What to do when a Defective Vehicle Product causes Your Accident

Motor vehicle accident cases in Toronto and other cities can oftentimes be confusing when trying to determine which driver is at fault.  But what if you were safely operating your vehicle and a hazardous condition arose because of a defective part or piece of equipment? And what if that defective part or piece of equipment caused you to wreck your vehicle and you or someone else was seriously injured as a result? How do you determine who is responsible for your accident?

 

It’s no secret that a defective part, piece of equipment, or vehicle in general can be very dangerous and put driver’s and/or passenger’s lives at risk.  Other questions arise such as does the vehicle’s defective operation excuse the driver’s responsibility for the accident? The answer depends on the relevancy of the circumstantial evidence of the accident and a variety of specific factors such as:

 

·         Whether the collision would’ve happened, even if there was no defect

·         Whether the defect should have been detected and identified before anyone drove the vehicle

·         Whether the defect was a vehicle shortcoming that the driver was aware of

·         Whether the driver, despite the presence of a defect, could have avoided getting into an accident

 

Regardless of the above factors, when a defective vehicle or one of its parts causes an accident, you have to determine what to do next and blame or fault must be established.

 

In defective motor vehicle product cases in Oakville, St. Catharines, or Waterloo, the auto manufacturer is typically the first entity that undergoes scrutiny.  In personal injury law, a product liability lawsuit could result, especially if someone is seriously injured or killed as a result of driving the defective vehicle.  Depending on circumstances surrounding the accident, if another person sustained injuries, you might or might not be held responsible for a portion of those injuries.  Conversely, other parties could be blamed for damages that resulted from the accident. However, you will need a good personal injury lawyer to prove liability.

 

You may have a defective product/product liability claim against the manufacturer of the vehicle, if you and your personal injury lawyer can prove that:

 

·         the design or manufacture was defective

·         the entire system or vehicle was inadequately designed

·         the manufacturer installed a component improperly

 

Additionally, you may also have a claim against the dealer who sold you the vehicle.  You would also have to prove that the defective component or system was dangerous enough to result in your accident.  Furthermore, you will also need to prove that you’ve made no significant changes that could have affected the safety of the vehicle since purchasing it.  Taking all of the above into consideration, if you’ve sustained injuries because of defective vehicle or vehicle component, you could be compensated for lost income, medical expenses, pain and suffering, and more.

4 Keys to Successful Personal Injury Settlement Negotiations

What most injury victims in Oakville, St. Catharines, and Waterloo fail to realize is that their behavior and the way they act during negotiations can have an impact on the outcome of their case.  Negotiations could proceed quickly and smoothly with a minimum of aggravation and stress while achieving a very satisfying outcome in the process.  The bottom line is that all of this depends entirely on you and how you interact with the insurance company’s claims adjuster when sitting at the negotiations table.  Here are some helpful tips for negotiating successfully.

 

Be persistent, relentless if you have to – the first rule of thumb in negotiations is to never let the adjuster stall things or sit on your personal injury claim.  If the adjuster tells you that they need to contact their manager or supervisor or will make you another settlement offer, hold them to what they told you.  In other words, if you have a specific date, include that in your confirmation letter.  If they fail to get back to you by that date, call them and demand a response – politely and professionally of course.

 

Organization is the key – whenever you have a discussion with the adjuster, make notes of everything that transpires in your conversations with them.  Whatever you or the adjuster say you will or won’t do or that something will happen as of a specified date, write them a letter of confirmation.  When you agree to provide any information, do so in prompt fashion.  No matter what you send the adjuster, keep a copy for your files.

 

Patience is a virtue – although there might have been a considerable delay in getting income records and medical documents, don’t be in too big of a hurry to settle your case.  That adjuster will test your patience by making a low settlement offer initially, so be prepared to wait for what you want before agreeing to his or her proposal.  If you hold out long enough, the adjuster will be the one who becomes impatient and wants to settle your claim, so stand your ground until your personal injury lawyer says otherwise.

 

Stay calm and push forward – if there is one thing you can say about insurance adjusters it’s that they hear stories just like yours on a daily basis.  Furthermore, they are typically overworked and underpaid.  Stay calm and don’t turn the negotiations into a battle for supremacy.  They won’t respond well if you’re abusive or get hysterical.  Simply show them that you have filed an honest claim and that you fully understand how the negotiation process works.  Let them know that you firmly believe the facts that you’ve presented.  After all, the success of your negotiations depends on you.

 

That is why it is essential to work with our experienced personal injury lawyers that have handled similar cases in the past. You can look online and review the services that we offer.

Time Period for Filing A Medical Malpractice Claim

It is important to remember that Canadian provinces have a Statute of Limitations, which signifies the time-limit for filing a lawsuit in court by the plaintiff. Usually for filing a medical malpractice claim or case under tort laws on Ontario is two years from the date of injury or healthcare negligence. In Ontario, there is a Rule of Discover ability which has been woven into the Statute Of Limitations. This means that the time starts when plaintiff ‘discovers’ the reason for the injuries and the negligence in medical care.

Most of the defendants and their insurance companies try to prove that the time period has run out when the negotiations start. The Rules of Court in Ontario gives an opportunity to allow the Court, to give judgment where there are no reasons to need a trial. As per the rule of discover  ability in Ontario, your claim is considered discover able when you, the victim came to know:

·         Damage/injury has occurred

·         The injury was due to an act of mission against whom the claim has been filed

·         A proceeding is initiated considering the injury and damage as per the negligence.

Why say NO to self-representation

Though there have been talks about the doctors representing themselves and handle the claims. it is not recommended. This is because the discussion between the patient and doctor will not remain confidential and they might have a different view of the discussion. And they can always remember that you ‘accepted liability’.

In case the doctor offers to let go of the bill and offer money, they are sure to consult a lawyer to get more money. Thus, you might need to think again before writing off the medical bills. Other than that there are instances when the patients file false medical malpractice claims when they are unable to pay the hospital bills. Thus, you do need the services of a personal injury lawyer that deals with medical malpractice. As a doctor, there may be an instance when you might have to face a medical malpractice case as a defendant. It is essential that you notify the insurance company about the potential case. Though it is not covered under insurance, but if you don’t notify the insurance company, and tell them all about the claim, you will be denied the coverage. This information is usually out of bounds for lawyers representing the plaintiff.

It is essential to work with your attorney closely. The insurance company will provide you with an experienced lawyer to ensure that you are professionally defended. Although it is on the insurance company to pay the bills of the attorney, you need to ensure that you provide him or her with all of the details of the case. And the lawyer has to treat you like a client and uphold his role in helping you get justice. If required, inform the lawyer about the medical issues and terms so that they are able to grasp all aspects of your case before they represent you.

Does Police Negligence Constitute As Personal Injury?

Personal Injury Lawyers in St. Catharines deal with a lot of cases and police negligence is definitely one of the areas. Greater Hamilton as well as South Western Ontario and other different Ontario police officers are legally entitled and obligated to enforce the law with the sole intention of benefiting the citizens. Police officers are generally paid servants of the high public and they are strictly required to perfectly abide by criteria set forth and certain high standards of proper conduct. The majority of them are generally going to perform their tasks admirably but reportedly no law enforcement entity is perfect and there are some cases of citizens which suffer from the harmful effect that police negligence may have on them and this gives merit to the right of compensation. This is exactly where a personal injury lawyer in St. Catharines would come to your aid.

On certain occasions a police officer is going to arrest someone that they have no actual right to arrest. Other cases involve the usage of excessive and highly unnecessary force in order to deal with citizens, charging someone with a crime that he or she did not in reality commit or simple failure in delivering the require protection to which the citizens as common and regular taxpayers are lawfully entitled. You can connect with an injury lawyer if something like this has happened with you or a loved one.

If you have been suffering from an injury, regardless if it’s physical or emotional one, as a result of certain police negligence, you are definitely going to be left helpless. Moreover, you might be left in a situation in which you find it hard to navigate different financial obstacles as a result of the monetary expenses in relation with the injury.

A personal injury lawyer is going to aid you as a victim of certain professional negligence. The intention is for you to regain your injured dignity and the trust you put into the law enforcement officers. Some of the main reasons for such negligent behavior on behalf of the officers may include negligent investigation procedures or different racial profiling. You might also be the victim of excessive force, a false arrest or imprisonment as well as a simple failure to protect your rights.

Personal Injury Lawyer in St. Catharines is the person to give you all the aid you need as your actions against the certain institution are going to include different compensatory claims for both physical and psychological damages, a loss of income and a broken reputation. The reflection of a false arrest in your record might be essential and it may just as well cost you some job openings as a lot of employers are going to do background checks, prior to hiring you. Make sure to fight for your rights. Hire the services of a lawyer that will be able to help you get justice.