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Steps To Take After A Pool Accident

Steps To Take After A Pool Accident

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As the weather continues to get warmer more home and business owners will take steps to open their pools for the season. While the majority of visitors will safely enjoy all that a pool has to offer, others will sustain serious injuries. 

Pool Accidents & Injuries 

The most common type of pool accident is slip and fall accidents. These accidents are caused by wet surfaces and foreign objects like hoses, pool accessories, and outdoor furniture. 

Slip and fall accidents can result in serious injuries, such as: 

  • Brain Injuries 
  • Spinal Injuries
  • Broken Bones

These injuries can not only be expensive to treat but are frequently life altering. 

Pool Owners Have A Duty To Protect 

It doesn’t matter if a pool is owned by an individual homeowner or a business, pool owners must take steps to keep the pool area safe. In Ontario, the first step that every pool owner must take to increase pool safety is the installation of a fence. 

If pool owners fail to take reasonable steps to create a safe environment, they can be held legally liable for any injuries that occur as a result. 

Pool Accident Lawsuits 

If you’ve been injured in a pool accident you may be feeling alone and unsure of your legal rights. At Hilborn and Konduros, our experienced team of Cambridge ON pool accident attorneys can help. Contact us for a no-cost consultation or call us at (519) 658-6341.

You have the right to fight for compensation for your injuries. Don’t hesitate – call today. 

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

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. 

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. 

Wrongful Death Lawyer Cambridge Ontario

What You Should Know About Wrongful Death Claims if You Have Lost a Loved One

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There is no more emotionally devastating crisis than losing a loved one in an accident. It is a time of incredible grief and loss. 

In the case where a fatality is the result of an accident caused by the negligence or carelessness of another party, the surviving family members may be able to file a wrongful death claim under Ontario’s Family Law Act. The Act entitles family members to receive compensation after the fatal injury of their loved one. 

Only certain family members are eligible to file a wrongful death claim in Ontario. They are:

  • The surviving spouse
  • The surviving children of the victim
  • Siblings
  • Parents
  • Grandparents
  • Grandchildren

Wrongful death claims will compensate these family members for things such as 

  • Actual expenses incurred by the deceased family member such as medical care costs, nursing, housekeeping, etc.
  • Funeral or burial costs
  • Travel expenses incurred by the surviving family members connected with the injury and death of the deceased
  • Loss of future income of the deceased for the care of survivors
  • Loss of guidance, care, and companionship that may have benefited the surviving family member(s)

In short, wrongful death is similar in scope to a personal injury claim, only benefiting the surviving family member(s) instead of the injury victim. Although it is impossible to attach a monetary value to the life of a person, this isn’t the purpose of a wrongful death claim. Wrongful death claims are purely financial in nature and must be based on quantifiable figures. 

Wrongful death claims also must show evidence of negligence. If an accident was the result of negligence, carelessness, or the intentional action of another party, this must be proven in order for the court to rule in favor of a wrongful death claim. Consequently, these claims can be complex and difficult to prove. 

If you have lost a loved one due to the negligence of another, contact the Ontario accident lawyers at Hilborn and Konduros at (519) 658-6341 to understand your legal rights.