Does Ontario Family Law Cover Wrongful Death Claims?

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…)

Will Your Insurance Claim Cover Chiropractic Treatment?

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…)

Is The Car Accident Filed As Claim For Driving Under The Influence (DUI)?

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.

Are All Orthopedic Injuries Covered By Tort Laws In Ontario?

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.

 

Critical Consideration When Filing Claim and Seeking Compensation Whiplash

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.