Slipping or tripping can be an extremely risky proposition and may result in a nasty fall. The immediate and overwhelming emotion is embarrassment and we hope that no one witnessed this unseemly upset. However, the truth is it’s great if someone did spot you taking a spill. They can serve as witnesses if you wish to make a claim for compensation against the owner of the property where your accident occurred.

Such accidents can cause serious physical, financial and emotional losses for the injured person and/or their families. You are entitled to seek financial compensation from those whose carelessness, fault or negligence created/maintained the conditions that resulted in your accident.

We assume that our insurance company or that of the at-fault party will cover our expenses. However, they don’t always act in good faith and could dispute your claims.

Contact an experienced North York personal injury lawyer who deals exclusively with such cases. This gives you the necessary assessment of your claim, advice, guidance, information and advocacy. It also protects your interests.

Slip or Trip?

When we fall down and sustain injuries it could have been because we either slipped or we tripped ! Such accidents are a leading cause of injuries across Canada. Most people use the two terms “slip and fall” and “trip and fall” interchangeably. Both situations come under the umbrella of premises liability. However, in determining the exact cause of the accident and establishing liability, it’s important to know and specify the way your fall occurred.

The main differences:

• Slipping occurs when there is reduced or no traction between the surface and the feet/footwear. For instance, wet or slippery surfaces, loose carpeting/mats, liquid spills, sloping floors, metal or marble flooring, waxed, polished or freshly-cleaned floors, over-smooth soles on footwear, etc can cause a slip and fall accident.

• Tripping occurs when the person loses balance because of an external object that alters their stability. Exposed cables and wires, unmarked elevation changes, clutter and debris, wrinkled/loose floor covering, objects left in unaccustomed places etc are some of the reasons that cause trip and fall accidents.

In general, proving liability in these cases is challenging. Experienced North York personal injury lawyers have to prove negligence, liability, cause of accident, nature and extent of injury, direct/indirect connection between the accident and injury and the losses caused by the injury.

Keeping this aspect in mind, it becomes important to make the distinction between a slip and a trip so that it becomes clear what the cause of the accident was.

Safeguard Your Rights

• There are strict time-frames within which such claims can be brought
• Report the accident and consult a doctor immediately
• Preserve clothing/footwear worn at the time, all bills connected with the accident
• Avoid quick settlements with property-owners
• Don’t sign waivers, give permissions or recorded statements
• Talk to insurers/claims-adjusters after legal consultation
• Follow medical advice
• Avoid posting on social media

In Ontario, the Occupier’s Liability Act holds property owners responsible for the safety of premises under their control. If you or a dear one suffers injuries in a slip/trip and fall, you’re entitled to seek compensation for your injuries.

If you or a dear one has been injured in a motor-vehicle accident, you would know how traumatic it can be. Though the event happens in a split second, the effects can last for a very long time, sometimes even permanently.

As experienced Ottawa personal injury lawyers, we know from dealing with numerous such cases, that accidents are rarely “accidental.” They are usually caused by someone else’s fault or negligence and it’s only a thorough investigation that can uncover the real reasons for the collision.

Innocent victims and their families are left to face the enormous physical, financial and emotional burden imposed by serious injuries caused by an accident. The losses sustained by accident victims include:

• Loss of income/wages
• Loss of earning-capacity
• High medical and rehabilitation expenses
• Emotional and physical pain and suffering

and many more, depending on the nature and extent of injury.

Ontario laws entitle injured victims in motor-vehicle accidents to apply for statutory benefits, regardless of fault. Additionally, victims can file a personal injury suit against the at-fault party whose negligence/fault caused the accident. Settlements are payable by insurance-companies.

Though many of us believe that an insurance company, especially our own, would act in good faith and make a settlement promptly, this can be far from the truth.

Insurance companies are for-profit organizations whose focus is purely on protecting their own business interests. To this end, they may dispute your claim, deny or dismiss it on technical grounds, attempt to make a meager settlement that wouldn’t cover your costs or delay matters till it becomes impossible for you to stay financially afloat.

Keeping these factors in mind, it’s important to present a settlement claim that’s water-tight in every way. Dispute settlement is achieved through negotiations and an experienced Ottawa personal injury lawyer can assist you with these procedures.

Select The Right Lawyer

Perhaps the best time to select a lawyer is when you don’t really need one! This gives you the time to thoroughly research their credentials, success-rate, types of cases handled etc.

However, if you don’t have a personal injury lawyer already, keep in mind that the wrong one can be highly inimical to your case, while the right one can provide you with the compensation you deserve.

Go about the task systematically. If you’re personally unable to do so, entrust the task to a family-member, co-worker or friend whose judgment you can rely on.

It’s also important to analyze what you want from the personal injury claim. People may need to:

• Cover their present and future expenses
• Create a long-term, life-plan fund
• Punish the guilty party
• Have their day in court
• Get a swift settlement without too much delay

Keep a list of questions you want answered by potential candidates when you’re selecting an Ottawa personal injury lawyer

Select a lawyer/law-firm with the financial resources to handle your claim and help you fund expenses. They should also be prepared for both negotiations and trial based on the response of the at-fault party.

It’s wiser to select a local professional rather than one from out of town, as the local person is more familiar with court procedures, current rulings, trends etc in this jurisdiction.

Brampton personal injury lawyers know from experience that Ontario’s 400 series highways have a reputation for being risky and accident prone. For people who live and work in the southern locations of Ontario, these highways form an essential part of their daily commute. But they’re also the location for high volume traffic, regular shut-downs and closures due to accidents and delays caused by winter weather conditions.

Accidents are not just “accidental” – they’re usually the result of someone’s fault or negligence, or the flouting of safety norms for various reasons.

Catastrophic injuries can result from accidents on such high speed expressways and they leave a trail of destruction and irreversible problems in their wake. If you or a dear one has suffered injuries in a motor-vehicle accident, whether as a driver, passenger, pedestrian, bicyclist etc, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

The 400 Series Highways

The system of controlled-access highways known as the 400-series highways in Southern Ontario are under the provincial jurisdiction of Ontario and regulated by the province’s Ministry of Transportation. They’re built to high design standards, have a regulated speed limit and are monitored by various sophisticated traffic-management and collision-avoidance systems.

Although they initially recorded very low accident rates, some of them are currently under the scanner in television programs like Discovery Channel reality shows like Heavy Rescue :401 which focus on rescue operations, police officers and towing vehicles which help to clear the area when accidents happen.

Highway 401 crossing Toronto is the busiest stretch of expressway in the world! Statistics show that nearly 400,000 vehicles use the 400 series highways every day. Considering these figures, the accident figures are surprisingly low.

The Ontario traffic authorities have done exemplary work to minimize risks as far as the road conditions are concerned. The lower speed limits and the plentiful room provided for turning or merging, coupled with the installation of the Tall Wall that prevents trailer trucks from crossing over the barriers into oncoming lanes are features that certainly reduce the risks.

Safety Issues

Yet, accidents can and do happen on these routes. Road conditions, visibility, driver distraction, cellphone-usage, fatigue, unforeseen events are the most common causes.

Certain “hot spots” were identified and the police have encouraged drivers to exercise extra caution while passing through these areas.

Additionally, road safety features mandated from time to time have ensured the reduction in collisions caused by large transportation trucks and trailer trucks. The trucking industry is concerned about the risks and has taken important steps to ensure safety. Stephen Laskowski, President of the Ontario Trucking Association opines, “…we need to look at can we get better and the answer is yes.” He also felt that human error accounts for most at-fault accidents.

Features like speed governors, electronic trucking logs, tracking driver hours of service, electronic stability control management, mandatory entry-level training programs for drivers etc certainly go a long way in keeping the 400 series safer.

Experienced Brampton car accident lawyers can provide the right information, advice and assistance and ensure that your rights are protected.

Brampton personal injury lawyers often have to deal with insurance companies who initially deny or dismiss compensation claims made by people injured in slip and fall accidents.

Most of us believe that our insurance policy will cover our expenses and lost income and also compensate us for our pain and suffering following a serious injury sustained in an accident caused by someone else’s fault or negligence. However, what we forget is that insurance companies can and sometimes do act in bad faith, or they may adopt delaying tactics, minimize the nature and extent of your injury, deny/reduce their client’s liability etc in order to protect their own business interests.

Common Tactics That You May Have To Face

Contacting you immediately or soon after the accident: This move catches people at a vulnerable point, when their judgment is clouded by anxiety, pain, confusion etc. Injured victims/their families haven’t had the time/opportunity to gauge the full extent of their injuries or contact a personal injury lawyer. Insurance adjusters may offer a “quick and hassle-free” settlement which could turn out to be woefully inadequate later.

Requesting recorded statement/signed documents: Injured victims could make inadvertent admissions or say things without the full understanding of their import. Signing documents may give permissions to access confidential records, or provide waivers and releases of your claim.

Partial responsibility: At-fault party insurers may try to intimidate the injured person citing “partial responsibility” for the accident and offer the “best deal under the circumstances.”

Devalue/Criticize your medical treatment: Insurers may advise you that your medical treatment is unnecessary/over-done etc and that it may not get coverage.

Misinformation: Claims-adjusters may inform you that you’re entitled to only certain benefits, or misrepresent the amount of coverage available to you.

Why Claims May Be Denied

Apart from the tactics used to stall or delay your claim, insurance companies may also outright deny your claim. A Brampton personal injury lawyer with specific experience and expertise in handling the complex legal, medical and insurance issues involved can certainly provide the right guidance.

Apart from these problems, clients also have a responsibility to understand their coverage and ensure that their policies are kept valid and updated.

Some common reasons why claims are denied:

Factual or typographical errors: If you’ve moved, changed your bank, purchased a new vehicle, added a new family-member etc, and not added this information in your policy, it could work against you. It’s important to update your current address and status changes.

Padding: Ensure that your claim is factual, genuine and not exaggerated in any way. Compensation is meant to restore you to your original state prior to the accident, but not put you in a position where you profit from it.

Stay Safe: Follow the rules, if you know a property is unsafe to walk in, avoid it. Wear appropriate footwear and clothes, avoid walking outside if you’re unwell or on medication. Use your spectacles if needed.

As a result of such tactics and/or inadvertent errors, many injured persons could end up not getting the settlement they rightly deserve. Our experienced Brampton slip and fall injury lawyers can provide the right advice, assistance and advocacy.

Brampton personal injury lawyers know from experience that one of the first questions injured victims or their families ask is, “How long will my case take to reach settlement?”

This is something that we try our best to answer realistically, while explaining all aspects of the claim and providing a 360-degree view of the case.

Accidents happen out of the blue and can result in devastating consequences if the injuries are serious. Most of them are caused by someone else’s fault or negligence. Unfortunately, it’s the victims and their families who have to bear physical, financial and emotional burdens.

If you or a dear one has been injured in an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

How Long Does Settlement Take?

It’s not possible to give a one-size-fits-all solution to the issue of settlement. There are multiple factors and several complex medical, legal and insurance issues involved.

They include:

Type of accident

• Nature and extent of injuries
• Impact of the injuries on the claimant’s life
• Long-term and short-term effects
• Liability of the at-fault party
• Client expectations
• Coverage limits
• Negotiated settlement or trial

and many more variables. However, as our Brampton car accident lawyers and Brampton slip and fall injury lawyers regularly handle such cases, they can give a genuine, comprehensive and swift assessment. This means that the client can make an informed choice and take the matter forward.

In general the time-line for a personal injury claim goes like this:

• Injured  person receives medical treatment
• A personal injury lawyer is selected
• The lawyer has to analyze the merits of the claim and go through medical records
• If claim is not worth filing a personal injury suit, lawyer informs client and the matter can be settled with the insurance company
• Otherwise, a claim is put together by the lawyer and conveyed to the at-fault party
• Negotiations take place involving all parties. Almost 95% of claims are settled at this stage without a trial
• If the claim is disputed, or the offer made is too small and deemed non-negotiable, a suit may be filed at this stage
• In general a suit is filed only when the full extent of injury is known so that the person has reached the point of Maximum Medical Improvement (MMI)
• Lawsuit is filed within the statute of limitations time-frame
• Settlement is possible at any stage in the process. It may take around two years for the case to be called to trial
• Discovery process takes place in which documents are provided, depositions are taken, questions are asked/answered on either side,  etc. This process could last for about six months to a year
• Mediation and arbitration process is undertaken. Settlement is possible at this stage too.
• When mediation fails, the case is finally called to trial. The date given may not always be the date on which the trial actually takes place, there may be several delays.
• The case may take anything from one day to a week.

Hence, keeping these factors in mind, our experienced Brampton personal injury lawyers can advise our clients accordingly.

Brampton personal injury lawyers often meet potential clients who are concerned about the kind of fees that they will have to pay us if they hire us to pursue their case. This is a very natural apprehension and we make every effort to ensure that our clients receive detailed, clear, transparent information about every aspect of the case, including fees.

Clients are also confused about the different rates charged by different lawyers and law-firms. As with all professionals, there is a governing body to regulate lawyers, viz., in this case, the Law Society of Upper Canada, but there is no regulation on the fees that lawyers are allowed to charge. Hence, the rates can vary according to area of practice, experience, reputation, knowledge etc. with certain exceptions like minors or people with disabilities. In general, the more serious the injuries, the more important it is to hire an experienced, knowledgeable personal injury lawyer.

How Fees Can Be Calculated

In a landmark case in 2000, the Ontario Court of Appeal listed the considerations taken into account while fees are calculated:

• Time spent
• Legal complexity of case
• Degree of involvement in case
• Monetary value of the case
• Importance to the client
• Skills and competence of lawyer
• Results
• Ability of client to pay
• Client’s expectation of a reasonable fee

Almost 95% of personal injury lawyers charge their clients what is known as a contingency fee. This means that no fees have to be paid upfront. Instead, the lawyer or law-firm assumes full financial responsibility in the case, including in many cases, funding medical and household expenses. Many lawyers also provide the No-Win No-Fee contingency. This means that only expenses have to be paid in case of an unsuccessful outcome.

This system is designed to benefit those litigants who are genuinely unable to afford legal services. It allows them to pursue a case which they may otherwise have been unable to do. The lawyer gets paid a percentage of the settlement amount. In general, this would be about 33% of the final settlement amount, but some lawyers may charge between 20-25% plus costs though this is a moot point under the Ontario Solicitors Act. “Costs” refers to expenses like accessing police, traffic, medical records, hiring witnesses, conducting independent investigations, filing fees, serving summonses/subpoenas, expert witness fees, court fees etc.

The contingency fee agreement has to be put in writing and clearly understood by the client. Verbal agreements are not recognized by the law. The contract has to also clearly specify that the client was given the choice of hiring the lawyer on an hourly basis or a contingency basis. The client must be fully involved in making critical decisions.

Settlements are typically divided into the claim portion, costs portion and third-party disbursements. The entire settlement amount paid by the at-fault party is to be paid to the client who then gives the agreed percentage of it to the lawyer.

Our experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers can explain the fee structure in complete detail and answer all your concerns and queries.

As Brampton personal injury lawyers know from their experience in dealing with numerous clients, the initial, first interaction with the client can often set the tone for the relationship. It’s when people have suffered injuries of various kinds – physical, financial and emotional – that they approach a personal injury lawyer. For many, it’s the first time they’re meeting a lawyer professionally.

Purpose of Initial Interviews

Personal injury lawyers provide an initial, free, no-obligations first interview, to evaluate/assess the case from a professional standpoint. They can gather enough information to understand:

• the nature of the claim
• circumstances under which the injury happened
• impact on the client’s life and family
• merits and demerits
• chances of a successful outcome

The other important purpose from the lawyer’s or law-firm’s point of view is to “sell” their services to the client so that they are retained in the case.

From the client’s side, this interview is equally crucial, since they have approached the lawyer in a state of emotional distress or difficulty and want to seek compensation. Clients are also intimidated by the legal process or what they’ve gathered about it from film, television and the print media.

Clients may have concerns about their chances of success, legal costs, possible outcomes, how long the process would take and what exactly they have to go through. They also want to tell their side of the story.

Prepare For The Interview

It’s important that both lawyers and clients are prepared for these interviews, so that it proves fruitful and successful. Since experienced personal injury lawyers meet with clients regularly, they have a standard process of information gathering and interviewing the client.

Clients need preparation before they arrive for the first meeting.

1. Clearly write down/type out your personal details: Name, Age, Address, E-mail, telephone numbers including whom to contact in case you cannot be reached.
2. Family details: spouse, children, parents etc along with a clear photograph of yourself
3. Nature of accident
4. Date, time and location of accident
5. Copies of photographs, videos, etc of the accident if available
6. Contact details of witnesses if any, if available
7. Complete details of all insurance policies held by yourself and family members who reside at the same address as you, including home-owner’s policies. A photocopy of each of these can be provided.
8. Copies of any documents in connection with the case: medical bills, doctor’s prescriptions, police records, bills detailing other expenses in connection with this accident
9. List of injuries and damages to property
10. List of all doctors and therapists, medical facilities, pharmacies, clinics, hospitals, ERs, labs, etc that you have attended in connection with this case.
11. List of all prior injuries and illnesses that you have had, including any prior claims made. Dates and where and when you availed treatment should be provided. All this information will be brought up in the case, so ensure that it’s accurate and honest.
12. If you’re seeking representation on behalf of an organization or corporation, the complete details should be provided. It’s important that you clarify for the lawyer who exactly the client is in this case.

This information can help you and our 24×7 injury lawyers to move forward in the case more smoothly and swiftly.