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Common Injuries Sustained In Pedestrian vs Car Accidents

Common Injuries Sustained in Pedestrian vs Car Accidents

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When a car hits a pedestrian it’s no surprise that it’s typically the pedestrian that typically sustains the most damage. Often, the injuries sustained by pedestrians can be catastrophic and can impact their overall quality of life. 

The Most Common Injuries Sustained by Pedestrians 

Here are the most frequently diagnosed injuries in pedestrians who have been hit by a car. 

  1. Spinal Injuries: Fractured vertebrae, spinal cord injuries, and herniated discs can result in partial or full paralysis. 
  2. Brain Injuries: Traumatic brain injuries can impact nearly every bodily function. Patients with a TBI frequently have difficulty with speech, memory, and fine motor functions. 
  3. Amputations: Pedestrians hit by cars often lose a limb. 
  4. Internal Injuries: The force of impact can cause serious damage to any of the internal organs. 
  5. Broken Bones: It can take weeks or months for one fracture to heal. If complications arise, that time period can be extended. 

Pedestrians in Ontario are Protected by The Highway Traffic Act 

According to Section 193(1) of the Highway Traffic Act, when a car vs pedestrian accident occurs, the driver is always initially considered at fault. This means that if the pedestrian chooses to pursue a personal injury lawsuit, the driver must prove that the pedestrian was actually at fault. 

Working With A Car Accident Attorney Drastically Increases Chances Of Recovering Compensation 

The legal team at Hilborn and Konduros have helped many car accident victims recover the compensation they need to pay for medical care, lost wages, pain and suffering, and more. We offer no-cost consultations to pedestrians who have been hit by a car. 

Our team can help by: 

  • Collecting documentation to support your case; 
  • Collecting witness statements;
  • Speaking with the insurance companies.

We fight aggressively to obtain the maximum possible compensation for our clients, whether it be through a settlement or verdict. 

To schedule your no-cost consultation and learn more about your case, call our Cambridge ON office at (519) 658-6341.

Should You Post on Social Media While Pursuing a Personal Injury Lawsuit?

Should You Post on Social Media While Pursuing a Personal Injury Lawsuit?

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Over the past two decades, social media has come to play an important role in the day-to-day lives of Canadians. In Ontario alone, nearly 70% of citizens are active on at least one social media platform. Family and friends stay connected, sharing pictures, posts, and chatting over dozens of different platforms. 

While social media can be a valuable tool, there are negative aspects to its use, highlighting how important it is to be aware of what you are sharing online. 

Courts Can Use Social Media Posts 

The law has worked to keep up with the growth of social media and today, it’s common for requests to be made to access a plaintiff’s social media. In many instances, requests don’t even need to be made because the plaintiff’s social media is public for all to see. 

So how can this impact a personal injury lawsuit?

Essentially, social media posts can legally be seen as statements. For example, if a plaintiff claims that they are unable to continue with their normal everyday activities and hobbies because of a neck injury but then post a picture playing hockey on their social media, this could be used as evidence against them. 

How Can Plaintiffs Protect Themselves On Social Media? 

When pursuing a personal injury lawsuit it’s wise to take steps to ensure that social media doesn’t hurt the case. While it’s not necessary to cut out all social media during litigation, it is wise to exercise extreme caution. 

  1. Never post information about conversations that took place with an attorney. 
  2. Review and change privacy settings. Be sure to enable the ability to review any tagged photos.
  3. Remove any “friends” or connections that aren’t directly known or recognized. 
  4. Don’t accept new friend requests from anyone who isn’t directly known. 

Again, be very mindful of anything that is posted. 

Contact a Cambridge, ON Personal Injury Attorney 

If you or a loved one have been injured in an accident, contact the legal team at Hilborn and Konduros for a no-cost consultation. Call (519) 658-6341.

What Is Contributory Negligence

What Is Contributory Negligence?

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When an accident occurs it’s frequently easy to determine who is at fault. However, there are times when a victim’s own negligence contributed to the accident or the injuries they sustained. 

Contributory Negligence: What is it? 

Essentially, when a plaintiff’s negligence contributes to the seriousness of an accident, this is considered contributory negligence. 

An example of contributory negligence comes from car accident lawsuits. If a driver is driving drunk and loses control of their vehicle, striking another, they are considered at fault for the accident. However, if the victim failed to wear their seatbelt, the defendant may argue that they contributed to the seriousness of their injuries by failing to use the provided safety device. 

How Does Contributory Negligence Impact Personal Injury Lawsuits? 

If it can be determined that the plaintiff was negligent, the court will assign a percentage to that negligence. Any compensation awarded to the plaintiff will be reduced by that percentage. 

For example, if a car accident plaintiff is awarded $1 million in damages but it was determined that they were 25% at fault, the award would be reduced to $750,000. 

Proving Contributory Negligence

In order to show that the plaintiff was negligent, a defendant must show that the plaintiff owed themselves a duty of care and should have taken steps to contribute to their own safety. It must then be proven that the plaintiff failed to provide that duty of care.

Work With An Experienced Cambridge ON Lawyer

It’s always important to work with an experienced personal injury attorney when taking legal action. An attorney can help: 

  • Collect eyewitness statements;
  • Contact specialists to recreate an accident scene;
  • Collect documentation to support the lawsuit;
  • Speak with insurance companies;

To learn more about your legal options after an accident, contact our law office at (519) 658-6341.

What is a Wrongful Death Case?

What is a Wrongful Death Case?

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When a person dies because of the negligence of another party, their loved ones have the right to file a lawsuit. This lawsuit is known as a wrongful death lawsuit. 

Common Types of Wrongful Death Lawsuits

The most common types of accidents that result in wrongful death claims include: 

  • Car Accidents
  • Pedestrian Accidents
  • Slip and Fall Accidents 
  • Boating Accidents 
  • Pool Drowning Accidents 

Medical malpractice is also another common reason for filing a wrongful death lawsuit. 

Who Can Sue for Wrongful Death in Ontario? 

In most personal injury lawsuits, the plaintiff is the person who was harmed by someone else’s negligence. When the person who would have been the plaintiff passes away, it is their loved ones who are legally allowed to file on their behalf. 

The Ontario Family Law Act outlines who can file a wrongful death claim, including: 

  • Spouses, both common law and marriage;
  • Children
  • Grandchildren
  • Parents
  • Grandparents
  • Siblings

Damages that can be recovered include compensation for medical treatments the deceased required before passing away, loss of income, loss of companionship, and funeral and burial expenses. The total amount recoverable varies from case to case. 

What Does a Plaintiff Need to Prove? 

The plaintiff in a wrongful death case must prove: 

  1. That the defendant owed a duty of care to the deceased. 
  2. The defendant acted negligently and breached the duty of care. 
  3. The deceased died as a result of the breach of duty of care. 

It can be surprisingly difficult to prove that a defendant’s negligence resulted in harm to the deceased, which is why it’s important to work with an experienced attorney. 

Contact Our Cambridge, Ontario Lawyers Today

The experienced legal team at Hilborn and Konduros offer no-cost consultations to the loved ones of those who were killed by another party’s negligence. Call (519) 658-6341 to learn more about how you can seek justice on behalf of your family. 

What To Expect During A Personal Injury Lawsuit In Ontario

What to Expect During a Personal Injury Lawsuit in Ontario

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As an accident victim, you may have been relieved to hear that you can file a legal claim seeking compensation from a negligent party. This legal claim, commonly known as a personal injury lawsuit, isn’t a simple process. Below you’ll see an outline of the legal process so that you and your loved ones know what to expect. 

The Steps in a Personal Injury Lawsuit

Here are the phases of a personal injury lawsuit.

  1. Hiring An Attorney: Choosing the right legal team is perhaps the most important decision in the legal process. When you choose Hilborn and Konduros, you can rest easy knowing you have an experienced legal team on your side. 
  2. Document Gathering: This step involves gathering as many documents that are related to your case as possible. This might include police reports, insurance paperwork, medical records, income statements, and even video evidence. 
  3. Pleadings: The pleadings outlines the case for the court and names the defendants. The defendants then have a set period of time to respond to the legal claim. 
  4. Discovery: During discovery, all involved parties are required to list and provide copies of all documents that are relevant to the case. Oral discovery often takes place in the form of interviews. 
  5. Pre-Trial: A Pre-Trial judge is assigned and the attorneys present a theory. The judge and attorneys will discuss the strengths and weaknesses of the case. The hope is that this process will end with a settlement. 
  6. Trial: If a settlement agreement the case will go to trial where our legal team will fight aggressively for the compensation you deserve. 

Our legal team understands how stressful this time is and will help to guide you through this process step by step. 

Is it Better to Settle or Go to Trial? 

The decision to settle or go to trial is a very personal one. Our legal team will always present all offers to settle, however, the choice is ultimately yours. In some cases, no offer is made and the case must proceed to trial. 

Don’t Wait – Call Our Cambridge ON Law Firm Today

Our law firm offers no-cost consultations to accident victims. Call (519) 658-6341 to learn more about your legal rights.  

Neck injury lawyers

Neck Injuries: The Invisible Injury

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Neck injuries are some of the most common types of injury diagnosed after a car accident or slip and fall. Despite this, it can be difficult to obtain the compensation needed to cover medical expenses, lost wages, and even physical pain and suffering. Why? Simply put, neck injuries are “invisible”. 

Neck Injuries That Are Frequently Diagnosed In Accident Victims

Accident victims are frequently diagnosed with: 

  • Whiplash;
  • Pinched Nerves;
  • Herniated Discs;
  • Vertebral Fracture;
  • Spinal Cord Injury.

These injuries can be excruciatingly painful and cause a wide range of symptoms, including but not limited to: 

  • Burning, tingling, or numbness which can spread into the shoulder, arm, and hands;
  • Muscle spasms;
  • Migraines;
  • Weakness;
  • Reduced range of motion.

Many patients with neck injuries struggle to be taken seriously, even by doctors, because their injury typically isn’t visible to the naked eye. They, however, are no less deserving of compensation than those with visible injuries. 

Do I Have A Legal Claim For My Neck Injury In Ontario? 

If another party acted negligently and injured you as a result, you have the legal right to recover damages from the party who caused the injury. 

Recovering damages isn’t a simple process. In each case, the plaintiff has to prove the defendant was negligent, thereby causing them injury. Ample evidence must be collected, including accident reports, photographs, medical statements, income documentation, and even witness statements. 

How Quickly Must A Claim Be Filed? 

The law does limit the amount of time in which a person can file a personal injury lawsuit. The Limitations Act requires that the majority of personal injury claims be filed within two years. 

Don’t Wait – Contact an Experienced Legal Team Now

You aren’t alone. At Hilborn and Konduros, our experienced team of personal injury attorneys can help you fight for the compensation you deserve. Contact us for a no-cost consultation or call us at (519) 658-6341. 

Recovering Compensation For Burn Injuries

Recovering Compensation For Burn Injuries

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Have you been burned in a car accident? You already know the devastating impact that this type of injury can have on your life. What you may not know is that you have the right to recover damages that will help to pay for medical bills, lost wages, and more. 

Burns: A Life-Altering Injury

The medical community breaks burns down into “degrees”:

  • 1st-Degree: A 1st-degree burn involves the outer layers of the skin and takes 3-5 days to heal. 
  • 2nd-Degree: When a patient is diagnosed with a 2nd-degree burn, the burn is then classified as partial or full-thickness. A partial 2nd-degree burn can take 10-21 days to fully heal, while a full-thickness burn can take more than a month to heal and often requires a skin graft. 
  • 3rd-Degree: 3rd-degree burns destroy all layers of the skin and can cause nerve damage. Skin grafts are required for the burn to heal. The healing process can take more than a year. 
  • 4th-Degree: A 4th-degree burn involves the skin, muscles, and even the bone. In almost every case, the only option is to surgically remove the burned portion of the body. 

Burns, which often require surgery and hospitalization, are very expensive to treat. In addition to this, it is frequently impossible for patients to continue working, not only during their treatment but for an extended period of time after. Many burns can be completely disabling. 

Taking Legal Action Against a Negligent Driver 

A car accident lawsuit can help burn victims recover compensation for the losses that they have sustained. This lawsuit is filed against the driver who caused the accident. 

The experienced car accident lawyers at Hilborn and Konduros can help. Our legal team offers no-cost consultations during which your case will be reviewed and all legal options discussed. Together, we can help you and your loved ones fight for justice. 

Call our Cambridge, ON legal office at (519) 658-6341 or contact us using our online form. 

Can I Sue If A Car Defect Caused An Auto Accident

Can I Sue If a Car Defect Caused an Auto Accident?

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There are thousands of car accidents each year in Ontario, many caused by a negligent driver. There are times, however, when a defect causes an otherwise attentive driver to lose control and crash. 

Can I Sue A Car Part Manufacturer If I Was Injured In An Accident? 

Yes, Canadian law does give accident victims the right to seek compensation from the party whose negligence caused them harm. When a car accident is caused by a defect, the negligent party is frequently the designer and/or manufacturer of the defective part. 

Car parts that have been found to be defective in the past include: 

  1. Seat Belts
  2. Turn Signals
  3. Brakes
  4. Airbags
  5. Engines
  6. Tires

How Can I Prove A Car Part Was Defective? 

There are important steps that every car accident victim should take following a crash: 

  1. Seek medical care: Don’t hesitate to see a doctor immediately following an accident. 
  2. Take photos: If possible, take photos of the scene of the accident, any injuries that were sustained, and the vehicles involved. 
  3. Collect witness contact information. 
  4. Start collecting copies of all records relating to the accident. This could include police records and insurance paperwork. 
  5. Contact an experienced car accident attorney. 

A car accident lawyer can work to prove negligence in car accident claims. When an auto part is defective, negligence is generally broken down into four categories:

Defective Design

A part can have a significant flaw in its very design, a flaw that exists even before it is manufactured. 

Manufacturing Defect

Just because a product is well designed doesn’t mean that it is manufactured correctly. Poor quality materials, incorrect chemical mixtures, and more can result in a product that fails to perform as it should. 

Failure To Properly Inspect Or Test Products

Things and car designs change rapidly in the auto industry. Every manufacturer must test their new products before it ends up in the consumer’s hands. 

Failure to Warn Consumers

Every manufacturer has the duty to warn consumers about any dangers associated with their products. If they fail to do so, they can be held responsible for any injuries that occur as a result. 

Contact the Experienced Car Accident Attorneys At Hilborn And Konduros

If you’ve been seriously injured in a car accident, contact our Cambridge ON legal team for a no-cost consultation. Call (519) 658-6341 to get started. 

What is Your Duty to Disclose When Applying For Long-Term Disability?

What is Your Duty to Disclose When Applying For Long-Term Disability?

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While most applicants for long-term disability benefits do so through an employer’s policy, many have taken out disability and critical illness policies on their own. And if certain health issues have not been disclosed on the application, these policyholders may be out of luck when it comes to collecting benefits. 

Qualifying for These Benefits

Private insurance policies require you to submit an application to qualify for their coverage. They will make decisions on your qualification ability as well as your premium amounts by examining your application in detail. Qualification and premiums will be dependent on many factors, including your age, health, lifestyle choices, and other risk factors.

Weighing Their Risk

Insurance companies are for-profit businesses, and their goal is to provide less benefits than they take in premiums. Consequently, their underwriters focus sharply on potential risk when considering an applicant. This risk is assessed by how you have responded to questions on your application. If an applicant doesn’t tell the truth on their application, the company can’t assess risk. They also may use that information to deny benefits to you should you need them. And in most cases, those denials are upheld in court if you decide to legally pursue it. 

Your Duty to Disclose

When you are applying for life insurance, critical care insurance, or individual long-term disability insurance, you are required by law to tell the truth about your health. Under Section 183 (1) of the Insurance Act, an applicant for insurance must disclose “every fact within the person’s knowledge that is material to the insurance….”

Getting Legal Guidance

If you have been denied long-term disability benefits or other insurance benefits unfairly, you may have legal recourse. But if the denial involves your own duty to disclose, you may be out of luck. Getting legal guidance is critical. If you believe you have been unfairly denied insurance benefits, the Cambridge ON long-term disability lawyers at Hilborn and Konduros may be able to help. Contact or call us at (519) 658-6341 to schedule a complimentary consultation to discuss your case.

Common Mistakes That Are Made After a Car Accident in Ontario

Common Mistakes That Are Made After a Car Accident in Ontario

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Nobody is ever prepared for a car accident and, unfortunately, when they happen, few understand what they should do. It’s critical to understand how to react to a car accident, especially if it may result in an accident claim. 

Report the Accident

Ontario law requires that you report the accident to police if damages appear in excess of $2,000. Otherwise, you have 24 hours to report it. Better that you report the accident immediately. A police report offers critical evidence and collects important information. 

In addition, you typically must report your accident within seven days to your insurance company in order to qualify for statutory accident benefits. 

Don’t Admit Fault

Although saying you are sorry after an accident does help diffuse the tension, never say anything that may be construed to mean that you are admitting fault. Unfortunately, this may be used against you if the accident results in a tort claim.

Collect Evidence, If Possible

If you are able, you should collect information from the other drivers and witnesses, such as contact and insurance information. Take photos of all the damage and the scene of the accident. 

Get Immediate Medical Attention

While you may not feel injured in the moment, your body is on adrenaline overload after an accident. And adrenaline mutes the body’s response to pain. You may begin to see and feel symptoms hours and even days after the accident, especially if it concerns a brain injury or concussion. 

It’s best for your health and a possible injury claim if you seek medical intervention immediately so you can address injuries proactively. Furthermore, insurance claims will require proof of injury and a paper trail to support benefits. 

Contact a Skilled Legal Professional 

If you have been injured in a car accident due to the fault of another driver, you may be entitled to compensation from that driver. But Ontario laws are complicated when it comes to pursuing an injury claim. At Hilborn and Konduros, our experienced team of Cambridge ON car accident attorneys can help. Contact us for a no-cost consultation or call us at (519) 658-6341.

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