Personal Injury Lawyer Toronto

4 Important Things to Know about Personal Injury Law

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Each year, thousands of people experience serious injuries that lead to significant losses ranging from job wages to physical mobility, or even life itself. Anyone who suffers losses like these may consider filing an insurance claim for compensation. However, it is important to understand the nature of injury law before accepting a settlement offer or filing a lawsuit.

1. Damages must be substantive and confirmed.

Accident-related injuries should be documented medically in the ER or by a medical professional with appropriate credentials. A person who claims to have unrelenting headaches will need a doctor’s evaluation and diagnosis to confirm the problem in order to be considered for legal compensation. Surface issues like scrapes or burns may need to be linked to impaired daily activities or job performance, while deep tissue, bone, or muscle problems, along with emotional or psychological distress, should be corroborated by the relevant experts. The victim may also keep a personal journey to document symptoms, treatment, and changes in condition ensuing from the date of the accident or malpractice.

2. Negligence must be linked to carelessness or faulty performance.

An injury that stems from tripping over a crack in the public sidewalk may be harder to prove than an error committed by someone who is responsible for maintaining walkways and parking lots owned by a specific company. Much depends on the circumstances of the accident, but details will need to be documented as objectively as possible by those who supervise or control the factors in question. A doctor or professional who fails to follow the prevailing standards in his or her industry or who falls short in professional practice, which leads to or contributes to a person’s injury can be held accountable, from a legal standpoint.

3. Evidence must be clear and convincing.

Records, reports, and other documentation needs to be objective and clear without confusion or the possibility of misinterpretation. The victim should review all documents to ensure accuracy at the time they are provided, and clear up any discrepancies before using them in support of a compensation claim. Wrong dates, names, diagnoses, treatments, or appointment times can compromise the integrity of a report, so it is important in injury law to ensure all documents are accurate and up to date, both during a medical visit and afterward.

4. Time limits must be adhered to.

A statute of limitations controls timelines for filing an injury claim. It is essential that timelines be followed to avoid losing the opportunity to file a claim. Injury law is very precise in governing the claim process. Anyone who plans to file a claim for compensation should be aware of the state’s timelines that pertain to each step of the process. Missing a deadline means that the claim may not be considered for settlement or court trial.

For these and other reasons, it may be helpful to consult injury law attorneys for more detailed information. Expert assistance can help to reduce risks and optimize the chance of a successful claim for those who are less familiar with personal injury law.

5 Elements Used to Establish Negligence

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If you are hurt in an accident, you are only entitled to compensation if you were the victim of someone else’s negligence. This may mean that you were hit by a drunk driver or were hurt by a doctor who didn’t order a test that could have accurately diagnosed a health issue. Let’s take a look at some of the elements used in personal injury law to prove that negligence occurred.

1. The Other Person Had a Duty to Avoid Hurting You

As a general rule, people have a duty to avoid hurting other people whenever possible. If you drive a car, you are required to drive at a speed conducive to road conditions and obey traffic control lights and signs. If you are playing a sport, you have a duty to avoid intentionally hitting someone in the head or hard enough to cause an injury. A duty to protect is generally part of a relationship such as the relationship between a property owner and guests on that property.

2. An Action Was Negligent in Nature

An action does not have to be intentional to be negligent. For instance, you may not have meant to leave the pool gate unlocked when someone accidentally walked past it and into the pool. However, an action is negligent if you knew or should have known that it would lead to a person getting hurt.

3. The Negligent Action Caused an Injury

The fact that someone took an action that was negligent does not mean that he or she owes anybody money. If you were not hurt in a car accident, there is no basis to file or pursue a personal injury law case. Therefore, it is essential that you can prove that an injury occurred, and this may be done with a note from a doctor or with a medical bill.

4. There Were Damages Caused By a Negligent Person or Entity

In addition to proving that a negligent action caused you to get hurt, you must also show the extent of the damages. Again, this may be done by presenting a bill from a medical provider or a bill for medication needed to control symptoms of your injuries. In some cases, this may be as simple as showing a receipt for bandages used to cover up a scrape.

5. Did You Contribute to Your Damages at All?

If you contributed to your injuries in any way, you may be able to collect only a fraction of total damages incurred. For instance, if it is shown that another person hit you because you made a turn without signaling, that may be an example of negligence on your part. Although the other driver may have missed a stop sign or was on a phone at the time of the crash, that wasn’t the only variable that caused the crash to occur.

If you are thinking about filing a personal injury lawsuit against another person or entity, make sure that you can prove negligence. Otherwise, you could be wasting your time and money on a matter that won’t be resolved favorably. Most personal injury lawyers will walk you through the legal process during a consultation. At this time, your lawyer may be able to tell you the odds of winning your case and obtaining a financial award.

Learning The Basics: Personal Injury Law

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The personal injury law allows the injured person go to a law court and get legal damages for losses that arise from an accident or any other incident. The main purpose of the personal injury system is to allow the victim to be financially compensated or made whole after suffering harm due to another person’s negligence. Let’s discover the basics about personal injury law.

Personal Injury Basics
There is a wide array of situations where the personal injury rules can apply:
Accidents: When someone acts negligently, the personal injury law can apply. In such cases, this carelessness results in harm to another person. Most of these examples include fall and slip accidents, car accidents, medical malpractice, and many other types of cases.

Intentional Acts: Personal injury law applies in a situation where the defendant wanted to cause harm to another person with an intentional conduct. Battery and assault are the best examples of this Act.

Defective Products: Few situations can arise where the defendant can be liable for an injury caused to a person without any intention or negligence. Certain types of liabilities that can arise from product defection is one of the best examples.

Defamation: This law applies when the defamatory statement of a person causes harm to another person’s reputation.

Who Makes the Personal Injury Laws?
Many personal injury law can be backdated to the common rules. The common rules refer to the law made by judges as it is opposed to the laws made by legislatures in forms of statutes and bills. When a judge decides a case after hearing, his decision concerning that law is often binding. All courts in that state that are lower in ranking than the preceding judge cannot appeal. These courts will apply the ruling of the other judge. In the end, all binding precedent will result in the creation of common law.

From one state to another, the common law often differs. For this reason, the rules for other personal injury laws cannot be uniform across the country. The Restatement of Torts is a collection of common rules that act as a guidebook that explains the rules.

The common law is not always the only emanation of personal injury laws. Some legislatures have worked to pass some formal statutory or legislation law that touches on issues concerning personal injury. When the legislatures passed the workers’ compensation law, they took all work-related injury cases outside the personal realm injury. They also made the workers’ compensation claim the executive remedy for the injured people at work.

Two accidents will never be the same. For this reason, you will not have two personal injury cases treated the same. However, there are standard steps that most of these cases share.

How a Personal Injury Lawyer Can Help You After a Car Accident

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A car accident can be a frightening and confusing experience. You may encounter several days or weeks of difficulties and stress trying to deal with the aftermath. You need someone who is experienced in personal injury law to make the experience less frustrating and painful. Here are key things a personal injury law will do for you.

The Red Tapes

Many people who suffer injuries after an accident do not get the right compensation because of the complicated legal system in personal injury law. A lawyer can help you understand the complex legal procedures and confusing medical terms. He will also help you handle all the paperwork required to resolve your case.

Insurance Companies

Insurance companies are in business to make money. Most of them will do everything they can to avoid paying the compensations. They will pressure you to sign off quick settlements that are far much less than what your deserve. Some even result to bullying and threats to scare you from going to court. A lawyer knows how to deal with such rogue companies. He will fight for you until they pay for the damages caused.

Assessing Claims

Injuries usually occur following an accident. However, not all injuries attract huge compensations. A lawyer has enough experience and expertise to know if your claim is worth a legal action. He can tell whether you stand a chance to win the case or not. This will help you save time and expenses of preparing for litigation. If your claim is worth pursuing, the lawyer will do all the necessary things so that you get the right compensation.

Alternative Dispute Resolutions

Not all personal injury cases have to go to court. Court proceedings are often lengthy and involve a lot of complicated and costly procedures. Many of cases can be resolved through local settlements involving the victim and insurance company. A lawyer will know whether your case can be best solved using alternative methods. This will save you a lot of time, money and energy.

Better Jury Verdicts

The verdict of the jury is a key determinant in a personal injury case. The decision of the jury can either instruct the insurance company to give you the compensation you deserve or dismiss your case. A lawyer has the experience and skills to argue the case in court and influence the verdict in your favor.

The items discussed above are some of the ways a personal injury can help after an accident. Make sure you hire someone with enough experience to handle the case. A good lawyer should have at least five years of experience. He must also have a good track record and reputation. You can search online or the local bar association to see if the lawyer has been involved in any malpractice.

New Developments in Personal Injury Law in Canada

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Similar to any dynamic sector, the personal injury law and the insurance claims domains too have their own emerging trends. Staying up to date is very important on these trends because you never know which or how one trend might impact your personal injury claim.

Growth of Cyber SurveillanceToday, it’s far easier, cheaper, and more efficient to conduct an online surveillance compared to the conventional method of hiring private investigators who will stalk your target. Cyber surveillance looks at your social media accounts such as Twitter, Facebook, LinkedIn, Pintrest, and MySpace for starters. If you are running any blogs, belong to forums, these will also fall under the purview of cyber surveillance and can be used in a court.

Acceptance of Social Media Evidence

Increasingly more personal accident cases in Canada are beginning to turn to social media evidence. This has prompted lawyers to caution their potential clients to be extra vigilant regarding what they are posting online. In a recent case in British Columbia, the evidence gathered from Facebook factored heavily in swaying the decision of the judge. Tambosso testified before the court that she had been an active, vibrant woman but after a 2008 car accident, she suffered from depression and PTSD. These symptoms were further aggravated in 2010 following another collision. Robert Jenkins, the Judge said that though he had approached the evidence from Facebook with caution, the photos of Tambosso indicated she continued to attend social events and even after the accidents, Tambosso still maintained a social life that was “very active.” The Judge came to the conclusion that her injuries were exaggerated and only awarded her $36,000 in damages.

Rising Cases of Joint Liability

A notable trend is the way joint liability cases are increasingly becoming more common in Canada. These are cases where multiple parties are potentially being held liable for a personal injury. The damage awards are being subdivided according to the respective levels of liability of two or even more parties. Another growing trend is that of structured settlements where the damages are being paid out in instalments rather than in a lump sum amounts.

Psychological Injury Claims

The growing number of claims associated with psychological injury has been a wake-up call to the claims departments of insurance companies. Increasingly, more personal injury claims are now being accompanied by allegations of associated psychiatric or psychological impairment: stress, anxiety, and depression disorders. For instance, in Ontario, claims of psychological injury have significantly increased in the past one decade.

Conclusion

These days, different trends are being seen in the field of personal injury law. These emerging trends have the potential of influencing how lawyers and judges handle different cases of personal injury. Therefore, it makes great sense to stay abreast of what is trending and how your personal injury claim may be affected. It pays to be informed! More online resources are available at Claim Accident Services.

Seeking Compensation for Injuries through a Car Accident Lawyer

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Whenever something that causes injury to the body happens, the first thought is often the amount of compensation it attracts. Without the services of a trained professional such as a car accident lawyer, you may not know the full worth of your case. In addition, you may have to go through years of struggles with tedious processes before you finally make any head way in seeking legal redress. On the other hand, a lawyer will help you understand most of the available options in seeking compensation and what is covered.

Medical treatment

Unless it is a very unusual case, personal injuries involve covering the cost of treatment. It includes refunding of any cost you may have incurred in pursuit of medical care. In addition, the cost of any future treatment or medical care in relation to the injuries is estimated and paid.

Pain and suffering

Some injuries are not only painful but also lead to suffering. Although no amount of compensation can possibly get rid of the pain and suffering, it is simply meant to make everything at least endurable. If you have proper representation by a lawyer like Claim Accident, you may be paid for any loss of income that would result from the injuries.

Claims by Other Members of the Family

Family members can always seek compensation for any financial losses occurring as a result of injuries to one of them. They include loss of income for the injured person and expenses incurred in caring for the individual. In case of death resulting from the injury, family members may sue for funeral expenses in addition to other compensations. People qualified for compensation include partners, children, grandchildren, parents and siblings to the victim.

Loss of Property

Other than physical injuries, you may get compensation for loss of your property or expenses for repairs. Your car insurance company should take care of these losses. In the event it doesn’t, the best option is to contract a car accident lawyer who will help you seek legal redress by initiating a tort claim. The claim involves any loss or damage to any of your personal property, including attire.

It may be judicious to remember that compensations for personal injuries are met by the party who is found to be at fault or by the insurance company. However, it is not always easy to get compensations even when your entitlement is extremely clear. To avoid difficulties that may be add emotional pain to the physical pain, it is advisable to enlist the services of a lawyer.

Besides legal representation, the car accident lawyer should provide guidance through the assessment of the case. A medical report on your injuries may be required. The lawyer can then begin the legal process after considering, among other things, the available laws and previous judgments passed in relation to similar cases.

Determining Fault in a Car Accident

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After an vehicle collision, it may be a good idea to get in touch with a lawyer. He or she may be able to review the case and determine who was at fault for the wreck and what compensation you may be entitled to. How would an attorney attempt to determine fault after an auto accident?

Did Anyone Admit Fault?

If the other driver in the case admits fault, that may be used in any personal injury or wrongful death case that may follow. As a general rule, you should never admit fault or otherwise suggest you may have been culpable for the accident. While it may seem like a good tactic to calm others involved in the accident down, it may backfire when it comes time to negotiate a settlement.

Was Anyone Acting in a Negligent Manner?

If a driver was acting in a negligent manner, that almost automatically makes him or her responsible for the crash. For instance, if a drunk driver caused a crash or started a chain of events that caused an accident between two other vehicles, he or she would be financially and criminally liable for it. Distracted drivers such as those on a cell phone or those who are tired when an accident occurs may also be considered negligent if they are involved in a crash. Speak to a reputable law firm like Claim Accident Law to discuss who was at fault.

Did Anyone Ignore a Traffic Control Sign?

A driver may be considered at fault if he or she ignored a traffic control sign. For instance, if a driver turned right on a red light when a sign said not to or drove faster than a posted speed limit, that driver may be culpable for the crash that hurt you. In cases involving a driver turning left into a car going straight, the driver making the left turn is almost always at fault.

Could Both Drivers Be Responsible For a Crash?

It is possible that both drivers could be at fault for a crash. If both drivers were drunk, they could each bare 50 percent responsibility for the crash. In such a scenario, an injured driver may only receive a partial award for medical bills or other costs related to a crash. This is referred to as comparative negligence or similar language in different jurisdictions.

Those who have been involved in a car crash may be entitled to compensation for their injuries and other costs. However, this is only true if the other driver was at fault and was acting in a negligent manner. An attorney will gather evidence such as a police report or use physical evidence from the scene to help prove your case and get you the compensation that you deserve.