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Car Accidents in Ontario

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Personal Injury

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PERSONAL INJURY ONTARIO

If, as a result of a car accident, you suffer a serious personal injury, you may be able to recover some of your past and future losses. The term "personal injury" is most commonly associated with a type of tort lawsuit where the plaintiff (the person who has suffered the personal injury) is alleging that he or she suffered injury as a result of someone else's negligence.

What this means is that if you suffer a serious personal injury as a result of an accident, however, you were at-fault of the accident, you cannot sue.

There may be many benefits available to you without the need to sue for personal injuries, however, those benefits can only pay out for a set amount of time in advance. An insurance settlement, for instance, will only cover you expenses for a year in advance.

WHERE DO I BEGIN?

The period after any serious personal injury should be completely focused on the physical and emotional recovery of you and your family. At this time, it is absolutely vital for you to seek the aid of a personal injury attorney or a licensed paralegal that has experience dealing with personal injury claims. If you are in a hospital, you may be meeting with a social worker and/or case manager who will assist you and your family over the course of your hospital stay and help co-ordinate with the various health care professionals and with dealing with your claim.

A personal injury specialist is an essential part of the recovery, car accident claim, and cash settlement process, removing many of the stresses that can negatively impact your physical and emotional recovery. A specialist in personal injury law will assist you in understanding your rights and entitlements under the current regulations and ensure that you and your loved ones receive the care and compensation you deserve.

In addition to the medical and psychological aspects of your recovery, there are many details related to your home and work life that will need to be dealt with while you are recovering from your personal injury.

A personal injury specialist plays a critical role in ensuring that your rights are properly protected and that you are receiving the medical treatment you require. If you are wondering whether you really need to speak to a professional the answer is definitely yes.

Getting legal advice from a personal injury lawyer or legal services from a licensed paralegal that specializes in personal injury will inform you of your options, determine whether you have a case, and outline what the next in your car accident claim should be. There is no cost to you for your initial consultation. The legal advice that you will receive during this time is absolutely free. In addition, most personal injury specialists work on a contingency fee basis, which means that there is no cost to you for the legal services you receive until your case is resolved successfully.

WHAT CAN I SUE FOR?

Economic Losses

Recovery of lost income and loss of earning ability plays a big part in the sums allotted for personal injury cases. The payout is limited to 80% of your net income lost before the trial date, and one hundred per cent of your foreseeable gross income loss after the trial. Accident benefits and benefits from other sources such as workplace disability plans will be subtracted from the court awards.

Health-Care Expenses

When suing for personal injury, you may also recover health-care expenses. Recovery for health-care expenses is available to people who have sustained permanent serious disfigurement, or whose personal injuries are deemed to be a permanent serious impairment of an important physical, mental, or psychological function. Accident benefits and benefits from other sources will be subtracted from the final settlement.

Pain and Suffering

Seriously injured accident victims whose personal injuries meet a legislated "verbal threshold" test may sue for pain and suffering, which is a non economic loss. A $30,000 deductible applies, unless the judgement exceeds $100,000.

Loss of Guidance, Care, and Companionship

Where the personal injuries of accident victims meet the "verbal threshold", family members may sue for loss of guidance, care, and companionship under the Family Law Act. A $15,000 deductible applies, unless the judgement exceeds $50,000.

What is the "Verbal Threshold"?

To be able to sue for pain and suffering, the personal injury must result in death, permanent disfigurement, or permanent serious impairment of an important physical, mental, or psychological function. This is referred to as the "verbal threshold".

For further information regarding personal injury please contact us by either filling out the form at the top of the page.

Personal Injury on Private Property

The burden of property owners

Aside from being great hosts and patronizes, property owners have the responsibility of providing a safe environment to guests. Owners essentially create a contract with invited and uninvited patrons upon purchasing the property, promising a safe facility free of life- threatening hazards. Individuals who fail to uphold this contract are guilty of negligence and can be sued for personal injury should an incident occur.

Premises Liability Law

Premises liability law is the special section of tort law that addresses a property owner’s obligation to provide a safe environment. According to the law, there is a standard of care owed to each guest. Such standard is dependent on the type of guest that a person is while on the premises. If, for instance, an individual is invited to a friend’s house for a social gathering, that person is considered an invitee and protected by the highest standards of the law. The property owner is therefore charged to inspect the house before guests arrive and rectify potential threats to safety. If a person cannot repair problems before invitees arrive, he or she must warn them of hazards in order to be released from liability. Failure to do so can result in a lawsuit if the victim can prove negligence.

Another group protected by personal injury statutes is licensees. Although such individuals do not receive the highest protection under tort law, property owners are required to take certain measures to ensure safety. While they do not have to inspect premises for hazards prior to a licensee’s arrival, property owners must inform guests of dangers. Whereas allowing a guest to fall into a hole without properly warning them constitutes negligence, warning the person of the hole before they fall in relieves the owner of liability. Since a licensee visits property to benefit from rendering a good or service, the property owner is only obligated to rectify hazards that are obvious. While a visibly loose wire is viewed as an obvious danger, carbon dioxide is not as evident.

Although they are uninvited guests, trespassers are given certain rights under tort law. At minimum, owners must warn trespassers of grave dangers present on the property. Whereas a net trap needs no warning, a hidden device that can cut off ligaments requires prior notice. Even though trespassers are violating the law by entering premises uninvited, a property owner can be sued for personal injury if proper precautions are not implemented.

The Key to Premises Liability

The central key to premises liability is proof. While a victim may claim that the property owner breached a safety contract by not repairing all hazards, he must prove that the owner actually broke the contract. It is not enough for a person to say that they were present at a friends house and fell over a lawn chair while attending. An individual must first prove that they were invited to the premises and must provide evidence that the lawn chair was a hazard. Contrary to some beliefs, clumsiness is not a hazard that leaves the owner responsible for damages. Most individuals will have difficulty proving their case, and should seek counsel from a personal injury lawyer. While the attorney was not present when the injury occurred, he or she can use the information presented by thevictim as proof of negligence against the owner.