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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.

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

Who is the Responsible Party in a Slip & Fall Accident? 

Who is the Responsible Party in a Slip & Fall Accident? 

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Thousands of Canadians are injured in slip and fall accidents each year. Of those, more than half that are hospitalized are senior citizens. What many accident victims don’t realize is that they often have the right to take legal action against the responsible party. 

Who is the Responsible Party in a Slip & Fall Accident?

According to the law, property owners in Ontario are responsible for keeping their property reasonably safe for visitors. If they fail to do so and a visitor is injured as a result, the accident victim can file a lawsuit against them. 

What is Considered Reasonably Safe? 

What is considered reasonably safe will change from property to property.  For example, it is reasonable to find acres of uneven surfaces and slopes on a farm. The same would not be considered reasonably safe at a shopping center. 

The courts take into account the type of property and expected use when a slip and fall lawsuit is filed. 

Common Causes Of a Slip & Fall Accident 

The following are the most common causes of slip and fall accidents: 

Uneven Sidewalks 

It doesn’t matter if a sidewalk is made from brick, concrete, or stone, just a fraction of an inch can cause someone to catch their foot and fall. 

Ice 

While property owners can’t control the weather, they can take steps to remove snow and ice from the walkways of their property. This must be done in a reasonable amount of time following a winter storm. 

Poor Lighting 

Poor lighting, especially in stairwells, makes it difficult to see and also makes it easy to miss a step. 

Unsecure Handrails 

Handrails exist to help provide support both on level walkways and in stairwells. When a handrail fails, the person using it typically falls. 

Wet Surfaces 

Again, it’s not possible to control the weather, however, property owners should ensure that the entryway has non-slip surfaces. Any spills should be cleaned up immediately and wet floor signs placed in any moist area to keep visitors aware of the risk. 

Slip & Fall Lawyers in Cambridge Ontario 

If you or a loved one were injured in a slip and fall accident, contact our experienced lawyers to learn more about your legal options. We offer no-cost case reviews. Schedule yours now by calling (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 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. 

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.

Living With Spinal Cord Injuries in the Aftermath of an Accident

Living With Spinal Cord Injuries in the Aftermath of an Accident

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After an accident, recovery from injuries often takes a great deal of medical care, time, and patience. But for those who have suffered from a spinal cord injury, the option of living as they were pre-accident may no longer exist. Spinal cord injuries can have a wide range of severity, but in most cases, nerves that sent and received messages from the brain are now damaged. This leads to a loss of function and sensation in areas of the body, depending on where the injury took place. 

An Unfortunate Prognosis

In many cases, a spinal cord injury prognosis is not a good one. Paralysis is only one of the ways that the health of individuals with spinal cord injuries is affected. Life expectancy can be diminished between 15 to 30 years from average. Spinal cord patients are at a higher risk of many diseases such as cardiovascular disease, blood clots, pneumonia, gastrointestinal issues, sexual dysfunction, bladder and bowel dysfunction, and chronic pain. 

The Cost of Care for a Spinal Cord Injury Patient

Although an average of 60 percent of spinal cord injury patients cannot hold employment, the cost of their case can range from $1.5 million to $4.7 million over the course of a lifetime, depending on the age of the patient and the type of injury. According to the Christopher and Dana Reeve Foundation, expenses can range from nearly $350,000 to over $1 million in the first year alone. 

Getting Compensated for Spinal Cord Injuries

Although compensation can never make up for the catastrophic physical and financial impact of a spinal cord injury, a financial recovery can ease the burden. If you or a loved one has suffered a spinal cord injury due to the negligence of another, you may be able to collect compensation from the at-fault party for those injuries. Contact the experienced Cambridge personal injury lawyers at Hilborn and Konduros for a no-cost consultation to understand your rights under the law. 

The Importance of Keeping Accurate Medical and Expense Records When Pursuing a Claim

The Importance of Keeping Accurate Medical and Expense Records When Pursuing a Claim

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After an injury, the last thing on your mind may be record keeping. But keeping accurate and detailed records of your medical and other expenses is crucial if you are seeking compensation for an injury or disability benefits. 

Your treatment will probably come with extensive and often unexpected expenses and keeping track of each one of these is essential.This information will be part of the evidence to support a personal injury claim. When it comes to long-term disability, any successful claim application must substantiate the injury as something that makes it impossible to return to work as well as the costs associated with your ongoing medical treatment. 

Accurate Records are Critical to Your Recovery

An essential part of your recovery or benefits will rely on having these comprehensive and organized expense records as well as all your medical information. These records should include things such as 

  • All expenses for treatment and prescription medications
  • All expenses for hospital and doctor visits
  • Costs for any medical equipment required
  • Results from any medical examinations
  • Any prognosis you may have been given
  • Statements from any attending physicians or other health care professionals
  • Any other medical records

If you have made any payments for procedures or have paid any expenses out of pocket related to your injuries, ask for receipts. These should include any transportation costs or other incidentals as they relate to your injury and care. Even if you aren’t sure of the importance of a document, it is better to keep it anyway and err on the side of caution. 

If you are filing a claim for injuries that were caused by someone else’s negligence, you may eventually choose to pursue compensation through a tort claim against that party. Having this information is critical to help your lawyer calculate what your damages are worth and the amount of your suit. 

Getting the Right Legal Assistance

When pursuing a long-term disability insurance claim or a personal injury claim, having comprehensive and organized records is critical to getting you the compensation and benefits you deserve. Contact the skilled team of Cambridge personal injury lawyers at Hilborn and Konduros if you have questions about a personal injury or long-term disability claim and what evidence and documents you will need. 

How Contributory Negligence Factors Into a Car Accident Lawsuit

How Contributory Negligence Factors Into a Car Accident Lawsuit

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Often, car accidents have multiple points of fault. For instance, one car runs a stop sign and causes an accident, but the driver of the other vehicle was not wearing a seatbelt. Had the other driver been wearing a seatbelt, their injuries would have been far less extensive. 

Who is at Fault and in What Proportion?

In this case, the driver who wasn’t wearing a seatbelt would be at some degree of fault for their own injuries. This is called contributory negligence and what will factor into a personal injury lawsuit that determines liability and compensation for the injured parties. 

How Does Contributory Negligence Work?

If an injured party is found to have contributed to the accident and subsequent injuries, the percentage of their compensation will be reduced by the proportion of their fault. This ensures that all parties who contributed to the accident only be held liable for their own percentage of fault. Consequently, if you have been injured in a car accident, but it was found that you were 25 percent responsible for factors causing those injuries, your compensation will be reduced by 25 percent. 

How is Contributory Negligence Proven?

Negligence is broken down into key elements, each one requiring proof in itself. Proving negligence can be complicated and require substantial evidence.

Because both parties will often want to point fault at the other after an accident, it is critical to have the assistance of a personal injury lawyer advocating for you. A skilled lawyer will conduct in-depth investigations including getting witness interviews, securing photos and video of the scene, reconstructing the accident with skilled professionals, and proving the nature and extent of the injuries. 

If you have been involved in a car accident where another driver was at fault, it is important to get the advice of a Cambridge car accident lawyer to understand your rights as well as your options. Contact the personal injury attorneys at Hilborn and Konduros for a no-cost consultation at (519) 658-6341 to understand your rights if you have been involved in a car accident. 

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