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.

Top Ways Insurance Companies Downplay the Claim

All insurance companies try to low ball you to accept a lower amount as claim after an accident. Most of the companies try to minimize payments and look for loopholes to destroy your case. This is why it is important to look into the details and having a good personal injury lawyer to cover your interest.

  • Inconsistency reporting: All medical reports and examinations are cross-referred at the first session with the insurance company. Anything that is not mentioned in the report is not accepted by the insurance company and is considered suspicious. That is why it is important for the doctor to write down all the complaints and details.
  • Psychiatric History and Pre-Accident Medical: The insurance company lawyers look at your medical history much before the accident took place. The psychiatric and physical history is looked into. They check if there is any aspect that they can use to reduce the earning potential. This is usually a point of dispute as clients forget about health aspects in the past. They find key aspects that can pull down the claim amount. Past drug use, alcohol binging depression in teenage years is just a few of the things that can rehash your claim amount.
  • Income Reporting: Income discrepancies and inconsistencies are looked into by the insurance companies. Thus, ensure that the T4 is correct when you file for a claim. It is best to honest with the insurance company.
  • Discontinuing treatment: There are some people that forget to continue treatment including physiotherapy which can be used by the insurance company. That shows that you weren’t that injured and this in turn can affect the claim amount. Thus, if your doctor has prescribed it, you better stick with the treatment.

Importance of First Responder’s Report

When you are in an accident, you are not thinking about calling a lawyer or filing a claim, you just need to be treated for shock and anxiety apart from other physical injuries. However, any of the information put down by the ambulance or first responders is used in the claim. Thus, if you forget to mention some key aspects of the injuries and it has not been noted down in the report, the insurance company is going to play upon it to reduce your compensation amount. They are of the view that if you didn’t mention it at that time, it isn’t probably that bad. You cannot control what the first responders write but share as much as you can. Additionally, it is good to go to a doctor even if you don’t go to the hospital right after the accident. Make sure the doctor writes everything as your claim will require it.

  • Surveillance as a tool: If you say you cannot do it due to the pain, don’t do it. You don’t want to show up on the surveillance video doing the things you said were out of bounds due to the pain. You might be just trying to do it before retreating due to the pain, but if you are caught on video, the damage is forever.

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.

Can Medical Malpractice Claims be Due to Misdiagnosis of Neck or Back Pain?

Most of the Canadians suffer with neck or back pain and that is why statistics show that over 70% of the adult population has experienced it and sought treatment for it. Usually the neck or back pain is self-limiting and no cause is found for the physical condition. It resolves on its own, over time. Many physicians prescribe pain medication for the aches and chronic medical conditions. Usually the pain subsides over time and the related health conditions improve.

However, the fact is ignoring the pain does not help as neck and back pain are one of the most common symptoms of chronic and serious health conditions. If the doctor fails to recognize the symptoms and assess the pain as a normal condition, it can lead to potentially serious complications. That is why it is important to consult a lawyer of a wrong diagnosis has been given and it has led to further complications.

Differential diagnosis

This is a procedure that is taught to doctors to be able to differentiate between diseases with similar symptoms, which may help them diagnose better. The purpose of this diagnostic method is that it helps to identify life threatening conditions. All symptoms and possibilities are eliminated to help reach a conclusion on the diagnosis.

Elimination procedure

It is by the process of elimination that the diagnosis is done. The doctor obtains a lot of information and creates a checklist of potential conditions and ailments. This will help them pinpoint the symptoms and signs of medical conditions that the patient suffers with.

A common ailment that is missed is Cauda Equina Syndrome (CES), a neurological condition which has a prominent symptom of back pain. It causes paralysis as the nerve cells get compressed. If diagnosed in time, surgery can help but if the doctor misses the symptoms, it can lead to debilitating disability and paralysis. This will then create a case for medical malpractice. Other aspects and diseases that doctors miss include renal ailments, fractured spine, variants of bone cancer and spinal cord infections. It is important for doctors to look for signs of infections like fever and increase in the white blood cells.

If you or a loved one has been misdiagnosed about a disease by the doctor, that led to further complications, it is important to connect with a personal injury lawyer that deals with medical malpractice cases. It is important to file for a claim as quickly as possible after you realize the malpractice.

The experienced lawyer works on a contingency basis, but there will be additional expenses which you will have to pay for record gathering and medical opinions. This ranges from $5000 to about $15,000. Once the medical case enters the boundaries of the court, confidentiality and privacy of the medical records and details is off. It is public domain then on.  Thus, it is best to check out of the hospital or treatment facility before suing the doctors.

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.