work, injury, case

Is It Too Late To Pursue Your Personal Injury Case?

Time is of the essence with personal injury cases. At the same time, the time right after an injury can be one of the most stressful to go to court. Many people don’t pursue cases they rightfully should because of these troubling times. If it’s been some time since your personal injury, you may think the window of time you can make a strong case has passed. While this could be the case, there are some thing you can check for that can help build your case long after.

Remaining Injury

If the injury was severe enough to impact your life to this day, you will have a stronger case in court. Seemingly innocuous injuries can cause great impact on a person even years later. You may not have thought it was going to be a lasting deal, back when it happened. Long-term complications arising at a later date can make for a good case in court.

Does Evidence Remain?

If you weren’t collecting evidence at the time of the injury, it is important to do so immediately. Much of the strongest leads are likely already gone, but there are still things to find. The scene has likely gone through too many changes for a photograph taken now to have much weight. See what records you can find from the time of the injury. Security footage is the best, investigate it immediately. Oftentimes only a limited amount of footage occupies limited storage. Also talk to anyone who was around at the time of the injury. They might be able to testify about the company conditions at the time.

New Evidence Unearthed

Another thing that can help your case is the emerging of new evidence. Maybe an inspection found things not up to code. Maybe an employee was recently caught lying about the workplace. Recent evidence can make a compelling story a long time after the injury happens.

injury lawyers, accidents, hamilton

Ice and Snow: The Common Accidents That Occur

Ice and snow is far from a foreign concept in London. That being said, being able to stay safe on the road and in your neighbourhood after experiencing a great deal of snowfall or freezing temperatures is important. We know the best ways to stay safe in these circumstances, and it’s best if you educate yourself if you want to live within the London area.

Slippery Stairs and Porches

If there is any moisture around and the temperature is below freezing, always use caution whenever you’re stepping outside of your home or using stairs outdoors. There are a great deal of chances that the ground will be slick, and you could end up suffering a personal injury through a slip and fall.

 

This is especially important to note if you’re walking outside of businesses. Most businesses should be applying salt and other devices liberally in order to melt the ice.

Black Ice on the Roads

Black ice on the roads is something that needs to be addressed with caution. Black ice occurs when moisture on the road freezes, and it’s often completely invisible to drivers. If you hear about black ice being on the roads, the best tip that can be given is for you to drive your car in a lower gear, and consider the precautions that come along with hydroplaning. Do not brake suddenly, and give everyone else on the road a wide berth.

High Snowbanks

While city ploughs work hard to make sure that snow stays out of the roads, this also can come with a price. High snowbanks can be dangerous to pedestrians and to drivers, as they can end up collapsing, or being a serious hazard if you swerve off the road and into them.

Drive carefully around high snowbanks, and try to avoid them as a pedestrian as well.

injury lawyers

Does Your Case Qualify For Wrongful Death?

A wrongful death case is the most tragic kind of personal injury case you’ll ever have to bring to court, but it can happen even in peaceful towns like Guelph. You shouldn’t have to suffer financial losses on top of the very personal one you’ve just suffered. On the coat tails of tragedy the last thing you want to have to deal with are the hassles of the legal system, so let us help you figure out if you should be bringing your suit to court.

 What Is Wrongful Death?

 A wrongful death case is formed when someone dies through no fault of their own, and specifically through the fault of another person or entity. Examples of this can be if your loved one lived in a house that contained toxic chemicals that killed them slowly over time, an accident at work that ended in a fatality, or a drunk driver hitting their car and killing them instantly. In these cases there is another person or company legally responsible for the death, and they are liable for any expenses you may have incurred or any income you may now be out as a direct result of their passing.

 Who Can File?

 The short answer is anyone who has suffered an expense because of the death. This can be a direct expense such as hospital or funeral bills, or an indirect expense like no longer having the financial support of a spouse or someone dedicated to staying at home with their children all day while their other partner was at work. Traditionally wrongful death suits are lumped into one case, usually led by the executor of the estate as defined by the courts or the deceased person’s will. This can be immediate family members, financial dependents or even distant family members.

stress at work

Dealing With the Stress of Your Personal Injury Suit

When you’ve been hurt in an accident or because someone else was negligent, the damages you incur can be substantial. There are medical bills, ambulance fees, and all kinds of financial burdens to shoulder. When the costs get too high, you may end up having to file a personal injury lawsuit in order to recoup your losses. Dealing with an active court case can be very stressful, however. That’s why you need to take steps to manage that stress and stay calm.

Stay In Touch With Your Lawyer at Every Step

Your personal injury lawyer is there to help you in this trying time. They’re well versed in the law and they know what will be coming up next in your case. When you’re stressed and worrying, get in touch with them. Ask what’s going on. Your lawyer will be happy to explain what your next steps are and put your mind at ease. That way, you’ll never feel out of the loop.

Build Up a Network of Friends to Support You

When you’ve been hurt badly enough to go to court, you can’t do it alone. Now is the time to surround yourself with friends and family. They can help you process the traumatic event you’ve been through. They can also show up to support you in court if necessary. Don’t try to shoulder the burden all by yourself. Getting injured is tough for anyone to deal with. There’s no shame in leaning on others for a little support.

Remember That You’ve Got Great Talent Behind You

When you get down to brass tacks, there’s really no reason you have to worry. You can rest easy knowing you have a highly professional team of lawyers and clerks working for you. Your case will be history in no time. Then you can get back to enjoying your life like it was before your injury!

Injury lawyers

First Steps to Take After Getting Hurt On the Job

When you’re on the job, you’re focused on getting your work done. Sometimes, you might be too focused and you may not see when an unsafe situation is developing. Living and working in Welland is great, but what if you get hurt on the job? Whether you’re working in a call center or one of the region’s steel plants, work injuries are no laughing matter. You need to know what steps to take immediately. That way, you can minimize the injury’s impact on your life. Here are some pointers.

See a Doctor About the Injury Right Away

Don’t just tell yourself that you can tough it out and deal with it. When you’re hurt at work, you need to go to the doctor. This is important for two reasons. First, you can get treatment started right away. That’s critical. Second, you’ll start creating a chain of evidence you can use. If you don’t get yourself to the doctor right away, you’re only going to regret it later.

Document and Organize Evidence Relating to the Injury

Making sure you can document and prove the circumstances of your injury is a vital step. Take the time to organize your evidence and information into a folder you can keep at hand. This includes photos, statements, and of course, medical bills and documents. Make sure you even get something about your injury in writing from your doctor!

Get In Touch With a Good Law Firm Quickly

If you think you’ll need to seek damages for your injury, you need a lawyer right away. Don’t dawdle and think it’ll be fine later. There are deadlines you need to meet. Seek out a trustworthy law firm as soon as you can. You’ll feel better for it, and your chances of victory go way up. Don’t hesitate, but find a lawyer soon after your injury occurs.

Details You Should Never Overlook When Building a Wrongful Death Case

Details You Should Never Overlook When Building a Wrongful Death Case

It is often very difficult to deal with a wrongful death case. After the tragic loss of a loved one, the last thing you want to do is navigate the confusing legal system. A good Hamilton personal injury lawyer will be able to help you understand the process and make it easier on you. It’s easy to overlook details when you’re trying to build your case, especially given the fact that you will be mourning the loss of your loved one at the same time. If you want to have a strong case, there are certain things you should not overlook:

Your Loved One’s Medical History

One of the first obstacles you will come across in a wrongful death case is the argument that your loved one had a preexisting condition that lead to their death. Having a detailed medical history for your loved one is very important to help you defend against this argument. Your personal injury lawyer in Hamilton should be able to help you gather up all this information so you can have the strongest claim possible. It really will make a difference if you are able to dig up as much proof of their health as possible.

The Exact Details of the Accident

Unfortunately, you might not even know exactly what happened. A family sued Hamilton’s St. Joseph West 5th campus after their son, a psychiatric patient, was beaten to death by another patient. They were not there when the incident occurred, and didn’t have the exact details of the accident. If this is the case for your loved one’s death as well, you really need one of the best personal injury lawyers Hamilton has to offer. You’ll need all the help and support you can get to try and suss out the details of the accident.

Bicycle Safety Tips to Help Avoid Future Injury

Bicycle accidents are a growing trend across the country. As more and more cyclists take to the streets, both as a means of transportation and exercise, more and more automobile accidents involving cyclists occur. While it may not be the fault of the cyclist that they get hit or injured while out riding, there are simple safety measures that can be taken in order to assure their safety to the best of their ability. Next time you go out cycling on the Hamilton streets, make sure that you’re following these four steps for optimum biking safety.

Remain Brightly Colored

Riding your bicycle at night can be a very dangerous activity. If at all possible, bike during the early morning hours to keep cool and remain more visible. If you absolutely have to bike during the night, though it should be avoided as much as possible, make sure that you’re wearing bright colored clothing, neon or reflective clothing, or even both. Your Hamilton personal injury lawyer will tell you that many cycling accident cases have been filed due to a vehicle striking a cyclist while turning or going down the street, simply because they couldn’t see them in the dark.

Use Hand Signals

Another way to avoid an unnecessary trip to your local Hamilton personal injury law firmis to make sure to always use hand signals while cycling. Because bicycles don’t come equipped with blinkers, breaks, or other forms of automated communication, it’s up to the cyclist to let the vehicles around them know whether or not they are turning left or right, stopping suddenly, or doing anything else on the road that they should know about. Bicycle hand signals are universal and not specific to Hamilton, so learn the correct and universal biking hand signals before hitting the pavement. In Hamilton, not using hand signals or using one incorrectly can incur a fine of 90 Canadian dollars.

Abide By Canadian Traffic and Bicycle Laws

Just like in most countries, Canada has its own laws in regards to how bikers should interact with cars on the road. These laws may vary from province to province and city to city, so it’s your responsibility to stay informed of the accurate laws in regards to where you’re located in Canada. If you’re unsure of the exact laws, ask your personal injury attorney about Hamilton cycling laws, or for laws pertaining to another city if you plan on taking a trip. If your attorney can’t provide you with the specific laws, they should be able to give you a resource where these laws would be located.

Be Alert

The number one rule of cycling safely is to stay alert. The Hamilton streets are typically safe, but remember that accidents do happen. If you need to do something in order to avoid being injured or worse, take that action. Always be aware of the vehicles around you and how they’re interacting with you and the bicycle. As someone who is exposed, unlike someone in a car, you are at a greater risk for severe injury as a cyclist, so your safety should be your first concern when cycling on the street.

Sad woman in the room

The Truth Behind Suing for Emotional Damages

In 2014, a woman in Innisfil, Ontario named three teens in a lawsuit that requested 1.35 million dollars due to emotional damage and psychological suffering. This case made global headlines due to the nature of the crash: the fact that the woman suing the teenagers was in fact responsible for their injuries and the death of one of them. Big news in Canada, this story was the center of much outrage around the world.

More and more cases of lawsuits containing claims regarding compensation for emotional distress are cropping up in Canada, and there may be a few that show up in Hamilton if the trend continues like it is. In the above case, many argued that the perpetrator didn’t deserve to sue the victims because of their own supposed mental anguish, and the argument is a fair one. As a victim, however, discussing emotional distress compensation with your personal injury lawyer in Hamilton isn’t necessarily something you should take off the table.

What Does it Mean?

In layperson’s terms, emotional distress can mean a wide variety of things, and the severity of the term is often dictated by the situational context. Someone who is severely mentally disturbed may be considered in emotional distress during a fit, but one could apply the same term to a grounded teenage girl without her cell phone. Being emotionally distressed, at the end of the day, is a longer way to say “upset”.

In legal definitions, emotional distress has to be a little more exact and fall under certain stipulations. According to Canada law, proof that the person is emotionally in duress has to be provided. This is usually looked into by a specialized psychiatrist. They look for signs and symptoms of emotional disturbance, such as PTSD (post-traumatic stress disorder), reckless behavior, severe depression or suicidal tendencies/ideations, and whether or not the claimed reason behind the emotional distress is actually to blame. Your Hamilton injury lawyer should be able to provide you with concrete details and consult you on whether this may actually be a viable compensation option based on your history and symptoms.

Is it a Phony Kind of Lawsuit?

One criticism of a lawsuit asking for emotional damage compensation is that it comes off as greedy and fake. In some cases, it has been found that the client trying to receive compensation for emotional distress was indeed faking or trying to get money that wasn’t owed to them. In other cases, victims of horrific events, accidents, and abuses have been awarded money as a means of compensating for their trauma, even if it’s only in a small way.

For those who truly do suffer from emotional distress, the money provided by winning the lawsuit may not help them overcome their new found demons, but it can be put towards therapy and ensure them security in their life if they cannot function in the way they used to. If you and your personal injury attorney discuss emotional distress compensation and feel it is a viable option, it may be worth a shot as an addition to your injury claim.

accident car

Car Accident Evidence that May Prove Helpful for Your Case

When you file a personal injury claim after being hit by another driver on the road, an investigation will take place in which you and the other party are researched and the fault of the accident is placed on either one or both parties. Your Hamilton injury lawyer will be doing most of the work for you by sending out paperwork, contacting insurance companies, and dealing with the legal end of things. If you want to help as much as possible with your trial after being in an automobile accident, however, there are certain steps you can take in order to collect important and admissible evidence on your own. Note that these tips apply to those who can walk away from a car accident immediately after the incident and are not for those who need immediate medical care. If you are severely injured, your first priority should be your own safety. Also, make sure that the police are called and follow any instructions they give once they arrive.

The Information of the Perpetrator

Unless you are involved in a hit and run, the driver of the other vehicle should still be at the scene. Most of the time, the other person or people involved in the crash are more than willing to give up their information after being asked, essentially for insurance purposes. When asking for their information, make sure to get their whole name, address, license number, and their license plate information. These will all be helpful in locating the person or people in question during the investigation portion of the claim.

Witness Information

If any witnesses were present at the scene, make sure to get their information too. These people aren’t necessarily as important as the perpetrator of the accident, but make sure that you at least get their name and telephone number. Give this information to your Hamilton personal injury lawyer so that they can contact them and request they give a sworn statement about the accident.

Photographs

If you have a camera on you at the time of the accident, make sure that it works and start using it. Many courts use cell phone camera photos as evidence in cases where a photographer isn’t present or isn’t necessary to be called. Photographs taken by the defendant or plaintiff in a case are extremely helpful to their respective sides. Take as many photographs as possible of the scene and from many angles. Also take pictures of the road and take note of any skid marks present. These may be extremely important for your case.

Taking Notes and Being Observant

In general, be observant of the setting and the people involved in the accident. When they stepped out of their vehicle, did you notice any strange movements or jerky motions? Were there any signs that things may have been out of the ordinary? Could they possibly have been under the influence? Take notes about the things you see that stand out to you and present your findings to your personal injury lawyer. Bring up anything you feel about the driver, or that you observed, that may not be in compliance with Ontario’s 1990 Highway Traffic Act, such as driving with an expired license. What you remember right after the accident is the clearest picture of what really happened.

The Emotion Of Grief

Resources for Those Coping with the Loss of a Loved One Due to Wrongful Death

Coping with the loss of a friend or family member is difficult enough under what most consider being normal circumstances, such as dying from a prolonged battle with cancer or old age. Losing a loved one suddenly, however, is another form of grief entirely. There’s lamenting that no one could say goodbye or tell them how much they were loved before they were taken away. This grief is even more compounded when the death was accidental or wrongful in some way.

If you have experienced the death of a loved one due to wrongful death, talk to an attorney at your local Hamilton personal injury law firm. They can start working on getting justice for your loved one, but may also offer some insight on what to do about your personal injuries. Try these options as well as researching other grief-related venues, such as Robert’s Press Canada’s Grief Resource Centre or Rainbows Canada for youth related grief resources. Friends in Grief is a local Hamilton non-profit organization that caters to those who have recently lost a loved one.

Grief Counseling

Grief counseling is one of the most basic forms of therapy for someone who has recently lost someone dear to them. There are multiple grief counselors located in and around the Hamilton area, and most are sure to accept you on as a patient if you feel like counseling would be a step in the right direction. Grief counselors are like therapists in that they do have psychological training, but they specialize in the grieving process and all the trouble symptoms that go along with it.

Advice Provided By an Attorney

A personal injury lawyer may not be a therapist, but the services they provide can be extremely therapeutic in some ways. One thing that families who have lost loved ones to wrongful death can typically agree on is that winning the suit for their relative gave them a large amount of closure. While families who are affected by death know that a winning verdict can’t bring their loved one back, a verdict in their favor tells the world the story of what happened to their relative is one that is true. Your Hamilton injury lawyer can also provide resources such as connections to therapists, doctors, and other forms of treatment to help with the grieving process.

Visit Support Groups

There are support groups for all kind of disorders, problems, and situations that go wrong in people’s lives. Support groups exist for suicidal ideation, chronic pain, and alcoholism, just to name a few. One form of support group is geared towards grief and loss. Some support groups are even so specific as to be for those who have lost their loved ones due to untimely tragedy, much like your own cherished family member or friend’s life was lost to wrongful death. Search around local Hamilton community centers, online, or outside of the city to find a support group that you feel is right for you.

Express Your Emotions In a Positive Way Common methods of dealing with grief are often destructive. Teens and adults alike will turn to alcohol, drugs, and pills to try and cope with the death of someone they loved. Instead of succumbing to the start of an addiction, or something equally bad or worse, push all that negative energy into something more harmless, such as grief writing, singing loudly, or any other activity that allows all that bottled up emotion out. The more positive the release, the better. In some instances, though, negativity is beneficial to be released so that the healing process can begin.