Blog – Page 43

October 27, 2016in Personal Injury Law

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.

October 21, 2016in Motor vehicle accidents

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.

October 12, 2016in Personal Injury Law

Does The Ontario Insurance Act Over Spinal Cord Injuries?

Spinal cord injuries are amongst the most dangerous once that could occur after an accident. Unfortunately, just like orthopedic injuries, they could be the result of almost any accident with the exclusion of dog attacks, probably. However, motorcycle and car accidents, pedestrian and public transit accidents and slip and fall are all too common cases in which spinal cord injuries tend to happen. With this in mind, it’s important to understand that every single area is governed by different set of statutory provisions and laws which are particular and concise and the injuries are going to be set forth in them. These pieces of legislation include the Occupier’s Liability Act, the Insurance Act of Ontario and the Highway Traffic Act.

However, it’s worth noting that spinal cord injuries are particularly dangerous and severe. The spinal cord is an essential part of your body and when even slightly damaged it’s capable of causing grave consequences. This is because that’s basically the inter connector of your entire back and lower body and if even the slightest damage occurs this is capable of rendering you unable to move certain body parts for the rest of your live. Spinal cord injuries are the main cause for long-term disability and when it comes to it, there are a lot of specific claims to be filed.

Long-term disability would generally suggest that the victim is going to start receiving some sort of disability payment – a pension. This is paid either by the one who caused the accident or by the insurance company, provided that the injured had been insured for this particular risk. In any case, the disability is likely to render him unable to produce the same amount of work as he did before and this is going to result in a loss of income because your employer won’t be able to pay you as much, provided you are even able to keep your job in the first place. Your lawyer is going to ensure that the insurance company does not lowball you on the amount of damages provided.

As per the legislation governing this particular area you are going to be entitled to sue for the difference of what you are getting as a compensation and your income prior to the accident. This is pretty convenient and it provides a lot of security for the permanently disabled as it allows them to maintain a proper lifestyle despite of the fact that they are no longer capable of providing the same amount of work.

When it comes to spinal cord injuries, it’s important to note that they are related with grave pain and suffering. The entire endeavor is related with terrible aches, disability and in some cases, complete paralysis which are going to lead the door wide open for compensatory claims in this particular regard as well. The amount of compensation that the victim qualifies for depends upon the level of injury and disability that has been rendered due to the accident.

October 11, 2016in slip and fall

Liability and Compensation Related With Parking Lot and Garages Injury Claims

Premise liability is without a doubt amongst the most common type of personal injury claims filed in Ontario. However, it is important to note that there are quite a lot of different types of premise liability claims based on the location on which the accident has happened. Keep in mind that a slip and fall accident can just as well occur on any location, regardless of whether it’s outside or not.

A lot of people tend to believe that this is just a formality, but the truth is that it’s much more than that. In fact, determining the exact place of the accident is particularly paramount for your case. It’s going to determine the opposite party and this is the first thing that you should do. Why – because you need to send a letter of intent within the first 7 days after the accident if you are going to claim compensation. You can probably see how important this information actually is. Failing to do so is going to result in potential complications and even in the chance of losing your right to claim responsibility.

Occupier’s Liability Act

However, parking garages as well as parking lot injury claims are amongst the most common ones, especially when it’s cold outside. Usually, these underground facilities are going to have some sort of moisture spread on the flooring. If it’s not taken care of properly, you can probably suggest what’s going to be the result – an incredibly slippery surface which predisposes to fallings. And, that’s the case in the majority of claims. However, it’s important to note that under the Occupier’s Liability Act of Ontario from 1990, all owners of premises need to keep their property reasonably safe for third parties. This means that they are deemed responsible for making regular inspections and taking the appropriate precautions in order to ensure that the property wouldn’t cause complications.

However, it’s important to understand that there is a differentiation to be made here. This is why parking lots and garages are rather complicated to deal with. Normally the owner of the building would have rented it out. In this case, the responsibility for the care is transferred with the contract for the rental. With this in mind, it’s important to note that you should check into that prior to filing your letter of intent because you might get it wrong. It’s important to take all things into thorough consideration when it comes to a slip and fall accident. A lot of people tend to firmly underestimate the field because it sounds a bit unserious. The truth is that slip and fall accidents can actually cause a tremendous amount of damage and are hard to deal with. Irrespective of the way you were injured at the parking lot, it is important that you seek redressal and compensation for the injuries.

October 6, 2016in Personal Injury Law

Why Negotiating an Out-Of-Court Settlement Provides Quick Compensation?

Being involved in a personal injury case is definitely overwhelming. However, once it’s all through and you’ve recovered, you might want to start considering getting that compensation from the insurance company that you are legally entitled to. With this in mind, you’d be interested to know that the best way to do so in Ontario would be for you to engage in transparent negotiations. This is due to the fact that using the services of the court is particularly daunting. Courts in Ontario are flooded with work and it takes around 2 years to get a hearing. That’s right – two years to get a simple hearing and you have no idea how much is it going to take from then on.

Instead, you should start working on your negotiation strategy. It’s really important to determine whether you got the upper hand or not. This is going to determine the way you approach the negotiation table with the adjuster. Let’s see how it goes either way.

You have solid grounds for your claim

You’ve done your homework – all of the information is gathered, all the proof is there, everything is in line, you have the legal merit behind you and you are ready to go. This is the best possible situation you can be in and you should take advantage of it. Put your insurance company over a barrel and make sure that they realize it. Be aggressive; ask for the entire amount without hesitating. Decline everything that’s lower than what you are entitled to unless you are in need of quick cash. In that case, make sure to determine the authority of the adjuster and work with it.

Your insurance company has the upper hand

You don’t have everything it takes to make a stellar case in court and you are worried about how much cash you can get. The first thing to do is to hire a reputable personal injury lawyer with a backbone who’s not going to tolerate being pushed around. This is absolutely important if you want to have any chance of getting proper compensation. There’s nothing worse than being at a disadvantage and your adjuster realizing it. He’s going to use this to his advantage and make sure that he makes the most profit out of your case. Of course, you also have a move – threaten lawsuit.

Insurance companies do not prefer going to court. While the case is pending, the amount of money that’s being debated can’t be reported as profit as the outcome of the case is not determined. This is your hidden play. Don’t be afraid of the court – use it to your advantage whenever you have to but be careful.

October 1, 2016in Motor vehicle accidents

Tort Laws Governing Motorcycle Accidents In Ontario

Motorcycle accidents are rather common in Ontario as there is a fairly large number of bikers. Once the weather starts to get warmer, this becomes a preferable method of transportation and means of spending leisure time for a huge amount of people. The reasons are different – from the well maintained roads and the beautiful nature in the province, the incentives are numerous. However, being involved in a motorcycle accident is without a doubt something tremendously daunting and potentially devastating.

Motorcycle accidents, just like highway accidents find regulation in the Insurance Act of Ontario as well as the Highway Traffic Act. With this in mind, those pieces of legislation are particularly comprehensive and provide clear guidelines as to what constitutes an accident and how its development goes.

What is more, within the Insurance Act of Ontario, you are going to stumble upon the so called Rules of Fault Determination. These are regulations which are going to provide the proper distribution of fault in any accident which involves motor vehicles, regardless of whether they are motorcycles or cars, trucks and whatever. There is a specific rule which is particularly paramount for the development of each and every motor vehicle case in Ontario. This is the so called “No fault” rule. This rule stipulates that regardless of who’s the at fault driver, the insurance company is going to handle the compensation.

Now, keep in mind that motorcycle accidents are much more severe than regular car crashes. This is due to the fact that the cyclist is absolutely exposed. The only thing that’s going to help him out is his protective gear and that’s widely insufficient when it comes to it. There is no additional support from the roll bars of the car nor airbags and other safety mechanisms. This is why motorcycle accidents usually end up with tremendous injuries and even with death in a lot of instances. This is more with motorcycles as there is no auto body to lower the impact and the driving speed is usually high which translates as more severe injuries and death.

This is why the aforementioned rule has a huge impact. Instead of directing the claim towards the other driver, the victim has to claim his compensation from the insurance company. Of course, this doesn’t mean that fault isn’t going to be assigned. The insurance company itself is going to conduct its own investigation in order to determine the faulty driver. This is done so that his premiums can be increased accordingly because his risk rate has increased as a result of the accident. As you can see, there are quite a lot of things that you’d have to take into proper account when it comes to personal injury law and especially when it comes to motorcycle accidents. It is highly advisable that you get the help of a personal injury lawyer. They have the experience to deal with law enforcement and other government services.

September 26, 2016in Personal Injury Law

Why Allow Your Lawyer to Deal With The Insurance Company?

Personal injury is a particularly wide field of expertise. You need to understand that there are quite a few different things that have to be taken into thorough consideration throughout the process of getting compensated for you injuries. If you’ve sustained damages as a result of an accident, you are likely to have to deal with an insurance adjuster. If you’ve never heard of this position before it’s highly likely that you’ve never been involved in an accident. These are the guys who are going to make sure that you don’t get your compensation – to put it very roughly.

Of course, this is a bit of an overstatement in the eyes of many, especially for insurance companies but that’s the truth – the less they pay you the more money they make. If they can get your claim denied, believe me – they will! So, what you need to do is you need to hire a reputable lawyer with experience in the matter and get him handle the process professionally. They are conversant in dealing with the insurance companies and understand all aspects of winning the compensation.

Lawyer Is Well-Aware Of the Tricks

An insurance adjuster is going to use every single trick in the book to get you to trip along the way. This is why you need someone who has your back – that’s your personal injury lawyer. He’s going to negotiate with the adjuster and try to beat him at his own game. Keep in mind that there are tons of specifications that have to be taken into account. Your lawyer is going to look at all aspects of the case before planning any further.

For instance, the first thing that the adjuster is going to do throughout negotiations after examining your claim is to offer you an amount of money. Once you look at it you are going to be thoroughly repulsed as it’s not going to be even close to the number you’ve been hoping for. This is where your reputable lawyer steps into the picture. If he’s capable of intimidating the adjuster to the point that he’d be afraid of taking him up on trial, he’s likely to reveal you the next offer. It is best to hire the services of a good lawyer that is experienced at

Second Offer Is Also Undesirable

That’s right – even now he’s going to provide you with presumably the “highest he can go”. This is his authority – at least that’s what he tells you. It’s not his authority – that’s what you should know, and that’s what your lawyer is aware of. The authority is the amount of money which is claimable by law. So, your lawyer is likely to revoke this offer as well and threaten lawsuit. It is then when the majority of adjusters are going to fold because dragging this through court means more interests and fewer profits – something which is unacceptable. This is where you should the actual number.

September 20, 2016in car accidents

Things to Consider After Whiplash Accidents

When it comes to whiplash accidents the specifications are so many that it’s definitely amongst the hardest cases to go through. If you ask a regular citizen from the street outside whether he believes whiplash is a serious accident, he is most likely going to say that it is. However, if you go ahead and ask an insurer broker the same question, he is almost always going to deny that it’s an accident. On top of all that, if you ask a lawyer he is going to say that in the majority of situations it’s dependable on the circumstances. We’ve enlisted these three parties because they are usually involved in a case of the kind and their different opinions are definitive proof for the complexity of the accident.

Whiplash Associated Disorder

As a matter of fact, this isn’t your common dodging answer – the truth is that the situation is really that dependable because whiplash has a wide range of severity degrees which need to be accounted for. Now, to be completely fair, whiplash doesn’t even exist as a medical condition. In fact, the term is Whiplash Associated Disorder of WAD, for short and there are four known category, from one to four. The first and the second are usually considered to be mild conditions while the third and the forth are those who need more serious attendance. With this in mind, the fourth category is also particularly distinguishable because it usually includes dislocations and fractions of the neck.

Furthermore, it is usually agreed that a WAD IV condition is usually going to be incredibly serious and is rather permanent instead of being categorized as a general whiplash of the more mild categories. These, on the other hand could be resolved with time and with some treatment as well. The main difference between the first and the second category is the lack of musculoskeletal signs which could be observed in WAD II. Generally, you would need between four and six weeks in order to make a full recovery from a WAD II type. The treatment itself is usually going to consist of chiropractic care, physiotherapy as well as massage therapy.

Recovery or disability

Even though the majority of people suffering from WAD I and WAD II are going to make a full recovery with little to no complications at all, there are those who wouldn’t be able to recover fully. Instead, they are going to be exposed to ongoing pain, tenderness, stiffness and restriction of motion. With this in mind, you already know why the answer to the question whether whiplash is a serious condition or not is so complicated. It might be amongst the most serious and permanent conditions, while it might also take you no more than a week or two to recover without any special treatments. It is important to talk with a personal injury lawyer to know about your eligibility and whether you are liable to receive any compensation.

September 16, 2016in Uncategorized

Social Media Impact on Personal Injury Cases

Whether you realize it or not, social media is having far greater than average involvement in our everyday life. Almost every other person has a social media account and they use it for interactions with friends, colleagues, family and many more. Having an online presence is truly great in certain aspects. It helps you get in touch with people from across the globe; you can reunite with those you haven’t seen in a while and many more of the kind. However, there are certain things that you would have to take into thorough considerations. Let’s take a look.

Social Media Posts

Social media posts can be used as leverage in certain personal injury law cases. The most common situation would be for someone who is in the middle of an insurance claim procedure to post a picture of him/her looking completely fine. Now, this is bad for you for a few different reasons but let’s start with the most obvious one.

Insurance companies are closely following your profiles, especially if you have filed a compensation claim against them. This is already being accepted as a common practice so it shouldn’t come as a surprise. Once you post a picture of yourself looking as healthy as ever, they are going to leverage that against you and make their case that you don’t need the compensation value because you aren’t suffering from the pain you claim you are. And they are going to win it. The reason is quite simple – you don’t seem to be suffering and for any jury this is going to be enough.

Key Considerations on Social Media Behavior

However, there are considerations to be taken. Being involved in a single photo doesn’t mean that you aren’t actually in pain. A lot of arguments could be made here but you have to act timely. Of course, once this happens, you should be ready for court because no insurance company would allow you compensation, or at least not in the same amount that you are claiming. They are going to use your picture as leverage and they would be right to do so, at least in their eyes.

Now, it’s also important to understand that you do have a way out of this mess but once you get to court you never know. The jury always has the final word. This is why improper social media behavior could be the difference between getting a significant compensation and getting cents on the dollar. In any case, you should most certainly refrain from things of the kind.

This raises a lot of questions – is social media becoming the new, fully legit surveillance? Well, it sure does look so. While it’s not regulated as such, it provides a lot of grounds for getting easy information. You might want to talk with a personal injury lawyer, to get further details about the compensation that you are eligible for.

September 12, 2016in slip and fall

Why Do Slips And Falls Accidents Increase In Winters?

As the winter progresses and the walkways get frozen, slip and fall accidents tend to increase in numbers. This is only logical. However, being involved in an incident of the kind is definitely dangerous and you should take immediate actions in order to get properly reimbursed for the damages you’ve incurred. Here are a few tips for you to follow.

Take Photos Of The Area Where You Fell

Now, the injuries that you have had to sustain are usually self-explanatory and easy to define. However, the area where you fell is a whole other story. If you can’t establish liability of the property owner than you really do not have much of a case. Taking pictures of the respective area is going to quickly and easily solve this particular problem. Sure, you might not feel like taking a picture with your phone when you’ve just broken your ankle but it’s certainly something you got to do.

Ensure A Witness (If You Can)

If you see someone who saw you slip and fall make sure to ask for the name, telephone and eventually his address and kindly ask him to collaborate when it comes to it. This is going to help your case a lot.

Do Not Rely On Cameras

Even though you might have fallen at a place with security cameras built all around, they might be turned off. This is a common situation. With this in mind, always make sure to take a few pictures on your own. It’s the best approach in cases like this.

Wear Winter Boots

The court has made it pretty clear that people need to take responsibility for their own safety. With this in mind, slipping while wearing winter boots is going to boast your insurance through the roof. On the other hand, if you wore worn-out and old sneakers then you can’t expect the same amount of compensation.

Call A Lawyer

This should be one of the first things to get done as soon as it’s humanly possible. It’s going to ensure that you have proper legal representation from the get-go and that you are getting all the necessary protection on time. The lawyers will be happy to assist you with everything that is needed.

Do Not Talk To Your Insurer without a Lawyer

Rest assured that the broker is going to pull every trick out of his hat in order to either get the chance to dismiss your claim before you’ve actually filed it or to significantly reduce it. This is why you need to make sure that your attorney is present when you meet.

As you can see, there are quite a few things that you might want to take into consideration, if you’ve been involved in a slip and fall case. However, the time limitations to file a case are many, so don’t waste a moment before filing a case.