Statute Of Limitations Regulating Slip &Fall Accident

Now, even though there are quite a few things that a claimant would typically have to be thoroughly aware of throughout the entire personal injury procedure, the time terms are especially important. This is due to the fact that if you fail to file you claims under the terms which are stipulated by the statute of limitations you wouldn’t be able to do so afterwards.

The Statute Of Limitations has the purpose of limiting excessive liability spread across significant amounts of time. With this being said, it’s very important to note that this is a crucial provision which is particularly democratic because it allows swift justice while at the same time limiting the liability that the at fault party could bear and putting the claimant in the driving seat.

Suing the municipality

Now, when it comes to the common slip & fall case, you would technically have the same amount of time which is provided by the statute of limitations. This amount of time is set to two calendar years, regardless of whether you fall on public or privately owned property. However, if you fall on property which is owned by the municipality, there is a catch. Before preceding any further, the most common case of a slip & fall accident during the winter is when a person falls on a sidewalk. Now, back to the point – if you fall on a sidewalk, you would have to give the municipality a written notice within 10 calendar days after the date of the accident. Failing to do so might obstruct you from being able to legally claim damages and that’s why you need to be careful about it. This 10 day notice is specifically designated to provide the municipality with time to react so that the latter could take the proper precautions and prevent other people from injuring themselves as well.

Now, if you have a particularly reasonable merit for the delay, failing to comply with the 10 day notice term wouldn’t prevent you from being able to sue. However, you would have to prove that the reason for your delay was out of your control. It’s also worth noting that the municipalities would usually be very stringent about this rule, especially in snowy conditions. However, it’s worth noting that sending a legal notice to the municipality is always advisable because it’s not binding. You don’t have to proceed with the lawsuit if you don’t feel like it afterwards or you feel like your injuries aren’t worth it. However, it’s going to leave the door open for legal actions if you do, in fact, change your mind afterwards. This is pretty beneficial and it wouldn’t cost you a thing.

This is one of the reasons that you need not delay contacting a personal injury lawyer but ensure that the time limits are not crossed as that will be a big loss.

Should I Hire a Personal Injury Lawyer after a Slip and Fall Accident?

Many individuals have numerous questions after they have been injured in a slip and fall accident, one of which is whether or not they should contact a personal injury lawyer.  If your injuries resulted from the negligence of a company, government agency, or person, then you should probably consider making that call.  Unlike motor vehicle accidents where the at-fault party can be identified relatively easy, slip and fall accident cases are considerably more complex.

In these types of cases, the insurer of the at-fault or negligent party is reluctant to admit that their client is liable unless they have legal representation.  If you’ve been injured in a slip and fall accident in Barrie, Orillia, or Stouffville, you’re not going to get very far without the legal representation of a personal injury lawyer.  Having legal representation not only increases your chances of winning your claim and being compensated for your injuries, it also ensures that your rights will be protected throughout the legal process.

Furthermore, a personal injury lawyer knows how to establishing and maintain open communication with the insurer.  This is essential to any personal injury case if you want to achieve a fair and reasonable settlement that both parties can agree on.  Even in the most minor of cases, a personal injury lawyer knows the factors that can negatively or positively impact the outcome of your claim as well as the settlement that is reached.  So it is always wise to contact a lawyer whenever you’ve been injured in an accident.

A key consideration in slip and fall accident cases is proof of liability.  In other words, did the defendant’s negligence cause your injuries? By proving liability, it puts your case in a better position for achieving a settlement or taking it into the courtroom.  With the help of your lawyer, you’ll have a better chance of proving negligence on the defendant’s behalf and that you sustained your injuries as a result of that negligence.  This brings up another reason to consider hiring a lawyer, namely their investigative abilities.

Barrie, Orillia, and Stouffville injury lawyers do a thorough job investigating the causes of slip and fall accidents and can determine if their findings constitute negligence.  These types of accidents happen unexpectedly without warning and injury victims often have a difficult time remember what happened prior to and after their accident.  You may well remember slipping on that wet floor or tripping on that uneven sidewalk, but did you remember seeing what caused you to slip or trip?

All of these factors can impact the way in which your personal injury lawyer handles your case and the outcome of it.  However, having all the answers and factors up front will give you a better chance of settling your case out of court. However, your lawyer will know best about proceeding with the case.

Benefits available to Fatal Accident Victim’s Families

Statistics revealed by the 2015 Transport Canada’s National Collision database show that 945 people were killed in traffic accidents while a total of 54,430 were injured across the country.  At the time those statistics were published, the estimated total cost of these accidents was approximately $11 billion.  Whether it involves a defective product, motor vehicle, or a slip and fall accident, losing a loved one can devastate a family emotionally and financially.

According to Ontario’s Family Law Act, Section 61(2), family members may be entitled to compensation when a loved one has been killed or seriously injured in an accident and can sue for damages.  The law applies to residents of Barrie, Orillia, Stouffville, and any other city in Ontario Province.  There are two avenues for filing a claim for benefits when a loved one is killed in an accident.  You can either file with your own insurance company or the insurer of the responsible party.

Unfortunately, most insurance companies are looking out for their own interests and not yours.  They will typically low-ball a settlement offer in order to keep expenses to a minimum.  On the other hand, a personal injury lawyer will have the experience and expertise to deal with the insurance companies in order to protect an injury victim’s family’s best interests.  They know how to litigate or negotiate for the best settlement possible in these situations.

Additionally, the right personal injury lawyer will serve as a buffer for the victim’s families during this difficult, emotional time.  When family members sue for damages under Ontario’s Family Law Act, they could recover:

·         Actual benefits expenses incurred for the deceased or injured individual

·         Actual reasonably incurred funeral expenses (deceased individual)

·         Compensation the individual may have been entitled to for their injuries had they survived (e.g. loss of care, companionship, and consortium)

·         Housekeeping, nursing, and other related services that the claimant incurred for the injured individual

·         Travel expense allowances that were incurred when visiting the injured person while they were undergoing medical care and recovery in a Barrie, Orillia, or Stouffville clinic or hospital

Keep in mind that death benefits were intended to help family members recover funeral expenses and loss of income as well.  Furthermore, family members could recover other expenses such as home maintenance and lawn care.  Basically, these benefits are meant to provide financial stability to the victim’s family members.

It goes without saying that this is one of the more complex areas of family law.  The process of filing for death benefits or personal injury claim can be confusing and difficult to understand.  If you have recently lost a loved one in an accident or they have been permanently disabled by their injuries, you should consult with a personal injury lawyer in Ontario, immediately to ensure your rights are protected under the Family Law Act. they will be able to handle your case to the best of their abilities.

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.