Dangers That Hide Behind A Slip & Fall Accident

Mississauga is a city which has its location in the southern part of the province of Ontario and it has a population of a little over 650,000 people. The city is considerably large and it is regulated by the rules set forth by the province of Ontario. A particularly interesting subject which is up for discussion in the city of Mississauga is the slip & fall accident. When the common person hears about such an accident the first thing that pops into his mind is a slip that happens due to snowy or icy conditions. However, it’s important to understand that you can slip on a lot of different surfaces due to a lot of different reasons. Common examples are slippery floors in shops and malls due to recent cleaning, residual detergents or even a loose rug that you trip on when you enter.

If you are involved in an accident of this particular kind, the first thing that you should consider doing is to seek medical attention. It’s not uncommon for a lot of people to feel rather embarrassed and humiliated about having to seek attention due to a slip, but this is the most important thing that you should do. This would allow you to properly identify the injuries and take the necessary steps towards your own recovery.

Implementing duty of care

From a legal standpoint, it is termed as duty of care. This is the necessary duty that every occupier is obligated to provide in order to keep people on his premises safe at all times. Now, the law states that the people should be reasonably safe which means that there shouldn’t be any conditions which may cause accidents or at least the visitors should be aware of the risks. The obligations of the occupier as per the Occupiers’ Liability Act consolidated back in 1990 are as follows but definitely not limited to:

  • Keep the floors and the stairs in a proper condition
  • Keep the walkways clear of any ice or other slippery things
  • Keep your floors free of water and slippery detergents
  • Maintain an adequate lighting

A lot of people forget how crucial lighting actually is. There are regulations set forth which determine the amount of light that has to be provided in commercial establishments. It is also the responsibility and at the same time obligation of the occupier to make sure that the building codes are as per the legislation. Most importantly, he has to make sure that the codes are properly abided by. Of course, he could authorize another person to do so but that wouldn’t relieve him from the liability, but he would share it with the responsible party.

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!

Filing A Lost Wage Claim In Brampton

As unfortunate as it may be, the majority of accidents involving vehicles in the city of Brampton, Ontario, often result with some disabilities. This means that the person that had to go through them is often going to experience short or long term disability. This has a lot of harmful consequences on the mentality of the person but it will also result in a loss of income. The reason for this is that he won’t be able to provide the same amount of workforce and his income is going to be reduced respectively. Sometimes the person is not going to be able to work at all and he won’t be able to continue his job and he might be left without his salary at all. It is crucial that situations like this are not left unattended and that they are treated properly because people in position like this should be able to live the normal live that they are entitled to. This is where the legislation of Ontario allows the victim to file the so called lost wage claim.

Statutory Accident Benefits

The claim can be filed towards the auto insurance company, provided that he has an actual and legal insurance contract. Drivers who are insured are entitled to actually get Statutory Accident Benefits from the insurance companies that they have a contract with. This offers them a variety of different benefits in the event of a car accident and one of them is the income replacement benefit. The victim is going to be required to file a claim with the company. However, this claim would recover you to go through a lot of paperwork and to fill out a bunch of forms.

Before you get your hopes all up, make sure to note that you won’t be entitled to the entire amount of the income that you have lost. With this in mind, you are going to be able to get up to 70% of the weekly gross income. There is also a limit of $400 a week. Of course, the victim might have decided to purchase additional coverage which means that the limit of $400 is going to get higher, according to the additional insurance clauses.

It’s also important to note that the period during which you are going to be entitled to receiving this benefit is different. This would depend on the severity of your injuries and the possibility of you getting back your job. Generally the period is for up to 2 years, but if you had to go through incredibly serious traumatic injuries and you won’t be able to work again, this period can get beyond 2 years, depending on every case individually. It is best to hire the services of an experienced personal injury lawyer so that your case gets the right light.

Statistics Regarding Brain Injuries In Ontario

Brain injuries are definitely amongst the most traumatic that a person can go through. At the same time as unfortunate as it may be, they are some of the most common injuries out there. The city of Burlington is located in the province of Ontario and the statistics that are going to be presented here are accounting for Burlington as well. Every single year more than 150,000 citizens of Canada are suffering from brain injuries. The last year of 2015 in Ontario alone, more than 800 children were victims of these severe injuries. However, it is important to know that there is a clear differentiation between traumatic and non traumatic brain injuries. The latter are also referred to as acquired brain injuries.

Brain injuries due to accidents

These are injuries which are the result of a non traumatic event. This means that the acquired brain injuries exclude causes like accidents or direct hits to the head and focuses on degenerative diseases such as cancer, tumors and many more. This is the main difference between both. It’s important to be aware of this fact because when it comes to proving the injury it is crucial to establish that the brain damage was a direct result of the accident and it wasn’t present before that.

If you fail to do so and it turns that it was an acquired brain injury your compensatory claim is going to get dismissed in this particular part. However, here are some facts which regard brain injuries in order to understand why they are so important to the field of personal injury.

  • Brain injuries are 10 times more common than any other spinal cord injury.
  • Canadians which were involved in an accident which caused them a brain injury have suffered from disabilities and have died more than from any other injury out there.
  • More than 12,000 brain injuries are registered in the province of Ontario every single year which lead to disabilities of all kinds.
  • More than 800 people in the province die of some sort of a brain injury every single year in Ontario.
  • It is highly likely that a female person is going to suffer from a brain injury more often than a male.
  • As every other year during 2015 as well the primary cause of a brain injury was a motor vehicle incident.

As you can see, brain injuries happen and they are incredibly relevant. This means that lawyers should be properly informed as to how to address those issues in order to provide their clients with proper legal representation. Make sure to stay updated with the statistics in order to build a stronger case in court. Hiring an experienced lawyer to work on your case ensures that you get the best legal assistance. Most of the brain injuries require specialized treatment and years of rehabilitation and that is why compensation is higher in such cases.

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!

Foundation Of Personal Injury Law In Burlington

Burlington is a relatively small city in the province of Ontario with an approximate population of about 180,000 people. However, one of the main legal fields of expertise for the majority of lawyers is the personal injury one. This is due to the fact that it seems to be the most lucrative and at the same time there is a variety of different cases which pose an interest to most of the attorneys. The area is governed by the local provincial laws of Ontario if they do not contradict to any governmental regulations. However, it is important to understand that personal injury law in Burlington is based upon several factors.

Liability

All of the compensatory claims are usually revolving around the basic concept of the responsibility. To put it into a simple prospective, a person is going to be liable for something if he or she is effectively found guilty of actually causing the injury from which the compensation derives. The injury could be caused consciously or as the result of a negligent behavior. During the trial run, the victim has to prove that he or she has taken all possible measures in order to avoid the accident. This means that if the accident proves to be set-up or caused by the claimant himself, he wouldn’t be awarded any kind of compensation at all.

Coverage of the compensation

Compensatory claims can relate to both pecuniary and non pecuniary damages. The first ones are the direct damages while the latter represent the so called pain and suffering. As you can see, there isn’t a differentiation between both as far as grounds for a case go. However, it’s important to know that the damages that you can claim are limited to a certain amount. Back in 2004 the Supreme Court of Canada issued an effective ruling which basically restricted courts from awarding compensatory claims for more than $300,000. This means that if you want to file a compensatory claim for your personal injuries your non-pecuniary or emotional claim can be somewhere in the range between $1 and $300,000.

Exceptions

Drivers and owners of motor vehicles can’t be brought on charges for non-pecuniary damages unless the accident has resulted in severe damages. Examples are scarring and permanent disfigurement as well as other severe impairment of the health of the victim. Compensation depends upon the level of injuries.

Limitations

There are certain limitations which apply to personal injury law as per the Statute of Limitations. The solution is rather fair but it’s different for every single case, depending on the cause of the accident and the category that it falls within. With this in mind the terms can range somewhere between 6 months and five years.