During an Ontario winter, local weather reports contain mention of various elements that have become associated with bad weather. Snow gets mentioned on my days. Sometimes the meteorologist also mentions fog, wind or sleet. As winter comes to an end, the same reports may be filled with predictions for a coming rain. Read More
The laws in Ontario highlight the need for good evidence, if a bicycle rider has been hit by a motor vehicle and has chosen to file a personal injury claim. Collection of that evidence must begin at the scene of the incident. It needs to take place while other actions are being carried out. Read More
The symbols on most trucks indicate that the driver alone has not financed the movement of the truck’s cargo over the nation’s roads. Moreover, only some private contractors own their own truck. Therefore, following a truck accident, any inured victim has sound reason for asking this question: Could a trucking company be held liable for my injury? Read More
You’ve likely heard of the term whiplash before. It is one of the most common injuries suffered during a car accident, even relatively minor crashes. Whiplash can be experienced in a variety of severities, and while some cases may be relatively minor, some victims of a whiplash injury continue to suffer lifelong consequences. In the most severe cases of whiplash, sufferers experience a lifetime of pain that is debilitating, deflating quality of life and removing the ability to take care of a family – both in terms of earnings, and in everyday activity. Read More
Borrowed vehicle accidents can be an unfortunate and confusing legal situation to navigate. If you have found yourself in a situation where you loaned your car to a friend or family member who was involved in an accident, the first thing you should do is contact a personal injury lawyer in St. Catharines, who can help you understand the situation and navigate what to expect in your specific situation. Read More
Wrongful death cases are among the most tragic personal claims that are viewed in court. Most often, wrongful death cases are related to car accidents where the at-fault driver was deemed extremely negligible, careless, or impaired. In a wrongful death case, those who were impacted by the death of someone involved in an accident will launch a claim against the responsible parties, and their insurance companies. Read More
When seeking wrongful death compensation, a lawsuit can be very complicated. This is why it’s important to make sure you get the best representation possible. A lawyer trained in collecting wrongful death compensation is the best option in order to navigate this often complicated legal landscape. Read More
If the victim of an automobile accident has a pre-existing condition, the insurance company for the responsible driver might claim that the victim’s problems had been recognized by doctors even before the involved vehicles collided. Alternatively, the insurer might insist that, in light of the patient’s condition, more effort could have been exerted, in order to keep from aggravating that same condition.
Was the victim’s condition made worse by the accident?
That is the question that has to be answered. The attorney for the injured victim needs to produce evidence that can show that the answer to the above question is “yes.” If someone’s preexisting condition gets worse, following a collision, the negligent driver should be held liable for the increased amount of time and money that has to be directed at helping the injured victim.
How to prove that a given condition worsened as the result of an accident
Make it clear to those that will determine the settlement or the award the nature of the victim’s condition. What part of the victim’s body was different from that of the average person, even before the collision took place? Had that difference caused the victim to suffer pain or discomfort during the days leading up to the collision?
Produce medical records, which show that the victim was in reasonable health during the days before the accident.
Produce medical records, along with proof of medical expenses, in order to show that the victim’s existing problem got worse or produced evidence of complications during the days that followed the accident.
At what rate did the victim’s condition get worse?
That is an important question, because medical evidence shows that some conditions do worsen over time. Can it be shown that the rate at which a given victim’s condition was getting worse increased, following an accidental occurrence? If the rate of the progression does not appear to accelerate following the accident, the victim might have to deal with a decreased compensation.
What else could get worse, besides the victim’s preexisting condition?
If the injury forced the victim to undergo surgery, and that procedure aided introduction of an infection, then the victim’s overall health would have declined. If the injured victim received a treatment, such as some medication, and that triggered development of problems, then those problems would have impaired some function within the victim’s body.
This last possibility might prove quite difficult to prove. It could be that, when measured by medical experts, the affected function exhibits an exceedingly slow rate of decline. Hence, the statute of limitations would keep even the best Personal Injury Lawyer in St. Catharines from gaining the right to make the negligent person liable for that one particular problem.
Rarely does a lawyer-client relationship begin at the site of a collision. Still, a smart victim does not hesitate to seek out someone that can serve as a trustworthy legal counsel. Hence, the lawyer’s support and guidance allows the aided client to enjoy a list of most-appreciated benefits. Read More