Five Common Injuries from a Slip and Fall Accident

  • Posted on: 8 September 2017
  • By: Marie

Falls are one of the leading causes of unintentional injuries in Canada. Usually, slip and fall accident victims require treatment and therapy. About one million people visit emergency rooms because of a slip and fall accident. The effects of a fall might vary from minor bruises to fractures and at times even death. Older adults have been found to suffer more as compared to the younger generation. After a fall accident, it is important for the victim to document evidence as it can be used to file a claim so that you can be compensated. Talk to an injury lawyer for advice on how to handle the case.

Here are the common injuries that result from a slip and fall accident

1. Head injuries

Regardless of how minor you assume a head injury to be, it is advisable to seek immediate medical attention. If you suffer a brief loss of consciousness, bleeding or swelling on the head, go to a medical facility immediately. Slight concussions may clear up after a while, but more severe traumatic brain damages might interfere with your functioning ability. Since severe head injury complications might not show up right away, most people assume that they are fine; thus fail to visit the doctor. Besides being a determent to your health, this could also lower your chances of a successful lawsuit.

2. Spinal cord injuries

Usually, spinal cord injuries occur when the spinal cord is compressed or severed. Such injuries are in most cases life-threatening and thus require immediate medical attention and therapy. They are among the most expensive slip and fall injuries to treat. Some end up using more than a million dollars within the first year after the accident. Usually, the injuries that are closer to the head are costlier to treat than those that are further down the spine. High cervical spinal injuries lead to full paralysis while lower one causes paralysis of the lower limbs or milder symptoms.

3. Soft tissue injuries

Soft tissue injuries are not outwardly visible thus can be difficult to prove in a court of law. You might not even notice you have a soft tissue injury until a few days later or at times weeks after the fall. They range from minor wrist and ankle pains to severe ligaments and tendons tears. If left untreated, soft tissue injuries have the potential of causing severe pain and might make the injured susceptible to other related injuries. That is why even if you feel okay after a fall you should consult a doctor to ascertain that you have not sustained any injuries.

4. Fractures

Broken bones are painful and devastating since they make the victim immobile in most cases. They could be severe, requiring multiple surgeries or minor, which requires plastering only. If the tissue around the bone is damaged, one might have to undergo therapy to prevent neuromuscular dysfunction and chronic pain. Broken bones tend to cause bleeding and swelling, which makes it difficult to treat. That is why one ought to visit a medical facility immediately after falling.

5. Abrasions and cuts

Although they are common for slip and fall accidents, they are often the least serious injuries. They cause bleeding; thus you might assume that the damage is severe, but this is not always the case. In most situations, the injuries require only superficial treatment such as stitching and dressing. However, for severe cuts and abrasions, more treatment is needed.

If you sustain injuries after a slip and fall accidents, seek experienced legal help to be able to recover compensation. You might need a qualified injury lawyer for correct guidance. Over and above all, remember to consult a doctor immediately.

Why Public Defenders Are Not the Way to Go In a Personal Injury Case

  • Posted on: 22 August 2017
  • By: admin

Personal Injury cases are typically, a means to communicate that some individual or group has been aggravated by the actions of another party. It is a civil suit filed against parties which can be an individual, a group or even a government entity for careless and malevolent conduct resulting in harm or severe loss for the plaintiff.

A personal injury case is less about win or lose and more about trying to preserve your dignity. The judicial process is complex and demands that, exasperat>ing compromises be made sometimes. Owing to technicalities and the truculent nature of litigation, it is unavoidable and more often than not, diminishing. Therefore, situations are bound to arise where you may be forced to seek arbitration. Mostly, it is advisable to go with the flow and do what is best for everyone. After all, elongating any process of the law only creates hardships for those involved.


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But when it becomes a matter pertaining to the upkeep of your dignity or an attack upon your freedom (physical or financial), the gloves must be off. Every choice must be explored and all the alternatives carefully perused before putting your finger on anything. Personal Injury claims are one such field of play where it becomes imperative to look for a certain set of traits in the person who may represent you. Utmost care and consideration must be implemented in choosing such a person.


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Most people give in to the urge of saving big and often make the mistake of going with a public defender. Simply, throw away your purse and ask nicely to be declared indigent. Nobody is questioning the capabilities of public attorneys here, after all, there is a lot of competition for a position in the judicial system. Public defenders are mostly low profile, serious and committed to the job (which is to provide the best possible defense to the litigant). It saves a considerable amount of litigation fees and helps to overcome severe financial drawback in the blink of an eye. Many have used it for genuine reasons and others, just to save a buck or two. But is it really advisable? After all, if public defenders are so great and save so much money, why does the concept of private attorneys exist at all? Let us find out.


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A very enlightening study conducted by two economists was published in the New York Times regarding the differences between being represented by a public defender against having an attorney on retainer fight the good fight for you. The study utilized economic tools to account for the various dependent and independent factors involved in the case. Methods like regression analysis were used to account for the presence of uncontrollable factors and to bring the different quantities under the purview of the study in an efficient and unbiased manner.


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The results were shocking. Basically, it said that:

  • Average sentences for litigants represented by public defenders were more or less, three years longer than those represented by private lawyers. It would be appropriate to mention here that different regression analysis combinations were used in the study to prevent any single factor or cause having a huge impact on the results of the study.
  • Once the severity factor was normalized unlike before, it showed not three, but five more years of prison which is worse than before.


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What changed here?
Peeling off a few layers, it became clear. The primary assumption that public defenders handled more serious cases than their private counterparts was not true in a lion's share of the circumstances.

This gave way to the harsh truth that tough situations often warranted a retained lawyer instead of a public defender. Better paralegals, diverse research techniques and considerable resources to back a case is what drives private practices.


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That the success rate of public defenders is not as good as it seems on the surface. As soon as the ante is upped on the nature of charges and harsher penalties begin to make their presence known, the balance tips in favor of hiring a private attorney.

Now, it must be easier to figure out the rationale behind the consistent demand and fantastic records of private attorneys, especially personal injury lawyer Toronto.


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Is there someone to blame?
Well, no. As it turns out, it is in light of the fact that public defenders are often swamped.

  • Owing to the incessant workload, there is bound to be a lack of one-on-one sessions with the clients.
  • They are paid miserably, yet expected to work round the clock.
  • Moreover, the absolute absence of unadulterated motivation for local politicians to allot funds to this case is alarming at best. No one wants to go to a lawyer unless they absolutely have to, and this is reflected in our public and fiscal policies.
  • Public defenders are also known to work around a limited geography. Most are appointed to certain courts and know their way around the ins and outs of those places. It may seem a like a boon initially. But soon, it becomes a liability when personal equations and selfish considerations find a place in the crevasses of the judicial processes.
  • The heavy workload combined with the constant reminder that going against the judge in front of you at the moment, can push back your standing in a personal capacity and this is not acceptable. Not when you are scheduled to appear for another hearing after lunch.
  • Add to all this the lack of careful individual attention, slow response and lethargic gait of judicial progress and you have got yourself a recipe for failure.


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So, weigh your options carefully and decide only after you have done your due diligence. Litigation is never to be taken lightly. Therefore, always be mindful of who you are choosing to represent you. If it is up to you, it is just a matter of understanding of the legal process, the financial constraints and the amount of individual attention you think is required to see through your case.

Ultimately, the ball is in your court. Hence, choose wisely, for it is you and only you who is going to have to live with the outcome and nobody else.

3 Types of Financial Compensation in a Personal Injury Case

  • Posted on: 8 August 2017
  • By: admin

If you, or a loved one, have been injured in an accident, you undoubtedly have many questions. Chief among your questions very well may center in financial compensation, on getting a fair settlement or judgment in your case. There are a number of factors to bear in mind when it comes to financial recovery in a personal injury case. During a consultation with a personal injury lawyer, you will discover that there are three general types of compensation in an accident case.

1. Special Compensatory Damages

Special compensatory damages represent the payment of money designed to compensate an injured person for actual losses as the result of an accident. These includes such things as:

  • medical bills and expenses
  • property damage
  • lost wages
  • other quantifiable losses

2. General Compensatory Damages

General compensatory damages provide compensation to an injured person for what are known as non-monetary losses arising from an accident caused by someone else's negligence. These include:

  • pain and suffering
  • mental anguish and emotional distress

3. Punitive or Exemplary Damages

The final type of damages which might be awarded in a personal injury case are known as punitive or exemplary damages. Punitive or exemplary damage are awarded in lawsuits in a limited set of circumstances.

Punitive or exemplary damages are awarded in a personal injury lawsuit when a demonstration is made that the conduct of the party that causes an accident was particularly reckless or egregious. There are limitations on the amount of money that can be awarded in the form of punitive or exemplary damages.

Comprehensive Compensation in a Personal Injury Case

Following an accident, a skilled personal injury lawyer strives to obtain comprehensive compensation on behalf of a client. The stark reality of an accident caused by someone else's negligence is that losses can carry onward into the future. You very wall may face ongoing medical care and treatment following an accident. For example, you may require physical and occupational therapy as part of the recovery process.

On a related front, you may endure pain for an extended period of time. Some people experience pain from injuries sustained in an accident for the remainder of their lives. You may not be able to return to work any time soon. Indeed, you may never be able to return to the same type of work you enjoyed before the accident as a result of the injuries you sustained. All of these represent the type of reasonably foreseeable losses for which a personal injury strives to obtain compensation for a client. This includes striving to obtain full financial recovery during the claims settlement process or in a personal injury lawsuit.

Retaining the professional assistance of a skilled, tenacious personal injury lawyer is a wise step to enhance your prospect of obtaining justice in your case, and the compensation you deserve. The first step in engaging the services of a personal injury lawyer is scheduling what is known as an initial consultation. During an initial consultation, legal counsel provides you with an evaluation of your case. This includes a discussion of possible strategies designed to enhance the prospects that you obtain appropriate financial compensation in your claim or lawsuit. As a matter of common practice, a personal injury lawyer charges no fee for an initial consultation in a personal injury case.

Assessing Damages in a Personal Injury Case in Canada

  • Posted on: 22 September 2016
  • By: admin

If you have suffered any form of injury as a result of someone else’s negligence in Canada and many other countries globally, you are entitled to personal injury damages. Basically, the damages are meant to cover the losses you incurred because of the injury. By and large, personal injury law is very comprehensive concept about which a plethora of texts have been written. Here is a brief overview of what’s involved in assessing damages in a personal injury case in Canada.

Assessing the damages

The truth is, it’s quite complex to assess damages at the onset of a personal injury case. On the whole, the actual cost of an injury is indefinite until the injured party seeks medical treatment, receive adequate therapy, and have time for his or her body to rehabilitate, and get better—a process that can even take years.

For injury cases like motor vehicle accidents, the party at fault (who’s found to be responsible for the accident) is required to pay monetary damages to the injured victim. In Canada, the at-fault party’s insurance company is responsible for settling the damages. The amount of damages to be paid to the plaintiff can often be agreed upon before trial—at a settlement. In fact, in Ontario, over 90% of injury cases are settled prior to trail—which is a great thing for the personal injury victims.

There are several factors to consider when assessing the value of an injury claim. These include the cause of the injury, the nature of the injury, and the impact of the injury on the victim’s ability to work or accomplish his day-to-day activities such as work, business, household chores and even recreational activities.

Once your attorney has received adequate medical information from your doctor or medical specialist, he or she will be better placed to provide more precise assessment of the claim

Compensatory damages

In Canada, most injury damages are categorized as compensatory—which simply implies that they are meant to compensate the plaintiff for the losses incurred due to injury. The goal of compensatory damages is to make the plaintiff “whole again” or bring him or her back to his or her previous state of health before the injury incidence. While some compensatory damages are quite easy to quantify (for instance, reimbursement of medical bills or property damage), others are considerably complex (for example, putting a dollar figure on pain or suffering).

Conclusion

In Canada and many other countries globally, personal injury law is always a nuanced arena that require cosmic knowledge of tort and insurance laws. That’s why it’s critical to seek legal representation to take you through the process successfully.

The Evolution of Emotional Distress Claims in Personal Injury Lawsuits

  • Posted on: 1 September 2016
  • By: admin

Laws in Canada are subject to change and evolution. This includes laws associated with personal injury lawsuits in the country. A personal injury lawyer consistently finds his or her self faced with the evolution of laws involving accidents that give rise to injuries and damages.

One aspect of personal injury law that has been evolving in recent years is that associated with emotional distress claims. This has resulted in more emotional distress claims being pursued by a personal injury lawyer.

Overview of an Emotional Distress Claim

At the heart of an emotional distress claim is that the action or inaction of a third party resulted in an individual suffering some type of recognizable emotional or mental health disorder. Depression, generalized anxiety disorder, or PTSD represent three of the most common types of mental health problems lying at the heart of emotional distress claims in Canada.

Physical Harm and Emotional Distress

Historically, in Canada and other Commonwealth nations, a claim for emotional distress needed to be coupled with one for physical injury. In other words, in order to bring a claim for emotional distress in the first place, a person needed to have suffered a physical injury as well. The physical injury and emotional or mental health issue were intertwined as a matter of law,

Ultimately, in court decisions, the mandatory requirement that a physical injury exist to support a claim for emotional distress began to be reconsidered. At this juncture in time, in some instances, a person is now able to pursue a claim for emotional distress of mental anguish without any associated physical injury.

Expert Testimony

Because of the uncoupling of physical injury and mental or emotional distress, the need for expert testimony is even more important. In order to prevail in a case involving mental anguish, a personal injury lawyer arranges for a respected expert to testify about a client's mental health or emotional state and status. The expert must be able to provide compelling testimony about the nature of an emotional or mental health condition that arose from an accident or some other type of incident caused by a third party.

There is even a cadre of personal injury attorneys who focus their practices more specifically on assisting clients that have developed some sort of mental health or emotional problem as the result of the negligent conduct of a third party. These lawyers tend to be more closely connected to the experts necessary to provide testimony and other evidence in support of this type of claim.