Blog – Page 47

May 2, 2016in Uncategorized

A Comparison of Compensatory and Punitive Damages

In personal injury lawsuits, the injured individual (plaintiff) has to prove that their injuries were caused by another person (defendant) due to their careless, negligent, or reckless behavior. Whether the lawsuit takes place in Brampton, Burlington, or Mississauga, or anywhere else in Ontario Province, the plaintiff may be awarded damages in the form of monetary compensation for any losses that resulted from the defendant’s behavior. There are two types of damages that are normally awarded in a personal injury case.

April 27, 2016in Personal Injury Law

Why Insurance Companies operate in Their best Interests, not Yours

Let’s be realistic for a moment. If the insurance companies paid the maximum amount of compensation on every personal injury claim that was filed against them, they would probably run out of money. Furthermore, there wouldn’t be much of a need for personal injury lawyers in Brampton, Burlington, or Mississauga. If the insurance company pays your claim up front without any argument, why would you need a lawyer? But then again, this is the real world, not some fantasy world.

While the insurance companies try to make us believe (by virtue of their advertising claims) that they are always on our side, this simply isn’t the case because at the end of the month, all they are concerned with is the percentage of increase to the bottom line. So it’s safe to say that insurance companies typically deny claims for financial reasons. They don’t want to believe the severity of your disabilities or injuries because they don’t want your claim to adversely impact their bottom line.

Common reasons for claim denial

Over and above the financial implications discussed above, one of the more common reasons that insurance companies deny claims or refuse to believe you may be due to independent medical examinations or reviews. While these exams or reviews can be conducted on an in-person basis, insurers have been known to take medical documents and reviews that they have received and forward them to their doctors for evaluation. This is typically done without ever talking to the injury victim or plaintiff.

Regardless of how ridiculous or unfair this practice appears to be, it is a common occurrence throughout the industry in today’s personal injury world. The explanation that personal injury lawyers in Brampton, Burlington, or Mississauga get whenever they question this practice is that it is quicker and much more cost-effective than conducting an in-person medical exam. However, when so much may be riding on that medical exam or review, this practice is nothing short of inappropriate.

There are also times that insurance companies deny injury claims because additional medical documentation and evidence is required or forms aren’t completed or filled out correctly. In cases such as those, all a personal injury lawyer usually has to do is write a few letters on your behalf and make sure that all the “I’s” are dotted and “T’s” have been crossed. In other cases, miscommunication between the insurance company and the plaintiff is the main reason for a denial. Thus, ensure that it does not happen in your case.

Every personal injury lawyer should be cautiously optimistic regarding an injury victim’s claim, just as you should be. After all, you never want to take anything for granted. By retaining the services of an experienced Brampton, Burlington, or Mississauga personal injury lawyer, you stand a better chance of a getting a fair and reasonable settlement in court or at the negotiating table.

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!

April 21, 2016in Personal Injury Law

The Role of Your Physician in a Long-Term Disability Claim

There is a great deal of dissension currently going on in Ontario Province between physicians and the provincial government. While the two parties have not had a legal contract in force for quite a while now, there has been a great deal of disagreement involving terms. The government has cut physician fees and eliminated some billing codes. Consequently, this has impacted thousands of doctors. Unfortunately, this has caused some physicians to close clinics, leave unprofitable health centers, and scale back their availability.

Suffice it to say, this has impacted the role of the physician that they play in long-term disability claims and other personal injury claims. A personal injury lawyer in Brampton will tell you that when the day is done, and your claim has been filed, that your physician plays the most important role in the legal process. The best part is about seeing a doctor no matter where you live in Canada. It costs you nothing unlike what some people in the US experience whenever they have to see theirs.

From a legal standpoint, the injury victim or plaintiff is in control of building their claim based on the medical evidence they have. It’s important to realize medical evidence is the foundation of long-term disability and personal injury claims. Without out, there is no claim and no compensation for damages. You can’t just testify that you’re hurt or that you were seriously injured. You have to prove that and you have to prove it as convincingly as possible. Medical evidence is the convincing proof that personal injury lawyers must rely on in order to successfully negotiate a settlement.

Your physician is the only person who can provide this essential evidence. Their documentation will contain a wide range of critical information where this is concerned such as:

information regarding your complaints
medications they have prescribed for pain, recovery, treatment, etc.
their diagnosis and prognosis
their medical opinion
their recommendations for treatment

Your personal injury lawyer will rely heavily on the information that your physician provides. Most importantly, the information provided in your medical documents the best insight into your complaints, your injuries, your pain, and your quality of life. An experienced injury lawyer knows the value of a physician’s medical documentation. They will base the claim on the evidence gathered, witness accounts and your medical reports. However, the most important aspect of the claim’s process is their role in the context of your treatment and recovery.

Needless to say, finding the right physician to care for you from the initial diagnosis and treatment stage up to an including your long-term disability care. So it is important that for you to ensure that you assist your physician as much as possible and provide any information that is asked of you when you are under their care. They are the only ones who will be able to help you get the required compensation and justice.

April 17, 2016in Motor vehicle accidents

Reasons to Work With a Personal Injury Lawyer

Most individuals never imagine the need to hire a Brampton injury lawyer until they are involved in an accident that was due to someone’s carelessness. However, there are a number of reasons why you or your family members should understand the importance of hiring this type of lawyer. This is especially true if you have sustained injuries that leave you incapacitated and your family is financially devastated because you are no longer able to contribute.

When you have sustained injuries in an accident, what you do or a family member does in the first few hours is crucial, and not just for your health and well-being. The sooner you seek legal representation from and experienced injury lawyer, the better your chances of receiving a fair and equitable settlement after your claim is filed. You could be entitled to compensation and a personal injury lawyer can ensure that your rights to that compensation are protected in court and at the negotiating table.

It is imperative that evidence supporting your claim is gathered immediately or as soon as possible. This will help you and your lawyer to build a strong foundation for your personal injury claim. It will also help to ensure that you are given proper medical care and attention from the time you are treated until you have completely recovered. This also pertains to maximizing your accident benefits (if applicable) and hopefully settling your claim out of court.

One of the more important reasons for hiring an expert injury lawyer is because they are experienced at going up against the big insurance companies and their lawyers. The right personal injury lawyer will not let the insurer or their lawyer intimidate them in court or at the negotiating table. Furthermore, they will be able to navigate through an inundating mass of complicate forms and paperwork that would normally intimidate and overwhelm the average individual.

Many insurers are well-known for having complex, hard to understand limitations that can affect the amount of compensation that you will be allowed. There are most likely other provisions that do not favor an injury victim such as exclusions that may decrease your settlement amount or strict deadlines that must be adhered to. Your lawyer can assist in getting all forms and paperwork completed accurately and quickly so that your best interests will be protected when progressing with your claim.

Most importantly, a Brampton injury lawyer and a compassionate support team can go a long way to ensuring that your stress and worry are alleviated. In so doing, you can focus on what is truly important – recovering from your injuries and trying to restore the quality of life you were experiencing prior to sustaining your injuries.

With plenty of lawyers in Brampton and greater Toronto area, you won’t find it difficult to work with some of the best lawyers that have a history of successful cases.

April 13, 2016in Motor vehicle accidents

Legal Assistance for Victims of Catastrophic Injuries

No one ever leaves there thinking they will sustain catastrophic injuries in a vehicular accident and leave their families financially devastated. What would you do if this happened to you? Would your family know how to conduct its daily affairs and be financially secure if you were ever incapacitated? It’s never easy talking about this subject. But the reality is that catastrophic injuries happen so you and your family they need to know what to do and what to expect.

Statistics to be concerned with

The most common catastrophic injury claims that an injury lawyer in Mississauga and his or her legal team represent in today’s world are spinal cord and traumatic brain injuries.

According to government statistics, Ontario Province records 600 new cases of spinal cord injuries on an annual basis. That’s more than 1 every day of the year. Current estimates show that over 33,000 people in the Province are living with this type of injury as this content is being written.

Furthermore, 1 out of every 200 Canadians suffers a traumatic brain injury each year, 18,000 of which will happen in Ontario Province. In addition to this, 35 individuals are admitted to hospitals on a daily basis and it has been estimated that 5,000 children will sustain catastrophic injuries this year. Finally, 50% of all traumatic brain injuries are attributed to motor vehicle accidents (30%) and sports (20%).

Common Catastrophic Injury Claims

A personal injury lawyer and their legal teams can increase your chances of recovering a much better settlement for your catastrophic injury damages than what you would experience on your own. These types of injuries usually include:

amputation and permanent disfigurement
back, spinal cord, and vertebrae
broken bones and fractures
burns and scarring
fatal accidents and wrongful death
injuries to children and infants
paralysis injuries (paraplegic, quadriplegic)
traumatic brain

Hiring a personal injury lawyer is always recommended under these circumstances. It is the only way to ensure that your rights to compensation will be protected in Mississauga. Plus, the last thing you or your family members need is the stress of trying to navigate the legal process in these types of cases.

The Need for Experienced Legal Representation

In the field of personal injury law, catastrophic injury cases can be extremely complex and time-consuming. Therefore, the victims of these injuries will have to rely on the experience and expertise of a personal injury lawyer who specializes in these types of claims. If a personal injury claim cannot be settled out of court, it will have to be tried in front of a judge and jury – and that could take years before you or your family will ever see any compensation for damages. Fortunately, more than 90% of Ontario personal injury claims are settled without ever going to trial. However, it is important that your legal counsel is experienced.

April 9, 2016in Uncategorized

How are Personal Injury Claims evaluated by Insurance Companies?

One of the more intricate aspects of personal injury law is the way in which insurance companies evaluate a plaintiff’s claim for benefits or compensation. You have to ask yourself how insurers can establish an arbitrary amount on a person’s lost wages, their pain and suffering, and most importantly, their quality of life. This seems like such a subjective task and yet your injury lawyer and team of legal assistants are confronted by this dilemma on an ongoing basis.

It’s important to understand that personal injury claims are not rolled up as one neat and tidy package. They are more like a melting pot of separate components, yet each one is critical to the outcome of a claim for benefits or damages. Of particular note is the concept of pain and suffering. Unlike personal injury claims in the US, the Ontario Provincial Government has established a cap for the amount of damages that can be awarded in these types of cases.

In Canada, pain and suffering damages are capped around $340,000 and are awarded to individuals who have sustained injuries in an accident and:

are incapacitated and can no longer function
had an arm or leg amputated
have nightmares about their accident or injuries
suffer with anxiety and depression
suffered a spinal cord or traumatic brain injury
take prescription painkillers to ease their suffering

The process of evaluating a personal injury claim in Brampton is usually predicated by adding up the all of the damages and losses that apply along with the amount of out-of-pocket costs and legal fees. At that point, the insurance company will quantify these damages in order to establish a settlement amount. Naturally, there are going to be variables that must be considered such as:

causation
contributory negligence
credibility
credibility of the physician
liability
life expectancy
pre-existing condition
previous medical conditions

So as you can clearly see, these personal injury claims can be extremely complex and require the expertise of an experienced personal injury lawyer and their legal teams. It’s important to understand how the assessment of damages transpires in these types of cases. First and foremost, the intention of compensatory damages is to make the injury victim and his or her family whole from a financial perspective.

Furthermore, the quantification of damages will range from relatively easy to extremely complex or difficult. Damages such as attendant care, home maintenance and housekeeping services, lost income, medical expenses, and property loss are easy to quantify. Conversely, placing a dollar amount of emotional distress or pain and suffering is far more complicated. Taking all of the above into consideration, the importance of having the support of an experienced injury lawyer and their legal teams cannot be overstated in Brampton. Thus, start looking today or give a call to the most experienced lawyers in the city and let them handle the case. They will be able to draft a strong case and help you win.

April 5, 2016in Personal Injury Law

Assessing Damages in a Personal Injury Claim – Part II

The ensuing content will provide information regarding family member claims and how a plaintiff’s actions or in actions can have an impact on their personal injury claim. While 90% of these cases usually settle out of court, it is still advisable to hire the services of an experienced personal injury lawyer in Burlington and their team of legal assistants to represent you until a settlement is reached. The fact is that without an experienced lawyer an out of court settlement will never give you maximum compensation as the insurance company will low ball you in settling for less.

Family Member Claims

Pursuant to the Family Law Act (FLA) of Ontario Province, a family member is allowed to sue for any financial losses associated with the care, companionship, and guidance that they have suffered due to the plaintiff’s injuries. Eligible family members of the plaintiff include:

brothers and sisters
grandchildren
grandparents
parents and children
spouses

According to the FLA, the following types of claims are recoverable in these types of personal injury cases:

Actual expenses that have been incurred for the injured or deceased individual
Compensation for the loss of care, companionship, and guidance that the claimant expected to receive had the person not been injured or passed away
Monetary reimbursement for the injured or deceased individual’s lost income
Reasonable allowance for lost income or the value of housekeeping, nursing, and other services
Reasonable travel expense reimbursement for those eligible family members who visit the injured individual while undergoing treatment and/or recovery
Reasonably incurred funeral expenses

While this will give you an idea of what the family members of the deceased or injured plaintiff may be able to claim, it is recommended that you rely on the experience and expertise of a personal injury lawyer and their team of legal assistants.

Impact of a Plaintiff’s Actions or In actions

In Ontario Province, there are some cases where the injury victim’s or plaintiff’s actions have played a role in causing or contributing to the accident. Furthermore, there are also cases where their in actions after sustaining their injuries could diminish the size of the damage award in their case. In this case, the term “inaction” refers to not getting proper medical care or treatment.

If the plaintiff has not taken reasonable precautions for their safety or their negligence contributes to their losses, this is known as “contributory negligence” and will reduce their claim for damages. Some examples of court-imposed reductions include:

Alcohol or drug impairment – contributory negligence of 25% to 45%
Failure to wear helmets while riding bikes or motorcycles – contributory negligence of 10% to 15%
Failure to wear seat belts in vehicles – contributory negligence of 15% to 25%

Keep in mind that an injury lawyer in Burlington will not only help you receive a higher settlement in claim than what you would on your own, they will ensure that your rights to that compensation are protected during the legal process.

March 28, 2016in Motor vehicle accidents

Assessing Damages in a Personal Injury Claim – Part I

In Burlington where an individual is injured in a motor vehicle accident that was caused by another person’s careless, negligent, or reckless behavior, a personal injury lawyer can ensure that they are compensated for damages. In most circumstances, when the defendant or at-fault party is legally responsible, an insurance company will compensate the plaintiff or person who has been injured in the accident. The actual dollar amount is established before personal injury cases end up in court.

However, in Ontario Province, over 90% of all personal injury claims are settled out of court and never go to trial. For the victim, this means that they will be receiving their settlement relatively soon, whereas they could be waiting for months or even years before their claim is settled by a judge and jury. This is also true when you consider the fact that personal injury cases can be very complex and take years to resolve when large sums of damages are at stake.

Compensatory Damages

There are a number of factors that must be considered in these types of cases, one of the most important of which is compensatory damages or monetary compensation that is intended to make the person financially whole again. While some compensatory damages are relatively easy to quantify such as reimbursing the person for their medical expenses, others are considerably more difficult to determine. For instance, what is a person’s pain and suffering worth? From a legal perspective a personal injury lawyer in Burlington and their legal teams are skilled at quantifying these amounts.

Common Damages in Personal Injury Claim

While there are numerous types of damages, there are several that are fairly common throughout personal injury lawsuits including:

Attendant care
Family member claims
Home maintenance and housekeeping
Lost income including future income
Pain and suffering
Property loss
Reimbursement for current and future medical treatment expenses

If an individual sustained injuries in a motor vehicle accident, they will need to meet certain criteria or requirements, known as the “threshold”, in order to be awarded any damages for their pain and suffering. In these types of personal injury cases, the injuries that a person has sustained must have led to one of the following:

death of the plaintiff
permanent disfigurement (amputation, scarring, etc.)
permanent impairment of important functions (physical and psychological)

If your pain and suffering claim meets the threshold listed above, it will be allowed. Talk with your lawyer about the amount of compensation you are eligible to receive. They will be able to judge the merits of your case and help you get the guidance you require.

The importance of hiring a personal injury lawyer to handle your claim cannot be overstated. The assessment of damages is a key element in personal injury cases. In Part II, you will find information on family member claims and how a plaintiff’s actions or in actions can impact the outcome of their personal injury case.

March 22, 2016in Brain Injuries, Personal Injury FAQ

Are Pain and Suffering an Essential Component of Personal Injury Law?

For any personal injury lawyer and their legal teams, the concept of pain and suffering is an essential component in the cases that they represent. Whenever someone has been injured in a motor vehicle or a slip and fall accident that occurred because of another person’s negligence, they will usually file a claim for damages in Mississauga. If they are awarded damages (compensation), this will pay for their lost income, medical expenses, and any pain and suffering that is attributed to their injuries.

Furthermore, the fact that your injuries have caused you a great deal of discomfort in no way guarantees that you will be compensated for your pain and suffering. From a legal perspective, pain and suffering is emotional as well as physical. While certain damage claims, such as lost income or medical expenses, are easy to quantify, others are not. Personal injury laws that apply to pain and suffering allow injury victims (plaintiffs) to receive compensation for their anguish and emotional distress.

How Pain differs from Suffering

A personal injury lawyer in Mississauga knows that there are numerous injuries that can leave a person suffering with chronic pain as well as overwhelming emotional stress. From a legal perspective, pain and suffering are two different things even though it is treated as a single claim. Pain is described as a physical sensation that you suffer with. This includes aching muscles, sharp abdominal pains, or a throbbing knee.

Conversely, suffering is described as the emotional or psychological aspects that are attributed to your injuries. For example, if you become severely depressed because of your injuries, that is considered suffering. Suffering is attributed or connected to pain. For instance, you could be stressed out and worried because you have been in chronic pain since your accident and medical treatment. Interestingly enough, suffering is not always attributed to pain. For instance, you could be traumatized by a family member dying in the same accident.

How do You calculate Pain and Suffering?

As was mentioned above, pain and suffering can be difficult for a personal injury lawyer in Mississauga to quantify or calculate because it is not a tangible entity. So unlike lost income or medical expenses, it is somewhat vague. Since no two personal injury cases are ever alike, the compensation awarded for a person’s pain and suffering will vary from one claim to the next.

You will have a greater chance of filing a successful claim for pain and suffering if your injuries are well documented and you have received proper medical care. Additionally, your chances of being successful will improve with documents that detail your diagnoses, injuries, and medical treatments. Be aware that Canadian citizens must also pass a verbal threshold when seeking compensation for their pain and suffering. It is best to let an expert lawyer handle the details and guide you through the complexities of legal jargon.

March 20, 2016in Personal Injury FAQ, Uncategorized

Recent Legislative Changes Concerning Ontario Auto Insurance and Accident Law

The fact is that as per the alterations in the Regulation of Ontario 491/96 additional changes have been made which impact the possible compensations that the victims involved in motor vehicle accidents can actually obtain. Justice cannot be denied.

Major changes have been made to the Statutory Accident Benefits Schedule which is also commonly referred to as SABS. These changes have determined the exact amount of monetary benefits that the victims of such accidents can actually receive. In the event of a car accident, the driver is entitled to file a compensatory claim with their insurance company and they are entitled to compensation for the following damages:

Benefits for car attendance
Benefits for loss of income
Benefits for medical treatment and rehabilitation

However, the fact is that the compensation from your insurance company is highly unlikely to compensate you for all the damages that you have gone through. For the example, if you are filing for a replacement of income you won’t get the entire loss covered but only a portion of it. If you want to get the entire amount compensated you can do this by filing a claim towards the driver who was at-fault in the accident. If you decide to do so, you can file for the following:

Expenses for medical attendance as well as rehabilitation
Income replacement and
Emotional damages such as pain and suffering.

Now, it is crucial to note that you can file for these things but the amount of the compensation is going to be reduced with the money that you have already received from your insurance company. The solution is incredibly fair because it serves to enact one of the most important principles of the law – you can’t get more than what you had to suffer through. Thus, compensation is given on the basis of the traumas and injuries sustained.

Ontario’s Insurance Act

The recent changes impact the deductibles which are taken out of your award for emotional damages. As of the 1st of January, the amount of the deductible is going to be published under the subsection of the Ontario’s Insurance Act. The subsection is 268.1, paragraph 1. The last amount of the deductible which was effective up until the 31st of December last year was $36,540. This means that if you receive a compensatory award amounting to $100,000, it is going to be properly reduced by the amount of the deductible for the respective year.

It’s important to follow the most recent and current changes in the legislation if you are to provide your clients with adequate legal representation and protection. This is going to have a great effect on your work and it would increase the ratio of satisfied customers and improve your existing track record.