How You can help Your Personal Injury Lawyer in Your Case

Cities such as Barrie, Orillia, and Stouffville see their fair share of accidents on a daily basis.  In many cases, people sustain serious injuries because of someone else’s carelessness, negligence, or recklessness.  And when that happens, you should consider talking with an experienced personal injury lawyer in order to validate your claim and determine what your case may be worth.  Unfortunately, this isn’t always as easy as it sounds as the law governing personal injury claims is extremely complex.

If you have recently sustained serious injuries in a motor vehicle accident, slip and fall accident, or any other type of accident and you feel that the other company or person caused these circumstances, you may consider filing a personal injury claim.  However, it is imperative that you aware of and understand your rights under Provincial law.  This is especially important if you want to be compensated fairly and reasonably.  Plus, you only have so much time to file your claim and lawsuit.

Helping the lawyer

There are a number of things that you want to keep in mind prior to moving forward with your personal injury case in Barrie, Orillia, or Stouffville.  The following steps will be very helpful for your lawyer and his or her legal team as well as the effort they will invest in your case and getting you the compensation you are deserving of:

First and foremost, there are a number of factors involved in the assessment of your case and making your personal injury claim.  Among the primary considerations are factors such as the:

  • cause of your injuries
  • nature and extent of your injuries
  • impact of your injuries on the ability to perform your job
  • overall effect on your quality of life

Your claim will be valued based on your ability to show how long and to what extent you will continue suffering losses that have arisen from your injuries. It can be daily expenses, loss of wages or medical treatment bills that have to be paid.

Secondly, although there may be the occasional exception, you have a prescribed time limit in which you can file your personal injury claim which in most cases is 2 years.  The sooner your personal injury claim is filed and the sooner the defendant and his or her lawyer have been notified, the sooner you may be reimbursed for your damages.  This includes any and medical expenses that you’ve incurred. Keep the receipts, bills and any other proof that you have.

Third, be sure you are keeping track of every cent that is directly attributed to and spent on your injuries, whether you are spending the money or another member of your family is.  Be especially careful if you have filed your claim with an insurance company and document these expenses for medical care and rehabilitation as accurately as you possibly can.  Just remember, it won’t hurt to cover this with your personal injury lawyer.

For Getting Injured at the Workplace, Do I Need a Legal Counsel?

If you though getting compensation are easy after personal injury at work, it is a mistake. Although as per the rules, you need to notify the employer and the Workplace Safety and Insurance Board, there are medical examinations to complete before the compensation is disbursed. But reality is different, because you will need a lawyer to ensure that you get the compensation you deserve. If a vehicle is involved in the accident, matters get even more complicated. You get the choice between getting personal injury claim from your insurance company or WSIB compensation. As per the rules, after an injury, you are supposed to file a claim by:

  • Reporting the injuries to the employer or supervisor. Get first aid and if there are additional complications that develop, report them.
  • File your worker’s compensation claim with WSIB. If there is going to be loss of wages, the employer needs to file a claim. In case, there is a delay in reporting an injury claim.
  • You need medical examination and evaluation done by the doctor. The medical report will be reported to the WSIB as part of the claim filing.
  • Your case will be heard in the Workplace Safety and Insurance Appeals Tribunal.

However, the fact is that it is a tedious process with a host of documents to submit when you need to file for WSIB claim. The reality is that WSIB health care funds have been drastically reduced since 2009 and that has resulted in workers going back to work much earlier than what is medically advised. In addition, the number of claims being denied has risen. With the result, the process of appeal has become complex as workers navigate through the overloaded claim system. With more appeals that it can handle, injured workers might be left without compensation. That is precisely the reason that you need a lawyer by your side. There are many other complexities that have to be considered when the victim of the injuries is trying to get compensation. With plenty of laws and regulations to adhere to, it helps to have a good lawyer in your corner. They will understand all the legalities of pursuing a lawsuit.

An experienced personal injury lawyer can ensure that your case is heard under tort laws if needed or they can assist you with filing of the WSIB claim. Qualified lawyers can help you through the procedures and file in the paperwork. Additionally, if you are being pressurized to work without the injuries getting healed or are in a condition where it might be difficult, your personal injury lawyer can represent on your behalf. It is essential that you look for a personal injury attorney that has past experience in handling cases like yours. You can look online or get referrals at work or from colleagues. Get a free session and get your case evaluated.

Can Dangerous Products Lead to Personal Injury and Death Claims?

If there has been a death in the family due to the use of dangerous products, there is legal recourse to bring the supplier or manufacturer to book. The Canada Consumer product Safety Act governs the products that manufacturers make are safe for use and are not defective.  In case any product is considered dangerous, or causes death or leads to personal injury, it can lead to criminal liability for those that have supplied, manufactured or imported the products. It is extended to those that tested, labelled and even advertised these products.

A dangerous product is something that is potentially hazardous to your safety or can lead to health issues or even lead to a fatality. In case a product has been proven to be unsafe or dangerous then the authorities can ask the manufacturer to completely recall the product and if they don’t comply, the government can do it themselves. Additionally, the manufacturers and suppliers will be taken to court where they will be fined or imprisoned. When you have lost a loved one, you or deceased’s family which includes spouse, children, parents or even grandparents have the authority to file for wrongful death claim on the manufacturer, retailer or even the supplier. This is done on the grounds of:

  • Loss of companionship, guidance and care: This is done to compensate for the care and companionship the family is deprived of wherein the deceased would have provided.
  • Financial losses: The grounds for filing the claim on this basis is the loss of income due to the wrongful death. It includes the cost of hospital visits, funeral expenses, medical bills and providing for the family as there is loss of income.

Having a good lawyer by your side can help you get the necessary procedures and documentation completed and submitted in time. The lawyers will ensure that you do not cross the Statute of Limitations and in most cases it is 2 years.

When the wrongful death claim is filed under personal injury laws, it is covered under the product liability clauses. The difference is whether a contract was signed or was purchased off the shelf.

  • Negligence based liability: When there is no contract, and the product is harmful, then the negligence is considered on the part of the distributer, manufacture or even the retailer. The claim will need to show that the safety of the product was compromised and there was negligence on the part of the seller/manufacturer.
  • Contract-based liability: This is covered as breach of contract especially when there is a contract and the product is found dangerous or unsafe. As per Ontario law, having a contract means that the product for use is completely safe.

Irrespective of negligence or contract based claims, you are awarded compensation based on non- pecuniary and pecuniary damages. The non-pecuniary damages cover loss of care, suffering and pain. You cannot be paid more than $350,000 under this claim. While the pecuniary damages cover the loss of financial support, medical expenses and are capped at the actuals of the submitted bills and invoices.

Are Slip and Falls Considered Serious Injuries?

It just takes a minute to change your life forever. One minute you are walking on the sidewalk and the next moment your foot slips over the snow and slushy ice. You hurt your back, or maybe even strike your head on the sidewalk. Thousands of people suffer with slip and fall injuries and statistics show that over 70% of the injuries happen to people over fifty years and older. With age, the intensity of injuries increases while the healing takes longer. Some of the sustained injuries include:

  • Fractured hips and ribs
  • Dislocated joints
  • Brain and spinal injuries
  • Bruises and cuts

Slow recovery leads to increased medical costs, longer recuperation and in some cases, additional infections leads to fatalities. Any fall results in injuries and to cover for physical and mental trauma, it is important that you consult a personal injury lawyer in the designated city in Ontario. If you slip on someone else’s property, that business or homeowner is liable for the damage.

More about ‘Burden of Care’

That is why property owners have ‘burden of care’ that they must do everything in their power to prevent such happenings. This becomes an essential requirement to prevent such accidents happening on their property. Thus, shoveling and clearing snow from the driveways breaking up ice, putting sand and salt are just some of the requirements to ensure that slip and fall injuries can be prevented. Most of the municipalities have additional bylaws that require the homeowners to keep the public paths and sidewalks along their properties cleared of snow.

If you are inured due to a slip and fall injury in the winters on public property it is important to contact a lawyer immediately for redressals. As per the Statute of Limitations, for injuries sustained on private property are two years and the Ontario municipality that has been involved has to be informed, in writing within 10 days. This has to be done quickly so that the investigations can be done quickly. After that you have about 2-year period to file a lawsuit, but if you don’t send in the notification, most likely the claim will be dismissed.

Prevention is essential

The best means of dealing with slip and fall on the sidewalks and public or private property during winters is prevention. This means that property owners and municipality will need to clear the sidewalks and roads clear of the snow and ice, so there is no chance of slipping. When snow is left on the open ground, it packs down and becomes ice over a day or two. That is why it is necessary to remove it immediately.

To ensure that as a pedestrian you don’t get injured in accidental falls by being aware of your surroundings and choosing the right footwear. And when you do fall by accident, it is best to call in a personal injury lawyer to file the claim for compensation.

Know More about Basic Disability Law

You might be finding it difficult to recover from the injuries especially as it might have caused short-term or long-term disability. The uncertainty of whether you will be able to go back to work or the job will be terminated, in case the disability is permanent, can be stressing.

However, you may not be aware of the fact that when you are differently abled, there is disability law that protects your rights. As per the Workplace Safety and Insurance Act and Ontario Human Rights Code, disability includes a number of factors that ranges from personal injuries to birth defect and are categorized as physical and mental disabilities. The law includes chronic pain, back pain, epilepsy and chronic fatigue among other ailments as “non-evident disabilities” as these are not obvious but can be debilitating for the person suffering with it.

Under the Disability Law, Charter of Rights and Freedom’s Section 15 states that all individuals are considered equal. Laws and protection have to be rendered without discriminating on the basis of race, color, ethnicity, mental or physical disability, sex and age. However, the “Duty to Accommodate” comes into the picture when the implementation of rights has to be done.

Under Ontario Human Rights Code, the Section 17 deals with ‘Duty to Accommodate’. This is governed by the fact that irrespective of a government or commercial establishments needs to remove barriers, as they can be an obstacle for a disabled individual from completing their work or accessing their services. This is pertinent in offices where a disabled individual needs to complete their work without any hassles. Some of these have been listed as:

  • Having wheelchair ramps
  • Automatic doors installations
  • Flexible work hours so the individual can take adequate rest
  • Job restructuring so the disabled individual can fit into the new role without any demotion
  • Cannot fire the employee for becoming disabled.
  • Access to Braille signs, sign language translators

However, to cover the businesses from ‘undue hardships’ wherein the cost of employing a disabled individual is high and working with him/her can disrupts the workplace, is recognized by law. However, this is only considered in extreme situations because it is expected that businesses will make the changes to accommodate the changing requirements of the disabled employee.

You have the right to file a complaint with the Ontario Human Rights Tribunal, if your rights have been discriminated or violated. Your complaint will be brought through mediation and if that does not work out, a hearing is held and binding orders issues. It is important that the complaint be filed within 1 year after the discriminatory incident took place. Hiring a personal injury lawyer specializing in disability law can help you get proper justice. They understand how overwhelming a disability can be and the fear of adjusting to a new way of life. And if you face discrimination for no-fault of yours it can be debilitating for your confidence. That is why there are provincial and federal laws protecting your rights and helping you get justice.