When you lose a loved one because of the negligence of another you have the right to certain recompenses. Monetary compensation can be sought against the loss of a loved one to help with financial difficulties that often come in congruence with the emotional hardships. To gain recompense because of the loss, a wrongful death claim will need to be filed against those who are responsible. More importantly, a wrongful death claim needs to be filed within the guidelines for timely filing as there are specific statutes regulating these matters. It has been seen that oftentimes, the statute of limitations expanses 2 years. Read More
Category: Personal Injury Law
Why Do Medical Malpractice Cases Need Serious Considerations?
Now, there are quite a lot of different personal injury claims that you are entitled to file, should you find yourself injured as a result of the negligence of a third party. This is definitely something that you need to account for. Different cases have different gravity and merit to them but medical malpractice cases are particularly serious. The reason for this is because they oftentimes result in catastrophic injuries. What is more, they also have a significant psychological impact on the victim because they tend to happen as a result of the negligent behavior of the person who is supposed to help you recover – the doctor or his staff. Read More
Specifications To Consider In Wrongful Death Claim In Ontario
Now, the loss of a loved one is a dramatic event that is incredibly traumatic. However, it’s some conciliation that the Family Law Act of Ontario sets forth the rules and regulatory provisions regarding those who are entitled to file a claim in situations of the kind. The court is going to assess and award damages to the claimant if the deceased would have been entitled to those particular damages had he survived his own injuries. Read More
Considering the Costs And After-Effects Of Fatal Accidents
Personal injury is an incredibly broad and vast area of the law and it manages to envelop a wide range of different causes. Unfortunately, in certain circumstances the accidents which this type of law governs are going to end with a fatality. Wrongful death cases are particularly hard to go through as the grief and pain of the siblings and relatives is definitely impactful. However, after a certain time has passed, the inevitable has to be considered. You have to take action in order to get what is rightfully yours in a grief-stricken situation of the kind. If a loved one has passed away as a result of an accident or negligence, you have to take lead and file your compensation claim in order to ensure that justice is due. Of course, all that sounds a lot easier said than it’s actually done. So, with this in mind, the following is going to provide you with a few insights on what to expect from a case of the kind.
Identification of Damages
We should begin by identifying the damages that you could actually claim. The first thing that you should consider is the funeral cost, of course. Even though it may not seem like something considerable, expenses for a funeral can get as high as $12,000 which is definitely not inconsiderable.
Medical Expenses: The next thing that you should consider filing for are the medical expenses incurred by the deceased throughout his stay in the medical or rehabilitation facilities, provided he has stayed in such facilities. All of these are fully recoverable as per the current legislation and they are proven with common paper trails such as medical receipts, rehabilitation contracts and basically everything that stems out of an authority and stipulates an expense.
Loss of Income: This is also claimable. You would be able to claim partially the amount of money that the deceased brought home for a certain period of time. These are variables based upon the situation and it’s impossible to entail them all.
Loss of Companionship: Furthermore, you can also claim damages under this category. These are the pain and suffering that you had to go through as a result of the loss. Keep in mind that these are the only type of damages that you can claim in this regard. Claiming pain and suffering on behalf of the deceased is highly unethical and therefore – completely out of the picture.
As you can see, you have a wide range of options and possible courses of action so you shouldn’t waste any more time. Even though it could be challenging and intimidating, this is something that has to be taken care of and the sooner you do it the sooner you’ll be done with it. It is best to contact the personal injury lawyer in Waterloo so that the legal firm can give you appropriate support and assistance.
Understanding the Limitations of Personal Injury Claims
Many individuals are so overwhelmed after sustaining injuries in an accident in the cities of Oakville, St. Catharines, or Waterloo that they have a confusing and difficult time of determining what they should do next. They have a lot of questions that need to be addressed such as:
· “Are my injuries severe enough to warrant compensating me?”
· “Is there a time limit for filing my personal injury claim?”
· “Should I contact a personal injury lawyer?”
· “What can I be compensated for?”
· “Will the severity of my injuries have an impact on the amount of compensation that I receive as a settlement?”
While these questions are very common among injury victims, it’s vital that you ask them when discussing your circumstances with your lawyer. Remember, there are time limits that you have to adhere to when filing your personal injury claim if you intend on getting compensated for your injuries.
Whenever you sustain injuries in an accident that was caused by someone else because they were negligent, you have the right to claim a specific amount as compensation for your injuries, damages and losses. That compensation will help you recover:
· attendant care
· housekeeping costs
· loss of income (past and future)
· medical expenses (past and future)
· pain and suffering
· property loss
Regardless of how minor or severe a person’s injuries are, they can overwhelm you and seriously disrupt your life. The damages you could be entitled to for the injuries you’ve sustained and the consequences thereof are determined by assigning a dollar value to them. This is how your personal injury lawyer will determine what your case is worth or the overall value of it for settlement purposes. They will be able to estimate the amount of compensation you can demand and accordingly file for the claim.
On a precautionary note, there is one significant issue that every personal injury victim needs to be aware of after their accident. Personal injury claims in Oakville, St. Catharines, and Waterloo have certain monetary and time limitations that every injury victim must adhere to in order to receive the compensation they are deserving of. The more you realize and understand about these limitations, the more you will be prepared if you ever sustain injuries in an accident.
Speaking with a personal injury lawyer after an accident is always your first task after receiving medical care and treatment. It’s also the best way to learn about these claim limitations discussed above and understand them so that you and your personal injury lawyer can move forward with your case. The importance of being aware of these limitation dates cannot be overstated as you have to act quickly in order to file your personal injury claim on time. In most cases, you have a maximum of 2 years to file what is called a “Statement of Claim” at a courthouse.