Is It Easy To Claim Damages For Personal Injuries After Motorcycle Accidents?

Motorcycle accidents in Ontario are particularly common. Unfortunately, this is going to get even more common as the spring breaks out and the weather gets warmer. People in the province are well-known for their love and affection for motorcycle riding. To some extent, this is rather understandable as motorcycles allow you to thoroughly enjoy the nature that surrounds you and there is absolutely no shortage of beautiful places in this part of Canada. However, the risks are also particularly substantial. (more…)

Things To Consider About Medical Malpractice Cases

As unfortunate as it may sound, medical malpractice cases are particularly common in the province of Ontario. The reasons for this are rather different and numerous. One of the main causes is the lack of focus in the medical practitioner. Unfortunately, medical professionals tend to go through a lot of stress and these piles up quickly and effectively. Usually, it is just a matter of time for the doctor to do make a mistake and when it happens, the issues are serious. (more…)

Considering Blame And Liability In Rear-End Accidents

There are quite a few different types of accidents which could occur on the road and a rear-end one is amongst the most common cases. While the majority of us are programmed to believe that it’s the driver at the back who’s always at fault, this is not always the actual case. It is important to understand the way in which fault is determined as well as the role that negligence pays in this in order to ensure that you have a valid and properly backed-up claim against the other driver or the insurance company. (more…)

Knowing when to Hire a Personal Injury Lawyer

Personal injury lawyers will tell you that it is difficult to estimate the extent of a person’s injuries in these types of claims.  Long after your accident has occurred, you might assume that the mild headache you are dealing with has nothing do with it when in reality it is directly attributed to it.  Or, you may be experiencing some soreness after your motor vehicle accident.  These issues could be a sign of something more serious and you should have them examined by a medical professional immediately. If you are unable to find the right assistance, your injury lawyer can refer you to some of the best in the medical field.

As an injury victim, it is important that you know and understand your rights.  It’s also important to consider hiring a personal injury lawyer as soon as possible after your accident has occurred.  Here are a few reasons to consult with one:

  • It saves you a great deal of time – from finding precedents in cases that are similar to yours to liaising with the insurance companies and requesting medical records, police reports, and other related documents, these are tasks for an experienced lawyer.  They know what it takes to achieve the greatest settlement possible and can protect your rights throughout the entire legal process.
  • The legal process can be very intimidating – this is especially true if you have never filed a personal injury claim before.  When you consider that you are overwrought and emotionally incapable of thinking clearly, their experience and expertise are invaluable.  After all, this is a time when you should be focusing on what’s most important, namely your recovery and restoring your original quality of life.
  • You can file your own claim, but it’s not advisable to do so – personal injury lawyers strongly discourage injury victims from taking matters into their own hands and not just because they are looking for a payday.  The right lawyer will always have your best interests and the best possible outcome for your case in mind.  They have been trained to assist their clients and get the answers and results you expect. Understanding the legal jargon and the complex laws is not easy.
  • You’re not sure about what you should claim – personal injury cases can be some of the most complex legal cases in the field of law.  So it stands to reason that personal injury lawyers are highly knowledgeable of this area of the law.  Furthermore, they have a great deal of experience when it comes to dealing with the big insurance companies and large corporations.

Unfortunately, individuals are apprehensive about consulting with a lawyer because they feel it will be cost-prohibitive.  However, personal injury law is not like criminal law and many do not require a retainer because they work on a contingency basis.  In other words, you aren’t required to pay a personal injury lawyer unless you win your case.

How Soon Should I File My Long-Term Disability Claim?

Depending on the focus of your personal injury claim, you have a specified length of time in which to file it before you no longer can.  This is commonly referred to as a “Limitation Period.”  In the case of long-term disability claims, the limitation period is 2 years.  Should you wait too long, you will be unable to sue for compensation for the injuries you incurred in your accident.  As is common with other areas of the law, these limitation periods are enforced by statute.

 

If you are living in Etobicoke, one of the primary reasons to have a personal injury lawyer handling your claim is that they are highly knowledgeable of the law.  In most cases, they will refer to the Limitations Act, SO 2002, c. 24 (2002).  In most personal injury cases of this nature, the insurance companies will have highly skilled lawyers on their side trying to protect their best interests – NOT yours.  Personal injury lawyers have the experience and expertise needed to recognize what the insurance company’s lawyers are trying to do as you may not be able to.

 

Unlike slip and fall or vehicular accidents, long-term disability claims are extremely complex and very unique.  This is due to the fact that the laws that apply are tort laws from the Provincial system in addition to other statutes such as the:

 

  • Insurance Act
  • Negligence Act
  • Occupier’s Liability Act

 

On the other hand, LTD’s or Long-Term Disability Claims are exclusively claims of a contractual nature.  In other words, the insurance company and its underwriters draw up a legal contract which is supposed to provide the benefits that the plaintiff (injury victim) is suing for.  If there is no contract drawn up, then there cannot be a Long-Term Disability claim.  Basically, if the benefits that are supposed to be in the contract are non-existent, then technically they cannot exist in your claim.

 

Another consideration where long-term disability claims are concerned is the fact that they are not always physical.  In some cases, LTD’s can be psychological as well.  In any event, the experience and expertise of a personal injury lawyer in Etobicoke is always recommended because they aren’t your typical personal injury case.  Granted, there are exceptions where an insurance company’s actions and behavior are disrespectful and even outrageous in some instances.

 

When this occurs, psychological harm can result and further complicate matters for an individual who is already suffering physically from their injuries to begin with.  The reality is that, in the majority of cases like these, the insurer did not cause your injuries, but their denial of your benefits or claim contributed psychologically to the harm you have already suffered.  Consequently, it pays to have an experienced personal injury lawyer protecting your rights at all costs. Not only do they understand the loopholes of the law but ensure that your rights are protected and ensure you are covered under all circumstances.