Personal Injury FAQ – Page 24

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 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.

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!

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.

January 26, 2016in Dog Bites, Personal Injury FAQ

Understanding All Aspects Dog Owners’ Liability Act

Dog bites are quite common in the country of Canada and reports show that over 500,000 people each year are attacked and bitten by dog. An injury of this kind may lead to some incredibly serious complications and as such the law handles the matter with great caution. The law which governs dog bites and the liability of their owners in the Province of Ontario and which is fully enforceable in the town of Burlington is called the Dog Owners’ Liability Act. The law was accepted and put into practice back on the 6th of December in 2000 but the most current amendment was made on the 1st of January in 2007.

It is important to note that the Dog Owners’ Liability Act clearly stipulates and clarifies the term owner. This is every person who is in possession or is harboring a dog. At the same time if the person is a minor, the one who is going to be liable under the regulation of this act is going to be the one who is responsible for the custody of the minor.

The liability set forth in the act which is in practice in the city of Burlington is civil liability. This means that it should be clearly differentiated from the criminal liability under other judicial acts. Civil liability, which is basically what personal injury law is all about, implies a civil breach of legal provisions, one that does not fall within the definition of a crime. The main intention behind civil liability is for the perpetrator to be forced to repair the damages or the pay the respective amount of money as compensation.

The Dog Owners’ Liability Act clearly states that every dog owner is liable for any kinds of damages which may have resulted from a bite or a simple attack by his dog on any other person or even on other domestic animals. Now, as you can see there are two possible grounds for filing a personal injury compensatory claim on these grounds in Burlington. The first one would be based on a bite of the dog which would most likely lead to both physical and emotional damages. The second merit mentions an attack, which may not have finished with a bite. However, the law aims to cover all possible damages and the sheer stress that a person could endure after being attacked by a dog, despite the fact that he doesn’t have any physical damages, is enough.

Article 2, paragraph 2 of the Civil Liability section also states that if there is more than one owner, they are going to be severally and jointly liable. This solution is also fair because liability for a dog bite can occur even if the dog owner wasn’t present at the attack. If you have encountered a similar accident, it is time to talk with an experienced legal authority.

January 26, 2016in Dog Bites, Personal Injury FAQ

Types of Orthopedic Injuries

Orthopedic injuries are definitely included in almost every single personal injury case. This is due to the fact that they are the main grounds for the case and most commonly the compensation is going to be designated to cover the financial loss the injured party had to incur as a result. However, there isn’t a single statute or law that governs orthopedic injuries as they may derive from literally every single accident. With this in mind, orthopedic injuries caused by dog bites are going to be covered by the Dog Owners’ Liability Act, the ones deriving from a slip and fall accident will be claimed under the Occupiers’ Liability Act and so forth. It is especially important to file the claim under the correct legislature in Mississauga as different provinces might have slight differences in the law.

Understanding the common ones

However, when it comes to orthopedic injuries, it is worth mentioning which are the most common ones of them and what do they entail. The most common orthopedic injury in the city of Mississauga for the past year is a fracture in the bones of the hand. The most common reasons for this particular injury is a motorcycle injury and also a slip and fall accident. However, depending on the severity of the injury, this particular fracture could be classified as mini and non-mini injury but almost never as catastrophic.

Skull fracture is a severe injury which may lead to some incredibly serious brain traumas. It includes a break in one or more than one of the bones which are placed in the skull. The reason for this is a mainly a blunt force trauma which if strong enough could easily result in a skull fracture. These should be taken into serious consideration because they can lead directly to some incredibly dangerous brain injuries which may have their consequences for life.

Fractures

Hand fracture is another incredibly common orthopedic injury and it includes a fracture of one or several bones which are located in your hand. The most common representation of a hand fracture is a broken finger. In any case, orthopedic injuries are rather easy to prove, for the majority of cases. This is due to the fact that they can be easily comprehended by the visual senses unlike emotional trauma. However, it is important to know that these injuries fall within the category of pecuniary damages which are usually based upon some sort of a document.

A simple apothecary bill showing that you have bought medication for a certain orthopedic bill would suffice, or a medical contract and what not. Basically, you should pull out all of the documentation that you have been issued as a result of the injury in order to claim the compensation award. This is one of the reasons that you need to work with the best lawyers in the city.

January 26, 2016in Personal Injury FAQ, Product Liability

Main Causes For Product Liability Claim

Product liability is definitely the most common area of practice within the division of personal injury law. The main reason for this is the consumerism society that we are currently living in. With such vast manufacture it is inevitable that certain products are going to prove to be defective from time to time. This is when the injuries may occur. The most common field of expertise where a defective component may turn to a serious accident in a matter of seconds is the automobile industry. If there is something wrong under the hood of your car and this manifests itself at a time during which you are operating the vehicle, the inevitable will happen. The city of Brampton recognizes a variety of cases involving car accidents which have resulted from manufacturing defects.

Contract Law

There are two main causes from which a claim for product liability may derive. The first one is based on the Contract Law under which the selling party owes the buying party a product in a proper working condition which is fit for the general purpose of said product. The city of Brampton, being part of the state of Ontario, is subjected to the provisions of the Contract Law and in this particular area there are no extensions or limitations to this particular duty. Therefore any breach of said provisions leads to civil liability which could be claimed through a personal injury claim.

Negligence

The second cause from which a product liability case may present itself is negligence. The main difference between the causes under the Contract Law and this one right here is that there is an extension to said duty and there is a legal phenomenon known as the duty of care. Apart from having to present the product in a good working condition, the selling party also owes a further behavior of care in order for the product to work as intended. Usually these are some sorts of maintenance checks and follow-ups done by the seller under the contract. Failing to conduct them would put the purchase in jeopardy which is what the law aims to prevent and in the ultimate case – to compensate.

Time period to file for claim

Product liability cases can be sought 3 years after the occurrence of the accident as per the regulations set forth in the Statute of Limitations. This solution is perfectly fair as it puts some sorts of limits to the responsibility of the seller who can’t be liable for life. At the same time it motivates the purchaser or his family members to seek compensation in a timely manner because presumably it is going to be needed as soon as possible. Family members can seek compensation under the Family Act of the country of Canada which is also in practice in the city of Brampton.