Personal injury claims are some of the most common liability claims being filed. Anyone who has suffered injury at the suspected negligence of another has the right to file suit against the supposed at-fault party. Whether or not the claim is closed in favor of the injured party will be determined by how sturdy a defense the other party’s legal team presented. There are mainly two types of defense that is used in personal injury claims. Was the defendant a direct cause of the injury? Is he/she really at-fault? Also, were there any errors on the part of the plaintiff? How soon did he/she seek medical attention? How timely was the filing of the claim? There are multiple factors that play a part in determining these two lines of defense. (more…)
Wrongful death claims can be filed in the event that a loved one or dependent receives a fatal injury at the fault of another party. These types of claims will almost always require legal representation and more often than not, are settled within a courtroom. If your spouse or family member was killed in an accident related to negligence by an outside party than they are liable for any damages that are incurred. There are different types of damages and it is important to have some understanding of their differences. This will help you to better understand what type of benefits you are eligible for. (more…)
A multiplier is used in a personal injury claim as an equation for determining the amount of damages the plaintiff is eligible for. A multiplier is usually 1.5 to 5 times the amount of expenses incurred by the injured party as a direct result of the accident. Under special circumstances this number can be higher, reaching levels as much as 10 times the cost of medical expenses for the injured party. The multiplier is used to decide a base number for damages to be negotiated between the plaintiff and the defendant. These negotiations can happen in or outside the courtroom depending on the agreement of both parties. (more…)
Settling a personal injury claim involves a lot of back and forth negotiations. You can expect to see multiple counteroffers from both yours and the defendant’s side before a final settlement amount is reached. Don’t be discouraged and don’t expect to get the first amount that you ask for. The key to successfully reaching a settlement agreement is to remain calm and professional throughout the entire process. It would be to your advantage to hire a legal representative to handle any correspondence made during settlement agreements. This will ensure that everything is played fair and that all options are evaluated. (more…)
To maximize the benefits you receive from your personal injury claim it is important that you document everything from your most serious injury down to even the most minor of injuries. It is also important that you do so as soon after the accident as possible. The at-fault party’s insurance will require this documentation as they try to decide how much of a settlement to agree to. You may face problems resolving this issue if you are not timely in filing your claim. (more…)
You’ve undoubtedly heard this term before when an insurance adjuster mentioned that the car is totaled. Being involved in a car accident is something which is going to cause quite a lot of different damages, some of which are caused to you while others – to your car and the cars of everyone who was involved. (more…)
Now, in the majority of different dog bite cases, the owner of the dog is the one who is going to be found responsible for the situation. However, there are also certain considerations which may cause someone else to be at fault. There are a few different scenarios in which someone else might be found to be responsible and they include: (more…)
Car accidents are undoubtedly challenging to deal with and they are also quite common. As unfortunate as it may sound, one of the key issues when it comes to dealing with them is determining the driver which was at fault. However, it is also true that this doesn’t have a significant impact on the compensation claim as there is one very particular and special rule in Canada and especially in Ontario.
How is fault assigned and why doesn’t this matter that much?
Unlike the legislation in a few states, in Canada, there is the “no fault” rule which is prevailing and it sets forth a completely different cause of action. In the states, or at least in some of them, it is very important to determine the fault as this is the main and key consideration which would determine the overall distribution of the burden to repay damages. However, this is totally not the case in Canada.
Rules of Fault Determination
The first thing that you need to understand is that the legislation which governs these types of cases is set forth in the Insurance Act of Ontario. There is a very special section in it which is called the Rules of Fault Determination. Amongst them, the no fault rule is one of the most important to consider. With this in mind, this particular rule states that regardless who is at fault, you need to ensure that you file your claim with your own insurance company. This is particularly important and it gets rid of the necessity to start an investigation and waste time. Insurance is mandatory in Canada so you can claim damages under it with your own insurance provider.
This is quite convenient and it is definitely something that you want to take into consideration when it comes to it. Of course, this doesn’t mean that fault isn’t assigned. As a matter of fact, in the majority of the situations, the insurance company is going to go ahead and conduct its own investigation and allocate the necessary amount of fault. This is important as it is going to impact the overall amount of the premiums to the faulty driver. However, as per the negotiations, the insurance company is going to try and lower the amount of compensation due.
All in all, this shouldn’t make you feel more comfortable. Even though the whole thing is intended to spare time and effort of the victim, the procedure is also quite challenging. This is the main reason for which you want to consider getting a personal injury lawyer to help you out if you have been injured or involved in a car accident. This is going to ensure that the lawyers will ensure that they handle it properly. You will get the compensation you are entitled to as expert lawyers with a successful closures in similar accidents can be of assistance.
The unfortunate truth is that the country of Canada sees quite a lot of car accidents on a daily basis. Ontario is absolutely no exception from this. Of course, as the accident happens, any insurance claim or any personal injury case is likely to raise the matter of who’s the driver who is at fault. This is definitely something to take into consideration. However, finding the right answer when it comes to it has never been so easy. (more…)
If you have been involved in a slip and fall, vehicle accident or any other type of event which caused you injuries, you might be wondering what the total worth of your case is. However, a question of the kind has no simple answers and there are quite a few things which need to be taken into account. In a personal injury case, the monetary damages are paid to the person who has been injured by the person or the insurance company who is found responsible. Of course, it does sound simple when it’s put like this but the truth is quite far away from it. So, let’s have a look at some of the things to consider. (more…)