Facts about Compensation Amounts in Slip and Fall Injuries

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

Things to consider after you slip and fall

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

Assigning the value to your case

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

·         Location of the accident

·         How much coverage from the insurance is available

·         The financial state of the defendant

·         The stability of your arguments

·         The severity of your injuries

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

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

Liability for Cycling Accidents in Ontario

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

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

Importance of protective gear

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

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

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

Assessing the Costs of Future Care after a Personal Injury Accident

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

Pecuniary damages

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

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

Full compensation

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

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

Know About Arbitration in an Ontario Personal Injury Law Suit

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

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

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

How do you start an arbitration process?

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

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

Details on Application Forms for Accident Benefits

Being involved in an accident is not only physically painful and emotionally stressful but also quite annoying, if we have to be honest. There are quite a few things that you would need to get done in a short and rather specific timeline. There are a few forms that you would need to get filled out immediately. It would be best if you use the services of a personal injury lawyer who’s going to provide you with thorough insight on what to do and how to complete the forms so that you can maximize the amount of your compensation.

Of course, it’s also quite beneficial to have strong and sound understanding on the forms yourself so that you know all you need to get them done in advance. As you submit the forms in question, you should make sure that you also make a copy of the forms themselves as well as the documents and attachments that you are submitting along with them. Now, let’s take a look at just some of the forms that you might need to take care of and submit to the authorities.

Application for Accident Benefits (OCF – 1)

This is the basic and also the primary application form that you are going to need to fill out after the accident. You are going to receive the entire package in the mail and you have to complete it within 30 days after the reception. If you aren’t able to do so, you should still send out a form to your insurance company, explaining to them why you couldn’t fill out the OCF-1.

Disability Certificate (OCF – 3)

You complete this form only in the event in which you’ve become disabled because of your accident. The certificate is absolutely crucial as it’s going to be showing that the medical professional has thoroughly diagnosed you with disability. If you are unable to fill it on your own, you can ask for assistance or your lawyer can do it on your behalf.

Employer’s Confirmation of Income (OCF-2)

This one you fill out in order to make sure that you let the institutions know your exact amount of income as stated by the employer. It’s important because the majority of the compensations have something to do with your current income and the court or the institution that’s going to be paying you off needs to be aware of it.

These are just a handpicked few of the total amount of forms that you might have to fill out. However, these are the most common ones even though the others are also pretty regular. It would be best if you contact a personal injury lawyer that’s going to help you out in the matter and get the things sorted out in the best possible way so that there are no complications. There are many experienced personal injury lawyers in Mississauga that will be able to help you right from the beginning.

Will Proper Documentation Increase Claim Settlement Value?

The truth is that having the right documents at the right time is an incredible powerful negotiating tool and you could use this to your advantage in order to control the outcome of the settlement and get higher compensatory value. However, there are variables to be considered and things to be undertaken in advance in order to get the most value out of your injuries.

Preserving evidence

The first thing that you need to know is that the best way to preserve the evidence which show and provide for your injuries is to report them on time. The medical reports are an unambiguous piece of evidence in court and the opposing party is most certainly going to be aware of this particular fact. You can also keep hold of the prescriptions that the doctors are issuing and relate them to the medical receipts that you’ve received from the pharmacy in order to be able to provide for the direct physical damages that you’ve sustained and incurred. Failing to provide these particular documents is most certainly going to be acted upon by the opposing party and that’s going to dramatically decrease your settlement value. This is because you won’t be able to prove the damages in court and thus the latter won’t be taking them into consideration when issuing the ruling.

Tracking injuries

Keeping track of your injuries is incredibly important. The best thing that you could do is to have the medical records with photos if that’s possible. This is going to make it a lot easier to convince the insurance company that you have actually sustained the injury. Visible injuries are usually going to heal, and once they do there isn’t going to be any particular track of them besides the medical records and the photos that you’ve taken.

Getting immediate medical attention is going to help you document the injury as it is. One day delay could mean a significant alteration to the nature of the injury and that’s going to be thoroughly reflected in the documentation. That’s why you want to be extra cautious and seek attention right away. Documenting the injuries starts in ER. Thus, collect all the reports and tests results that have been done since then so that your claim is strengthened.

Is medical cost expensive?

A lot of people are afraid that proper medical attendance is going to be very expensive. However, when you’ve sustained an accident the expenses are going to be paid for by the insurance company or the opposite party. You have to make sure that you get the attention you need in order to ensure proper recovery without worrying about the expenses. If you manage to get them all thoroughly documented, this is going to play a significant role later on when the settlement talks take place as they are going to serve as ground and merit for your claim. Your lawyer will inform you about the costs and the best way to present the injury reports.

What is the Right Amount of Compensation in the Injury Case?

The truth is that there is a lot of importance behind coming up with the right amount that you should claim when it comes to a personal injury claim in Brampton. That’s going to determine the initial costs and expenses, the legal fees and the attorney’s remuneration so it’s important that you get it right. It is good to clarify with the lawyer about the fees that they will charge so that you are clear about how much has to be paid.

Furthermore, there are a lot of factors that you would have to take into thorough consideration when you set up the demand of your personal injury claim. If you get too greedy you will quickly find out that the judges and juries wouldn’t be inclined to rule in your favor and would fail to take your claim seriously. If you ask too little you may not get anything at all. This is why the demand of your claim is going to have a great importance and you must make sure to get it right. You have to ensure that the amount is the perfect representation of your damages.

Economic damages

Economic damages are the first thing that you would have to take into assessment. These are damages which are based on strong and objective economical factors – documents, receipts, contracts and such. You have to keep close track of these damages in order to claim them in court. If you want to do so properly you must make sure that you have all the necessary documentation available. The good thing about them is that they are easily associated and related with the injury and thus the juries are inclined of paying them off quickly and without a lot of hassle. However, you have to make sure that you have compiled all of the expenses and that you haven’t lost anything more than that and certainly not anything less than that. You could also add the rightful interest from the time after which the expenses were claimed to the time they were awarded as you are legally entitled to it.

Non-economic damages

Non-economic damages are somewhat harder to figure out. They would usually include a lot of subjective factors like emotional state, pain, suffering, mental anguish or a loss of companionship, for instance. There is no uniform approach and every case would have to be based upon the thorough considerations revolving around it. This is also rather fair as there is no document that is capable of putting a price tag on the damages incurred as a result of the loss of a loved one. Your own emotional attachment to the person could be deciding and that’s why loss of companionship could lead and is in fact leading to a variety of different compensatory awards. The solution is rather fair and it’s definitely objective enough.

Things To Consider About Malpractice Insurance And Tail Coverage

The issue about medical insurance is one that concerns both doctors and medical malpractice plaintiffs. Considering that this is one of the most acted upon merits for a personal injury claim, its well worth discussing the matters surrounding the insurance that covers the liability of the doctors. There are two types of insurances – regular and tail insurance and you have to grasp at the basics for the first one in order to understand the concept of the latter.

Doctors are insured

The first thing that you need to understand is that doctors are insured for the damages that their actions may cause by standard claims-made insurance policy. This is a specific insurance which is particularly designated to cover the liability of doctors on practice while they conduct their duties. The solution is rather fair. The medical profession is of such nature that it’s possible for the doctor to harm another person without any malicious aforethought and he should be protected against potential claims. Furthermore, the injured party is fully entitled to make his claim because he has to be protected against medical malpractice.

The situation is rather straightforward when the claim is filed while the standard claim-made insurance is still in effect. The injured party is going to direct the claim towards the insurance company which is obligated to compensate him as per the regular rules set forth in the Insurance Act of Ontario. All of the settlement-negotiating techniques are going to take full force and there are some specifics deriving from the fact that it’s a medical malpractice case which is a bit out-of-the-box. If you have a proper claim and case of medical malpractice, it becomes easy when the personal injury lawyer is in your corner.

Tail insurance

However, it becomes rather difficult and daunting for the doctor if the standard claims-made insurance policy has expired at the time of the claim. This is when the doctor would be personally liable for the damages unless he has an additional coverage. This additional coverage is called tail insurance and it’s going to cover the claims which are made after the expiration of the initial standard claim-made insurance. However, you have to know that there are certain specifics. Tail insurance policies are going to cover these claims in case the event has happened during the functioning of the standard insurance. This means that the occasion from which the injuries that are being acted upon has to have occurred during this initial period. If it has occurred after the period but during the coverage of the tail insurance the latter won’t be in effect.

Furthermore, the tail insurance requires additional premiums which are rather expensive. In any case, when you stack both the merits and disadvantages it’s clear that tail coverage is going to give you a peace of mind but at a high cost. However, it is best to have the support from an experienced lawyer.

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.