Category: Personal Injury Law

Unfortunately, wrongful death lawsuits in Ontario are particularly common in civil courts. When someone is fatally injured because of the maleficence of another individual, the family members of the victim are entirely entitled to file a lawsuit against the party at fault for wrongful death. This claim could be brought up against different individuals. However, something that needs to be accounted for is that the same claim can also be filed against companies as well as against government agencies. (more…)

When you are injured in an accident, you are entitled to bring a claim towards the liable party regarding the reparation of the costs for the necessary medical as well as other expenses. It is particularly common to seek specialized and professional chiropractic assistance after you’ve been involved in an accident which has caused orthopedic injuries. This is a common part of almost all rehabilitation programs and it most definitely needs to be accounted for. (more…)

DUI or DWI, it really doesn’t matter – they both stand for the same thing – driving while under the influence of a drug or other sort of opiate or intoxicating substance. The prevailing practice reveals that alcohol is the most common cause for DUI. However, the thing is that this is absolutely illegal and it could cause you quite a lot of troubles. Getting pulled over for a routine inspection during which the officers discover that you are driving under the influence could cost you your driving license, severe fines, administrative liability as well as actual jail time, depending on the severity of the transgression. Hiring a lawyer in a situation of the kind is not only advisable but it’s practically mandatory if you want to walk away with the least amount of consequences.

Things to be Aware of

Being pulled over is the least of your problems. Even if the police officers discover that you are driving while drunk or intoxicated, this has to be determined with blood tests, the execution of which can’t happen unless you permit it. However, it’s absolutely essential that you do call an injury lawyer, if you are experiencing issues because they have a significant amount of experience in cases like this and could help you out. Some of the worst injuries and damages are associated with vehicle crashes that involves drugs, alcohol induced stupor and carelessness that has led to the accident. This is why having a lawyer to support your claim and ensure assistance while dealing with law enforcement agencies is important.

Being Involved in an Accident

That’s the worst part of DUI cases. If you have been drunk driving or driving under the influence of any other sort of opiate which isn’t allowed, you are going to have considerable issues with the law authorities, especially if you fail to hire experienced DUI lawyer in Ontario. The reason is pretty obvious, yet a lot of people fail to grasp its’ full value – not only is it illegal to drive while drunk or under the influence, it’s also incriminated in certain situations. With this in mind, you might be facing criminal charges, especially if there is a victim involved. What is worst, you would be stripped of your compensatory rights because no insurance policy is going to take your claims seriously and they are going to get denied right away.

Your only considerable chance is to fight the report or to go for a settlement offer. Luckily for you, as your legal aid being the professional and experienced DUI lawyer could definitely help you out with both. They have extensive practice in the practice area and are well aware of how to make the most out of the terrible situation that you’ve put yourself in. Only an injury lawyer will be able to assist you while trying to do it all alone might be difficult.

ll of the civil legislation of the province of Ontario governs the reparation of different types of injuries. The truth is that the majority of accidents are going to cause orthopedic injuries and they are without a doubt the most common type. That’s why the majority of provisions and statutes such as the Occupiers’ Liability Act, the Ontario Highway Traffic Act, the Dog Owner’s Liability Act, the Insurance Act of Ontario and many more are all focused towards the reparation of damages, both physical and emotional. Let’s go ahead break it down and see how the different legislations are going to regulate the compensation of physical injuries.

The Dog Owner’s Liability Act which was pushed forward back in 1990 on the 31st of December clearly defines the liability of the owner of the dog which has caused the damages. He is liable for all of the physical damages which the victim has had to incur as a result of the attack of the animal. This, however, doesn’t only cover the orthopedic injuries but also the emotional ones which are most commonly referred to as pain and suffering.

The Occupiers’ Liability Act which was enacted on the same day as the previous piece of legislation is also providing broad responsibility for the occupier if someone has been injured, while passing his premises. This is also a fair solution and of course the legislation also governs the determination of compensation for pain and suffering as well.

The Insurance Act of Ontario, on the other hand, is the one which governs the responsibility of the insurance company towards compensating the insured for the damages that he is covered for under his particular personal insurance company. For the most parts, we are talking about orthopedic injuries.

However, it’s also worth noting that orthopedic injuries can be manifested in a variety of different forms. The term itself encompasses a wide range of different damages such as broken bones, ripped muscle tissue, ripped tendons and dislocated joints amongst many other injuries. However, the truth is that the majority of orthopedic injuries wouldn’t have that serious of consequences but they shouldn’t be underestimated. As a matter of fact, the range of orthopedic injuries is so wide that some might cause temporary pain which goes away for a couple of hours while others might cause tremendous complications and even permanent disabilities. This is why it’s impossible to gather them under one uniform term and talk about them in general. Every orthopedic injury is subjected to different compensation as per the consequences that it’s going to bring. This is why orthopedic injuries are an integral part of the law, even though they are primarily a part of the medical profession.  However, lawyers work in close proximity with the doctors to ensure that the fair and just settlement is reached.

 

Now, the first thing that you need to understand is that “whiplash” is a commonly used term which describes the injury which results from an abrupt flexion of the neck in a back-and-forth manner. This is quite commonly observed in different accidents – mostly motor vehicle ones. The thing that you should be concerned with is that whiplash can actually be particularly painful and also rather disruptive. It could prevent you from doing your job or conducting your daily affairs in a convenient way. This is when you might want to consider filing a claim.

Key Considerations

When it comes to whiplash, however, seeking medical treatment on the spot as soon as you can is absolutely critical. This is even if you feel the slightest amount of discomfort or pain. Keep in mind that whiplash, as well as other common injuries wouldn’t be symptomatic right away but they would manifest further on and cause you tremendous pain.

When you present the doctor with the facts revolving around the accident he should be able to look for the particular signs of the injury which could actually be unnoticed in other circumstances. With this in mind, it is particularly important to get the first disclosure of the condition from the doctor. In the majority of the situations the adjusters are going to be suspicious, to say the least, when it comes to a whiplash so you need to make sure that everything is handled as per the protocol.

File your claim quickly

The sooner you file your claim the quicker you might get the compensation for your damages and consequential medical bills. This is particularly important. As Ontario is governed by the Rules of Fault Determination in the Insurance Act of Ontario and there is a “No fault” rule, you have to notify your insurance company right away.

Keep proper paper trail

This is absolutely paramount for your whiplash case. Keep in mind that filing for whiplash is not an easy undertaking and it’s far from being a “sure-thing”. With this in mind, you might want to keep you chances in the positives by ensuring that you have all the necessary paperwork. Every time you make some sort of an expense related to the injury, you might want to get a receipt for that and store it away in your file for the case. This is going to provide you with the necessary documentation that you need in order to meet the burden of proof in this particular case. It’s important that the document clearly shows that every expense is made in relation with the injury. This is also going to definitively determine the amount of your claim. Allow an experienced lawyer that specializes in tort cases to handle your case as well. They understand the nuances and loopholes of tort laws and will be able to help you get justice.

Like it or not, as per the current local legislation set forth in the province of Ontario, the “no fault” rule is in effect and you can seek reparation through your insurance company, regardless of whether you are at fault or not. For the most parts this is a particularly fair solution but it also pins you again insurance adjusters which could be quite difficult to handle. With this in mind, we’ve prepared a few helpful tips that you can take advantage of in order for the entire thing to be processed aster.

Things to do when dealing with the adjuster

It goes without saying that there are certain things which are going to help you out a lot in the entire situation. Let’s take a look:

·         Be organized. Keep the documents of your claim neatly organized. Put the most recently issued documents on top in order to make them easily accessible and in a chronological order. This is going to make things quite comprehensive for you and for the adjuster.

·         Assist him as you can. Whenever you can assist him with anything about the procedure – go ahead and do so. This is going to spare you time and it’s going to move the procedure forward.

·         Don’t be afraid of a lawsuit. Sure, this is something that you generally want to avoid but believe me – he wants to avoid it even more. Insurance companies do not want to risk reaching a court ruling and you shouldn’t be afraid to bring it up if you need to.

·         Be firm. Do not accept offers that do not suit your claim or which are obviously a lot lower than the ones you should get – it’s what they want you to do. However, it is better to wait and ask for more than settle for the first sum that they offer.

Things NOT to do when dealing with the adjuster

There are, of course, things that you shouldn’t do when dealing with your insurance company’s adjuster. They include:

·         Do not be an imposition. Don’t call him every single day to find out how it goes. If he’s not calling you he doesn’t have any news. Sure, you should call every once in a while to make sure that your case isn’t thrown at the back burner but that’s all.

·         Do not threaten. You might be pretty courageous about going to court but keep in mind that insurance companies have entire legal departments which are suited to fight you in trial. While they might not prefer it and want to avoid it, they sure know how to handle a case as they’ve done so hundreds of times.

Basically, these are some of the things that you might want to take into proper account. As the role and responsibility of the insurance adjuster is high, it is good to be polite yet firm or allow your injury lawyer to deal with him.

Medical malpractice cases are more common than we’d like them to be and that’s a fact. However, just like any other personal injury law case – you would have to deal with insurance companies. Of course, the premises are completely different and there is no place for the “no fault” rule when it comes to medical malpractice but you would once again have to deal with insurance companies and their adjusters.

Why? Well, because mistakes tend to happen and the medical professionals can’t work under pressure of committing something that might render them liable for hundreds of thousands of dollars. In order to ensure their professional attitude and unburdened practice, every single doctor is covered by a professional insurance policy which covers these sorts of damages. This makes the matter more complicated for the plaintiff. However, there are things that you need to take into account.

The coverage of the policy

The first thing that you would need to account for is the coverage of said policies. They are usually signed for a certain period of time. This means that if the injury that the claim is targeting has happened in the period that’s covered – the insurance will be in effect. However, if the injury has happened after the expiration of said policy, the situation would change dramatically and the doctor might be required to pay out of his pocket. However, one of the things that you should be informed is that the moment of importance is the moment of the injury and not the moment of the filing – the solution is perfectly reasonable as the alternative would leave the door open for abuse.

So, what happens if the injury has occurred after the expiration date of the original policy? That’s when the tail policy can kick in, provided the medical professional has subscribed for it.

What is a doctor’s tail insurance?

This is the insurance which is designated to cover situations of the kind. Of course, the premiums for it are higher and that’s why some doctors would opt out of it. But when the need presents itself, you can save up quite a lot of money as medical malpractice cases are certainly not cheap.

As you can see, even in a case of the kind you would have to deal with insurance companies. This might be a bit burdensome but at least it’s some kind of reassurance that you are up against an entity which has the financial means to pay a lot of money. That’s why cases of the kind are usually followed through in trial and not settled outside of the court. You are going to need a great personal injury lawyer, though as the cases go on trial and various aspects will be covered to prove medical malpractice. That is why as a victim, it is best to seek a successful injury lawyer that specializes in medical malpractice which includes negligence, misdiagnosis and more.

The quick answer to this question that every single personal injury lawyer in Ontario is going to give you is always. Negotiations are far more lucrative than trials. Sure, you may be required to get a lower amount of money than your case is actually worth but the truth is that this is going to save you time, effort and most importantly – your piece of mind. Trials are long, especially in Ontario. In fact, the courts are so over flooded with work that if you file a motion for a hearing today, you are likely to get the actual hearing somewhere in 2018. That’s right, it’s not unheard of and in fact it’s becoming quite common for personal injury claims to take several years to get resolved through a trial procedure.

So, with this being said, settling the case through negotiations is far more lucrative for you and for the insurance company. Why is that, you may ask. Well, the more you postpone the case and the stronger your argument is, the more money the insurance company is going to have to pay you. This is due to the fact that there is an interest rate that accumulates from the moment your insurance was due to the moment it was actually paid off. In case of a trial, the majority of lawyers are going to advise you to claim this interest.

Looking at matters on your behalf, a quick settling of the case means that you get to move on with your life as quickly as it’s possible. The last thing you want after being involved in a traumatic injury and having undergone series of complicated medical and rehabilitative procedures is to get engaged in a year-long trial at the least, if not longer. Your priority should be to get your compensation as quickly as you can and get it over with sooner rather than later.

What is more, the quicker you get through the case, the easier it would be for you to get actual compensation. As this thing gets dragged through time, new information could come to light which might compromise the integrity of your claim. Insurance laws change quite often in Ontario and the last thing you want has to wait for a debate on whether the new laws are going to affect pending cases such as yours.

So, you should always try to get the case settled with negotiations. Though it is best that you hire an excellent lawyer to negotiate on your behalf, and deal with the insurance adjuster. This is because they are more knowledgeable about all aspects of the claim settlement. This is the quickest way for you to get it over with and it’s by far the overly preferred by the majority of claimants. It’s a fact that most of the personal injury claims never even get close to a court room and get settled way upfront through sound negotiations.

Spinal cord injuries are amongst the most dangerous once that could occur after an accident. Unfortunately, just like orthopedic injuries, they could be the result of almost any accident with the exclusion of dog attacks, probably. However, motorcycle and car accidents, pedestrian and public transit accidents and slip and fall are all too common cases in which spinal cord injuries tend to happen. With this in mind, it’s important to understand that every single area is governed by different set of statutory provisions and laws which are particular and concise and the injuries are going to be set forth in them. These pieces of legislation include the Occupier’s Liability Act, the Insurance Act of Ontario and the Highway Traffic Act.

However, it’s worth noting that spinal cord injuries are particularly dangerous and severe. The spinal cord is an essential part of your body and when even slightly damaged it’s capable of causing grave consequences. This is because that’s basically the inter connector of your entire back and lower body and if even the slightest damage occurs this is capable of rendering you unable to move certain body parts for the rest of your live. Spinal cord injuries are the main cause for long-term disability and when it comes to it, there are a lot of specific claims to be filed.

Long-term disability would generally suggest that the victim is going to start receiving some sort of disability payment – a pension. This is paid either by the one who caused the accident or by the insurance company, provided that the injured had been insured for this particular risk. In any case, the disability is likely to render him unable to produce the same amount of work as he did before and this is going to result in a loss of income because your employer won’t be able to pay you as much, provided you are even able to keep your job in the first place. Your lawyer is going to ensure that the insurance company does not lowball you on the amount of damages provided.

As per the legislation governing this particular area you are going to be entitled to sue for the difference of what you are getting as a compensation and your income prior to the accident. This is pretty convenient and it provides a lot of security for the permanently disabled as it allows them to maintain a proper lifestyle despite of the fact that they are no longer capable of providing the same amount of work.

When it comes to spinal cord injuries, it’s important to note that they are related with grave pain and suffering. The entire endeavor is related with terrible aches, disability and in some cases, complete paralysis which are going to lead the door wide open for compensatory claims in this particular regard as well. The amount of compensation that the victim qualifies for depends upon the level of injury and disability that has been rendered due to the accident.

 

Being involved in a personal injury case is definitely overwhelming. However, once it’s all through and you’ve recovered, you might want to start considering getting that compensation from the insurance company that you are legally entitled to. With this in mind, you’d be interested to know that the best way to do so in Ontario would be for you to engage in transparent negotiations. This is due to the fact that using the services of the court is particularly daunting. Courts in Ontario are flooded with work and it takes around 2 years to get a hearing. That’s right – two years to get a simple hearing and you have no idea how much is it going to take from then on.

Instead, you should start working on your negotiation strategy. It’s really important to determine whether you got the upper hand or not. This is going to determine the way you approach the negotiation table with the adjuster. Let’s see how it goes either way.

You have solid grounds for your claim

You’ve done your homework – all of the information is gathered, all the proof is there, everything is in line, you have the legal merit behind you and you are ready to go. This is the best possible situation you can be in and you should take advantage of it. Put your insurance company over a barrel and make sure that they realize it. Be aggressive; ask for the entire amount without hesitating. Decline everything that’s lower than what you are entitled to unless you are in need of quick cash. In that case, make sure to determine the authority of the adjuster and work with it.

Your insurance company has the upper hand

You don’t have everything it takes to make a stellar case in court and you are worried about how much cash you can get. The first thing to do is to hire a reputable personal injury lawyer with a backbone who’s not going to tolerate being pushed around. This is absolutely important if you want to have any chance of getting proper compensation. There’s nothing worse than being at a disadvantage and your adjuster realizing it. He’s going to use this to his advantage and make sure that he makes the most profit out of your case. Of course, you also have a move – threaten lawsuit.

Insurance companies do not prefer going to court. While the case is pending, the amount of money that’s being debated can’t be reported as profit as the outcome of the case is not determined. This is your hidden play. Don’t be afraid of the court – use it to your advantage whenever you have to but be careful.