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  • Toronto Car accident lawyers: What are some of the most important questions to ask?

    February 28, 2019

    I understand that family members of persons injured in car accidents may also have the right to sue. 

    Toronto car accident lawyers know that when people are injured in accidents, they are not the only ones affected. These mishaps leave their physical, financial and emotional impact on family members too. Ontario laws allow them to make claims under categories like loss of care, guidance and companionship, loss of shared family income, loss of household services, death and funeral benefits, reimbursement of counseling fees in case of emotional trauma, etc. If the damages awarded cross $50,000 there are no deductibles. The eligible family members include spouse, children, siblings, grandchildren etc. We can help you put together a robust claim that establishes the real impact of the accident on the family members of the injured person. Many clients are unaware that their family is also entitled to receive compensation separate from their own claims. This and other useful information can be provided when you consult our highly trained and experienced team in Toronto. 

    Who are expert witnesses and how do they affect my claim? 

    Toronto personal injury lawyers know from experience that to present a strong claim, it has to be backed by reliable and robust evidence. To prove negligence or fault, establish ownership, prove the nature and extent of injuries, the causes of the accident, the impact of these injuries on the victim etc, the evidence is a must. Otherwise, your claim will not stand and insurance companies and at-fault parties can easily dismiss or dispute it. Expert witnesses are hired by both parties to prove their own claims and to counter the other side’s claims. For instance, medical experts can provide assessments, conduct reviews and tests, recommend treatment and therapies, offer their opinions on the nature and extent of injury and its impact, and produce medico-legal reports. Similarly, automobile experts, engineering experts, etc. may be called to give their testimony. These experts are supposed to provide objective, non-partisan and fair opinions. We can help you to contact genuine experts for this purpose. 

    The at-fault party’s insurance-carrier has hired a private investigator to follow me. Is this legal? 

    Toronto personal injury lawyers know from experience that insurance companies can and do hire private investigators in search of information to contradict the victim’s claim. These private investigators may follow the victim, conduct surveillance 24×7, dig into your background/financial/health status, talk to your neighbors, friends and co-workers, etc. They can also click photographs and shoot video-footage. Today, rich information is available through your online presence on social media. These platforms are regularly browsed through by investigative agencies to get information that they can use. The main aim of such surveillance is to find evidence that can contradict or weaken your claim. There are certain limits that these agencies have to follow under Ontario’s Private Security and Investigative Services Act 2005. They are not allowed to record/photograph people in private homes, tap phones, or harass you, your family and friends. When you suspect surveillance, contact your personal injury lawyers, and don’t panic because you haven’t done anything wrong. 

    Can a parent represent their child who was injured in a car accident? 

    Toronto car accident lawyers can give you the right advice in this matter. If a minor child is injured in a car accident, due to someone’s fault or negligence, he/she is entitled to get compensation. The parent can take suitable action on behalf of the child after being appointed as the child’s “litigation guardian.” That means the child is held to be under a legal disability unless the claim is for under $500. This enables you to pursue a claim on their behalf exactly as in the case of other compensation claims. In case there is no suitable person, the court can appoint an official guardian or public trustee. If you are a parent acting as your child’s litigation guardian, it’s wise to hire an experienced personal injury lawyer to help you with the entire process, as there are several complex legal, medical and insurance issues involved. Settlement funds are usually held in trust until the child turns 18, with certain exceptions. 

    I was being treated for a medical condition before my accident. Can I still claim compensation for injuries? 

    Toronto car accident lawyers and Toronto slip and fall injury lawyers often meet clients, who are anxious about their accident injury claims being rejected because they had a pre-existing medical condition. In many cases, the injuries suffered in the accident can aggravate or worsen the condition, leading to more injuries and setbacks. Under Canadian law, the defendant has to take the victim “as he finds him.” Hence, no matter what the prior health status, clients are still entitled to claim compensation for losses and injuries suffered in the accident in question. There are also cases where the victim is particularly weak or sensitive and suffers greater injuries that others typically may have done. This is known as the “thin skull” principle in law and the amount of compensation can vary according to the circumstances in each unique case. We can help you put together a strong claim, to get you the compensation you deserve.

  • Toronto Car accident lawyers: What are some of the most important questions to ask?

    February 28, 2019

    I understand that family members of persons injured in car accidents may also have the right to sue. 

    Toronto car accident lawyers know that when people are injured in accidents, they are not the only ones affected. These mishaps leave their physical, financial and emotional impact on family members too. Ontario laws allow them to make claims under categories like loss of care, guidance and companionship, loss of shared family income, loss of household services, death and funeral benefits, reimbursement of counseling fees in case of emotional trauma, etc. If the damages awarded cross $50,000 there are no deductibles. The eligible family members include spouse, children, siblings, grandchildren etc. We can help you put together a robust claim that establishes the real impact of the accident on the family members of the injured person. Many clients are unaware that their family is also entitled to receive compensation separate from their own claims. This and other useful information can be provided when you consult our highly trained and experienced team in Toronto. 

    Who are expert witnesses and how do they affect my claim? 

    Toronto personal injury lawyers know from experience that to present a strong claim, it has to be backed by reliable and robust evidence. To prove negligence or fault, establish ownership, prove the nature and extent of injuries, the causes of the accident, the impact of these injuries on the victim etc, the evidence is a must. Otherwise, your claim will not stand and insurance companies and at-fault parties can easily dismiss or dispute it. Expert witnesses are hired by both parties to prove their own claims and to counter the other side’s claims. For instance, medical experts can provide assessments, conduct reviews and tests, recommend treatment and therapies, offer their opinions on the nature and extent of injury and its impact, and produce medico-legal reports. Similarly, automobile experts, engineering experts, etc. may be called to give their testimony. These experts are supposed to provide objective, non-partisan and fair opinions. We can help you to contact genuine experts for this purpose. 

    The at-fault party’s insurance-carrier has hired a private investigator to follow me. Is this legal? 

    Toronto personal injury lawyers know from experience that insurance companies can and do hire private investigators in search of information to contradict the victim’s claim. These private investigators may follow the victim, conduct surveillance 24×7, dig into your background/financial/health status, talk to your neighbors, friends and co-workers, etc. They can also click photographs and shoot video-footage. Today, rich information is available through your online presence on social media. These platforms are regularly browsed through by investigative agencies to get information that they can use. The main aim of such surveillance is to find evidence that can contradict or weaken your claim. There are certain limits that these agencies have to follow under Ontario’s Private Security and Investigative Services Act 2005. They are not allowed to record/photograph people in private homes, tap phones, or harass you, your family and friends. When you suspect surveillance, contact your personal injury lawyers, and don’t panic because you haven’t done anything wrong. 

    Can a parent represent their child who was injured in a car accident? 

    Toronto car accident lawyers can give you the right advice in this matter. If a minor child is injured in a car accident, due to someone’s fault or negligence, he/she is entitled to get compensation. The parent can take suitable action on behalf of the child after being appointed as the child’s “litigation guardian.” That means the child is held to be under a legal disability unless the claim is for under $500. This enables you to pursue a claim on their behalf exactly as in the case of other compensation claims. In case there is no suitable person, the court can appoint an official guardian or public trustee. If you are a parent acting as your child’s litigation guardian, it’s wise to hire an experienced personal injury lawyer to help you with the entire process, as there are several complex legal, medical and insurance issues involved. Settlement funds are usually held in trust until the child turns 18, with certain exceptions. 

    I was being treated for a medical condition before my accident. Can I still claim compensation for injuries? 

    Toronto car accident lawyers and Toronto slip and fall injury lawyers often meet clients, who are anxious about their accident injury claims being rejected because they had a pre-existing medical condition. In many cases, the injuries suffered in the accident can aggravate or worsen the condition, leading to more injuries and setbacks. Under Canadian law, the defendant has to take the victim “as he finds him.” Hence, no matter what the prior health status, clients are still entitled to claim compensation for losses and injuries suffered in the accident in question. There are also cases where the victim is particularly weak or sensitive and suffers greater injuries that others typically may have done. This is known as the “thin skull” principle in law and the amount of compensation can vary according to the circumstances in each unique case. We can help you put together a strong claim, to get you the compensation you deserve.