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.

Representing Dog Bite Attack Cases by Personal Injury Lawyer In Brantford

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

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.

Understanding More about Statutory Accident Benefits Schedule

Even though personal injury law is particularly vast area of the law, there are certain divisions which are a lot more common than others. For instance, motorcycle accidents in the state of Ontario are incredibly common occurrence due to the large number of actual bike riders. However, as of the last year, there are certain amendments in the legislation which relates to the Statutory Accident Benefits Schedule in Ontario. This impacts the practice of almost every personal injury lawyer in Cambridge who has decided to practice law in this particular field of expertise. It is a common reason for slip and fall injuries, orthopedic and even spinal injuries.

Features of SABS

The fact is that the changes introduced to the SABS are not actually affecting the different types of particular accident benefits which are being offered. They are directed towards the amount that the Ontario drivers as well as passengers are going to receive if they have been injured in automobile accident. Almost every Personal Injury Lawyer in Cambridge is going to advise you to file for the rehabilitation as well as for the care benefits if you have been the victim in a car accident. However, this is one of the targeted areas by the amendments and there are significant changes in the limitations of the amounts.

The current legislation puts the injury in three particular groups based on the severity of the damages incurred by the injured party. With this in mind, the three different groups are going to be limited to a particular extend. If the compensatory claim which is being filed exceeds this particular limit, it will be reduced by the court and this is not a subject to appealing, which should be considered by the Personal Injury Lawyer in Cambridge.

  • Minor injuries – the compensation limit for rehabilitation and care benefits is set up to $3,500
  • Non-minor injuries – the limit for these injuries is currently altered and set up to $50,000 which are available for both medical and rehabilitation benefits
  • Catastrophic injuries – as the name suggests, these are the most severe of them all and the limit is set to $1,000,000. In addition to this amount of money, the injured party involved who has suffered catastrophic injuries is also able to receive up to another $1,000,000 in benefits for attendant care. These are specifically designated to cover the expenses which are done for the required nursing home.

The changes are overall considered to be positive as they serve a double-faced purpose. They would limit the responsibility of the person who has manifested the negligent behavior to a certain extend as the purpose of personal injury law is only to compensate but not to punish. At the same time it gives the claiming Personal Injury Lawyer in Cambridge a clear statement as per what the maximum amount of money that he can claim is.

Understanding All About Right Of Way Of Pedestrians

As unfortunate as it may sound, a large portion of the cases that an Injury Lawyer in Hamilton is going to handle throughout his career in personal injury law are going to involve pedestrian accidents. Accidents of this kind are likely to result with a fatality or if not at least a severe physical as well as emotional trauma is almost always guaranteed. However, it is important to look through the grief and seek your rights in situations like this in order to get what is rightfully yours. There are several factors that should be considered by the Injury Lawyer in Hamilton when it comes to pedestrian accidents and their situation in the court.

The right of the way and the pedestrian

Now, the fact is that every province is likely to have different and proper laws when it comes to the rights of the pedestrians on the roadways. There is one thing that all of them share in common – most of the laws are going to strongly favorite the pedestrian. This is due to the simple logic that the driver is protected by his car or vehicle of any kind while the pedestrian is fully exposed and he is likely to suffer a lot more as a result of the impact. There is also a heavy lawful expectation on drivers to be extremely cautious when driving near pedestrians in order to avoid accidents.

However, there are certain laws that the pedestrian should also follow and if he fails to do so and he is involved in an accident then his rights are likely to be severely limited. This is why it is important for the Injury Lawyer in Hamilton to make a thorough investigation prior to filing the motion in order to avoid any surprises. However, it is important to note that even if the pedestrian is crossing without having the legal right of way, the driver of the vehicle can still be found to be at fault.

Changes in recent legislation

The government has issued several amendments to the current legal provisions which set forth the rules of transportations. The new Road Safety Rules which are in effect as of the 1st of September in 2015, place a greater emphasis on tightening up the room for error. The legislature is getting a lot tougher on issues such as distracted riving and there are penalties which are set forth in this particular regard. There are also new rules which regard the cyclists and introduce new requirements for keeping them safe.

All in all, the Injury Lawyer in Hamilton who is claiming should be well aware that he is likely to have the law on his side and he should make sure to take this into proper advantage throughout the entire case. This will ensure that justice is delivered as due.