Occupier’s Liability Act in Details

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When dealing with personal injury law, Occupier’s Liability Act is one of the most common claims that can be filed is for pain and suffering and medical reparation related to orthopedic injuries. And, quite frankly, one of the most common reasons for orthopedic injuries in Ontario are slip, trips and falls on someone else’s premises in St. Catharines. Luckily for the claimant, the legislative authority has already dealt with that by the enactment of the Occupier’s Liability Act back in 1990. This law has replaced the common law approach to the problem and it’s now a statutory system which is controlling all of the occupiers’ claims over the province of Ontario. There are various types of claims that could be filed under this particular legislative piece and it’s important to identify some key points in order to shed some light over what may seem a complicated matter.

Who can file a claim under this Act?

Literally everyone who has tripped, slipped and fallen on the premises of a third party in St. Catharines can file a claim. However, there are conditions to be met as well as some negative premises that have to be absent.  The occupier is entitled to put a sign which is capable of alerting those who pass by it that there is a potential threat of slipping. If that’s the case, you have no claim against him because the responsibility and the duty of care have been transferred to you. In any other case, you can file if the premise wasn’t properly cleared, dried, lit or basically was in a condition which could lead to falling.

Where does the Act apply?

Well, first of all, it applies over the entire territory of the province of Ontario and all the cities which fall within it. However, when broken down to smaller effect, the Act applies to all premises, both residential and commercial. You might want to discuss more with your personal injury lawyer in Toronto to get a better idea of how it can help you get higher amount of compensation.

Who does this particular Act apply to?

All sorts of occupiers are liable under the current Occupier’s Liability Act. They bear the heaviest duty of care and are dully responsible if they breach it and fail to provide safe conditions for people that either walk in or out or just pass by them. That’s quite fair. However, the legislation even goes so far in the extension of responsibility to place it over current tenant. Of course, this could be seen as both limitation and extension. The first hypothesis relates to the actual owner of the premise whose’ liability is limited by being transferred onto the tenant. The second hypothesis envelops the case in which the claimant is able to file his claim towards both of them because the Occupier’s Liability Act allows it. However, the owner has to provide a proof that he has dully transferred the duty to the tenant. Usually a simple contract would do the trick.

Restoring Financial Security to Survivors of Catastrophic Injuries

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According to personal injury law, the term “catastrophic” injury is defined as any severe injuries to the brain, spinal cord, and/or spine.  However, fractures of the skull and spine are oftentimes included in this injury category.  Injuries of this nature are oftentimes life-altering.  They can tragically hinder your quality of life dramatically and permanently by leaving you unable to earn a living.  Furthermore, you could remain in constant need of assistance and medical attention for the remainder of your life while your surviving family members are financially devastated as a result of your condition.

 

Effects of Catastrophic Injuries

 

Needless to say, the impact of a spinal cord or traumatic brain injury, as well as any other catastrophic injuries, can be emotionally and financially devastating for surviving family members.  The effects range anywhere from recoverable temporary dysfunction to long-term or permanent disability.  In some cases, catastrophic injuries are fatal.  For instance, an injury to the spinal cord or spine can permanently paralyze a person and result in paraplegia or quadriplegia. This is debilitating from all aspects of the victim’s life.

 

Additional Catastrophic Injuries

 

Although most individuals tend to think of spinal cord and traumatic brain injuries as being catastrophic, personal injury claims in Oakville, St. Catharines, and Waterloo as well as the surrounding areas may also include the following types of injuries:

 

·         burn injuries

·         head and neck injuries

·         limb amputation or loss of limb function

·         paralysis

·         permanent disfigurement and/or scarring

 

If you are a catastrophic injury victim or a surviving family member, consider discussing your needs with a personal injury lawyer.  In addition to helping your family recover from your losses, you will have a better chance at restoring your financial security.

 

Common Causes of Catastrophic Injuries

 

In most instances, catastrophic injuries are caused by another person’s carelessness, negligence, or recklessness.  Injuries of a catastrophic nature can occur suddenly, without warning, and in a number of different accidents including:

 

·         Cycling accidents

·         Medical malpractice

·         Motor vehicle accidents including cars, motorcycles, pickup trucks, SUV’s, tractor trailer rigs, and vans

·         Pedestrian accidents

·         Slip and fall accidents

·         Sports injuries

·         Violent acts involving the use of firearms

·         Work related accidents

These are some of the more common injury causing accidents that are seen in personal injury cases in St. Catharines , Oakville , or Waterloo and throughout Ontario Province.  With the help of a personal injury lawyer, you may be able to seek restitution if the injuries resulted from someone else’s careless, negligent, or reckless behavior.

 

Keep in mind that there is a prescribed time limit for filing a personal injury claim and/or lawsuit.  Having a personal injury lawyer on your side not only gives you a better chance of being compensated for you or your loved one’s injuries, he or she will ensure that your rights are protected throughout the legal process.

4 Keys to Successful Personal Injury Settlement Negotiations

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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

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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.

Detailed Interpretation of Dog Owner’s Liability Act

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Now, it is incredibly important to properly interpret the regulations set forth in the legislation when it comes to practicing law. With this in mind, it is also crucial to note that personal injury law is one of the broadest areas and it envelops a wide variety of legal provisions that are subjected to interpretation by the attorneys and by the judges. Dog bites on the other hand, are a sub division of personal injury law and they formulate a major institute within it. The reason for this is that they are incredibly common. The main law which regulates dog bites and respective and derivative responsibility in the city of St. Catharines is the Dog Owner’s Liability Act. With this being said, the following is going to take a closer look to the most important clauses and interpret them as intended.

It is important to understand that the term “owner” is the person that is in possession of a dog. If this particular person is a minor then the owner is going to be the one who is legally responsible for the actual custody of the minor. This solution is rather fair because it serves the requirements of the legislation.

Key aspects of the Act

One of the first provisions set forth in this particular act explains exactly in which cases the owner is liable. Basically the Dog Owner’s Liability Act undertakes an interesting and at the same time rather fair approach. It widens the responsibility of the owner to an extent in which he is liable for all damages which are caused by a bite. However, the interesting thing here is that the victim can be a person or another domestic animal.

A domestic animal is considered such which has been properly domesticated and it is intended to be living within a residential environment without a reach to the wild world. The direction towards the Act steers is fair because the owners are going to be required to treat the pet from the injuries that it has incurred as a result of the bite. This means that they are going to suffer a monetary loss which is directly linked to the dog bite and as such it has to be properly compensated.

The Act also sets forth provisions which clearly explain how to deal with situations in which the dog has more than one owner. Under the regulations set forth in the Act, all of the owners are going to be jointly as well as severally responsible. This is stated in article 2, paragraph 2 in the Dog Owner’s Liability Act of Toronto, under the Civil Liability section. The solution is also incredibly fair.

Does Police Negligence Constitute As Personal Injury?

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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.