Are Orthopedic Injuries Qualified For Compensation Under Tort Laws?

Orthopedic injuries are a basis of personal injury law. The truth is that, unlike criminal law which aims to seek criminal prosecution and punishment of the one who committed the crime, personal injury law’s aim is to reimburse the victim in full. This is the core difference between both practice areas and it’s one that has to be considered thoroughly as it poses fundamental differentiations.

Strong reason to file a case

However, when it comes to orthopedic injuries, it’s important to point out that this is the cornerstone of personal injury law. They are at the bottom of every single accident and, even though some would claim that pain and suffering could be the basis of a personal injury claim – it would be associated with an orthopedic injury. With this in mind, it’s also worth noting that there are quite a few different types as an orthopedic injury would stand for a broken bone, ripped tendon and everything in between – the area is quite extensive but it’s more of a medical conversation.

In any case, the orthopedic injuries are viewed differently from the various types of personal injury areas. For instance, an orthopedic injury in a dog bite claim would be governed by the Dog Owner’s Liability Act. This means that all of the responsibility deriving from the infliction of said injury would derive from this particular piece of legislation.

Apart from that, we have orthopedic injuries which are resulting from car accidents, which are likely to be the most common type of accidents that are concerning personal injury law. This is solely because of the fact that they are so many of them happening on a per annum basis.

Now, it’s also worth mentioning that pain and suffering is a different type of claim and even though it’s always accompanied by a claim for orthopedic injuries, sometimes it might not derive from them. For instance, a car accident could leave you unharmed in any way but you may have experienced severe stress which could have caused emotional trauma which is also subjected to compensation on behalf of the person who’s at fault.

Insurance covers expenses

Of course, the majority of the expenses which are associated with orthopedic injuries would be covered by the insurance company. However, the possibility for a civil lawsuit is always there and you could sue the other party if you believe that your damages exceed the amount that has been forwarded by the insurance company. However, you need to know that the court procedure is expensive, time-consuming and would require a lot of effort. Furthermore, you need to know that it’s not a done deal and the case could always go the other way around if you don’t manage to prove your point.

If you are suffering with chronic pain or other effects of orthopedic injuries, it is time to seek an experienced personal injury lawyer in Ontario that can help you get justice.

Is Insurance Act Of Ontario Applicable In Car Accidents?

Like it or not car accidents happen on a daily basis. Even though the legislation of Ontario which provides the vehicular regulations is pretty stringent and strict, the truth is that car accidents are quite the common occurrence. Some might argue that this is due to the lack of control while others are going to blame the drivers themselves but it’s important to pay attention on the aftermath of this terrible event one that it has already happened. The loss of the one you love or a family member is without a doubt going to be incredibly devastating. However, the truth is that you need to look past your sorrow and understand that the chances are that the accident has happened because of someone’s incompetence. This is why the legislation poses strict provisions which take care of the consequences of a car crash – both physical and emotional.

A regular car accident case

The most common scenario would be for the insurance company to cover the damages but there are certain situations under which this wouldn’t be applicable. There are some scenarios which are dully laid out in the Insurance Act of Ontario under which the driver is going to be responsible for the damages and the insurance company wouldn’t cover them. The most common trial case which involves a car accident would be consisted of two parties – the claimant and the defendant and it’s commonly going to be a civil lawsuit unless there are criminal charges pressed against the one who’s responsible. While this is an unlikely scenario, it’s not completely excluded for the claimant to demand pressing of criminal charges under which circumstances the trial would be led by a prosecutor.

Claiming damages for pain and suffering and physical damages

Now, the majority of the physical damages such as medical bills and other of the kind would likely be covered by the insurance company as they are in almost all insurance contracts. However, when it comes to dealing with damages for pain and suffering or emotional trauma, the situation changes dramatically. The majority of the cases involving claims of the kind are going to be for a significant amount of money and the insurance is most certainly not going to cover them.

Furthermore, they are of entirely different essence than what the regular insurance companies would provide coverage for. However, you have to understand that getting the court to rule a decision which provides the claimant with significant compensation for his pain and suffering is not easy and it requires thorough preparation and a lot of convincing. You need to have perfect grounds for your case and you need to convince the judge that the suffering is indeed real. Your personal injury lawyer will be able to draft a strong case and ensure all bases are covered irrespective of whether the case is mediated out of court or it goes on trial.

Know More about Rules of Fault Determination

Personal injury is without a doubt, one of the busiest fields in the entire legal department. The reasons are rather obvious – accidents involving orthopedic and light injuries as well as common pedestrian, slip and fall and other forms of accidental occurrences happen every day and that’s the field which regulates them thoroughly. However it’s safe to say that the province of Ontario is amongst the leaders in numbers of vehicular accidents and it’s worth outlining the parties who are going to be taking part in an eventual trial procedure.

Regulating Act of Insurance

It’s worth noting that the province of Ontario is regulated by the Insurance Act of Ontario which contains rules of fault determination. There is one particular clause in those rules which is commonly referred to as the “No Fault” rule which renders the insurance company to pay off monetary compensation regardless of the assigned fault. This is why the majority of car accidents are never going to reach the courtroom. However, when there is excessive liability which isn’t covered by the insurance policy, the victim is fully entitled to compensation.

The victim is going to comprise the charging party which is referred to as a claimant or a plaintiff. The civil lawsuit is initiated with his claim. He has to stipulate the argument and the way in which his rights were affected as well as the compensation that he seeks from the court. This is the first stage of the trial which would involve an opposite party. A reporting judge is going to check the filing and decide whether or not it’s admissible. If it is, the injury lawyer of Kitchener is going to forward a copy for the defendant and he would be provided with one month to respond. The case is going to be moved forward afterwards regardless of whether or not he provides the court with an answer.

Role of defendant

The opposite party is called a respondent and he is generally the one who is being sued for the compensation. In the majority of cases he is the liable party but this is to determined by the court with the final ruling. In the civil lawsuit there is no sentence as there aren’t any criminal charges. This procedure does not seek punishment of the respondent but it seeks to compensate the injured party and restoring the actual balance in their relationship.

The civil lawsuit has stringent procedural provisions which have to be met thoroughly and that’s why the presence of an attorney is incredibly advisable. It’s just too much for an ordinary person to handle on his own even though it’s not impossible. However, it’s safe to say that this might lead to incompetent defense or claiming. Thus, it is best to consult a lawyer and hire them for providing you with the best information about the legal jargon and technicalities of the case. They will be able to protect your rights.

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.