Now, Ontario is a province which is well known for its cycling culture. However, despite the majority of the cities in it having designated and special paths as well as lanes for cyclists for them to go to work and for recreations, accidents involving a cyclist tend to happen a lot more often than they should. Unfortunately, these accidents oftentimes result in grave injuries and particularly serious damages because cyclists are far less protected than the other participants in the traffic.

Now, the truth is that being involved in an accident, regardless of the kind, is something particularly disturbing. However, once we are through with the recovery and everything seems to be getting back to normal, you might consider getting compensated for the troubles you had to go through. Oftentimes, nevertheless, you would think only about tangible damages such as physical injuries, the cost of your car repairs or the number of days that you were off work and further on.

There are, however, different types of damages that you might want to consider and you don’t want to forget and leave out. Emotional distress, for instance, is a particularly bothersome and incredibly complicated condition which could cause tremendous troubles in the long run. Your mental health, just like your physical health, is particularly important and you might want to take it into account just as much.

If you’ve been involved in a trauma as a result of an accident, especially if the accident was serious, you might have undergone a tremendous amount of stress. This is something that doesn’t go away overnight and it could easily take years to recover from. That’s especially true for dramatic accidents. This stress can easily lead to a wide range of psychological issues which could easily take a sever toll on your ability to function properly. They are going to require considerable and reliable medical treatment to overcome. With this in mind, let’s take a look at some of the signs that you might be experiencing abnormal emotional distress which has resulted from the trauma. Some of the symptoms include:

·         Panic attacks, Nightmares

·         Changes in your mood and temperament

·         Inability to get a good night sleep

·         Memory problems

·         Mood swings and many of the kind

These symptoms can easily be symptomatic of characteristic and serious conditions such as PTSD (post-traumatic stress disorder) or a panic disorder, for instance. It takes weeks or even months of therapy and intensive psychological treatment to overcome such trauma.

Now, these symptoms and conditions aren’t easily quantifiable. They are left to the discretion of the court. You can’t prove their worth with a document like for non-pecuniary special damages. They are carefully examined each separate case and the amounts are awarded by the jury. With this in mind, the lawyer’s task is to make sure that everything is handled perfectly and that all the necessary documentation attesting to the existence of the condition are being laid out. Furthermore, it’s his responsibility to question the professionals who’ve diagnosed the patient in order to attest that the emotional distress is actually presence. These people are going to lay out the extend of the condition and provide the court with an estimate of their severity. This should allow the latter to make a responsible decision when it comes to the actual compensation. Your lawyer will be able to defend your eligibility and help you through the complete process.

The unfortunate truth is that medical malpractice cases are rather common. However, when it comes to it, there are fine lines which need to be taken into proper consideration. Not every injury that you incur while you are undergoing treatment is going to qualify your case for medical malpractice. Sometimes, as sad as this may be, it’s just a bad outcome. You can’t expect to hold the professionals accountable every time something doesn’t go as you want it to and that’s why the law is particularly stringent in this regard.

When it’s not a medical malpractice

The case that you have would not be considered to be a medical malpractice if your condition is simply untreatable. Not all health-related issues are treatable. There is a chance that you might not be able to get better at all and the doctor who’s treating you can’t be hold accountable for this.

Another common case is when your condition gets worse during the course of treatment. There is no guarantee that every single patient is going to respond to common treatments the same way and even if the doctor does everything by the book you might still get worse – that’s still not grounds for a lawsuit.

When you can sue

In order to sue, you need to determine and define that there has been negligence involved. Negligent is the behavior which does not manifest the standard duty of care. In other terms, if your treating doctor acted in a non-efficient way whereas any other doctor with reasonable qualifications would have acted appropriately you can claim that your doctor acted negligently.

Recklessness is also not excluded. While it might be rather scarce in the medical world but it can still happen. For instance, if the surgeon who is currently operating on you is doing so under the influence of alcohol or drugs, you will most certainly be able to recover damages.

As you can see, not every single time you incur damages while in the hospital would suggest that they are due for compensation. That’s why you need to rely on a successful personal injury lawyer who is going to take care of the organization of the claim. He is going to have the necessary experience to determine whether or not your case is even qualified for compensation and you are going to come up, alongside his advice, with a proper strategy on how to proceed. With all this in mind, it’s also important to notice that medical malpractice cases are not, by all means, easy. They are particularly challenging and you would need to take into account quite a lot of things if you want to be successful.

If it is proven that you were a victim of medical malpractice, you can be compensated generously depending upon your injuries that were due to neglect or misdiagnosis. However, your injury lawyer would be the best judge of the case.

There are quite a few injuries that could derive from an accident, regardless of its type. While some of them are visible and easy to localize such as broken bones and tendons, for instance, others could be particularly hard to determine, let alone fix.

When your leg is broken you know it is – you are aware where the injury is and the doctors know how to handle it. The x-ray is going to show the damage and the professionals could implement the right type of treatment for you to get better. However, what happens when the only injury that you get from a recent car accident is a brain injury? You can’t just put your brain in a cast and let it heal with time.

Diagnosing Brain Injuries

The damage to your brain is impossible to see from the outside. What is worse, a brain injury might not be detected on the MRI, let alone on a regular x-ray. The truth is that brain injuries from accidents such as slip and fall, bike accidents or whatever else you might think of could have devastating effects. They might end up causing headaches, memory loss, and fogginess, anxiety, ringing in your years as well as fatigue, depression and balance problems. Sometimes, the victim himself might not even appreciate any cognitive deficit which has resulted from the injury. This is why the personal injury lawyer have to speak with his family, friends and colleagues in order to better and properly appreciate how bad or not bad at all the damage might be.

Statutory Accident Benefits Schedule

There are certain situations in which the victim has completely lost his ability to function properly. This renders the entire injury catastrophic as per the Statutory Accident Benefits Schedule. Once the injury has been duly categorized and declared as catastrophic under the SABS, the compensation that the victim would be entitled to is going to be significantly greater.

However, it is absolutely paramount for you to rely on a team of skilled personal injury lawyers. In some situations he would have to conduct deep research in order to determine the exact extent of the brain injury and the precise amount of damage that it’s causing to the victim and to those around him. The truth is that brain injuries are usually hard on those who suffer from them but they could also be devastating for relatives and close friends. The reason is quite simple – it is absolutely terrible to observe the one you love and care about not being able to function properly because of some brain injury. This is capable of turning one’s entire life around and this is the reason for which brain injuries shouldn’t be taken lightly for a second, regardless of how minor they might seem.

If you or a loved one has been a victim of an accident that led to catastrophic brain injuries, it is time to contact a personal injury lawyer in Toronto.