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

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.

Objective injuries

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.

Subjective injuries

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.

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.

One of the best pieces of advice any personal injury lawyer can depart to their client is to avoid social media platforms like a plague.  While this may sound somewhat abrupt, this is advice that would be well taken.  Why? Because the use of these platforms can transform perception into reality and be the primary reason that your personal injury case does not go in your favor.  The following is a primary example of how too much social media activity can damage your case.

You’ve filed your personal injury claim because you slipped and fell in a shopping mall, injuring yourself quite seriously.  You’re in the middle of your court case and your lawyer is arguing that your injuries are preventing you from functioning normally on the job.  These mobility issues are directly attributed to your accident and your physician has diagnosed that you fractured your arm, hit your head and incurred a concussion, and twisted your ankle.

While this is going on, your sister got married and during the reception, one of your friends tagged you in a photo they took and posted it on their Facebook page.  The image depicted you attempting to dance while wearing your cast.  In reality, the photo was a joke and you were physically incapable of dancing.  Unfortunately, the insurance company and their lawyers didn’t see it that way.

For them, the perception was that you weren’t that injured and now, negotiating the settlement you are deserving of is going to be extremely difficult because of this.  It’s more than obvious that you sustained serious injuries that rendered you incapable of working.  And no doubt, you experienced considerable pain and suffering in the process.  So how does this justify not using any social media platforms?

Putting it simply, social media is today’s surveillance vehicle, especially in personal injury cases.  What most personal injury claimants do not realize is that many insurance companies and their lawyers now use social media as a form of surveillance to build a case against you and your claim.  Here is sound advice about minimizing perception issues you are involved in a personal injury claim and lawsuit.

If you cannot or are unwilling to stop using social media, then be honest 100% of the time.  If, at any time, your physical condition or health changes let your lawyer and your physician know immediately.  Check what other people see on your social media profile page and adjust your settings so that only your friends can see your posts.  The key is to avoiding displaying anything that may be inconsistent with your claim.  Finally, while social media does have many positive attributes, it doesn’t belong in a personal injury case where it can be used against the claimant.

Thus, it is better to take precautionary action and ensure that nothing gives you away. Discuss the details with the personal injury lawyer that you have hired so that they can advise you best.

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.