Legal Help Blog

As a claimant/plaintiff, one of the most important things to remember is the importance of filing a police report after an accident. It is in your best interest to get a copy. Remember that law enforcement agencies and municipal authorities arrive quickly on the scene. They are there to help those who witnessed the accident. It is important to interview them or take eyewitness accounts. This is what an Injury Lawyer in Etobicoke can tell you.

Discussion of a case

An Injury Lawyer in Etobicoke is familiar with the process of gathering and detailing police reports. This is why the official process is so important. The report can contain more than just crucial details. The report may include important details as well as a statement from the inspector or officer expressing his opinion on the at-fault individual. It is in your best interest to obtain the same report. Your lawyer will make sure that the report includes a detailed, accurate and timely illustration of both the accident and the injuries. You can request an amendment to the police report if the report does not include these details.

Getting legal help

A request for the report can be made to your Injury Lawyer in Etobicoke. It is important to focus solely on your recovery after an auto accident. You shouldn’t attempt to recover monetary damages if you are suffering from severe injuries, pain, suffering, or both. Reliable lawyers can help you recover damages for your losses and injuries. A lawyer can use every resource to protect your legal rights. They will work tirelessly to represent you during the trial phase.

On case readings

An injury attorney in Etobicoke will be able to cover all of the value or worth of your case. Reputable firms have helped their clients recover more than $800 millions. You can contact their staff to schedule a free, no-obligation consultation or send an email. It can be difficult to find a competent lawyer. Consider multiple factors when choosing a lawyer. These aspects should be incorporated into your resume and personality. Both the company’s reputation and its resume are equally important.

A conclusion

It is in your best interests to compare the common elements of different law offices. To get an in-depth explanation, interview the top lawyers in the area. Reputable attorneys and law firms are the best choice. You need to be able to see the professional image, have a great deal of experience and recognition in the field. Once you have identified these key points, you can begin to search for the most relevant and important qualities and resources related to your case or legal representation. It is worth it to hire a skilled injury attorney in Etobicoke.

When it comes to car accidents, the drivers who are driving the vehicle are deemed responsible for the accident and are implicated in the same. This is how normal car accidents and personal injury laws work. However, there can be certain circumstances wherein a person can be held liable for someone else’s driving. Sounds surprising? Well this does happen in some exceptional cases wherein the law holds the defendant responsible for the reckless driving of someone else and decides to punish them by way of asking them to pay the compensation to the victim or penalizing them for the same. The best bet for someone involved in such a situation is to reach out to an injury lawyer in Collingwood who would be able to help you with how best you can avoid this situation.

The first scenario wherein you can be held responsible for someone else’s driving is when you ask your employee to drive your car. If your employee is driving your car to perform some of the duties you have assigned them to do, and meets with an accident on the way, you as the owner of the car and also the employer who set them out to do the task at hand. Therefore, no matter how many arguments your injury lawyer in North Bay gives to the court, you will be penalized for the mistakes made by your employee on the road.

Another situation where you would be implicated for someone else’s driving is when someone borrows your car and ends up being in an accident. Therefore, if you generally ask your injury lawyer in Sarnia, he would suggest that it is not a good idea to lend your car to someone else as any mistake on their part can implicate you. However, still situations come across wherein one has no choice but to lend their car to someone else in times of emergency or otherwise.

In case, you have a car insurance and are covered by the policy, there might be some exceptions which may bar you from paying from the policy coverage in case your vehicle was being driven by someone else. Therefore, mostly your injury lawyer in Collingwood would ask you to get your family members included in the policy so that if one of them is driving the vehicle when the accident happens, you can still get coverage and pay up from the policy rather than having to spend from your own pocket.

There is absolutely no doubt in the fact that lending your car to your children can be troublesome and so can be lending your car to an incompetent person to drive. In such cases, not only would you be penalized with monetary compensation, but you may also have other charges which can further implicate you.

In severe accidents like hit and run mishaps and fatal injuries, you need a Personal Injury Attorney in Sudbury to underline the legitimacy of your claim. The purport and purpose of insurance is to rebuild your life, helping it to get back on track. An insurance coverage means bringing your condition before the mishap in front of the court and other defense counsels. It’s a foregone conclusion that it applies to accidents where you don’t have any other choice but to live with severe, debilitating injuries. It also includes accidents where people meet their demise by succumbing to personal injuries.

Understanding fatal injuries

The untimely death of a family member can have a lot of financial repercussions on the surviving family members. You need to know that funeral procedures and arrangements can be emotionally draining and very costly. If the departed soul was the sole bread earner of the family, you know how it can compound the situation. If the deceased contributed to income of the family or was the only earning member, it will surely have a serious and long-lasting impact on the other members. Consult a Personal Injury Attorney in Sudbury  to find a comprehensive solution to the problem.

Follow the basics

When you stare at financial wreck and ruin without premonition, everything can be at stake. It creates a huge barrier between losing your property and making a proper mortgage payment. Concisely, there are specific cases where you can find members of the family making a solid insurance claim on behalf of the deceased. They are entitled to do so. They are entitled to get he benefits. The eligible people are the spouse, children, parents, and step kids of the person. A Personal Injury Attorney in Sudbury can help you in preparing and pursuing a claim.

The legal ambit

A Personal Injury Attorney in Sudbury can handle a wide gamut of fatal accident claims and cases. You can trust their experience and expertise in these things. Fatal accident claims can include a range of insurance claims. These entail death benefits and pension plan of the country. There are specific claims that include life insurance, no-fault benefits, and funeral expenses. It also includes head of household indemnity. You need to bear in mind that fatal injuries can be some of the trickiest and most difficult ones to handle. The attorneys can provide no-obligation, free consultations to help you know your claim with objectivity.

Reasons to hire

One of the persisting questions that every injury victim face is do you really need a lawyer? Well, hiring a lawyer as your legal representative is totally your prerogative. It’s optional. You have the freedom to handle your insurance papers, negotiations, and navigate your claim if you want to. You also have some people who do that to save expenses on a lawyer, but you need to know that outcome is not in your best interests. Claimants without legal protection and resources is vulnerable in front of the insurance agencies and defendants.

When a person dies due to the fault of another person or entity, the family of the deceased are well within their rights to bring in a wrongful death lawsuit against the responsible person or entity. A wrongful death claim can help the family in getting compensated for the loss that they have undertaken due to the death of the person in question.

They can be compensated for the damages that they have sustained due to the loss of income that the deceased brought to the family and also the pain and suffering that they had to go through due to the death of that person. While the family of the victim can file the claim themselves and are free to do so according to the law, it is still suggested that they should take help from a good injury attorney in Bradford since the kind of experience and expertise that an attorney would bring to the table would be unparalleled.

A wrongful death claim comes to life when a person dies due to the legal fault committed by someone else. A wrongful death claim can include fatal accidents, medical malpractice cases, or any other mishaps that can lead to the death of a person. In these cases, people, companies and even government agencies can be held responsible for a wrongful death. When it comes to who all can file a claim for wrongful deaths, your injury attorney in Woodbridge would tell you that it has to be filed by the representative of the family who are suffering due to the death of the victim. This representative is normally the executor of the belongings of the victim. Some of the people who can file the claim as the representative include immediate family members like spouse and children and may also include adopted children; life partners including putative spouses; in some cases, even distant family members like brothers and sisters; parents of a deceased fetus; and all other people who are suffering financially due to the death of the victim.

Your injury attorney in Newmarket would tell you that you can file a claim of wrongful death cases. These can be filed against anyone who is directly responsible for the accident like the driver of the car which hit the victim or the owner of the premise where alcohol was served and also some people who are indirectly responsible for the mishap like the government agent who could not provide warnings or the manufacturer or seller of a defective product.

The one catch that may cause problems for the family, who are looking to file a claim like this would be that some government agencies or people would be immune to the lawsuits. Therefore, they cannot be sued. If the accused in your wrongful death claim is someone that has immunity, your injury attorney in Woodbridge would suggest that you do not file the claim.

Having said that all personal injury plaintiffs deserve a compensation isn’t true. You need have a fair knowledge of what to do and more than that what not to do to ensure you get compensation. To start with, it is vital that you consult with an Injury Lawyer in Owen Sound. They will explain the common mistakes worth avoiding during the procedure to claim compensation.

Delay in Attaining Medical Attention:The biggest mistake a personal injury plaintiff may commit after an accident is not seeking medical attention. This will not only increase the chances of infections but also may deprive you off the medical evidence for your accidental injuries.

Missing Accident Details:Secondly, don’t forget collecting the accident details right after the accident from the accident spot. Do jot down details like the date, time and venue of the accident, defendant’s contact information, and other similar details about the accident. When you note these details, it will be easier for you to hand these over to the local police for a clear investigation.

Delay in Informing Local Police:Similarly, don’t delay in informing the local police about your accident. According to an Injury Attorney in Windsor after reporting to the police, make sure to collect a copy of the police report for future reference of your case.

Failing to Collect the Evidences:Up next, we have seen many plaintiffs simply losing out their claims just because they commit the mistake of not collecting the relevant evidences to support their case. So, the suggestion here is to get evidence, like accident photographs, videos and eye-witness statements.

Delay in Reporting to Insurance Company:At the same time, Injury Attorney in Kanata knows that one must not delay in informing the insurance companies about the accident. Otherwise, these cunning companies get a bright chance to either deny or deduct your claims on the basis of late information and missing investigation.

Giving Statements Regarding the Accident:Another big mistake to avoid right after a personal injury accident is to avoid giving statements about the accident to anyone. You must refrain from doing so unless you first consult an efficient Injury Lawyer in Windsor. This is because, these statements may lead to lower the compensation.

Not Hiring a lawyer:Also, don’t commit the mistake of not hiring an experienced lawyer for your personal injury lawsuit. No matter, how confident you may be to deal with your injury case, you may still not be as professional as experienced lawyers. So, do hire them for legal advice at the earliest.

Don’t Panic: Last of all, don’t panic right after the accident, instead control your emotions, get medical help and look for further steps to take. Besides, when trying to settle you claim, don’t hurry to accept the offer made by the insurance adjusters. This is because, the first offer they usually make is the least they will offer. You must reject it and ask for clarification for such an offer and patiently and politely request for a higher amount.

If you have been harmed or injured by using a product which was defective, you can go ahead and file a defective product liability claim. It is best to take the help of your personal injury lawyer in Niagara Falls who would take care of the legalities of the claim. While it is true that the range of defective product liability is huge, the cases mostly depend on three factors namely, defective manufacturing of the product, defective design which led to the mishap or the failure on behalf of the manufacturer or seller of the product to provide accurate warning or instructions to the customers on how to use the product. When you are able to understand these three categories properly, you would know the basis of your case and also if you can actually go ahead and file the case.

Most states have the same laws for defective product liability cases and your personal injury attorney in Niagara Falls would be able to tell you about it. One thing that your attorney would tell you is that you can only prove a defective product liability case if you are able to prove that the product was defective and the defect caused the injuries you suffered from. The easiest to prove of these is the defective manufacturing liability since it can be easily proved that there was some error in the manufacturing and therefore, the product is different from others of its category. Accordingly, the plaintiff should be compensated for the same.

The second type of the product liability cases are because of the defective design issue. In this your personal injury attorney in Niagara Falls would have to prove that the design of the product in question is dangerous or defective. These defects do not arise from a defective manufacturing of a product but rather the entire range of the products is problematic as a fault design was manufactured. It does not take into account that the product was manufactured according to the manufacturer’s instructions. Even in these cases, you need to prove that the injury was caused by the defective design that led to the mishap.

Your personal injury lawyer in Niagara Falls would tell you that the third type of product liability claim is that of the failure on behalf of the manufacturer or the seller to provide the customers with the warning or instructions that would be needed to safely operate the product and that failure led to the injuries. As a plaintiff you will have to prove that the injury happened due to the failure to provide instructions. Therefore, you should be compensated for the injuries and the stress and suffering that you had to go through due to the same.

Since it takes a considerable amount of time to file an accident benefits claim, it’s an imperative to preserve every bill, receipt, or document that you can associate with your injuries, medical treatment, diagnosis, and damages and losses. You need them to track down and monitor your out-of-pocket expenses. A Personal Injury Lawyer in Belleville will include each of these expenses in the settlement. Even when you’re staring at financial dissipation and emotional turmoil in the aftermath of an accident, these expenses become a heavy, unavoidable burden on you. Since you don’t have any fault in the accident, the lawyers make sure you recover the money.

Roping in every resource

There are times when a Personal Injury Lawyer in Gloucester can bear your expenses and update you about the pathways. They are compassionate enough to understand that you might not be in a position to incur each and every cost like session charges or application fees in the court. They can even pay your medical bills at times, if need. The lawyers provide you with each receipt and underline the reasons. They include the money in the percentage they take from your settlement. That’s their legal fees. They don’t charge any extra fee.

Negotiating with your insurer

It’s also crucial to tell your organization or employer. If your physician asks you go off work or gives certain restrictions, you need to notify your office without delay. Explain the entire situation and provide your medical bills and prescriptions. Depending on the magnitude of your injuries and the number of days you need to go off work, you can get sick leave as well. Channelizing your resources is the key here. However, the main problems arise while talking to your insurance firms. The first thing is to open or buy a policy with your insurance company.

About the claims

Your policy or claim will run for a stipulated period of time after the mishap. You need to remember that insurance claims involving pedestrians and cyclists are very different than regular auto accidents. Contrary to auto collisions, you generally start by initiating a claim with the at-fault driver’s insurance carrier. You don’t ask your own vehicle insurance in this regard. It’s in your best interests to talk to a Personal Injury Lawyer in Fergus before starting the insurance claim process. You can leave that part to your lawyer. If your insurance agency contacts you, you can question sectional benefits and modality.

Know the pivotal points

You need to speak to a Personal Injury Lawyer in London before writing or talking about the clauses in your policy. Always remember that insurers work to represent the at-fault motorist or the bus operator. Your best interests are not in their top interests. It’s also crucial to get the insurance details of the concerned driver. It can be an uphill task to remember each and every thing at that particular time, but your driver’s details can be very beneficial in the long run. The deft attorneys can take care of everything after you hire one.

In a personal injury case, if a person has suffered injuries due to the negligent, reckless, or intentional actions of someone else, then the monetary compensation offered to the sufferer by the court is legally termed as “damages”.

The two basic categories of compensable damages awarded in personal injury claims are “general damages” and “special damages”, also known as non-economic damages and economic damages respectively.

What are general and special damages?

General Damages: The compensation that is awarded as a reimbursement for the direct effects of the accident. The money offered is meant for a few subjective injuries as mentioned below.

● Physical pain and suffering

● Mental and Emotional trauma and anguish

● Injury or Impairment

● Lowered quality of life

● Loss of enjoyment

● Loss of companionship (offered to family members in case of wrongful death)

Calculation of general damage is a challenging aspect as none of the losses can be measured in actual terms. If an individual wants recompensation for their claims under general damages, then they will have to convince the insurance company that their damages are real.In most cases, the problems claimed to be compensable under general damages can be verified by the medical personnel in charge.

Special Damages

Special damages are the compensation offered for the actual documented expenses that the sufferer has incurred. These include the quantifiable financial losses, some of which are-

● Medical Bills (for both short term and long term treatments)

● Property Damage

● Transportation Cost

● Loss of source of income

● Loss of earning capacity

Unlike general damages, these are easy to calculate. They are straightforward as they are calculated and awarded, based on the actual damage.

Brill Law

112 Woodlawn Rd #216
Dartmouth, NS B2W 2S7, Canada
902-706-5297

Claiming General and Special Damages

To get the maximum compensation, one must be able to assist their claims with convincing evidence of the losses incurred by a person. In support of the monetary recompensation claimed by the victim, the at-fault’s insurance company will have to be provided with some documents mentioned below-

● Copies of the medical bills (both short term and long term treatments)

● Documents proving the damage caused to one’s property damage(vehicle, accessories, and other possessions)

● Records showing the time that they had to miss work and the resulting income they had to lose.

● Medical Certificate stating the period that patent has been exempted from their work and general activities

Together, both of these damages can add up to a significant amount of monetary compensation, based on the nature and seriousness of the injuries incurred and damage caused. It all depends on the skills of the solicitor in influencing the amount of the total money to be compensated. With the help of an experienced personal injury lawyer, there are better chances of receiving the maximum compensation, both for general as well as special damages.

If you are injured due to the fault or negligence of someone else, it is termed as a personal injury accident. Newborns can suffer with birth injuries, while for adults, these accidents may take place in different forms like slip and falls, product liability, motor vehicle accidents, dog bites and so on.

However, the plaintiffs of such accidents have a right to sue the defendants for the damages. This whole process can be simplified once you understand the basic elements of a lawsuit from Personal Injury Lawyer in Bolton.

Establishing the Injury

The first basic element of a personal injury lawsuit is establishing the injury. In other words, you first need to be sure whether you actually suffered an injury due to a personal injury accident.Personal Injury Lawyer in Oshawa knows that the injury should be such that you can demand claims for it with solid medical proofs.

Negligence

Actually, accidents leading to collecting damages depend on negligence of someone else resulting into the injuries of some other person party. So, quite relevantly, it is important to prove whose negligence resulted in a personal injury accident.

Causation

Likewise, a plaintiff must be able to prove the causation between the accident and negligence of the defendant as the main cause of the injury. In short, the plaintiff must be able to prove that the injury is due to the personal injury accident and not a pre-existing injury.

Collecting Evidences

One of main elements of winning a personal injury lawsuit, which is none other than collecting the right evidences. These evidences can be either accident photographs, videos, CCTV coverages, eye-witness statements, blood-stained clothes, damaged property due to the accident and so on. More than collecting the evidences, Personal Injury Lawyer in Peterborough knows thatit is important to keep them safely until the trial gets over in the favor of the plaintiff.

Determining Liability

One of the key elements of a personal injury lawsuit is liability. According to a Personal Injury Lawyer liability in such cases actually depend on the concept of duty of care and breach of duty. Whosoever is found breaching the duty of care towards the plaintiff that led to the accident is held liable on the basis of the right evidences.

If all the above-mentioned basic elements are still not clear to you, consult a Personal Injury Lawyer. A lawyer can help you analyses your case and understand the basic elements essential to know before starting the lawsuit.

Today video cameras are present everywhere like the intersection and the red lights there, store security cameras, parking lots, and office buildings. Most people today carry a phone with cameras installed. Taking photos anytime, anywhere is the easiest these days. As the personal injury lawyer in Whitby says, the insurance companies use this to deny or reduce your claims for damages and injuries sustained in car accidents. With cameras everywhere, even when one does not catch the incident, another one likely did. Insurers use the footage captured during the incident for proving or disproving liability.

According to the personal injury lawyer in Whitby, the insurer can even use the footage from the individual’s home or at public places. They aim to show that the plaintiff exaggerated the injured. Working with an attorney is the best thing because they understand the way insurers use video surveillance and respond to the issues appropriately. You might wonder about the reasons the insurers use video footage in a vehicle crash. They use this for challenging the validity of the claim of victims and contest liability. The company wants to maximize the premium payment amounts pulled in yearly. They also want to minimize the losses paid in claims as the personal injury lawyer in Whitby says.

The insurer uses the surveillance footage from accidents for asserting contributory negligence. To secure any recovery in injury claim you may have to be completely blameless. With people sharing even 1% responsibility for the crash, they may not get any compensation. They may use such evidence to prove the fault of the plaintiff. Your lawyer helps you to respond in the right way to the use of video by the insurer to undermine your claim. You may want to know whether they can use the footage as evidence in the case.

According to the personal injury lawyer in Whitby,this depends on the capturing of the footage and the location of the capture. The traffic camera may capture this at the accident scene so this has good use especially to the insurer almost without any problems. When they hire an investigator to stay outside the door of the plaintiff to record footage for denying the claim, using this effectively is not always possible. When they do not have the necessary permission, it may cause problems for the insurer.

The personal injury lawyer in Whitby may prevent its use at the trial by proving that the company obtained the footage illegally. Problems may occur, when they did not disclose their intention to use this video in the trial, it is spurious, or is irrelevant to the injuries you suffered or the accident. The lawyers use their knowledge of the evidence rules to handle your case.