car accidents – Page 2

December 5, 2016in car accidents

Things To Consider Car Accidents In Ontario

Even though the majority of personal injury claims in the province of Ontario derive from a car accident, the truth is that a wide range of said accidents are rather harmless. This is mainly because they occur in the city where there are clear signs and the conditions do not allow speeding or reckless behavior. Of course, this is not always true and there are a lot of cases which end up with horrible consequences.

Regardless of the damages, the truth is that over 90% of the car accidents and the pursuant claims never reach the court room. The reasons are various. Let’s take a look.

Slow legislative system

This is one of the main reasons for which people avoid going to court. It is going to take you about two years after you file the claim to get the first hearing of your case. This is just the first hearing. The procedures are incredibly slow and that’s because there is not enough capacity to handle the abundance of cases. The courts are flooded with cases and there is not enough human and physical capacity to handle more.

Furthermore, another quite common reason for which people prefer to stay away from the court room in situations of the kind lies within the high legal fees. Court fees are particularly high and a personal injury claim of the kind could easily cost you a small fortune. Even though these expenses are recoverable, you would still have to pay for them out of your own pocket during the trial and expect to get them back only when and if you win the case. That’s a risk that not everyone is willing to take.

The benefits of the out of court settlement

All of these cases that never reach the court are settled outside of it. The parties have reached mutually beneficial agreement and have acted upon it by bonding in a settlement. This piece of document has the same legally binding force as the ruling of the court and it’s fully enforceable by the necessary authorities. However, it’s nowhere near as expensive, it’s quickly achieved and there are no unnecessary hassles and burdens along the way. You get what you bargain for and there are no related risks with getting nothing at all, which may happen in court if the ruling is not in your favor.

So, there you have it, the main reasons for which people prefer to go around the court and settle outside of it. That’s not a bad thing – on the contrary – it’s an example of the freedom of negotiations and how it can serve society perfectly in times of distress and turmoil like this. Majority of the personal injury lawyers are experts in negotiations and though they have ample experience standing for trials they prefer that the case is settled amicably. This helps you get the much-needed funds faster.

November 2, 2016in car accidents

How to Handle Yourself after a Car Accident In Ontario?

Being involved in a serious car accident can be one of the most horrible things that could ever happen to you. The event is incredibly traumatic, it often ends in terrible injuries of all kinds and sometimes even in death. In any case, you should consider pursuing your legal rights, provided you are on the side of the law. If you aren’t, then you have to think about a great defense strategy.

Laws pertaining to car accidents

In any case, you should be thoroughly aware of the fact that the country of Canada is divided in different provinces, each of which is authorized to issue legislative acts which are separate and can differ from the ones enacted by the Canadian government. The state of Ontario, however, doesn’t have a lot of legislative differences when compared to the Governmental law. However, there are a few things that you ought to know if you’ve been involved in a car accident.

You must make sure to get the relevant and legal information if you’ve sustained some sort of injury. This is intended to help you later on when you file your injury claims. You have to comply with all the legal procedures in case. You have to remain at the site of the accident. However, if someone is hurt, you have the absolute legal obligation to help them. This doesn’t mean that you should provide them with medical assistance – you simply have to call the 911 number and get the ambulance or the police going.

Accident Reporting Center

Make sure to get the other vehicle’s license plate as well as the information regarding the driver. This is rather simplified because you are legally obligated to do so. If there is someone who’s injured, the police are generally going to come at the scene but if there are not there, you’d likely be redirected towards the Accident Reporting Center.

Notification to the Insurance Company

You also have to notify your insurers. But before you do so, it’s highly advisable that you contact a lawyer so that he could provide you with actual information that you could rely on and not get manipulated by the insurance company. In any case, after you open the report of the accident you have to file your claims in a timely manner. Once this is done, the insurance company will start looking into it. This is why you should be really well aware of your rights so that you get all that is rightfully yours. The insurance company is going to be provided with the right to inspect your vehicle in order to determine the amount of damages that has to be paid. In any case, the procedure isn’t overly complicated but it’s time consuming and requires knowledge of the respective regulations. Depending on a professional lawyer is your best bet as they understand the nuances of the complex and challenging cases that are covered under Tort Laws.

September 20, 2016in car accidents

Things to Consider After Whiplash Accidents

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

Whiplash Associated Disorder

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

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

Recovery or disability

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

September 8, 2016in car accidents

Specifications about Cap on General Damages Claims for Pain and Suffering

Honestly, the majority of people are instantly going to think of general damages as they hear personal injury case. These are the damages for pain and suffering. While most of you might believe that this is the field in which you can get the most out of your personal injury claim, there are many more headings as well as heads of damages for your particular injury case which could get you a lot more money than damages for pain and suffering. One of the first things that your lawyer has to do is to properly quantify your damages and to determine exactly how much is your case work. Of course, this is a lot easier said than done.

When it comes to damages for pain and suffering, there are a few specific things which have to be taken into consideration, especially when it comes to Ontario. The Supreme Court of Canada managed to issue 3 distinctive rulings on three separate cases which came to be known in the legal doctrine as the “trilogy”. These were the cases in which the Supreme Court effectively put a cap on general damages. Unlike the USA, where you can get millions and millions of dollars for general damages, in Canada you can only get as much as $356,000. That’s right – $356,000 and not a penny more. However, this isn’t necessarily a negative solution – it has its pros and cons so let’s take a look at them.

On the plus side, it puts a metric on something which can’t be properly quantified. You can’t really measure exactly how much pain and suffering is a victim going through, let alone to determine how much money this is worth. It’s a strictly subjective issue. With this in mind, the $356,000 cap is somehow making matters easy to quantify. This is by virtue of setting a maximum amount to the damages of the kind.

However, on the downside, this is pretty limiting. Things get especially bad if you are involved in a car accident because there you have a $30,000 deductible, if your claim is under $100,000. So, let’s say that you get an award of $50,000 after years of court procedures. You really only get $20,000 as the first $30,000 are deducted.

When you add things up it’s definitely not an easy decision. However, as we mentioned earlier, there are a lot of headings and heads of damages in personal injury cases which could make you a lot more money. Furthermore, $356,000 is definitely a lot of money. Sure, when you stack them up against the pain and suffering that you might have gone through they might seem inconsiderable, but as we said – there are pros and cons.

With more stringent rulings on compensation claims, it is important that you hire the professional services of a personal injury lawyer before you file for a claim. This will help you get a better chance at winning maximum compensation.

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 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.