Tag archives: Negligence

What damages are recoverable in a personal injury claim

#AskCoreySax Whether you are injured in a car crash or by slipping and falling on debris left on the floor while shopping at your local grocery store, you could have the right to recover damages as compensation for your injuries. Protecting and enforcing your right to be compensated starts by having a clear understanding of your rights and obtaining the services of an experienced personal injury lawyer to assist you. Proving negligence Unless you were injured in a motor vehicle accident subject to Ontario no-fault law, personal injury claims require proof that another party’s negligence caused the accident. Negligence is ... Read more

Obtaining compensation for a doctor’s negligence

#AskZevBergman The relationship between a patient and a doctor is built on trust. You trust the doctor treating you to do so with the utmost skill and to not make a mistake. Mistakes, however, do happen and patients suffer the consequences. It is estimated that 70,000 individuals a year suffer what should otherwise be a preventable injury due to treatment they receive from a medical professional in Canada. When doctors make a mistake, it is up to the injured patient to pursue a claim for compensation. Understanding your rights as a patient and how a claim for medical malpractice works is essential. ... Read more

Entitlement to compensation when someone dies in a truck collision

#AskJeremyDiamond It can be intimidating for drivers of passenger vehicles to be riding next to or in front of a large transport truck traveling at highway speeds. Your fears about what could happen to you and the passengers in your vehicle in the event of a collision are well-founded. According to the Ontario Provincial Police, one out of every five highway crashes in the province involve at least one commercial truck. When someone is killed in a truck accident, questions arise about who can be held responsible for paying compensation and which members of a victim’s family have the right to make ... Read more

When An Accident Victim Is Also Negligent

#AskMichaelBlois Whether it’s a customer slipping on a wet floor in a grocery store or two of the more than 9 million registered motor vehicles in Ontario crashing into each other, there are accidents happening all the time. When an accident is caused by someone’s negligence, a victim suffering a physical injury could have a claim for compensation against the other party. It frequently happens that evidence might exist showing the party suing for compensation was also at fault in causing the accident or the injuries. Contributory negligence on the part of the person suing for damages does not automatically prevent the ... Read more

Pedestrian injuries and liability claims

#AskRichardChang The warmer springtime weather means more people will be enjoying the sunshine and fresh air. Ontario cities and suburban areas offer the perfect combination of high traffic volume and people walking and jogging to pose a high risk of pedestrian accidents and injuries. When pedestrians are hit by motor vehicles, it is the pedestrian who suffers the most serious injuries. It is essential for people to know their rights and how to protect and assert them if they are ever injured in a pedestrian accident. Pedestrian accidents are frequent occurrences The deaths of 11 pedestrians as a result of being struck by ... Read more

Can schools be liable for injuries to students?

#AskJillianCarrington When you send your children off to school in the morning, you expect them to be safe while under the supervision and care of teachers and school administrators. Unfortunately, children can be injured in accidents occurring while at school, which can lead to parents wondering about the legal responsibility of schools and school officials when a child is injured while under their care. Standard of care expected of school personnel Determining whether teachers and school officials are responsible when a child is injured at school starts with the standard of care the law imposes upon them. School boards, teachers and others ... Read more

Birth Injuries and how a personal injury lawyer can help you

Ask most parents about their gender preference for their unborn child, and most of them say that all they want is a healthy child. Sadly, labour can be a difficult time for both the expectant mother and unborn child. Delivery only adds to the potential for complications to arise causing injuries to the mother, the child or to both of them. Complications can sometimes be regrettable occurrences during labour and delivery through no fault on the part of anyone. Unfortunately, the medical professionals you trust to look after the wellbeing of you and your unborn child might not have performed ... Read more

Liability in public transit accidents

#AskCoryRubin Public transit systems located throughout Ontario offer a convenient and inexpensive method for people to travel about. The GO transit system servicing the Toronto and Hamilton areas now carries more than 70 million passengers each year. Other bus and rail systems are equally as popular with local residents and visitors. As with other means of transportation, such as cars, accidents can happen and people can suffer serious injuries. Recovering compensation against a public transit system can be difficult, but it is not impossible with the help of experienced personal injury lawyers aggressively investigating and pursuing the claim. The rights of accident ... Read more

Social Host Responsibility for Accidents

#AskRichardChang Most people hosting a party or gathering at their home are more concerned about having enough food and beverages for their guests than they are about being held responsible if someone has too much to drink and is involved in an accident. Canadian courts have made it clear that a bar or restaurant serving alcohol to a customer could be held liable if an intoxicated patron is injured in an accident. The law is not as clear as far as the responsibility of a social host for injuries suffered by an intoxicated guest. Distinction between social hosts and commercial ... Read more

Sidewalk Slip & Fall: Who Is Liable?

#AskHeikkiCoxKikkajoon The freezing temperatures, snow and ice are normal facts of winter life associated with living in Ontario. The weather makes simple, everyday tasks, such as walking to school, work or the store, dangerous and hazardous activities. A slip and fall on an icy, snow-covered or broken sidewalk can cause a fractured bone or a serious head injury. If you fall on a sidewalk or parking lot, you could be entitled to compensation from the property owner or the municipality. Property owner liability for sidewalk slip and fall Sidewalks offer a convenient and, usually, safe place to walk. A poorly ... Read more