Is There A Liability On Uber If There Is An Accident?

This new application, Uber is without a doubt a revolution in the world of online apps. It’s something that allows people to call a driver with his own car to come and pick them up and drive them to the necessary location. While it may sound a lot like a cab service, and that’s its main designation, the personal experience is overly beneficial and that’s the main reason for which it has become so popular. Furthermore, Uber, unlike regular cab services has quite a lot of perks like GPS tracking and many more which are going to help you out.

What is more, if you own a vehicle and you want to sign up, you can earn a few extra bucks by driving people around. Now, it’s clear that Uber poses a lot of benefits because it saves the client a significant amount of money and it delivers a few additional bonuses. However, it’s also important to note that there are plenty of aspects that need closer scrutiny that has to be taken into account when it comes to liability in case of an accident.

Now, unfortunately, in Ontario, given the fairly recent release of the feature as well as the nature of the application, the legislation is rather uncertain. The motor vehicle insurance is mandatory but the majority of the basic insurances wouldn’t go so far to cover commercial activities. And, in the case of carrying passengers who are actually paying for the trip, this is very much a textbook commercial activity. Whether insurance is going to be available to compensate the Uber driver, passenger or even a pedestrian who is actually hit by the Uber vehicle is rather unclear.

The Insurance Bureau of Canada, which is the official representative of a lot of major insurance companies in the country, has managed to issue a few warning of the potential risks which accompany using online services. They outline the nature of the risks as well as the fact that insurance is an uncertain point of inquiry and that the current legislation doesn’t guarantee a certain positive answer.

Now, the truth is that UBER is very convenient and that’s why it has managed to go viral and worldwide in a matter of months. However, when calling your regular everyday UBER car, make sure that you always have this thing in mind. You can also extend your insurance should the company offer an extension on it.  Even if there aren’t currently insurance policies which could be extended to cover damages of the kind, given the rapid temp of advancement that the application boasts there are soon to be certain companies who would offer insurance to users. That’s certain.

However, you might want to consult your lawyer if you or a loved one was involved in an accident with Uber and need to be compensated for your damages.

How To Proceed If the Insurance Company Denies Your Claim?

Now, if you’ve been involved in an accident and want to seek compensation of the damages that you’ve had to incur as a result of said accident, you’d normally file a claim to your insurance company. In the best case scenario, you are going to be assigned an adjuster who’s going to conduct an investigation of the accident and adjust your compensation accordingly. If you are in luck, the compensation is going to be comparatively relevant and you are going to get a good amount of money. However, that’s not always the case.

In certain situations, the insurance company might as well deny you the claim and refrain from awarding you with compensation. This is something which is not so uncommon. That’s why it’s important to be well aware of your options.

Regulations for insurance It is very important to be aware of the fact that you have options available even if you’ve been denied the claim or you disagree with the company on certain aspects of the claim such as the amount, most commonly. The insurance industry as a whole is governed and regulated by the FSCO (Financial Services Commission of Ontario) as well as by the Insurance Act. They set forth the rules and regulations for all of the insurance companies to follow.

There is one particular section – section 280 of the Insurance Act which states that either one of the parties can effectively refer a disagreement or the insured party should refer to a mediator. If the mediation fails, then both parties are entitled to go ahead and proceed with arbitration or court procedure. The mediation is usually a non-binding proceeding in which someone outside of the argument is going to hear the statements of both parties and make a decision for them. The arbitration procedure is the same but the difference is that the decision of the arbiter is binding for both parties.

Now, as per the general legislation of Ontario, you will have two years to file a claim, start mediation or arbitration. So, it’s safe to say that even if the insurance company goes ahead and denies your claim for compensation or the amount is widely inappropriate, you still have quite a few options in front of you. This is something incredibly beneficial because it provides you with a large path to maneuver and be flexible in negotiations. The best thing you can do is hire an experienced lawyer to handle all of the negotiations and procedures. This is going to ensure that everything is handled perfectly and up to the highest industry standards – something that can very much get you the much desired compensation. The main reason is that the lawyers understand the nuances of the laws and regulations pertaining to Insurance Act. This will ensure that the will be with you at every step, ensuring that you get the justice that you deserve.

Does Emotional Distress After An Accident Call For Higher Amount of Compensation?

Now, the truth is that being involved in an accident, regardless of the kind, is something particularly disturbing. However, once we are through with the recovery and everything seems to be getting back to normal, you might consider getting compensated for the troubles you had to go through. Oftentimes, nevertheless, you would think only about tangible damages such as physical injuries, the cost of your car repairs or the number of days that you were off work and further on.

There are, however, different types of damages that you might want to consider and you don’t want to forget and leave out. Emotional distress, for instance, is a particularly bothersome and incredibly complicated condition which could cause tremendous troubles in the long run. Your mental health, just like your physical health, is particularly important and you might want to take it into account just as much.

If you’ve been involved in a trauma as a result of an accident, especially if the accident was serious, you might have undergone a tremendous amount of stress. This is something that doesn’t go away overnight and it could easily take years to recover from. That’s especially true for dramatic accidents. This stress can easily lead to a wide range of psychological issues which could easily take a sever toll on your ability to function properly. They are going to require considerable and reliable medical treatment to overcome. With this in mind, let’s take a look at some of the signs that you might be experiencing abnormal emotional distress which has resulted from the trauma. Some of the symptoms include:

·         Panic attacks, Nightmares

·         Changes in your mood and temperament

·         Inability to get a good night sleep

·         Memory problems

·         Mood swings and many of the kind

These symptoms can easily be symptomatic of characteristic and serious conditions such as PTSD (post-traumatic stress disorder) or a panic disorder, for instance. It takes weeks or even months of therapy and intensive psychological treatment to overcome such trauma.

Now, these symptoms and conditions aren’t easily quantifiable. They are left to the discretion of the court. You can’t prove their worth with a document like for non-pecuniary special damages. They are carefully examined each separate case and the amounts are awarded by the jury. With this in mind, the lawyer’s task is to make sure that everything is handled perfectly and that all the necessary documentation attesting to the existence of the condition are being laid out. Furthermore, it’s his responsibility to question the professionals who’ve diagnosed the patient in order to attest that the emotional distress is actually presence. These people are going to lay out the extend of the condition and provide the court with an estimate of their severity. This should allow the latter to make a responsible decision when it comes to the actual compensation. Your lawyer will be able to defend your eligibility and help you through the complete process.

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.

What is the Doctor’s Liability in a Medical Malpractice Case?

Now, if you want to sue a doctor in Ontario for sub-standard care, there are quite a lot of different things that you might want to take into account. For one thing, you should know that this isn’t something easy and it takes a lot of preparation and your grounds must be particularly strong. However, if you’ve sustained injuries after a medical procedure in your hospital and you are certain that the doctor or the entire facility played a significant role in the aforementioned injuries; you are entitled to sue the physician. Or, at least, you should consider doing so. (more…)

Things To Consider Car Accidents In Ontario

Even though the majority of personal injury claims in the province of Ontario derive from a car accident, the truth is that a wide range of said accidents are rather harmless. This is mainly because they occur in the city where there are clear signs and the conditions do not allow speeding or reckless behavior. Of course, this is not always true and there are a lot of cases which end up with horrible consequences.

Regardless of the damages, the truth is that over 90% of the car accidents and the pursuant claims never reach the court room. The reasons are various. Let’s take a look.

Slow legislative system

This is one of the main reasons for which people avoid going to court. It is going to take you about two years after you file the claim to get the first hearing of your case. This is just the first hearing. The procedures are incredibly slow and that’s because there is not enough capacity to handle the abundance of cases. The courts are flooded with cases and there is not enough human and physical capacity to handle more.

Furthermore, another quite common reason for which people prefer to stay away from the court room in situations of the kind lies within the high legal fees. Court fees are particularly high and a personal injury claim of the kind could easily cost you a small fortune. Even though these expenses are recoverable, you would still have to pay for them out of your own pocket during the trial and expect to get them back only when and if you win the case. That’s a risk that not everyone is willing to take.

The benefits of the out of court settlement

All of these cases that never reach the court are settled outside of it. The parties have reached mutually beneficial agreement and have acted upon it by bonding in a settlement. This piece of document has the same legally binding force as the ruling of the court and it’s fully enforceable by the necessary authorities. However, it’s nowhere near as expensive, it’s quickly achieved and there are no unnecessary hassles and burdens along the way. You get what you bargain for and there are no related risks with getting nothing at all, which may happen in court if the ruling is not in your favor.

So, there you have it, the main reasons for which people prefer to go around the court and settle outside of it. That’s not a bad thing – on the contrary – it’s an example of the freedom of negotiations and how it can serve society perfectly in times of distress and turmoil like this. Majority of the personal injury lawyers are experts in negotiations and though they have ample experience standing for trials they prefer that the case is settled amicably. This helps you get the much-needed funds faster.

 

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.

 

Recoverable Damages by Pillion Riders in Motorcycle Accident

Motorcycle accidents are dramatic – there is no doubt about it. They become even more serious when there are more people involved. For instance, if you are a passenger on a motorcycle and you get involved in the accident, suffering injuries as a result, you might be able to claim recovery for the damages from the operator of the motorcycle, the operator of the other vehicle (provided there is another vehicle involved) or you can claim compensation from both based on the circumstances. Luckily for you, relatively speaking of course, these types of damages are usually easier to pursue in comparison to other damages. However, you do need the support of an injury lawyer to represent your rights.

Filing against the operator of the motorcycle

This is possible in case there is no one else involved in the accident but you and the operator. The premise is the same as in any other personal injury case – you need to determine that the biker acted negligently. For instance, he might have driven at a speed which was far over the allowed or not appropriate to the particular road or weather conditions. Furthermore, he might not have accounted for the road signage or he might have been driving under the influence – in all of these situations you are entitled to claim your damages.

The truth is that there are two particular reasons for motorcycle accidents which do not involve other vehicles – negligence or defect. So, basically, it’s always going to be one out of the two.

The burden of proof

In a case of the kind, the burden of proof falls towards the one who’s claiming the damages – that would be the passenger. The solution is only logical. He needs to prove that the driver acted negligently and that this negligence caused the accident. Furthermore, he can only claim damages which derived from this particular accident – this is the proximity link.

Two-Vehicle Accident

If the injured passenger was involved in an accident, as a result of the negligent behavior of a third-party other than the operator of the motorcycle – he can claim damages from the at-fault party. This is particularly considerate as it takes the strict responsibility off the shoulders of the operator of the motorcycle. It’s quite fair and the victim is compensated for the mental and physical injuries endured.

The truth is that, even though these cases are fairly simpler than other personal injury ones, you would still have to take quite a lot of things into consideration. They require knowledge of the law and that’s why it is absolutely advisable that you engage the services of a professional lawyer in Ontario. This way you can guarantee that your rights are being properly sought after and that you get the required legal representation in court to handle the matter.

Is Your Case Considered As Medical Malpractice?

The unfortunate truth is that medical malpractice cases are rather common. However, when it comes to it, there are fine lines which need to be taken into proper consideration. Not every injury that you incur while you are undergoing treatment is going to qualify your case for medical malpractice. Sometimes, as sad as this may be, it’s just a bad outcome. You can’t expect to hold the professionals accountable every time something doesn’t go as you want it to and that’s why the law is particularly stringent in this regard.

When it’s not a medical malpractice

The case that you have would not be considered to be a medical malpractice if your condition is simply untreatable. Not all health-related issues are treatable. There is a chance that you might not be able to get better at all and the doctor who’s treating you can’t be hold accountable for this.

Another common case is when your condition gets worse during the course of treatment. There is no guarantee that every single patient is going to respond to common treatments the same way and even if the doctor does everything by the book you might still get worse – that’s still not grounds for a lawsuit.

When you can sue

In order to sue, you need to determine and define that there has been negligence involved. Negligent is the behavior which does not manifest the standard duty of care. In other terms, if your treating doctor acted in a non-efficient way whereas any other doctor with reasonable qualifications would have acted appropriately you can claim that your doctor acted negligently.

Recklessness is also not excluded. While it might be rather scarce in the medical world but it can still happen. For instance, if the surgeon who is currently operating on you is doing so under the influence of alcohol or drugs, you will most certainly be able to recover damages.

As you can see, not every single time you incur damages while in the hospital would suggest that they are due for compensation. That’s why you need to rely on a successful personal injury lawyer who is going to take care of the organization of the claim. He is going to have the necessary experience to determine whether or not your case is even qualified for compensation and you are going to come up, alongside his advice, with a proper strategy on how to proceed. With all this in mind, it’s also important to notice that medical malpractice cases are not, by all means, easy. They are particularly challenging and you would need to take into account quite a lot of things if you want to be successful.

If it is proven that you were a victim of medical malpractice, you can be compensated generously depending upon your injuries that were due to neglect or misdiagnosis. However, your injury lawyer would be the best judge of the case.

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.