How to Judge And Account For Pain And Suffering In A Car Accident Case?

Injury Lawyer

There are quite a few things that you might want to take into account when it comes to filing a claim for compensating injuries stemming from a car accident. Right off the bat, you need to be well aware of the fact that there are two different types of damages that you can claim. The first ones are known as economic or “special” damages while the second type is known as non-economic or “general” ones. There is a characteristic differentiations between both which needs to be drawn concisely in order for you to understand the critical different.

Economic damages are those which stem from medical bills, the resources you’ve spent to repair your vehicle and the lost income from not going to work, for instance. What’s characteristic and determining for all of them is that they can be proven with a piece of paper – a document, a contract, receipt, bill or whatnot.

Non-economic damages are, however, a bit more specific. They are rather hard for evaluation. They are the damages which stem from emotional conditions of distress, pain, suffering and others alike. As per the current legislation of Canada and the province of Ontario, every court has the jurisdiction to assess non-economic injuries on its own for every separate case. This is a fair solution as each case differs in injury and liabilities.

How much money can you clam for pain and suffering?

This is not an easy question to answer. In fact, pain and suffering in a car accident case is going to be evaluated by taking into account quite a few different factors. Some of them include but are not limited to:

·         The gravity of the injuries

·         The typically associated amount of discomfort and pain which is associated with these injuries

·         How are they impacting the quality of your life, your job and other activities

·         The nature of the treatment which is necessary for taking care of these injuries

·         The estimated time for recovery

·         The necessity to take powerful pain medication and the necessity of further rehabilitation or consecutive treatment

As you can see, there are quite a lot of things that you’d have to take into account when assessing your pain and suffering. For instance, a person with a broken leg who’s likely to recover in a month and to get back to his normal life right afterwards isn’t going to get the same amount of money as another person who has broken his leg but he needs it for his work, income and others of the kind – a football player, for instance. The pain and suffering and the non-economic damages in the second case are going to be higher in comparison. Additionally, in many cases, the leg has to be amputated or is in a condition that has led to permanent disability which naturally calls for higher payout.

Determining Fault in a Pedestrian Accident

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The truth is that pedestrian accidents are particularly delicate when it comes to it. We are so used to the drivers being at fault that we rarely think about the pedestrian as the one who was actually responsible for the accident in the first place. However, this is a real possibility and there are quite a few things which need to be taken in consideration.

In theory, it is absolutely possible for the pedestrian to be the one who’s at fault and for the driver to actually claim compensation for the damages which were incurred by his vehicle. It may sound absurd but it is a real and quite possible hypothesis. Let’s take a look at the situations in which the pedestrian is going to be liable.

·         Jaywalking or when you cross in the middle of the street without a crosswalk

·         Crossing against the signals of the traffic – for instance, if there is a red light for pedestrians and you go ahead and cross anyways

·         Entering a highway, which is completely forbidden for pedestrians

·         Entering a street while under the effects of drugs or alcohol

If any of the above is present, the pedestrian might be found guilty and he might be the one who is responsible for the compensation. What is more, he would be able to recover any kind of money for the damages that he’d had to incur as a result of the accident.

Know the reality

Of course, all of these are just on theory. In reality, the situation is much more complicated and it’s always impossible for the driver to get away with no liability what so ever. Even if any of the above is present, if the driver has also breached legislation in some way, he will share the responsibility with the pedestrian. For instance, the pedestrian might have been intoxicated and drugged and he might have crossed during the night on a street outside of town. Obviously, there are a lot of breaches on his behalf. However, if you were driving at a speed which wasn’t allowed either by signs or by the weather conditions, you would share the responsibility.

It’s important to note that accidents of the kind are very likely to result in casualties and fatalities. As unfortunate as this can be, the majority of the pedestrian accidents which happen outside of the city are going to result in death because of the higher speed and the severity of the impact. This is what could trigger a wrongful death claim or a criminal case in certain situations, for instance, when the driver has been highly intoxicated. With this in mind, the necessity of a professional lawyer is definitely considerable. With many experienced lawyers practicing in Cambridge and Hamilton apart from others in Ontario province, finding the lawyer isn’t difficult. You can search online and schedule an appointment for the first free consultation that most of the lawyers offer or get references from friends.

When to Contact Your Insurance Company after a Car Accident

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Contacting your own insurance company right after you’ve been involved in a car accident is particularly important. However, you should understand that under your own insurance policy, the insurance company is entitled to quite a few rights. With this in mind, let’s take a closer look at each and every one of the most common authorizations that you’ve agreed to when signing your insurance policy.

Access to Your Work and Medical Records

All of the insurance policies provide the company with the right to take a look and further examine your work and medical records. This is why you will most likely receive a form which is called Authorization for Release of Records or something of the kind. You need to sign it in case you want the insurance company to actually process your claim.

The Right of Cooperation

The insurance company is entitled to seek your cooperation. This includes questioning and other related activities which are going to help the company reveal the whole situation, examine it and assess it so that they could properly process your claim. Let your lawyer handle these aspects as they understand how to work with the insurance company’s representatives and adjuster.

Right of Subrogation

This is particularly important. This is the right of your own insurance company which gives her the possibility of seeking reparation of the compensation it has paid out to you from the one who is actually responsible for the accident. For instance, if you’ve been involved in an accident and it was the other driver’s fault, your insurance company is going to pay you the money to repair your car and then seek it from the other side. In the majority of cases it would have to go up against the other driver’s own insurance company – it’s as simple as that.

Inspection Of Vehicle

When you’ve been involved in a car accident and you want to get the damages on your vehicle repaired, the insurance company is going to have to check out the damages on its own. It is then going to cross-check the cost of the damages and assigns the reimbursable value according to their own politics. This is particularly important. Though they will give a lower amount than what is deserved, having a good injury lawyer in your corner can help you get maximum benefits.

However, there are things that you need to be aware of. It is essential to keep in mind that it is in the insurance company’s best interest to give you the smallest amount of money – that’s how they increase their own revenues and that’s how they stay in business. With this in mind, you want to make sure that you are present when they are inspecting your vehicle so that you see that they describe every single crack, dent and damage to your vehicle as it is. This is important if you want to get fully compensated.

Things To Consider About Slip And Fall Accidents On Sidewalks

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There are quite a few things that you might want to take into account when it comes to slip and fall accidents. There are different types of those as well as different locations on which they might take place. With this in mind, it goes without saying that public sidewalks during the winter are without a doubt amongst the most common causes for slips and falls. This is why they deserve a special place and they need to be properly taken into account.

Key considerations about Occupier’s Liability Act of Ontario

Generally slip and fall accidents and the liability which is due for them derive from the Occupier’s Liability Act of Ontario from 1990. This particular piece of legislation has quite a lot of regulations but in general it describes the relationship between the owner or occupier of the premise and the one who had incurred damages on it. This raises the question – who is liable in a slip and fall case on public property such as a sidewalk? The question might actually be more complicated than you think.

Municipality

Even though this seems like the most common answer, not all sidewalks are owned by the municipality or at least the latter doesn’t owe the duty of care towards all of them. However, when the sidewalk is property of the municipality, your claim should be addressed towards it. You need to notify the municipality not more than 7 to 14 days (depending on the legislation) about your intent to pursue compensation. After that, you can’t file your claim for another 60 days. This period is given for the municipality to investigate the case and prepare its defense or take actions towards paying the compensation. After the 60 days are due, you got 2 years to file your claim which should be more than enough for you to organize a proper claim.

Private sidewalks

Sidewalks which are in front of stores, malls, parking lots and other commercial facilities are usually placed within the authority of the facility when it comes to cleaning. That’s why it is the store which is responsible for improper conditions on the sidewalk in front of it. This is only logical. However, if that’s the case, you are in front of a regular civil lawsuit against a private entity and you should follow the regular procedure.

The thing that you need to consider is getting the help of a personal injury lawyer. He’s capable of assisting you through this complicated matter and he’s going to get you that compensation that you are otherwise legally entitled to. With all this in mind, you should find someone with the necessary expertise and skill set in this particular area. Most of the personal injury lawyers in Hamilton or in Cambridge understand all aspects of such injuries and can represent on your behalf to help you get justice.

Quick Facts on Recoverable Expenses Of Wrongful Death

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Personal injury law encompasses quite a lot of different fields. Unfortunately, some of the accidents are going to be fatal. These are without a doubt the hardest cases to be dealt with and the ones which cause the most damage to the family and relatives. As hard as these types of personal injury cases can be, it’s important to set some things straight. There aren’t a lot of expenses that are claimable in a case of the kind but it’s also worth noting that these cases tend to get the highest compensations. It may sound a bit strange right now, but by the end of the article, you will quickly get it. Thus, without any further ado, let’s take a look at the damages that you can file for with the rights given to you by the Family Act of Ontario.

1.    Loss of guidance, care, companionship and loss of income

This is why wrongful death cases are the highest paying ones. The amount of money which is awarded for these damages is significantly larger than all others. What is more, juries and judges are usually very inclined to rule on high amounts because of the severity of the case. Keep in mind that a wrongful death case involves a death being cause by the negligent behavior or a third party.

2.    Medical care

If the death was not instant and it followed injuries, the deceased might have undergone extensive medical care. This means that he incurred losses throughout that time. Now that he’s deceased, the inheritors and his successors can claim those damages. The assumption is that they were made on behalf of the household and as such, they have to be recovered. Hospital bills will need to be cleared and if there are other medical expenses and those need to be taken care of as well.

3.    Funeral costs

A lot of people tend to believe that funerals are not as expensive. Unfortunately, this is not true. The average funeral in Ontario can cost you up to $12,000. This is a significant amount of money for a household which has just lost a beloved family member and one who has been providing. With this in mind, the expenses have to be recovered. Keep in mind, though, that the provision specifically mentions reasonable expenses as the type of funeral that you choose might cost you hundreds of thousands.

In any case, the solutions which are regulated and provided for are rather fair. There are not a lot of expenses which are subjected to compensation but the ones who are will certainly guarantee a significant recovery of the household. What is more, they could be recurring. The example in this regard is with the damages for loss of income in the event in which the deceased was a providing member of the family. If there is a lawyer in your corner, it helps to get the desired compensation faster.