Defensive Arguments In A Personal Injury Lawsuit

If you are thinking of bringing up legal actions against a party that has been involved in an accident that caused you injuries you have to be thoroughly prepared in the anticipation of the eventual defensive arguments. The best thing for you to do is to hire a professional and experienced personal injury attorney to plead your case and help you move it forward in front of the court as he would be knowledgeable and experienced enough to know how the case would unravel. However, for your own peace of mind you should know that there are a lot of defensive techniques that could be implemented and we are going to cover some of the most common ones of them.

Contributory Negligence

This is one of the things that are going to be called upon in case the opposite party believes that you are also liable for the accident. Even though there are specific fault determination rules which are going to take place, the repugnant might call up additional expertise in order to determine the proper assessment and distribution of the fault in order to claim reduction of the claim. In order to counter-act you are going to have to have solid arguments proving that you have no role in the causality and you are only the injured. This is particularly important if you want to be able to get the full amount of your claim. That is one of the reasons that you need to call in the personal injury lawyer to represent your side. They understand the details of the case and help you navigate the different legal procedures.

Decline Responsibility

The opposite side might claim that he is absolutely not responsible for the accident by stating different arguments. You have to be thoroughly prepared to prove that he was at the site and he was the one who caused the accident. In doing so, you would have to determine the three pillars of the personal injury case – damages, negligence and causality. You have to be prepared to prove your actual damages. Furthermore, you have to prove that the accident was caused because of the negligent behavior of the opposite party. Doing so would require him to breach some specific duty of care which is owed in the particular situation which means that you also have to prove the required duty of care and its breaching. Furthermore, you want to prove that there is a thorough causality link between all pillars – the negligent behavior should have caused the accident while the accident should have caused the damages that are being claimed upon.

If you manage to do all these you can rest assured that there won’t be any arguments that could be used against you. However, even though it might seem rather straightforward there are tons of potential complications that you might want to take into consideration.

Changes in the Car Accident Benefit System

There are changes on Accident Benefit (no-fault) car insurance that are going to considerably reduce the regular benefits which are now available to the majority of people who have been injured in car accidents. The people of Ontario are still going to be offered the chance of purchasing additional coverage once they purchase their car insurance. Even though the catastrophic victims are going to be affected by the changes, those who are deemed non-catastrophic are facing the most notable reductions in the benefits and they won’t have access to funding for management of the case. This means that they are going to require further benefits advice as well as assistance from discharge planners, nurses and social workers prior to retaining a lawyer.

Dispute on disability benefits

There are a lot of dispute regarding the catastrophically impaired victims of car accidents. The outcome of these particular disputes is incredibly important because the benefits which are available to the catastrophically injured has significantly increased. The number of held disputes is likely to be increased as the benefits for those who are deemed non-catastrophic are significantly reduced. There are a lot of reductions which are questionable and they have now completely eliminated housekeeping and caregiver benefits. This is something that’s definitely going to cause a reaction. Car accidents are serious and they often cause people to sustain prolonged injuries which render them unable to conduct certain activities. This requires the hiring of a housekeeper or a caregiver and under regular circumstances the expenses should be covered by the insurance company or the at fault party in case of a civil lawsuit.

Limitations on long term disability benefits

However, going further reveals other restrictions and reductions such as a cut in half attendant care benefit which is now with a maximum of $36,000. Furthermore, there is $50,000 which is allowed for the entire medical and rehabilitation assessment needs. There is a restriction of up to $3,500 for minor injuries. Your personal injury lawyer is going to inform you about the various aspects to consider so that the chances of getting the compensation increase, despite the changes in law.

These proposed changes are questionable. While $50,000 might seem like enough for the majority of accidents, the truth is that there are injuries which are going to far exceed the need for reparation provided by this particular amount. It’s impossible for a long-term disability claim to be covered by $50,000, especially if it’s a matter of heavy spinal cord injury, for instance. This is why the restriction is rather questionable and it might leave the door open to further disputes as to what’s going to constitute as a catastrophic injury. It’s likely that the definition of this term is going to be broadened in order to meet the requirements of the new restrictions, but it is an inappropriate approach as it doesn’t provide a constant and long-term solution to the issue at hand.

Are Some Workplace injuries Beyond the Scope of Worker’s Compensation?

Workplace injuries are quite common. There are a lot of working environments which are going to predispose towards certain risks and if you’ve been injured in a matter of the kind then you are probably being told that you can receive compensation only from the employer’s workers’ compensation insurance.

This is generally true because it is the main rule. You need to understand that this is what the insurance is for and that’s why your employer is paying premiums in order to keep it up and running. Having proper insurance is incredibly important and the workers’ compensation one is a part of every properly ran business. However, there are certain exceptions of this particular rule of thumb and it’s worth taking a look at each one of them.

Injury by defective products

The first one would be if you were injured by a defective product. While you would still be able to claim compensation from the employer, you are also entitled to go ahead and claim it for the product manufacturer under the regular premises of filing a product liability claim. This is going to give you additional grounds and it’s incredibly beneficial. Furthermore, if you have been injured by a toxic substance, for instance, you could be able to bring up a toxic tort lawsuit against the company that manufactured the substance. This is also incredibly beneficial, especially if you are working in a field of expertise which requires usage of toxic products. Negligence or lack of safety procedures can be one of the factors for the injuries and you need to talk with your lawyer about.

Suing the employer

Suing your employer in a regular civil lawsuit is also a possibility. You have to understand that the labor legislation of Ontario is particularly protective of the workers as they are the vulnerable working class and they need more protection. However, if your employer hasn’t been dully covered by workers’ compensation insurance policy you are going to be able to claim damages by suing him directly in court. This is generally something that you want to avoid and undertake other paths if there are some available because the procedure could be rather lengthy and you run the risk of getting compensated later in time. Even though it’s a possibility, you should undertake other opportunities if you can.

Third party related injuries

If a third-party caused the injury while you were at the workplace, you are going to be able to sue the third party directly instead of filing a claim against your employer. As you can see, there are quite a few situations, and there are many more, under which the workers’ compensation insurance isn’t your only option. Even though the employer would like you to think so because that’s what he’s paying his premiums for, you should be aware that there are a lot of options in front of you that might turn out to be even more viable.

All About Proving Wrongful Death

The first thing that has to be taken under thorough consideration is the fact that negligently caused wrongful death has nothing to do with murder and the consequences that both acts cause are absolutely different. Wrongful death is a part of the civil legislation and an institute that is very important. Civil lawsuits are not about seeking incrimination and punishment for criminal activity – they are merely compensatory means which have the sole intention of repairing the damages which were caused by the negligent act. However, wrongful death is a bit more peculiar because there are a lot of specifications surrounding it.

Filing for compensation

It’s important to determine the parties which are capable of filing a compensatory claim when it comes to wrongful death lawsuits. Obviously, the victim has tragically passed away and he isn’t going to be able to do so. His own right to seek reparation has been deemed mute but it has passed to his blood relatives as per Part V of the Family Law Act of Ontario and they are the people who are capable of acting upon this particular claim.

However, one of the things that have to be taken into thorough consideration is how to prove cases of the kind. Keep in mind that wrongful death is caused negligently. Therefore, the claimant has to prove that there has been a duty of care. This particular duty requires the responsible party to have acted thoroughly as per the regulation set forth in the respective active legislation. The next thing that has to be done is to prove the breach of this particular duty. This is done by showing and displaying the actions of the responsible party that have breached the duty. The plaintiff’s lawyer in Burlington will be able to do the needful.

Require evidence

There are all sorts of evidence that could be used in this particular regard and the claimant isn’t limited or restricted in any way. Afterwards, the last thing that has to be duly proven to the court is the causation between the breach and the injury that caused the wrongful death. This is likely to be one of the most important things because if that causality link is broken then the case is going to lose grounds. That’s something that might get you no compensation at all and you must make sure that you have the relevant documents to link the death of the deceased with the negligent, duty-breaching actions of the repugnant.

As you can see, there are quite a few things that have to be thoroughly taken into consideration, if you are to win a wrongful death case. This is only logical, considering the gravity of the matter and how important the outcome is for both of the parties that take part in it. Your lawyer will be able to discuss the details of the case with you and provide you with pertinent legal advice.

Specific of Ontario’s Slip and Fall accidents

The truth is that individuals are often injured or hurt on premises which aren’t theirs. They are commonly owned or currently occupied by a third party. The slip and fall accidents can very well result in some incredibly grave and serious injuries such as hip injuries, broken ankles, a variety of orthopedic injuries and even traumatic brain damages and spinal cord injuries, even though the last tends to happen more or less is rare. However, chances do increase when you slip and fall on your head or have a bad fall that leads to slipped disk or spinal cord injuries.

Recover monetary damages

If this is the case, you have to be well aware of the fact that you are fully entitled to recover the monetary damages for you’re the losses that you’ve incurred. The majority of the times, however, the insurance which is placed to protect the owners of the property as well as their managers or other contractors is going to take care of the damages that you’ve had to incur. However, in some cases you are also going to be able to file a civil lawsuit pursuing what you haven’t been repaid by the insurance company.

The slip and fall accidents on the territory of the province of Ontario consist the majority of the premise liability claims in the courts. The law which governs these claims is the Occupiers’ Liability Act and it has been enacted back in 1990. Interestingly enough, this particular act, as well as some others, has never been altered or amended which speaks to the effectiveness of the provisions in it.

Occupiers’ Liability Act

In any case, the liability which is set forth in it is rather broad and it aims to protect the victims of such incidents, regardless of who the current occupier is. This means that you can file your claims towards the owner or towards the tenant, depending on the current case. The Occupiers’ Liability Act doesn’t specify the conditions under which the accident must have occurred but there is an extensive legal practice in that direction. With this in mind, the most common causes for slip and fall accidents in the province of Ontario are as follows:

–          Unmarked step-downs

–          Inadequate and improper lighting or lacking thereof

–          Trip hazards

–          Uneven surfaces

–          Slippery floors or sticky once

–          Snow and ice which hasn’t been properly cleared

There is, however, one way under which the occupier of the hazardous premise can avoid legal responsibility. This is achieved by placing a warning sign or a label which serves the purpose of letting people know of the potential danger. By doing this, the duty of care is transferred onto the person who is passing by on the premises and the owner is no longer liable. The solution is quite fair as it’s not always possible to eliminate the potential hazard immediately.

Know More about Claims for Product Liability in Ontario

Claims based on product liability are likely to be some of the most common claims filed in front of the courts of the province of Ontario. This is mainly due to the fact that there is a lot of legislation which gives full merit to people who have suffered from damages caused by product malfunction and the procedure is clear and transparent but it’s also quite complicated as you might have to undergo a few steps prior to filing your case.

Manufacturer or retailer

The first thing that you should consider is whether or not the defective product was purchased from a retailer or from the manufacturer himself as this leads to two completely different hypotheses. In any case you have to know if your product has a warranty or not because this is also going to impact the outcome of the event. If it has a warranty you can claim your damages directly from the manufacturer, provided he’s the one giving the warranty. It’s also quite common for the retailer to issue warranties even though he isn’t the one who manufactured the product. If that’s the case, you should seek your compensation from him. Your lawyer will have to ensure that your rights are protected. Additionally, you will need to ensure that your lawyer is conversant with the case details.

Sale of Goods Act

However, if there is no warranty, you shouldn’t be too concerned or worried about not getting compensated for the damages that you had to incur as a result of the malfunctioning of the product. The Sale of Goods Act which is in full force in the province of Ontario, the retailer has three dully obligations that have to be properly executed. The first one is that he has to sell products which are suitable for their purpose. This means that they have to be free of any defects which may render them unfit for usage as this is going to be a direct breach of this particular duty. The second duty comes into the picture if you’ve purchased the product based on a sample. If that’s the case, the quality of the product that you get has to directly correspond to the quality of the sample that you’ve been shown or tested. In any case, any differences give you grounds for seeking compensation.

The third and last duty is that if the retailer is selling items which are based on samples such as a catalogue, for instance, these items have to be fit to be properly sold. If you have bought a product which isn’t covered by any sort of warranty and this product turns out to be faulty, you have the full right to seek reparations under the Sale of Goods Act in Ontario. However, it’s highly advisable that you seek the professional consult of a lawyer who is practicing in this particular area as the matter can get quite complicated.

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!

Ontario’s Regulations Regarding Pedestrian Accidents

Sadly, all across the province of Ontario, pedestrian accidents are quite common. Whether it’s a motorcyclist or a driver that’s going to be the cause of an accident, or the pedestrian himself, the unfortunate truth is that these accidents tend to happen a lot more often than they should. That is why specific laws deal with these accidents related injuries and can be exhaustive, ranging from slip and fall to vehicle hits.

In any case, they occur on roadways, crosswalks as well as intersections and parking lots – basically almost everywhere. The frequency of these accidents increases dramatically as the weather conditions get worse or the lighting on the street fails. In any case, this is something that has to be taken under the most serious consideration as pedestrian accidents almost always result in terrible orthopedic injuries and in some instances even in death.

The Duty of Care Owed to Pedestrians

Motorists and other drivers owe a duty of care to the pedestrians on the streets. This is due to the fact that the traffic is regulated by the provisions which are dully set forth within the Highway Traffic Act of the province of Ontario and there is a thorough and reverse onus for these sorts of pedestrian accidents. This basically means that if a pedestrian accident occurs, the law is automatically assuming that the driver or the motorist was at fault. As you can imagine, this makes it a whole lot easier for pedestrians to make their claims, even though it’s not as easy as you might want it to be. This is due to the fact that there is a lot of paperwork to be filled out and a lot of documents to be drafted and filed within the appropriate authorities. If you want to take the matter to the court, you’d have to file a compensatory claim and its best if you go ahead and get a consultation with a pedestrian accident lawyer in the province of Ontario.

The Complexity of the claim

The truth is that the complexity of the claim comes from the Insurance act and the Rules of Fault Determination, respectively the No Fault rule set forth in the province of Ontario. The latter stipulates that the insurance company is going to take care of the damages done by the insured regardless of whether or not he’s at fault or not. This means that your monetary damages are going to be compensated by the insurance company of the one who caused the accident – the motorist or the driver. However, if you want to pursue them to the fullest extent, you’d have to file a civil lawsuit and take the compensation that you’ve already received out of the equation as you won’t get money in excess to what you are entitled to. This might lead to a lot of confusion and potential complications.

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 the Short and Long Term Disability Claims

Injuries which occur to one’s bones, joints as well as the abundance of supporting structures such as the ligaments, tendons, cartilage and muscles would most often result from some sort of trauma which has been caused by an accident. The accidents which pose significant interest to the area of personal injury law are car accidents, motorcycle accidents, dog bites as well as slip and fall accidents amongst many more. However, it’s also worth noting that orthopedic injuries would often require surgical intervention which may lead to some permanent disabilities or the necessity of adding artificial objects in the person’s body such as plates, screws or other orthopedic hardware required for the proper functioning of the problem area. You have to understand that these injuries are incredibly serious and they could lead to both short term and long term disabilities, both having different legal consequences.

Short term disabilities

There are a lot of provisions set forth by different acts such as the Insurance Act, the Occupiers’ Liability act and even the Dog Owners’ Liability Act which govern short term disabilities and the way they are recovered by the at fault party. Depending on the premise that they derive from, the orthopedic injury is going to be subjected to a different order of compensation and it would lead to a different amount of legal responsibility which is going to be imposed and taken by the at fault party. However, if a trial is sought after and it ends successfully, monetary compensation is going to be awarded in all cases. These traumas are typically not that serious or at least they don’t have a permanent effect on the body of the victim. However, you can file for compensation with the help of a personal injury lawyer and cover the cost of medical bills and other compensatory damages.

Long term disabilities

These are also known as permanent disabilities as there is less to no chances at all for full recovery of the one who is suffering from them. Loss of sight or other senses, for instance, as well as loss of limbs or other body parts will always lead to long term disabilities and they have to be treated as such.

The main thing about this type of injuries is that they lead to cases which seek monetary compensation in the form of a disability benefit, or pension, which has to compensate the loss of income of the victim in a manner which would allow him proper and dignified living. However, these cases are incredibly hard to go through as there is a lot that has to be proven and that’s why you should definitely rely upon the services of a reputable attorney with a lot of relevant experience and dully proven track record to get you the compensation that you rightfully deserve. These cases often take quite a long time prior to being settled by the court.

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!

Dealing With The Aftermath of Fatal Car Accidents In Ontario

The truth is that fatal car accidents in Ontario are rather common. The loss of a beloved member of your family or friend is always going to be tremendously devastating. However, the truth is that it could be even more traumatic when it has happened suddenly and it was particularly caused by someone else’s incompetence. However, the sad truth is that these accidents remain quite common in the province of Ontario. While it’s only natural and incredibly understandable that you are going to need to take your time to mourn the loss of the loved one, you owe it to your family to and to yourself to seek the reparation of the tremendous harm that’s been caused.

How is compensation sought after in Ontario?

In the province of Ontario, when someone has tragically passed away as a result of fatal motor vehicle accidents, his family members are fully entitle to make a wrongful death claim and seek compensation for their losses. They can get quite extensive as they include a majority of things such as compensation for loss of care, companionship, guidance, support a well as service. As you can see for yourself, these involve both emotional and fully physical damages and that’s the main differentiation. However, it’s also important to understand that some of the damages are going to be covered by the insurance company as the Insurance Act of Ontario is in force and it would take effect in cases like that.

Claiming damages from an emotional essence

Compensation for loss of guidance, companionship and support, for instance, are the typical emotional damages which are being sought after in the majority of fatal car accidents in Ontario. However, there are quite a few things that have to be taken into consideration. First of all, the exact amount of damages which is going to be awarded is fully dependant on the discretion of the judge. He is the only one entitled to make this a reality and he is going to take every circumstance in thorough consideration. They can’t be proven with physical documentations and they should be assessed as a reflection on the mentality and the consciousness of the surviving family members.

Claiming physical damages

These are the pecuniary damages and they have a more explainable nature which is far easier to comprehend. These are the damages that the surviving family members had to sustain as a direct result of the loss of their loved one. They might include pre-mortal medical bills as well as the costs for the funeral and also the loss of financial support, provided that the member who’s passed away played an active role in supporting his family with finances.  If that is proven then you as next of kin is eligible to get compensated by the defendant or their insurance company.

However, it is important to have a good lawyer’s support to ensure there are no loopholes to be exploited by the other 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!

Understanding Your Rights in a Long-Term Disability Claim

In cases where an individual has been injured in an accident and sustains a temporary disability, they are usually covered by short-term disability benefits.  Furthermore, there are certain rights that protect you while you’re disabled and you need to be aware of them.  If you aren’t, your personal injury lawyer and his or her legal team will explain them to you.

You need to test for total disability when the individual is not in a position to complete the tasks of everyday living because he is not physically capable of doing it. When there are injuries that render an individual unable to work or do anything, it is classified as total disability. Amputations, paralysis, traumatic brain injuries, spinal cord injuries are just some of the reasons that you might need to file for total disability. You might need to hire a lawyer, to ensure that your rights are protected. In Ontario Province, there are 4 separate types of disability benefits, each of which is made up of a different set of procedures and rights.as follows:

CPP (Canada Pension Plan) disability benefits – assuming you meet all medical test requirements, these benefits cover you from the time you are injured up until retirement.  Once you turn 65 years of age, this coverage transitions into your pension benefits.  The amount you are paid is based on what you have contributed to your pension fund.

ODSP (Ontario Disability Support Program) – this covers individuals who are in dire financial straits or have been unable to work since they became disabled.  You are required to prove that you are in financial need.  You have several rights to be aware of under the ODSP including:

·         The right to an in-person meeting with your case worker (you can have an injury lawyer with you)

·         The right to appeal decisions that are made regarding your case

·         The right to obtain additional medical and prescription medication benefits

·         The right to obtain written decisions about your case

Private insurance long-term disability benefits – benefits are available by virtue of a contract with your employer or that you have obtained personally.  The procedures and a portion of your rights are dependent upon the insurance company’s contract.

WSIB (Workplace Safety and Insurance Board) – company employees pay into this government-based insurance.  It covers them should they be injured and disabled in a work-related accident.  Since this is no-fault insurance, you give up your right to sue your employer.

If any of your rights under the long-term disability programs listed above have been violated, you have several recourses available to you.  You can file an appeal with your insurer or file a complaint with the Ontario Human Rights Commission.  If your benefits have been dramatically reduced or terminated, retain the services of a personal injury lawyer and their legal team to represent you and commence litigation.  Don’t let the legal process overwhelm you and give up.

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!