When to File a Claim for Your Injuries Deriving From a Motor Vehicle Accident?

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.

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.

New Rules Regulating Pedestrian Crossing Under Making Ontario Roads Safer Act

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.

Is Product Liability Covered Under Tort and Contractual Law Of Canada

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.

Types of Compensatory Damages Awarded in Personal Injury Cases

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.