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Wrongful Death Lawsuits Following a Car Accident

Wrongful Death Lawsuits Following a Car Accident

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According to the Ontario Provincial Police, aggressive driving and speeding resulted in a ten-year high in road fatalities in 2021. A total of 315 people lost their lives in an auto accident. 

Fatal Car Crashes and Wrongful Death Lawsuits 

Losing a loved one is never easy. When that loss comes unexpectedly, the devastation it can cause isn’t just mental and emotional. Unexpected deaths can wreak havoc on the surviving families who are left behind. 

While nothing can take away the pain of losing a family member, a lawsuit can be filed against the party responsible for the fatal crash to recover compensation that will ease any financial burdens. This lawsuit is called a wrongful death lawsuit. 

Who Can File a Wrongful Death Lawsuit? 

In Ontario, the spouses, children, parents, grandparents, and siblings of the deceased may be able to file a wrongful death lawsuit. 

Financial Support Through Compensation 

When someone dies, it’s not just their presence that will be missed. Oftentimes, the victim was a financially contributing member of a household. 

Compensation that is sought in a wrongful death lawsuit is based on several factors, including the financial contribution made by the victim, the loss of guidance, care, and companionship, and actual expenses. 

Actual expenses include things like any medical treatments that were administered to the victim between the time of the accident and the time of death and funeral and burial expenses. 

Call an Experienced Attorney 

At Hilborn and Konduros, our experienced team of Cambridge ON car accident attorneys can help. We understand how difficult this time is and approach the legal process with compassion for your loss. To learn more, contact us for a no-cost consultation or call us at (519) 658-6341.

The Top Causes Of Personal Injury Accidents In Autumn

The Top Causes Of Personal Injury Accidents In Autumn

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Autumn has arrived and with it, a change in weather. While many find this change refreshing and love what the season brings, the reality is that new environmental hazards come into play. 

New Hazards Arrive With the Change of Seasons

During autumn, two types of personal injury accidents are likely to occur. 

Slip and Fall Accidents

It’s essential for property owners and managers to ensure that every area is safe and hazard-free during the fall when weather changes increase: 

  • Standing Water
  • Mud
  • Fallen Leaves
  • Fallen Branches
  • Snow

Storms can also cause damage to structures like steps and sidewalks, creating unsafe walking conditions. 

Car Accidents 

Car accidents are more likely to occur for the same reasons listed above. Even safe drivers can lose control when tires hit a wet patch of leaves or ice. 

The change in seasons also results in shorter days. The loss of light earlier in the day can not only impact driving conditions but can also impact a person’s sleep cycle. Fatigued driving can be just as dangerous as drunk driving, as sleeping drivers completely lose control over their vehicle. 

What to Do if You Are Injured This Autumn

If you or a loved one are seriously injured in an accident this autumn you could be eligible for a personal injury lawsuit. The compensation obtained through a lawsuit could pay for medical bills, lost earnings, physical pain and suffering, and more. 

Protect yourself and the evidence by taking the following steps after an accident: 

  • Seek immediate medical care. 
  • Take photographs if possible of the scene of the accident and the resulting injuries. 
  • Collect witness contact information.
  • Begin collecting medical records. 

Contact an Experienced Personal Injury Attorney

At Hilborn and Konduros, our experienced team of Cambridge ON personal injury attorneys can help. Contact us for a no-cost consultation at (519) 658-6341. 

Who Is Responsible For Debris Falling From Vehicles_

Who Is Responsible For Debris Falling From Vehicles

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Often when we think of car accidents, we imagine that a driver has failed to pay attention and has run into another car. However, a surprising number of car accidents are caused by debris falling from one vehicle and striking another.

Type Of Debris That Often Cause Car Accidents

Nearly anything can be hauled with a vehicle and if not properly secured, can fall during transit, hitting others on the road. The most common include:

  • Wood: Logs and lumber often slip through tie downs and hit unsuspecting drivers.
  • Stone: Landscaping companies haul gravel and decorative stone regularly.
  • Furniture: Many homeowners try to save money by picking up new furniture and transporting it on a vehicle that may not be equipped to handle the load.
  • Hay
  • Garbage

When debris hits a vehicle, it can damage both the vehicle and the occupants inside.

Steps To Take If You’ve Been Injured In A Car Accident

If you have been involved in an accident, there are several very important steps you should take.

Seek Medical Care Immediately: Don’t wait to get the medical care that you need. Many injuries are made worse when medical care is delayed.
Obtain A Police Report.
Collect Witness Information: If possible, ask for the contact information of anyone who saw the accident take place.
Take Photographs: Be sure to take as many photographs as possible – of the scene, the cars involved, the debris that hit the car, and any injuries.

Taking Legal Action In Ontario After A Car Accident

At Hilborn and Konduros, our experienced team of Cambridge ON car accident attorneys fights aggressively for the rights of car accident victims. Contact us for a no-cost consultation. Call us at (519) 658-6341.

Can I Sue After A Construction Zone Accident

Can I Sue After A Construction Zone Accident?

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Although distracted driving, speeding, and a failure to yield can cause car accidents at any time, the risk of being involved in an accident is greatly increased in a construction zone. 

Construction Zone Accidents Cause Catastrophic Injuries 

It’s no secret that construction zones can slow down traffic and cause traffic jams. This congestion, paired with dangerous driving habits, creates a dangerous environment. If a driver fails to stop, not only will they likely hit another vehicle, but they may also send that first vehicle crashing into several others. 

In addition to other cars, the crash could easily involve and injure workers in the construction zone. 

Construction zone accidents frequently result in: 

  • Head Trauma
  • Neck Injuries
  • Spinal Cord Damage
  • Lacerations
  • Amputations
  • Burns
  • Broken Bones

It can take months or even years to heal from traumatic injuries and in many cases, it may not be possible to regain full function. 

Car Accident Victims Deserve Compensation For Their Injuries 

Car accident injuries can impact a person’s ability to work and enjoy life. This is why the law allows accident victims to take legal action against those responsible. 

A car accident lawsuit can provide compensation for past and expected future medical expenses, lost wages, and pain and suffering. 

Can I Sue If My Loved One Was Killed In A Car Accident? 

Yes, you may have the right to sue if your loved one was killed in a car accident. This type of lawsuit is known as a wrongful death lawsuit. 

To learn more about car accident lawsuits and wrongful death lawsuits, contact the experienced legal team at Hilborn and Konduros. Our law firm offers a no-cost consultation.  Call us at (519) 658-6341.

The Top Causes Of Motorcycle Accidents

The Top Causes Of Motorcycle Accidents

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Did you know that May is Motorcycle Safety Awareness Month? There’s nothing like traveling the open road on the back of a motorcycle and as the weather gets warmer, thousands of riders will be out. Unfortunately, some of those motorcyclists will end up in accidents.

Knowledge is power and understanding what causes the majority of motorcycle accidents can help prevent them. 

The Top Causes Of Motorcycle Accidents In Ontario

Let’s review the most common causes of motorcycle crashes:

Distracted Drivers

Drivers frequently attempt to multitask which is a terrible idea. Many drivers are guilty of doing the following tasks while behind the wheel: 

  • Texting;
  • Eating/Drinking;
  • Reaching For An Object;
  • Handling Kids/Animals.

Whatever the reason, distracted driving is a top cause of car and motorcycle accidents. 

Failing To Yield While Turning Left 

Cars and other motorcycles making a left-hand turn must yield to oncoming traffic. Frequently, other drivers fail to see a motorcycle coming or think they can make the turn and fail to do so in time. 

Road Hazards

As every motorcycle rider knows, these vehicles can’t handle poor road conditions as well as a car can. A deep pothole, debris in the road, gravel, and oil spills can cause a bike to careen out of control. 

Motorcycle Part Defect/Poor Repair 

If a defective part fails during a ride, the results can be deadly. Motorcycle riders trust parts manufacturers and mechanics to keep their bikes in a safe working condition. 

Motorcycle Accident Lawsuits: Can You Sue?

If you or a loved one have been seriously injured in a motorcycle accident, you could be able to take legal action against the responsible party. This personal injury lawsuit could ultimately provide the financial compensation needed to pay for medical bills, lost wages, and more. 

At Hilborn and Konduros, our experienced team of Cambridge, ON motorcycle accident attorneys can help. Contact us for a no-cost consultation or call us at (519) 658-6341.

What Type Of Compensation Can Drunk Driving Accident Victims Get?

What Type Of Compensation Can Drunk Driving Accident Victims Get? 

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If you or a loved one have been seriously injured in a car accident that was caused by a drunk driver you have the right to take legal action. A drunk driving civil lawsuit helps accident victims recover the compensation they need to move forward. 

When a court awards compensation, that compensation is known as “damages”. Plaintiffs in drunk driving lawsuits can be awarded compensatory damages that help to cover medical bills, lost wages, and physical pain and suffering. 

The total amount awarded to each plaintiff varies greatly and is based on the actual losses that were sustained, as well as expected future expenses. 

Who Can an Accident Victim Sue in Ontario? 

The answer might seem simple – accident victims can take legal action against the drunk driver who caused the accident. However, there could be another party that can be held legally liable. The establishment that provided the alcohol. 

In Ontario, Section 39 of the Liquor Licence Act R.S.O. 1990, c. L.,19 holds establishments liable for selling liquor to individuals who become intoxicated and then cause injury to another party. Basically, bar and restaurant owners have a duty to protect the public from harm by not allowing patrons to become intoxicated. 

An establishment can accomplish this by not overserving patrons, ensuring that intoxicated patrons leave in a taxi or rideshare, or by making sure a designated driver takes the patron home. 

Who is More Liable, The Driver or the Establishment? 

Typically, the drunk driver will be considered more liable than the establishment which served them alcohol. However, depending on the circumstances, liability could be considered 50/50. 

Contact an Experienced Ontario Car Accident Attorney

Our legal team offers no-cost consultations to the victims of drunk drivers. We will review your case and inform you of all legal options available to you. Don’t wait – there are strict timelines during which a claim must be filed. 

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

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.

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.  

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