Menu

Catastrophic Injury

Navigating Personal Injury Law in Ontario: A Guide for Car Accident Victims

Navigating Personal Injury Law in Ontario: A Guide for Car Accident Victims

, , , , , 0

If you have been injured in a car accident in Ontario, you may be wondering what steps you need to take to protect your rights and seek compensation for your injuries. Personal injury law in Ontario can be complex, so it is important to understand your rights and options.

In Ontario, the insurance company of the at-fault driver is responsible for compensating individuals who have been injured in a car accident. This can include compensation for medical expenses, lost income, and pain and suffering.

To make a personal injury claim in Ontario, you will need to file a Notice of Loss with the at-fault driver’s insurance company as soon as possible. This document provides the insurance company with details about the accident, your injuries, and the damages you are seeking. You should also keep track of all documentation related to the accident and your injuries, including medical bills and reports, and any correspondence with the insurance company.

If the insurance company denies your claim or does not offer a settlement that you believe is fair, you may need to file a lawsuit to seek compensation. In Ontario, personal injury lawsuits must be filed within two years of the date of the accident.

It is important to keep in mind that car accident injuries can be serious and have long-term effects on your health and well-being. If you have been injured in a car accident, it is important to seek medical attention as soon as possible and follow all recommended treatment plans. Failing to do so can jeopardize your ability to seek compensation for your injuries.

It is also a good idea to speak with a personal injury lawyer to understand your rights and options. A lawyer can help you navigate the legal process and negotiate with the insurance company on your behalf. They can also advise you on the strengths and weaknesses of your case and help you understand the potential outcomes.

If you are considering making a personal injury claim after a car accident in Ontario, it is important to act quickly. The sooner you seek legal advice and begin the process of seeking compensation, the better your chances of a successful outcome. Don’t let the insurance company take advantage of you – get the compensation you deserve for your injuries and losses.

Contact our team at Hilborn and Konduros today to get the compensation you deserve.

tingey-injury-law-firm-veNb0DDegzE-unsplash

Understanding the Different Types of Damages Available in a Personal Injury Case in Ontario

, , , , , 0

If you have been injured in an accident in Ontario, Canada, you may be entitled to seek damages for the losses and expenses you have incurred as a result of your injuries. In a personal injury case, damages are financial compensation awarded to the injury victim to cover the costs of their injuries and help them return to their pre-accident state.

There are several types of damages that may be available in a personal injury case in Ontario, including:

  1. Medical expenses: If you have been injured in an accident, you may be entitled to seek compensation for the costs of your medical treatment, including hospital bills, medication costs, and rehabilitation expenses.

  2. Lost income: If you have been unable to work due to your injuries, you may be able to seek compensation for the wages or salary you have lost as a result.

  3. Pain and suffering: You may be able to seek compensation for the physical and emotional pain and suffering you have experienced as a result of your injuries. This type of damages is intended to compensate you for the non-financial impacts of your injuries.

  4. Loss of consortium: If your injuries have impacted your ability to have a normal relationship with your spouse or partner, you may be able to seek compensation for the loss of companionship and support.

  5. Property damage: If your personal property, such as your car, was damaged in the accident, you may be able to seek compensation to cover the cost of repairs or replacement.

  6. Punitive damages: In some cases, the court may award punitive damages as a way to punish the defendant for particularly reckless or negligent behavior.

It is important to note that the amount of damages you are entitled to receive will depend on the specifics of your case and the extent of your injuries. Our team at Hilborn and Konduros can help you understand the damages you may be entitled to and assist you in negotiating with the insurance company to get the compensation you deserve. Contact us today.

Navigating the Legal Process for Employee Injuries at Work in Ontario

Navigating the Legal Process for Employee Injuries at Work in Ontario

, , , , , 0

If you have been injured at work in Ontario, Canada, you may be wondering what steps you need to take to protect your rights and seek compensation for your injuries. In Ontario, employees who are injured on the job are generally entitled to workers’ compensation benefits, which can cover the costs of medical treatment and lost income. In some cases, however, it may be necessary to file a lawsuit to seek additional compensation for your injuries.

Here are some key things to know about employee injuries at work lawsuits in Ontario:

  1. Workers’ compensation benefits: In Ontario, employees who are injured on the job are generally entitled to workers’ compensation benefits, regardless of who was at fault for the accident. These benefits can cover the costs of medical treatment, rehabilitation, and lost income. To receive workers’ compensation benefits, you will need to report your injury to your employer and file a claim with the Workplace Safety and Insurance Board (WSIB).

  2. Filing a lawsuit for additional compensation: In some cases, the workers’ compensation benefits you receive may not be sufficient to cover the full extent of your injuries and losses. If your injuries are severe or if you have suffered a permanent disability, you may be able to file a lawsuit against your employer or a third party to seek additional compensation.

  3. The role of an employment lawyer: If you are considering filing a lawsuit for employee injuries at work, it is a good idea to speak with an employment lawyer. A lawyer can help you understand your rights and options, gather evidence, and build a strong case on your behalf. They can also assist you in negotiating a settlement or representing you in court.

    If you have been injured at work in Ontario, it is important to seek legal advice to understand your rights and options. A personal injury lawyer can help you navigate the legal process and ensure that you get the compensation you deserve for your injuries and losses. Don’t let your employer or a third party get away with causing your injuries – stand up for yourself and seek the justice you deserve.

  4. Proving liability: To succeed in a lawsuit for employee injuries at work, you will need to prove that your injuries were caused by the negligence or wrongdoing of your employer or a third party. This may involve gathering evidence such as witness statements, accident reports, and medical records.

  5. Time limits for filing a lawsuit: It is important to act quickly if you are considering filing a lawsuit for employee injuries at work. In Ontario, you generally have two years from the date of the accident to file a personal injury lawsuit. If you do not file your lawsuit within this time frame, you may be barred from seeking compensation for your injuries.

Time is of the essence, if you have been injured at work, get in touch with our team right away to have the best chance at getting compensated for your injuries.

The Top Causes Of Personal Injury Accidents In Autumn

The Top Causes Of Personal Injury Accidents In Autumn

, , , , , , , 0

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. 

Can I Sue After A Construction Zone Accident

Can I Sue After A Construction Zone Accident?

, , , , , 0

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.

What Type Of Compensation Can Drunk Driving Accident Victims Get?

What Type Of Compensation Can Drunk Driving Accident Victims Get? 

, , , , , 0

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

What Is Contributory Negligence

What Is Contributory Negligence?

, , , 0

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?

, , 0

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

, , , , , 0

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.  

Recovering Compensation For Burn Injuries

Recovering Compensation For Burn Injuries

, , 0

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. 

Load More