Car accidents in Ontario are unfortunately rather common. So far, they are the most common type of accidents which cause personal injuries. As such, they deserve a very special approach and place in the legislation. However, there are quite a lot of different things which may lead to car accidents. And while some are going to provide the driver with a chance to seek reparations, others are going to put him under the stand. Driving under the influence, for instance, belongs to the latter type. This is something that you need to take into account. Read More
Now, the winter is steadily going away and as such, the temperatures start to rise. This is something particularly great as people will start coming out again. Of course, having a reputation of a biker city, Ontario is well known for the tremendous amount of fired up motor-bikers. As soon as the sun starts to shine high in the sky the streets and roads of the province get filled with motorcycles. Of course, this is something very convenient as it allows easy commute and other benefits. However, it’s also dangerous. Read More
So, you are walking your dog idly in the park when another dog suddenly attacks it. Your pet didn’t do anything to trigger the attack and the entire thing happened out of the blue, without any warnings or preliminary signs. The dog that attacked your own managed to cause significant injuries to your beloved pet before his owner got there. Sure, the person apologized but your animal is left with significant injuries. You take it to the vet immediately, only to find out that you have to spend $500 in specialized treatment. Additionally, you are obviously stressed out and particularly scared out of what happened because the other dog was vicious and angry. What can you do? Is there something that the law has to help you with? Or should you just swallow the negative emotions and be done with it? Read More
There are two possible answers here. The first one is rather quick – it’s because they utterly disrupt the faith we have in the medical institution- that’s taking care of the patient. The hospital or any other healthcare providing facility is designated and supposed to provide unquestionable and care to the extent of the highest industry standards. That’s what the patient relies on and when he doesn’t get it – the issues intensify tenfold. Read More
You or your loved one has been hit by a negligent driver. The latter was texting and failed to take the necessary steps in order to prevent the accident. As a result he was charged and later on convicted of his distracted driving conduct as well as for his carelessness as it is regulated by the Highway Traffic Act. Read More
There are quite a few different ways that an accident can result in. As unfortunate as it may be, long term disabilities as well as critical illnesses are most definitely a possibility. These are both part of the so called “living policies” which are significantly different from death benefits or any kind of life insurance policies. This is due to the fact that the one who is insured is actually still alive. He is the direct beneficiary and he is able to recover the benefits under the agreement. Read More
Now, something that a lot of pet owners fail to understand is that they are liable for the damages that their pets do. Regardless of whether their dog attacked a human or it broke something which belonged to a third party, they have to be held accountable for it. And, that’s quite logical, now, isn’t it? The dog itself doesn’t understand the terms of responsibility and it’s quite normal for his owner to be responsible for it. In fact, there is a similar institute in the Contractual Law of Canada which governs responsibility for the conduct of third parties. Basically if you empower someone with your own responsibilities and he causes damage to someone or something – you are liable for them. However, let’s stay on point. Read More
As soon as the summer kicks in and we start to approach the hot months, it’s safe to say that people in Ontario hop on their bikes and motorcycles and turn this into the preferred method of transportation. And, quite frankly, you can’t really blame them – the open air is definitely persuasive. However, the more people get on the road, the more accidents start to happen and that’s most definitely unfortunate. That’s why this blog intends to familiarize bikers with the things they need to be aware of.
Now, the first thing that you need to know is that if you have decided to ride your bike, you should have proper insurance. This is determined and duly laid out in the Highway Traffic Act as well as in the Compulsory Automobile Insurance Act. It doesn’t matter that you aren’t in a car – your bike should have coverage as well. If you aren’t abiding by this then you are just asking for trouble. It’s also worth noting that getting the compensation in cases of accidents can be daunting, even if you have the right insurance, let alone if you don’t. However, if you have a reliable injury lawyer on your side, things will get much easier.
Helmets – that’s right – you should wear those
How many times have you seen a biker without a helmet? Okay, it’s true that motorcycle riders are almost always equipped with the helmet but the same goes for those who ride a bike. Not only that, the law specifically says that the helmet itself needs to be tightly and securely fastened under your chin.
Sure, it may not seem fair but it is what it is. You will definitely feel the importance of the helmet in case something happens, which we thoroughly hope it won’t. Now, the truth is that you need to follow helmet safety instructions because they are prerequisite for compensation. Of course, the court isn’t going to deny you compensation because you failed to equip your helmet, but that’s something that could play against you.
Safety of Passengers
One of the things that you need to consider, especially as a motorcycle rider, is that you aren’t allowed to carry passengers less than sixteen years of age. This applies unless the passenger has a helmet which is in full compliance with the regulations and he has a chin strap that’s put in place conveniently. With all this in mind, these are just some of the things that you should take into account. Keep in mind that failing to comply with all these is going to get you a fine – that’s for sure.
And in case, you or a loved one has been injured in a motorcycle accident, it is important to consult a qualified and licensed personal injury lawyer. They will be able to guide you about the best way to seek and win compensation.
Catastrophic injury claims are particularly devastating in Kitchener. From the perspective of an injury lawyer, this is the most difficult type of case that they deal with. The ring to the word catastrophic itself is determining when it comes to it. However, when it comes to the law, this term has a specific meaning, as it is defined in the Insurance Act which is in full force in Ontario.
With this in mind, if you are subjected to compensation for catastrophic damages under the act, you will be eligible for an amount which is greater than the usual. Of course, this sounds a bit abstract, so let’s go ahead and take a more particular and precise look:
1. $1,000,000 in medical as well as thorough rehabilitative benefits – under the Minor Injury Guideline you would be only entitled to $50,000.
2. Up to $1,000,000 in care benefits for attendants, instead of the inconsiderable $36,000 under the aforementioned guidelines.
3. Furthermore, you can claim up to $100/week for housekeeping as well $250/week for a caregiver as well as $50 more for each dependent. Guess how much the guidelines specified above allow for this? Zero!
As you can see, the difference is more than just significant. If your accident is characterized as a “catastrophic” then you would be able to claim a substantial amount of money. However, how to understand whether that’s the case or not? Well, the law is precise.
In order for your accident to be classified as catastrophic, a licensed and practicing doctor has to submit a form OCF-19. This is the shorter name for the Application for Determination of Catastrophic Impairment. There are quite a lot of different criteria which have to be met under the 4th Edition of the AMA Guidelines.
However, one thing that you should consider is that this is a complex and difficult process mainly because the specifications are particularly challenging. A lot of doctors do not feel comfortable filling out the OCF-19 because they are unfamiliar with the language to a certain extend. Furthermore, it is also worth noting that in order to fill it out, the patient needs to have undergone significant and particularly comprehensive medical and more precisely – orthopedic examination.
The best thing that you could do is to go ahead and have an injury lawyer, as well as doctor on your side for this one. It might be an investment, but refer to the numbers outlined above to see whether or not it’s worth it. This form could be the reason for half a million dollars on top of your compensation.
This is precisely, why it is important to hire an injury lawyer to represent your case instead of trying to do it on your own. Most people lose out on the much needed compensation because they decide to represent themselves. Don’t make that mistake but hire a good lawyer.
Unfortunately, wrongful death cases are rather common. They are regarded from two different prospective – from the criminal and personal injury standpoints. There are dramatic differences which need to be carefully laid out. For instance, the only intention of the plaintiff in the civil lawsuit of filing for wrongful death is to get compensation for damages that he had incurred. On the other hand, when the topic at hand is a criminal suit, the intention of the prosecution is to legally punish the victim and put him into a rehabilitation facility which is supposedly going to enable him to do better.
The historical standpoint
Wrongful death claims have undergone a considerable change for the past two centuries. Prior to the 19th century the only one who could claim personal injury damages was the victim himself. Therefore, when the victim, or the potential plaintiff, had died, his relatives weren’t able to claim damages on his behalf. This is obviously inappropriate and it has been therefore changed.
Now, in order to spread the light over the potential confusion – this doesn’t necessarily mean that the person isn’t going to go to jail. In fact, the criminal charges would still be absolutely intact and the person would face the full force of the law. The only thing that was different lies within the fact that the relatives weren’t entitled to compensation.
The modernistic approach
Currently, there isn’t a trace of this particular approach in the legislation of Canada. What is more, the Family Act of Ontario provides clear and legal regulations as to who is capable of filing a wrongful death lawsuit and the damages which are claimable. With this in mind, those who are able to file a claim for wrongful death are:
· The spouse
· Immediate family members
· Distant members of the family (grandparents and siblings)
· Parents of a fetus that’s deceased
· Domestic partners
· People who were directly dependent financially on the decedent
As you can see, the circle of people who are entitled to file a lawsuit is rather wide. This is only logical and legislatively defined. However, it is best to let the lawyer guide you through the process.
The truth is that filing a wrongful death claim is particularly challenging and overwhelming. Not only are your decisions clouded by the emotion that you have to go through because of the loss of a loved one, but there are numerous procedures that have to be dealt with. This is why you need to make sure that you have a reliable personal injury lawyer who is going to handle the entire thing as quickly as possible. The last thing you’d want is to drag this through time and be reminded of the loss on a regular basis. That is why it is better to hire the legal services of an experienced and let them handle the case and claim to put a closure for your loss.