Current Procedural Legislation Of Ontario

A lot of people in the city of Burlington are concerned by the fact that they have suffered emotional damages and now they are not quite sure if they would be able to properly pursue their compensation in court. The first thing that needs to be pointed out here is that not every single personal injury case even goes to court. As a matter of fact, recent statistics show an increasing tendency of people who prefer to go for a settlement out of the court instead of leading the prolonged legal procedure that might as well take years to finish. The studies are showing us that approximately 90% of the personal injury claims are settled outside of the court, which is quite convenient for either one of the parties.
However, the issue remains and with this in mind it is important to outline the two main types of proving methods that you can rely on as per the current procedural legislation of the province of Ontario and respectively enforceable in the city of Burlington.

Calling witnesses

The first and most convenient thing that you should consider doing is calling a witness to the stand. Make sure that you file your motion for witness in the allowed term if you don’t want to lose the privilege of using vocal testimonials as the terms are preclusive. Once you have summoned the witness, it is important to prepare for the particular interrogation. Make sure that you prepare a proper line of questions that would lead the answers of the witness to represent the actual emotional pain that you had to go through. The aim of the questions should be to outline the difference in the emotional state of the injured prior to and after the accident.

Medical expertise

The second method that complies with the procedural requirements is to use the medical expertise. These are particular sets of documents consisting of medical decisions which determine the severe psychological state of the patient. The important thing is to connect the injuries with the accident and to make sure that they derive from it.

Emotional trauma is also referred to as general damages or non-pecuniary damages and their value can’t be based upon documentation. This is due to the fact that the specific judicial requirements demand that the court assesses the non-pecuniary damages discretionally by taking into consideration every single case individually. This makes sure that every victim is properly compensated for and that justice is properly provided. The compensation takes other factors into consideration such as the salary of the perpetrator and his ability to actually pay it. It is also important to follow the requirements in the terms set forth by the Statute of Limitations which is fully enforceable in the city of Burlington.

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!

Understanding All Aspects Dog Owners’ Liability Act

Dog bites are quite common in the country of Canada and reports show that over 500,000 people each year are attacked and bitten by dog. An injury of this kind may lead to some incredibly serious complications and as such the law handles the matter with great caution. The law which governs dog bites and the liability of their owners in the Province of Ontario and which is fully enforceable in the town of Burlington is called the Dog Owners’ Liability Act. The law was accepted and put into practice back on the 6th of December in 2000 but the most current amendment was made on the 1st of January in 2007.

It is important to note that the Dog Owners’ Liability Act clearly stipulates and clarifies the term owner. This is every person who is in possession or is harboring a dog. At the same time if the person is a minor, the one who is going to be liable under the regulation of this act is going to be the one who is responsible for the custody of the minor.

The liability set forth in the act which is in practice in the city of Burlington is civil liability. This means that it should be clearly differentiated from the criminal liability under other judicial acts. Civil liability, which is basically what personal injury law is all about, implies a civil breach of legal provisions, one that does not fall within the definition of a crime. The main intention behind civil liability is for the perpetrator to be forced to repair the damages or the pay the respective amount of money as compensation.

The Dog Owners’ Liability Act clearly states that every dog owner is liable for any kinds of damages which may have resulted from a bite or a simple attack by his dog on any other person or even on other domestic animals. Now, as you can see there are two possible grounds for filing a personal injury compensatory claim on these grounds in Burlington. The first one would be based on a bite of the dog which would most likely lead to both physical and emotional damages. The second merit mentions an attack, which may not have finished with a bite. However, the law aims to cover all possible damages and the sheer stress that a person could endure after being attacked by a dog, despite the fact that he doesn’t have any physical damages, is enough.

Article 2, paragraph 2 of the Civil Liability section also states that if there is more than one owner, they are going to be severally and jointly liable. This solution is also fair because liability for a dog bite can occur even if the dog owner wasn’t present at the attack. If you have encountered a similar accident, it is time to talk with an experienced legal authority.

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!

Types of Orthopedic Injuries

Orthopedic injuries are definitely included in almost every single personal injury case. This is due to the fact that they are the main grounds for the case and most commonly the compensation is going to be designated to cover the financial loss the injured party had to incur as a result. However, there isn’t a single statute or law that governs orthopedic injuries as they may derive from literally every single accident. With this in mind, orthopedic injuries caused by dog bites are going to be covered by the Dog Owners’ Liability Act, the ones deriving from a slip and fall accident will be claimed under the Occupiers’ Liability Act and so forth. It is especially important to file the claim under the correct legislature in Mississauga as different provinces might have slight differences in the law.

Understanding the common ones

However, when it comes to orthopedic injuries, it is worth mentioning which are the most common ones of them and what do they entail. The most common orthopedic injury in the city of Mississauga for the past year is a fracture in the bones of the hand. The most common reasons for this particular injury is a motorcycle injury and also a slip and fall accident. However, depending on the severity of the injury, this particular fracture could be classified as mini and non-mini injury but almost never as catastrophic.

Skull fracture is a severe injury which may lead to some incredibly serious brain traumas. It includes a break in one or more than one of the bones which are placed in the skull. The reason for this is a mainly a blunt force trauma which if strong enough could easily result in a skull fracture. These should be taken into serious consideration because they can lead directly to some incredibly dangerous brain injuries which may have their consequences for life.

Fractures

Hand fracture is another incredibly common orthopedic injury and it includes a fracture of one or several bones which are located in your hand. The most common representation of a hand fracture is a broken finger. In any case, orthopedic injuries are rather easy to prove, for the majority of cases. This is due to the fact that they can be easily comprehended by the visual senses unlike emotional trauma. However, it is important to know that these injuries fall within the category of pecuniary damages which are usually based upon some sort of a document.

A simple apothecary bill showing that you have bought medication for a certain orthopedic bill would suffice, or a medical contract and what not. Basically, you should pull out all of the documentation that you have been issued as a result of the injury in order to claim the compensation award. This is one of the reasons that you need to work with the best lawyers in the city.

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!

Main Causes For Product Liability Claim

Product liability is definitely the most common area of practice within the division of personal injury law. The main reason for this is the consumerism society that we are currently living in. With such vast manufacture it is inevitable that certain products are going to prove to be defective from time to time. This is when the injuries may occur. The most common field of expertise where a defective component may turn to a serious accident in a matter of seconds is the automobile industry. If there is something wrong under the hood of your car and this manifests itself at a time during which you are operating the vehicle, the inevitable will happen. The city of Brampton recognizes a variety of cases involving car accidents which have resulted from manufacturing defects.

Contract Law

There are two main causes from which a claim for product liability may derive. The first one is based on the Contract Law under which the selling party owes the buying party a product in a proper working condition which is fit for the general purpose of said product. The city of Brampton, being part of the state of Ontario, is subjected to the provisions of the Contract Law and in this particular area there are no extensions or limitations to this particular duty. Therefore any breach of said provisions leads to civil liability which could be claimed through a personal injury claim.

Negligence

The second cause from which a product liability case may present itself is negligence. The main difference between the causes under the Contract Law and this one right here is that there is an extension to said duty and there is a legal phenomenon known as the duty of care. Apart from having to present the product in a good working condition, the selling party also owes a further behavior of care in order for the product to work as intended. Usually these are some sorts of maintenance checks and follow-ups done by the seller under the contract. Failing to conduct them would put the purchase in jeopardy which is what the law aims to prevent and in the ultimate case – to compensate.

Time period to file for claim

Product liability cases can be sought 3 years after the occurrence of the accident as per the regulations set forth in the Statute of Limitations. This solution is perfectly fair as it puts some sorts of limits to the responsibility of the seller who can’t be liable for life. At the same time it motivates the purchaser or his family members to seek compensation in a timely manner because presumably it is going to be needed as soon as possible. Family members can seek compensation under the Family Act of the country of Canada which is also in practice in the city of Brampton.

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!

How to Evaluate the Person at Fault under Tort Laws

It has been seen that most of the accidents resulting in personal injury are due to negligence or carelessness on the part of the defendant. That is why the person, whose carelessness or negligence caused injury to the victim, is liable to pay compensation. This is the basis of the legal liability which is evaluated in the personal injury case. The following points are considered when evaluating fault in the personal injury case:

  • If a person is injured at the workplace due to the negligence of the employer, the employer is responsible and legally responsible for the accident.
  • If the accident happens on the poorly maintained and under-constructed property, the owner of the property is at fault as they failed to maintain the property.
  • If an accident of injury happens due to a defective product, the manufacturer and the person/business selling it is liable. This is applicable even if the injured victim si unaware of the defect or is able to prove that the injury was due to the defect.

However, there is time, when the victim is not eligible for compensation. This includes situations where it was mentioned or the injured party was aware that they should not be in a place or do something that causes an injury. And if they were injured, the owner or the defendant is not held legally responsible for the victim’s injuries as it was the victim’s error in judgement that lead to the accident and injuries. When the victim is equally at fault, there are cases when the compensation has not been given at all.

If the court finds that the victim has been careless and has a part to play in the accident, the amount of compensation that they were due to receive is lowered. This has been termed as ‘comparative negligence’. Thus, you cannot fix an amount to the compensation and in each case, it varies. You might need to talk with a lawyer to evaluate the merits of the case. Usually, the cause of the accident, and the level of injuries incurred is considered before filing a claim.The amount of injuries, medical costs, loss of wages are calculated when the amount is being evaluated by the lawyers. You may like to discuss it with us before you file for compensation. This will help you be at an advantage and increase the chances of winning the 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!

How to Claim Damages in Personal Injury Case

If you have been injured in an accident and it was not even your fault, you deserve to be compensated. This is covered by personal injury or tort laws and has a definite period of time during which you can file for justice and compensation from the defendant and the insurance company. Canadian Tort Laws usually classify personal injury cases as general and special damage as encompassed as:

  • Character defamation
  • Mental and emotional trauma
  • Wrongful death
  • Partial or full disability
  • Loss of consortium

Evaluating Compensation

The special damages cater to the loss of wages, medical bills and other damages incurred in the accident. The amount of compensation depends on the intensity and type of injury you have incurred. If you or a loved one has suffered orthopedic injuries or traumatic brain injuries, it can lead to permanent disability which will require long term treatment and rehabilitation. This involves constant medical costs, loss of wages and loss of consortium.

There is no fixed amount of compensation but personal injury claims will vary as per your case, and the amount of compensation depends upon your level of injury. If you have incurred debilitating injuries, you are eligible to receive higher compensation but if it is just a minor injury, you might just get enough to cover your medical costs.

Long term disability and treatment

However, orthopedic, spinal and brain injuries victims get the highest payouts as the repercussions last a lifetime such as amputation and paralysis. In many cases, the victims can never recover from them but lead a life of an invalid. Such victims have won millions of dollars in compensation to get treated and cover rehabilitation, and daily expenses. They are eligible to receive compensation for loss of amenity, suffering and loss of wages.

In case you are a business owner, apart from being the victim of a personal injury the lawyer will calculate your loss from the injury taking into account the loss in your business profits as you are unable to run it as before. There are many aspects to consider and accounting services are pressed into service for a comprehensive evaluation of the business accounts before fixing the compensation. However, such cases need specialized personal injury lawyers and we are capable of handling such cases. You can call us to schedule an appointment and we can discuss your 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!

What to Ask Personal Injury Lawyers after an Accident

Are you a victim of an accident and you were not at fault? Well, everyday there are numerous accidents that happen for no fault of the victims, yet they are injured or lead to fatalities. The fact is that under Tort laws, you are eligible to be compensated for injuries that are categorized as physical, emotional or mental traumas. The claim is filed on the premise of the victim or plaintiff that the injuries were caused by the defendant’s carelessness or negligence. If it can be proven in court of law you are eligible for the compensation as put forward by your lawyer.
You can ask a personal injury lawyer to get a better picture on your rights and getting the compensation.

Process of claiming settlement

Additionally, you need to know how the process works after the claim has been filed. There are three lawyers that will be involved- your lawyer, the defendants and one from the insurance company to audit your claim.

The lawyer will gather the facts, talk with witnesses and documentation is done and if things work out in the ‘discovery’ process, the claim is settled without going to court. In most cases, an out of court settlement is preferred by both the insurance company and the victim as nobody wants to drag it out in court for months or years. However, don’t think about representing your own case as you will only be offered a low amount but hire a lawyer to protect your rights.

Time duration and court ruling

This is another factor to discuss with your lawyer. Usually the ‘Statutes of limitations’ vary for filing a case. In most cases, it does not exceed beyond two years, but it is essential to file a claim as soon as possible after the accident so that evidence is not lost. However, if you intend filing the claim as an afterthought and the time limit has crossed, even though you might have a strong case, it will not be entertained in the court of law.

In case the ruling is in your favor, you will get the said compensation but there are no hard and fast rules about the total amount. You can claim a said amount, but the final amount is judged according to the injuries lost wages and future treatments. The lawyer will be able to inform you about it.

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!

Determining Who is at Fault in a Personal Injury Case

Statistics show that the majority of all accidents with injuries are attributed to a person’s carelessness or negligence. The general rule of thumb is as follows . . .

. . . if there is an accident and one individual was less careful than the other one that was involved in the accident with them, the less careful individual will be responsible for paying at least a portion of the damages that the more careful person suffered.

This is known as the “Rule of Carelessness” and is the way in which legal liability is determined in a personal injury lawsuit. Additionally, legal responsibility may also be determined by one or more of the following criteria:

  • If a person who is working for an employer is negligent and causes an accident, the person’s employer may be held legally responsible, as well.
  • If an accident occurs on improperly built, poorly maintained, or otherwise dangerous property, the owner will be liable based on their carelessness, and their failure to maintain the property.
  • If someone is injured by a defective product, both the manufacturer and seller will be held liable. This is so, whether or not the injured party knew how the defect happened, or can prove who was careless in allowing or creating such a defect.
  • If the injured party was in a place they should not have been, and should have expected that they could be injured, based on the activity occurring around them, the person who caused the accident may not be held legally responsible; as they were under no obligation to be careful toward the injured party.
  • If the person who was injured was also found to be careless, the court may reduce the amount of compensation they receive to the extent that the accident occurred, due to carelessness on their behalf. This is more commonly called “comparative negligence.”

Thus, not all personal injury cases deserve the same amount of compensation. If you are interested in knowing the amount of compensation you are justified for, an experienced lawyer will be able to judge the merits of the case. The amount of compensation will depend upon the severity of injuries, whether there is disability or debilitating injuries, and if there was any fault on your part. Based on these factors and the loss of wages, emotional and physical trauma, the lawyer would file a claim settlement.

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!

Defining Damages in a Personal Injury Lawsuit

Irrespective of the nature of your accident, if you have been injured in an accident, when it is not your fault, you deserve justice and compensation. Damages for personal injury cases in Ontario are usually classified in one of two categories – general or special. General damages include those costs that are less measurable in nature such as:

  • effects of character defamation
  • emotional or psychological distress
  • loss of consortium (the injured person’s inability to perform their traditional duties at home; refers to the loss of affection, companionship, and support in a relationship)
  • pain and suffering
  • wrongful death
  • disability

Evaluation of Compensation

Conversely, special damages refer to measurable costs, such as lost earnings, medical costs, and property damages. In the case of a personal injury tort, both general and special damages are oftentimes awarded to the injured party. However, the amount of compensation depends upon the level of the injuries. Some of the accidents can lead to partial or lifelong disabilities which require long-term treatment and recovery; such as permanent loss of employment and the reoccurring of medical costs.

Although compensation awarded in personal injury claims will vary from one case to the next, the amount awarded typically depends on the severity of the person’s injuries. Brain damage, broken bones, severed limbs, and other similar serious injuries can cause extreme or long-term physical pain and suffering. Therefore, cases involving these types of injuries usually result in the highest settlement amounts. Millions of dollars have been given in such cases.

In addition to the compensation received for their injuries, the individual may also receive compensation, if they are affected by their injuries over the remainder of their lifetime. For example, a person who is permanently disabled and cannot perform their job, because of their injury, will receive compensation that goes above and beyond their injuries. This is commonly stated as a claim for pain, suffering, and loss of amenity.

In other personal injury claims, the injured party may be the owner and operator of a business. In this case, damages are defined as the loss of business profits, and are assessed on a pre-trial and post-trial basis. These circumstances require the expertise of forensic accounting services that take a broad range of scenarios into consideration. This is done in order to calculate an estimate based on the objective data that is available. Call us today to discuss your injuries and we will be able to help you get justice.

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!

3 Commonly Asked Questions Regarding Personal Injury Claims

Have you been injured in an accident for no fault of your own? You are not alone because every day hundreds of accidents occur that lead to injuries and even death. However, you might be unaware of the fact that you are fully justified in asking for compensation. Although the legal term “personal injury” refers to injuries of an emotional, mental, or physical nature as opposed to property injuries or damages. It is classified as a tort lawsuit wherein one individual (the plaintiff) files a claim for damages, and alleges that their injuries were caused by another individual’s (the defendant) negligence.

What happens when I file a claim? If you file, you are the plaintiff and the party who caused your injuries, that you filed the claim against, is the defendant. There may be up to three lawyers actively involved in the case – one representing the defendant, one representing the plaintiff, and one representing the insurance company.

The first stage of the case is referred to as the “discovery” process, wherein facts are gathered in a number of ways such as depositions, documentation, interrogation, and so on. In many instances, a settlement is reached at this point, and the case does not go to court. Statistics show that very few personal injury actions ever make it to a court trial as it is. However, it is important that you seek professional legal assistance, because when you do not have a lawyer in your corner, you will never be compensated, as per your injuries, by the insurance companies. They will always offer you a low amount when you settle with them.

How much time do I have to file my personal injury claim? There are usually time limits; i.e., “statutes of limitations” that govern how long an individual has, before they may no longer file a personal injury claim. These time limits will vary from one state to another. However, if you miss the statutory deadline, your case will likely be thrown out of court.

If the court rules in my favor, how much will I be compensated? The amount of compensation awarded will vary from one case to the next. For instance, a person may be compensated for lost wages now, and in the future, medical bills, your physical pain and suffering, etc. You may also be awarded damages for any disability, or physical disfigurement that resulted from the accident, and your injuries.

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!