It is quite likely that one of the first questions that anyone involved in an accident would be regarding the worth of his claim. Most of the people are well aware of the fact that they can allegedly claim damages but they don’t know how much their claim is worth. Read More
The truth is that the province of Ontario is known for being one of the provinces in the country with the most bike-riding aficionados. This is something important and it needs to be taken into consideration as it’s also one of the provinces with the most accidents of this type. Unfortunately, motorcycle riding also comes with quite a lot of risks and the injuries are usually a lot more considerable and serious in comparison to car accidents. Read More
If you sustained injuries when you used a product or you suffered damages as a result, you should talk with a personal injury lawyer in St. Catharines, who specializes in product liability cases and determine if it warrants filing a claim. Product liability cases are oftentimes complex and most cases fall under one of several categories. By understanding them, this will help you and your lawyer determine whether your claim is valid and whether or not you are entitled to compensation for your injuries and damages. Read More
Another type of claim filed by personal injury lawyers are for clients who have sustained their injuries in slip or trip and fall accidents. These are extremely common during the Ontario winter when ice and snow have accumulated on city driveways, parking lots, sidewalks, and streets. However, these accidents are not exclusive to that time of year and can occur in a number of locations such as at home, in public buildings, in stores, or in the workplace. Read More
Product liability is a significant field of personal injury law and it’s definitely one of the challenging areas to claim compensation in. Regardless of whether you settle the case outside of the court or you pursuit a ruling after a jury trial, there are damages which are accepted. They include: Read More
Car accidents are the most common cause for personal injuries in the province of Ontario. The truth is that this is the most common type of vehicular accident and that’s rather logical. However, it’s also important to understand that there is a complex chain of legal responsibilities which is unlocked after such an accident. The one who’s been injured is legally entitled to an according amount of compensation under the right circumstances. However, before you receive the actual money, there are a whole lot of different things that need to be taken into account. There are certain actions that you need to take as a plaintiff in order to trigger the right results. Read More
Pedestrian accidents have become increasingly common in the different cities and province of Ontario and that’s why the Ministry of Transportation has effectively introduced a lot of changes and new implementations in the Making Ontario Roads Safer Act. The previous texts in the law included severe charges for people who are texting and driving at the same time, amongst other improper and behaviors that impair driving skills and disrupt concentration while on the road.
Now, as of the 1st of January, 2016, the fines are also including a new rule – it requires drivers to stay put while the pedestrians cross the street. This is particularly mandatory for specially marked zones and the drivers are required to stay put until the passenger has fully passed onto the other side of the street bank. It’s also worth noting that the Ministry of Transportation has obliged the drivers to take extra caution at crossovers around schools which have a crossing guard with a sign with him.
Failing to comply with these rules is going to result in a financial fine ranging between $150 and $500 as well as three additional demerit points. At the same time, these amounts are going to be doubled if the rules are breached within a community safety zone which are clearly marked and are generally found near the schools and many other public areas.
In any case, the legislative organ is definitely on the right track. Pedestrian accidents are an increasing phenomenon and action must be taken to be reduce it. The legislation of Ontario in this particular regard doesn’t offer something special and the pedestrian is left with the choice of a direct lawsuit towards the driver, should he be involved in a pedestrian accident. In any case, filing the claim is pretty straightforward, such as the entire trial procedure itself. However, the claim might be quite extensive and for a lot of money. This is due to the fact that the pedestrian accident might have led to some severe injuries, both physical and emotional. This is why claims of the kind shouldn’t be taken lightly.
It’s also worth noting that the claimant bears the obligation to prove that the injuries have resulted from the accident and there is a present causality link between them. This might not always be that easy so cautious should be exercised. In any case, an event of the kind could be quite traumatic and it could lead to some horrible orthopedic injuries and in some situations the accident could even be fatal. Victims are entitled to claim for incurred financial loss, loss of income, loss of earning ability, pain and suffering and basically everything else you can think of.
If you have been injured as a pedestrian, you are covered under Ontario tort laws and can seek redressal for your injuries. However, it is essential that you have an able and experienced lawyer to help you with the processes.
Have you ever wondered how does an insurer, a jury or a judge manage to assess the pain level of a plaintiff? If it’s not visible on the MRI scan, how can the court really know how much pain the claimant feels? Furthermore, what is to stop someone to make a claim that he’s thoroughly disabled by lying to the Court and to his doctor as well? How can you be sure that someone is telling the truth when he attests to his pain levels?
These are all particularly cogent and reasonable questions. However, whether you believe it or not, the way personal injury claims as well as long term disability claims work in Canada make it rather hard for someone to actually fake it.
To start with, you would have to be able to distinguish objective and subjective injuries. The former is an injury which is going to have some sort of visual representation on your body. A broken bone, a wound and any other sorts of physical injuries that you can think of – all of these are objective injuries. All of them are going to show up on the x-ray or MRI and even if they are not visible for the naked eye like a hematoma of the brain, for instance, their nature does not change.
However,subjective injuries are those which would not be visible on scans, MRIs, x-rays and so forth. They can’t be perceived by the human’s eye. Some injuries could show up after a battery of consequential psychological examinations. Common examples include depression, fatigue, memory loss, anxiety, loss of concentration and chronic pain. These are never going to appear on any x-ray and they can’t be physically perceived.
This is the main reason for which the jury and the judge is going to require actual, physical evidence that you are suffering from them. Remember those subjective conditions that we just mentioned? Guess what – they are determined through a series of tests. The judge is going to require those tests in order to make an informed conclusion. What is more, the court is capable of requiring an expert to attest to the condition of the claimant.
So, if are still under the illusion that you can actually fake chronic pain, for instance, you can’t be farther away from the truth. Not only is that impossible, but it’s also going to be costly and potentially illegal. However, keep in mind that if you are going through a subjective injury of the kind and you want to claim it, your say-so is definitely not going to be enough. You have to have the materials to back it up in court through solid evidence.
It is best to hire a good lawyer that can substantiate your claims with the assistance of medical and health care professionals. Faking anything does not work as there is a battery of tests and pain management specialists that can differentiate between a real and fake claim.
The truth is that there is quite a lot of legal regulation which is dedicated to car accidents and the results that stem from it. And this is definitely a good thing. Especially if we take into account the frequency with which these accidents tend to happen as well as the harmful consequences which usually derive from them. With this in mind, let’s take a look at the Insurance Act of Ontario – a piece of legislation which governs how the insurance is paid out and in under which circumstances.
Insurance Act of Ontario
The Insurance Act of Ontario is a comprehensive and cogent piece of legislation which poses strict provisions that have to be abided by when it comes to claiming compensation as well as when it has to be repaid. You see, in a car accident case there are always going to be at least two parties – the claimant, who is usually the victim of the accident who had to incur the damages and the liable party or, in most situations, the insurance company. We say in most situations because unless it’s specifically mentioned in the Insurance Act, the rules of Fault Determination are going to kick in and activate one very important clause.
This clause is commonly referred to as the “No Fault” rule and it’s laid out in the aforementioned act. With this in mind, the rule basically stipulates that regardless of who’s at fault, the compensation is going to be paid out by the insurance company. Of course, there are exemptions. For instance, if the driver who caused the accident was under the influence, he’s going to lose his privileges that derive from this rule.
However, if there are no exemption conditions and the victim wants to get compensated, he should be seeking it out of the insurance company. The process is particularly challenging as these companies are going to do whatever they can to reduce your compensation and delay it in time as that’s how they report their profits.
In any case, you should keep into account that just because there is a “No Fault” rule in motion, this doesn’t mean that fault is not going to be assigned. The investigation is carried by the insurance company and it’s going to assign fault accordingly. This is done so that the premiums could be adjusted properly based on the involvement of the insured party in the accident and the fault that he has for its occurrence in the first place. This is due to the fact that you are going to have an elevated risk factor and as such are going to be subjected to higher premiums. That is how insurance companies operate and that’s what you’d have to take into account.
This is one of the major reasons that you need a good lawyer in your corner to assist you through the negotiations or trial.
Most of us are familiar with the old adage “time is money.” However, it goes far beyond that in personal injury lawsuits. Regardless of the type of accident you’ve experienced and the severity of the injuries you’ve sustained, there are certain deadlines or time limits under tort law within which you are able to file your lawsuit. Barring any special circumstances, once that time limit has expired, you can no longer sue. In most cases, the time limit in a personal injury claim is 2 years. Thus, it is best to contact a personal injury lawyer at the earliest to ensure that your rights are well-represented.
According to Ontario Provincial Statute 2002, c. 24, Sched. B, s. 4., “…a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.” Given the fact that they have up to 2 years to file a lawsuit, many injury victims oftentimes wonder why there is an urgent need to contact a personal injury lawyer as soon as possible. The fact is that there is much more that needs to be considered than timing and the Statute of Limitations.
4 Factors that play a key Role in Personal Injury Lawsuits
While the Statute of Limitations is an important factor to consider in any personal injury claim and/or lawsuit, there are 4 other factors that must be considered as well as ones that can play a significant role in the overall scheme of things. These include:
· Enlisting the services of a personal injury lawyer as soon after your accident as possible ensures that your rights will be protect and that you receive the maximum compensation or Statutory Accident Benefits that you are entitled to.
· Personal injury law is an extremely complex field and it is extremely difficult for injury victims to navigate through the legal process, especially when they are overwhelmed by what they have experienced.
· Personal injury lawyers can ensure that potential claims are properly documented and followed (probably the most critical factor).
· Waiting until you have almost reached the Statute of Limitations for your case to contact a personal injury lawyer instead of doing so as soon as you are able could discount your credibility as well as the credibility of your case.
Where the last point above is concerned, credibility also refers to how you’ve been living your life while you delayed filing any sooner. Most importantly, if you’ve been unable to work because of your injuries, make sure you have proper medical documentation to verify your claim.
Naturally, there are exceptions to the Statute of Limitations such as being a minor at the time of your accident or being psychologically unable to file your claim. If you have any questions regarding this or any of the above, you should speak with an experienced personal injury lawyer.