Blog – Page 45

August 1, 2016in Personal Injury Law

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.

July 28, 2016in Personal Injury Law

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.

July 24, 2016in Personal Injury Law

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.

July 20, 2016in Personal Injury Law

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.

July 16, 2016in Personal Injury Law

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.

July 12, 2016in Motor vehicle accidents

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.

July 8, 2016in Product Liability

Are Some Workplace injuries Beyond the Scope of Worker’s Compensation?

Workplace injuries are quite common. There are a lot of working environments which are going to predispose towards certain risks and if you’ve been injured in a matter of the kind then you are probably being told that you can receive compensation only from the employer’s workers’ compensation insurance.

This is generally true because it is the main rule. You need to understand that this is what the insurance is for and that’s why your employer is paying premiums in order to keep it up and running. Having proper insurance is incredibly important and the workers’ compensation one is a part of every properly ran business. However, there are certain exceptions of this particular rule of thumb and it’s worth taking a look at each one of them.

Injury by defective products

The first one would be if you were injured by a defective product. While you would still be able to claim compensation from the employer, you are also entitled to go ahead and claim it for the product manufacturer under the regular premises of filing a product liability claim. This is going to give you additional grounds and it’s incredibly beneficial. Furthermore, if you have been injured by a toxic substance, for instance, you could be able to bring up a toxic tort lawsuit against the company that manufactured the substance. This is also incredibly beneficial, especially if you are working in a field of expertise which requires usage of toxic products. Negligence or lack of safety procedures can be one of the factors for the injuries and you need to talk with your lawyer about.

Suing the employer

Suing your employer in a regular civil lawsuit is also a possibility. You have to understand that the labor legislation of Ontario is particularly protective of the workers as they are the vulnerable working class and they need more protection. However, if your employer hasn’t been dully covered by workers’ compensation insurance policy you are going to be able to claim damages by suing him directly in court. This is generally something that you want to avoid and undertake other paths if there are some available because the procedure could be rather lengthy and you run the risk of getting compensated later in time. Even though it’s a possibility, you should undertake other opportunities if you can.

Third party related injuries

If a third-party caused the injury while you were at the workplace, you are going to be able to sue the third party directly instead of filing a claim against your employer. As you can see, there are quite a few situations, and there are many more, under which the workers’ compensation insurance isn’t your only option. Even though the employer would like you to think so because that’s what he’s paying his premiums for, you should be aware that there are a lot of options in front of you that might turn out to be even more viable.

July 4, 2016in Motor vehicle accidents

All About Proving Wrongful Death

The first thing that has to be taken under thorough consideration is the fact that negligently caused wrongful death has nothing to do with murder and the consequences that both acts cause are absolutely different. Wrongful death is a part of the civil legislation and an institute that is very important. Civil lawsuits are not about seeking incrimination and punishment for criminal activity – they are merely compensatory means which have the sole intention of repairing the damages which were caused by the negligent act. However, wrongful death is a bit more peculiar because there are a lot of specifications surrounding it.

Filing for compensation

It’s important to determine the parties which are capable of filing a compensatory claim when it comes to wrongful death lawsuits. Obviously, the victim has tragically passed away and he isn’t going to be able to do so. His own right to seek reparation has been deemed mute but it has passed to his blood relatives as per Part V of the Family Law Act of Ontario and they are the people who are capable of acting upon this particular claim.

However, one of the things that have to be taken into thorough consideration is how to prove cases of the kind. Keep in mind that wrongful death is caused negligently. Therefore, the claimant has to prove that there has been a duty of care. This particular duty requires the responsible party to have acted thoroughly as per the regulation set forth in the respective active legislation. The next thing that has to be done is to prove the breach of this particular duty. This is done by showing and displaying the actions of the responsible party that have breached the duty. The plaintiff’s lawyer in Burlington will be able to do the needful.

Require evidence

There are all sorts of evidence that could be used in this particular regard and the claimant isn’t limited or restricted in any way. Afterwards, the last thing that has to be duly proven to the court is the causation between the breach and the injury that caused the wrongful death. This is likely to be one of the most important things because if that causality link is broken then the case is going to lose grounds. That’s something that might get you no compensation at all and you must make sure that you have the relevant documents to link the death of the deceased with the negligent, duty-breaching actions of the repugnant.

As you can see, there are quite a few things that have to be thoroughly taken into consideration, if you are to win a wrongful death case. This is only logical, considering the gravity of the matter and how important the outcome is for both of the parties that take part in it. Your lawyer will be able to discuss the details of the case with you and provide you with pertinent legal advice.

June 30, 2016in slip and fall

Specific of Ontario’s Slip and Fall accidents

The truth is that individuals are often injured or hurt on premises which aren’t theirs. They are commonly owned or currently occupied by a third party. The slip and fall accidents can very well result in some incredibly grave and serious injuries such as hip injuries, broken ankles, a variety of orthopedic injuries and even traumatic brain damages and spinal cord injuries, even though the last tends to happen more or less is rare. However, chances do increase when you slip and fall on your head or have a bad fall that leads to slipped disk or spinal cord injuries.

Recover monetary damages

If this is the case, you have to be well aware of the fact that you are fully entitled to recover the monetary damages for you’re the losses that you’ve incurred. The majority of the times, however, the insurance which is placed to protect the owners of the property as well as their managers or other contractors is going to take care of the damages that you’ve had to incur. However, in some cases you are also going to be able to file a civil lawsuit pursuing what you haven’t been repaid by the insurance company.

The slip and fall accidents on the territory of the province of Ontario consist the majority of the premise liability claims in the courts. The law which governs these claims is the Occupiers’ Liability Act and it has been enacted back in 1990. Interestingly enough, this particular act, as well as some others, has never been altered or amended which speaks to the effectiveness of the provisions in it.

Occupiers’ Liability Act

In any case, the liability which is set forth in it is rather broad and it aims to protect the victims of such incidents, regardless of who the current occupier is. This means that you can file your claims towards the owner or towards the tenant, depending on the current case. The Occupiers’ Liability Act doesn’t specify the conditions under which the accident must have occurred but there is an extensive legal practice in that direction. With this in mind, the most common causes for slip and fall accidents in the province of Ontario are as follows:

– Unmarked step-downs

– Inadequate and improper lighting or lacking thereof

– Trip hazards

– Uneven surfaces

– Slippery floors or sticky once

– Snow and ice which hasn’t been properly cleared

There is, however, one way under which the occupier of the hazardous premise can avoid legal responsibility. This is achieved by placing a warning sign or a label which serves the purpose of letting people know of the potential danger. By doing this, the duty of care is transferred onto the person who is passing by on the premises and the owner is no longer liable. The solution is quite fair as it’s not always possible to eliminate the potential hazard immediately.

June 25, 2016in Product Liability

Know More about Claims for Product Liability in Ontario

Claims based on product liability are likely to be some of the most common claims filed in front of the courts of the province of Ontario. This is mainly due to the fact that there is a lot of legislation which gives full merit to people who have suffered from damages caused by product malfunction and the procedure is clear and transparent but it’s also quite complicated as you might have to undergo a few steps prior to filing your case.

Manufacturer or retailer

The first thing that you should consider is whether or not the defective product was purchased from a retailer or from the manufacturer himself as this leads to two completely different hypotheses. In any case you have to know if your product has a warranty or not because this is also going to impact the outcome of the event. If it has a warranty you can claim your damages directly from the manufacturer, provided he’s the one giving the warranty. It’s also quite common for the retailer to issue warranties even though he isn’t the one who manufactured the product. If that’s the case, you should seek your compensation from him. Your lawyer will have to ensure that your rights are protected. Additionally, you will need to ensure that your lawyer is conversant with the case details.

Sale of Goods Act

However, if there is no warranty, you shouldn’t be too concerned or worried about not getting compensated for the damages that you had to incur as a result of the malfunctioning of the product. The Sale of Goods Act which is in full force in the province of Ontario, the retailer has three dully obligations that have to be properly executed. The first one is that he has to sell products which are suitable for their purpose. This means that they have to be free of any defects which may render them unfit for usage as this is going to be a direct breach of this particular duty. The second duty comes into the picture if you’ve purchased the product based on a sample. If that’s the case, the quality of the product that you get has to directly correspond to the quality of the sample that you’ve been shown or tested. In any case, any differences give you grounds for seeking compensation.

The third and last duty is that if the retailer is selling items which are based on samples such as a catalogue, for instance, these items have to be fit to be properly sold. If you have bought a product which isn’t covered by any sort of warranty and this product turns out to be faulty, you have the full right to seek reparations under the Sale of Goods Act in Ontario. However, it’s highly advisable that you seek the professional consult of a lawyer who is practicing in this particular area as the matter can get quite complicated.

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