Tag archives: Injury

What Responsibility Does A Landowner Have For Injuries To Hikers and Campers?

#AskIsaacZisckind The lakes, mountains and abundance of trials throughout Ontario offer hikers and campers unlimited opportunities to enjoy outdoor activities this summer. You can reduce the risk of being injured by taking a few precautions that begin by packing the proper gear and clothing. When accidents and injuries do occur, the owner of the land on which you were hiking or camping might be responsible under the Ontario Occupiers’ Liability Act. Preparation is essential to remain safe during outdoor activities Pack enough food, water and other supplies to last at least for the length of time you anticipate being gone. ... Read more

What To Do If Injured In A Ride-Sharing Accident

#AskCoryRubin The popularity of Uber, Lyft and other companies known as ride-hailing or ride-sharing services has exploded throughout Ontario. Toronto, for instance, last year reported that almost 70,000 drivers had signed up to drive for both Uber and Lyft. This number does not include drivers registered with other ride-hailing companies operating within the city.  The convenience of using an app on your smartphone to summon a vehicle to your location raises questions about liability and the steps to take following an accident involving a ride-hailing vehicle resulting in personal injuries. What is a ride-sharing service? Ride-sharing services make use of ... Read more

What To Do When An Injury Leaves You With Chronic Pain

#AskStevenWilder Broken bones, lacerations, burns and other forms of personal injuries people suffer as a result of a car accident, a slip and fall, or a dangerous product can be readily identified. Some injuries that cannot be seen during an examination and do not appear on an X-ray or MRI may cause a person to experience debilitating pain. If another party’s negligent or reckless conduct causes you to be injured and experience chronic pain, proving its existence to recover compensation from the responsible party can be a challenge that personal injury lawyers must meet. What is chronic pain? The Workplace ... Read more

Unsafe Roadways: Who Can An Injured Party Sue

#AskCoreySax When someone is at fault in causing an accident, an injured party has the right to make a claim for compensation. Things are not so simple when the party responsible for causing your injuries is a city or other municipality. The law gives you up to two years to file a lawsuit for personal injuries, but if a municipality is the responsible party, you could lose the right to sue unless you give the municipality notice of the accident within 10 days. Municipal obligation for roads and bridges Under the Ontario Municipal Act, bridges and highways fall under the ... Read more

Compensating Victims Suffering Psychological and Emotional Injuries

#AskPaulMariani Personality changes, insomnia and vivid nightmares are only a few of the symptoms someone could exhibit after witnessing or being involved in a traumatic event. Someone witnessing a family member being struck and killed by a speeding vehicle or the occupant of a building who suffers severe burns in a fire caused by negligent maintenance of a building could both be victims of psychological and emotional injuries even though only one of them suffered physical trauma. Emotional harm caused by an injury to the brain Brain injuries, such as might occur the head of a passenger strikes against the ... Read more

Steps to Take When You Suffer A Serious Injury

#AskPatrycjaMajchrowicz You could be driving in your car, shopping at a local retail store or working at your place of employment and be injured in an accident. What you say and do in the minutes and hours following an accident may affect your ability to collect compensation for your injuries. Here are the steps you must take to following different types of accidents. Injuries suffered at work An illness or injury related to your employment may entitle you to compensation. Ontario workers are protected through the Workplace Safety and Insurance Board and have the right to receive benefits, including medical ... Read more

Demystifying the Personal Injury Statute of Limitations: Why It Might Not Be Too Late To Sue

#AskNadiaCondotta Few things are more difficult for a personal injury lawyer than meeting with someone who has suffered serious injuries through the negligence of another party and having to tell them they waiting too long before consulting a lawyer and their clam for compensation is barred by the statute of limitations. Although intended to promote fairness by encouraging people with claims to assert them before memories of witnesses fade and evidence is lost or destroyed, it might not appear fair to an accident victim struggling to understand the statute of limitations for the first time. Ontario Limitations Act The basic ... Read more

Limits of Owner Liability For Injuries On Recreational Property

#AskAmandaSousa Winter in Ontario brings with it opportunities to enjoy skiing, snowboarding and other outdoor activities involving the snow. Hiking on snow-packed trails or cross country skiing on open fields or perhaps on a local golf course that is closed for the season can be fun, but legal issues arise if you are injured. The property owner’s liability might not be as clear as it might be had you slipped and fallen in a local retail store while shopping. General Rules About Property Owner Liability Whether you are invited to a friend’s home for dinner or stop at a retail ... Read more

How Does The Thin Skull Rule Apply To Personal Injury Claims

#AskTaniaFleming Whether slipping on an icy sidewalk or being hit by a car as you cross the street, you don’t get to choose when or where accidents occur. A similar principle applies to the negligent property owner who did not remove the ice from the sidewalk or to the distracted driver who failed to look out for pedestrians. The party at fault in causing an accident cannot defeat a claim for compensation with a defense based upon a victim’s predisposition to being injured due to a pre-existing condition. Thin Skull Rule of Personal Injury Law An old injury or pre-existing ... Read more

What Happens If You Are Injured And Partially At Fault In An Accident

#AskTJGogna Personal injury lawyers understand the importance of investigating and analyzing the facts and circumstances of an accident when representing someone who has suffered an injury. They are looking for evidence to prove that someone’s negligence caused the accident and the resulting injuries. Sometimes, the evidence reveals the accident or the injuries were caused in whole or in part by the negligence of the injured party. Ontario personal injury law takes this into account and provides rules for situations when the plaintiff, which is the injured party filing the claim, is proven to be at fault. Four Elements of Negligence ... Read more