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If you’ve been involved in a car accident you might not always suffer severe orthopedic injuries. There are certain occasions in which there wouldn’t any broken bones, ripped tendons or ligaments. However, whiplash injuries are just as dangerous and they have to be thoroughly considered. This is a particularly cunning injury because the damages might be particularly harmful as they are going to affect one of the most important parts of your entire body – your neck. (more…)
Category: Orthopedic Injury
How To Prove Orthopedic Injuries For A Personal Injury Claim
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.
Long-Term Disability Claims
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 specific injury has resulted from the particular accident which occurred. This is the causality link and if it’s missing, 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. Thus, it is essential that all reports and medical diagnosis is submitted as proof and the doctors stand as witness in the case.
Liability For Orthopedic Injuries
In any case, orthopedic injuries 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 severe the consequences are. A personal injury lawyer can be a great guide and assist you through the difficult phase by representing your rights.
Range Of Potential Regulative Legislation On Orthopedic Injuries
Orthopedic injuries are without a doubt one of the widest fields in the medical science and they pose a lot of interest to practicing professionals. However, the interesting thing about them is that they are also incredibly interesting when they are looked upon on behalf of personal injury lawyers. You might ask why this is. Well, the truth is that every single accident is going to cause an orthopedic injury.
Scope of regulations
The truth is that the entire field of the personal injury law is entirely built upon and the majority of legislation in this particular regard is created in order to provide protection against suffering different orthopedic injuries caused by a wide range of accidents. However, there are a lot of various pieces of legislation which are going to provide solution for legal matters involving the reparation and compensation of orthopedic injury. As you may know, personal injury law has a wide range of sub-divisions and all of them are properly regulated by different legislative acts.
Ontario laws and regulations
The Occupier’s Liability Act, for instance, governs the situations in which a person has been injured as a result of a slipping accident on the premises of a third party. All sustained injuries, being orthopedic or other pain and suffering are capable of being compensated dully by the occupier of the premise. Of course, there are exclusive regulations but they aren’t important at the moment. This means that the orthopedic injuries in this particular case would be governed and set forth by this piece of legislation.
The Highway Traffic Act and the Insurance Act of Ontario would provide protection for orthopedic injuries sustained as a result of a motorcycle accident. Car accidents, motorcycle accidents, pedestrian and public transit accidents – all of them are common causes for orthopedic injuries and they are thoroughly regulated by this particular piece of legislation. Of course, there are other acts, provisions, stipulations and laws which might also provide insight over the subject matter but these are the general ones.
The Dog Owner’s Liability Act is a particularly interesting statutory provision which sets forth stringent liability for owners of dogs that have attacked a person. The resulted damage would definitely be classified as an orthopedic injury as regularly it involves ripped tendons and ligaments and in some occasions severely damaged structures. Furthermore, this particular type of injury might cause severe infections and complications and it needs an emergency medical attendance. That’s without a doubt a broad area of personal injury law and as such it requires thorough legislation which is dully met and offered in the face of the aforementioned regulatory provision. The act fits the requirements of society and as such it hasn’t been changed in more than 25 years.
If you have been injured in an accident leading to severe or debilitating orthopedic injuries, it is important to consult a personal injury lawyer in Toronto so that they can assist you with getting the rightful compensation.
Orthopedic Injuries and Their Relation to Personal Injury Law
You may wonder why orthopedic injuries are such important part of personal injury law, but the truth is that almost every accident is going to result in damages of this kind. Orthopedic injuries in general are considered to be such damages which break the integrity of the structure of your body. Most common cases and prime examples include broken bones, dislocated joints and many more. Even though some of them might not be as painful as most of the people think, the majority of orthopedic injuries are actually very serious and grave. They require thorough medical attendance and they have to be treated carefully in order to ensure full recovery.
The city of Brantford is located in the province of Ontario. This means that the provincial laws which are enacted on this region are going to have full force over the city. Luckily, there are not many stipulations and regulations which differ from the governmental laws. However, orthopedic injuries are regulated by the respective legislation, which governs the particular accident. For instance, injuries deriving from a slip and fall accidents are going to be regulated by the Occupiers’ Liability Act, consolidated back in 1990 on the 31st of December. It was a landmark in tort laws.
With this in mind, it’s important to determine whether or not surgical attendance is going to be required. You are only going to be referred to a doctor of this particular kind if your injuries require special attention. This of course doesn’t necessarily mean that your injuries or your illnesses have to be life threatening. Of course, they might be, but that’s not what determines the need of special attendance.
The reason for which this is important is because it’s usually taken into consideration to assess the amount of emotional trauma that the victim had to go through. Assessing damages deriving from orthopedic injuries is easy and pretty straight forward. This is due to the fact that the treatments and procedures are properly enlisted and you can see how much they cost.
However, emotional damages are a whole other story. They can’t be based on any kind of documentation as there is no universal way to calculate emotional traumas. This is why the court has to base its decision on discretion. In order to do so the judge would have to consider the fact that the patient had to undergo complicated surgical procedures before he could even start to recover. This suggests that he would be subjected to a lot of pain and suffering and thus the emotional damages entitled to compensation are going to be higher. It’s also important to note that the emotional traumas in every single case should be assessed individually.
Why Are Orthopedic Injury Cases Handled By Experienced Personal Injury Lawyers?
Orthopedic injuries formulate a large part of the potential damages that could have resulted from all sorts of accidents. They require thorough attention on behalf of the Injury Lawyer in Brantford as there is a wide abundance of possible traumas that require different legal approach. Some of them may be grounds for filing for emotional damages and some of them might only include some not so serious injuries which are unlikely to be causing tremendous pain and suffering. However, there are two main types of damages which should be taken into consideration when the topic at hand is orthopedic injuries.
Pecuniary damages
These are the damages which could be based upon a simple document which proves that a certain expense has been made on behalf of the client of the Injury Lawyer in Brantford. Pecuniary damages include the reparation of losses which derived from medical treatment, nursing homes, rehab and further care after the treatment is through and so forth. However, it is very important to note that there are also some special expenses that are also subjected to compensation.
The expenses in question involve covering the loss of income in the family. As per the Family Act in Ontario, each family member is entitled to file a claim on behalf of other injured family member or on his own behalf claiming the loss in income as a result of the accident. These are the cases in which a certain member of the family who contributed a substantial part of the family’s income has lost the ability to earn this kind of money or his salary has been substantially reduced because he is no longer capable of carrying out a particular line of work. This loss is also covered by the compensation and it should be accounted for by the Injury Lawyer in Brantford.
Non-pecuniary or general damages
These are the so called general damages. In 1978, the Supreme Court of Canada issued a ruling which limits the maximum amount of general damages to $100,000. However, throughout the time, economical factors have shifted and inflation has to be taken into proper consideration and as a result the amount as of right now is approximately around $330,000. If the Injury Lawyer in Brantford decides to file for something above this amount it is going to be decreased by the court.
This type of damages involves all the pain and suffering that you have been through and the emotional trauma as consequence. These are assessed by the discretion of the court and they can’t be based on documentation such as medical receipts, bills or any kinds of purchase contracts. However, the doctors’ reports diagno/is and investigation reports are vital to prove the extent of the injuries. Experienced lawyers are able to judge and work on such cases better.