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.

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.

Know What To Do After A Construction Site Accident

One of the most risky workplaces is a construction site. The danger of getting injured is high at multi-floor under constructed buildings as you might pass under it and get hit by a falling brick or cement bag. If you are somewhere up on the scaffolding, the chances of falling from a height is always there or you might just slip. Thus, if safety precautions are not adhered to, personal injuries abound. And that is when the personal injury lawyer needs to step in. However, if you do suffer with an injury, then calling on the assistance of a personal injury lawyer is a must. They will help you with filing the compensation claim with the Workers Safety Insurance Board (WSIB). To ensure that you get the compensation you deserve, there are some things that you need to do after the unfortunate accident has occurred.

Things to know about the construction site

  • Know about the owner of the construction site. To determine liability, the interaction between your employer and the construction site owner needs to be clarified.
  • Did the property owner interfere with the safety at the construction site or put limitations that compromised with the safety leading to injury.
  • Has negligence of your employer led the injuries?
  • Are there sub-contractors working from different companies at the site? Have they compromised with safety?

As most of the sub-contractors are brought in from different companies, not all of them have the same level of safety standards to adhere to. If they are one of the reasons of your injuries, they are partially liable for the personal injuries you sustained.

What to do when you are injured

  • The first thing that you need to do is seek medical care for the sustained injuries. Make sure that all injuries, treatment and medical costs are documented properly.
  • Notify your supervisor and report the accident. It is essential that you adhere to the Occupational Health and Safety guidelines as per your employer’s policies.
  • It is important to document the circumstances and location of the accident. This will include the condition of safety equipment, type of safety devices used, state of the site where construction is going on.
  • If safety equipment has manufacturing defects, the manufacturer is liable for part liability in the personal injury case.
  • Keep contact information of witnesses because when the case is filed and legal action is needed, witness testimony will play a part in defining liability.
  • Preserve any evidence of equipment failure if that was the reason of the accident

Additionally, it is important to file a claim as quickly as you can. Most of the claims are rejected because they were filed much after the accident and crucial evidence is lost. It is important to document your injuries, recovery and treatment apart from tracking the medical care and cost incurred. When you hire a personal injury attorney in Ontario, provide all of this information so they are able to work and draft a solid case.

All You Need to Know About Long-Term Disability Claims

There are many instances when you are left injured and disabled, without employment after an accident. To help you through this difficult time, plenty of insurance companies offer benefits of long-term disability which are a part of the employment benefit package.To ensure that you need to fulfill the eligibility criteria of ‘total disability’ before you can be compensated for the claim. This means that you are unable to fulfill the regular duties and go to work because of the injuries and illness. However, it does not mean you are incapacitated completely but it signifies that you need to rest and recover to lead a better quality life. This includes any employment even something that you can do.

The insurance company will conduct a complete examination apart from looking at the previous medical documents and reports to ensure that you do meet the total disability criterion. If the examination indicates that you are disabled for years or months, you will qualify for long term disability claims. You need to know that this claim benefit is different WSIB insurance that covers injuries and accidents.The disability claim ensures that you get a part of the wages till you return to work. Disability insurance ensures that it covers all illness and injury that prevents you from working, irrespective of when the accident occurred. As employment insurance covers your expenses in the first 119 days and the long term disability takes on from the 120th day.

Additionally there are many people that get access to benefits of short-term disability to tide over the period before the long term benefits start.  This lasts till the individual is 65 years, but it is not necessary. Most of the recipients get evaluated every 2 years while the criterion of ‘total disability’ changes over the years.

Reasons to deny claim

There are number of reasons for a long term disability claim to be denied. These can lead to court cases and disputes. These are:

  • Lack of evidence of disability: This ensures that the insurance company was not able to measure and diagnose the level of disability. As pain is not objective but subjective, it becomes a ground for such disputes.
  • Lack of restrictive injury: This limits your ability to work and the insurance company assesses that your illness/disability does not have total disability. This can lead to error by the insurance company does not understand the nuances of your job.
  • If you are not disabled: If the insurance company does not consider your disability as total, your claim will be rejected. Surveillance by insurance company can be an important reason to prevent fraud. It is important that personal injury lawyer, is consulted before the appeal process begins.

Most claims come under the purview of Statute Of Limitations which is two years from the time of disability or accident that led to the current health conditions. It is better to hire the services of an experienced lawyer before you file the disability lawsuit.

Filing For the Right Damages

Personal injury law is versatile and broad. That’s a fact. The reason for this is because it encompasses a large variety of possible causes that could lead to a case of that particular category. At the same time the cases themselves pose a great interest because there are different ways that they could develop into. Right of the bad, it’s important to understand that every province in the country of Canada is capable of coming up with its own particular legislative provisions which are going to be applied on its territory. This is particularly interesting but it’s also important to note that these provisions can’t contradict to the governmental statutes. However, this suggests that the city of Kitchener is going to be governed by the rules set forth by the province of Ontario.

Filing a compensatory claim for damages suffered in an accident is definitely not something that should be taken lightly. You can claim both physical and emotional damages as the law doesn’t make a difference between them when it comes to having merit for a case. However, the amount of compensation which is to be expected is greatly different. While there are currently no limits to your claim when you are seeking compensation for your pecuniary damages, a ruling of the Supreme Court of Canada issued back in 2004 makes it pretty clear that non pecuniary damages can be as much as $300,000. This means that you should fir your claim somewhere in the range between $1 and $300,000. However, if your claim is for more money than this, the court must reduce it accordingly.

Types of damages

Pecuniary damages can be based on documents. In fact, that’s the only way to prove that they have actually incurred. You should keep your medical bills, apothecary receipts and basically every single piece of document which states that you have made expenses in relation with your damages and their recovery. These are the only pieces of documents which you could use to prove that you have actually made those expenses.

Non-pecuniary damages on the other hand can’t be based on particular documentation. These are the so called pain and suffering and it should be based on things which are quite different from documents. For instance, the most common way to prove non-pecuniary damages is to call up a specialist to the stand who is then going to testify that the patients’ condition is indeed worse. The judge has to take these testimonials into consideration and come up with a discretional ruling every single case individually. Non pecuniary damages are incredibly important and they should be taken with the greatest care. Proving them is definitely not easy and a lot of effort should be made in this regard. Working with a good lawyer should be the first step to seek justice.

Know More About Statute Of Limitations In Injury Cases

Personal injury law is an incredibly vast area which envelops a lot of possible causes that could lead a case to be put into this particular category. This is because it involves characteristic behavior of a person which has to be negligent and it has to cause other people injuries. As a result, the injured has the legal right to claim compensation through a claim and the court. The claim should be addressed towards the perpetrator and it should demand a certain monetary compensation for the damages that he had to incur. Of course, it’s really not as simple as it may sound.

The claim has to be properly addressed. The city of Kitchener is within the boundaries of the state of Ontario in Canada, which means that the provincial law is going to take precedence over the governmental laws. As per the procedural regulations set forth in the regional legislation, the claim should be filed in the court on the territory of the city in which the accident has happened. Unlike Contractual and Common law, where the competent court is going to be the one located where the current residency of the defendant lies.

Other important things to be considered when dealing with personal injury claims are preclusive terms. These are such terms which are stipulated within the lawful regulations which demand that a certain legal action is taken in a certain period of time, pre-determined by the law and stipulated in a statute or an act. This is a fair solution and even though there aren’t many preclusive terms, they truly bring a lot of advantages because they help to move the whole procedure a lot faster.

However, the most important act is called the Statute of Limitations and the terms stipulated by it, are preclusive. This means that the right is going to be precluded once the term within which it had to be exercised passes. However, the court is not obligated to follow preclusive terms and in order for it to take effect the opposing party should make an objection and expressly state that the term has passed.

The different injuries derive from different accidents and the laws that govern and regulate them are also various. For instance all kinds of dog attacks and bites which have led to a certain injury of a third party or another domestic animal are regulated by the Dog Owners’ Liability act which puts the responsibility of the owner within certain limits. Another example for an act governing a large part of personal injury cases is the Occupiers’ Liability act which governs accidents related with slip and fall mishaps which are probably one of the most common reasons for compensatory claims in the city of Kitchener.

Are personal injury claims different from insurance claims?

Even though it may seem like there are a lot of causes for personal injury claims in the city of Milton, and in reality – there really are, it is important to set them aside from insurance claims which are something completely different. There are three important legal premises which are set forth in the Common Law of the country of Canada and as such are enforceable on its territory and in every state, despite of the provincial laws. In order for a case to be considered as a personal injury material the incident must include negligent behavior, damages and a causality link.

Obviously the most important thing of them all, are the damages because they would be subjected to compensation. Ergo, if there are no damages the claim won’t have merit because there won’t be anything to seek compensation for. However, the damages discussed can be either physical, emotional or both. Even though the law differentiates them as pecuniary and non-pecuniary, in reality the general differentiation is based upon the fact whether or not there are visually comprehended by third parties. Physical damages are going to leave a mark on the tissue of the person which can be perceived by other people, whereas emotional damages are impossible to be seen and they are assessed in each case discretionally by the court. This suggests that the assessment of physical damages is based upon selected documents which serve as proof and the assessment of emotional trauma is based upon the discretion of the court.

Going further, the second legal premise which serves as grounds for filing compensatory claim is called negligent behavior. As per the current Canadian legislation, enforceable in the city of Milton, negligent behavior is this which is breaching some particular legal provisions, most commonly the duty of care, and it is not constituted as criminal. The negligent behavior is also incredibly important because without it you are going to be in front of a simple insurance claim where the Rules of Fault Determination would take over and the compensation will be distributed as per them.

The third thing that is required by the Common Law of Canada is the so called causality link. This implies that the negligent behavior is the only and direct cause of the damages and without it the latter could not have occurred. Failing to prove this may lead to some serious procedural complications and possible dismissal of the case. This is why it is incredibly important to be well aware of the factual and circumstantial situation and environment surrounding the case in order to prevent any further surprises. These three legal premises formulate the core of a personal injury claim and losing or failing to prove each one of them is likely to get your case dismissed.

Does Civil Misconduct Come Under Tort Law?

Personal injury law derives from a larger institute of the law which is commonly referred to as tort law. However, tort law refers to every single case of civil misconduct and in order to narrow it down, the personal injury law only relates to causes which involve negligent behavior. Such causes include motor vehicle accidents, slip and fall, motorcycle and pedestrian accidents, public transit accidents, dog bites as well as product liability. Some of the most common injuries caused by incidents of this particular regard include traumatic brain and spinal cord injuries as well as a variety of different orthopedic injuries.

The injuries can be both emotional and physical and the law of the province of Ontario, located in Canada, likes to categorize the injuries in two particular, main kinds. The first one is commonly referred to as pecuniary damages which are also known as special damages. Now, the most important factor that should accounted for is that the amount of these damages that is due compensation is solely based upon documentation. Prove of the amount of pecuniary damages may include medical bills, apothecary receipts, contracts with rehabilitation facilities and many more.

However, pecuniary damages are special in a way because they envelop a part of the incurred damages which are not actually suffered as a direct result of the injury. This refers to a stipulation in the Family Act of Canada which empowers family members to file compensatory claims on personal behalf of the injured without having to be specifically authorized to do so. However, the damages which are most commonly claimed are based on the loss of income. It is difficult to seek treatment and pay medical bills without a source of income.

Basically, whenever someone suffers from a serious accident and he is unable to recover quickly enough, his salary and respective monthly and yearly income is going to be reduced. The employer has the full right to do so because his labor contract clearly states other working conditions and requirements which the injured person cannot fulfill. This results in a loss of income for the whole household. However, it is very important to take into consideration the money which has already been paid by the insurance companies and other social structures. Make sure that you are not claiming anything in excess because you are not entitled to it.

One of the general principles of the Canadian Common Law states that no one is entitled to more than he has actually lost and receiving it would be subject to appeals and eventual return. This will only increase your legal charges and expenses and will make your case harder. That’s why it’s important to account for these things prior to filing your claims. Make sure to run these things by the personal injury lawyer that you have set your sight on in the town of Lindsay.