Monthly Archives: September 2017

5 reasons you need a personal injury lawyer

Posted by admin-author Date: September 25, 2017

If you have made a personal injury claim or a lawsuit, you are likely to come across an insurance adjuster. The world of insurance can get complicated. Here are 5 reasons why you should not handle insurance companies without consulting with personal injury lawyers.

1. Insurance companies are profit driven

It is important to bear in mind that insurance companies are business entities. This means that profit is their main goal. Another aspect of insurance companies is that they derive most of their profits from investment. When you pay your premiums, this money is put to use so as to generate more profit. This explains why they are usually not willing to part with huge sums of money. They will always seek to find a way to pay the least amount possible. For instance, they may only want to part with the cost of paying the basic medical bills. They may not be willing to offer compensation for psychological injuries, mental anguish and other emotional distress damages. In some cases, they have been known to deny claims. This is why you need to engage injury lawyers when making a claim.

2. Quick settlements can hurt you in the long run

Insurance companies will offer you a quick settlement mostly for their interests and not yours. Many people make the mistake of accepting a quick settlement. When you have medical payments to pay, it may appear reasonable to accept the offer. However, you could end up shortchanging yourself. Again, you may not have the necessary skills and expertise to value your claim correctly. Consulting with personal injury lawyers gives you a better understanding of how much your claim is worth.

3. Insurance claims valuation is often understated

If you have suffered an injury, the insurance adjuster will value your claim and decide how much to offer. In most cases, their valuation is often understated. The initial quick settlement offer may omit important costs such as pain and suffering, emotional distress damages and other forms of compensation for psychological injuries. Seeking a second opinion from a lawyer will tell whether the insurance is shortchanging you. Personal injury lawyers have wide networks that include medical practitioners. In determining the value of your claim, the doctor will seek an assessment from a medical expert. This gives you an accurate figure.

4. Anything you say can be used against you

Insurance adjusters are excellent negotiators. They also record anything you say during the claims negotiations. If you make any contradictory statement they can use this to reduce the value of your claim or deny it altogether. For instance, if you say that you did not receive immediate medical attention, they can argue that your claim was not serious. It is best to let your lawyer handle the negotiations. Injury lawyers have dealt with adjusters before, and they will not be intimidated into settling for less.

5. Your chances are higher with legal representation

Historically, it has been established that people who seek legal representation stand to get more compensation than those who do not. Lawyers understand the law and case valuation. As such, an insurance adjuster may not attempt to shortchange you if you have representation. It is in your best interest to seek legal counsel. In addition to this, hiring the lawyer demonstrates that you are willing to go to court. Court cases are expensive for insurance companies, and they may give into your claim rather than drag the matter to court.

Personal injury lawyers can prove useful in securing you the compensation you deserve. To give yourself the best fighting chance, consult with a personal injury lawyer.

Four Basic Rights Under Canadian Employment Law

Posted by Stephen Date: September 24, 2017

When employers do not respect well-established workplace rights, this can cause people to suffer reduced quality of life. An employment lawyer can help you figure out if your workplace rights have been disrespected. Here are three rights you have as an employee in Canada:

1. The Right To Know Your Risks

Outside of white-collar office jobs, almost every job features injury risk of one sort or another. Under this nation’s legal system, you have the right to understand the hazards involved in doing your job. You deserve to know about any risks associated with cleaning products, machinery and processes in your workplace.

Besides maintaining unsafe workplaces, unacceptable employer practices include unfair dismissal, employee shaming, discriminatory language and workplace hazing. It simply isn’t fair for companies to engage in improper behavior like this. If you feel that you have been abused by your employer, you should contact an employment lawyer immediately.

2. The Right To Adequate Training

Besides knowing our risks, you deserve the necessary training to perform your work tasks safely. Government officials should do more to ensure that employee rights are protected in this great nation. By improving and modernizing Canadian employment laws, lawmakers can help maintain Canada’s reputation as a progressive, fair-minded society. Fortunately, Canada has already enacted quite a few measures to protect you from suffering undue harm in the course of your occupational pursuits.

3. The Right To Participate In Improving Your Workplace

You have every right to participate in the process of improving the safety of your workplace. This includes the right to participate in health boards and safety committees. This also means you have the right to report unsafe health conditions internally or to an external authority. Employees are also legally entitled to become whistle blowers without retaliation from management or wrongful termination.

Generally speaking, workplaces that are not improving their safety conditions are actively losing ground. As an employee, you should do all you can to ensure safe working conditions. By keeping your employers honest, you help yourself and other employees who work at your company. Even if you feel immense personal loyalty to your employer, you should balance your personal feelings with your civic responsibilities. If people stay silent and refuse to hold companies responsible, this can ultimately lead to systemic problems for the working Canadian public. There are additional resources available at Whitten & Lublin.

Every employee should understand their work rights so they can preserve their personal safety. If people don’t understand their rights, it becomes more likely that they will experience injury or permanent disability in the course of their work. Even worse, people who don’t know what their rights are may not receive just compensation when injury occurs. It is possible that over the years, workplace issues requiring litigation will become less common.

4. The Right To Refuse Unsafe Assignments

This right is a deeply important part of employment law in Canada. Every day, Canadian employees save themselves from harm by exercising their right to refuse. It is likely that this right has saved quite a few lives over the years. It is shocking that even at this late date, too many employers retaliate against their employers for refusing to do unsafe things. These unfortunate situations can occur in many different industries. Although the Canadian government is doing their best to reduce workplace abuses, these things take time. It will take a collaboration between many stakeholders to achieve more progress in this area.

In the future, employers may be forced to show greater respect for employee rights. This developing trend is aided by the tireless work of employment lawyers who are committed to defending the rights of their clients.

10 Things To Keep in Mind Before Giving Deposition in A Personal Injury Case

Posted by admin-author Date: September 20, 2017

If you’re someone who’s new to lawyers and cases and court, then it’s natural to be nervous when you suddenly face a scenario like that. Personal Injury cases are very common these days and you never know when you might be in a situation where you are charged with or charge someone for personal injury.

A Personal Injury Deposition is a phase before trial in personal injury cases. It’s basically a phase where both parties try to gather information as much information as possible about the case. The person who’s giving testimony will be required to appear at a particular time and place and also take an oath that the information given is true.

Giving a deposition is not a big deal, but for the first time, it can cause some nervousness and stress. The following ten tips will help you relax and know better a personal injury deposition.

1. Questions And Answers

A personal injury deposition involves personal injury lawyers of the opposite party asking questions and you answering them. It doesn’t work like a conversation or a monologue where you can tell everything you know about the case in one shot and end the deposition.

2. No Judge Present

In most personal injury depositions, there are no judges present. This is both an advantage as well as a disadvantage. It’s an advantage because having a judge around can make you uncomfortable and nervous and a disadvantage because if the personal injury lawyer of the opposite party asks improper questions, the objections are only for the record and you will still be expected to answer.

3. Don’t give too much information

The moment you start talking like you’re on a roll and have been talking more than three or four long sentences, you start giving out too much information. Always say what’s necessary with a long sentence and don’t talk irrelevant stuff.

4. Be direct, accurate and aware

Be honest with your answers and give straight and direct answers to all the questions possible. Sometimes, the opposing counsel might interpret your answer in a different way and try to alter your answer and ask for your confirmation. Listen carefully and if you ever find you answer even slightly altered, take a moment to provide necessary clarifications till everyone has got the point.

5. No Opinions

A deposition is basically just to gather information about what happened. So, try to avoid giving your own opinions. There are no justifications required for your answers and remember that you are not obliged to provide any. If you do not remember something clearly, explain to the counsel that you really do not remember, instead of answering based on assumptions and opinions.

6. Dress Well

Dressing appropriately and well can make you confident and also, impress your opposing counsel better. It’s always good to prepare beforehand about what you’re going to wear and make sure it looks clean, tidy and well pressed.

7. Get It Clarified

If the personal injury lawyer Toronto ask you questions that you do not understand or feel is ambiguous, then politely let them know that you have not clearly understood the meaning. It’s completely OK to do so.

8. Take Water and Snacks along

A deposition can take quite a while and it’s always better to be prepared and carry snacks and water to take care of yourself. You can always ask your attorney if you want to go for a bathroom break or a short walk to stretch your legs without feeling shy.

9. Know Your Documents

If there are medical records or other documents and proofs involved, make sure you go through them before testifying in your deposition.

10. Most Importantly, Stay Calm

Don’t get frustrated or angry or let your emotions take control when you’re answering questions. Stay relaxed and calm and think carefully before answering.

Personal Injury Depositions are nothing to be worried or nervous about, just stay calm and answer everything honestly and justice and truth shall always prevail.

6 Common Causes of Slip and Fall Accidents

Posted by admin-author Date: September 8, 2017

Nearly one million people visit the emergency room every year due to some variation of a slip and fall incident. However, no matter what type of accident it may be, even the smallest slip and fall can cause injuries as serious as death. But, every account of an accident can be easily prevented. In this guide, we will be going over the six most common causes of slip and fall accidents and when you should contact a personal injury lawyer.

1. Poorly Trained Procedures

The majority of slip and fall accidents happen in the workplace because workers commonly walk on sleek and narrow surfaces. Additionally, workers are usually poorly trained on avoiding slip and fall accidents which only adds to the potential of injury.

2. Poor Weather Conditions

A large majority of slip and fall accidents actually occur due to poor weather conditions, such as rain, snow, and sleet. Even though we have no direct control over the weather that affects us, we can control the surface we walk on, such as crosswalks, driveways, sidewalks, etc.

3. Hazardous Surfaces

According to the National Safety Institute, 55 percent of all slip and fall accidents happen on hazardous or profoundly dangerous surfaces. Below, are the most common surfaces to avoid due to slip and fall risks:
Wet floors
Rugged carpets
Loose floorboards
Potholes
Broken sidewalks

4. Shoewear

A large number of slip and fall accidents, 24 percent to be exact, are caused by wearing improper shoe wear. However, it’s more than wearing dress shoes while working at a warehouse. Not wearing rubber-soled shoes in a lower traction environment can cause a number of injuries, including a slip and fall accident.

5. Nursing Home Neglect

Elderly people are at an increased risk of experiencing a slip and fall because their balance gets worse over time. Additionally, when these accidents do occur, they are likely to cause more serious damage. This makes slip and fall accidents extremely serious among the elderly, and especially so in nursing homes. If those who work at nursing homes do not pay proper attention to their residents or do not assist when needed, the problem becomes even worse. In these cases, the assistance of a personal injury lawyer is necessary to receive the restitution that is so severely needed by these victims.

6. Fraudulent Claims

The majority of slip and fall claims are entirely legitimate. However, around three percent are filed fraudulently. People either lie about being the victim of one of these accidents or they set up the fall so it looks like an accident. The people who file these claims are simply trying to get money from their employer, a business owner, or another citizen. Though these cases are rare, they do still happen.

Slip and fall accidents are all too common. If you ever find yourself the victim of one of these accidents, do not hesitate to contact a personal injury lawyer. They can help you to gather proof, argue your case, and get you the compensation you deserve.

4 situations that need the expertise of an injury lawyer

Posted by admin-author Date: September 6, 2017

One of the most crucial decisions you need to make when you have suffered an injury is whether you need the services of a personal injury lawyer. Discussed are 4 situations when the expertise of an injury lawyer are needed.

1. If you have serious injuries

A seemingly harmless slip and fall accident can lead to a head trauma. If you have suffered serious injuries, then it is best to enlist the services of a personal injury lawyer. Many victims make the mistake of taking the first offer made by the insurance. However, as time goes by, they realize that their injuries were serious and the cost implications are huge. Head injuries, back injuries, and neck injuries should not be taken lightly. A lawyer will advise you to seek treatment first before you approach the insurance for a settlement. The lawyer will also ensure that you receive a settlement that is commensurate with your injuries.

2. when your claim is denied

It is not uncommon for a personal injury claim to be denied. Many injured parties who have legitimate claims are turned down by insurance companies. In some cases, the reasons for a claim denial do not hold water. If your claim has been denied, you need to consult with a personal injury lawyer. They will review your case and advice on the way forward. The lawyer will also hold negotiations with the insurance adjuster to find out the reason for denial. If the reason is not legitimate, the lawyer will help you file a lawsuit and represent you.

3. When you cannot value your claim

Claim valuation requires expertise. On your own, you may not have the knowledge and skills needed to value your claim. As a result, you may undervalue it and then encounter financial hardships later. Personal injury lawyers have the skills and experience needed to value your claim. They will consider current medical bills and the possibility of future medical treatment. You also deserve compensation for pain and suffering from mental anguish. This is best left to the legal experts.

4. When you lack the legal knowledge and experience

Personal injury law is complicated. Again, there are state laws that govern how injury settlements are to be conducted. Unless you have extensive knowledge and experience, you should not attempt an injury case on your own. To receive compensation, you need to prove liability or negligence. This is hard, even in straightforward cases. There is also a time limit when it comes to filing injury cases. An injury lawyer will guide you throughout the legal process.

If you or a loved one have been injured through negligence by a third party, it is wise to enlist the services of a Toronto personal injury lawyer.