The Lost Secret of Pedestrian Slip & Fall Lawyers

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In this case, a “dangerous or defective product” is one that fails to meet the health and safety expectations of the individual using it. People are at risk of sustaining fatal or serious injuries when using a product that is not safe to use. The defects can occur in a number of ways including design flaws, manufacturer’s error, etc. Whether it is a car or bicycle, child’s toy, electronic device, food item, or mechanical failure, the manufacturer is responsible for ensuring that it will be safe to consume or use.

Basis for Claims

In Toronto, as well as other cities throughout the Greater Toronto Area, a claimant or plaintiff can base their product liability claim on a tort for negligence or a breach of warranty. For the purposes of this content, the focus is on the perspective of negligence. In order to file a tort for negligence and sue for product liability, you and your personal injury lawyer must prove the following 3 steps:

  • The manufacturer owed the consumer a specific duty or standard of care.
  • The manufacturer breached that specific duty or standard.
  • You sustained your injuries because of that breach.

The duty of care can be breached by the manufacturer in one of two ways. Either they were negligent in the product’s design or there was no consumer warning regarding the possible dangers or risks involved with using the product. This can lead the manufacturer to be liable for the injuries sustained by the victim.

The Need for a Personal Injury Lawyer

Personal injury cases involving product liability accidents in Toronto and other locations throughout Ontario Province are oftentimes very complex and require the assistance of other professionals. Plus, multiple parties can be involved including designers, manufacturers, retailers, and other supply chain members. This is why it is best to rely on the experience and expertise of a personal injury lawyer Hamilton.

What Compensation Rights do Pedestrians have as Injury Victims?

As a pedestrian on the streets of Brantford, Cambridge, and Hamilton, you are entitled to certain rights, one of which is getting compensated should you sustain injuries when being struck by a vehicle. There are several locations where a pedestrian is most likely going to be injured. These locations include crossovers/crosswalks that are marked, driveways, intersections, parking lots, and roadways.

Higher Risk of Catastrophic Injuries for Pedestrians

For all intents and purposes, whenever pedestrians are injured by a vehicle, there is a significantly higher risk that they will sustain catastrophic or fatal injuries. According to statistics, the following injuries are commonly considered as catastrophic:

  • concussions
  • head and neck trauma
  • internal bleeding and injuries
  • multiple fractures
  • spinal cord injuries
  • traumatic brain injuries

At the very least, pedestrian sustain injuries that can be life-changing and involve a great deal of pain and years of recovery. If you or a loved one was struck by a vehicle and sustained serious or fatal injuries, a personal injury lawyer will ensure that your rights to compensation are protected.

Obtaining Compensation

As an injured pedestrian, you could be entitled to compensation in one of two ways. You can file an accident benefits claim or a tort claim. Here is how they differ:

  • Accident benefits claim – you can file this type of claim in Brantford, Toronto, and Hamilton as well as all other cities in Ontario Province while at the same time suing the at-fault driver. The claim can either be filed with your insurance company or the at-fault driver’s insurer depending on whether or not you have an auto insurance policy.
  • Tort claim – you are required to file suit against the party who is responsible for the accident if you pursue compensation through a tort claim. You can demand damages if you feel the at-fault driver’s careless, negligent, or reckless behavior caused the accident, or you sustained catastrophic injuries.

Generally speaking, motor vehicle drivers are responsible for a pedestrian’s safety inToronto, and other cities in the province. A personal injury lawyer will see that compensation is available for the following if needed:

  • attendant care
  • emotional distress
  • hospital bills
  • loss of past and future income
  • pain and suffering
  • physical therapy
  • prescription medication
  • related medical expenses

In most cases, when a pedestrian is struck by a moving vehicle and sustains injuries, there is a greater chance of assuming that the vehicle driver will be the one responsible for the accident. This means that there is a greater likelihood that the injured pedestrian will have no problems being compensated. However, as with other personal injury cases, these matters are oftentimes complex and require the experience and expertise of a lawyer that specializes in these types of injury cases. There are plenty of listed legal firms and individual lawyers that would be able to assist you with your injury claim. Thus, it is good to seek legal advice and file quickly after the accident.

A Guide to Understanding Attendant Care Benefits

Attendant care benefits in Ontario Province are governed and regulated under the SABS or Statutory Accident Benefits Schedule. This form of compensation is typically available in personal injury cases wherein the accident victim or plaintiff can show reasonable cause for receiving these benefits. Furthermore, these benefits are provided to injury victims in order to improve their health and quality of life. The content that follows serves as a guide to a better understanding of these benefits and what they provide accident victims.

What do these Benefits cover?

Benefits of this type are used to compensate a person for necessary and reasonable expenses that are incurred when you hire an individual to assist and care for you when recovering from your injuries. They cover certain professional services such as:

  • Convalescent care provided in a long-term care facility such as a chronic-care hospital or medical facility
  • In-home care that is provided by a personal attendant

An individual typically needs attendant care benefits when their injuries are so severe that they are unable to care for themselves. Services provided under these benefits could be one, a combination of, or all of the following:

  • bathing
  • dressing
  • going to the bathroom
  • grooming
  • preparing meals and/or eating

Keep in mind that only those expenses that are deemed necessary or required for comfortable and healthy personal care are covered. Other categories of expenses include housekeeping (an optional benefit) and running errands.

Monetary Limits

The amounts of benefits available for attendant care as well as the duration of their payments will depend on the nature and extent of the injuries you’ve sustained. The current breakdown is:

  • Catastrophic injuries – up to $6,000 monthly and up to $1 million; no applicable time limit is enforced
  • Non-minor injuries – up to $3,000 monthly and up to $36,000 paid for no more than 104 weeks from the date you sustained your injuries

These amounts correspond with the standard mandatory benefits. However, the insured has the option of paying a higher premium in order to receive additional coverage. If you’re unsure as to the amount of your benefits, you should bring your policy to a personal injury lawyer to review them with you and determine whether or not you are eligible for a higher level of coverage.

Determining Eligibility

If your injuries are classified as catastrophic or non-minor you may be able to qualify for attendant care benefits. Conversely, if you injuries are deemed as being minor in nature, you will not be eligible. In most personal injury cases, an occupational therapist or registered nurse will be the professional that determines whether or not you will need attendant care services as well as the amount of care that will be required. They will fill out Form 1: Assessment of Attendant Care Needs which verifies this to the insurer.

The insurance company will have a maximum of 10 days in which to respond to your form. Furthermore, reimbursement of expenses must be provided within 30 days of receiving any invoices provided they approve them as being necessary and reasonable. The insurance company typically pays the professional directly for providing attendant care services that you receive during your recovery. This ensures that you don’t have to worry about medical bills and other financial requirements while you recover. However, you will need to work with a lawyer to get your dues.

However, if the service provider was a family member (i.e. non-professional), that individual must show that an economic loss was incurred for providing said services. Just keep in mind that the insurance companies have the right to deny or dispute your request for services. As these types of accident cases are oftentimes complex, you would be wise to hire the services of a personal injury lawyer because of the experience they have gained by dealing with the insurance companies. With plenty of legal services available online, it isn’t difficult to pick the right company to represent your injuries. Additionally, you can get referrals from friends and colleagues and schedule an appointment to discuss your case. This will help you judge whether you need to hire the same lawyer or try and look for another legal service. Visit here for more information.