Things To Consider Car Accidents In Ontario

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

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

Slow legislative system

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

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

The benefits of the out of court settlement

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

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

 

Are All Orthopedic Injuries Covered By Tort Laws In Ontario?

ll of the civil legislation of the province of Ontario governs the reparation of different types of injuries. The truth is that the majority of accidents are going to cause orthopedic injuries and they are without a doubt the most common type. That’s why the majority of provisions and statutes such as the Occupiers’ Liability Act, the Ontario Highway Traffic Act, the Dog Owner’s Liability Act, the Insurance Act of Ontario and many more are all focused towards the reparation of damages, both physical and emotional. Let’s go ahead break it down and see how the different legislations are going to regulate the compensation of physical injuries.

The Dog Owner’s Liability Act which was pushed forward back in 1990 on the 31st of December clearly defines the liability of the owner of the dog which has caused the damages. He is liable for all of the physical damages which the victim has had to incur as a result of the attack of the animal. This, however, doesn’t only cover the orthopedic injuries but also the emotional ones which are most commonly referred to as pain and suffering.

The Occupiers’ Liability Act which was enacted on the same day as the previous piece of legislation is also providing broad responsibility for the occupier if someone has been injured, while passing his premises. This is also a fair solution and of course the legislation also governs the determination of compensation for pain and suffering as well.

The Insurance Act of Ontario, on the other hand, is the one which governs the responsibility of the insurance company towards compensating the insured for the damages that he is covered for under his particular personal insurance company. For the most parts, we are talking about orthopedic injuries.

However, it’s also worth noting that orthopedic injuries can be manifested in a variety of different forms. The term itself encompasses a wide range of different damages such as broken bones, ripped muscle tissue, ripped tendons and dislocated joints amongst many other injuries. However, the truth is that the majority of orthopedic injuries wouldn’t have that serious of consequences but they shouldn’t be underestimated. As a matter of fact, the range of orthopedic injuries is so wide that some might cause temporary pain which goes away for a couple of hours while others might cause tremendous complications and even permanent disabilities. This is why it’s impossible to gather them under one uniform term and talk about them in general. Every orthopedic injury is subjected to different compensation as per the consequences that it’s going to bring. This is why orthopedic injuries are an integral part of the law, even though they are primarily a part of the medical profession.  However, lawyers work in close proximity with the doctors to ensure that the fair and just settlement is reached.

 

Recoverable Damages by Pillion Riders in Motorcycle Accident

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

Filing against the operator of the motorcycle

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

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

The burden of proof

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

Two-Vehicle Accident

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

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

Is Your Case Considered As Medical Malpractice?

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

When it’s not a medical malpractice

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

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

When you can sue

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

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

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

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

Critical Consideration When Filing Claim and Seeking Compensation Whiplash

Now, the first thing that you need to understand is that “whiplash” is a commonly used term which describes the injury which results from an abrupt flexion of the neck in a back-and-forth manner. This is quite commonly observed in different accidents – mostly motor vehicle ones. The thing that you should be concerned with is that whiplash can actually be particularly painful and also rather disruptive. It could prevent you from doing your job or conducting your daily affairs in a convenient way. This is when you might want to consider filing a claim.

Key Considerations

When it comes to whiplash, however, seeking medical treatment on the spot as soon as you can is absolutely critical. This is even if you feel the slightest amount of discomfort or pain. Keep in mind that whiplash, as well as other common injuries wouldn’t be symptomatic right away but they would manifest further on and cause you tremendous pain.

When you present the doctor with the facts revolving around the accident he should be able to look for the particular signs of the injury which could actually be unnoticed in other circumstances. With this in mind, it is particularly important to get the first disclosure of the condition from the doctor. In the majority of the situations the adjusters are going to be suspicious, to say the least, when it comes to a whiplash so you need to make sure that everything is handled as per the protocol.

File your claim quickly

The sooner you file your claim the quicker you might get the compensation for your damages and consequential medical bills. This is particularly important. As Ontario is governed by the Rules of Fault Determination in the Insurance Act of Ontario and there is a “No fault” rule, you have to notify your insurance company right away.

Keep proper paper trail

This is absolutely paramount for your whiplash case. Keep in mind that filing for whiplash is not an easy undertaking and it’s far from being a “sure-thing”. With this in mind, you might want to keep you chances in the positives by ensuring that you have all the necessary paperwork. Every time you make some sort of an expense related to the injury, you might want to get a receipt for that and store it away in your file for the case. This is going to provide you with the necessary documentation that you need in order to meet the burden of proof in this particular case. It’s important that the document clearly shows that every expense is made in relation with the injury. This is also going to definitively determine the amount of your claim. Allow an experienced lawyer that specializes in tort cases to handle your case as well. They understand the nuances and loopholes of tort laws and will be able to help you get justice.

Top Tips on Dealing with Insurance Adjusters after An Accident

Like it or not, as per the current local legislation set forth in the province of Ontario, the “no fault” rule is in effect and you can seek reparation through your insurance company, regardless of whether you are at fault or not. For the most parts this is a particularly fair solution but it also pins you again insurance adjusters which could be quite difficult to handle. With this in mind, we’ve prepared a few helpful tips that you can take advantage of in order for the entire thing to be processed aster.

Things to do when dealing with the adjuster

It goes without saying that there are certain things which are going to help you out a lot in the entire situation. Let’s take a look:

·         Be organized. Keep the documents of your claim neatly organized. Put the most recently issued documents on top in order to make them easily accessible and in a chronological order. This is going to make things quite comprehensive for you and for the adjuster.

·         Assist him as you can. Whenever you can assist him with anything about the procedure – go ahead and do so. This is going to spare you time and it’s going to move the procedure forward.

·         Don’t be afraid of a lawsuit. Sure, this is something that you generally want to avoid but believe me – he wants to avoid it even more. Insurance companies do not want to risk reaching a court ruling and you shouldn’t be afraid to bring it up if you need to.

·         Be firm. Do not accept offers that do not suit your claim or which are obviously a lot lower than the ones you should get – it’s what they want you to do. However, it is better to wait and ask for more than settle for the first sum that they offer.

Things NOT to do when dealing with the adjuster

There are, of course, things that you shouldn’t do when dealing with your insurance company’s adjuster. They include:

·         Do not be an imposition. Don’t call him every single day to find out how it goes. If he’s not calling you he doesn’t have any news. Sure, you should call every once in a while to make sure that your case isn’t thrown at the back burner but that’s all.

·         Do not threaten. You might be pretty courageous about going to court but keep in mind that insurance companies have entire legal departments which are suited to fight you in trial. While they might not prefer it and want to avoid it, they sure know how to handle a case as they’ve done so hundreds of times.

Basically, these are some of the things that you might want to take into proper account. As the role and responsibility of the insurance adjuster is high, it is good to be polite yet firm or allow your injury lawyer to deal with him.

What You Need to Know about Doctor’s Insurance

Medical malpractice cases are more common than we’d like them to be and that’s a fact. However, just like any other personal injury law case – you would have to deal with insurance companies. Of course, the premises are completely different and there is no place for the “no fault” rule when it comes to medical malpractice but you would once again have to deal with insurance companies and their adjusters.

Why? Well, because mistakes tend to happen and the medical professionals can’t work under pressure of committing something that might render them liable for hundreds of thousands of dollars. In order to ensure their professional attitude and unburdened practice, every single doctor is covered by a professional insurance policy which covers these sorts of damages. This makes the matter more complicated for the plaintiff. However, there are things that you need to take into account.

The coverage of the policy

The first thing that you would need to account for is the coverage of said policies. They are usually signed for a certain period of time. This means that if the injury that the claim is targeting has happened in the period that’s covered – the insurance will be in effect. However, if the injury has happened after the expiration of said policy, the situation would change dramatically and the doctor might be required to pay out of his pocket. However, one of the things that you should be informed is that the moment of importance is the moment of the injury and not the moment of the filing – the solution is perfectly reasonable as the alternative would leave the door open for abuse.

So, what happens if the injury has occurred after the expiration date of the original policy? That’s when the tail policy can kick in, provided the medical professional has subscribed for it.

What is a doctor’s tail insurance?

This is the insurance which is designated to cover situations of the kind. Of course, the premiums for it are higher and that’s why some doctors would opt out of it. But when the need presents itself, you can save up quite a lot of money as medical malpractice cases are certainly not cheap.

As you can see, even in a case of the kind you would have to deal with insurance companies. This might be a bit burdensome but at least it’s some kind of reassurance that you are up against an entity which has the financial means to pay a lot of money. That’s why cases of the kind are usually followed through in trial and not settled outside of the court. You are going to need a great personal injury lawyer, though as the cases go on trial and various aspects will be covered to prove medical malpractice. That is why as a victim, it is best to seek a successful injury lawyer that specializes in medical malpractice which includes negligence, misdiagnosis and more.

How to Handle Yourself after a Car Accident In Ontario?

Being involved in a serious car accident can be one of the most horrible things that could ever happen to you. The event is incredibly traumatic, it often ends in terrible injuries of all kinds and sometimes even in death. In any case, you should consider pursuing your legal rights, provided you are on the side of the law. If you aren’t, then you have to think about a great defense strategy.

Laws pertaining to car accidents

In any case, you should be thoroughly aware of the fact that the country of Canada is divided in different provinces, each of which is authorized to issue legislative acts which are separate and can differ from the ones enacted by the Canadian government. The state of Ontario, however, doesn’t have a lot of legislative differences when compared to the Governmental law. However, there are a few things that you ought to know if you’ve been involved in a car accident.

You must make sure to get the relevant and legal information if you’ve sustained some sort of injury. This is intended to help you later on when you file your injury claims. You have to comply with all the legal procedures in case. You have to remain at the site of the accident. However, if someone is hurt, you have the absolute legal obligation to help them. This doesn’t mean that you should provide them with medical assistance – you simply have to call the 911 number and get the ambulance or the police going.

Accident Reporting Center

Make sure to get the other vehicle’s license plate as well as the information regarding the driver. This is rather simplified because you are legally obligated to do so. If there is someone who’s injured, the police are generally going to come at the scene but if there are not there, you’d likely be redirected towards the Accident Reporting Center.

Notification to the Insurance Company

You also have to notify your insurers. But before you do so, it’s highly advisable that you contact a lawyer so that he could provide you with actual information that you could rely on and not get manipulated by the insurance company. In any case, after you open the report of the accident you have to file your claims in a timely manner. Once this is done, the insurance company will start looking into it. This is why you should be really well aware of your rights so that you get all that is rightfully yours. The insurance company is going to be provided with the right to inspect your vehicle in order to determine the amount of damages that has to be paid. In any case, the procedure isn’t overly complicated but it’s time consuming and requires knowledge of the respective regulations. Depending on a professional lawyer is your best bet as they understand the nuances of the complex and challenging cases that are covered under Tort Laws.

When Is The Best Time To Negotiate And Settle Your Claim?

The quick answer to this question that every single personal injury lawyer in Ontario is going to give you is always. Negotiations are far more lucrative than trials. Sure, you may be required to get a lower amount of money than your case is actually worth but the truth is that this is going to save you time, effort and most importantly – your piece of mind. Trials are long, especially in Ontario. In fact, the courts are so over flooded with work that if you file a motion for a hearing today, you are likely to get the actual hearing somewhere in 2018. That’s right, it’s not unheard of and in fact it’s becoming quite common for personal injury claims to take several years to get resolved through a trial procedure.

So, with this being said, settling the case through negotiations is far more lucrative for you and for the insurance company. Why is that, you may ask. Well, the more you postpone the case and the stronger your argument is, the more money the insurance company is going to have to pay you. This is due to the fact that there is an interest rate that accumulates from the moment your insurance was due to the moment it was actually paid off. In case of a trial, the majority of lawyers are going to advise you to claim this interest.

Looking at matters on your behalf, a quick settling of the case means that you get to move on with your life as quickly as it’s possible. The last thing you want after being involved in a traumatic injury and having undergone series of complicated medical and rehabilitative procedures is to get engaged in a year-long trial at the least, if not longer. Your priority should be to get your compensation as quickly as you can and get it over with sooner rather than later.

What is more, the quicker you get through the case, the easier it would be for you to get actual compensation. As this thing gets dragged through time, new information could come to light which might compromise the integrity of your claim. Insurance laws change quite often in Ontario and the last thing you want has to wait for a debate on whether the new laws are going to affect pending cases such as yours.

So, you should always try to get the case settled with negotiations. Though it is best that you hire an excellent lawyer to negotiate on your behalf, and deal with the insurance adjuster. This is because they are more knowledgeable about all aspects of the claim settlement. This is the quickest way for you to get it over with and it’s by far the overly preferred by the majority of claimants. It’s a fact that most of the personal injury claims never even get close to a court room and get settled way upfront through sound negotiations.

Relevance to Dooring Accidents with Personal Injury Law Claims

The truth is that the weather in Ontario can get rather rough during the winters. However, once the spring comes and it starts getting warm again, people get on their bikes and start cycling. This is a great endeavor. It allows you to get from point A to point B particularly fast and it’s environmentally friendly. However, it’s also rather dangerous. Even though you are going to wear protective gear, being involved in an accident usually means pain – lots of it. The reason is quite obvious – the collision between a 500 pound vehicle and a 25 pound bike won’t ever be good for the latter.

Now, there is a new phenomenon which is obviously catching up to speed in Ontario and it’s called dooring. This term relates to the event in which a driver opens his door on his parked car without paying attention to whether or not there is a cyclist and the entire thing results with an accident.

Now, the driver of the car is going to claim that he did everything right – he pulled over, turned off the ignition, looked both ways and opened the door. Then, suddenly and out of the blue the cyclist smashed into the door. On the other hand, the cyclist is going to claim that he was paying close attention to the conditions on the road and that the driver failed to exercise the necessary care to look around and ensure he could open the door without any issues.

Highway Traffic Act of Ontario

Unfortunately enough, the Highway Traffic Act of Ontario does not provide any legal solution to this particular type of case, specifically. This is due to the fact that it’s a fairly new phenomenon and it could only appear in heavily populated cities. This is of little relevance, however, because it’s obvious that the type of accident needs regulations.

As it turns out, the driver could be held liable in dooring accidents. The accident has derived from the use or the operation of a motor vehicle. The law does not make a thorough difference between whether the motor vehicle was actually moving or not. With this in mind, the cyclist can thoroughly claim all of the regular benefits.

The benefits can be for both physical injuries and pain and suffering and are of the same amount as if the regarded was a regular accident involving a motor vehicle. Regardless of this, it’s important to make a strong legislative change and specify strict liability in situations of the kind. This is a serious matter which is posing threat to citizens and it needs specific regulation. Using derivative provisions leaves a potential case open to appeal which can jeopardize the just solution. If you are one of the victims of such an accident, it is important to consult with a personal injury lawyer and ensure that your rights are protected. With many experienced legal services, it is easy to select the right lawyer for your requirement.