What Is the“No Fault” Rule In Automobile Accidents?

Like it or not, accidents happen. Unfortunately, when it comes to car accidents the results are most commonly incredibly severe. The truth is that they often tend to end in grave mutilations, serious orthopedic injuries and in some cases, even in death. However, this is why the regulations which govern this particular field of the law are so stringent and they offer little to no room for maneuvering on behalf of those involved in the accident. In any case, the province of Ontario is without a doubt one of the leaders in car accidents in Canada and the reasons for this remain unknown. Following the legislation in situations of the kind is crucial for the proper development of the events.

The “No fault” insurance policy means that the insurance company is always going to have to pay your benefits under the policy that you’ve agreed upon regardless of whether you are the driver who was responsible for the accident in the first place. While the lawful regulations which govern car accidents might be incredibly stringent, this particular provision could be considered rather lenient as it liberates the driver partially from the responsibility that he has to carry as a result of his action. However, on the other hand, he is dully paying for this insurance as he is obligated to do so by state laws.

There is one differentiation that has to be made in this particular event. The “no fault” automobile insurance system in the province of Ontario is only going to apply to bodily injuries and it’s not going to cover any kinds of property damage and if such had occurred you are going to have to pay them yourself.

However, the “no fault” system poses a lot of different benefits for both the injured and the one who caused the accident. The latter could direct his claim straight towards the insurance company and he’s going to know that if something happens he would have a claim towards a prosperous debtor who’s going to have money to pay him off. This is not always the case if you have directed your claims towards a regular person because the latter might not have sufficient funds to pay off the damages.

Now, it’s also worth noting that this doesn’t necessarily mean that fault isn’t assigned at all. The insurance company is going to conduct their own research in order to determine which one of the vehicles involved in the car accident was at fault. This is going to have a deep impact on your down-payments for your insurance as you have officially become a risk driver in the eyes of the insurance company and you’d have to provide a better insurance. However, it is essential to have an experienced lawyer in Toronto in your corner so that the insurance company’s legal team cannot lowball you.

Are there Alternatives to Suing in Court?

There are two well-known alternatives to starting a lawsuit when two parties want to settle a disagreement or other sorts of legal arguments: arbitration and mediation. The procedures are completely different but they are combined by the same idea – avoiding trial. Of course, you can, and as a matter of fact, it’s highly advisable that you hire an attorney to represent you and to protect your legal rights, especially if the opposite party has already done so in advance.

Mediation

This is the procedure under which both parties have the same goal and they are looking forward to achieving it – they want to reach an agreement. This means that there isn’t going to be any kind of outside ruling and that the agreement is going to be reached through negotiations and mutual compromises. Mediation is the dull process in which an outside mediator is going to try and facilitate the discussion without having a say in the final decision. All of the agreements and conclusions which are reached are going to originate from the arguing parties in the first place. Mediation is a procedure which is incredibly beneficial and it might turn out to be amongst the best options if both parties are willing to negotiate a way out of the argument. However only a personal injury lawyer in Kitchener can do it.

It’s worth noting that this is the far less expensive procedure as opposed to traditional litigation because there are no legal fees and you are only going to have to pay the outside and independent mediator for his services of facilitating the entire process.

Understanding the terms under arbitration

Arbitration, on the other hand, is the process where both parties are going to come to an agreement with arbitration. There is an arbitrator involved who is going to be making the final decision. This is much like the judge’s ruling as an outside party is going to be settling the case. In fact, the similarities are far too many so it’s worth pointing out that arbitration is a lot less expensive and much faster than the regular trial procedure.

This is the main reason for which a lot of agreements are going to include the arbitration clause – the parties are obligated under the agreement to seek to resolve the argument through arbitration instead of taking the case to court.

There is a lot of merit to both solutions but it is worth finding out which one would work better in the particular situation. If the parties aren’t inclined to reaching a mutually beneficial agreement they should certainly overlook mediation and go straight for arbitration. Of course, if they are willing to compromise and want to reach the final decision on their own, without relying and depending on a third party – the solution would be mediation.

However, it is essential that if you intend to opt for mediation or arbitration before filing a case, consult a personal injury lawyer in Toronto.

Various Acts Covering Orthopedic Injuries

Orthopedic injuries are incredibly common as they occur as a result of almost any accident which is regulated by the personal injury law. In any case, there are various acts such as the Contractual law, Medical normative legislation, Dog Owner’s Liability Act, Occupier’s Liability Act amongst many other Governmental as well as Provincial legislation which sets forth responsibility for causing an orthopedic injury. However, it’s also incredibly important to stress out that orthopedic injuries are usually the cause of different disabilities which are entitled to a different form of prolonged compensation. In some cases, the victims are even going to get disability benefits in the form of a pension, provided that the disability is very long term and there are no foreseeable chances of quick recovery.

Compensations for long term disabilities caused by orthopedic injuries require thorough compliance with a variety of different legal and other procedures. You are going to have to prove the event of the injury in order to seek the compensation. After all, your claim has to be directed towards the at-fault party. At the same time, you are going to have to prove that your particular injury has resulted from the particular accident which occurred. This is the so called causality link and if it’s missing or it’s somehow broken your case is going to lose its merit. After this you are going to have to link the injury with the long term disability. This is done through a medical expertise which determines that the injury is capable and in fact has caused the disability. Only then will you be able to physically claim your benefits and compensations. And your personal injury lawyer in Kitchener plays an important role in ensuring that the

In any case, orthopedic injuries in Kitchener or even in Milton pose great threat. The labor legislation in Ontario even goes so far to define liability for orthopedic injuries sustained by the workers on the workplaces while in working hours as owed by the employer. This is incredibly protective but the main intention behind this particular legislation is fully justified – the employer is considered to be far more economically stable and secure than the employee and thus he should be responsible if something happens to the latter.

Orthopedic injuries can also arise from car accidents, all sorts of motor vehicle accidents, pedestrian accidents, slip and fall, dog bites and many more. This is due to the fact that every broken ligament and bone or dislocated joint is going to be considered to be an orthopedic injury. However, it’s also important to understand that filing for compensatory claims in this particular regard would require the claimant to comply with a specifically designated medical procedure which sets forth whether or not there is an actually sustained injury and how sever the consequences are. Consulting with a personal injury lawyer in Kitchener can help you get more clarity on your case and how much compensation you become eligible for.

Product Liability Cases and the Grounds for the Claims

You’ve just bought your new car for which you’ve spent thousands of dollars on. It’s a brand new model, straight from the dealership. However, you take it out for a spin and your break malfunctions leading to a terrible accident. It’s clearly the manufacturer’s fault but what can you do in this case? Luckily for you, this is the perfect representation of a product liability case, which is one of the most lucrative fields of expertise in the entire law. However, filing a claim of the kind requires thorough knowledge of different laws as well as a lot of experience on handling the case itself because it would commonly include a jury which you’d have to convince.

It’s worth noting that as per the current legislation on the territory of the province of Ontario, you can file product liability claims under two separate premises – Contractual and Common law.

Filing a claim in Milton under the grounds provided to you by the Contractual law could be incredibly beneficial. The main reason for which is that you are essentially implying a breach of contract which could lead to some serious compensations. Apart from all of the injuries, you’d also be capable of getting thoroughly compensated for the vehicle itself. This is due to the fact that aside from the regular duty required by the common law, there is also an additional duty of care implied by the sales-purchase contract.

Disclose about the defect

This means that the seller is legally obligated to disclose all sorts of information regarding particular defects in the object of the sale. Hidden defects, as in this case, are also grounds for compensatory claims, regardless of whether the seller knew about them or no. In the first case, the claim is going to be dully civil while in the second, depending on the particular situation it could even get to criminal prosecution. However, the case in point which is subjected to personal injury law is a part of the civil law and there aren’t going to be any criminal charges. This is due to the fact that product liability cases seek monetary compensation and not to legally punish the perpetrator through a penalty, provided by the criminal legislation.

It’s also worth noting that unlike seeking reparations under common law provisions, doing so by claiming responsibility set forth through the contractual law, you can exceed the boundaries offered by common law. In any case, the claims which are filed for product liability are going to be extremely high, especially if they involve a fatality. The main reason for this is that they are usually targeted towards influential companies with billions of dollars in capital.

To know more about how you become eligible for a compensation claim under these laws, it is essential to talk with an experienced personal injury lawyer in Milton and get a better perspective.

Laws Behind Redressal For Dog Bites

Surprisingly enough, a lot of people don’t seem to lay a lot of attention on the matter surrounding dog bites and the liability of their owners. The main reason for this is that dogs are overly thought of as domestic and loyal pets that are anything but dangerous. However, this is not always the case. Some animals become incredibly vicious for a variety of different reasons and they are capable of inflicting truly terrible damages to people or other domestic animals. The shock of an attack by a dog can also cause severe psychological problems.

In fact, recent surveys held in Ontario show that people who have been bitten by a dog never really get over it and are uncomfortable a lot animals throughout their entire life. This is quite a burden to bear, given the involvement of animals in our everyday life. However, the law holds the liability for this kind of accidents incredibly strict. It’s clearly set forth within the Dog Owner’s Liability Act which has been in force since its enactment back in 1990 on the 31st of December. Interestingly enough, the law hasn’t been amended ever since which means that the legislators have succeeded in their task to satisfy the social requirements.

In any case, the liability under the Act is described as Strict Liability. This is basically the most severe type because it doesn’t require actual presence. As per the regulations set forth by the Common Law, strict liability can be defined as the legal obligation that one would have to repair the damages caused by him or his belongings regardless of his culpability. The culpability, on the other hand, is an institute which extends or shortens the liability as per the moral standards which the current situation dictates. In any case, the Dog Owner’s Liability Act disregards culpability which means that the owner would be liable regardless of whether or not he wanted the accident to happen or he had no idea of its occurrence.

At the same time, the liability is rather extensive. This is mainly due to the fact that the injuries, both emotional and physical, can be incredibly damaging for the victim. With this in mind, the legislation extends the amount of liability and holds the owner accountable even in the case in which he wasn’t present to the accident. The only chance of him to get a reduction is in the case of the so-called contributory negligence. In this scenario, the victim is also in partial fault because he had some sort of contribution to the occurrence of the harmful accident e.g. the dog bite. In any case, this has to be undoubtedly proven in order for the jury to reduce the liability. That is why contacting a reputed and experienced lawyer is important. They will assist you to get maximum compensation for dog bites or mauling that has left you with injuries.

How To Handle Yourself After A Car Accident In Ontario

Being involved in a car accident on the highway can be one of the most horrible things that could ever happen to you. The event is incredibly traumatic, it often ends in terrible injuries of all kinds and sometimes even in death. In any case, you should consider pursuing your legal rights, provided you are on the side of the law in Lindsay. If you aren’t, then you have to think about a great defense strategy.

In any case, you should be thoroughly aware of the fact that the country of Canada is divided in different provinces, each of which is authorized to issue legislative acts which are separate and can differ from the ones enacted by the Canadian government. The state of Ontario, however, doesn’t have a lot of legislative differences when compared to the Governmental law. However, there are a few things that you ought to know if you’ve been involved in a car accident on the highway as it is covered under the Highway Traffic Act or the Criminal Code, if there has been dangerous driving. The penalties and jail sentence are some of the punishments if convicted.

You must make sure to get the relevant and legal information if you’ve sustained some sort of injury. This is intended to help you later on when you file your injury claims. You have to comply with all the legal procedures in case. You have to remain at the site of the accident. However, if someone is hurt, you have the absolute legal obligation to help them. This doesn’t mean that you should provide them with medical assistance – you simply have to call the emergency number and get the ambulance or the police going.

Make sure to get the other vehicle’s license plate as well as the information regarding the driver. This is rather simplified because you are legally obligated to do so. If there is someone who’s injured, the police is generally going to come at the scene but if there isn’t you’d likely be redirected towards the Accident Reporting Center.

You also have to notify your insurers. But before you do so, it’s highly advisable that you contact a lawyer so that he could provide you with actual information that you could rely on and not get manipulated by the insurance company. In any case, after you open the report of the accident you have to file your claims in a timely manner. Once this is done, the insurance company will start looking into it. This is why you should be really well aware of your rights so that you get all that is rightfully yours. The insurance company is going to be provided with the right to inspect your vehicle in order to determine the amount of damages that has to be paid. In any case, the procedure isn’t overly complicated but it’s time consuming and requires knowledge of the respective regulations. Depending on a professional Lindsay lawyer is your best bet.

What You Should Know Regarding Traumatic Brain Injuries

Some personal injury claims and lawsuits oftentimes involve victims who’ve sustained a traumatic brain injury (TBI) from an accident that was caused by another person.  A TBI can be an extremely catastrophic and complex industry and is characterized by a wide range of disabilities and symptoms.  In most cases where the accident resulted from another person’s carelessness, negligence, or recklessness, it is very important that the injury victim and their families consult with an experienced personal injury lawyer in Milton.

What exactly is a Traumatic Brain Injury?

Oftentimes referred to as a TBI, a traumatic brain injury like other catastrophic injuries is an acute event in Kitchener.  However, that is where any similarities end.  Needless to say, this type of injury is life-changing and can leave families emotionally and financially devastated.  In many aspects, the consequences of a TBI can impact everything about a person’s life including their personality.  While broken bones temporarily limit the use of that area of the body, traumatic brain injuries do not heal in similar fashion.

The Consequences

Recovery from a TBI is functional in nature as it is based on the uncertainty of certain mechanisms.  Obviously, no two TBI’s are alike so the consequences for one person could vary considerably for another.  In some cases, the symptoms become readily apparent while in others it could be days, weeks, or even months before they manifest themselves.  Another consequence of traumatic brain injuries is that the victim rarely realizes that they have sustained such an injury. Conversely in other situations, the victim might go into a coma.

Common Causes of TBI’s

While the causes of traumatic brain injuries are diverse at best, the primary causes are firearms, motor vehicle, and slip and fall accidents.  Furthermore, the person may be susceptible to a spinal cord injury as well.  The primary mechanisms associated with traumatic brain injuries include:

      • Chemical or toxic exposure
      • Closed head injuries
      • Deceleration injuries
      • Hypoxia (insufficient amount of oxygen reaching the brain)
      • Infections
      • Open head injuries
      • Stroke
      • Tumors

Possible Effects of a TBI

TBI’s are typically classified as mild, moderate, or severe.  In any event the need for an experienced injury lawyer of Milton and his or her legal team should not be overlooked.  While there are a number of symptoms to contend with when a person has a traumatic brain injury, they are usually categorized as:

  • behavioral/emotional
  • cognitive
  • perceptual
  • physical

 

You can learn more about these different categories of TBI symptoms by visiting the Web MD website.

Traumatic brain injuries can physically and psychologically disable an individual and financially devastate their families in the process.  If you or a loved one has sustained a TBI, it is important that you retain an experienced personal injury lawyer in Milton and their legal team to represent your case.  Furthermore, this is the only way to ensure that you are awarded fair and reasonable compensation and that your rights are protected.

Types of Spinal Cord Injuries in Personal Injury Lawsuits

Accidents are a common occurrence throughout the Greater Toronto area, including smaller communities like Milton.  So when a personal sustains a catastrophic spinal cord injury, people oftentimes rely on the experience and expertise of a personal injury lawyer team to ensure they are compensated fairly and reasonably.  In many cases involving spinal cord injuries, the physical damage that the victim sustains can vary considerably.  However, one thing is certain.  Their family could be financially devastated without the help of a personal injury lawyer.

Different Types of Spinal Cord Injuries

There are two types of spinal cord injuries that become the focal point of many personal injury claims and lawsuits – “complete” and “incomplete” spinal cord injuries.  It goes without saying that these types of injuries can have devastating, life-changing effects on the victim.  The emotional and financial impact that is attributed to these types of injuries can be overwhelming, not to mention how taxing the care and treatment of the injured individual can be.  Suffice it to say, adjusting to these circumstances could require extensive rehabilitation, ongoing medical care, and psychological counseling. Some people never get back on the feet again due to the intensity of the injuries that have rendered them confined to the wheelchair for life.

Complete Spinal Cord Injuries

You commonly see complete paraplegia or tetraplegia result in the most severe spinal cord injuries.  While some paraplegics are able to get around with assistive equipment, others require the support of a self-propelled wheelchair.  Complete paraplegia is characterized by the loss of function and sensation in the bladder, bowel, legs, and reproductive region while their arms and hands still function in normal fashion.

With tetraplegia, the individual loses arm and hand function as well as the other areas of the body mentioned in the prior paragraph.  In the more severe cases, the individual requires a ventilator so they can breathe.  Depending on what part of the body that was injured, they may have the ability to use their arms and hands.

Incomplete Spinal Cord Injuries

These are far more common than complete spinal cord injuries and there is usually some degree of movement and sensation below the injured area.  Once the initial shock to the spine has subsided, the extent of the injury can be determined.  However, it could take up to 2 months before this is possible.  Additionally, the individual may experience some feeling but little if any movement or some movement but little if any feeling.

The Need for a Personal Injury Lawyer

No matter whether it is a complete or incomplete spinal cord injury, the need for an experienced personal injury lawyer in Milton and their legal support staff cannot be overstated.  If you or a loved one has sustained such an injury, a spinal cord injury lawyer can help you and your loved one get fair and reasonable compensation and ensure that your rights are protected.

How has Attendant Care been affected by recent SABS Revisions?

Revisions to the Statutory Accident Benefits Schedule that went into effect on the 1st of June, 2016 will change the way in which auto insurance covers attendant care.  This benefit will be eliminated for accident victims if their injuries are not classified as being catastrophic.  For these individuals, the most significant change is financial as these were paid from a fund that was separated from those that covered medical expenses and rehabilitative care.

As of the date these revisions went into effect, they will all be paid from the same fund.  Currently, the maximum benefit amount stands at $36,000 in cases where an individual has sustained non-catastrophic injuries.  Once these revisions go into effect, the funding will be reduced.  Consequently, the attendant care benefit limit will be shared with the medical and rehabilitative care benefit limit.  Essentially, attendant care will now be in direct competition with other types of therapy.  Consequently, those individuals in these circumstances could benefit from retaining a personal injury lawyer team in Lindsay.

So what does this mean? Basically, this places an added burden on a case system where individuals who have sustained non-catastrophic injuries will run out of attendant coverage despite their injuries being serious enough to warrant surgery or other care.  For those injuries that are classified as catastrophic, those benefits along with the aforementioned ones will create considerable problems for individuals who have not sustained catastrophic injuries. This can be worrisome situation for many invalids.

The attendant care benefit is currently $1 million but as of June 1st, it will be sharing that benefit with medical and rehabilitative care.  Given the severity of catastrophic injuries, attendant care is going to take a back seat to surgical procedures and other therapies.  It goes without saying that $1 million will not cover attendant care for rest of your life if you have suffered catastrophic injuries and need ongoing medical attention.  So how can it possibly cover that ongoing medical and rehabilitative care as well?

Ironically at first glance, it appeared that the extension of time (from 2 years to 5) that was allowed for collecting attendant benefits was very positive in and of itself.  But the maximum limit amount did not increase in corresponding fashion.  Statistics already had shown how attendant care benefits were running out for patients who had sustained non-catastrophic injuries.  So the question that personal injury lawyer teams in Lindsay were asking was “how did increasing the time limit benefit these injury victims?”

The bottom line is that these SABS revisions are going to cause additional problems for injury victims who need these attendant care benefits.  Furthermore, doctors and other healthcare providers will be hard-pressed to provide higher-quality medical care when there aren’t enough funds to pay for it.

If you have been injured and require legal assistance, it helps to work with experienced lawyers that have handled similar cases before.

Do you need a Pedestrian Accident Injury Lawyer?

In January, 2016, the Provincial Government implemented the Making Ontario’s Roads Safer Act in an effort to reduce the total number of collisions that occurred along with those that resulted in injuries and fatalities.  Suffice it to say, thousands of pedestrians sustain serious injuries every year at the hands of impaired or negligent motorists.  The injuries that result from these types of accidents can range from broken bones and soft tissue damage to catastrophic spinal cord and traumatic brain injuries.

Pedestrian accidents can occur just about anywhere including crosswalks, driveways, intersections, parking lots, and roadways.  When lighting conditions are poor or the weather turns nasty, the frequency with which pedestrian accidents occur increases significantly.  Needless to say, a significant number of these accidents result in very serious or catastrophic injuries, long-term or permanent disabilities, and fatalities.  When this happens, the families of the victims have a right to seek compensation by retaining a personal injury lawyer in Kitchener and their legal staff.

Common Injuries and Compensation for Them

When a pedestrian is struck by an impaired or negligent motorist, you typically see a variety of injuries including broken bones (fractures), concussions, head and neck trauma, internal bleeding, and more.  In these types of personal injury cases, the victim or their families may be entitled to compensation that pays for:

  • attendant care
  • emotional distress
  • hospital bills and medical expenses
  • loss of earning capacity
  • lost wages (past and future)
  • pain and suffering
  • physical therapy
  • prescription medications
  • rehabilitative therapy

While these types of injuries are oftentimes life-changing and leave the victim physically disabled, it can cause their families to be financially devastated as well.  Sometimes it’s a simple matter of drivers not seeing pedestrians while in other cases, they are driving in such a way that the pedestrian is subjected to considerable harm.

The Pursuit of Your Personal Injury Claim

If you were recently injured when crossing the street or when walking on any of the other venues mentioned in the second paragraph above, the general rule of thumb is that the person who hit you has to prove that they were not driving negligently.  However, if you are found at fault for your injuries, you are legally entitled to accident benefits that would pay for your loss of income, medical treatment, and rehabilitative therapy.  However, you may still need to retain a personal injury lawyer of Kitchener in order to be compensated for your injuries and ensure your rights are protected.

In cases involving pedestrian accidents, some personal injury lawyers offer FREE initial consultation and can usually determine whether or not you have a valid claim,  if they operate on a contingency basis as most of them do, you will only have to pay for their services if you win your case. However, there are petty expenses that are charged separately. You might want to discuss it with your lawyers when you hire them.