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.

Understanding the Significance Of Spinal Cord Injuries

Even though brain injuries seem to be a lot more common, spinal cord injuries on their part are incredibly traumatic and severe. The city of Barrie abides by the provisions set forth in the state of Ontario, under which spinal cord injuries derivative from accidents are entitled to compensation. This is only fair because recovery is incredibly hard and sometime even impossible. The consequences of spinal cord injuries are grave and ominous and there is a high chance that the person is going to experience pain and suffering to some extend for the rest of his life. This also means that the lawsuits of this particular kind are often accompanied by huge claims for non-pecuniary damages, which is only logical.

Why spinal injuries call for higher compensation?

However, in order to be able to file for an injury of this kind in the city of Barrie, it’s important to be aware of the specifics. Spinal cord injuries would usually happen when the spine is actually damaged. This could be caused by a fracture or by a dislocation. These particular injuries are especially harmful because the spine is the body part which controls especially important functions of your body such as the movement and walking. This is why people who suffer from these kinds of injuries are often required to adhere to a variety of different adjustments to their lifestyle.

Family Act of Canada

Another direct consequence from spinal cord injuries which is incredibly relevant to the area of personal injury law is the lost working ability. This is due to the fact that the injury has rendered the victim unable to provide the same amount of workforce. This of course leads to a reduced payment which causes a direct loss of income. Interestingly enough, the Family Act of Canada empowers family members to file for loss of income, as it is considered a pecuniary damage. The solution is once again fair. The reason for this is that the person who suffered the injury might have been the one who was mainly providing for his family. Now that he is unable to work, the family members are also affected which gives them the right to file for compensation. The amount of it should be the difference between the received income prior to and after the accident or the cause for the injury.

All in all, spinal cord injuries are incredibly important to the subject of personal injury. This also means that they have to be properly understood. This is related with a lot of in-depth and sound knowledge of the particular matter and it requires the understanding of complex medical terminology. This is why lawyers in Barrie tend to spend a long time understanding different medical statements and expertise. This makes it equally more important to hire the lawyers that specialize in such cases.

Questions To Ask Before You Hire A Personal Injury Lawyer

Barrie is a relatively small town located in the province of Ontario. However, it has a population of approximately 200,000 people which means that there is a wide choice of attorneys. This means that you would have to be able to identify the ones which are going to be properly capable of completing the task that you have at hand. The personal injury area is incredibly demanding and you should definitely consider a lot of things prior to hiring your lawyer. These questions are designated to help you through this overwhelming process.

Ask a list of potential expenses.

Of course, this is the most important thing that you should demand from your injury lawyer in the city of Barrie. This is what most people are concerned about and they very well should be. The expenses are generally based on the amount of the compensation that you are going after but there are a lot of variables. Different attorneys are going to charge you a different amount of money so make sure that you are well aware of the concrete sum in advance so that you can plan accordingly.

Ask which the potential problems that you can face are.

This is another crucial thing that would let you know whether or not your attorney is worth it. First of all, every single case poses some issues. Even if the particular situation seems to be clear enough, chances are that there are going to be issues. You need someone who is objectively willing to let you know what to expect instead of giving you blind faith that the process is going to go smoothly without any obstacles.

Ask if he has experience with insurance companies and settlement talks.

Most of the personal injury cases are about negotiation. In fact, about 90% of the cases never even reach the court room. This is due to the fact that they are settled prior to this. The most obvious reason is because the defending party wishes to avoid legal fees and possible bad publicity, depending on the case. In any way, settling is definitely what you should be aiming for because it offers a lot less of a risk. This is why you attorney should be well versed and experienced in negotiating.

At the same time personal injury cases are almost always about insurance. It doesn’t matter if we are talking about medical or social or even professional insurance, in most of the cases there is going to be an insurance company involved in the matter. This is why you want your attorney to be well pr/epared for handling a legal battle against professional insurers.

That is why it is important to work with a team of experienced lawyers that have successfully resulted in maximizing the compensation for their clients.

Difference between Traumatic and Non-Traumatic Brain injury

First of all, it’s important to outline how the law system in Canada works. The country is divided amongst different provinces and just like the state system in the United States of America, provinces in Canada can pass different legislative initiatives which would take precedence over the governmental ones. The city of Stouffville is located in the province of Ontario, which means that the legislation of Ontario is dominant in the town. Luckily, the majority of the laws in Ontario do not differ from the ones set forth by the government.

One of the most important aspects, which have a lot of debate to it is the traumatic brain injury. The reason for this is because these types of injuries are quite common in the field of personal injury. However, it’s incredibly important to make a proper differentiation between traumatic and non traumatic brain injuries because this would have a direct reflection on the ruling of the court. In order for an injury to be considered as traumatic, the cause had to be direct. The most common example is an accident in which the victim suffered a blow to the head and as a result got some sort of brain damage. This is incredibly common especially in accidents such as vehicular incidents, slip and fall and many more.

Non-traumatic brain injury

However, a non-traumatic brain injury is considered to be brought about as a result of something else. The most common cause is a disorder such as a disease or an infection and even a tumor. Some of the injuries are listed come under Anoxic Injury which occurs due to low oxygen supply to the brain. This is further divided as:

  • Anoxic Anoxia (starvation of oxygen in the brain)
  • Anaemic Anoxia (lack of oxygen in the blood)
  • Toxic Anoxia (toxins prevent flow of oxygen in brain)
  • Hypoxic Injury (brain cells die due to no oxygen supply)

When establishing the amount of the payable compensation this has an immense importance. In order to sentence a ruling, the judge has to make sure that the damages which are being sought after are strictly derivative from the accident. If a person is filing for a traumatic brain injury he must prove that the said injury was caused by the accident. This is where it gets interesting. The other party can appeal and fight that claim by proving that the injury is not traumatic.

This means that the defending party is claiming that the injury already existed when the accident happened and thus damages can’t be sought. The solution is fair and protective. This is due to the fact that no one should be held liable for something that he didn’t cause. This is also a main principle of personal injury law, judges and lawyers in Stouffville are well aware of it. Non traumatic brain injuries are not irrelevant but they have little significance to the area of personal injury law as opposed to traumatic brain injuries. They are not subjected to compensation unless the accident caused the disorder leading to a brain injury.

Difference between Civil and Criminal Liability

This is one of the fundamental topics when it comes to personal injury law. The reason for which is that it serves to navigate the major principle in this respective subject matter – the compensatory principle. However, the debate has a huge impact on personal injury law in the city of Orillia, which is part of the Ontario province. As per statutory regulations, the province can issue its’ own provisions which would take precedence over the ones of the government, provided they are not contradicting. This is done so that there is more particular and precise legal control over the different provinces. The idea is that if the legislator is closer to the problem, the latter would be properly solved. The solution is very fair and it is obviously working because some of the acts haven’t been amended since their consolidation which is the sign of stability and continuity.

Compensate the victim

However, the major principle in personal injury law is that it aims to compensate the victim as opposed to punishing the perpetrator. This is incredibly important because it is the main and most important differentiation between personal injury and criminal cases. The former are going to be mainly about ruling a sentence in which the award fully compensates the victim for his sufferings. On the other hand criminal cases actually seek physical legal punishment of the perpetrator, who is called a criminal. Perpetrators in personal injury law are not criminals because their doings are not crimes. It’s as simple as that. In order for a certain action to be classified as a crime it has to be breaching certain laws and to cause public threat. This is the fundamental difference between negligence and criminal behavior.

Negligent behavior on the other hand is also a breach of legal provisions but it’s only causing personal damages to a third party. This is why the intention behind personal injury cases is to compensate that third party for the sufferings that he had to go through. The solution is rather fair because there needs to be a clear differentiation between those two major institutes of the law.

This negligent behavior and the responsibility that comes with it is also referred to as civil liability and it is a basic and fundamental term in the field of personal injury law in Ontario and therefore in Orillia. However, it is possible for a certain negligent behavior to turn to a crime. In cases like this the personal injury lawsuit is going to be transformed into a criminal case and sent over to the respective authorities, which is the criminal court. The case is led by the prosecution, while the personal injury case is led by the victim. Hiring the right personal injury lawyer can ensure you maximum compensation, ensuring that you case is handled by professionals.