Steps to take before You file a Personal Injury Claim

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.

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.

Understanding Contributory Negligence in Dog Bite Cases

Dog bite cases are particularly interesting, especially if they are held in the state of Ontario. The main reason for this is that there is a clear determination of the obligation, liability as well as the differentiation of damages associated with dog bites set forth in the separate and unique Dog Owner’s Liability Act. This piece of legislation was enacted back in 1990 on the 31st of December. It hasn’t been amended or replaced ever since. This is a clear sign for only one thing – it works. The legislative authorities have managed to successfully asses the social demands of regulations and have put all the necessary texts in one concise piece of legislation.

Now, this particular act governs quite a few things. It sets forth provision which shed a lot of light on matter such as:

  • Dog Owner’s Liability
  • Conditions under which liability can be sought after
  • Events which can trigger a potential case
  • Pitbull bans
  • Contributory Negligence

There are also some general articles in the Act which give concise explanation of certain terminology which are mandatory for all parties involved in a process of this kind. However, the most interesting thing associated with the act that also deserves tons of attention is the institute of contributory negligence.

Right off the bat, it’s important to point out that the Dog Owner’s Liability Act sets forth an incredibly wide spectrum of responsibility on behalf of the dog owner. He doesn’t have to be present at the time of the accident nor does he have to be aware of it. He is going to be held accountable either way. There are no exceptions to this rule but one – contributory negligence. As the name suggests, this is an event in which the victim of the attack is also liable because he has contributed in some way. That is why if you have had a part to play in the attack by the dog, it is good to discuss it with your lawyer in advance.

Interestingly enough, this is the only thing that may limit the responsibility of the owner. If a person, who’s been attacked and injured by a dog, has in some way irritated the dog and thus caused the attack, the victim’s compensation is going to be reduced accordingly. However, contributory negligence also suggests that if the victim has failed to take action in regard with the treatment of his injuries under premises which he’s responsible for, the dog owner can’t be held responsible for them. Any complication which can be pinned on the failure to take action on behalf of the victim won’t affect the accountability and liability of the dog owner, who’s animal caused the initial injury. The solution is fair because the alternative is a state of endless liability which can’t be tolerated neither by the law or by the social demand for regulation.

Looking At Orthopedic Injuries In Details From A Legal Point Of View

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.