How Are Personal Injury Cases Based On Slip And Fall Accidents?

Thousands of personal injury claims are filed every day in the country of Canada. It is important to understand that there are governmental laws which direct this particular are of the law. However, there are also provincial laws which may in some cases differ from the one set forth by the government. If that’s the case, on the territory of the particular province, the law that will be enforceable is going to be the provincial one. Nevertheless, almost every provincial law is going to be almost the same as the governmental statutes so the differences are mostly incredibly slight to matter.

One of the most common causes for a personal injury claim is based on a slip and fall accidents. These are unfortunate events during which a person accidentally slips and falls on a hard and slippery surface. Most of the times these injuries are not so harmful but in some cases they could result in some heavy orthopedic injuries and even brain traumas if the head hits the floor. The accident is also a cause for grave emotional trauma because these sorts of happenings usually take place at a public place and the embarrassment is real. This is why people tend to seek their rights in this particular regard and to seek compensation for the damages that they have to go through.

What is Occupiers’ Liability Act?

The law which governs the liability in accidents of this kind in the town of Brampton is called the Occupiers’ Liability Act. It was accepted and in-acted back on the 31st of December, 1990. The law has not been changed and altered ever since which speaks about its’ stability and effectiveness.

However, the common law is also source of legal provisions for slip and fall accidents and it stipulates that the owner or the occupier of the building should take the precautions required to prevent any damages to third parties or other buildings. Nevertheless, the Occupiers’ Act describes a special duty of care which supersedes the one in the common law. The act clearly states that every owner or occupier should undertake the actions required to prevent any accidents to people entering the building and further on while they are staying in the building. This is properly described in Article 3, paragraph 1 in the hereby mentioned law.

This suggests that if the owner or the occupier, which is most commonly a tenant of the building, fails to undertake the required precautions and this resulted in an accident he would bear civil liability and would have to compensate the injured party. The case in point would fall within the definition of a personal injury claim and the precise are of expertise is going to be a slip and fall accident. It is best to contact an experienced legal firm to get the best representation.

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!

Why Do Most Personal Injury Lawyers Settle For Out Of Court Settlement?

An injury lawyer in the city of Brampton is a legal officer who is going to take care of your legal representation and protection in front of the court. However, the best lawyers also provide professional negotiation services as they are well aware of the fact that approximately 90% of the personal injury cases never reach the courtroom and are settled instead.

There are certain merits when it comes to settling instead of fighting for a verdict. The most obvious one of them and the one that concerns the clients the most is the lack of legal charges. Now, you won’t only have to pay the lawyer to move your case forward. You would also have to pay some legal charges for the court in order to proceed with the case. This is done so the legal system can contain and provide a constantly working service that aims to protect the rights of the innocent citizens. These charges are variable in every state and in the city of Brampton they are going to be a certain percentage out of your claiming. This means that the higher compensation reward you demand, the more money you would have to spend.

In case of loss

Another thing that should be thoroughly noticed is that in case of a loss, you would have to cover all the legal fees that the opposite side has made. It is also important to know that you would have to pay additionally for experts on certain topics which the court finds relevant. For instance, if you had to get a medical expertise done in order to prove that there are in fact emotional damages to the victim, the claiming party would have to pay a fixed charge for the expertise itself.

This is the main reason for which most of the people prefer to go for an out of the court settlement. It also provides side benefits. The settlement is going to be done a lot faster than the standard legal procedure. You can easily settle with the opposing party days after the accident but a court case can go on for years. At the same time the settlement has the same binding legal force as the ruling of the court and it could be enforced by the organs of legal enforcers. This provides the same stability and the same protection without the additional expenses.

Basically the principle that takes place in the city of Brampton is that if you can’t settle only then you would have to go to trial. All lawyers are going to advice to try and reach an agreement with the opposing party for the sake of faster reception of the compensation. It is also an excellent way to negotiate a certain amount of money if you don’t think your case has any merit to it and would get dismissed 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!

Current Procedural Legislation Of Ontario

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

Calling witnesses

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

Medical expertise

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

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

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Understanding All Aspects Dog Owners’ Liability Act

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

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

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

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

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

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Types of Orthopedic Injuries

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

Understanding the common ones

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

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

Fractures

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

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

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Main Causes For Product Liability Claim

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

Contract Law

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

Negligence

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

Time period to file for claim

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

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

How to Evaluate the Person at Fault under Tort Laws

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

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

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

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

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

How to Claim Damages in Personal Injury Case

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

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

Evaluating Compensation

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

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

Long term disability and treatment

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

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

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

What to Ask Personal Injury Lawyers after an Accident

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

Process of claiming settlement

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

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

Time duration and court ruling

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

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

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Determining Who is at Fault in a Personal Injury Case

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

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

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

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

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

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!