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Spinal Cord Injury

What is the Statute of Limitations For a Car Accident Lawsuit in Ontario?

What is the Statute of Limitations For a Car Accident Lawsuit in Ontario?

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What is the Statute of Limitations For a Car Accident Lawsuit in Ontario?

In Canada, we have limits in how long an individual has to come forward with a lawsuit. Whereas there is no time limit for criminal charges, civil matters have a definitive time limit under our statute of limitation requirements. 

In Ontario, you have a limit of two years to bring a car accident lawsuit against a negligent party. Furthermore, you only have 120 days to provide notice to the defendant. This reduces to 10 days if your claim is against the province or municipality. 

What is the Purpose of a Statute of Limitations?

Limitations were put into place for civil matters for practical reasons.They were primarily implemented to protect defendants from lawsuits after a long period of time when evidence and witnesses were no longer available and memories had faded. 

Consequently, the provincial government decided that two years was a reasonable time limit to bring a claim. This allowed time for damages and injuries to play out, evidence to be gathered, and necessary documents to be filed. 

Time is of the Essence in Personal Injury Lawsuits

Although two years may seem like an ample amount of time for a lawsuit, the legal system can be slow and cumbersome. Preservation of evidence is critical in personal injury torts. Witnesses move away or become otherwise unavailable. Filing paperwork can take time. After sustaining serious injuries, the last thing you want is for time to run out for you to get compensated and hold the at fault party accountable.

Other Time Limits to Consider

After a car accident, you have seven days to notify your insurance company about the accident. You then have 30 days to apply for benefits. If are denied benefits by your insurance company, you then have two years from the date of the accident to file a lawsuit against your insurer. 

Getting Legal Assistance 

Because of stringent timelines with car accident torts, it is important that you get the assistance of a Cambridge car accident lawyer as soon as possible. At Hilborn and Konduros, we get to work immediately to ensure your best outcome after a car accident injury. Contact us at (519) 658-6341 to schedule a free consultation. 

Why You Should Never Delay Treatment After an Accident in Ontario

Why You Should Never Delay Treatment After an Accident in Ontario

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Especially during these times of COVID-19, injury victims may be reluctant to seek medical treatment after an accident in Ontario. Unfortunately, this can not only cause you to suffer from your injuries needlessly, but lack of immediate medical attention after an accident can derail any claim you may file subsequently for your injuries. 

Injuries That Can Worsen With Time

Although some injuries may seem minor after an accident, things such as traumatic brain injuries or soft tissue injuries can become apparent days or even weeks after the accident. According to the National Institute on Neurological Disorders and Stroke, whiplash, a common injury in a car accident, will often take several days to become apparent. Things such as brain bleeds can cause symptoms as elusive as a headache but can have life-threatening implications. 

Waiting to get medical care can worsen the severity of an injury, particularly ones that rely on critical immediate diagnosis to curtail their severity. 

How a Delay in Treatment Can Hinder Your Injury Claim

After an accident, your insurance company will look at the actions you took immediately after the accident when considering a settlement for compensation. Unfortunately, injured parties who do not seek medical attention immediately after their accident can be seen adversely by the insurance company. Insurance may use it to show that your injuries were not as severe as you claim. This can result in a reduction of benefits or even a denial of your claim. 

If you seek further compensation from the at-fault driver, the driver will only be liable for the injuries directly sustained in the accident. If you delay treatment, you run the risk of your condition worsening and the at-fault driver not being considered responsible. 

If you have been injured in a car accident in Ontario and are having difficulty getting fairly compensated by insurance, contact the personal injury team at Hilborn and Konduros at (519) 658-6341 to get important legal advice about your options. 

How a Slip and Fall Claim Against a Municipality Differs From One Against a Private Owner in Ontario

How a Slip and Fall Claim Against a Municipality Differs From One Against a Private Owner in Ontario

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We are in the middle of winter, which is slip and fall weather here in Ontario. Unfortunately, slip and fall accidents can result in serious injuries. As an injury victim, you may be able to file a slip and fall claim against the property owner. But what if you sustain your injury on public property?

A Slip and Fall Accident on City Property

In Ontario, walkways and other areas on city property are often in a state of disrepair and can be icy in the winter. This can lead to slip and fall accidents. But unlike private properties, Ontario’s Municipal Act governs a slip and fall accident on any city property. These are handled differently than if you had sustained an injury on private property. 

A Different Standard of Care 

A slip and fall accident occurring on private property is governed by the Occupiers’ Liability Act and requires proof of the owner’s negligence for a successful claim. But for the city to be held liable for an injury on public property, Ontario’s Municipal Act requires that the injured party prove that there was gross negligence involved. Consequently, since the standard of care is different, not all slip and fall accidents on city property may be eligible for an injury claim. 

A Time Limit to File

There is also a 10-day time limit for a slip and fall claim to be filed in order to succeed against a city or municipality. The city must be advised by registered mail of a slip and fall occurrence within ten days of the accident. Failure to do that can potentially void a claim against the city for your injuries. 

Slip and fall accidents can cause severe injuries and extensive costs. You may be able to hold the city accountable, but a slip and fall claim against a municipality is often challenging to prove. If you have suffered a slip and fall accident on municipal property in Ontario we may be able to assist you with a claim against the city. Call the personal injury lawyers at Hilborn & Konduros Law Firm for a free consultation at (519) 658-6341 to discuss your case. 

Things You Must Know About Pain and Suffering Claims in Ontario

Things You Must Know About Pain and Suffering Claims in Ontario

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If you have been injured in Ontario, you may be eligible for compensation for your damages. This can include compensation for what is called “pain and suffering.” 

The term pain and suffering is a blanket legal term that refers to physical and emotional pain and turmoil that you have suffered as the result of your injuries. Unfortunately, pain and suffering is highly subjective and can be difficult to quantify for purposes of an injury claim. 

What Will Be Considered When Determining a Pain and Suffering Award?

Here in Canada, compensation for pain and suffering is not an easy thing to pursue. An injured party must exhibit serious physical, mental, or psychological impairment to be awarded pain and suffering compensation. 

When considering a pain and suffering claim, the court will consider many things, including:

  • The nature of the injury
  • The severity of the injury
  • The severity and duration of the pain 
  • Emotional suffering
  • The injured party’s age
  • Any disability
  • Any loss of life expectancy
  • Any loss of amenities
  • Impairment of life
  • Impairment to family, marital or social relationships

as well as other things that the court may consider relevant to the claim. 

Caps on Awards

There are also caps on pain and suffering awards in Ontario to consider. In 1978, the Supreme Court imposed caps on the amount of compensation that could be awarded in these claims. These are adjusted periodically for inflation and are currently at $390,883. But awards are usually far below this except in the most serious of cases. 

Getting Legal Assistance

Substantial documentation is needed to prove pain and suffering in Ontario. As an injured party, the onus of proof is yours which can be difficult if you are suffering severe disability from your accident. Having the guidance of a skilled Ontario personal injury lawyer is critical. Contact the personal injury lawyers at Hilborn & Konduros Law Firm for a free consultation at (519) 658-6341 to discuss your case. 

What is Considered a Catastrophic Injury in Ontario?

What is Considered a Catastrophic Injury in Ontario?

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While many car accidents result in injuries that heal over time with medical care, some impact accident victims for a lifetime, causing physical and emotional impairment and suffering for the individual and grave financial hardships for the family. On top of this, changes to the law here have made it more difficult for victims to collect compensation for their devastating injuries. 

Under Ontario law, catastrophic injuries are defined as one of the following:

  • Paraplegia
  • Tetraplegia
  • Blindness
  • Amputation
  • Severe impairment of the ability to move or walk
  • Impairments that result in a 55 percent whole person impairment
  • Impairment due to mental or behavioural disorders

Each one of these carries its own set of criteria to be considered catastrophic in nature. 

How Changes in the Law May Affect You as an Injury Victim

Placing restrictions on what can be considered catastrophic under the law was just part of the government’s changes. The other change that could significantly affect injury victims was a cap placed on catastrophic injury claims. In effect, these were cut in half. 

Before these changes, an injury victim could receive medical benefits and attendant care for up to $1 million each, totaling $2 million. These have been cut in half to $1 million in total. In addition, non-earners (those who were not employed for six months of the year before the accident) used to be eligible for benefits for the rest of their lives. The new laws limit this to $185 per week for up to two years. 

These changes have a significant impact on those whose lives are forever changed by a catastrophic injury. 

Get Professional Legal Advice

If you have suffered a catastrophic injury in Ontario, you may be able to sue the at-fault party for your damages in some instances. The Ontario catastrophic injury lawyers at Hilborn and Konduros can offer answers to your questions and provide legal options so you can heal. Call us at (519) 658-6341 to get help with your injury claim. 

Compensation for Pedestrians Who Have Been Hit by a Car in Ontario

Compensation for Pedestrians Who Have Been Hit by a Car in Ontario

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Whenever pedestrians and motorists share the road, any collision between the two usually leaves the pedestrian the most vulnerable party. And any collision between a car and a pedestrian will almost always result in serious injuries to the pedestrian. Fortunately, you may be entitled to compensation as a pedestrian hit by a car.

Data from Transport Canada finds that pedestrians are 284 times more likely to be injured or suffer a fatality when involved in a collision with a motor vehicle. Whether a pedestrian is crossing the street or even merely in close physical proximity to traffic or a moving car, they can be vulnerable to a negligent driver. 

When Are Pedestrians Most at Risk?

Many accidents occur due to the inattention or negligence of a driver. Pedestrians are particularly at risk of injuries due to accidents involving

  • Distracted drivers
  • Speeding drivers
  • Impaired drivers
  • Drivers who fail to stop or yield
  • Left-hand turns
  • Backing up vehicles
  • Parking lots
  • Inclement weather conditions

Catastrophic Injuries When Cars Meet Pedestrians

When a pedestrian is hit by a large vehicle, even when that vehicle is not moving at a high speed, catastrophic injuries are likely.

Pedestrian accidents can result in:

  • Fractures 
  • Soft tissue injuries
  • Internal organ injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Paralysis
  • Amputations
  • Fatality

Although pedestrian accident victims are entitled to insurance benefits regardless of fault, these benefits may not be enough to offset the physical and emotional costs of these serious injuries. 

Compensation for Pedestrian Accident Injuries

When a pedestrian is catastrophically injured by a car, additional compensation may be available by holding a negligent driver responsible for these injuries. This is when getting the legal advice of a skilled Ontario accident injury lawyer is critical. Call 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 injured in a pedestrian accident. 

Catastrophic Injury Benefits That You May Be Entitled To in Ontario

Catastrophic Injury Benefits That You May Be Entitled To in Ontario

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Each year, hundreds of catastrophic injuries take place in Ontario as the result of accidents on our roads, injuries on public and private properties and in places of employment. Catastrophic injuries have life-altering consequences for people who are involved in these accidents and can mean a lifetime of costly medical and rehabilitative interventions and continuing care. 

When individuals have suffered a permanent disability due to an accident, they can qualify for a catastrophic impairment under Ontario’s accident benefits. Under our current legislation, a catastrophic impairment is defined by one or more of the following:

  • Paraplegia or quadriplegia
  • Amputation
  • Vision loss in both eyes
  • Traumatic brain impairment that results in 1) a score of 9 or less on the Glasgow Coma Scale, 2) a score of 2 or 3 on the Glasgow Outcome Scale, 3) a 55 percent or more impairment of the whole person, or 4) a class 4 or 5 impairment to mental or behavioural ability as set out by the American Medical Association’s Guides to the Evaluation of Permanent Impairment.

What These Designations Can Mean for an Injured Party

If you have been catastrophically injured in an accident that has resulted in an impairment under these guidelines, you will have access to significant additional benefits for your medical and rehabilitative costs as well as attendant care benefits, both of which offer benefits up to one million dollars. Unfortunately, proving catastrophic impairment can be overwhelming for an injured party and their family and difficult to prove with insurance companies often challenging or outright denying those benefits. 

If you or a family member has sustained a catastrophic and permanent disability in Ontario, you owe it to yourself to understand your rights to these additional benefits under our laws. At Hilborn and Konduros, we are here to help. Call our team of Ontario permanent disability lawyers to discuss your options after a catastrophic injury. (519) 658-6341.

Spinal Cord Injury Lawyer

The Costly Reality of a Spinal Cord Injury

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When it comes to catastrophic injuries, there may be no more heartbreaking and life-altering injuries than those to the spinal cord and the central nervous system. Victims of these injuries often face lifelong challenges and costly medical and rehabilitative interventions.

Spinal cord injuries occur when there is traumatic damage to the spinal cord or related nerves. These can result in loss of strength, loss of bodily functions, mobility, sensation, and even paralysis. 

These injuries can be broken down into two categories:

  • An incomplete spinal cord injury is partial damage to the spinal are that can affect loss of movement and can vary in severity.
  • Complete spinal cord injury is one that causes permanent damage, resulting in paraplegia or tetraplegia. 

Unfortunately, those living with spinal cord injuries, whether complete or incomplete,  often face a grim prognosis and years of costly home and medical care, ongoing treatment, and rehabilitative support. According to the Christopher and Dana Reeve Foundation, the care expenses of a spinal cord injury can be a staggering $200,000 to $800,000 for the first year alone with total costs ranging between $1.6 million and $3 million. 

The spine and central nervous system, as delicate structures, are not designed to withstand catastrophic trauma. Today, the most common causes of spinal cord injuries are car accidents and slip and fall accidents. Many of these accidents are caused by the carelessness or negligence of another party. 

If you have sustained a spinal cord injury in an accident, you may be entitled to compensation for your injuries and their costly care. Although financial compensation will never make up for the physical and emotional consequences of these life-changing injuries, they can ease the financial burdens. 

If you or a family member has sustained a spinal cord injury due to an accident, call our skilled team of accident lawyers in Ontario to understand how we may be able to help. (519) 658-6341