Category Archives: Legal

Top Four Things That Could Affect Your Personal Injury Lawsuit

Posted by admin-author Date: October 5, 2017

Hiring a personal injury lawyer to represent you after you have been negatively impacted by the purposeful or neglectful actions of another person or company is an important step to take. However, this simple action will not guarantee the ideal outcome that you are hoping for and planning on. These are four of the primary factors that may affect the outcome of your case, and some of them could be improved upon to help you enjoy a better result.

1. The Severity of Damage or Harm to You

A personal injury case is usually tried in front of a jury, and the jury will pay close attention to how significantly you were impacted by the event. In some cases, if the jury feels as though the case is frivolous, they may not decide in your favor. The other possibility is that the jury will only award a small amount of money to you. If the jury feels that your own actions or negligence played a role in the event, you may not win your case, or the settlement may be lower than you requested.

2. The Proof Supporting Your Claims

Some personal injury cases boil down to two opposing parties claiming different things. Evidence or proof to support a claim is often critical if you want the case to be ruled in your favor and if you want the maximum financial return possible. Your personal injury lawyer may help you to pull together evidence or proof, or he or she may recommend items that you could obtain to corroborate your claim.

3. The Availability of Experts

When evidence or proof is scarce, another option to consider that may strengthen your case is expert testimony. You may have to pay a professional for his or her time spent on your case. However, the impact of an industry expert corroborating your claims can be significant. Your personal injury lawyer may be able to locate an expert who is willing to testify on your behalf.

4. The Actual Value of the Case

Another important matter to consider when you are looking at the possible outcome of your case is the value that your case is worth. For example, if your property was damaged because of a reckless driver, you may need to provide repair receipts, hotel receipts if you had to live outside the home while it was being repaired and more. When the value of the case is negligible or cannot be proven, the jury may not side in your favor.

Selecting the right Toronto personal injury lawyer to hire for representation is critical. Your attorney may provide you with insight about the overall strength of your case and probable outcome. He or she can also help you to strengthen or solidify your case for the best results possible.

4 Things to Do After Being Pulled Over for DUI

Posted by Stephen Date: October 1, 2017

If you’re stopped by a police officer under suspicion of driving under the influence, it’s important to remember to stay calm. Getting upset, nervous, or otherwise anxious will only make matters worse. As with any traffic stop, the officer will first ask for your driver’s license, proof of insurance, and vehicle registration. Stay as cool, calm, and collected as possible when providing these things to the officer, even if you’ve consumed alcohol prior to driving. Here’s four more things to remember if you’re stopped under suspicion of impaired driving.

1. The Right to Remain Silent

DUI is a criminal charge, so expect an arrest to occur if an officer suspects you’re intoxicated. Invoke your fifth amendment right to remain silent, especially if you’ve had even one or two drinks since alcohol tends to make many people a bit loose-lipped. Anything you say can and will be used against you when it’s your day in court and you certainly do not want officers to have evidence piled up against you. Answer questions as you feel comfortable, but keep words to a minimal and do not provide any unnecessary conversation or details.

2. Speak to an Attorney

Many people fail to realize the seriousness of a DUI until it is far too late and they’re living with a tarnished name and inability to obtain housing and employment. Conviction of a DUI certainly has many negative consequences that can devastate your life now and well into the future. Talk to a DUI lawyer to learn exactly how they can help keep you out of hot water after being charged with this crime. You’ll gladly enjoy their expertise and skills in DUI law when they’re working for you.

3. Take the Field Sobriety Tests

Field sobriety tests include walking a straight line and touching your fingertip to your nose. Officers give these tests to determine if a person is intoxicated. They’re usually followed up with a Blood Alcohol Test if you fail the field sobriety tests and sometimes when you don’t, but an officer still suspects you’re impaired. The BAC determines if you fall under the alcohol driving limit. Refusal to take field sobriety tests or a BAC may result in automatic arrest and charges of DUI. Expect the judge hearing the case to frown when he learns your refusal. Take the tests! You may be able to find more resources and insights at the Donna V Pledge website.

4. Don’t Plead Guilty

Shortly after your arrest, you’ll be taken in front of a magistrate or a judge who will ask if you want to enter a plea and set your bond amount. Never enter a guilty plea. Talk to a DUI attorney and fight the charge every step of the way. There’s so much n the line, it’s worth the fifth.

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.

7 Tips on how to find an Excellent Personal Injury Attorney

Posted by admin-author Date: August 8, 2017

Many people across the country have been affected by different forms of personal injury but have been unable to get the compensation that they deserve due to lack of representation from competent attorneys. Finding the best lawyer for a particular situation is not quite hard. People need to use almost the same approaches employed in the search for any specialist. Below are seven critical tips on how to get the best personal injury lawyers in your city.

1. Understand your situation

Personal injury attorneys are different from other lawyers since they are skilled in specific fields. If you have sustained injuries due to the negligence of an employer, a hospital, or an individual it is necessary to get the best legal expert to handle your case. The best personal injury attorney should be experienced in trial and negotiation, be well informed on negligence law, and also understand medical reports.

2. Research about different lawyers

You need to know various aspects of a good lawyer for your case. Factors to consider should include their disciplinary records, reputation, area of practice, trial experience, past court room records, and location. Knowing this makes it easier for you to work with the attorney and also boost your confidence.

3. Ask for referrals from the close friends

Inquire from the people that you trust on the attorneys that they might know. The individuals that one may consult include work colleagues, relatives, and friends. It is also advisable to seek help from lawyers that you have worked with in the past to refer you to the best attorney or law firm for the task. For one to get the maximum fair compensation for an injury, it is important to work with an excellent personal injury lawyer and not one who occasionally deals such cases.

4. Use search engines to find potential attorneys

Most attorneys have online platforms that clients can use to contact them. There are also reviews that have been posted on the internet about the best lawyers for personal injury cases in your location. When searching online, use many keywords to get the best results. For example, if your child was injured during birth, just search for a child birth injury lawyer in your city. You can get many attorneys online, but you will have to select the best based on the information that you get on the internet.

5. Meet the lawyers that you prefer.

After making a list of potential candidates, it is good to meet them personally for you to select the best. You can have a list of questions that you can ask about your case. This will help you to know the attorney who is most informed about your situation. Attorneys don’t charge for the first visit, but some require clients to pay consultation fees. Your best candidate should be able to make you feel confident regarding his or her personality, credentials, and positivity. Lawsuits take a while to be determined, and therefore, it is important to have the right person since you will be working together for a long time.

6. Know the attorney’s fee structure

Before choosing a lawyer that you would like work with, be sure that you will be able to afford his or her legal fees. Every attorney has a different fee structure, and you can select the one that feels convenient. A good personal injury attorney will not ask for any payments up front. Most of them collect their fees after the case is determined.

7. Hire your best candidate

After determining all the factors above, you can hire a personal injury lawyer with the best qualifications and fee structure. Ensure that you agree well with the attorney to ensure the success of your case.

A Close Look at Personal Injury Law

Posted by Stephen Date: June 14, 2017

Personal injury is part of civil law. It refers to injuries that result from actions of another party. People often encounter accidents that result in injuries. It’s important to understand personal injury law. Some incidents can cause personal injuries and may even result in death. If another person’s actions harm you, you should consider legal action. Personal injury law firms will help you seek compensation for the damages.

Personal injury law covers several scenarios. It’s different from criminal law. For instance, if someone is assaulted, the accused would face criminal charges. But if the attack causes serious injuries, the victim may need a personal injury lawyer to help him/her get compensation. The following are circumstances that would require the services of a personal injury attorney.

Medical malpractice

Medical practitioners are expected to comply with a certain code of conduct. That’s why they have to take the hypocritical oath. When a medical professional fails to act appropriately, this is considered medical malpractice. This type of negligence can cause harm to the patient.

Workplace injury

It’s an employer’s responsibility to ensure that workers have a safe working environment. If you get hurt at work due to a dangerous working environment, you can sue your employer for the injuries. You’ll need to hire an attorney from one of the reputable personal injury law firms in your area. The lawyer will help you get enough compensation to cover all the damages. What’s more, you can use the funds to pay your bills if you’re unable to make a living due to the injury.

Slip and fall

Business owners are responsible for the safety of those who visit their premises. Therefore, they should ensure their office or store is well maintained to avoid accidents. The flooring of a premise must be non-slip. If you slip and fall at the mall, you’re eligible for compensation from the management of the property.

Car accidents

There are multiple reasons why an accident may happen. Some car accidents are caused by natural causes such as earthquakes and landslides. However, reckless driving causes most accidents. This includes driving under the influence (DUI) and speeding. An accident might maim a pedestrian or a safe driver. In such a case, no amount of jail time would help the victim recover. So, the best option would be to hire a personal injury lawyer and pursue compensation.

Some cases require the services of personal injury law firms. If you ever find yourself in any of this situation, you shouldn’t hesitate to take legal action. It’s your constitutional right to receive compensation for your physical, financial, and emotional damages. Be sure to hire an attorney who specializes in personal injury law. There are resources available at Bogoroch & Associates LLP for more information.

Essential Aspects of ICBC Accident Reporting that you should know

Posted by Stephen Date: March 30, 2017

As a driver, it’s your duty to report car accidents you were part of to the ICBC. This should be done immediately. The term “immediately” means in a day or two after the accident- if it’s humanly possible. It is a policy term with ICBC and your duty to offer a statement detailing the accident within a reasonable time. The statement needs to be signed.

Providing statements to ICBC

You must be very careful about the statement you give. Whatever you say could be used against you even if it’s at the reporting stage. In case ICBC identifies a way they can minimize coverage or compensation, they will count on it. If possible, they will use the information you offered to build a case showing how you breached the contract.

When an attorney is needed to deal with ICBC

ICBC isn’t in the business of making payments, but it’s an insurer focusing on the bottom line. In case ICBC collects evidence to prove that you breached the insurance contract, expect that they will deny you your insurance coverage. This begins at the accident reporting stage.

Is a lawyer really needed?

It’s not a must for you to have a lawyer so that you can claim compensation when injured or seek no-fault benefits. However, it’s strongly recommended that one gets an attorney depending on the circumstances at hand. The more serious the injuries and their impacts are, the more you’ll need to get legal assistance from an experienced BC lawyer.

Nothing in the law requires that you hire an attorney while dealing with ICBC, even while at the court. But if you don’t retain a lawyer, you need to make informed decisions so that ICBC doesn’t take advantage of your situation.

Essential things you need to know

ICBC can appoint an adjuster for your claim. This ICBC lawyer will be working for them, not you. Their job is to solve the claim for the ICBC. The adjusters are experienced and handle injury claims every day. They are sophisticated negotiators and know how valuable an injury claim is.

So when you decide to get a lawyer, he or she needs to do the following:

• Act on your best interests and not ICBC’s.
• Offer advice on how your rights should be protected.
• Do everything to get you fair ICBC settlements that aren’t based on the ICBC’s perspective.
• Get adequate medical information showing the full extent of the injuries.
• Gather evidence concerning the auto collision.
• Decide the compensation that is ideal for your case.

If your attorney can’t settle the case, he or she must take the case to court so that you can have a fair chance of obtaining a full and equitable compensation as per the law. Having a lawyer doesn’t mean you’ll go to court. Most ICBC claims never get to the courtroom. You may be able to learn more information at Preszler Law Firm.

How to Prepare for Your DUI Court Date

Posted by admin-author Date: March 29, 2017

If you have an upcoming court date for driving under the influence, you are probably feeling incredibly nervous about what is going to happen. This is definitely an understandable feeling, but you should know that there are steps that you can take and things that you can do to help you ensure that you are ready for court, such as hiring a DUI lawyer. These are some of the things that you can do to help prepare yourself for your upcoming court date.

Hire a DUI Lawyer

First and foremost, you should know that this is not the type of thing that you should try to handle on your own. It’s not a simple traffic ticket that will be easy to take care of by yourself, and even if you are thinking about not hiring a lawyer because you want to cut costs, you should know that it’s usually not a good idea. Working with a good DUI attorney can help you determine how to handle your case in the best way possible. Additionally, it can provide you with a little bit of support and peace of mind during this difficult time in your life.

Save Up Your Money

You should know that DUI cases are not cheap. Along with having to pay fees for an attorney, you’re also going to have to worry about other related costs, such as the fees and fines that you might have to pay when you go to court. It’s usually best if you have this money on hand so that you can cover these costs as soon as possible, so it’s always smart to save up your money for a while so that you are financially prepared. Talking to your attorney can provide you with a basic idea of how much you are going to need.

Attend Programs or Meetings

Depending on your situation, your attorney might recommend that you go to meetings or rehab before your court date. Not only can this help you look better when you go to court, but it can also help you in your personal life if you have a drinking problem. Your attorney should be able to provide you with a list of local resources that you can look into.

Even though it can definitely be scary if you are facing a criminal charge for driving after consuming more than the legal alcohol driving limit, there are things that you can do to be as prepared as possible. If you follow these tips, you can help ensure that you are properly prepared for your impaired driving court date, which can help you ensure that things go as well as they can when you go to court.