Legal Assistance for Victims of Catastrophic Injuries

No one ever leaves there thinking they will sustain catastrophic injuries in a vehicular accident and leave their families financially devastated.  What would you do if this happened to you? Would your family know how to conduct its daily affairs and be financially secure if you were ever incapacitated? It’s never easy talking about this subject.  But the reality is that catastrophic injuries happen so you and your family they need to know what to do and what to expect.

Statistics to be concerned with

The most common catastrophic injury claims that an injury lawyer in Mississauga and his or her legal team represent in today’s world are spinal cord and traumatic brain injuries.

According to government statistics, Ontario Province records 600 new cases of spinal cord injuries on an annual basis.  That’s more than 1 every day of the year.  Current estimates show that over 33,000 people in the Province are living with this type of injury as this content is being written.

Furthermore, 1 out of every 200 Canadians suffers a traumatic brain injury each year, 18,000 of which will happen in Ontario Province.  In addition to this, 35 individuals are admitted to hospitals on a daily basis and it has been estimated that 5,000 children will sustain catastrophic injuries this year.  Finally, 50% of all traumatic brain injuries are attributed to motor vehicle accidents (30%) and sports (20%).

Common Catastrophic Injury Claims

A personal injury lawyer and their legal teams can increase your chances of recovering a much better settlement for your catastrophic injury damages than what you would experience on your own.  These types of injuries usually include:

 

  • amputation and permanent disfigurement
  • back, spinal cord, and vertebrae
  • broken bones and fractures
  • burns and scarring
  • fatal accidents and wrongful death
  • injuries to children and infants
  • paralysis injuries (paraplegic, quadriplegic)
  • traumatic brain

 

Hiring a personal injury lawyer is always recommended under these circumstances.  It is the only way to ensure that your rights to compensation will be protected in Mississauga.  Plus, the last thing you or your family members need is the stress of trying to navigate the legal process in these types of cases.

The Need for Experienced Legal Representation

In the field of personal injury law, catastrophic injury cases can be extremely complex and time-consuming.  Therefore, the victims of these injuries will have to rely on the experience and expertise of a personal injury lawyer who specializes in these types of claims.  If a personal injury claim cannot be settled out of court, it will have to be tried in front of a judge and jury – and that could take years before you or your family will ever see any compensation for damages.  Fortunately, more than 90% of Ontario personal injury claims are settled without ever going to trial.  However, it is important that your legal counsel is experienced.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Assessing Damages in a Personal Injury Claim – Part I

In Burlington where an individual is injured in a motor vehicle accident that was caused by another person’s careless, negligent, or reckless behavior, a personal injury lawyer can ensure that they are compensated for damages.  In most circumstances, when the defendant or at-fault party is legally responsible, an insurance company will compensate the plaintiff or person who has been injured in the accident.  The actual dollar amount is established before personal injury cases end up in court.

 

However, in Ontario Province, over 90% of all personal injury claims are settled out of court and never go to trial.  For the victim, this means that they will be receiving their settlement relatively soon, whereas they could be waiting for months or even years before their claim is settled by a judge and jury.  This is also true when you consider the fact that personal injury cases can be very complex and take years to resolve when large sums of damages are at stake.

 

Compensatory Damages

 

There are a number of factors that must be considered in these types of cases, one of the most important of which is compensatory damages or monetary compensation that is intended to make the person financially whole again.  While some compensatory damages are relatively easy to quantify such as reimbursing the person for their medical expenses, others are considerably more difficult to determine.  For instance, what is a person’s pain and suffering worth? From a legal perspective a personal injury lawyer in Burlington and their legal teams are skilled at quantifying these amounts.

 

Common Damages in Personal Injury Claim

 

While there are numerous types of damages, there are several that are fairly common throughout personal injury lawsuits including:

 

    • Attendant care
    • Family member claims
    • Home maintenance and housekeeping
    • Lost income including future income
    • Pain and suffering
    • Property loss
    • Reimbursement for current and future medical treatment expenses

 

If an individual sustained injuries in a motor vehicle accident, they will need to meet certain criteria or requirements, known as the “threshold”, in order to be awarded any damages for their pain and suffering.  In these types of personal injury cases, the injuries that a person has sustained must have led to one of the following:

 

      • death of the plaintiff
      • permanent disfigurement (amputation, scarring, etc.)
      • permanent impairment of important functions (physical and psychological)

 

If your pain and suffering claim meets the threshold listed above, it will be allowed. Talk with your lawyer about the amount of compensation you are eligible to receive. They will be able to judge the merits of your case and help you get the guidance you require.

 

The importance of hiring a personal injury lawyer to handle your claim cannot be overstated.  The assessment of damages is a key element in personal injury cases.  In Part II, you will find information on family member claims and how a plaintiff’s actions or in actions can impact the outcome of their personal injury case.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Mistakes Made By Victims of Car Accidents

Even though the government and the provincial authorities are trying their best in order to raise as much alertness as it’s possible, it is still quite common for victims of car accidents to make a lot of mistakes. This is generally due to the fact that they are not well aware of their own rights and with the procedures that need to be followed in an event of this kind. The city of Toronto which is located in the province of Ontario is the largest city in the country and it has a population of nearly 3 million people. As you can imagine, there are a lot of car crashes which take place every single day and here are some of the most common mistakes that most of the drivers make.

They don’t call the police.

Now, it’s true that most the law clearly states that if the damages on the car are for less than $1,000 the driver doesn’t have to call the police. Now, this is a controversial provision for one particular reason. While it may seem as logical not to waste time of the authorities for inconsiderable damages, it is simply impossible for the driver to assess the cost of the damage at the time of the accident. It usually takes some time for the car to get repaired and the mechanics are the ones who would give you your total bill. Of course, if it’s about a scratch or a simple dent in the car, you can probably assess it on the moment but this also depends on the type of car that you are driving. Getting the police to document the accident is crucial and it serves as a proof in court. The report is what you will use in order to claim damages from the opposite party and it’s the document which states the parties in the trial.

They fail to seek medical attention

Regardless of the damages, seeking medical help is mandatory. If the accident wasn’t serious enough you might initially fail to feel any strong pain and you can only feel uncomfortable. However, make sure to visit the doctor in order to get a quick brief on your condition and to determine whether or not there are some internal damages.

They talk with the opposite insurance company

The insurance company of the driver at fault is likely to ask the victim about the accident. You don’t have a duty to provide them with any information – they have to get it themselves. Keep in mind that whatever you say can be used against you, if there is a trial brought up. This is why it’s better not to converse with them at all. Let your lawyer deal with the insurance company and the defendant. That is because they will consider all of the statements and communication in the legal light before replying. This helps to be within the purview of law.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Measures Taken By Legislation To Prevent Car Accidents

Brampton is a city in the province of Ontario and each year hundreds, even thousands of car accidents occur on its territory. The reasons for this are various. Even though there is a fair share of accidents which happen due to improper road conditions and events which couldn’t be controlled by the driver, the majority of accidents are always going to be caused by negligence. The form of the negligent behavior can be various and it is definitely different in every single case. However, distraction is definitely leading the charts. People are beginning to talk on the phone while they drive.

They are also texting and reading different things on their phones. This seriously contributes to the increasing number of car accidents that happen. It is of vital importance to understand how terrible can a car accident actually finish. The consequences are often facial disfigurements, scars, broken bones, dislocated joints and even death. The fact is that car accidents are the most common cause for death amongst every other accident out there.

This is why the legislation of Ontario is struggling to introduce new methods of fighting with these increasingly popular trends. Back in 2014 it was stipulated that the drivers which use handheld devices while operating the vehicle in order to conduct activities such as talking, texting or writing an email can face a fine of up to $1,000. Now, in addition to that the driver is going to be stripped out of 3 demerit points. The legislation got an immense acceptance in the government and it was unanimously passed on the 2nd of June back in 2015.

According to the Provincial Police of Ontario the distracted driving is definitely the leading reason for the majority of car crashes. It has caused more deaths back in 2014 than any other form of negligence such as speeding. It has even caused more accidents than impaired driving. It is very important to safeguard the pedestrians, your own self and passengers in the vehicle.

However, it’s also important to note that the legislation is also addressing other issues which seem to be trending for the last few years. Driving under the influence is also becoming a tendency amongst young people and this is why the rules are getting even stricter there. It is also important to know that the legislation is also providing a lot of rules for bicyclists as well as for pedestrians.

All in all, it is safe to say that the province of Ontario in tight assistance with the Provincial Police is working on making the laws and provisions incredibly effective. This is the only way that accidents of this particular type can be prevented. It is important to raise a lot of alertness among young and inexperienced drivers and to inform them on the seriousness of the matter.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Why and How To Report Your Accident to the Insurance Company

The fact is that every single day people are involved in a variety of auto accidents and one of the most common vehicular incidents in the province of Ontario involves a motor cycle. This is due to the fact that they are a lot more dangerous than cars as they simply do not provide the same level of protection. As a result most of the cases end in some terrible physical injuries and emotional trauma that can last for a lifetime. However, once you are through all the stress the time comes to start searching and fighting for your rights. Here are few of the things that an injured person should do as per the personal injury law of town of Mississauga.

The Insurance laws of Ontario and Mississauga clearly state that you should report the accident no more than seven days after it happened, regardless of who the fault belongs to. However, you should take into consideration that this term is instructional and it won’t preclude your rights to seek compensation. However, you must state the reasons for which you failed to report the mishap within the term and if you don’t have good reasons, you might be denied the compensation.

Assigning fault

Now, it is very important to note that the province of Ontario abides by the Rules of Fault Distribution and every accident includes assigning the relevant amount of fault to both parties. The driver can have anywhere between 100 percent and zero percent at fault ratio. After the fault distribution is through, the compensation is going to be paid accordingly, taking the relevant per cent of your fault. This means that if you have 0% fault, you will receive the entire amount of money. However, it is also important to know that every insurance broker and company have their own methods of calculating and assigning fault, so make sure to go through your insurance policy properly. Talk with a lawyer today to understand how you can get maximum compensation in your case.

Filing compensatory claims

Compensatory claims are also a common way for a personal injury case involving a motorcycle accident to go. The claims are filed through the court and they are addressed to the opposite party. The opposite party can be anyone who you are holding responsible for paying off the relevant compensation. This could be another person, an insurance company or even the government. However, the Statue of Limitations limits your right to seek monetary compensation and you would have only 3 years after the accident to file your claim. This term is precluding your rights to seek monetary compensation, which means that once it is through you won’t be able to get compensated for the damages that you had to undergo.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!