Specifications about Cap on General Damages Claims for Pain and Suffering

Honestly, the majority of people are instantly going to think of general damages as they hear personal injury case. These are the damages for pain and suffering. While most of you might believe that this is the field in which you can get the most out of your personal injury claim, there are many more headings as well as heads of damages for your particular injury case which could get you a lot more money than damages for pain and suffering. One of the first things that your lawyer has to do is to properly quantify your damages and to determine exactly how much is your case work. Of course, this is a lot easier said than done.

When it comes to damages for pain and suffering, there are a few specific things which have to be taken into consideration, especially when it comes to Ontario. The Supreme Court of Canada managed to issue 3 distinctive rulings on three separate cases which came to be known in the legal doctrine as the “trilogy”. These were the cases in which the Supreme Court effectively put a cap on general damages. Unlike the USA, where you can get millions and millions of dollars for general damages, in Canada you can only get as much as $356,000. That’s right – $356,000 and not a penny more. However, this isn’t necessarily a negative solution – it has its pros and cons so let’s take a look at them.

On the plus side, it puts a metric on something which can’t be properly quantified. You can’t really measure exactly how much pain and suffering is a victim going through, let alone to determine how much money this is worth. It’s a strictly subjective issue. With this in mind, the $356,000 cap is somehow making matters easy to quantify. This is by virtue of setting a maximum amount to the damages of the kind.

However, on the downside, this is pretty limiting. Things get especially bad if you are involved in a car accident because there you have a $30,000 deductible, if your claim is under $100,000. So, let’s say that you get an award of $50,000 after years of court procedures. You really only get $20,000 as the first $30,000 are deducted.

When you add things up it’s definitely not an easy decision. However, as we mentioned earlier, there are a lot of headings and heads of damages in personal injury cases which could make you a lot more money. Furthermore, $356,000 is definitely a lot of money. Sure, when you stack them up against the pain and suffering that you might have gone through they might seem inconsiderable, but as we said – there are pros and cons.

With more stringent rulings on compensation claims, it is important that you hire the professional services of a personal injury lawyer before you file for a claim. This will help you get a better chance at winning maximum compensation.

Does Statutory Accident Benefits Schedule Handle Brain Injuries?

There are quite a few injuries that could derive from an accident, regardless of its type. While some of them are visible and easy to localize such as broken bones and tendons, for instance, others could be particularly hard to determine, let alone fix.

When your leg is broken you know it is – you are aware where the injury is and the doctors know how to handle it. The x-ray is going to show the damage and the professionals could implement the right type of treatment for you to get better. However, what happens when the only injury that you get from a recent car accident is a brain injury? You can’t just put your brain in a cast and let it heal with time.

Diagnosing Brain Injuries

The damage to your brain is impossible to see from the outside. What is worse, a brain injury might not be detected on the MRI, let alone on a regular x-ray. The truth is that brain injuries from accidents such as slip and fall, bike accidents or whatever else you might think of could have devastating effects. They might end up causing headaches, memory loss, and fogginess, anxiety, ringing in your years as well as fatigue, depression and balance problems. Sometimes, the victim himself might not even appreciate any cognitive deficit which has resulted from the injury. This is why the personal injury lawyer have to speak with his family, friends and colleagues in order to better and properly appreciate how bad or not bad at all the damage might be.

Statutory Accident Benefits Schedule

There are certain situations in which the victim has completely lost his ability to function properly. This renders the entire injury catastrophic as per the Statutory Accident Benefits Schedule. Once the injury has been duly categorized and declared as catastrophic under the SABS, the compensation that the victim would be entitled to is going to be significantly greater.

However, it is absolutely paramount for you to rely on the professional expertise of a skilled personal injury lawyer. In some situations he would have to conduct deep research in order to determine the exact extent of the brain injury and the precise amount of damage that it’s causing to the victim and to those around him. The truth is that brain injuries are usually hard on those who suffer from them but they could also be devastating for relatives and close friends. The reason is quite simple – it is absolutely terrible to observe the one you love and care about not being able to function properly because of some brain injury. This is capable of turning one’s entire life around and this is the reason for which brain injuries shouldn’t be taken lightly for a second, regardless of how minor they might seem.

If you or a loved one has been a victim of an accident that led to catastrophic brain injuries, it is time to contact a personal injury lawyer in Toronto.

Expert Evidence in a Personal Injury Case in Ontario

Regardless of the type of claim that’s being filed, the case itself is built upon actual evidence. The legal system of Ontario is designated to work in a specific manner in which you can only get what you manage to prove. If the court fails to work in such a manner, this would end up in a particular descent which is definitely going to negatively impact the entire case.

Strong Evidence

In order to carry some weight in court and to be persuasive enough, your evidence needs to be legitimate, not tampered, altered and completely pure. Furthermore, it’s also worth noting that evidence itself comes in a wide range of different forms. It could be a regular oral testimony from an examination for discovery, for instance, it could be from testimony at the trial procedure itself while a party or a witness is questioned on the stand. In the trial procedure in Ontario, oral evidence could result from questioning a witness, parties to the litigation and experts.

Documented Proof

However, evidence can also be in the form of a document. Medical and police reports, 911 recordings, photos of your injuries and everything that you can come up with is also admissible in court and carries weight. However, the exact amount of weight which is distributed to any given evidence is dependent on the Jury or the Judge.

It’s worth noting that some of the most important pieces of evidence in personal injury claims come from the expert report from the medico-legal experts. These are doctors or particularly educated specialists who are hired by the party in the litigation in order to give an opinion regarding the damages and the cause of these particular damages. The things that the experts say or don’t say could be paramount for the case.

Specific Ontario Laws

However, it’s worth noting that these experts are not paid by the Ontario Public Healthcare System in order to appear before the court – they are paid by the parties. They are used to handsomely deliver information in front of the judge or the jury so that the report strengthens the case of the one who hired the expert. What is more, if the expert doesn’t have to say something beneficial for the hiring party, you are unlikely to see him appearing in court at all.

Of course, there are strict rules and regulations which govern the reports and their power within the process itself. Section 12 of the Evidence Act of Ontario has to be read simultaneously with the Rule 53 of the Rules of Civil Procedure of Ontario and they would provide you with basic understanding of the overall conduct and standards which have to be met.  When you hire a personal injury lawyer, they understand all aspects of the Ontario law and ensure that well-documented evidence is provided so that your claim is sound in all aspects.

Understanding the Reasons for Delay in Personal Injury Claims

There are quite a lot of things which have to be considered when it comes to moving a personal injury case through with the court authorities. One of the most common question that a plaintiff is going to ask his lawyer is how much time would it take for the case to get settled and for him to get the money. Well, the truth is that if you don’t settle with your insurer, you are likely to wait quite a lot of time before even getting a verdict, let alone receiving any compensation what so ever. The reasons for this are versatile.

Not Enough Court Space

There is just not enough court room space in Ontario. There is also a lack of court clerks and judges which will hear your personal injury claim and process it in a timely manner. As a matter of fact, delays of hearings could reach up to two years after the filing of the motion. With this in mind, it’s important to understand that courts tend to give priority to other types of cases in the field of family law and criminal law.

Furthermore, it’s important to receive an accurate answer to the aforementioned question because it’s strictly dependent on your particular condition. If your injuries aren’t healed yet, the lawyer can’t move forward to settling the case because the results are still uncertain. You might get worse with time and having the settlement signed is definitely not going to do you any good.

Role of Insurance Company

Another incredibly important factor to take into consideration is the willingness of the insurance company to settle as well. Keep in mind that if your case is lacking in any manner, you are definitely not getting the settlement offer you are hoping for. The insurance companies are on the market to make money for their shareholders. That’s the simple truth. They aren’t fending off your claims because they have something personal against you – it’s just business for them. If they paid out every single claim at the highest rates which you might legally be entitled to, they wouldn’t be able to stay in business or they wouldn’t be able to make as much money as they would if they fought your claims off.

That’s why in the majority of cases the insurance companies have the upper hand because you are the one in rush and if you fail to have the strongest arguments you can risk waiting trial and the uncertain result of the verdict or you can settle for a lesser amount of money. The system definitely has some issues that need taking care of. However, if you trust the right personal injury lawyer he might be able to get the compensation you are entitled to within a reasonable amount of time. That is why it becomes important to hire a personal injury lawyer.

Will I get Compensation for Whiplash Injuries?

If you’ve been involved in a car accident you might not always suffer severe orthopedic injuries. There are certain occasions in which there wouldn’t any broken bones, ripped tendons or ligaments. However, whiplash injuries are just as dangerous and they have to be thoroughly considered. This is a particularly cunning injury because the damages might be particularly harmful as they are going to affect one of the most important parts of your entire body – your neck. Whiplash refers to the injury which derives from a minor car accident in which your head is going to straightforward and right back afterwards as the preventive force of the seatbelt kicks in. This could cause severe damages to your neck and spine. This can be mild or severe and depending upon the first medical reports and documentation by the doctors are of key consideration.

Symptoms of whiplash injuries

There are quite a few different symptoms that you might be looking out for if you’ve been involved in an injury of the kind such as:

·         Worsening of pain when moving your neck

·         Loss of range of your motion in the neck area

·         Often headaches which start at the base of your skull

·         Pain in shoulders, upper back or your arms

·         Neck pain and severe stiffness

It’s worth mentioning that while these symptoms might seem as if they were rather harmless in comparison to the tremendously negative effects of the majority of sever orthopedic injuries they are capable of causing dramatic long term disability. Stiff neck and limited range of motion of your neck is going to dramatically impact the movement of your entire body. You might not be able to do your job at all, especially if it requires you to move quickly and with swiftness.

There are various treatment plans which are going to prove to be very helpful in situations of the kind and you might want to take them into advantage if you are suffering from a whiplash injury. However, as it is with almost all medical treatments in Ontario, they won’t be cheap and affording them might be a challenge. Luckily for you, if your whiplash injury is a result of an accident, you are going to be fully entitled to compensation.

You can demand to be compensated directly from the insurance company as the rules of fault determination set forth the “no fault” rule which is going to disregard the fault part and provide you with compensation in all cases. If the compensation is not enough, you might be entitled to sue the at fault driver in a civil lawsuit and get the difference of the compensation that’s been awarded by the insurance company and the actual amount of the medical expenses awarded by the court. With this in mind, a civil lawsuit might turn out to be a good idea. However, the best would be to first get a consultation with a leading personal injury lawyer in Brampton and get the case evaluated.

Understand Key Aspects Of The Tort Claim Process

While there are some fairly straight forward legal procedures regarding the claim for monetary compensation after an injury, there are others which are far more complicated. Loss of wage and regular pecuniary damages are definite easy to measure and assess but some others, such as the loss of earning opportunity or damages for pain and suffering are far more difficult to get through. With this in mind, we are going to examine the entire principle of filing a tortuous claim for compensations. We are not going to take into consideration the possibility of the victim to seek reparation through insurance and we are going to emphasize on court procedures. Let’s take a look.

Who can actually file a tortious claim?

Typically, anyone who has sustained an injury due to the negligence of someone else would be within his full rights to file a tort claim. For instance, if you’ve been involved in a car accident and the other driver was found to be the at fault party, you would be capable of filing a tortuous claim seeking reparations of all the damages that you had to go through and incur.

In addition to the regular physical damages, you could have sustained substantial pain and suffering which is also subjected to thorough compensation. In fact, a serious injury is much likely to prevent you from working. If you are acting as the one who is providing for your family, this is capable of causing serious troubles not just for you but for anyone around you. Not only would this impact you psychologically but it would also impact you directly and that’s why loss of earning potential and loss of income are also subjected to proper compensation. With this in mind, you could just as easily incorporate these motions in your claim.

Pecuniary damages

However, you have to keep in mind a few things. The first is regarding the pecuniary damages. These are the regular physical damages. In order to get them compensated you need to first determine their exact amount and that’s easily done with all sorts of documents which are going to attest that. However, as you may know, pain and suffering and other subjective claims might be harder to actually determine and they require thorough and complicated procedures and the involvement of experts. However, that’s also why they are usually in far greater amounts. Keep in mind though, that if you are filing for pain and suffering. Under the current legislative provisions set forth on the territory of Canada the maximum amount for this claim is $360,000.

In any case, there are plenty of things to be considered and you are definitely better off with a personal injury lawyer from Mississauga at your side. Thus, start looking and find a god lawyer so that your position is strengthened and chances of winning a higher compensation is possible.

Facts about Compensation Amounts in Slip and Fall Injuries

If you have been involved in a slip & fall accident, it might be a bit complicated to place an exact and accurate value on your lawsuit. There are quite a few things to be taken into consideration and it is undoubted that working with a professional lawyer is going to be the best way to properly assess the value of your case.

Things to consider after you slip and fall

You need to proceed with taking the necessary actions as soon as the accident occurs. You need to make photos of your injuries as well as the site of the accident. Furthermore, you have to write down everything that happened and see if you can get witness statements. It is also important to get medical care in order for the professionals to assess your injuries. You have to understand that what could now seem like a minor incident could turn out to be something incredibly complicated afterwards and you need to take action immediately. All of the aforementioned steps are going to provide you with evidence that’s going to be crucial if you decide to proceed forward to taking legal action. You should also go ahead and contact a professional personal injury lawyer in Burlington as soon as you possibly can in order to meet any pending deadlines as there might be some.

Assigning the value to your case

There are several things that you would want to consider after you’ve been involved in a case of this type and they include:

·         Location of the accident

·         How much coverage from the insurance is available

·         The financial state of the defendant

·         The stability of your arguments

·         The severity of your injuries

The value of your case is going to be a combination of all of the above and that’s why you need to make sure that you’ve properly assessed all of the mentioned points. Your lawyer is going to do that for you so don’t worry. However, it is important that the lawyer you choose has plenty pf experience dealing with all aspects of similar cases. You should also be aware of the fact that up until the jurors rule on the verdict, these amounts are absolute estimations and there is nothing certain about them. Sure, some types of damages could be properly assessed such as the expenses for the medical treatments but even then the jurors could decide to fend off some claims and approve others. Your lawyer represents your rights and tries to get you the maximum compensation possible.

With this in mind, being able to accurately estimate the value of your claim is going to be incredibly important for a wide range of good reasons. For starters, this is going to determine the amount of court fees and taxes that you’d be subjected to in order to move the case forward. This is absolutely essential and it’s also something that you should take into thorough consideration.

Liability for Cycling Accidents in Ontario

When it comes to personal injury law, it’s important to note that there are just so many different types of accidents that are enveloped in the process that it’s impossible to wrap them up in one go. However, there are some of them which are particularly common like car accidents and others that are incredibly dangerous like cycling accidents. Of course, we are not talking about self-inflicted cycling accidents, we are talking about the ones which involve a faulty third party that has acted negligent and thus caused you to sustain significant injuries as a result.

There are quite a few things that need to be properly considered. The government has managed to impose incredibly strict consequences for those drivers who fail to employ the safety regulations around cyclists. The drivers in Ontario are now facing at least $365 fine for the so called “dooring” activity which is opening the door of the vehicle and thus cause the cyclist to crash. The hope is that with further developments related to cyclists safety, the roads are eventually going to become far safer for these participants in the traffic and that the accidents are going to decrease even more.

Importance of protective gear

Now, the regulations and their stringent character is definitely something to be thought about. First of all, it’s important that we have strict liability for those who fail to employ them in order to create proper sense in the involved in the traffic parties. Cyclists are particularly vulnerable. They are protected only by their helmets and eventually some other protective gear, which is unlikely to provide them with any safety in the events of a sever crash with a motor vehicle. This means that almost all serious accidents are going to result with dramatic orthopedic injuries, lifetime disabilities and even death. This is the main reason that drivers should be incredibly careful when they are driving in an area which is high on cyclists.

Furthermore, in order for the legislative authority to properly optimize and close the entire link, there are also stringent legislative procedures in the other regard as well. Cyclists can, by any means, be found liable and fined for improper behavior on the road. Cyclists face a costly $110 for missing front lights as well as back reflectors as those elements are crucial for their spotting and their safety. It not only puts the cyclists on risk but sometimes, the drivers are unnecessarily fined or even arrested for the negligence of the cyclists.

With this in mind, it’s important to note that this is a whole-house process that involves everyone who is somehow part of the traffic. From drivers to bikers, the responsibility should most certainly be shared in order to ensure that the worst never happens. That’s why we all need to take care in the matter. However, if you or someone you know has been injured in such an accident, contact a personal injury lawyer is important as they will help you get the procedures completed.

Assessing the Costs of Future Care after a Personal Injury Accident

Personal injuries are capable of being incredibly complicated and overly hard to deal with. With this in mind, it’s worth noting that one of the most challenging things to consider is the cost of future care. When you start thinking about how much money you’d have to pay in the near and not so near future you are quickly going to see how the numbers are going to start adding up in order to end with a staggering dollar amount. Luckily for you, it is very possible that you might be eligible to have them covered by the insurance policy of the defendant. That’s something that you might want to consider as it’s going to save you a quite a lot of money. However, the task of measuring, justifying and predicting this particular future care could be more complicated than you’d expect.

Pecuniary damages

Future care is a cost that is going to be falling under the legal term which is known as pecuniary damages. The most common ones of those would include expenses such as medications, therapy, property damage, special assessments, assistive devices and many of the kind. These damages are determined and measured through regular documents such as healthcare contracts, receipts and literally everything that stipulates an expense related to the injury. However, as you might probably imagine, the case of future care is rather different.

It’s also worth noting that the future care wouldn’t only involve the basic medical care. When you’ve been severely injured and you are deprived of the possibility to conduct basic activities such as using the restroom, climbing stairs and many of the kind, the care is going to envelop all of the above. This is needed so that the care would fully cover absolutely everything there is. The insurance company usually has an aggressive team of lawyers but if you have an experienced lawyer, your case will be taken care of.

Full compensation

In order the get the compensation reward for future care, you would need to provide the insurance company with an extensive report that’s assessing every single need of care and the estimation of the period that said care is going to be needed for. This particular report is usually going to be prepared and compiled by a certified rehabilitation registered nurse C.R.R.N. The rehabilitation nurse is going to review all of the documents and is going to base the report on them.

In any case, if you want to make sure that everything is handled properly, it is best if you rely on the services of a reputable personal injury lawyer. Even if you don’t need to take the matter to the court, you would be capable of relying on him to represent and protect your interests in front of the insurance company. It is in your best interest to ensure that you are being taken care of properly. Your rights need to be protected and justice has to be provided.

Know About Arbitration in an Ontario Personal Injury Law Suit

A lot of people seem to be unaware of this particular possibility that the law stipulates in order to properly benefit those who have been involved in an accident. Instead of pursuing the matter in the court which is definitely timely and costly, they could resort to the so called arbitration institution. This is going to be a process which is, however, a lot faster and far less expensive.

In the arbitration, there is an arbitrator who is chosen and is going to listen to all of the evidence from both of the lawyers who are representing the defendant and the claimant as well as the lawyer of the insurance company if there is one involved. The arbitrator is going to listen to all of the exposed facts and is then going to provide the parties with a written decision which is going to be absolutely binding.

Of course, in order to ensure the protection of legal interests, the law has provided that the arbitrator has to be absolutely unbiased in his ruling and he has to base it, solely on the properly established and undeniably proven facts. Thus, the process is complex yet having an experienced lawyer in your corner is an asset. If you are worried about the fees, work with a legal professional that charges on contingency payment.

How do you start an arbitration process?

Well, most commonly this happens when your insurance company denies you compensation. Your lawyer could then assist you with filing the copies of the Application for Arbitration. Of course, you can do so yourself. Along with the application you would have to file a Mediator’s Report. The entire motion is going to be sent to the insurance company and they are going to have 20 days to provide a written response to the Financial Services Commission of Ontario.

In any case, there are quite a few benefits which are going to stem from this particular process. For once, you can rely on the arbitration process to be a lot faster. This is especially important because we are all well aware of how slow a regular civil lawsuit could be, especially if the case is more complicated. Furthermore, when it comes to handling a case in front of the court, you have to know that this could get quite expensive. This could be rather intimidating and what is more, a lot of people might not have the financial means to do so. An arbitration process is going to be far less expensive and at the same time, it’s going to provide you with the same amount of legal protection as the decision of the arbitrator has the same binding power when it comes to the relationship between the parties. It’s safe to say that this is a good option but you need a reliable personal injury lawyer in Burlington to help you out in the matter.