Category: Personal Injury FAQ’s

How Does The No-Fault Principle In Ontario Work?

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It’s essential to outline that Canada is country which is divided in provinces. This is important because each of those provinces is entitled to come up with legislation that could be enforced over the governmental statutes, provided that they are not contradicting. The province of Ontario has strict Fault Determination Rules which are enacted and have to be considered if you have been involved in a pedestrian or a car accident.

As an insurance contract

However, there is also the No-fault principle which refers to the insurance contracts. Under those contracts the person who has been insured is entitled to seek monetary compensation for the loss without having to establish who the fault party is. The main goal of this policy is to properly reduce the costs by getting rid of the need of a litigation process. This also makes it clear that victims of accidents are capable of receiving quick adequate payments for their injuries. It comes under the Tort Laws which lay down the regulations for compensation in personal injury cases.

Of course, this doesn’t mean that this insurance principle is going to provide the victims with absolute and proper justice as is the case in the common law. It is going to provide the involved with average justice which also has some benefits. Right of the bat, this principle ensures that the victim is going to receive a prompt compensation without having to go through extensive court battles which may take years. This also means that the victims won’t be required to pay court taxes and legal fees which can get rather expensive, depending on the monetary compensation that is being claimed.

However, there is also one more crucial thing that you would have to bear in mind. Even though it’s called a “No-fault” principle, the fault has to be determined by the insurance company. If you are the fault party, this is going to be added to your insurance records. You are still going to receive compensation as per the agreement that you have signed upon with your insurer. However, the fact that you have caused the accident is going to result in higher insurance policy increments that you would have to make if you want to continue your contract.

The best thing about this particular policy is that the rules are pretty standard. It’s easy for everyone in the city of Cambridge, and in the province of Ontario, for that matter, to contact their insurance company and get the compensation that is due. However, you have to make sure that the damages are properly assessed and it’s highly recommended to hire an attorney to assist you in the process.

Extensions Of The Occupiers’ Liability Act In Regard With Tenants

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The Occupiers’ Liability Act is a piece of legislation which has full effect on the territory of the state of Ontario and as such in the city of Hamilton. This act was consolidated back in 1990 on the 31st of December and hasn’t been amended ever since. This means that it has successfully stood the test of time and it still serves the needs of society. It is important to outline that because it speaks about the competence of the legislative bodies which are responsible for the enacting of the provisions set forth in the act.

However, it has a direct impact on personal injury law because it governs one of the most common causes for a case of this category – the slip and fall accidents. Basically such an accident occurs when a person walks into a premise and slips on the floor and fall as a result. In most of the times the consequences are harmless but there are cases in which severe brain injuries happen because of a hit in the head. This is where the act comes into play by providing victim proper compensatory options.

Generally the act is directed towards the owners of the premises. However, it’s important to note that renting out commercial spaces has become a lucrative way to make a living and a lot of people are doing it. This means that in the majority of cases the owner is going to have the whole place rented to a third party. This also entails that the obligations set forth in this particular act are going to be in full force towards said third party.

And to put this into prospective, the article 8, paragraph 1 of the Occupiers’ Liability Act extends the liability towards the tenants. This particular provision clearly states that everyone who has received the obligations and authority to take care of the premise is liable under the rules which govern the responsibility of the owner. This means that the law doesn’t differentiate the obligated parties – owners or tenants. The solution is incredibly fair because owners can’t be held accountable for injuries on their premises which have occurred during a period in which the premise has been legally rented to another party.

The solution is also fair for another reason – it puts pressure on tenants to take the necessary precautions in order to ensure the safety of the people on them. This requires them to provide such care as if they were owners. After all the safety of the people on the premises should always come first, regarding of who is in charge of the place. This is probably the reason for which this Act doesn’t really need any amendments.

Why Are Orthopedic Injury Cases Handled By Experienced Personal Injury Lawyers?

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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.

Representing Dog Bite Attack Cases by Personal Injury Lawyer In Brantford

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Even though dogs may have the reputation of the man’s best friend, most of the people often tend to forget that they are in fact animals. As a result, sometimes their canine instincts prevail and they attack a person, causing him terrible physical and also severe emotional trauma. A personal injury lawyer in Brantford is going to be able to deal with cases of this particular regard as there are clear legislative regulations set forth to govern misfortunes of this type.

The act in question is called the Dog Owner’s Liability act which was introduced as R.S.O. 1990, CHAPTER D.16 but was later amended 2006, c. 32, Sched. C, s. 13. It sets incredibly strict provisions when it comes to injuries caused by domestic animal attacks. The owner is not only responsible for the injuries that his animal has caused, but he is also responsible if he has no fault for the accident what so ever. This means that even if the pet acted on his own free will, which is of course rather impossible to prove, the owner is going to be liable for the damages that it has caused. The easiest way to determine this is when the owner of the animal wasn’t around at the time of the incident.

This means that leading a case of this kind is very preferable by the majority of Personal Injury Lawyers in Brantford because there is nothing to prove besides the actual fact of the injury. Of course, this is not as simple as it may sound because the damages have to be related to this particular animal. If there are witnesses that could testify to this happening then the situation becomes a bit more clear, but if there are not it’s required to conduct some serious medical investigation. However, once the injury is related to the dog in question, the claimant can address his owner and file monetary compensatory claims for the injuries, medical treatment and other ancillary reasons.

However, the laws allow certain exceptions. There is something which the law refers to as contributory negligence. This is such behavior on behalf of the injured party which in some ways has provoked the attack of the animal. A personal injury lawyer in Brantford should definitely account for this because it limits the responsibility of the owner of the animal to certain extents which requires it to be accounted for.

Furthermore, the assessment is done individually for each particular case on behalf of the court. This is due to the fact that the circumstances are absolutely always going to be different which requires proper and thorough investigation for the sake of enforcing the law as intended. It is the job of the personal injury lawyer in Brantford to formulate the claim but besides that all else lies within the hands of the judges.

Different types of brain and spinal cord injuries

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Brain and spinal cord injuries are some of the most severe and dangerous damages that a human can possibly endure. They are related to the most sensitive body parts and are likely to leave a mark for the entire life of the injured. This is why Personal Injury Lawyers in Hamilton tend to take them incredibly serious. They are also the reason for some of the highest compensatory claims to be filed simply because the non-pecuniary damages are immense. However, in order to file a lawsuit of this kind, the Personal Injury Lawyer in Hamilton should be well aware of the damages themselves as well as how the Ontario legislative provisions relate to it. With this in mind, we have to take into consideration the types of head injuries as well as their symptoms and the possible long-term problems that they could lead to.

Reasons for debilitating TBI or spinal injuries

For the sake of full disclosure, a Personal Injury Lawyer in Hamilton should be well aware of the possible brain injuries that may be caused as a result of an accident. There are several different types of them. First off, you may be in front of a direct damage to the skull itself, which may have resulted in a crack for instance, or a slim break. In this case the damage is going to be considered as a penetrating head injury. These are extremely dangerous and full recovery is not always possible.

However, the ones that are even more difficult to diagnose are the closed head injuries where you won’t be able to observe any obvious damage to the skull. This is where things get complicated in the court. The fact that there is no evidence of someone being hurt might be cause for some reasonable doubt as to whether or not he is suffering a brain injury at all. This is where the symptoms and the medical expertise come into play as evidence. Your doctors reports are strong evidence.

What are the symptoms of an injury of this kind?

Brain injuries are almost always going to be introduced by certain signs which are conclusive for the particular disorder. This should be used as an advantage by the Personal Injury Lawyer in Hamilton. This may be the only possible way to actually prove that the person is indeed suffering from a brain trauma of that particular kind which will have a direct impact on the compensatory claims.

However, make sure that you take into consideration the particular cause of the damage. This is due to the fact that there are certain limitations which are being placed by the Canada’s Limitation Act. Under this particular act the different causes for the injury can be pursued in court only before a certain amount of time has passed after which they would become void and inadmissible. Thus, it is best to consult an experienced lawyer quickly after an accident.