Hamilton Personal Injury Lawyer Blog

Texting while driving is one of the most dangerous things you can do. People texting while driving is an illegal offense that has led to many car crashes. However, it is difficult to identify texting drivers. The radar gun can be used to determine the vehicle’s speed. This could help officers detect drivers who are texting while driving and posing a risk of causing an accident, according to the personal Injury lawyer in Kitchener.

Today, research is underway to develop the most recent technologies to detect the driver of text messages. Radar-type devices can distinguish between texting and talking mobile phones. Drivers might use their phone to send electronic information in various forms. Officers simply need to point the radar gun at passing cars and determine if the driver was texting while behind the wheel. Talking on the phone while driving is legal, but texting is not. This is explained by the personal Injury attorney in Kitchener

These technologies are still in production. Therefore, before they become available on the market, certain hurdles will be overcome by the manufacturers. However, there are many benefits. Unlike in the past, texting while driving is now a crime. The police can only charge a driver for texting if they also catch the driver for another violation. This is a primary offense and a serious offense under the new laws. The police can pull over the driver and charge them if they catch them in the act.

The penalties for offenders are severe and include a heavy fine. Research shows that distracted driving is a leading cause of car accidents and wrongful deaths. The risk of a collision is almost double for drivers who text while driving. It may be possible to reduce the number of accidents caused distracted drivers by radar guns. As the personal injuries lawyer in Kitchener states, this could save many lives.

The effectiveness of the radar gun to identify texting drivers is not well-known. Sometimes the driver may only be using voice-to-text technology to send messages, but the radar gun detects radio frequencies.

Millions of people suffer brain injuries in different accidents that happen across the country every year. While these injuries can happen due to any reason, right from a car accident to a sports activity, the impact that they can have on one’s life is immense. In case you or someone you care for has been into an accident and suffered a brain injury, you may want to check if you or they would be eligible for compensation. If you think that someone is liable for the injuries, you should begin the process of filing the claim by hiring a good injury attorney in Pickering that would be able to help you through the entire procedure.

Look for an injury attorney that has a specialization in brain injury cases since these injuries are extremely complicated and only seasoned attorneys who have dealt with such cases in the past can tackle the complexities involved. You should also ask your attorney to explain to you the legal basis on which your case would be filed since that would come really handy in gathering suitable evidence that is crucial to win the claim. When you are filing a negligence claim, the plaintiff is required to prove that the defendant is legally liable for the injuries. You will need to file evidence that he/she was negligent at the time of the mishap and therefore caused the mishap.

With the help of injury attorney in Ajax, the plaintiff should prove that the law needed the defendant to be reasonably careful during the time of the accident. However, the defendant could not act with reasonable care to protect the plaintiff from getting injured and that his action or the lack of it caused the injuries to the plaintiff. Also, one would have to prove that the plaintiff sustained injuries that are measurable in legal terms. However, things are never so simple as they seem and when it comes to proving the same for brain injuries, it can actually become a tall order.

For the plaintiff and their injury attorney in Cobourg to prove that the brain injury occurred and to be able to link that injury to the behavior of the defendant is something which is very difficult. Since brain injuries are often the most complicated and the most difficult to detect, gathering as much evidence as possible can help your case significantly in proving your case.

When preparing for the case, your injury attorney in Pickering would inquire about how the injuries occurred. He or she would also ask if you remember the accident and the relevant details. Since it is common for those with brain injuries to not remember details, your attorney would first want to find out how much of the details do you remember and how he can make use of those details to help your case.

Putting first things first, a Personal Injury Lawyer in Stratford knows the tactics of defendants and insurance agencies that come to the fore right after personal injuries. They use different strategies to derail your claim and curb their liability/role. You need to bear in mind that insurance companies and their adjusters might even try to manipulate or coerce you into speak something, which they will record. They can use the statement against you anytime. They might even offer a very less settlement before you can event know the full extent or severity of your personal injuries. A lawyer is of critical importance in this juncture.

Know the fundamentals

On many occasions, insurance carriers might even spy on your social media accounts to try and find images or posts that they can use for questioning the severity of your injuries and veracity of your claim. Regardless of what they tell you, the insurance industry is, on most occasions, not on your side during the claim process. It’s in your best interests to not indulge with an insurance adjuster or carrier regarding the accident or injuries. There’s no question of accepting any settlement offers without consulting a deft Personal Injury Lawyer in Stoney Creek. The attorneys conduct an in-depth evaluation of your case, guiding you with the right course of action.

The right guidance

A Personal Injury Lawyer in Brockville teaches you what to tell, how much to tell, and when to tell. The trained and experienced attorneys at the prestigious law firms are there to answer your questions about claims. The attorneys can guide you throughout the entire claim pathway. They can handle every form of correspondence and mediation with your insurance company. They also ensure that your insurer doesn’t exploit your current situation and undue advantage of you. The lawyers perform a detailed investigation of your case.

Your claim’s worth

A Personal Injury Lawyer in Stratford can gather leads and evidence before the opposing party hides or tampers them, or they become unavailable. If they find out the defendant or his/her defense counsel is trying to tamper with the evidence or conceal it, they can charge them even more. Tampering of evidence is a big crime. The lawyers interact with eyewitnesses and also visit them, if necessary. They provide an aggressive representation of your interests during the crucial negotiations and settlement rounds. That’s why, you need a seasoned lawyer at every step of the claim pathway.

More on the value

No lawyer in the region can provide a guarantee that they can obtain a fixed outcome or specific sum for a case. It’s important to remember that there are numerous factors that influence the merit and success of your claim along with the compensation you ultimately recover. The factors are the hospital charges, medical bills, cost of future medical treatment, the amount of wages or income you lost in the aftermath of your injuries, and whether they can affect your earning capacity or/and ability in the future or not. The lawyers make a comprehensive list of all these things.

After sustaining injuries in car accident, people settle things with insurance company as the injury lawyer in Burlington says. Everything starts with demand letters to the insurer and the lawyer helps you to write this. They determine the amount of compensation required for recovering from the problem. The drafted letter includes the acceptable offer amounts and the details include a description of the accident that led to your injuries. You want to give other details specified by the injury lawyer in Burlington, that makes the carrier aware of your situation.

Demand letter hopes to settle the claim out of the court and this release defending parties from the liability. The matter resolves completely after the allocation of the claim amounts to injured party. One important aspect is timing the demand letter right and this is the first negotiating point to ensure the availability of a resolution. This helps to end the matter swiftly and you get the desired compensation. Demand letters represent the strength of your case warranting the offered amounts to settle the issue. It gives the victim a chance to get fair and reasonable compensation.

The injury attorney in Scarborough analyzes the document meticulously and revised until this has a professional manner and tone. The representation of the person at fault regarding the incident is an important part of the demand letter. You send the demand letters only after investigating all the factors and the incident analyzed and completed for details. This signifies the identification of person guilty for the accident, the cause of the injuries, and the reasons for compensating the plaintiff. The issue of negligence in an accident situation is important to prove and this is the liability of the party defending as the injury attorney in Aurora explains.

They ascertain the information from the elements and facts of the incident. It is possible to present concrete details to the other insurer. This informs them of the legal responsibility of their clients and give a documented proof of the accident. The demand letter may include video or photo of the injuries and the scene along with witness testimony. With the existence of certain factors, there is a chance that the carrier is the only point of contact for your claim. It is important to understand the impact of the accident and the extent of the injuries fully before sending the demand letter to the insurer.

According to the injury attorney in Aurora, this means that you should add injuries or vehicle damage identified through estimate to the total compensation demands. In some situations, you can forecast the costs and apply to the sent demand letter. For certain types of treatments, it is impossible to explain the required medication or the extent of therapy until later.

It is a known fact that children are active and have a lot of energy even at the school. Their energy gets showcased when there are any games or sports periods or physical education programs happening in the school. During such times, injuries happen and are unavoidable. However, can the school be sued for these injuries? This is something that a good personal injury lawyer in Huntsville would be able to specify in great detail.

When a child gets injured in the school while taking part in an activity, it gets difficult to find out who exactly was responsible for the mishap. Also, it is a given that even if no school employee would be directly involved in the mishap, the school would be responsible for the injury. In case you feel that the mishap has happened in the school and the school authorities are responsible for the accident. Additionally, you will have to get in touch with a personal injury attorney in Leamington since there would be a special procedure that would be applicable in the process.

When it comes to all the states, bodies like school districts enjoy sovereign immunity and therefore, cannot be sued unless there are exceptional circumstances. However, now citing the number of cases happening every year, the states have conditionally given a waiver wherein compensation is allowed when the negligence on the part of the school district causes a grave injury to a student studying there. However, things are not that simple and one needs to follow specific procedure for which assistance from a good personal injury lawyer in Cornwall would be mandatory.

Although the time limits for sending the notice for claims is different in each state, normally in such cases, the plaintiff gets lesser time to file the lawsuit when compared to the claims for other personal injury cases. After the claim has been filed with the help of a personal injury attorney in Cornwall, you will have to wait to file the lawsuit in the court till the school district denies the claim or if the school district does not respond for three to six months. One thing that needs to be ensured is that there cannot be any delay from the part of the plaintiff in filing the claim as else it would be denied.

If you are actually considering filing a claim against the school district for the injuries inflicted on your child due to the accident caused by their negligence, you must understand the requirements well before you take any step further.

The personal injury lawyer in Chatham understands well that the opinions of your treating physician matters. This is even when the defense counsel fails to give it the due importance necessary in a bid to deny the claims. When the treating doctor testifies on the causation, your lawyer does not let the defense counsel torpedo their testimony. In most of the injury cases, the treating physician proves to be a powerful resource. With direct client experiences, they are in a position to verify the injuries of the plaintiff, the necessary treatment, prognoses, future treatment, and diagnoses.

According to the personal injury lawyer,they can correlate your injuries to the car accident. They draw logical conclusion based upon the accident type, symptoms, and the timing of the complaints. When your doctor says that the accident led to your injuries, it works as a persuasive opinion to the jury. There is today a shift in the defense strategy that keeps out the causation opinion of the treating physicians. This depends on their access to the medical history of the patient, accident facts, and the records as the personal injury lawyer in Trenton explains.

When the physician does not have an access to your treatment history, the defense argues that your treating doctor cannot exclude this and other causes. Thus, it is impossible to pinpoint the accident as a likely cause for your injuries. With the treatment history available, the defense side argues that the treater is a retained medical expert, not disclosed properly. It is a common strategy of the defense to block your treating physician from giving a causation opinion. Incorrect law forms the basis of this type of attack as the personal injury lawyer in Sault Ste. Marie explains to their clients.

The defense points out the failure of the doctor to understand the permitted aspects of the claims to undermine your case. Treating physicians offer causation even without going through your medical history. The treating physicians have the full qualification, the foundation, and opined on the injury causation without a medical history. The best way to support the foundation of your treating physician is by giving them your medical history. You do not want to convert them into a retained expert. Medical professionals can give a medical opinion, diagnosis, and reason for injuries.

Doctors can give expert testimony and this is relevant to causation. It is possible to designate treating physicians as non-retained experts according to the personal injury lawyer in Sault Ste. Marie. These experts give their opinion on facts acquired independently. This relates to the knowledge gained through experience in treating patients. They testify to the facts gained independently and not due to the litigation requirements.

Car accidents are always overwhelming and scary as the injury lawyer in Collingwood knows very well. After the collision, those involved suffer from myriad uncertainties and their priority is to recover from the sufferedinjuries. There are worries related to the financial burden, as there may be lost wages, car repair needs, and medical expenses. Get the compensation you deserve through insurance claims or you may need to file a lawsuit to get the deserved amounts. There are worries related to liability,if you were the one speeding or are partiallyat fault in some way. 

Talk with your injury lawyer  to understand your options better. In the comparative negligence situation, the insurer determines where the liability lies and if both drivers were responsible for this occurrence in some ways. When there is negligence on both sides it shows that the drivers failed to take the needed precautions while driving. This involves a complicated process that goes beyond simply determining the fault of the drivers involved. For comparative negligence situations, the fault of the drivers for the accident is in the form of a percentage. 

Speeding affects this, as the injury lawyer in North Bay explains. When the fault is most of the other driver and you admit to speeding at the time, partial responsibility for the crash is yours. The payment of the settlement is as per the percentage of your fault for this. Those with 25% fault receive 75% of the total damages from the insurers. The victims may receive the damages, even when they are over 50% at fault for the accident. This means that someone with 99% fault in the crash may receive one percent from the insurer, based on the damage calculation. 

According to the injury lawyer in Collingwood, there is no clear formula to determine the effect of speeding on the fault percentage for the crash. It is up to the insurance company to calculate this. When you disagree, the lawyers take the case to the court with the jury calculating the fault percentage. Every situation is different with the circumstances determining the financial outcome for the drivers involved in the crash. A driver driving on the poor roads too fast is more negligent than someone going a degree over the posted limits on good roads. 

The determination of the effect of speeding on the collision’s liability is complicated as the injury lawyer in Sarnia says. Those speeding when the collision happened should know that the insurer tries to assign some fault percentage to the victim. The lawyers work with you to maximize the damage amounts. Drives may speed up on the roads when they believe that there are no others cars on the road or are simply reckless and careless. 

You need to remember that personal injury law is quite complex. To ensure that you get a full and fair compensation for your personal injuries, a Personal Injury Attorney in Sudbury can provide personalized attention to each case. To obtain an appropriate and wholesome compensation, regardless of the origin of your injury, which could be car accident or boating accident, product liability, burn injury, or any other type of accident, the lawyers have extensive knowledge and experience in the field. Their hold over the procedures and pathways of insurance companies can of immense significance for you, especially when you’re facing insurance disputes.

A cohesive assistance

In the event of an injury, if you’re staring at huge medical treatment/bills, loss of work and income, or any other type of disruption and crisis stemming from your condition, the law offices can give a relentless fight to resolve your case. Most of the times, it’s an out-of-court settlement, which is beneficial for both the parties. A Personal Injury Attorney in Sudbury explains that to the plaintiff and the defendant. In the rarest of cases, where it doesn’t end outside the court, they can go to court trials or jury for an immediate judgment.

More on the services

For a Personal Injury Attorney in Sudbury, the top priority is to help rebuilt your life. When you schedule a free consultation with a lawyer,they can provide you detailed and personalized counsel and advice. The attorneys command a lot of respect. The attorneys have the necessary knowledge and experience to handle and mitigate your claim, irrespective of its modalities and pathway. Thanks to extensive experience and diverse knowledge of the attorneys from the premier boutique firms, you can get a lot of resources and information about injury claims and insurance claims.

Handling insurance companies

Insurance agencies are always a tough nut to crack. On most occasions, they are cunning and conniving. They sugarcoat each policy with clauses that are attractive to you, but when it comes to payouts, they either backtrack or deny any such payment. When you suffer financial losses or ruin due to an injury, it’s the immediate obligation of your insurer or the insurance carrier of the guilty party to provide you with accident benefits. A Personal Injury Attorney in Sudbury reads your policy to explain the details. As a claimant, you need to know your policy inside out and not allow the insurers to take advantage of your situation.

A deft approach

One of the first things is to become your legal representative. The lawyers know why insurance companies don’t want you to retain the services of a professional lawyer. They don’t want you to have legal knowledge and resources because that would put you in a situation to understand or see through their crooked tactics to downplay or deny your claim. A lawyer makes sure that the insurance agencies don’t reduce the claim amount. They directly challenge the companies and cite their own rules or terms and conditions for including such clauses.

Collisions can be of different types and one of these is a side-impact crash. The injury lawyer in Whitby helps you to determine liability in such situations. Another term for this is a T-bone accident and the car collides with the one before it at a 90-degree angle. The passengers on the vehicle side often suffer from severe accidents. It does not have any structural barriers like a steel frame for protecting people from the crash. The collision is common at the road intersections as the injury lawyer in Whitby explains to their clients.

The reason for this is often negligence of the drivers and this includes the failure of yielding the right-of-the-way. The drivers may run a red light or the accident is the result of distracted or drunk driving. When a side-impact collision occurs, determining the liability is an important aspect. Drunk drivers may run the red lights, T-boning vehicles at the intersection. Here, the liability rests with the driver driving drunk and running the red light, leading to the collision. With the drunk driver indulging in the drinking habit at the business establishment like the bar. Even the establishments face extra liability when the employees there offer alcohol to visibly drunk people.

The injury lawyer in Whitby represents victims that were the victim of driving accidents. At the road intersections, a phone call can distract you easily and while you are answering the call it is easy to miss a stop sign. This leads to collisions where the car strikes the vehicle side at the intersection when there is a right-of-the-way. Then there is the sideswipe accident where one or more cars traveling in same directions collide. Such collisions are dangerous when it happens on freeways. The speed is faster here and the drivers fail to anticipate the crash. The damage liability in the sideswipe accident collision depends on the driver with the right-of-the-way.

According to the injury attorney in Whitby , when on freeways with the exit approaching fast it is necessary to change the lanes quickly and in time. Failure to examine the blind spot during the lane changes may lead to a collision with the car in a lane you wish to enter. Here, the liability lies with you because you failed to examine the blind spot as you changed lanes. When driving in rainstorm, you may notice vehicles approaching the adjacent lane at high speed.

With the car pulling up alongside, hydroplanes on puddles may cause drivers to lose control of the vehicle according to the injury attorney in Whitby. Here, the liability rests with the drivers as they were driving over the speed limits especially with the road conditions.

Airbags are a crucial safety feature for any vehicle. They have a proven track record of preventing reducing injuries and fatality in most collisions. However, they can also contribute to or cause to an injury. On some occasions, an airbag may not cause an injury or fail to install due to a flaw in the manufacturing or design process. Insufficient, improper, or lack of warning or instruction regarding the use of airbag can also lead to an injury. There are certain cases when you deploy an airbag properly, but the effect is mostly detrimental. You need an Injury Lawyer in Oakville to assess the claims and proceed with your case.
On the airbag injuries
Generally, you can categorize airbag injuries into two groups. The first one is product liability claim against the airbag manufacturer, automaker, distributer, or any other entity. The other claim is a negligence claim against an entity or individual responsible causing a mishap, injury, or fatality. An Injury Lawyer in Oakville represents claimants in both types of personal injury claims involving airbag issues. The lawyers first study every type of airbag defect that you can think of. In today’s times, most new vehicles come with standard airbags. While they have enhanced the overall collision safety ambit, they also pose numerous hiccups.
Assessing the defects
Perhaps, the most pressing issue stemming from extensive use of airbags is the overwhelming number of safety calls regarding the design and manufacturing flaws. You can identify numerous potential issues as the origin of wrong airbag deployment. They cause them to deploy the devices in an unsafe or improper manner. Airbag inflator glitches cause airbag explosions. There could be electrical defects that can cripple airbags. Defective sensors also fail in detecting passenger occupancy. Wiring issues can also cause unexpected or unnecessary deployment. As a consumer, you have every right to have reliance on the safety features in the vehicles.
In the event of a crash
When a crash takes places due to a malfunctioning airbag, it can lead to devastating consequences. In faulty airbag cases, the best evidence is the vehicle itself. It ensures that the evidence you preserve is critical, especially if the vehicle goes for a total loss. An Injury Lawyer in Oakville can help you in this regard. You need to secure an attorney at the earliest after the crash or wreck. The attorneys can prevent crucial evidence from the defendant destroying it or you losing it.
Know the warning issues
Failure to provide warning for dangers while using airbags can form the foundation of an injury claim. You can initiate a claim against the concerned automaker. Their duty is to warn you that you need to exercise reasonable caution while handling the device. The automaker must provide adequate instructions and warning label to make you aware of the underlying dangers. When you breach the duty, and it injures or kills a person, you can hold a manufacturer liable for the injuries that stemmed from the breach of duty. Consult a premier Injury Lawyer in Oakville to bring a solid case against the negligent automaker.