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.

How Your Physician plays a vital Role in your Personal Injury Claim

By nature, the injuries that a person sustains in an accident that was caused by another person’s negligence are personal.  Whether there are two injured drivers or two injured people in the same vehicle, there injuries will most likely be very different.  Furthermore, the healing and recovery periods involved will probably be different as well.  However, one thing is certain regardless of the circumstances.  The treating physician will have solid records and be willing to provide testimony that impacts a personal injury case.

 

While your physician plays a vital role in your personal injury claim, the insurer will try to portray you as not being truly injured if you don’t get treated by a physician.  They do this for three reasons.  First of all, they try to keep their expenses to a minimum and secondly, it’s all about their bottom line.  Third and most important, they really don’t have your best interests in mind – even when you’re their client.  So whether you were injured in Oakville or St. Catharines, be sure you visit your doctor.  Your personal injury lawyer in Waterloo should also help you maintain contact with your physician.

 

Evidence in tort cases

 

This is one of a few ways of securing what could be some extremely valuable evidence in your personal injury claim and case.  Family physicians are educated and trained in a wide range of medicine and can diagnose your condition, prescribe medications for you, provide care and treatment, and refer you to a specialist if it becomes necessary.  Plus, your physician works in conjunction with a professional healthcare team of experts that include dieticians, nurses, nurse practitioners, pharmacists and rehabilitation therapists.

 

Role of doctors

 

Whether your case is in Oakville, St. Catharines, or Waterloo, these professionals are there to ensure that you receive the benefits from their diverse perspectives and their medical skill sets.  However, they all collaborate with your physician to ensure that you are given the best care and treatment possible.  In addition to care and treatment, your physician can also play a significant role in your case by:

 

·         during your recovery and rehabilitation

·         keeping your personal injury lawyer current on your condition

·         monitoring your daily progress

·         referring you to a rehabilitation therapist

 

They will also provide documents regarding the type of injuries you’ve sustained in the accident, as well as how severe any injury-related symptoms may be.  By regularly visiting your treating physician as scheduled, they will be able to compile detailed documentation regarding your injuries.  In the long run, this could prove to be extremely valuable where the outcome of your claim and case are concerned.  Your physician could also play a significant role as a key witness in your claim including emotional and psychological side effects that you may be suffering with. That is why lawyers work closely with medical practitioners as without them proving the injuries can be difficult.

How Does Insurance Act of Ontario Cover Motorcycle Accidents?

Motorcycle season is already here and it’s important to exercise extra care when driving on the road. You should already know that motorcycles provide absolute no collision protection and the only security you get is offered by your protective gear. However, accidents happen and you should be well aware of how to handle yourself if you’ve been involved in an accident of the kind.

Accidents lead to disputes

The first thing that you’d need to understand is that only about 10% of the accidents lead to a dispute which may be resolved in court. The other 90% are basically resolved on the insurance phase because of the “No-Fault” rules set forth in the province of Ontario, but more on that later. The first thing that you should do when you are involved in a motorcycle accident in Waterloo is to call the police. If the accident is serious they are going to be on their way and they’d be present on the scene. However, if it’s nothing serious you’d get to be re-directed to nearest Collision Report Center where you’d have to file a few papers.

Nevertheless, that’s basically all you have to do, provided that the incident isn’t that serious. The “no-fault” rule would be enforced and you’d receive your compensation directly from your own insurance company. This is how things work because of this particular rule. The “no-fault” rule is set forth in the Insurance Act of Ontario and it stipulates that regardless of whether or not you are at fault, you’d get compensated by your insurance company. Of course, fault is going to be distributed.

This is done by according to and pursuant to the Rules of Fault Determination dully outlined in the same Insurance Act. Under those rules each party would allocated with a fault ratio varying between 0% and 100%. Even though this is not going to be reflected on your compensation, your insurance premiums are going to get increased as of the next year. This is because you’d be pinned as a risky driver and the insurance company would take this into account when calculating your insurance amount.

However, you should also know that if you’ve sustained substantial orthopedic injuries or brain traumas or spinal cord injuries or basically any kind of serious injury in Waterloo – you’d be entitled to pursue the matter to court. If that’s the case, you’d have to file a civil compensatory claim asking for compensation above the one provided to you by the insurance company as per your insurance policy. This is going to trigger a civil court procedure and you might want to contract a personal injury lawyer in Waterloo to handle it. In any case, this is going to take a lot more time and legal expenses as well as lawyer fees, so make sure that it’s well worth it.  It is best to consult a legal firm or an experienced lawyer that has dealt with such cases on a regular basis as they are conversant with all aspects of the law.

How Do Lawyers Charge For Their Services?

Though there isn’t one answer about it, if you are looking to retain a lawyer in Toronto, it helps to have an idea about how they charge. Though most lawyers aren’t upfront about discussing the fee, you need to have an idea before you schedule an appointment. Basically there are three types of payments that lawyers charge and here is more information about it.

Flat fee: The lawyers that deal with incorporations, wills and estate issues, real estate usually charge a flat fee and offer a break-down of the services including out of pocket expenses, which are added to the bill.

Hourly fee: This is usually done by family lawyers and they have a retainer fee that has to be paid in advance. The fees are paid on the work put in by the lawyer and are not based on the type of case or the outcome. The legal recourse cannot be anticipated or guessed and that is why you cannot expect them to give you a quote. From $3000 to $10,000 as upfront retainer fee, they will only start with the case when it is paid. Hourly fee varies as well, depending upon the size and experience of the legal firm.

Contingency fee: This fee is usually accepted by personal injury lawyers for those who cannot afford legal assistance. These are based on recovery which means that if you receive compensation you pay a part of it. That is why most people prefer this over upfront retainer fees. As a personal injury lawsuit is about long term negotiations for getting the right compensation. When the injury lawyer in Waterloo or Toronto takes your case, he is of the view that they will be paid as your case will win the compensation that you deserve. However, in a rare instance that the lawyer is unable to negotiate a settlement, you still need to pay the lawyer for the out-of-pocket expenses. And if the case is settled in your favor, apart from paying the lawyer the share mutually decided upon, you need to pay for the out of pocket expenses which are over the percentage of fees.And in Ontario, there is 13% Harmonized Sales Tax (HST) which is added to the lawyer’s fee. This is irrespective of the services rendered and is a compulsory fee. Thus, when you are calculating fees, don’t forget to add it.

Most lawyers don’t discuss fee right from the start as the legal profession is traditional and they don’t advertise it either. They usually have non-negotiable fees so you can ask questions and get your queries clarified, but don’t try to negotiate the fee. And it is important for the lawyer that you hire to work with you, not a group of interns. Thus, ensure that you select the right lawyer. You might have to look at the qualifications, experience and successful cases that they have resolved before you hire the legal service.

Claiming Medical Expenses after a Car Accident

Most people contact a personal injury lawyer when the hospital and medical bills are mounting and they are confused about the right insurance company to pay their bills. If you are trying to fathom the answer, it will depend upon whether you were a passenger, driver, pedestrian or a cyclist when the accident took place. Additionally, it will depend whether you have a private health and medical coverage or the medical cover is through your spouse.

Payment of medical bills

You need to know that when you are a passenger or driver in your own car, you need to get the claim from your insurance company. But if you are passenger in a car that is not your own, you will need to claim compensation from the company that had insured that car.In case you were a cyclist or pedestrian, you will have to make a claim from the insurance company which had covered the vehicle that hit you.

Application of the right section of the auto insurance policy

As per the standard vehicle insurance policy in Ontario, under Section B, it is stated that if you have been hurt or injured in a vehicular accident, you can claim $50,000 as medical compensation. This is given within two years from the accident and includes medical costs for surgery, prescription medicine, physical therapy, occupational therapy ambulance service, nursing care. You are given the coverage for four years and after that you have to fund your treatment through private insurance or claim it from the person who caused the accident. It is important to understand all aspects of the insurance policy. The auto insurance policy is divided into different sections:

·         Section A of the insurance policy deals with third-party liabilities and it is applicable where you are at fault in an accident and other party is injured/vehicle damaged.

·         Section B is about accident benefits or “no-fault accident benefits”. This is useful when irrespective of who is at fault; you are injured in the accident.

·         Section C is about damage and loss to your vehicle includes theft of vehicle.

Then there is secondary pay coverage or excess insurance, which are the medical expense benefits that you get under the auto insurance policy.  This means that if you have a separate policy under group benefits plan or a private insurance policy cover, that stands as the primary insurer and you will have to submit your expenses to them, before tapping into the Section B of the vehicle insurance. Any expenses that the primary insurer does not cover are then borne by the Section B of the auto insurance company. The category is accident and related injury is covered under medical, death and disability benefits.

Thus, you will need to talk with your personal injury lawyer and then decide on the best course of action. They will be able to help you decide what will work best in your particular case.

Looking At Slip and Fall Accidents Within Personal Injury Law

Even though it may not seem so, slip and fall injuries have a great impact on the whole institute of personal injury law. The reason for this is because they demand legislation which holds the owners and managers of premises liable for other people’s injuries. They introduce a new principle of responsibility – one in which negligent behavior on behalf of the defendant is not direct as opposed to other fields of expertise in personal injury. This is to say that the defendant himself didn’t directly cause the injuries with his actions but his failure to provide safety environment did. This is why the slip and fall accident is kind of a precedence in the personal injury institute and this is why it demands a lot of attention.

Occupiers’ Liability Act of Ontario

The city of Waterloo is the smallest city of three in the Regional Municipality of Waterloo. It is located in the province of Ontario. This means that it is going to be subjected to the provincial laws as opposed to governmental ones – if there is any difference of course. The province of Ontario abides by the Occupiers’ Liability Act of Ontario when it comes to slip and fall accidents. This particular piece of legislation sets forth clear rules which limit the responsibility in a way and provide us with concise definitions and instructions.

The law clearly stipulates that besides the actual owner of the premises, the one who has the authorities and obligations to take care of the premises is also held accountable for any accidents. However, the accident must have occurred while the customer enters the premises. However, the law extends this rule and people who have slipped while simply standing on the premise can also claim for compensation. On the other hand, the law also provides clear definition for premises. These are all grounds and constructions which allow access for people. The most common example includes commercial facilities such as stores and malls and what not.

The Occupiers’ Liability Act of Ontario has never been amended. It was consolidated back in 1991 on the 31st of December and it has full effect over the city of Waterloo ever since. However, the fact that the law has never been altered means that it has been properly drafted by taking into consideration the eventual trends and changes in the legislation. This is incredibly convenient because the laws are supposed to protect the rights of the people. The penalties in them are intended to be preventive measures in order to stop people from committing certain misconduct.

This is why it’s important that the laws are actual and up to date in order to satisfy the demand of current social trends. If you have been in a similar situation, maybe it isn’t too late to contact a personal injury lawyer today.

Do Common Orthopedic Injuries Call For Compensation?

Personal injury is one of the broadest institutes of the law. This is due to the fact that there are so many different possible causes from which a personal injury case could derive. Some of the common examples include car accidents, pedestrian accidents, slip and fall, motorcycle accidents, dog bites, product liability and many, many more. However, all these accidents have some things in common – these are the premises for a personal injury claim – the damages, negligent behavior and causality link between the first two. If some of these are missing you won’t be able to actually get the compensation that you are looking for. It’s important to get in touch with a lawyer in Waterloo to provide you with relevant advice.

However, it is also important to lay the relevant attention to the different injuries that may derive from these accidents. The thing is that most of the vehicular incidents result in heavy injuries and in some cases even death. However, the most common injuries are almost always going to be orthopedic. Orthopedic injuries on their part include broken bones, dislocated joints and basically everything related to a physical injury of a certain body part. They are also divided based on the severity of the injury. However, the most common ones of them include:

·         Broken bones

Broken bones are incredibly constant. However, in the majority of cases the injuries are not so grave and the bones are not shattered but really broken which means that it will heal. This doesn’t require a great deal of money as the procedures are pretty standard. However, they are almost always accompanied by grave emotional pain and suffering because you are going to be rendered crippled for at least a month and a half.

·         Dislocated joints

This might be incredibly serious, depending on the particular joint that has been dislocated. Knees for instance, pose a great threat because they are hardly adjusted. This could require the implementation of some medical techniques and means which could get quite expensive. It is also accompanied by a lot of stress because you won’t be able to use your leg for a certain period of time, which is going to cause you incredibly inconvenience.

There are also other types of injuries which result in personal injury. Brain traumas and spinal cord injuries represent the most severe consequences of these types of cases. They are commonly accompanied by long term disability and brain damage that could physically and emotionally cripple a person for the rest of his life. However, the city of Waterloo is under the regulation of the province of Ontario and victims of such accidents are fully entitled to file for the relevant compensation. However, it is important that you contact an experienced injury lawyer and get justice.

Why Are Most of The Personal Injury Cases Settled Out of Court?

Even though personal injury is referred to as a huge division of the law, the fact is that over 90% of the cases in the state of Ontario are settled prior to reaching the courtroom. Most of them are matter of insurance and this is why most of the injury lawyers are generally going to be good at handling out-of-court disputes with representatives of insurance companies. The most important thing that needs to be done is to determine the fault in the situation. Most of these cases involve vehicle accidents.

As per legislative regulations, the insurance companies have to determine the exact degree of fault which has to be assigned to each of the drivers involved in the accident. The purposes for that are variable bust most importantly a determination should be done regarding which property damage coverage is going to apply to the particular accident in order to make sure that the driver who is faulty reimburses the victim as intended by the legislation.

An injury lawyer should refer to the Fault Determination Rules as well as the Insurance Act in order to determine the fault for a particular accident. The Fault Determination Rules are strict provisions which are put in order in order to aid the insurance companies to provide their customers with timely handling of their claims as well as persistent treatment. Once you have filed your report to the insurer, the company has to make an investigation of the particular vehicular accident in order to make a decision regarding the fault as per the provisions set forth in the Fault Determination Rules. The fault is going to be allocated to every participating driver based on the scenario of the accident which most accurately resembles the actuality. If the accident is not within the category of any given scenario then the fault is going to be distributed as per the rules provided by personal injury law. This is why you would need an Injury Lawyer in Waterloo on your side – to make sure that fault is not allocated to you. he or she will work with you to ensure that when you are not at fault, there is no reason to hold you liable for it.

The fact is that a driver can be allocated anywhere in the range of 100% and zero percent fault in a particular vehicular accident. If you are given more than zero per cent you would have an “at-fault” accident on the record kept by your insurance company. This is going to directly impact your premium. An Injury Lawyer in Waterloo should also make a thorough inspection of your insurance policy in order to check how the “at-fault” reflects on the calculation ration and how this will affect the amount of your compensatory damages. It’s also a defending mechanism for attorneys who are representing the perpetrators.