1-800-931-7036
The truth is that accidents at work are quite common, regardless of the type of field you are occupied in. However, you should be well aware of the fact that if this is the case, you are fully entitled to receive a monetary compensation through filing a compensatory claim directed towards your employer. This is a fairly easy procedure but it’s highly advisable that you let worker’s compensation lawyers handle it in order to get the most out of the situation. Our company is going to make sure that you get the full value of the accident and get duly compensated for every injury you had to suffer through- physical or emotional. (more…)
Things To Consider When Talking To The Insurance Adjuster
Now, if you have been involved in an accident and you are claiming compensation from your insurance company, you would inevitably have to deal with the insurance adjuster. This is the person who’s going to be responsible for your case and this is the person who’s going to make sure that you get the necessary amount of money. Of course, there are quite a few things that you would have to consider. (more…)
Know About the Importance of Medical Records for Filing a Personal Injury Claim
Being involved in an accident, regardless of its kind, is particularly devastating. This is especially true if you were involved in a vehicular accident of certain kind. However, even though you are very much likely to be particularly bothered with having to deal with all the pain and suffering, there are a few more things that you would have to take into account if you want to receive the necessary and alleged compensation that you are thoroughly entitled to after the accident. Even though it might be unpleasant, let’s take a quick look.
Seek appropriate medical attention
This is likely to have been the first thing you did after you were involved in an accident resulting in serious injuries. With this in mind, it’s important to make sure that you seek competent medical services in order to properly handle your pain and relieve you from your symptoms. However, this is related to a lot of expenses.
This is why you need to make sure that you keep a proper record of everything that’s being done to you and every single expense that’s being made. You need to have this organized carefully and thoroughly in order to use it later on when you file your claim later on.
Claiming damages
Your medical records and diagnostic reports are one of the key elements when filing for a compensatory claim after the accident. Based on the reported injuries and trauma sustained, the claim amount shall be fixed.
There are two types of expenses that you are capable of claiming after being involved in a personal injury case and these are expenses for the actual damages and those for pain and suffering. For the sake of this particular piece, we are going to be taking a look at expenses for damages. These are the so called pecuniary damages and they include everything that’s visually represented. These do not include emotional traumas and pain, but only the expenses which were made to get you recovered from actual traumas and physical wounds.
So, for instance, if you have broken your leg as a result of a car accident and you’ve sought immediate medical attention – they would have treated the injury in a certain way. This is going to cost you a certain amount of money determined by the healthcare provider. This amount is fully repairable as per the legislation. However, in order to get it recovered, you will need to make sure that you provide the court or the insurance company with the necessary documents. These are kept in your medical record.
This is the main reason for which keeping a properly organized medical record is of absolute essence. You need to make sure that everything is handled perfectly and as per the highest standards – something, which is going to ensure that you are going to get the necessary compensation. With this in mind, you need to make sure that the records are properly kept and organized.
Why Hire a Personal Injury Lawyer in Cambridge after Public Transit Accidents?
There are many aspects that you would have to consider when it comes to public transit accidents. There are two main differentiations which are going to have a critical impact on the way things are going to unravel after the accident – whether you are involved in it as a user of the public transit services or as a pedestrian. Both situations would allow you to take part in a compensatory procedure and request monetary compensation of the damages that you’ve had to incur but from a legal prospective the situations are governed in a different manner.
Pedestrian – Public Transit Accident
The truth is that there aren’t quite a lot of differences when it comes to the essence of the case. You would still have to file a claim towards the insurer and he’s going to conduct an investigation to determine the amount of the due compensation as well as the distribution of fault. Now, it’s important to note that the differences are going to stem when you want to go ahead and claim damages through the court. This is where things get truly different. If you’ve been involved in a public transit accident as a pedestrian, you would have to file a claim against the entity which owns the services. In the majority of cases this is going to be the municipality.
There are special terms that you would have to take into account when it comes to it and this is very important if you want to ensure that everything is handled perfectly. For instance, once you’ve filed the letter of intent to sue, you will have to wait for 60 days as opposed to the regular 30 prior to being able to file the claim in court.
Accidents as a User of the Public Transit Services
This is fairly simple in terms of getting the compensation. You are going to have to file against the owning authority and the case is going to proceed as normal. In most of similar cases, experienced lawyers take on the responsibility of representing the rights of the victims so that they are compensated adequately.
In any case, the truth is that these are very traumatic accidents. Some of the most common injuries includes serious whiplash. This is the process of your head going forward tremendously fast and then suddenly backwards because of sudden breaks, for instance or other improper conduct on behalf of the driver. Of course, there are certain situations in which liability is exempted. For instance, when the driver has acted this way in order to avoid a bigger accident, it’s impossible to claim damages because he is actually preventing more serious and potentially catastrophic results. With this in mind, public transit accidents in Ontario are not common, but they pose a significant interest within the society.
Canadian Regulations Regarding Pedestrian Accidents
Sadly, all across the province of Ontario pedestrian accidents are quite common. Whether it’s a motorcyclist or a driver that’s going to be cause the accident, or the pedestrian himself, the unfortunate truth is that these accidents tend to happen a lot more often than they should In any case, they occur on roadways, crosswalks as well as intersections and parking lots – basically almost everywhere. The frequency of these accidents increases dramatically as the weather conditions get worse or the lighting on the street fails. In any case, this is something that has to be taken under the most serious consideration as pedestrian accidents almost always result in terrible orthopedic injuries and in some instances even in death.
The Duty of Care Owed to Pedestrians
Motorists and other drivers owe a duty of care to the pedestrians on the streets. This is due to the fact that the traffic is regulated by the provisions which are dully set forth within the Highway Traffic Act of the province of Ontario and there is a thorough and reverse onus for these sorts of pedestrian accidents. This basically means that if a pedestrian accident occurs, the law is automatically assuming that the driver or the motorist was at fault. As you can imagine, this makes it a whole lot easier for pedestrians to make their claims, even though it’s not as easy as you might want it to be. This is due to the fact that there is a lot of paperwork to be filled out and a lot of documents to be drafted and filed within the appropriate authorities. If you want to take the matter to the court, you’d have to file a compensatory claim and its best if you go ahead and get a consultation with a pedestrian accident lawyer in the province of Ontario. They are experts with pedestrian and public transport accidents and will be able to help you with any case that comes under tort laws.
The Complexity of the claim
The truth is that the complexity of the claim comes from the Insurance act and the Rules of Fault Determination, respectively the No Fault rule set forth in the province of Ontario. The latter stipulates that the insurance company is going to take care of the damages done by the insured regardless of the fact that he’s at fault or not. This means that your monetary damages are going to be compensated by the insurance company of the one who caused the accident – the motorist or the driver. However, if you want to pursue them to the fullest extent, you’d have to file a civil lawsuit and take the compensation that you’ve already received out of the equation as you won’t get money in excess to what you are entitled to. This might lead to a lot of confusion and potential complications.