Social Media and the Impact it can have on a Personal Injury Case – Part I

The use of social media has enjoyed an ever growing degree of popularity over the past decade and there is no indication that this trend is going to slow down anytime soon.  It has become a very common practice for individuals to share their personal information on a number of social media platforms such as Facebook, Instagram, Twitter, and YouTube.  No matter how you look at it, there is an amazing, if not alarming amount of personal information drifting about in cyberspace.

Impact of Social Media

It goes without saying that social media has impacted the way we connect and interact with family and friends.  Not only that but it has influenced the approach that insurance companies take with personal injury claims in cities such as Cambridge, Brantford and Hamilton as well as throughout Ontario Province.  So if you and your personal injury lawyer have already filed a claim, you need to look at how much you use social media and consider the impact it could possibly have on your particular case.

As a personal injury lawyer in any of these cities will tell you, there has been an ever increasing use of social media as an investigative tool by the insurance companies.  Basically, they are using these different platforms to obtain and use evidence against you in your lawsuit.  Judges and juries will oftentimes rule against the plaintiff if the insurance company presents social media evidence that demonstrates your claim may be fraudulent or plants a seed of doubt in their minds.

Insurance Companies will Investigate You

So how do the insurance companies use the comments you make (your posts) in social media platforms? Here’s an example.  Let’s assume for the moment that you have been injured in a motor vehicle accident.  First and foremost, the insurance companies are driven by the profits they make.  Consequently, they invest a portion of their resources in attempting to block personal injury claims in Brantford, Cambridge, Hamilton, and other cities in the Province.

They employ a great deal of investigating if they suspect that a claim is fraudulent or to find grounds for denial.  The insurance companies will spare no expense when it comes to this and will pay private investigators for their surveillance talents.  As a result, a PI will dig into your background information, medical records, and so on to help out the insurance companies.  The bottom line is that insurance companies have an easier time investigating claimants thanks to social media. That is why it is best to stay off social media or at least ensure that there isn’t anything that can jeopardize your claim.

So it is very important to understand how your activity on these different social media platforms can adversely affect your personal injury claim in Brantford, Cambridge, and Hamilton as well as other cities.  Part II will provide more important information about the negative aspects of using social media.

 

Mandatory Mediation in Personal Injury Law

In January of 1999, Ontario Province introduced the Mandatory Mediation Program as a court process alternative for individuals that were involved in lawsuits.  By using this program, businesses and individuals alike will save the money and time that is normally involved in lawsuits.  While the program is commonly employed in the Ontario Superior Court of Justice system, it doesn’t apply to Family Law and Small Claims cases.

Under the Mandatory Mediation Program in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area, you are required to file pleadings with the court that includes the following:

  • any 3rd party claims
  • any counterclaims
  • Statement of Claim
  • Statement of Defense

Once this part of the process is completed, the parties involved will be scheduled for a mandatory mediation session.

Choosing a Mediator

Both parties have 30 days from the time the claim was filed to choose a mediator from a list of qualified mediators from the private sector.  The local area mediation committee is responsible for establishing this list.  When the parties involved cannot agree on the mediator for their session, one will be appointed for them by the mediation coordinator of their local area.  Depending on where your session is scheduled, it could be held in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area.

How long do Mandatory Mediation Sessions last?

The minimum length of time for a mandatory mediation to last is 3 hours.  However, the length and number of sessions required a number of different factors including:

  • how complex your case is
  • how well-prepared each party is for the session
  • the extent of their progress in settlement negotiations
  • whether or not the mediation process will work

Interestingly enough, neither party is required to continue mediating for over 3 hours.  Furthermore, if the mediator chooses to do so, he or she can terminate the mediation session before the 3-hour mark if they determine that mandatory mediation is not working or if the parties reach a settlement.

If after 3 hours of mediating the parties have not agreed to resolve their problems, they can make arrangements with the mediator to conduct additional sessions provided they feel like continuing the mandatory mediation process.

Cost of Mandatory Mediation

No matter how many parties are involved in a mediation session, they each share an equal percentage of the costs involved.  The Provincial Government sets the court-ordered fees that are charged.  These fees pay for a 1-hour preparation session and 3 hours of mediation.  These fees oftentimes vary and depend on the number of people that are involved in the session.  They typically range from $600 up to $825.  If the amount quoted for session fees exceeds that amount, the parties involved must agree on that amount prior to the start of the session. That is why you need to have a good lawyer in your corner to take care of your interests.

Causes and Consequences of Distracted Driving

One of the main causes of auto accidents in cities like Brantford, Cambridge, Hamilton, and throughout the Greater Toronto Area is distracted driving.  In fact, recent statistics have shown that accidents and injuries resulting from distracted driving now exceeds those that are caused by driving under the influence of alcohol or drugs.  Cyclists and pedestrians have also sustained injuries at the hands of distracted drivers.  Needless to say, motor vehicle drivers fail to understand the damage that can be done when they are distracted while driving. And that is one of the leading causes for personal injury claims.

Definition of Distracted Driving

Basically, when a motorist drives without paying attention to the road and other vehicles around them, this is referred to as “distracted driving” and is viewed as impaired driving.  When your driving is impaired, your judgment along with your reaction time is adversely affected.  For instance, if you are paying attention to something other than the road while you are driving, then you are probably distracted and not exercising the proper amount of caution that you should be.

Ontario Laws regarding Distracted Driving

There are very specific laws prohibiting distracted driving in in Brantford, Cambridge, Hamilton, and other cities throughout Ontario Province.  It is illegal to look at or use any monitor or screen that is unrelated to driving a motor vehicle or to use any type of hand-held device.  As a result, you cannot use a hand-held GPS but you can if it is a mounted device.  Furthermore, you are not allowed to do the following:

  • hold an MP3 player
  • hold and use a cellphone
  • text on your cellphone
  • view a DVD screen
  • view a laptop

According to the Distracted Driving Law of Ontario Province, you can be fined and/or jailed if you are convicted of distracted driving and even have your driving privileges revoked.  Additionally, if you can be held accountable (liable) and sued in court for damages and losses if your distracted driving causes an accident.

What causes Drivers to be distracted?

In the cities of Brantford, Cambridge, Hamilton, and throughout the GTA, Ontario’s laws regarding distracted driving apply to the use of any hand-held device or viewing monitors and screens, there are other forms of this to be aware of.  The following are 3 of the most common types of distractions:

Cellphone use – talking and texting are major causes of accidents and even though you are allowed the use of Bluetooth headsets, they can be distracting and cause accidents.

Drinking and eating – if your focus is on one or both of these, then you are obviously not focused on the road and vehicles around you.

Lost in thought or daydreaming – thinking about something other than driving is a form of distracted driving as well.  This could delay your reaction time when a dangerous situation arises and may cause you to get in an accident.

12 Questions to ask a Personal Injury Lawyer before hiring Them

Whether you live in Brantford, Cambridge, Hamilton, or any other cities in the Greater Toronto Area, a Google search for a “Toronto personal injury lawyer” will yield over 600,000 results.  Now that you know that, how difficult do you think it will be to choose the best one for your case? While it may seem like an overwhelming task initially, it’s imperative that you select one that specializes in your specific type of accident.  This boils down to asking the right questions when interviewing your list of choices.

 

The following is a list of questions that are essential to selecting the right personal injury lawyer to represent you and your claim.  These will help make the selection process a bit easier and ensure that they are the right fit for your case:

 

  • Can I make suggestions and assume that you will view them as serious?
  • Can you give me an idea of the amount of time it will take to resolve my case?
  • Do you operate on a contingency fee basis and if so, what percentage do your charge?
  • During court proceedings, how much of what I discuss with you will be taken into account?
  • How frequently do cases similar to mine wind up in court?
  • How many cases like mine have you been involved in and what were their outcomes?
  • How often should I anticipate hearing from you or your staff?
  • How will I know whether I have a strong case or not?
  • How will you communicate with me throughout the legal process?
  • What areas of personal injury law do you specialize in?
  • What kind of history do you have with the bar associations and ethics committees?
  • Will you handle my case by yourself or will there be others participating with you?

 

In addition to the 12 questions listed above, there are 4 questions that you should ask your Brantford, Cambridge, or Hamilton personal injury lawyer during your first consultation appointment.  These include:

 

  • Did you ever hold any official position with any of Canada’s lawyer associations?
  • During your time practicing personal injury law, did you participate in any professional programs or speaking engagements?
  • Have you published any content that is relative to my particular case? Have you written any personal injury content for any local, provincial, or Canadian branch of government or legal societies?
  • What Canadian professional legal organizations are you a member of? Have they nominated you for any awards and if so, how many have you received?

 

Once you have an idea of the right questions to ask your choice of personal injury lawyers, you should begin the interviewing process.  By taking all of the information above into account, your selection process should be less confusing and frustrating. Allow the professional lawyers to assist you with the requisite claim for compensation, so that you can pay your bills quickly.

What Types of Damages can I recover in My Personal Injury Lawsuit?

You normally see 3 types of damages awarded in personal injury lawsuits – General, Special, and Punitive.  The first two are compensatory and their purpose is to provide the plaintiff monetary compensation for his or her economic losses.  In other words, they are supposed to make the person whole again.  The third type, punitive damages, are meant to punish the person responsible for the accident and hit it where it hurts him the most – in their wallet.  The following is an in-depth look at these.

General (non-economic) damages – these damages compensate the victim for a number of their non-economic losses such as:

  • emotional and mental anguish
  • loss of care, companionship, and a decreased quality of life (paid to survivors in a wrongful death claim)
  • permanent physical disfigurement
  • permanent physical impairment
  • physical pain and suffering

Losses of this nature are extremely difficult to calculate as you cannot assign an economic value to the distress you are experiencing.  Consequently, the insurance company along with your Toronto personal injury lawyer may have a formula for calculating the amount of damages.

Special (economic) damages – the compensating of the plaintiff for economic losses they have suffered as a result of their injuries is the main intention of special damages.  The courts will usually award compensation for a number of economic losses such as:

  • Cost of repairing or replacing damaged property
  • Loss of earning capacity
  • Loss of items that are deemed irreplaceable
  • Lost income (past and future)
  • Past and future medical expenses

As with general damages, the intention of special damages is to compensate the injury victim (plaintiff) for the losses that the defendant has caused.  The court will consider factors such as lost wages based on time away from the job, medical expenses, and property damage when calculating the amount of compensation to be awarded.

Punitive damages – just as the name implies, punitive damages are awarded to the plaintiff for the purpose of punishing the person who is at fault for the accident and your injuries.  Rather than making the plaintiff whole again, these damages are intended to be a deterrent or warning to avoid this type of negligent or reckless behavior in the future.  It also serves to notify other individuals that negligent or reckless behavior will not be tolerated by the courts.

If you’ve recently sustained injuries in a motor vehicle accident in the cities of Brantford, Cambridge, or Hamilton as well as anywhere else in Ontario Province, you could be entitled to compensation for general, special, and possibly punitive damages.  However, this is extremely difficult to do on your own.  So why risk settling for less? You owe it to yourself to retain the services of a personal injury lawyer. Not only will they be helpful but will go that extra mile to ensure that you are not inconvenienced while you recover. To help, they schedule appointments and visit you at the hospital or at home.