Understanding the Scale and Type Of Brain Injuries

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Brain injuries are without a doubt amongst the most common types of injuries which result from a variety of accidents. Apart from dog bites, a brain injury may derive from almost any other possible cause for a personal injury lawsuit such as car accidents, motorcycle accidents, slip and fall and many more of the kind. However, it’s important to note that not all brain injuries are the same. This is why we are going to take a look at the scale of severity of different injuries to the brain and their impact on the person.

1.    Traumatic Brain Injuries

Starting from the top – these are the most dramatic injuries that you are going to sustain. They are most commonly associated with loss of consciousness for a lot more than just an hour or two. However, some of the more typical symptoms include loss of short as well as long-term memory, speech impairment, amnesia, impaired sight as well as inability to heal promptly. They are also associated with other disabilities and are usually within the long-term spectrum.

2.    Moderate Injuries

These are not as traumatic but are also going to cause a great deal of inconvenience. They are usually associated with loss of consciousness for no more than a few minutes to maybe an hour or two. You have to make sure that there is a fine line between traumatic and moderate injuries. Traumatic ones can also cause little to no loss of consciousness but the overall symptoms down the line are going to be far more serious.

3.    Mild Injuries

This is the injury which is most commonly going to be associated with a brief consciousness loss for a few seconds and up to a minute or two at most. If you haven’t experienced any loss of consciousness, you can pay attention for some of the following indicative symptoms such as dizziness, disorientation, confusion and loss of very short-term memory. There are, of course, other symptoms such as being overly sensitive to lights, drowsiness and troubled ability to focus. These injuries are less dangerous but are also capable of causing a lot of complications.

Sustaining a brain injury is very dangerous. You need to seek out appropriate medical care and attention right away. This might help you prevent quite a lot of additional complications. The brain is by far the most important organ in your body and you need to ensure that its functioning isn’t compromised at all. The slightest bit of damage to your brain could cause tremendous complications and this is something that should be taken seriously. With this in mind, seeking out relevant and proper medical attention is absolutely paramount for your proper recovery.

Hiring the services of an excellent lawyer helps to ensure that your rights are safeguarded and it helps to file for compensation with ease. TBI is considered to be a catastrophic injury and the payouts are very high due to the associated disabilities.

Know About the Developments in Wrongful Death Cases

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As unfortunate as wrongful death cases might be, these are amongst the most challenging and without a doubt the most expensive in the field of personal injury law. Compensations for loss of companionship and the pain and suffering associated with that are amongst the highest to have ever been awarded. When you add up the regular medical bills and loss of income claims, the entire compensation usually gets through the roof. However, there are considerations that have to be accounted for.

Cause of death

Wrongful death cases are particularly difficult to lead for a variety of different reasons. The first thing that needs to be determined is the cause of death. In order for the claim to be subjected to personal injury law, a certain amount of negligence has to be established.

In order for this to be proven, you need to be able to determine that the liable party acted without taking the necessary care that a reasonable professional would have done in the same exact situation. This is definitely a lot easier said than done. For instance, if a doctor failed to determine the right diagnosis but he did everything by the book, this wouldn’t be counted as negligence and thus your wrongful death claim is definitely not going to receive the high compensation that you expect. However, if he knew that the diagnosis was wrong but carried out the treatment anyways or at least his assisting team knew, this could be constituted as negligence and experiences the full extent of the law.

Cannot File For Pain And Suffering

In any case, the damages which you would be able to claim also demand attention. For instance, filing for pain and suffering on behalf of the deceased is highly unethical and is therefore not allowed. The legal presumption is that damages of this kind are strictly personal and that they can’t be claimed by any third parties even in the case of wrongful death.

You can, however, claim pain and suffering on your personal behalf. These damages bare the name loss of companionship and they are particularly common. In fact, they are amongst the damages which are going to receive the highest compensation awards in cases of the kind. That’s why you have to make a strong case and ensure that you include them to get the maximum amount of compensation.

We understand that filing for a wrongful death case is definitely the most intimidating and hard thing to handle in the entire area of personal injury law. However, the sooner you are done with it the sooner you can move on through this terrible situation. Make sure to handle it as quickly as possible and get on with your life as it is. It is good to schedule a consultation with an eminent Ontario personal injury lawyer so that they can advise you or if you hire their services, they will represent your rights and help the family get compensated.

Specific Procedures For Starting Personal Injury Claim

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The truth is that personal injury law requires a great deal of consideration. There are many different reasons for which you should consider hiring a lawyer right after the accident. Getting the full extent of the legal protection as well as being properly represented throughout the entire course of the events is without a doubt paramount. However, when it comes to filing compensation claims, there is one thing that you need to be particularly careful about and that’s the terms. The Statute of Limitations is in full force over the province of Ontario and you have to keep a close eye on it in order to make sure that your claim doesn’t actually expire.

Drafting for legal action

The first thing that you need to do after you get injured is to file your intent to pursue legal actions. Even though there is no official form for that, it is best if you get a lawyer to draft it because it’s capable of being used later on during the trial and court procedures.

The intent is sent in different terms, depending on the status of the opposing party but in any case, it can’t surpass 2 weeks. The actual legal term is 14 days because 2 weeks could be considered a bit ambiguous. In any case, failing to file the intent within 2 weeks is going to make you encounter significant troubles when you decide to actually file your compensation claim. Sure, it’s possible to do so but you would have to provide thorough explanation for the reasons for which you weren’t able to file the intent. If the court decides that they are respectable enough, you might be entitled to go on with the procedure but in the other case you’d rights to push the matter forward would be suspended.

Waiting period

What is more, after you file your intent against a regular person, for instance, you would have to wait for another 30 days. This is the supposedly required time for someone to prepare for the upcoming legal action. It’s supposed to provide the opposing party with enough time to take all the necessary precautions to protect itself against the motion. The solution is fair.

This term is prolonged when you are filing against municipal authorities or governmental institutions. For instance, if you slip and fall on a public walkway you would have to file against the municipality that’s in charge. With this in mind, you have to file your intent within the first 14 days and you would have to wait for another 60 days prior to being able to file your claim. Whether or not this solution is appropriate is subjected to debates but that’s the way it currently is. However, it is not recommended that you do it all on your own as the legal process is complex and unless you have an experienced injury lawyer in your corner, winning the compensation might get difficult.

How To Prove Orthopedic Injuries For A Personal Injury Claim

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Orthopedic injuries are incredibly common as they occur as a result of almost any accident which is regulated by the personal injury law. In any case, there are various acts such as the Contractual law, Medical normative legislation, Dog Owner’s Liability Act, Occupier’s Liability Act amongst many other Governmental as well as Provincial legislation which sets forth responsibility for causing an orthopedic injury. However, it’s also incredibly important to stress out that orthopedic injuries are usually the cause of different disabilities which are entitled to a different form of prolonged compensation. In some cases, the victims are even going to get disability benefits in the form of a pension, provided that the disability is very long term and there are no foreseeable chances of quick recovery.

Long-Term Disability Claims

Compensations for long term disabilities caused by orthopedic injuries require thorough compliance with a variety of different legal and other procedures. You are going to have to prove the event of the injury in order to seek the compensation. After all, your claim has to be directed towards the at-fault party. At the same time, you are going to have to prove that your specific injury has resulted from the particular accident which occurred. This is the causality link and if it’s missing, your case is going to lose its merit. After this you are going to have to link the injury with the long term disability. This is done through a medical expertise which determines that the injury is capable and in fact has caused the disability. Only then will you be able to physically claim your benefits and compensations. Thus, it is essential that all reports and medical diagnosis is submitted as proof and the doctors stand as witness in the case.

Liability For Orthopedic Injuries

In any case, orthopedic injuries pose great threat. The labor legislation in Ontario even goes so far to define liability for orthopedic injuries sustained by the workers on the workplaces while in working hours as owed by the employer. This is incredibly protective but the main intention behind this particular legislation is fully justified – the employer is considered to be far more economically stable and secure than the employee and thus he should be responsible if something happens to the latter.

Orthopedic injuries can also arise from car accidents, all sorts of motor vehicle accidents, pedestrian accidents, slip and fall, dog bites and many more. This is due to the fact that every broken ligament and bone or dislocated joint is going to be considered to be an orthopedic injury. However, it’s also important to understand that filing for compensatory claims in this particular regard would require the claimant to comply with a specifically designated medical procedure which sets forth whether or not there is an actually sustained injury and how severe the consequences are. A personal injury lawyer can be a great guide and assist you through the difficult phase by representing your rights.

Top Reasons for Motor Vehicle Accidents Claims in Ontario

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There is a great deal of legislation which is governing the exploitation of motor vehicles as well as the consequences which take place in an eventual accident. We have the Traffic Acts which governs the way you are supposed to behave while taking part in the traffic in the province of Ontario as well as the Insurance Act which is currently in force and regulates the consequences deriving from an accident. It’s safe to say that the legislation is extensive enough and it is designated to cover all hypotheses, even though precedents tend to take place every now and then. However, there is a whole lot of things that have to be considered when talking about motor vehicle accidents that it seems most appropriate to cover the most common reasons for which they tend to occur.

Distracted Driving

This is likely to be the most universal reason for which accidents happen. However, it’s also the most common because it envelops a lot of other reasons into one sentence. Distracted driving stands for everything that is capable of capturing your attention such as one-hand driving, talking on the phone, smoking a cigarette while driving, not paying attention to the current road condition and their specifications and many more. In any case, the result is always the same – horrible motor vehicle accidents with high mortality rate. This is mainly due to the fact that these accidents tend to happen at really high speed as the drivers are fully conscious and they are confident that they are handling the situation just fine.

Driving Under Influence (DUI)

Drunk driving is also something that’s incredibly dangerous and, unfortunately, common. Driving under the influence is also something which encompasses a lot of other reasons, much like distracted driving. As per the Highway Traffic Act of Ontario almost all kinds of substance abuses are strictly prohibited when it comes to driving. The most common one of them, of course, is alcohol. It impairs the driver’s ability to take proper conduct and almost always results in an accident. Driving under the influence of sedatives and other medication that can impair reflexes is covered under these laws. Usually motor vehicle accidents tend to be on high speed which in turn causes fatal injuries and disabilities.

Technical malfunction

This is also something quite common on the streets of Ontario. However, this is particularly interesting because it leaves the doors open for a civil lawsuit under the premises of product liability. This is one of the personal injury areas which pose great interest to the practitioners as the cases are often targeted towards major corporations, which ensures wealthy commissions. However, it’s also worth noting that this type of liability is covered by the Contractual and the Civil law of Ontario with provisions being set forth in the Contractual legislation as well as in the Common law statues of the province.