Personal Injury FAQ
Now, the truth is that the majority of personal injury lawyers are going to offer a free first consultation in the province of Ontario. While this is free, you should certainly take advantage of it. This is usually an incentive for clients to visit the office and get them to hire the lawyer to represent them when it’s time.
Now, the term “medical malpractice” definitely has an unpleasant ring to it. This is defined as an act below the level of care which is generally acceptable by a similar healthcare provider under circumstances which are identical or at least similar. Basically, this type of negligence is going to manifest when the patient experiences certain harm which could have been prevented by the doctor but he failed in doing so as he executed medical help below the accepted standard. Some of the issues associated with medical malpractice usually derive from:
The first thing that you need to know is the role of the adjuster in settling the claim. This is the person who’s going to handle your entire case and he is the one who is going to officially make the settlement proposals. With this in mind, there are quite a few things that you might want to take into account when dealing with him in order to go ahead and get the most out of your proposal.
Now, if you want to sue a doctor in Ontario for sub-standard care, there are quite a lot of different things that you might want to take into account. For one thing, you should know that this isn’t something easy and it takes a lot of preparation and your grounds must be particularly strong. However, if you’ve sustained injuries after a medical procedure in your hospital and you are certain that the doctor or the entire facility played a significant role in the aforementioned injuries; you are entitled to sue the physician. Or, at least, you should consider doing so.
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.
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.
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.
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!
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:
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:
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.
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.
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!
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.
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.
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.
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!
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.
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:
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.
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!
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.
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.
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.
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.
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.
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!
Over the years, we have helped thousands of clients obtain the compensation that they needed and deserved for their personal injury accidents all over Canada.
