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!

What is the Liability of the Dog Owner?

Strictly speaking, the municipalities of Ontario are responsible for the overall animal control in the province. This means that if a person has a particular complaint about the dog of someone else, he should contact the local office of animal control and make his case. However, if the situation is an emergency, he should consider contacting the police.

However, if someone is bitten by a dog, for instance, he has the full right to sue the owner of said dogs for the damages that he had incurred. It won’t much matter if the person who owns the dog is negligent, at fault or, in fact, has any knowledge of the occurrence of the dog bit. If the lawsuit is held successfully and the court orders him to pay the damages, he’d have to do so regardless of anything else. On top of all that, there are also additional precautions that have to be taken into thorough consideration – the owner has to put a lead or a muzzle on the dog or said dog is going to be legally destroyed, which is basically the worst case scenario.

Additionally, the Dog Owners’ Liability Act of Ontario makes every single dog owner responsible for the damages which are caused by bites of his dog to another person or to other domestic animals. In fact, if the case is serious enough, the victim might file an application to the court, requiring the dog to be destroyed or euthanized if it’s considered severely vicious. The court is also entitled to order the owner of the dog to exercise extreme precaution by putting the dog on a tight leash, getting it muzzled or confined to a strictly secure area with particular and clear warning signs. The court can also prohibit the dog owner to own a dog for a specific period of time if found appropriate.

Prohibition on pit bulls

There is also an interesting provision in the Dog Owners’ Liability Act of Ontario which specifically prohibits pit bulls from being imported, bred or even transferred throughout the province. However, if you’ve owned a pit bull prior to 2005 you don’t have to worry as those animals are exempt from the provision. In any case, you are allowed to have a restricted pit bull which has to be thoroughly leashed, sterilized and muzzled. An offence of these regulations can just as well result in a severe penalty of up to $10,000 and even jail time of up to 6 months. The state takes this restriction seriously as pit bulls are considered to be more dangerous than other dogs due to the nature of their bite and their overall temperament. In any case, the regulations are thorough and extensive and easy to follow.

Thus, as a dog owner, you need to be conversant with the current laws and regulations so that you are not caught off. This will help you stay protected and others too.

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 You should know about Disability Insurance Coverage

Long-term disability insurance coverage offers some financial protection if you are unable to work and pay your bills after sustaining injuries in an accident.  Basically, this coverage provides a portion of your earnings so that you are able to pay your monthly bills as well as your medical and rehabilitative treatment.  The intention of disability insurance is to counteract any financial hardship that could arise if you have sustained serious injuries that prevent you from doing your job. The amount varies depending upon your requirements and it is best to discuss it with your lawyer.

Long-term and Short-term Benefits

In most cases, you will be paid disability benefits for up to 2 years if you are unable to work and meet the requirements of your employer.  However, disability benefits are usually classified into 2 categories – long-term and short-term disability coverage.  Long-term disability provides a more permanent solution for income replacement when you are unable to work due to your injuries or medical condition.  Short-term benefits replace the income you lose when you are temporarily disabled and not able to work.

Different Types of Disability Insurance

There are several types of disability insurance coverage that are available to residents of Brampton, Burlington, and Mississauga.  These include:

  • Critical illness coverage – provides you with financial support in the event that you’ve been diagnosed with one of up to 20 critical illnesses including cancer, heart attack, heart disease, or stroke.  Regardless of whether or not you can return to your job, you will still receive these benefits.  Once you have been diagnosed with a critical illness, you must survive for 30 days.  However, you will be paid in a single lump sum once you have survived that 30-day period.
  • Disability mortgage coverage – should you become unable to work, this coverage provides financial support in order to cover a portion of or all of your mortgage payment up to a certain percentage every 2 weeks or monthly.  However, there is a 2-month waiting period before you start receiving your benefits.  There are also limits imposed on the amount of coverage you’ll be provided the duration of your benefit coverage.
  • Long-term disability coverage – in the event that you are disabled or sick and you are physically unable to work, long-term disability provides a percentage of your earnings that will help pay for living expenses, medical treatment, rehabilitation therapy, etc.  You are considered eligible if you can prove that you are physically unable to work during the first 2 years.  After 2 years, you must prove that you are unable to perform any type of work.
  • Short-term disability coverage – provides temporary replacement of lost income when you cannot work due to a specific medical condition such as a serious illness or injury.  Normally, short-term disability benefits are available for a maximum of 4 months (120 days).  Employers typically purchase short-term disability coverage for their employees.

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 can I sue for and Who can I sue in a Personal Injury Lawsuit?

When a prospective client approaches a personal injury lawyer in Brampton, Burlington, or Mississauga, they typically have a lot of questions to be answered in their initial consultation.  While personal injury law is oftentimes a very complex area of the law in general, the primary goal of your lawyer is to determine what you can actually sue for as well as who you should sue based on your case.  The end goal is get the compensation you are deserving of while at the same time ensuring that your rights are protected.

What can I sue for?

For all intents and purposes, personal injury lawyers in cities like Brampton, Burlington, or Mississauga and throughout the Greater Toronto Area (GTA) can represent you in cases involving the following:

    • animal attacks and especially dog bites
    • catastrophic injuries (spinal cord and traumatic brain injuries)
    • defective product/product liability cases
    • motor vehicle accidents
    • orthopedic injuries
    • pedestrian accidents
    • public transit accidents
    • slip and fall accidents

They can examine your case in order to determine what caused your injuries as well as whether or not someone else is responsible for them.  If you were seriously injured in an accident that was caused by another individual’s careless, negligent, or reckless actions or behavior, you may be entitled to compensation.  In some cases, injury victims have sued municipal governments and property owners and won substantial compensation.

Who can I sue?

When consulting with your personal injury lawyer for the first time, it is recommended that you tell your story to the fullest.  In other words, discuss as many of the facts that are relevant to your case.  It is very important that you and your lawyer determine who or which parties to sue in your case.  In some cases, you may discover that there are other parties who played a role in the cause of your injuries.

There may also be a concern about suing the other party until you find out whether or not they are insured.  For instance, in a personal injury claim of product liability (suing for injuries sustained by using a defective product), there are a number of parties that can be found liable including:

  • Designers
  • Manufacturers
  • Wholesalers
  • Distributors
  • Suppliers or vendors
  • Retailers

 

In other words, anyone who is involved in the supply chain could be held liable if you are injured when using the product in question.  A person can sustain injuries because of failure on behalf of the manufacturer to instruct the consumer on product usage, flaws in the design, improper inspection of the product, manufacturer’s error, and so on.  The bottom line is that you should always retain the services of a personal injury lawyer in Brampton, Burlington, or Mississauga.  This will give you a better chance of getting the compensation you deserve and ensure that your rights are protected. Talk with an experienced lawyer today.

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!