Internal bleeding or organ damage may not be apparent immediately. The body’s “fight or flight” response is triggered in a stress-inducing situation, with the release of endorphins, adrenaline and other hormones that can mask pain.
Victims who have existing health issues may find that these conditions can worsen following an accident.
Whatever the nature and extent of injury, or however minor you may assume it to be, it’s vital that all accident victims get medical attention immediately.
Once this has been adequately addressed, it’s time to consider the physical, financial and emotional consequences of the accident. The injured victim and his/her family may find themselves in a quagmire due to:
Lost wages, income or income-earning capacity
High medical and rehabilitation expenditure
Continuing hospitalization, treatment and therapies
Pain and suffering
Contact an experienced Milton personal injury lawyer who can evaluate the circumstances in your case and help you claim compensation if your accident was caused by someone else’s fault or negligence.
Seeking Compensation
Though money can hardly replace everything that you’ve lost due to injuries sustained in an accident, a monetary settlement certainly helps to restore a degree of normalcy in your life, reimburse you for the expenses incurred and it makes life a little more comfortable for yourself and your family.
Most of us assume that we are financially protected due to the insurance coverage we have. To this end, we diligently pay our premiums, whatever the sacrifices we have to make. Incidentally, Ontario has the highest insurance premium rates in the country although it has the lowest number of accidents and fatalities.
However, when we make a claim we may find that insurance companies, even our own, may not always act in good faith. Being for-profit organizations, their primary focus would be to safeguard their business interests. Hence, you could be in for a long-drawn-out process. The insurer may deny, dismiss or dispute your claim, offer a meager settlement or adopt delaying tactics etc which will not work in your best interest.
Avoid Becoming A Victim Again!
An experienced Milton personal injury lawyer works for your rights. We ensure that your interests are kept uppermost while dealing with insurance-companies and at-fault parties. Ontario laws provide statutory benefits for all those injured in motor-vehicle accidents regardless of fault. This is payable by your own insurance-company. Additionally, you’re also entitled to file a claim for compensation against those responsible for the accident.
We also conduct independent investigations to enable you to present a robust claim during negotiations or at trial if the situation so requires.
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.
