Category: Personal Injury FAQ’s

Now, fatality claims are particularly challenging and likely to be the most serious case that a lawyer in the field of personal injury is going to handle. However, there are some essentials that have to be taken into account. Right off the bat, it’s worth noting that car accidents are the most common cause of fatalities in Canada. There are different reasons that may cause an accident and some of them are definitely inevitable, as unfortunate as this might sound. However, drunk driving is also amongst the common causes for car accidents and it needs particular attention.

Drunk driving has absolutely nothing to do with an unintentional event. Remember how we mentioned that there are situations in which the accident is unavoidable? Well, for instance, poor road conditions could cause an accident and in certain situations the driver might not have been able to react. However, choosing to drink is a perfectly conscious decision, followed by another one of the kind – to drive in this state. Every person must know that he must not get behind the wheel if he’s had a few drinks as this is going to put the lives of others on the line.

However, there is a case in Canada involving Mr. Marco Muzzo who was drunk driving and get into a car crash which killed 4 people. He got 10 years in prison which was reduced to 9 years and 4 months because of the pre-sentencing time. Furthermore, he can demonstrate model behavior and get out in about 3 years. Now, does this punishment fit the crime? 4 people have been essentially killed and the one responsible for it gets 3 years of prison time and prohibition to drive for the next 12 years.

It’s clear that the justice system has quite a lot of purposes and not just to serve justice. It’s responsible to rehabilitate and reintegrate the offenders in order to make them productive and functional members of our society. But this doesn’t mean that the punishments shouldn’t be severe when they need to be. Making the conscious decision to put people’s lives in jeopardy is borderline sociopathic.

However, if you are a victim of such an accident, it is important to consult with an injury lawyer that understands all aspects of the DUI accidents. In any case, every single personal injury trial is strictly subjective. However, the intention of the law is to somehow provide authorities with uniform metrics in order to properly assess and measure the amount of compensation which is necessary to reimburse the suffering of a person or his family. There is no jail time as a punishment in civil law as the intention of the regulations is to repair the damages instead of punishing the perpetrator. This could only happen if there is a criminal claim incorporated in the civil one.

The truth is that Ontario is home to plenty of enthusiast motor vehicle riders and during this time of the year they are particularly active. However, this leads to a lot of complications deriving from the overly increased number of accidents involving a motorcycle. While there is nothing more pleasant for a bike rider to hit the road, the accidents which tend to happen often end in terrible orthopedic injuries and, unfortunately, in death. This is due to a wide range of different reasons. Right off the bat, the motorcycle provides zero external protection. This means that the only thing which is going to secure any type of protection for you is your gear and helmet. What is more, a direct impact with another vehicle is going to be considerably more damaging.

Governed by Insurance Act of Ontario

Even though the same Insurance Act of Ontario governs the accidents involving a motorcycle, the consequences are particularly different mainly because of the nature of the damages themselves. While a lot of car accidents also tend to result in particularly heavy and serious orthopedic injuries, it simply can’t be compared to those deriving from motorcycle accidents. Let’s take a look at some of the damages and the compensation that you might be entitled to claim.

Broken limbs – this is without a doubt one of the most common cases in the majority of motorcycle accidents. This is mainly because of the fairly fragile nature of our bone structure when stacked against the severity of the impact. You would be capable of claiming both pecuniary and non-pecuniary damages as they are likely to occur.

Damaged ligaments and tendons – tissue damage is also particularly common in motorcycle accidents. Even though your gear is going to provide you with a fair amount of protection which is going to suffice in small-scale accidents, if you are involved in a serious one it’s not going to be able to endure. With this in mind, ripped tendons and ligaments and other tissue is completely possible. Once again, you can claim both pecuniary and non-pecuniary damages.

Death – as we mentioned above, death is also quite common due to the severity of these accidents. With this in mind, the claimant in a case of the kind is going to be the relative of the deceased and he wouldn’t be able to claim pain and suffering as this would be highly unethical. In any case, claiming the entire amount of the medical bill as well as all other rehabilitation costs related with the treatment which has obviously failed are completely subjected to compensation. Furthermore, they would also be capable of claiming compensation for the loss of a loved one.

Oftentimes, the loss is irreplaceable due to disability or death and then the claim is much higher. However, irrespective of the severity of the injuries, it is important that you hire the expert services of an injury lawyer to represent your rights in the court of law.

You’ve just bought your new car for which you’ve spent thousands of dollars on. It’s a brand new model, straight from the dealership. However, you take it out for a spin and your break malfunctions leading to a terrible accident. It’s clearly the manufacturer’s fault but what can you do in this case? Luckily for you, this is the perfect representation of a product liability case, which is one of the most lucrative fields of expertise in the entire law. However, filing a claim of the kind requires thorough knowledge of different laws as well as a lot of experience on handling the case itself because it would commonly include a jury which you’d have to convince.

Contractual and Common Law

It’s worth noting that as per the current legislation on the territory of the province of Ontario, you can file product liability claims under two separate premises – Contractual and Common law. Filing a claim under the grounds provided to you by the Contractual law could be incredibly beneficial. The main reason for which is that you are essentially implying a breach of contract which could lead to some serious compensations. Apart from all of the injuries, you’d also be capable of getting thoroughly compensated for the vehicle itself. This is due to the fact that aside from the regular duty required by the common law, there is also an additional duty of care implied by the sales-purchase contract.

This means that the seller is legally obligated to disclose all sorts of information regarding particular defects in the object of the sale. Hidden defects, as in this case, are also grounds for compensatory claims, regardless of whether the seller knew about them or no. In the first case, the claim is going to be dully civil while in the second, depending on the particular situation it could even get to criminal prosecution. It depends upon each case.

However, the case in point which is subjected to personal injury law is a part of the civil law and there aren’t going to be any criminal charges. This is due to the fact that product liability cases seek monetary compensation and not to legally punish the perpetrator through a penalty, provided by the criminal legislation. If you have been in such a situation, it is important to contact a personal injury lawyer and ensure that you are given your due.

It’s also worth noting that unlike seeking reparations under common law provisions, doing so by claiming responsibility set forth through the contractual law, you can exceed the boundaries offered by common law. In any case, the claims which are filed for product liability are going to be extremely high, especially if they involve a fatality. The main reason for this is that they are usually targeted towards influential companies with billions of dollars in capital.

Now, as per the current legislation of the province of Ontario set forth in the Insurance Act, the victim of a car accident is entitled to compensation from his insurance company regardless of whether he’s at fault or not. This is due to the so called “No Fault” rule which is stipulated within the Rules of Fault Determination in the aforementioned Act.

Rules of Fault Determination

With this in mind, there are quite a lot of complications which might derive, and that’s why it’s highly advisable for you to go ahead and contact a personal injury lawyer immediately after you have been involved in a car accident and you have sustained some sort of injuries. You need to understand that the insurance company is going to do whatever it can in order to legally fend off your compensation claim or, at the very least, to significantly reduce amount of money you are entitled to.

Recently, the deductible which the faulty driver was entitled to was increased. Whether or not this is a fair solution is particularly debatable. First off, the amount of money which the injured is going to receive is going to be determined by factual statements such as medical bills and receipts and acknowledged and approved by the insurance company or, in the event of a trial – by the jury. A deductible of the kind suggests that the legislator doesn’t have faith in both because a provision of the kind aims to provide solid protection for the party which has actually caused the accident in the first place.

Proper documentation

In any case, in order to get your proper compensation, it is highly advisable that you store every single piece of paper that you receive in relation with your injury. Medical bills, rehabilitation contracts and even cab ride bills – all of these are capable of being claimed as long as you can prove they are in rehabilitation. It is important that you talk with your lawyer to discuss the details of the case.

Furthermore, you would strongly benefit if you have an attorney on your side throughout the entire time. This is why it’s very advisable for you to reach out to a professional and experienced personal injury lawyer and get his legal representation from the get-go. This is going to ensure that you are being properly protected throughout the entire process. Even though you might think that filling out a simple OCF-18 form for compensation might be enough, the information which you fill out is going to be used afterwards as evidence. With this in mind, the insurance company is going to use everything it could in order to get your claim dismissed because this is potentially money that it’s going to lose. That’s why you need proper protection from the beginning. That is why it is essential to discuss your requirements with a personal injury lawyer to ensure that your claim is well-represented.

There are quite a few things that you might want to take into consideration in the days after the accident as they could be quite confusing and difficult. Your life might feel as if it has been turned upside down. You are likely to be struggling in your attempts to move on and get the relevant compensation that you are going to need in order to cover the huge piling medical bills.

As difficult as it might be in this particular moment, you would have to act quickly enough if you want to get your compensation promptly after the injury. The legislation of Ontario has placed stringent time limits as well as requirements on your individual right to claim damages deriving from automobile accidents. You are going to be required to meet certain time frames in order to file your claim or you run the risk of losing your right to do so.

Right after the accident you are allowed exactly seven days to formally inform your insurance company regarding the accident. Afterwards you have to submit an accident benefits application form within 30 days after the accident. If you have your claim rejected you would be within your rights to file a civil lawsuit for the damages. The time frame that you could do so is set to two years as required and formally set forth by the statute of limitations.

If you wish to file a claim against the driver who has been found at fault, you would have to provide him with a formal written notice of intent within 120 days after the accident has happened. After this particular action, you would have two years to file your lawsuit. That gives you enough time to find the most appropriate lawyer and hire the personal injury lawyer in Ontario for your case.

Now, if you want to direct your claim towards a governmental institution or municipality, you are going to be required to submit formal written notice within 10 days of the accident. Failing to do so is going to result in a loss of your right to sue. That is why expert legal guidance and professional representation is essential. However, if objective reasons have prevented you from submitting the notice and they were out of your reach to take care of, the term would be revised. After that you would once again have the regular two years of filing your claims with the court authorities.

Now, it’s worth noting that these terms and conditions have been set forth in order to guarantee that the interests of both parties are properly protected. They are designated to stimulate the claimant of filing a case quickly and receiving his compensation in a prompt manner. Furthermore, they are also designated to protect the repugnant from unlimited and timeless responsibility which would be unacceptable.