Category: Personal Injury FAQ’s

Did you know that the most oft accident cases included pedestrians and cyclists? However, to ensure their safety, as of the 1st of January 2016, drivers as well as bicyclists have to stop and yield the whole road way at crosswalks and school crossings, if a crossing guard is holding a stop sign. The new regulations are part of the Making Ontario Roads Safer Act. The new regulations pertain to pedestrian crossing and they set forth provision of identifying them with special and specific road markers, lights as well as signs. However, the new rules won’t apply to pedestrian crosswalks which are located at intersections that already have stop or traffic signals unless there is a crossing guard who is currently present.

What the new regulations provide is that the cyclist or the driver has to proceed only after the crossing pedestrian as well as the school crossing guards have already stepped safely on the sidewalk. This particular regulation was set forth in order to make the road conditions safer for pedestrians, children and school crossing guards as these particular members of society are considered to be the most vulnerable and therefore susceptible to pedestrian accidents. The law is a thorough response to a request and recommendation that was made from a lot of municipalities and safety organizations.

In order to provide the law with a sanction, the drivers who fail to abide by the newly set regulations are going to be thoroughly fined between $150 and $500 and are going to get three demerit points on their license. The fines are going to be doubled in the Community Safety Zones which are duly marked as well as near public areas and school areas.

Every driver is being thoroughly encouraged to look around for crossing pedestrians, especially when they are making a tern. The laws are a result and reaction to the disturbing Road Safety Annual Reports of Ontario which stated that about 19% of all of the road fatalities involve pedestrians. They are the most susceptible and vulnerable participants in the traffic and with this in mind they have to be provided with the necessary legal protection.

What is more, pedestrian accidents are going to impact the victim as well as their families and that’s why the seriousness of this matter is tremendous. Furthermore, if you’ve been involved in an accident of the kind, it’s highly recommended that you seek out the assistance of a personal injury lawyer. The claims have to be filed accordingly and in a swift and prompt manner in order to ensure that you get your compensation rewarded as soon as possible so that you could meet your pending medical and other hospital bills. In any case, professional assistance is definitely recommended. You can ask your family or friends for referrals or search for an injury lawyer online.

The topic regarding product liability is one that’s discussed broadly in the legal circles. The reason for this is because it’s regulated by both the rules and principles of the Common law and yet it finds a significant application in the Contractual law and in personal injury. That’s why it’s important to identify a few key details and see how they relate to this particular field.

It is important to be aware of the fact that product liability is mainly governed by the rules which are dully set forth by the principles and norms of the Contractual law of Canada. There are a lot of things that have to be taken into consideration but to make matters simpler it’s enough to say that every contract should contain product liability sections which are to set forth clear responsibility and liability in case of defects. However, when it comes to identifying the defects and the consequences that come as result of them, the things get a bit more complicated. First of all, there are a few different types of defects that might cause a product to be faulty. Some of them might be apparent and visible while others might be hidden and hard to note on the first sight. With this in mind, the legislative authority has set forth provisions which are suitable for both of the situations and are going to provide clear and concise regulations in both cases.

However, it’s also worth noting that the Common law also poses a great deal of regulatory provisions when it comes to product liability. Every buyer is entitled to demand a refund in case of a defective product and is entitled to seek out monetary compensation for the damages that were caused by the same. Of course, not every defective product is going to cause damages and not every time would you need to pursue the matters in the courtroom. In fact, the majority of manufacturers are going to be covered by specific insurance policies which are governing this particular situation and the insurance company is going to dully compensate you for your troubles.

Of course, there are situations in which the manufacturer or the retailer is going to claim innocence and that he has nothing to do with the accident or malfunctioning of the product. If that’s the case, you are left with no other choice but to seek reparations throughout a civil lawsuit and this is where you might want to use the services of a personal injury lawyer. The cases are rather complex and hard to deal with and you would usually be up against a team of highly skilled and experienced professionals so ensuring your own legal protection is of utter importance. Thus, it is best not to try and represent your interests in the court of law but hire a team of experienced product liability lawyers that understand all aspects of the injury law.

If you’ve recently sustained injuries in a defective product, motor vehicle, or slip and fall accident and you are considering filing a personal injury lawsuit, you may want to hire a lawyer to help you determine what your case is worth.  The value of these types of cases is based on “damages” or what the financial, physical, and psychological costs of your injuries have been as well as any estimated costs in the future.  In some cases, it may include punishing the defendant’s behavior.

Although the plaintiff may not recover fully and regain their original physical condition, a personal injury lawyer can ensure that your situation will not be hopeless.  With the right legal representation in, Orillia, Stouffville or Barrie, you could be entitled to compensatory damages.  The following 3 types of compensatory damages are commonly awarded in a wide range of personal injury lawsuit settlements:

Lost income – if you are unable to return to work because of your injuries, you could be compensated for the income you’ve lost as well as what you would be earning while you are still recovering from your injuries.  In cases where an injury victim is compensated for the loss of future income this is usually referred to as the “loss of earning capacity.”  Once it is shown that the injured party has lost and will continue to lose income, then you and your personal injury lawyer can pursue compensation for this.

Medical expenses – most injuries will require medical care and treatment to some extent.  If so, you could be entitled to compensation for all expenses that you have incurred up to this point and any that occur in the future.  This could include a number of expenses including costs for:

·         medical consultations

·         prescription medications

·         time spent in clinics, hospitals, or other medical facilities

·         other medically-related expenses during recovery such as attendant care, occupational therapy, and physical therapy

If you can prove that your injuries will continue being an issue in the future and there will be additional expenses as a result, then you may also be entitled to compensation for these expenses.  Calculation of these expenses will be based on the documents and receipts that you produce as evidence for your case.  This applies to any future medical expenses that may arise.

Pain and suffering – you could be entitled to compensation for your pain and suffering provided that you meet the legal requirements mandated by law.  This covers a wide range of damages but typically includes:

·         deformities, disfigurement, or scarring

·         emotional, physical, and psychological disabilities

·         impairment of your ability to perform your job

·         loss of companionship or consortium

·         loss of enjoyment of life

Compensation for pain and suffering is typically classified as a “non-economic” loss and is categorized under “general damages” in personal injury claims and lawsuits in Barrie, Orillia, and Stouffville which are handled by experienced personal injury lawyers in Ontario.

It’s an unfortunate fact of life, but people get injured every day in the cities of Barrie, Orillia, and Stouffville.  While some individuals are lucky enough to walk away with only minor injuries, others are not so fortunate.  For these individuals, their injuries can be catastrophic and sometimes fatal.  They could also be suffering psychological injury as well as physical injury.  Worst of all, families can be left financially devastated whenever the primary wage earner is temporarily or permanently unable to work.

So what do you do after the accident has occurred? Depending on your circumstances, there may be a number of legal issues that need your attention and require the services of an experienced personal injury lawyer.  Whether your injuries are attributed to a car accident, defective product, or slip and fall accident, you may be entitled to damages and will need to file a personal injury claim.  Here are a few suggestions to consider:

Step #1:  Naturally, the first thing you should do is seek medical attention – depending on the severity of your injuries, you may or may not be taken to the ER at the nearest Barrie, Orillia, or Stouffville hospital.  A physician or healthcare professional will need to examine you and treat the injuries you’ve sustained.  It goes without saying that your health is the #1 priority, but it also makes good sense from a legal standpoint.

Your physician or healthcare professional will be able to document their findings such as the type of injuries you’ve sustained, how you were injured, the prescribed course of treatment, and how long it should take you to recover.  It is extremely important that you take this step immediately after your accident.  Otherwise, the insurance company will have a difficult time believing you were injured and will probably deny your claim.

Step #2:  Learn what you can about personal injury law – a little research of the legal process involved with establishing a claim can go a long way when it comes to personal injury cases that are similar to yours.  Personal injury is a very complex area of the law and the rules that apply to accident cases will sometimes vary, depending on the laws that apply in Barrie, Orillia, and Stouffville.  So it’s best to get an idea of what to expect and explore your options.

Step #3:  Hire a personal injury lawyer to represent you and your case – once you have completed both steps above, it’s time to hire a lawyer.  You can’t just hire any lawyer.  You need to find a personal injury lawyer in Barrie that specializes in your type of case in order to ensure the best possible outcome.  In addition to negotiating a settlement, your lawyer will ensure that your rights to compensation are protected.

You can get the referrals from your friends or family or can search online to get the contact details of the lawyers.

From a legal standpoint, orthopedic injuries are particularly in focus. They are governed in a wide array of statutes and constitute a major institute of the injuries which are subjected to compensation as per the Canadian legislation. With this in mind, it’s important to stress out that the provincial laws of Ontario aren’t that different than those officially issued and enacted by the Government and there aren’t a lot of complications arising with regard to that matter. This is important because if there is a contradiction between a provincial and governmental law the former would be overruled and wouldn’t be taken into consideration. In any case, orthopedic injuries are related to the majority of accidents in Orillia governed by personal injury law and this is the main reason for which they are a hot topic of discussion.

Orthopedic injuries included in current legislation

It’s important to note that the Common Law has numerous provisions which stipulate the liability in case of an orthopedic injury. However, it is more important to stress on particular accidents which could lead to these kinds of injuries. Slip and fall, for instance, is one of the most common issues in personal injury law and it almost always results in some sort of orthopedic injury. Now, it’s crucial to understand that any injury which involves a broken or sore bone as well as stretched muscle tissues and anything of the kind is going to be constituted as an orthopedic injury. This is why they are particularly interesting. They appear in almost every single accident. The Occupier’s Liability Act enacted back in 1990, on the 31st of December sets forth clear provisions which obligate the owner of the premise to compensate the injured person in case of such accident.

Intense Medical Attention and Possible Emotional Trauma

This is another reason for which orthopedic injuries are incredibly scrutinized from the prospective of the law. They are usually associated with a lot of physical pain and require immediate as well as intense medical attention. If an event is classified as an accident there are certain benefits that the victim is going to be able to obtain. However, there are conditions that have to be met. For instance, the amount of the benefit is going to depend on the severity of the accident. There are also a lot of different tests which are going to determine the type of benefit that you are eligible for.

The Catastrophic Impairment also has to be taken into account as it leaves possibilities for increased amount as well as enhanced types of available benefits. In any case, there are a lot of procedures to be undergone and followed strictly if you are to get what is rightfully yours.  However, it helps to have an experienced lawyer dealing with tort laws or personal injury cases to accentuate the injuries and damages that require compensation.