Blog – Page 48

March 16, 2016in car accidents, Motor vehicle accidents, Personal Injury FAQ, Personal Injury Law

Mistakes Made By Victims of Car Accidents

Even though the government and the provincial authorities are trying their best in order to raise as much alertness as it’s possible, it is still quite common for victims of car accidents to make a lot of mistakes. This is generally due to the fact that they are not well aware of their own rights and with the procedures that need to be followed in an event of this kind. The city of Toronto which is located in the province of Ontario is the largest city in the country and it has a population of nearly 3 million people. As you can imagine, there are a lot of car crashes which take place every single day and here are some of the most common mistakes that most of the drivers make.

They don’t call the police.

Now, it’s true that most the law clearly states that if the damages on the car are for less than $1,000 the driver doesn’t have to call the police. Now, this is a controversial provision for one particular reason. While it may seem as logical not to waste time of the authorities for inconsiderable damages, it is simply impossible for the driver to assess the cost of the damage at the time of the accident. It usually takes some time for the car to get repaired and the mechanics are the ones who would give you your total bill. Of course, if it’s about a scratch or a simple dent in the car, you can probably assess it on the moment but this also depends on the type of car that you are driving. Getting the police to document the accident is crucial and it serves as a proof in court. The report is what you will use in order to claim damages from the opposite party and it’s the document which states the parties in the trial.

They fail to seek medical attention

Regardless of the damages, seeking medical help is mandatory. If the accident wasn’t serious enough you might initially fail to feel any strong pain and you can only feel uncomfortable. However, make sure to visit the doctor in order to get a quick brief on your condition and to determine whether or not there are some internal damages.

They talk with the opposite insurance company

The insurance company of the driver at fault is likely to ask the victim about the accident. You don’t have a duty to provide them with any information – they have to get it themselves. Keep in mind that whatever you say can be used against you, if there is a trial brought up. This is why it’s better not to converse with them at all. Let your lawyer deal with the insurance company and the defendant. That is because they will consider all of the statements and communication in the legal light before replying. This helps to be within the purview of law.

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!

March 15, 2016in Personal Injury FAQ, Personal Injury Law, slip and fall

Dangers That Hide Behind A Slip & Fall Accident

Mississauga is a city which has its location in the southern part of the province of Ontario and it has a population of a little over 650,000 people. The city is considerably large and it is regulated by the rules set forth by the province of Ontario. A particularly interesting subject which is up for discussion in the city of Mississauga is the slip & fall accident. When the common person hears about such an accident the first thing that pops into his mind is a slip that happens due to snowy or icy conditions. However, it’s important to understand that you can slip on a lot of different surfaces due to a lot of different reasons. Common examples are slippery floors in shops and malls due to recent cleaning, residual detergents or even a loose rug that you trip on when you enter.

If you are involved in an accident of this particular kind, the first thing that you should consider doing is to seek medical attention. It’s not uncommon for a lot of people to feel rather embarrassed and humiliated about having to seek attention due to a slip, but this is the most important thing that you should do. This would allow you to properly identify the injuries and take the necessary steps towards your own recovery.

Implementing duty of care

From a legal standpoint, it is termed as duty of care. This is the necessary duty that every occupier is obligated to provide in order to keep people on his premises safe at all times. Now, the law states that the people should be reasonably safe which means that there shouldn’t be any conditions which may cause accidents or at least the visitors should be aware of the risks. The obligations of the occupier as per the Occupiers’ Liability Act consolidated back in 1990 are as follows but definitely not limited to:

Keep the floors and the stairs in a proper condition
Keep the walkways clear of any ice or other slippery things
Keep your floors free of water and slippery detergents
Maintain an adequate lighting

A lot of people forget how crucial lighting actually is. There are regulations set forth which determine the amount of light that has to be provided in commercial establishments. It is also the responsibility and at the same time obligation of the occupier to make sure that the building codes are as per the legislation. Most importantly, he has to make sure that the codes are properly abided by. Of course, he could authorize another person to do so but that wouldn’t relieve him from the liability, but he would share it with the responsible party.

March 13, 2016in Brain Injuries, Personal Injury FAQ, Personal Injury Law

Filing A Lost Wage Claim In Brampton

As unfortunate as it may be, the majority of accidents involving vehicles in the city of Brampton, Ontario, often result with some disabilities. This means that the person that had to go through them is often going to experience short or long term disability. This has a lot of harmful consequences on the mentality of the person but it will also result in a loss of income. The reason for this is that he won’t be able to provide the same amount of workforce and his income is going to be reduced respectively. Sometimes the person is not going to be able to work at all and he won’t be able to continue his job and he might be left without his salary at all. It is crucial that situations like this are not left unattended and that they are treated properly because people in position like this should be able to live the normal live that they are entitled to. This is where the legislation of Ontario allows the victim to file the so called lost wage claim.

Statutory Accident Benefits

The claim can be filed towards the auto insurance company, provided that he has an actual and legal insurance contract. Drivers who are insured are entitled to actually get Statutory Accident Benefits from the insurance companies that they have a contract with. This offers them a variety of different benefits in the event of a car accident and one of them is the income replacement benefit. The victim is going to be required to file a claim with the company. However, this claim would recover you to go through a lot of paperwork and to fill out a bunch of forms.

Before you get your hopes all up, make sure to note that you won’t be entitled to the entire amount of the income that you have lost. With this in mind, you are going to be able to get up to 70% of the weekly gross income. There is also a limit of $400 a week. Of course, the victim might have decided to purchase additional coverage which means that the limit of $400 is going to get higher, according to the additional insurance clauses.

It’s also important to note that the period during which you are going to be entitled to receiving this benefit is different. This would depend on the severity of your injuries and the possibility of you getting back your job. Generally the period is for up to 2 years, but if you had to go through incredibly serious traumatic injuries and you won’t be able to work again, this period can get beyond 2 years, depending on every case individually. It is best to hire the services of an experienced personal injury lawyer so that your case gets the right light.

March 9, 2016in Brain Injuries, Personal Injury FAQ, Personal Injury Law

Statistics Regarding Brain Injuries In Ontario

Brain injuries are definitely amongst the most traumatic that a person can go through. At the same time as unfortunate as it may be, they are some of the most common injuries out there. The city of Burlington is located in the province of Ontario and the statistics that are going to be presented here are accounting for Burlington as well. Every single year more than 150,000 citizens of Canada are suffering from brain injuries. The last year of 2015 in Ontario alone, more than 800 children were victims of these severe injuries. However, it is important to know that there is a clear differentiation between traumatic and non traumatic brain injuries. The latter are also referred to as acquired brain injuries.

Brain injuries due to accidents

These are injuries which are the result of a non traumatic event. This means that the acquired brain injuries exclude causes like accidents or direct hits to the head and focuses on degenerative diseases such as cancer, tumors and many more. This is the main difference between both. It’s important to be aware of this fact because when it comes to proving the injury it is crucial to establish that the brain damage was a direct result of the accident and it wasn’t present before that.

If you fail to do so and it turns that it was an acquired brain injury your compensatory claim is going to get dismissed in this particular part. However, here are some facts which regard brain injuries in order to understand why they are so important to the field of personal injury.

Brain injuries are 10 times more common than any other spinal cord injury.
Canadians which were involved in an accident which caused them a brain injury have suffered from disabilities and have died more than from any other injury out there.
More than 12,000 brain injuries are registered in the province of Ontario every single year which lead to disabilities of all kinds.
More than 800 people in the province die of some sort of a brain injury every single year in Ontario.
It is highly likely that a female person is going to suffer from a brain injury more often than a male.
As every other year during 2015 as well the primary cause of a brain injury was a motor vehicle incident.

As you can see, brain injuries happen and they are incredibly relevant. This means that lawyers should be properly informed as to how to address those issues in order to provide their clients with proper legal representation. Make sure to stay updated with the statistics in order to build a stronger case in court. Hiring an experienced lawyer to work on your case ensures that you get the best legal assistance. Most of the brain injuries require specialized treatment and years of rehabilitation and that is why compensation is higher in such cases.

March 2, 2016in car accidents, Personal Injury FAQ, Personal Injury Law

Foundation Of Personal Injury Law In Burlington

Burlington is a relatively small city in the province of Ontario with an approximate population of about 180,000 people. However, one of the main legal fields of expertise for the majority of lawyers is the personal injury one. This is due to the fact that it seems to be the most lucrative and at the same time there is a variety of different cases which pose an interest to most of the attorneys. The area is governed by the local provincial laws of Ontario if they do not contradict to any governmental regulations. However, it is important to understand that personal injury law in Burlington is based upon several factors.

Liability

All of the compensatory claims are usually revolving around the basic concept of the responsibility. To put it into a simple prospective, a person is going to be liable for something if he or she is effectively found guilty of actually causing the injury from which the compensation derives. The injury could be caused consciously or as the result of a negligent behavior. During the trial run, the victim has to prove that he or she has taken all possible measures in order to avoid the accident. This means that if the accident proves to be set-up or caused by the claimant himself, he wouldn’t be awarded any kind of compensation at all.

Coverage of the compensation

Compensatory claims can relate to both pecuniary and non pecuniary damages. The first ones are the direct damages while the latter represent the so called pain and suffering. As you can see, there isn’t a differentiation between both as far as grounds for a case go. However, it’s important to know that the damages that you can claim are limited to a certain amount. Back in 2004 the Supreme Court of Canada issued an effective ruling which basically restricted courts from awarding compensatory claims for more than $300,000. This means that if you want to file a compensatory claim for your personal injuries your non-pecuniary or emotional claim can be somewhere in the range between $1 and $300,000.

Exceptions

Drivers and owners of motor vehicles can’t be brought on charges for non-pecuniary damages unless the accident has resulted in severe damages. Examples are scarring and permanent disfigurement as well as other severe impairment of the health of the victim. Compensation depends upon the level of injuries.

Limitations

There are certain limitations which apply to personal injury law as per the Statute of Limitations. The solution is rather fair but it’s different for every single case, depending on the cause of the accident and the category that it falls within. With this in mind the terms can range somewhere between 6 months and five years.

February 24, 2016in car accidents, Motor vehicle accidents

Measures Taken By Legislation To Prevent Car Accidents

Brampton is a city in the province of Ontario and each year hundreds, even thousands of car accidents occur on its territory. The reasons for this are various. Even though there is a fair share of accidents which happen due to improper road conditions and events which couldn’t be controlled by the driver, the majority of accidents are always going to be caused by negligence. The form of the negligent behavior can be various and it is definitely different in every single case. However, distraction is definitely leading the charts. People are beginning to talk on the phone while they drive.

They are also texting and reading different things on their phones. This seriously contributes to the increasing number of car accidents that happen. It is of vital importance to understand how terrible can a car accident actually finish. The consequences are often facial disfigurements, scars, broken bones, dislocated joints and even death. The fact is that car accidents are the most common cause for death amongst every other accident out there.

This is why the legislation of Ontario is struggling to introduce new methods of fighting with these increasingly popular trends. Back in 2014 it was stipulated that the drivers which use handheld devices while operating the vehicle in order to conduct activities such as talking, texting or writing an email can face a fine of up to $1,000. Now, in addition to that the driver is going to be stripped out of 3 demerit points. The legislation got an immense acceptance in the government and it was unanimously passed on the 2nd of June back in 2015.

According to the Provincial Police of Ontario the distracted driving is definitely the leading reason for the majority of car crashes. It has caused more deaths back in 2014 than any other form of negligence such as speeding. It has even caused more accidents than impaired driving. It is very important to safeguard the pedestrians, your own self and passengers in the vehicle.

However, it’s also important to note that the legislation is also addressing other issues which seem to be trending for the last few years. Driving under the influence is also becoming a tendency amongst young people and this is why the rules are getting even stricter there. It is also important to know that the legislation is also providing a lot of rules for bicyclists as well as for pedestrians.

All in all, it is safe to say that the province of Ontario in tight assistance with the Provincial Police is working on making the laws and provisions incredibly effective. This is the only way that accidents of this particular type can be prevented. It is important to raise a lot of alertness among young and inexperienced drivers and to inform them on the seriousness of the matter.

February 1, 2016in Motor vehicle accidents, Personal Injury FAQ

Why and How To Report Your Accident to the Insurance Company

The fact is that every single day people are involved in a variety of auto accidents and one of the most common vehicular incidents in the province of Ontario involves a motor cycle. This is due to the fact that they are a lot more dangerous than cars as they simply do not provide the same level of protection. As a result most of the cases end in some terrible physical injuries and emotional trauma that can last for a lifetime. However, once you are through all the stress the time comes to start searching and fighting for your rights. Here are few of the things that an injured person should do as per the personal injury law of town of Mississauga.

The Insurance laws of Ontario and Mississauga clearly state that you should report the accident no more than seven days after it happened, regardless of who the fault belongs to. However, you should take into consideration that this term is instructional and it won’t preclude your rights to seek compensation. However, you must state the reasons for which you failed to report the mishap within the term and if you don’t have good reasons, you might be denied the compensation.

Assigning fault

Now, it is very important to note that the province of Ontario abides by the Rules of Fault Distribution and every accident includes assigning the relevant amount of fault to both parties. The driver can have anywhere between 100 percent and zero percent at fault ratio. After the fault distribution is through, the compensation is going to be paid accordingly, taking the relevant per cent of your fault. This means that if you have 0% fault, you will receive the entire amount of money. However, it is also important to know that every insurance broker and company have their own methods of calculating and assigning fault, so make sure to go through your insurance policy properly. Talk with a lawyer today to understand how you can get maximum compensation in your case.

Filing compensatory claims

Compensatory claims are also a common way for a personal injury case involving a motorcycle accident to go. The claims are filed through the court and they are addressed to the opposite party. The opposite party can be anyone who you are holding responsible for paying off the relevant compensation. This could be another person, an insurance company or even the government. However, the Statue of Limitations limits your right to seek monetary compensation and you would have only 3 years after the accident to file your claim. This term is precluding your rights to seek monetary compensation, which means that once it is through you won’t be able to get compensated for the damages that you had to undergo.

January 30, 2016in Personal Injury FAQ

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

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

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

What is Occupiers’ Liability Act?

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

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

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

January 29, 2016in Personal Injury FAQ

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

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

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

In case of loss

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

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

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

January 27, 2016in Personal Injury FAQ

Current Procedural Legislation Of Ontario

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

Calling witnesses

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

Medical expertise

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

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