Legal Motions Associated With Personal Injury Lawsuits

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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?

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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?

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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.

Compensation For Different Types Of Disabilities Under Tort Laws

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Now, it’s worth noting that long term disability insurance has the sole intention of providing income protection to those who have become ill and are thoroughly unable to perform their professional duties at their regular occupation.

Litigating disability insurance claim would entail that your attorney has clearly defined the amount of the disability benefits that you are claiming and that you are entitled to. This particular amount is going to be dependent on the provisions which are thoroughly set forth in your individual insurance policy. However, different types of disability benefits are going to entitle you to different insurance amounts so let’s break them down a notch.

Partial Disability Benefits

In a wide range of insurance policies, if the claimant is still partially able to perform certain tasks at his or hers professional occupation, only partial benefits are going to be entitled. With this in mind, this would have to be carefully thought out by the lawyer.

Residual Disability Benefits

If you are going to be recovering gradually over a period of time you would be entitled to the so called residual disability benefit. This means that your insurers are likely to be claiming that you receive a residual benefit as per the policy. In these particular cases you would have to rely on your lawyer to be able to prove totally disabled benefit.

Now, it’s also possible that your insurer denies you payment and recovery of the damages. In this case you are rightfully entitled to filing a claim with the court and claiming your rights there. You would have to go through a civil lawsuit procedure which is going to take time and money but it would be the only way to get what is rightfully yours. However, the procedure would also require you to hire a professional attorney to represent you in front of the judge and to protect your legal rights. Furthermore, you would also be capable of claiming interest from the moment the compensation was due to the moment the verdict was set in force.

In any case, this is likely to be the worst case scenario as it’s going to take a significant amount of time and effort and the result is never guaranteed, regardless of whether or not you are convinced that compensation is due. This is why it might be a good idea to proceed to handling the matter outside of the court through different mediation procedures or even going for arbitration. You should aim at getting a settlement as soon as possible because this is what’s going to ensure thorough and prompt paying of what’s due and what you are rightfully entitled to. Hiring an experienced personal injury lawyer in Cambridge would be the right thing to do so that your interests are well-represented and you are not low balled by the insurance company into accepting their minimum amount as compensation.

Evaluating Types of Traumatic Brain Injury and After-Effects

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Amongst the variety of different injuries that might result from different type of accidents involving motor vehicles, brain injuries are without a doubt the most dangerous. Not that the common orthopedic injuries are to be underestimated, but brain injuries pose significant threat to your entire existence. The truth is that a direct damage to your brain is certainly going to have long term impact on your entire functioning. The brain is the single, most important organ in our body and any kind of violent intrusion such as a direct injury would definitely leave you scarred for life.

However, what you need to understand is that the brain has the most responsibilities in our body and this is why an injury could result in a wide range of different harms and disabilities. The types of injuries that are commonly associated with our brains include:

  • Concussions
  • PCS or post-concussion syndrome
  • Injury to your frontal lobe
  • Coup-Counter coup Injury
  • Contusions
  • Closed Head injury
  • Open Head injury

In any case, you have to be well aware of the fact that the direct physical damage to your brain is going to be the first series of what is definitely going to be a domino effect that’s going to impact your entire live. To put it in simpler terms, your brain is the organ that’s going to send out all the necessary signals to every single part of your body. For instance, the brain is responsible for you breathing right now as it’s sending signals to the lungs to function. If something happens to the part of the brain which is sending these signals – you are going to die, it’s as simple as that. It might sound a bit direct but the truth is that brain injuries are absolutely detrimental. From emotional and mental cripples, brain injuries have tons of negative consequences.

Pecuniary and non-pecuniary damages

This is why it’s important to know that if you or a loved one has suffered from an injury to the brain you are fully entitled to seek both pecuniary and non-pecuniary damages as you would certainly suffer from emotional trauma as well. In order to prove pecuniary damages you would need to provide the court with the documents that are stipulating expenses for medical treatment and medication directly related to your trauma. These are the so-called physical damages. You are also entitled to claim reparation for pain and suffering and in the case of brain damage the compensation is likely to be solid. Due to the aforementioned circumstances the courts are thoroughly inclined of providing victims of brain injuries with plentiful compensation for their pain and suffering as the injury is likely to have a permanent effect that’s going to last a lifetime.

The personal injury lawyer in Hamilton can be of assistance or you can enhance a trusted legal firm in Toronto to assist you through the whole process.