Guide on Complications Arising From Multiple Vehicle Collisions

Personal injury law is complicated as it is. Multiple car crashes, however, pose a whole new page of complications that are sometimes nearly impossible to deal with. Multiple claims, multiple claimants, tons of rights to be considered and numerous insurance policies – all of these have to be taken into thorough consideration while settling a versatile dispute of the kind. If you or a loved one is injured in a similar accident, it is essential that you go ahead and find a lawyer to ensure that you get maximum compensation for the damages.

One of the things that might pose a lot of difficulty is the fact that everyone is going to be running away from responsibility. Fault determination rules are going to be setting forth the insurance companies that are going to have to repay other drivers and they are all going to try to limit their financial exposure to the fullest. With this in mind, blames are going to be shifted. That is why personal injury lawyers step in apart from other law enforcement agencies.

The recreation of the accident and the proper determination of what actually happened could be incredibly challenging. When multiple vehicles are involved in one big car crash there are a lot of factors to be considered. Who was tailgating? Who was talking on the phone? Were the road conditions proper? The answers to these questions are going to have deciding roles when it comes to the outcome of the entire event and they might be impossible to get. In any case, it’s incredibly hard to determine particular faulty parties in situations of the kind, simply because the majority of the drivers are going to instantly argue about their involvement and the extent of their responsibility. It’s not easy to determine whether or not someone is actually telling the truth in a case involving 40 other drivers who are all claiming the same thing – that they didn’t have any responsibility for the cause of the accident.

The truth is that the majority of multiple-crash cases are almost always going to conclude with out of court settlements as this is the easiest and the quickest way for people to get what they are in for. Of course, there are going to be people who are actually at fault and they know that they are in strong position as proving and determining fault is incredibly expensive in situations of the kind. That’s why they are likely to be inclined to pushing the case towards a civil lawsuit in order to get the liability lifted.

In any case, there are tons of factors to be properly weighed in and the proper conduct of the matters is going to have a detrimental impact on the outcome of the event. Liability stemming from a car crash involving tens of vehicles is going to be incredibly hard to come forward to and that’s why these cases are always overly complicated.

Will Highway Traffic Act Reduce Motor Vehicle Accidents?

When it comes to personal injury law, it’s worth noting that the majority of the cases are going to come resulting from a motor vehicle accident. However, putting aside car accidents, motor bicycle accidents are certainly the next most common and dangerous type. The main reason for this is because they are going to leave the cyclist exposed as the only thing that’s going to provide some sort of protection is the specific gear that they have to wear. However, this is far from being enough and the results are often terrible. A wide range of the severe motor cycle accidents are going to result in death while even more are going to result in terrible mutilations, broken bonds, ripped tendons and other incredibly severe orthopedic injuries.

This is why they deserve a special place in the legislation of Ontario and that’s thoroughly taken into account by the enactment of the Highway Traffic Act. This piece of legislation sets forth the incredibly strict driving regulations that have to be considered every time you sit behind the wheel or you start operating a motor cycle.

Insurance Act of Ontario

However, the truth is that the majority of cases are going to be subjected to insurance claims as they are not going to get through the court room. This is mainly due to the fact that the Insurance Act of Ontario is pretty comprehensive and it has substantial amount of regulations which are going to be incredibly beneficial if you find yourself involved in a situation of the kind. For instance, the aforementioned piece of legislation sets forth the so called Rules of Fault Determination which have on particular rule that’s commonly referred to as “no fault” rule. This means that you would be compensated for your damages, regardless of the whether or not you are found at fault. The only significant influence that this is going to have is going to be in relation with your insurance policy. If you are found at fault you would have to pay higher amounts of monthly premiums as your risk factor is going to increase as a result of the accident.

Hire a personal injury lawyer

However, the truth is that the investigation is going to be carried out by the insurance company and you have to be incredibly vigilant in order to ensure that everything is kept in check. This is going to have a significant impact on the outcome as some insurance companies might prefer to skew the actual circumstances in their favor in order to ensure a more profitable outcome. This is why it might be a good idea to rely on the help of a professional attorney to navigate this particular process on your behalf and ensure a hassle-free situation. With plenty of trusted and experienced legal firms in Toronto, it will not be difficult to find a lawyer willing to represent your rights.

Legal Motions Associated With Personal Injury Lawsuits

The personal injury law is one with a lot of specifications and the motions are definitely no exception. With this in mind, we are going to take a proper look at those that are generally associated with this type of civil lawsuits and explain the meaning behind them. Without any further ado, let’s get right into it.

First of all, you need to know that motion is basically an application or a court procedure which is usually used by the attorney in order to request and to obtain a designated court order. The order could be made by the master of the court or by the judge. Masters in Ontario are appointed officials. In any case, the one who’s going to initiate the motion is the one who is commonly referred to as the “moving party”, while the opposing one is known as the “responding party”.

Motion to bring the trial forward is the initiating motion that’s set forth by the moving party asking the court to resolve the issue with an order.

Opposing Motion: The opposing motion is the act of the opposing party which is going to be asking the court to determine that the responding party should not be held liable. Usually the first opposing motion is going to be the motion to dismiss the case. This is the best case scenario for the responding party as the trial would be concluded right away.

Motions with consent: These particular motions are once again going to stem from the responding party but unlike the opposing motions these are going to be expressing the will of the responding party to willingly agree with the request of the moving party.

Unopposed Motions: These are motions which are brought forward by the moving party but aren’t met with response by the responding party.

In any case, all of the motions have specific designation. The interesting thing about the civil lawsuit is that any act of any of the parties is going to trigger a chain of events. With this in mind, there isn’t a motion that’s going to stand separately on its own without setting off the chain of events that we talked about. This is particularly important because that’s a main principle of the entire civil lawsuit. Furthermore, you need to thoroughly prepare every single motion as it’s going to have an overall impact on the outcome of the case. This means that you would need to be extra vigilant when proceeding with any given motion if you are to get the compensation that you’ve been looking for. Failing to comply and adhere to the rules of the procedure could also get your case dismissed. To prevent that it is one of the pre-requisites to have a good and experienced lawyer in your corner. They will ensure that all legal procedures are completed and file a case on your behalf. You can relax and recover from the inflicted injuries.

Is Misdiagnosis Considered As Medical Malpractice?

The area of personal injury law is particularly interesting because it encompasses a wide range of different cases and the claims could be various. With this in mind, one of the topics that mostly discussed amongst the legal world is regarding medical malpractice cases. It’s clear that this is one of the most common causes for a personal injury claim but there is one particular question that poses a lot of interest. Is misdiagnosis medical malpractice?

Mistakes happen

Well, the truth is that when you or someone you love and care about falls ill, you are going to put your trust and investment into the medical professionals. However, they are also human and you should be well aware of the fact that they are capable of making mistakes. Misdiagnosing patients is something that is, unfortunately, more common than we would like it and this poses a serious topic up for discussion. If you’ve been misdiagnosed in the area of Ontario, you might be able to file a claim and our experienced attorneys might actually be able to help you out.

Medical malpractice is an event which is generally defined as when a doctor, hospital or other type of health care staff acts negligently and causes harm or any further injury to the ones that already exist in their patients. In order to prove that the medical personnel committed medical malpractice, you would have to be able to determine that he did not follow the standards which were set forth in advanced and that this particular negligence has led to the injuries or to the furthering of already existing ones. There are a quite a few common types of medical malpractice and misdiagnosis or delayed diagnosis is also included in the list.

Grounds for filing a case

Now, as you can see for yourself, a misdiagnosis could, in theory, be considered to be grounds for filing a medical malpractice claim. However, the premises have to be present. If your injuries were caused by something else which wasn’t the result of the misdiagnosis you wouldn’t be able to seek reparation of the injuries, regardless of the fact that you have actually been diagnosed. Furthermore, if the diagnosis was mistakenly imposed but this wasn’t caused by negligence but by some objective faculty, the doctor wouldn’t be liable for it and you wouldn’t be able to file reparation claims.

The solutions are rather fair as they are entailing proper extents of the liability that the doctors should be subjected to. Overstepping these boundaries would put the legal practice in jeopardy as the solutions wouldn’t be fair enough for both parties. With this in mind, it’s safe to conclude that a misdiagnosis could be grounds for filing a medical malpractice case in certain situations. Having a good personal injury lawyer in Toronto in your corner can actually turn the case in your interest. That is why it is important to hire a lawyer that can ensure that your rights are protected and has experience dealing with medical malpractice cases.

How Much Do Insurance Rates Go Up After A Car Accident?

As you may know, the area of Ontario is governed by the Rules of Fault Determination dully laid out in the Insurance Act of Ontario. This means that the “No Fault” rule is in full force which suggests that you are going to be compensated for your damages regardless of whether you are found to be at fault. However, even though the fault wouldn’t impact your legal right to get compensated as that’s what the insurance is being paid for, your insurance rate is likely to go up.

If you have been involved in a car accident or any other kind of motor vehicle accidents and you were the driver at fault, the chances are that your premiums are going to increase. However, it’s worth explaining how to determine the particular amount of the increase. This is a particularly interesting and rather difficult question to tackle because the increase rate of your premiums is going to be individual for each company and as such it’s going to vary. This is why it might be a good idea to discuss this particular issue with your insurance company prior to purchasing the policy. This is going to provide you with a clear idea of how the insurance rates are going to change in time in case you’ve been involved in a car accident and it’s your fault.

You should also bear in mind that any subsequent car accident that is being caused by you and you’ve been found at fault is going to continue to increase your premium rates. In some particular cases, the insurance company would have the right to actually cancel the policy as you are going to present too much of a risk factor for it.

Furthermore, there are other additional factors which are going to impact the amount of the increase. The seriousness of the accident, the type of car that you are driving as well as the gravity of the damages are all going to impact the increase in the rate. With this in mind, it is definitely in your best interest to pick up an insurer which is going to provide you with the best terms and the lowest rates.

However, the best way to avoid all of the aforementioned hassle is simply to drive safely. If you adhere to the rules and regulations set forth by the Traffic Act of Ontario, the chances of you being involved in an accident are going to decrease dramatically. Furthermore, if you abide by the provisions and are involved in an accident you are far less likely to be found at fault which isn’t going to have an impact on your premium rates. Discuss your case with an injury lawyer in Brantford that is experienced with tort laws. Not only will they be able to assist you with the documentation and filing for compensation but of the case isn’t settled out of court, they have the experience to stand and represent you through the trial.