Following your involvement in an accident which left you injured, the most obvious approach seems to be to get into contact with the insurance company of the person at fault for causing the accident. However, there are exceptions in which said person is under-insured or even completely uninsured. In a situation like that, you may have to look at your own insurer for compensation. Regardless of whose insurance company you have to deal with, chances are that you will have to deal with an insurance adjuster. And that is never a pleasant experience. Read More
Category: Personal Injury Law
Exploring The Different Ways of Settling A Personal Injury Case
Following an accident which left you injured, you may be in a position in which you can file a personal injury claim in order to recover damages from the person responsible for causing the accident. Once the claims process has been put in motion, there are two major ways in which you can settle your claim: Read More
Determining The Value of Your Personal Injury Claim
Depending on the severity of your sustained losses, the amount of damages you can recover after you filed your personal injury claim will vary. Additionally, your claim will also need to be backed by enough evidence to prove that the other person was fully at fault, otherwise you will automatically receive less compensation. Read More
How To Handle Personal Injury Claims Involving Children?
Children are fragile, both in terms of their developing brains and physical state. Thus, when a child gets hurt, it is an extremely serious matter and treated differently than if the injured were an adult. You will need to contact a personal injury lawyer in Waterloo to ensure that there are no missed steps or lack of documentation or evidence that might stop justice.
Recovering Damages For An Injured Child
In Ontario, a child will be able to recover damages for their losses, including damages for potentially lifelong medical care. In many cases, a child will be granted more benefits and damages than an adult with the same injuries. This is because they are often left needing lifelong care which makes it a longer span of time than an adult would need.
Loss of Companionship
The loss of a parent or grandparent can be traumatizing for children and literally turn their lives upside down. This is why children can file a lawsuit in order to obtain compensation for their loss of companionship. Allowances in such cases vary between areas which makes it vital to obtain legal counsel.
Building The Case On Behalf of The Child
Since children aren’t actually capable or allowed to build their own cases and file their own lawsuits, they are obligated to be represented by a lawyer. The lawsuit itself then needs to be filed by a legal guardian or parent on behalf of the child. Once this lawsuit has been filed, the court is in a position where they can designate a person to serve as litigation guardian for the child. In the vast majority of cases, this guardian is either a parent or relative of the child.
Obtaining Court Approval
While not always a necessity, there are cases in which an injured child is incapable of deciding whether a settlement offer should be accepted or not. Under such circumstances, the court will either ask a public trustee to decide if the offer is favorable to the child, or the court will make the decision themselves.
Minors Under Canadian Law
In Canada, the age of majority varies between provinces and even territories, so it is important to check your local laws. However, across all of Canada it is either eighteen or nineteen.
The compensation granted by the court is oftentimes handed to a public trustee or guardian. As a result, they are then able to control when a distribution is made for the care of the child. However, if a parent happens to disagree with a financial decision made by the trustee, they are allowed to request a review process.
Steps To Take When Filing An Ontario Personal Injury Lawsuit
There are several steps you must take if you decide to file a personal injury lawsuit in Ontario. Though you are allowed to self-represent, it will help you get a higher amount of compensation if you hire the services of an experienced personal injury lawyer in Waterloo. Additionally, most of the lawyers follow the steps below when filing a lawsuit so that the insurance company knows you have done everything necessary to receive fair compensation. Read More
When You Should Consider Mediation
The responsible party must pay for damages when improper actions have caused personal injury to another person. Financial reimbursement to the victim is usually paid by the insurance company of the responsible party, who is known as the defendant. Financial compensation from the defendant’s insurance company is awarded to the injured victim to help you or your family’s life return to before the accident happened. The amount of compensation differs if personal injuries are life altering or extremely serious. In the past these compensations have been awarded in court. Alternative methods of resolution have now become available, mediation being one of these methods. Read More
Suggested Strategy For Negotiating A Claims Settlement
Over the years, insurance companies have learned how to put pressure on a policy holder that hopes to obtain a fair compensation for his or her injuries. By the same token, lawyers have learned how to apply a bit of pressure to any insurer. Fortunately, some of the tricks used by lawyers can become part of a policy holder’s strategy during the negotiating process. Read More
Factors That Can Increase Or Lower The Value of A Personal Injury Claim
A unique set of circumstances surrounds every accident that takes place. In addition, every person involved in an accidental occurrence has a unique background and a specific group of injuries. Still, Personal Injury Lawyer in Waterloo knows certain factors can raise or lower the value of any personal injury claim. Read More
Understanding Rear-End Collisions And Who Should Be Held Liable For Them
When a driver hits the back of another vehicle with their own, we refer to it as a rear-end collision. Such accidents are, unfortunately, common place at intersections at which approaching cars oftentimes travel at too high speeds which makes them incapable of stopping on time. Read More
Understanding How Prolonged Immobilization Due To Long Term Disability Affects Your Personal Injury Claim
Both longer-term disability lawyers and other personal injury lawyers in Waterloo are familiar with the negative effects of prolonged immobilization in the aftermath of a serious injury. They also know that sometimes, it is actually that period of immobilization that leads to long-term and chronic problems down the line. Because of this, an experienced lawyer will know how to adjust and build up your claim so it doesn’t just account for the injury itself, but also the prolonged immobility and its effects during recovery. Read More