Has Highway Traffic Act Lowered the Number of Car accidents?

Now, it goes without saying that car accidents are common sight. Unfortunately, this has become the most regular type of accident and as it turns out – it’s also the one causing the most casualties. The reasons for this are various and regardless of how stringent of legislation the province enacts, car accidents are still incredibly common in Canada, especially in the province of Ontario.

Highway Traffic Act

There is a wide range of different legislative regulations which would include some provisions regarding car accidents but the major one would be the Highway Traffic Act as well as the Insurance Act of Ontario. This might sound a bit odd at first but we would get to this later. The Highway Traffic Act is a piece of legislation which governs the overall traffic conditions and provides a variety of stipulations which would put the operation of a vehicle in order. Following the act would ensure that you won’t get penalized and it would severely diminish the possibilities of an accident. Of course, no piece of legislation is going to guarantee a 100% reduction of the accidents as the majority of them would happen because of human mistakes.

Insurance Act of Ontario

In any case, as mentioned above, the Insurance Act of Ontario is also an incredibly important piece of legislation. The reason for this is quite obvious. If you took a look at recent statistics, you’d see that over 90% of the accidents would never reach the court room. They are settled in advance by negotiating an out-of-the-court agreement or they are simply a matter of insurance. The Insurance Act of Ontario would set forth clear and concise rules of fault determination which are also foreseeing the application of the so called “no fault” rule. This particular stipulation means that the insurance company is going to cover the damages, regardless of who’s at fault.

Even if you are the one who caused the accident in the first place, your insurance company is going to cover the damages that you’ve caused to the opposite party. This is a stringent approach which sets forth a broad spectrum of compensatory obligation on behalf of the insurance company but it’s a social convention which is overly well appreciated by society and it serves it pretty well so far.

Of course, this doesn’t mean that fault won’t be distributed. The insurance company is going to conduct this precise process on its own in order to assign the fault to the liable party. While it won’t affect the compensation matter, it’s going to have an effect on the calculations for the premiums that you have to pay in order to keep your insurance policy valid throughout the time being. You might want to talk with your lawyer and ensure that everything is in place. They understand all aspects of the case and with car accidents on the rise, legal protection is needed.

 

Are Doctors Always in the Wrong in Medical Malpractice Cases?

Personal injury lawyers in Hamilton would usually specialize in one or a few particular fields of expertise as the entire area of the law in this regard is rather vast and broad. That’s why by focusing on something more precise the attorney is capable of providing far better legal advice which is essentially his duty. However, medical malpractice in Ontario poses a great deal of interest. The reason for this is quite obvious – there are numerous medical establishments and thousands of people being admitted on a daily basis. This leaves the doors wide open for mistakes in the practice which could potentially cause severe complications and that’s where the personal injury lawyer steps into the picture in order to provide the patient with the representation he needs in order to get the proper and fulfilling monetary compensation.

However, the most important thing that has to be taken into consideration when discussing medical malpractice is that it’s broad. There are a lot of different fields of the medical profession and they all have a wide margin for error. This doesn’t mean that every doctor’s mistake is punishable. In order to have merit for a medical malpractice lawsuit, the injured party has to have sustained damages which have been caused negligently. Conversely, the doctors pay a fee to be a member of Canadian Medical Protective Association (CMPA) that offers insurance cover and the right to represent in medical malpractice cases.

Decision on the liability

Doctors and other healthcare workers in the hospital owe a far broader duty of care to each and every patient who has been dully admitted in the medical establishment that they work in. This is why if the doctor willingly and with aforethought breaches this particular obligation he would be liable for all of the damages sustained by the patient as a consequence. The solution is incredibly fair and it has the sole intention of providing protection to the patient as he is in the most vulnerable position, incapable of protecting his own interests in Hamilton.

Furthermore, the entire medical profession is built upon the principle of the greater care and it’s the medical workers’ obligation to act upon this principle. However, if it’s breached and this causes damages – the patient would be capable of filing a compensatory claim for the sustained damages and the truth is that he is likely to win the claim. Courts in Canada and specifically in Ontario are inclined to honoring claims of the kind as there is a lot of publicity involved in some of the cases. Furthermore, the courts are inclined to protect the interest of the ordinary person as in the majority of situations the negligence is going to be apparent and obvious. While not every case is a sure thing, most of them are and that’s why a lot of attorneys would prefer to have their specialization in this particular field of expertise. If you have a similar case, contact the personal injury lawyer today.

Understanding Catastrophic Impairment in Personal Injury Law

Ask any personal injury lawyer that specializes in motor vehicle accidents in the cities of Brantford, and Hamilton what the most serious claim is that they have faced in their careers and they will probably tell you that it’s claims for catastrophic injuries.  Under Ontario Provincial personal injury law, “catastrophic” has a special meaning in regards to motor vehicle accident claims.  Consequently, these cases are oftentimes very complex and difficult to interpret.

Catastrophic Impairment

The legal definition of catastrophic impairment in Ontario Province is found in the SABS (Statutory Accident Benefits Schedule), clauses 2(1.2) (f) and (g) and could mean any one of the following:

  • amputation and permanent loss of using both arms
  • amputation and permanent loss of using one arm and one leg
  • brain impairment resulting from traumatic brain injury
  • paraplegia or quadriplegia
  • total vision loss (both eyes)

Unfortunately, the number of catastrophic injuries and catastrophic impairment cases has been steadily increasing over the past 5 years.  These injuries typically result in extensive medical care, long-term recovery periods, special therapies, and more.  As a result, a growing number of personal injury claims for compensation have occurred in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area.

Common Causes

There are a number of reasons that individuals sustain catastrophic injuries, especially accidents that involve the following vehicles:

  • ATV’s and dirt bikes
  • motor vehicles
  • motorcycles
  • slips and falls
  • snowmobiles

If you sustained catastrophic injuries in an accident involving any of these and this was caused by another person’s carelessness, negligence, or recklessness, you may be entitled to compensation.  Your best course of action is to consult with an experienced personal injury lawyer.

Assessing Compensation for Your Claim

If your injuries are deemed catastrophic and meet the legal definition, you’ll be entitled to a larger amount of compensation.  According to the No-Fault Benefits Schedule, the finding of catastrophic impairment resulting from catastrophic injuries can significantly enhance the amount of benefits that you are entitled to.  This includes:

  • Attendant care benefits of up to $1 million over the injury victim’s lifetime
  • Caregiver claims of up to $250 weekly plus $50 per dependent
  • Home maintenance and housekeeping benefits of up to $100 weekly
  • Medical and rehabilitation benefits of $1 million over the injury victim’s lifetime

This is oftentimes referred to as the “upper tier” of benefits and the access to it is crucial in catastrophic injury impairment cases.  However, these claims will most certainly result in the insurance companies disputing them.  If you or a loved one has sustained injuries that are deemed as catastrophic, consulting with an experienced personal injury lawyer in Brantford, Cambridge, Hamilton, or any other city in the Greater Toronto Area may be your best option for receiving the benefits discussed above. You can look online or get a reference to hire one of the best attorney in the city for helping you get justice.

The Most common Injuries sustained in Slip and Fall Accidents

One of the more common personal injury claims that occur throughout Ontario Province result from slip and fall accidents.  This is especially true during wintertime when ice and snow frequently builds up on Brantford, Cambridge, and Hamilton driveways, parking lots, sidewalks, and other public walkways.  While they seem minor in nature compared to other injurious circumstances, people are seriously injured in slip and fall accidents.  In fact, some of these accidents can be permanently disabling and even fatal.

There are a number of different hazards that can result in serious injury such as icy or wet surfaces and poorly maintained flooring.  Sometimes the injuries that are sustained in slip and fall accidents can adversely affect your quality of life.  Needless to say, it is crucial for property owners to keep the inside and outside of their properties as safe as possible.  From a legal standpoint, municipalities and property owners must maintain hazard-free, safe properties. Thus, if you haven’t been doing that, as a property owner, it is time to adhere to the nuances of law.

Common Injuries resulting from Slips and Falls

Among the many injuries that result from slip and fall accidents in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area, head injuries are among the most common.  Falling and hitting your head on the asphalt, cement, or ground can cause a traumatic brain injury.  Injuries of this type can change your life permanently.  Furthermore, many head injuries oftentimes result in long-term recovery and rehabilitation.  There have also been cases where the injury victim developed long-term behavior, memory, mobility, and thinking problems after sustaining a head injury.

Back, neck, and spine injuries (e.g. broken backs, slipped disks, etc.) are also a common result of slip and fall accidents.  Over time, the injured individual may have difficulties returning to their jobs due to chronic pain or the need for surgical procedures.  In many cases, the elderly are more likely to slip and fall.  There injuries are typically more serious than that of a younger person and on some occasion, the person dies from their fall.

Liability in Slip and Fall Accidents

If a person sustains injuries due to negligence, the property owner may be deemed liable.  It is their responsibility to keep all commercial spaces (i.e. restaurants, retail stores, etc.) safe and free of hazardous conditions at all times.  Broken or uneven flooring, construction hazards, dim lighting, and wet floors can all cause slip and fall injuries.  Consequently, landlords and private property owners must do everything in their power to prevent injuries by keeping their properties safe at all times.

If you or a loved one sustained serious injuries in a slip and fall accident in Brantford, Cambridge, or Hamilton, you should consider contacting an experienced personal injury lawyer to evaluate your claim.  It is the only way to ensure that your rights are protected and gives you a better chance of being compensated for your injuries.

Social Media and the Impact it can have on a Personal Injury Case – Part II

Hopefully, Part I of this content was an eye-opener for individuals who have hired a personal injury lawyer or are contemplating doing so.  People are extremely active in social media today in cities such throughout the Greater Toronto Area.  Consequently, it is vital that you use a great deal of caution when you make comments and put up posts on Facebook, Twitter, or any other social media platform that you may be active on. Are you being tagged in other people’s social media channels? That can be equally detrimental. Thus, think before you act.

4 Ways Social Media will adversely impact Your Case

When you are pursuing a personal injury claim with an experienced lawyer, there are 4 ways that your social media activity can literally destroy your case and get your claim denied in a court of law.  Keep the following in mind the next time you are interacting on one of these platforms:

  • Avoid posting photos of you having a good time – case in point; if you are sidelined with a back injury you don’t want to post photos of you and your friends playing a round of golf or water skiing.
  • Don’t sit around playing games on the computer all day – if you have a sedentary job and you claim that your injuries prevent you from doing it, the insurance companies will be suspicious if you are playing games all day on social media sites.
  • Never post photos of the accident, your injuries, or anything else associated with your circumstances – the insurance companies could use this against you and try to deny or invalidate your claim.
  • Stop complaining about your job – if you have historically been an individual who complains about their employer or the type of work you do on a regular basis, the insurance companies may view this behavior as your attempt to discredit your boss or to spend some time off away from the job.

If you are going to remain active on social media platforms, send your comments and photos carefully as if you were posting them to the enemy.  After all, that’s what they truly are.  Remember, they are always monitoring what you are doing on those sites.

Helpful Tips regarding Social Media Use

In order to prevent social media activities from becoming a detriment to your personal injury claim, consider the following measures:

  • Always be honest where your injuries are concerned.
  • Stop and think about what you are going to post.
  • Your social media pages and profile should be private.

Our lives have been forever changes by the internet and social media platforms and in some instances, those changes have not been for the best.  If you are filing a claim for your injuries, be sure to discuss this issue with your Cambridge, Brantford, or Hamilton personal injury lawyer. They are the only ones that can be of assistance.