Ottawa Car Accident Lawyers - Ottawa Injury Lawyers - What are the steps to transfer a personal injury file and claim from one lawyer to another - PART 2?
In summary, the steps are as follows:
1. Notify the former injury lawyer that you have retained a new injury lawyer;
2. Request for the physical file be transferred from your former injury lawyer to your new injury lawyer ( serve him with a direction seeking that the file be delivered to the new accident - injury lawyer );
3. Notify all parties of the change in injury lawyers;
4. If the matter is in court ( a statement of claim has been issued ), notify the court and all opposing lawyers that you have retained a new injury lawyer;
5. If there is objection from your former lawyer to hand over the physical file, negotiate the terms of the transfer of the file;
6. If negotiations fail and your former injury lawyer refuses to hand over the physical file, file a formal complaint with the Law Society of Upper Canada and file an application (or motion as the case may be) seeking a court order compelling your former lawyer to hand over the physical file - order for delivery of the file;
7. File an application for assessment, which is a court process allowing clients to challenge a lawyer’s accounts and claims for liens against files; and
8. Once the file is obtained ( voluntarily or by court order ), review the file.
If you choose to leave your current personal injury lawyer and transfer your injury claim to another law injury law firm, the process can be easy or quite complicated depending on your former lawyer. Your new injury lawyer will need the physical file from your former accident lawyer. Assuming you have paid any account rendered by your former accident lawyer, getting your file should be as easy as requesting it from your former injury lawyer.
Complications can arise because of issues such as whether you owe any money to your former lawyer and whether there is outstanding accounts owed to your former lawyer and whether there will be a dispute over any percentage billing or fee billing of the file (contingency fee agreements). In every case, if the matter is already in Court (a court action has been commenced) the client must notify the Court and all parties of the change of lawyers. As your new personal injury lawyer, we will file the needed documents with the Court and notify all parties. If your claim is not in Court and you are at the pre litigation stage, we will notify all the parties and insurers involved. We handle every step necessary to have the file transferred.
The physical file held with your injury lawyer is your property. You are entitled to your property and the lawyer is entitled to a copy of the file. Your new accident lawyer will need your file to continue prosecuting your injury case. Any delay in obtaining the file can, in some circumstances, be devastating. For example, a limitation period may be missed or a court event may be missed such as an appearance at a scheduled settlement conference. The faster you can obtain a transfer of the file, the better. If there is a dispute about the account or contingency fee arrangement, obtaining the physical file often becomes an issue. If you are caught in such a situation, your new injury lawyer has options to assist you: negotiating a settlement of the fee is always possible. Also, if the former lawyer is seeking a percentage of the recovery, that issue can be resolved in various ways (i.e. agree on an amount, agree on a percentage, agree to preserve the settlement funds until there is agreement or a court order determining the issue). If negotiation fails, a complaint to the Law Society of Upper Canada can sometimes assist. Also, an application to Court for delivery of the file and a determination of rights to the file is always available as well as an application for an assessment of the account rendered by the former accident lawyer. You can always ask the former injury lawyer to produce an account under the Solicitor’s Act of Ontario, and then proceed to assess the account.
At Plant Quinn Thiele Mineault Grodzki PC, we can assist you in transferring a personal injury file from your former lawyer to us as your new injury law firm. We handle all steps necessary to effect the transfer of the file. However, if the dispute with your former lawyer can be easily resolved, we often suggest that mediating or negotiating the issue is appropriate. If the lawyer client relationship has irrevocably broken down, we will take over the file under a new retainer agreement with you. We offer free consultations and No Fee Until You Win fee arrangements. Call us at 613-315-4878 or 613-315-HURT or e-mail us at mquinn@pqtlaw.com. Marc-Nicholas Quinn, Lawyer, Mediator and Law Instructor. Ottawa Personal Injury Lawyer Network.
Sunday, August 22, 2010
Friday, August 20, 2010
Ottawa Accident Lawyers, Ottawa Injury Lawyers - Is it possible to fire my personal injury lawyer and hire a new personal injury lawyer?
Ottawa Accident Lawyers, Ottawa Injury Lawyers - Is it possible to fire my personal injury lawyer and hire a new personal injury lawyer? Transfer of a personal injury file from one accident lawyer to another - how to proceed?
Top reasons why clients want to change lawyers
From time to time, we are asked by new clients to take over carriage of their personal injury files from another personal injury lawyer. In all cases, the client is very unhappy with their current personal injury lawyer and have reached a critical point where the client and solicitor relationship has deteriorated.
In our experience, the main reasons a client wishes to change personal injury lawyers are as follows:
1. The lawyer will not work on the file and has improperly delegated the file to someone else in the office such as a paralegal or law clerk.
2. The client has tried for weeks and sometimes months to reach the accident lawyer or his assistant, to no avail. No explanation is provided for why the lawyer never calls back.
3. The file is passed from one accident lawyer to the next in the same law firm.
4. The file is not progressing at all.
5. The client receives no updates at all.
6. The delay in the case is not explained at all.
7. There is disagreement on the conduct / steps of the case.
8. The accident lawyer recommends a settlement that the client objects to.
9. The lawyer changes his view significantly on the merits of the case without any explanation.
10. The lawyer refuses to continue with the case.
11. The lawyer is charging much more money than was quoted.
12. The lawyer is rude or lacks compassion.
As a client, one or a combination of the above reasons may trigger you to re-assess your relationship with your accident lawyer. If you experience difficulties in your relationship with your injury lawyer and attempts to work out a solution fails, or if your relationship with your current injury lawyer has deteriorated to the point that you have lost confidence in your injury lawyer for any reason, we would be pleased to meet with you free of charge and discuss your options, including a transfer of your personal injury matter to our law firm.
Is it always appropriate to change personal injury lawyers?
As a word of caution, we mention that it is not always in your best interests to transfer your file to a new personal injury lawyer. In many cases, after reviewing the matter, it turns out, for various reasons, that it is in a client’s best interests to remain with their current personal injury lawyer. For example, after reviewing the situation, the file is actually progressing well, the former lawyer was doing a fine job with the file and the real issue was simply a lack of proper communication between the lawyer and client. If the client had been provided regular updates, all would be fine, or if the client was given an explanation for the delay, all would be fine.
In such cases, a meeting between the client and injury lawyer to discuss the issues often solves the problem. In some cases, the client may have unrealistic expectations about the time-line or result of their case. Again, a meeting with the injury lawyer to obtain answers can sometimes provide the information needed to resolve the lawyer client relationship. In some cases, a meeting between the lawyer and client can clear up any misunderstandings and expectations in the lawyer client relationship and the terms of the continued relationship can be agreed upon.
Every case of a request to transfer the file is assessed and considered on its own merits and once the relevant facts received. If, after considering all the facts, the former lawyer has and is not pursing the injury claim properly, we will entertain a request to transfer the personal injury file to our office.
What are the client’s rights when seeking to transfer the file
The client has the right to change lawyers. In a lawyer client relationship, as the client, you have certain rights and interests. You have, for instance, the right to a report on the status of your file from time to time and you have the right to request a copy of your file (or rather, you are entitled to your file and the lawyer is entitled to a copy of it). In most cases of a request for a file transfer, the lawyer will wish to impose certain conditions to transferring the file, usually pertaining to a protection of and/or payment of his/her legal account for legal services rendered. The conditions will depend on the nature of the retainer agreement; essentially was the retainer and fee on an hourly rate basis or on a result obtained basis.
There are some added costs to the client in that your new personal injury lawyer will have to review the file and obtain, as best as possible, the knowledge the former injury lawyer has about the file; obtained by a thorough review of the file and time spent with the client reviewing the facts and issues.
Changing injury lawyers is not very complicated, but it takes some times and the proper procedure must be followed.
At Plant Quinn Thiele Mineault Grodzki PC, if we agree to take over carriage of your file we will take all the necessary steps to have the file transferred to our law firm and we will negotiate the terms with your existing personal injury lawyer.
We handle most personal injury and accident cases on a contingency fee arrangement, meaning a"No Fee Until You Win" basis. Consultations with our injury and accident lawyers are free. If you desire to change your injury lawyer, please feel free to consult us, free of charge at 613-315-HURT or 613-315-4878, or by e-mail at mquinn@pqtlaw.com. Visit us at www.ottawapersonalinjurylawyernetwork.com.
Top reasons why clients want to change lawyers
From time to time, we are asked by new clients to take over carriage of their personal injury files from another personal injury lawyer. In all cases, the client is very unhappy with their current personal injury lawyer and have reached a critical point where the client and solicitor relationship has deteriorated.
In our experience, the main reasons a client wishes to change personal injury lawyers are as follows:
1. The lawyer will not work on the file and has improperly delegated the file to someone else in the office such as a paralegal or law clerk.
2. The client has tried for weeks and sometimes months to reach the accident lawyer or his assistant, to no avail. No explanation is provided for why the lawyer never calls back.
3. The file is passed from one accident lawyer to the next in the same law firm.
4. The file is not progressing at all.
5. The client receives no updates at all.
6. The delay in the case is not explained at all.
7. There is disagreement on the conduct / steps of the case.
8. The accident lawyer recommends a settlement that the client objects to.
9. The lawyer changes his view significantly on the merits of the case without any explanation.
10. The lawyer refuses to continue with the case.
11. The lawyer is charging much more money than was quoted.
12. The lawyer is rude or lacks compassion.
As a client, one or a combination of the above reasons may trigger you to re-assess your relationship with your accident lawyer. If you experience difficulties in your relationship with your injury lawyer and attempts to work out a solution fails, or if your relationship with your current injury lawyer has deteriorated to the point that you have lost confidence in your injury lawyer for any reason, we would be pleased to meet with you free of charge and discuss your options, including a transfer of your personal injury matter to our law firm.
Is it always appropriate to change personal injury lawyers?
As a word of caution, we mention that it is not always in your best interests to transfer your file to a new personal injury lawyer. In many cases, after reviewing the matter, it turns out, for various reasons, that it is in a client’s best interests to remain with their current personal injury lawyer. For example, after reviewing the situation, the file is actually progressing well, the former lawyer was doing a fine job with the file and the real issue was simply a lack of proper communication between the lawyer and client. If the client had been provided regular updates, all would be fine, or if the client was given an explanation for the delay, all would be fine.
In such cases, a meeting between the client and injury lawyer to discuss the issues often solves the problem. In some cases, the client may have unrealistic expectations about the time-line or result of their case. Again, a meeting with the injury lawyer to obtain answers can sometimes provide the information needed to resolve the lawyer client relationship. In some cases, a meeting between the lawyer and client can clear up any misunderstandings and expectations in the lawyer client relationship and the terms of the continued relationship can be agreed upon.
Every case of a request to transfer the file is assessed and considered on its own merits and once the relevant facts received. If, after considering all the facts, the former lawyer has and is not pursing the injury claim properly, we will entertain a request to transfer the personal injury file to our office.
What are the client’s rights when seeking to transfer the file
The client has the right to change lawyers. In a lawyer client relationship, as the client, you have certain rights and interests. You have, for instance, the right to a report on the status of your file from time to time and you have the right to request a copy of your file (or rather, you are entitled to your file and the lawyer is entitled to a copy of it). In most cases of a request for a file transfer, the lawyer will wish to impose certain conditions to transferring the file, usually pertaining to a protection of and/or payment of his/her legal account for legal services rendered. The conditions will depend on the nature of the retainer agreement; essentially was the retainer and fee on an hourly rate basis or on a result obtained basis.
There are some added costs to the client in that your new personal injury lawyer will have to review the file and obtain, as best as possible, the knowledge the former injury lawyer has about the file; obtained by a thorough review of the file and time spent with the client reviewing the facts and issues.
Changing injury lawyers is not very complicated, but it takes some times and the proper procedure must be followed.
At Plant Quinn Thiele Mineault Grodzki PC, if we agree to take over carriage of your file we will take all the necessary steps to have the file transferred to our law firm and we will negotiate the terms with your existing personal injury lawyer.
We handle most personal injury and accident cases on a contingency fee arrangement, meaning a"No Fee Until You Win" basis. Consultations with our injury and accident lawyers are free. If you desire to change your injury lawyer, please feel free to consult us, free of charge at 613-315-HURT or 613-315-4878, or by e-mail at mquinn@pqtlaw.com. Visit us at www.ottawapersonalinjurylawyernetwork.com.
Wednesday, August 18, 2010
Ottawa Accident Lawyers - Interesting article about lawyers
It's the end of the profession as you know it, lawyers told
With other options, clients expect more for less, professor says
Article by: Janice Tibbetts, Postmedia News
Lawyers are under a "huge threat" and risk being run out of business unless they come to grips with a new legal order instead of trusting that big profits will bounce back when the economy recovers, says a legal futurist.
"The genie is out of the bottle," warned Richard Susskind, who said Tuesday that the wide availability of do-it-yourself services and legal documents online, along with a growing trend to hire lawyers in India for a fraction of the cost, will force the profession to offer more for less.
"That is the mindset you have to have," Susskind, author of a provocative book called The End of Lawyers?, told the Canadian Bar Association. "What I find as I wander around is that there is no way back."
Susskind, an international speaker and professor at Oxford University in England who has made a bit of a splash in the legal world with his brand of futurism, noted that his audiences tend to be gatherings of senior lawyers who seem more interested in short-term profitability that the wave of the future.
"Leading firms are relying on the market returning," said Susskind, adding that the "old way of thinking" is gradually giving way to more openness because the traditional business is under siege.
Clients, in particular, are loathe to pay high hourly rates for routine services that they can source online or find offshore for a fraction of the cost, Susskind said.
The public is not only demanding more, but young lawyers are also questioning whether the business model is broken, whether fixed costs are too high, and whether senior partners care about the long-term sustainability of the profession, he said.
The bar association hired Susskind as a "special adviser" last year to help modernize the business in Canada, which has been slow to adopt new ways of doing business to compete with novel legal services.
Traditionally, lawyers have billed by the hour and clients pay for the whole package of services, without knowing whether they are getting value for their money.
Canadian lawyers have been considering following a growing trend in the United States of "unbundling" services by permitting clients to do some of the work themselves.
Critics, however, contend it could open up lawyers to legal problems of their own by offering advice on issues when they do not have the full picture.
With other options, clients expect more for less, professor says
Article by: Janice Tibbetts, Postmedia News
Lawyers are under a "huge threat" and risk being run out of business unless they come to grips with a new legal order instead of trusting that big profits will bounce back when the economy recovers, says a legal futurist.
"The genie is out of the bottle," warned Richard Susskind, who said Tuesday that the wide availability of do-it-yourself services and legal documents online, along with a growing trend to hire lawyers in India for a fraction of the cost, will force the profession to offer more for less.
"That is the mindset you have to have," Susskind, author of a provocative book called The End of Lawyers?, told the Canadian Bar Association. "What I find as I wander around is that there is no way back."
Susskind, an international speaker and professor at Oxford University in England who has made a bit of a splash in the legal world with his brand of futurism, noted that his audiences tend to be gatherings of senior lawyers who seem more interested in short-term profitability that the wave of the future.
"Leading firms are relying on the market returning," said Susskind, adding that the "old way of thinking" is gradually giving way to more openness because the traditional business is under siege.
Clients, in particular, are loathe to pay high hourly rates for routine services that they can source online or find offshore for a fraction of the cost, Susskind said.
The public is not only demanding more, but young lawyers are also questioning whether the business model is broken, whether fixed costs are too high, and whether senior partners care about the long-term sustainability of the profession, he said.
The bar association hired Susskind as a "special adviser" last year to help modernize the business in Canada, which has been slow to adopt new ways of doing business to compete with novel legal services.
Traditionally, lawyers have billed by the hour and clients pay for the whole package of services, without knowing whether they are getting value for their money.
Canadian lawyers have been considering following a growing trend in the United States of "unbundling" services by permitting clients to do some of the work themselves.
Critics, however, contend it could open up lawyers to legal problems of their own by offering advice on issues when they do not have the full picture.
Sunday, August 15, 2010
Ottawa Accident Lawyers - Ottawa Injury Lawyers - Explain General Steps in Negotiating a Personal Injury Case and Car Accident Case: by: Marc-Nicholas
Ottawa Accident Lawyers - Ottawa Injury Lawyers - Explain General Steps in Negotiating a Personal Injury Case and Car Accident Case: by: Marc-Nicholas Quinn
If you have never been injured in a car accident or dealt with a lawyer involved in a personal injury claim or law suit, you have likely never been involved in the steps necessary in negotiating personal injury settlement. There is a particular process to settlement of a personal injury claim and unless you have been through the process before or trained to handle the claims process, you probably don’t know much about how the settlement process works.
In negotiating injury settlements, there are many pitfalls. It is always recommended that you retain the services of a personal injury lawyer / accident lawyer to advise you on every step of a personal injury claim arising out of a car accident or any other type of accident such as a general negligence claim, a slip and fall or trip and fall.
There are basic rules and procedures to follow when advancing a claim for compensation arising out of an accident. The initial step is to meet with and hire an accident lawyer - injury lawyer who will write a “demand letter” or “notice letter” which places the person at fault for the accident on notice of a claim being advanced for compensation. In a way, that initial letter formally starts the negotiating process because the insurance company involved will determine based on the basic facts if the claim has any merit at first instance. The initial letter should provide sufficient information to allow the insurance adjuster to commence an investigation into the accident and set aside a reasonable reserve of money to allow for fair compensation to be paid, if liability is accepted and settlement is possible. The letter should provide a concise summary of the basics facts of the person injured and of the accident, list injuries sustained, identify the person at fault and notify the person that compensation is being sought on certain legal grounds, usually on the grounds of negligence.
The demand or notice letter is the starting point to a series of communications between the insurance adjuster and you or your accident lawyer. The initial letter is important and is likely to be referred to at various points in the claims process. In some jurisdictions, pre-judgment interest runs from the date of the initial demand letter. It is recommended that the amount of compensation claimed is never revealed in the initial demand or notice letter. Rather, notice that certain types of damages are sought is sufficient. It is unlikely in any event that the amount of compensation sought is known since at the early stages, injuries have not yet healed and it would be impossible to quantify the compensation. When the injuries and impact on the injured person are fully known, commencing negotiation on the amount of compensation is possible. Remember that an insurance adjuster will never offer a settlement that is more that you request, so it is important that the letter seeking specific amounts of compensation is tendered only when all the facts are fully known and injuries have reached maximum recovery or what is sometimes called “crystallization” (i.e. injury will never get better or worse - maximum recovery has occurred).
Generally, the insurance adjuster will provide a counter-offer which will be lower than your offer. A series of negotiating telephone conversations or letters between your accident lawyer and the insurance adjuster will follow. In response to a counter-offer, it is important to lay out the strengths of your case and the weaknesses of the opposing party’s case as well as address any problematic issues about your case.
In the end, the amount of compensation will depend on many factors such as the quality of your personal injury lawyer, quality of the evidence in support of your case, the types and extent of injuries sustained, quality of supporting documents for each head of damages claimed, quality of any experts retained and quality of their reports and degree of the past, present and future impact of the injuries on your life. Calculating what is fair and reasonable is not easy but a reputable and experienced personal injury lawyer can provide a fairly accurate range for settlement purposes, based on review of your entire file, experience and legal research. Your accident lawyer’s job, in part, is to obtain the highest possible settlement for you based on the facts of your case.
Regardless of the strengths and weaknesses of your case, if you were injured because of the negligence of another person, your case will very likely settle if the proper steps to negotiating a personal injury settlement are followed. The steps outlined in this brief article is by no means exhaustive. There are dozens of other steps which are needed and followed to maximize a personal injury case and ensure fair and reasonable compensation is obtained. An experienced personal injury and accident lawyer will follow all the necessary steps to reach settlement and each case is different - some involve more work and steps than others.
At Plant Quinn Thiele Mineault Grodzki PC, Ottawa Accident Lawyers - Ottawa Injury Lawyers, we provide free consultations and take on accident and injury cases on a NO Fee Until You Win basis. The more you receive in compensation, the more we are paid. If no settlement is reached, we charge nothing. Call us for a free injury case assessment at 613-315-4878 or 613-315-HURT. Marc-Nicholas Quinn, Lawyer, Mediator, Law Instructor. Founder of the Ottawa Personal Injury Lawyer Network. Member of the Ontario Trial Lawyers Association.
If you have never been injured in a car accident or dealt with a lawyer involved in a personal injury claim or law suit, you have likely never been involved in the steps necessary in negotiating personal injury settlement. There is a particular process to settlement of a personal injury claim and unless you have been through the process before or trained to handle the claims process, you probably don’t know much about how the settlement process works.
In negotiating injury settlements, there are many pitfalls. It is always recommended that you retain the services of a personal injury lawyer / accident lawyer to advise you on every step of a personal injury claim arising out of a car accident or any other type of accident such as a general negligence claim, a slip and fall or trip and fall.
There are basic rules and procedures to follow when advancing a claim for compensation arising out of an accident. The initial step is to meet with and hire an accident lawyer - injury lawyer who will write a “demand letter” or “notice letter” which places the person at fault for the accident on notice of a claim being advanced for compensation. In a way, that initial letter formally starts the negotiating process because the insurance company involved will determine based on the basic facts if the claim has any merit at first instance. The initial letter should provide sufficient information to allow the insurance adjuster to commence an investigation into the accident and set aside a reasonable reserve of money to allow for fair compensation to be paid, if liability is accepted and settlement is possible. The letter should provide a concise summary of the basics facts of the person injured and of the accident, list injuries sustained, identify the person at fault and notify the person that compensation is being sought on certain legal grounds, usually on the grounds of negligence.
The demand or notice letter is the starting point to a series of communications between the insurance adjuster and you or your accident lawyer. The initial letter is important and is likely to be referred to at various points in the claims process. In some jurisdictions, pre-judgment interest runs from the date of the initial demand letter. It is recommended that the amount of compensation claimed is never revealed in the initial demand or notice letter. Rather, notice that certain types of damages are sought is sufficient. It is unlikely in any event that the amount of compensation sought is known since at the early stages, injuries have not yet healed and it would be impossible to quantify the compensation. When the injuries and impact on the injured person are fully known, commencing negotiation on the amount of compensation is possible. Remember that an insurance adjuster will never offer a settlement that is more that you request, so it is important that the letter seeking specific amounts of compensation is tendered only when all the facts are fully known and injuries have reached maximum recovery or what is sometimes called “crystallization” (i.e. injury will never get better or worse - maximum recovery has occurred).
Generally, the insurance adjuster will provide a counter-offer which will be lower than your offer. A series of negotiating telephone conversations or letters between your accident lawyer and the insurance adjuster will follow. In response to a counter-offer, it is important to lay out the strengths of your case and the weaknesses of the opposing party’s case as well as address any problematic issues about your case.
In the end, the amount of compensation will depend on many factors such as the quality of your personal injury lawyer, quality of the evidence in support of your case, the types and extent of injuries sustained, quality of supporting documents for each head of damages claimed, quality of any experts retained and quality of their reports and degree of the past, present and future impact of the injuries on your life. Calculating what is fair and reasonable is not easy but a reputable and experienced personal injury lawyer can provide a fairly accurate range for settlement purposes, based on review of your entire file, experience and legal research. Your accident lawyer’s job, in part, is to obtain the highest possible settlement for you based on the facts of your case.
Regardless of the strengths and weaknesses of your case, if you were injured because of the negligence of another person, your case will very likely settle if the proper steps to negotiating a personal injury settlement are followed. The steps outlined in this brief article is by no means exhaustive. There are dozens of other steps which are needed and followed to maximize a personal injury case and ensure fair and reasonable compensation is obtained. An experienced personal injury and accident lawyer will follow all the necessary steps to reach settlement and each case is different - some involve more work and steps than others.
At Plant Quinn Thiele Mineault Grodzki PC, Ottawa Accident Lawyers - Ottawa Injury Lawyers, we provide free consultations and take on accident and injury cases on a NO Fee Until You Win basis. The more you receive in compensation, the more we are paid. If no settlement is reached, we charge nothing. Call us for a free injury case assessment at 613-315-4878 or 613-315-HURT. Marc-Nicholas Quinn, Lawyer, Mediator, Law Instructor. Founder of the Ottawa Personal Injury Lawyer Network. Member of the Ontario Trial Lawyers Association.
Saturday, August 14, 2010
Ottawa Car Accident Lawyers - Injury Experts - Traffic Accidents and Injuries
Ottawa Car Accident Lawyers - Traffic Accidents and Injuries
A traffic accident or traffic collision involves an incident in which a motor vehicle such as a car, suv, atv, motorcycle or other motorized travel device collides with another motor vehicle, person, pedestrian, animal, items on a road or other type obstacle. In cases of traffic accidents, traffic collisions, car crashes or car accidents, chances are that the incident has caused injury to person or property. It is very uncommon for a traffic collision or car accident not to cause injury to person, damage to property or even death. There are many factors that contribute to an accident occurring, such as weather, faulty vehicles, bad road design and driver impairment such as alcohol or drug consumption, texting or phone use. The list if impairments is long.
When a car accident leads to personal injury, the injured person should consult a personal injury lawyer as soon as possible after the accident. Motor vehicle law is a very complex area of law with many time limits to advance claims and significant pitfalls. Car accidents cause injury and significant financial cost. No matter how well we try to avoid car accidents and eliminate risks, car accidents will continue to occur.
Trying to find guidance from articles published on the Internet is a start, but one quickly realizes when trying to make sense of what to do after an accident, unless you are a car accident specialist, you will gain limited useful knowledge of your interests and rights as an injured person by surfing the Internet. The pitfalls in car accident litigation are endless and only an experienced car accident lawyer can provide the legal advice and guidance needed to protect your rights and interests and obtain fair compensation.
The types of injuries one can suffer in a car accident is varied. Car accidents can cause many different injuries to virtually any part of your body. Common injuries include head injuries and injury to the face such as lacerations, bruising, concussions, fractures, post-concussion syndrome, closed head injuries, traumatic brain injuries. We also see various neck injuries such as sprains, strains, whiplashes, fractures, cervical injuries and disc injuries. We see shoulder injuries such as sprains, strains, fractures, dislocations and joint injuries. We also see a significant amount of injuries to arms, hands, legs, knees and feet such as lacerations, bruises, fractures, sprains, strains, dislocations and ligament injuries. We see significant back injuries such as sprains, strains, fractures, disc injuries and spine injuries of every type. We often see associated psychological injuries, emotional trauma and in some cases death. The severity of the injuries varies significantly.
In many cases, injuries sustained in car accidents are not obvious right away. In some cases, endorphins produced in times of trauma mask or hide pain and you may not be aware of the injuries sustained until some time later. In some cases, swelling only occurs after some time and injuries are revealed only hours or days after a car accident. It is always better to be safe than sorry. Always seek medical treatment after a car accident even if you appear fine.
If you or someone you care about has been injured in a car accident or other type of accident, contact the Ottawa Accident and Injury Lawyer Network for a free consultation. We offer No Fee Until You Win agreements and will not charge anything unless you win your case. Call us at 613-315-4878 or 613-315-HURT.
A traffic accident or traffic collision involves an incident in which a motor vehicle such as a car, suv, atv, motorcycle or other motorized travel device collides with another motor vehicle, person, pedestrian, animal, items on a road or other type obstacle. In cases of traffic accidents, traffic collisions, car crashes or car accidents, chances are that the incident has caused injury to person or property. It is very uncommon for a traffic collision or car accident not to cause injury to person, damage to property or even death. There are many factors that contribute to an accident occurring, such as weather, faulty vehicles, bad road design and driver impairment such as alcohol or drug consumption, texting or phone use. The list if impairments is long.
When a car accident leads to personal injury, the injured person should consult a personal injury lawyer as soon as possible after the accident. Motor vehicle law is a very complex area of law with many time limits to advance claims and significant pitfalls. Car accidents cause injury and significant financial cost. No matter how well we try to avoid car accidents and eliminate risks, car accidents will continue to occur.
Trying to find guidance from articles published on the Internet is a start, but one quickly realizes when trying to make sense of what to do after an accident, unless you are a car accident specialist, you will gain limited useful knowledge of your interests and rights as an injured person by surfing the Internet. The pitfalls in car accident litigation are endless and only an experienced car accident lawyer can provide the legal advice and guidance needed to protect your rights and interests and obtain fair compensation.
The types of injuries one can suffer in a car accident is varied. Car accidents can cause many different injuries to virtually any part of your body. Common injuries include head injuries and injury to the face such as lacerations, bruising, concussions, fractures, post-concussion syndrome, closed head injuries, traumatic brain injuries. We also see various neck injuries such as sprains, strains, whiplashes, fractures, cervical injuries and disc injuries. We see shoulder injuries such as sprains, strains, fractures, dislocations and joint injuries. We also see a significant amount of injuries to arms, hands, legs, knees and feet such as lacerations, bruises, fractures, sprains, strains, dislocations and ligament injuries. We see significant back injuries such as sprains, strains, fractures, disc injuries and spine injuries of every type. We often see associated psychological injuries, emotional trauma and in some cases death. The severity of the injuries varies significantly.
In many cases, injuries sustained in car accidents are not obvious right away. In some cases, endorphins produced in times of trauma mask or hide pain and you may not be aware of the injuries sustained until some time later. In some cases, swelling only occurs after some time and injuries are revealed only hours or days after a car accident. It is always better to be safe than sorry. Always seek medical treatment after a car accident even if you appear fine.
If you or someone you care about has been injured in a car accident or other type of accident, contact the Ottawa Accident and Injury Lawyer Network for a free consultation. We offer No Fee Until You Win agreements and will not charge anything unless you win your case. Call us at 613-315-4878 or 613-315-HURT.
Sunday, August 8, 2010
Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers. Top 40 things to do to prepare for a meeting with your injury lawyer
Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers. Top 40 things to do to prepare for a meeting with your personal injury lawyer - How to prepare for your meeting with a personal injury lawyer.
The first meeting with a personal injury lawyer / accident lawyer is quite important. It sets the stage for your ongoing relationship. The more information and documents you bring the better and more productive the initial meeting will be. Your personal injury lawyer will appreciate any effort you make in providing a any important facts about the accident, your injuries and impact on your life and your family’s life.
If you have been injured in an accident such as a car accident, slip and fall, trip and fall or dog bite incident and have suffered injuries as a result, meeting with a personal injury and accident lawyer as soon as possible after the accident is important. As an injured person, relevant legal knowledge can make the difference between obtaining fair compensation or obtaining no compensation at all.
A personal injury and accident lawyer can provide you with all the information you need to make a decision on seeking compensation. Your personal injury lawyer will need to gather information and documents from you to assist them in representing your interests and maximizing your recovery.
You should bring this information and documents with you when you meet your accident lawyer and continue to bring information and documents to your accident lawyer as the case progresses.
This brief article addresses the types of documents and information you generally should bring, if available, to an initial meeting with a personal injury lawyer / accident lawyer. The type of documents and information you bring will depend on the type of accident you were involved in and the nature and types of injuries you have suffered. In general terms, the following is a list of information and documents to bring to your initial meeting with a personal injury lawyer. Note again that you will likely have to bring additional documents and information to the attention of your personal injury lawyer as your case develops:
1. The date, time and location of the accident;
2. Names and addresses of anyone you believe may be responsible for the accident and liable to you for the accident;
3. Two pieces of identification such as a driver’s licence and social insurance card;
4. Your date of birth, municipal address and full contact particulars;
5. The names and dates of birth of your spouse and children as well as their addresses if different from yours;
6. Copy of any applicable insurance policy such as vehicle insurance or home insurance;
7. The name and contact information of your own insurance agent, adjuster or any other insurance representative;
8. The name and contact information of the insurance agent, adjuster or any other insurance representative representing the person responsible for the accident;
9. Copies of any letters or other correspondence or documents exchanged to and from your insurance company, the other party’s insurance company or any other relevant insurance company, agent or adjuster;
10. Details of any oral or written statements you may have given to your insurance company or the other party's insurance company;
11. Any other important dates and times such as the date and time of the accident;
12. The location of the accident;
13. Photographs of the accident site;
14. Photographs of any damage to your car or clothing or other personal or real property;
15. Photographs of your injuries;
16. The names and addresses of the hospital you were taken to immediately after the accident;
17. Confirmation of whether or not you were taken to hospital by ambulance;
18. Copy of any police report provided to you or alternatively if you were not given a police report, the police report or incident number;
19. Names and addresses of any health care provider that has provided care to you;
20. Names and addresses of any health care provider that will provide care to you in the future;
21. The dates that you were taken to any health care provider or hospital and reason for the visit;
22. The names, addresses and telephone numbers of any witnesses to the incident;
23. Copies of any witness statements;
24. Full particulars of your employment or method of earning income such as a business income;
25. Details of all dates you were unable to work due to the accident and your injuries;
26. Details of any benefits you needed to take from work because of inability to work due to the accident and your injuries such as vacation and/or sick leave;
27. Details of any extended health care insurance you have through employment or independently that cover any medical expenses at all;
28. Details of any disability insurance (short term or long term) you have through employment or independently/privately;
29. Copies of any medical bills or invoices;
30. Copies of any bills or invoices for expenses you incurred because of the accident;
31. If your injuries were caused as a result of a car accident, bring any documents relevant to the accident such as any documents exchanged between you and the other drivers or victims and the police;
32. Details of any information or documents you gave the police who attended at the accident;
33. Details of any information or documents you gave the police subsequent to the accident;
34. Details of any information or documents you gave to anyone who attended at the accident;
35. Details of any information or documents you gave to anyone subsequent to the accident;
36. Details of a any charges, tickets or fines given to you by police relating to the accident;
37. Details of a any charges, tickets or fines given to anyone else by police relating to the accident;
38. Copies of any other documents you believe may be relevant;
39. A full written summary of the accident, persons involved and events since the accident such as visits with insurance companies, police, witnesses and health care providers; and
40. Details of any other information you believe may even remotely relevant.
This is not an exhaustive list and disclosure of relevant information and documents is an ongoing process since after an injury you will likely have ongoing relationships with insurers, health care providers and other third parties. The important thing to remember is that you should provide your personal injury lawyer with any information or documents you believe may be even remotely relevant and never delay in providing the disclosure. Your personal injury and accident lawyer can decide if the information or documents is relevant and useful.
For more information on how to facilitate your relationship with your Ottawa accident and personal injury lawyer, contact us at the Ottawa Personal Injury and Accident Lawyer Network by calling 613 315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com, visit us at www.ottawapersonalinjurylawyernetwork.com.
The first meeting with a personal injury lawyer / accident lawyer is quite important. It sets the stage for your ongoing relationship. The more information and documents you bring the better and more productive the initial meeting will be. Your personal injury lawyer will appreciate any effort you make in providing a any important facts about the accident, your injuries and impact on your life and your family’s life.
If you have been injured in an accident such as a car accident, slip and fall, trip and fall or dog bite incident and have suffered injuries as a result, meeting with a personal injury and accident lawyer as soon as possible after the accident is important. As an injured person, relevant legal knowledge can make the difference between obtaining fair compensation or obtaining no compensation at all.
A personal injury and accident lawyer can provide you with all the information you need to make a decision on seeking compensation. Your personal injury lawyer will need to gather information and documents from you to assist them in representing your interests and maximizing your recovery.
You should bring this information and documents with you when you meet your accident lawyer and continue to bring information and documents to your accident lawyer as the case progresses.
This brief article addresses the types of documents and information you generally should bring, if available, to an initial meeting with a personal injury lawyer / accident lawyer. The type of documents and information you bring will depend on the type of accident you were involved in and the nature and types of injuries you have suffered. In general terms, the following is a list of information and documents to bring to your initial meeting with a personal injury lawyer. Note again that you will likely have to bring additional documents and information to the attention of your personal injury lawyer as your case develops:
1. The date, time and location of the accident;
2. Names and addresses of anyone you believe may be responsible for the accident and liable to you for the accident;
3. Two pieces of identification such as a driver’s licence and social insurance card;
4. Your date of birth, municipal address and full contact particulars;
5. The names and dates of birth of your spouse and children as well as their addresses if different from yours;
6. Copy of any applicable insurance policy such as vehicle insurance or home insurance;
7. The name and contact information of your own insurance agent, adjuster or any other insurance representative;
8. The name and contact information of the insurance agent, adjuster or any other insurance representative representing the person responsible for the accident;
9. Copies of any letters or other correspondence or documents exchanged to and from your insurance company, the other party’s insurance company or any other relevant insurance company, agent or adjuster;
10. Details of any oral or written statements you may have given to your insurance company or the other party's insurance company;
11. Any other important dates and times such as the date and time of the accident;
12. The location of the accident;
13. Photographs of the accident site;
14. Photographs of any damage to your car or clothing or other personal or real property;
15. Photographs of your injuries;
16. The names and addresses of the hospital you were taken to immediately after the accident;
17. Confirmation of whether or not you were taken to hospital by ambulance;
18. Copy of any police report provided to you or alternatively if you were not given a police report, the police report or incident number;
19. Names and addresses of any health care provider that has provided care to you;
20. Names and addresses of any health care provider that will provide care to you in the future;
21. The dates that you were taken to any health care provider or hospital and reason for the visit;
22. The names, addresses and telephone numbers of any witnesses to the incident;
23. Copies of any witness statements;
24. Full particulars of your employment or method of earning income such as a business income;
25. Details of all dates you were unable to work due to the accident and your injuries;
26. Details of any benefits you needed to take from work because of inability to work due to the accident and your injuries such as vacation and/or sick leave;
27. Details of any extended health care insurance you have through employment or independently that cover any medical expenses at all;
28. Details of any disability insurance (short term or long term) you have through employment or independently/privately;
29. Copies of any medical bills or invoices;
30. Copies of any bills or invoices for expenses you incurred because of the accident;
31. If your injuries were caused as a result of a car accident, bring any documents relevant to the accident such as any documents exchanged between you and the other drivers or victims and the police;
32. Details of any information or documents you gave the police who attended at the accident;
33. Details of any information or documents you gave the police subsequent to the accident;
34. Details of any information or documents you gave to anyone who attended at the accident;
35. Details of any information or documents you gave to anyone subsequent to the accident;
36. Details of a any charges, tickets or fines given to you by police relating to the accident;
37. Details of a any charges, tickets or fines given to anyone else by police relating to the accident;
38. Copies of any other documents you believe may be relevant;
39. A full written summary of the accident, persons involved and events since the accident such as visits with insurance companies, police, witnesses and health care providers; and
40. Details of any other information you believe may even remotely relevant.
This is not an exhaustive list and disclosure of relevant information and documents is an ongoing process since after an injury you will likely have ongoing relationships with insurers, health care providers and other third parties. The important thing to remember is that you should provide your personal injury lawyer with any information or documents you believe may be even remotely relevant and never delay in providing the disclosure. Your personal injury and accident lawyer can decide if the information or documents is relevant and useful.
For more information on how to facilitate your relationship with your Ottawa accident and personal injury lawyer, contact us at the Ottawa Personal Injury and Accident Lawyer Network by calling 613 315-4878 or 613-315-HURT or by e-mail at mquinn@pqtlaw.com, visit us at www.ottawapersonalinjurylawyernetwork.com.
Saturday, August 7, 2010
Ottawa Accident Lawyers - Accidents and Injuries - Legal Principles - Negligence and Insurance Coverage
Ottawa Accident Lawyers - Accidents and Injuries - Legal Principles - Negligence and Insurance Coverage
In personal injury law, there are a variety of legal principles available to attract negligence onto others. The three main categories of principles used on personal injury law are: general negligence (car accidents, slip and falls, trip and falls), intentional torts (assault and battery) and strict liability torts (nuisances, dog bites and animal attacks). This brief article deals with the principles of “negligence” in the personal injury context.
For the most part, personal injury court actions and claims are based on the principles of negligence. In the normal course of life, individuals, governments and businesses make mistakes and errors which can amount to negligence. In most cases, negligence causes others to suffer injuries which cause losses, damages and pain and suffering which should be compensated. Generally, the persons responsible for the accident (those who were negligent) have liability insurance which covers the losses caused by the acts and omissions of negligence. The types of insurance include general liability policies, commercial liability policies, municipal liability insurance, homeowner’s liability policies, tenant’s liability policies and so on which all cover losses associated with different types of accidents.
In cases where the acts were intentional, such as a battery or assault, insurance does not usually cover the losses associated with the intentional acts. In cases of strict liability such as a dog bite or a nuisance, care must be taken to review the policies of insurance available as not all policies cover damages ad losses caused by strict liability torts.
In negligence claims, the allegations centre around the relationship between the parties. When one party owes a duty to another to take reasonable care to protect the safety of another party and then breaches that duty, they can be held liable for any losses and damages suffered as a consequence of the breach. By way of example, imagine you own a property and you are aware that different persons attend on your property from time to time (mail person, friends, family etc...); you are aware of ice accumulating on your drive way and walk way; you take no steps to remove the ice; someone attends on your property, falls and is injured. As a consequence, under those facts, you would very likely be held liable and will have to pay damages to the injured person. By way of analysis of that fact scenario, the duty is to keep the property reasonably safe, the standard to be applied is to take reasonable steps to remove the ice, failing to do so is the breach of the duty owed and since the injury was caused by the direct breach of the duty owed, liability follows.
There are different defences available when allegations of negligence are made. A review of those defences will be the subject of my next brief article.
Marc-Nicholas Quinn is a partner at the law firm Plant Quinn Thiele Mineault Gridzki PC and founder of the Ottawa Personal Injury Lawyer Network. He is a personal injury lawyer and mediator. He lectures regularly at local educational institutions. He is a member of the Ontario Trial Lawyers Association (OTLA) and the Advocate’s Society. For a free consultation, contact us at 613-315-4878 or 613-315-HURT. No Fee Until You Win retainer agreements.
In personal injury law, there are a variety of legal principles available to attract negligence onto others. The three main categories of principles used on personal injury law are: general negligence (car accidents, slip and falls, trip and falls), intentional torts (assault and battery) and strict liability torts (nuisances, dog bites and animal attacks). This brief article deals with the principles of “negligence” in the personal injury context.
For the most part, personal injury court actions and claims are based on the principles of negligence. In the normal course of life, individuals, governments and businesses make mistakes and errors which can amount to negligence. In most cases, negligence causes others to suffer injuries which cause losses, damages and pain and suffering which should be compensated. Generally, the persons responsible for the accident (those who were negligent) have liability insurance which covers the losses caused by the acts and omissions of negligence. The types of insurance include general liability policies, commercial liability policies, municipal liability insurance, homeowner’s liability policies, tenant’s liability policies and so on which all cover losses associated with different types of accidents.
In cases where the acts were intentional, such as a battery or assault, insurance does not usually cover the losses associated with the intentional acts. In cases of strict liability such as a dog bite or a nuisance, care must be taken to review the policies of insurance available as not all policies cover damages ad losses caused by strict liability torts.
In negligence claims, the allegations centre around the relationship between the parties. When one party owes a duty to another to take reasonable care to protect the safety of another party and then breaches that duty, they can be held liable for any losses and damages suffered as a consequence of the breach. By way of example, imagine you own a property and you are aware that different persons attend on your property from time to time (mail person, friends, family etc...); you are aware of ice accumulating on your drive way and walk way; you take no steps to remove the ice; someone attends on your property, falls and is injured. As a consequence, under those facts, you would very likely be held liable and will have to pay damages to the injured person. By way of analysis of that fact scenario, the duty is to keep the property reasonably safe, the standard to be applied is to take reasonable steps to remove the ice, failing to do so is the breach of the duty owed and since the injury was caused by the direct breach of the duty owed, liability follows.
There are different defences available when allegations of negligence are made. A review of those defences will be the subject of my next brief article.
Marc-Nicholas Quinn is a partner at the law firm Plant Quinn Thiele Mineault Gridzki PC and founder of the Ottawa Personal Injury Lawyer Network. He is a personal injury lawyer and mediator. He lectures regularly at local educational institutions. He is a member of the Ontario Trial Lawyers Association (OTLA) and the Advocate’s Society. For a free consultation, contact us at 613-315-4878 or 613-315-HURT. No Fee Until You Win retainer agreements.
Thursday, August 5, 2010
How long does it take to settle a personal injury case? Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers
How long does it take to settle a personal injury case? Ottawa Accident Lawyers - Ottawa Injury Lawyers - Ottawa Disability Lawyers
This question cannot be answered by your injury lawyer with any accuracy at the beginning stages of a claim. All claims are different and must be considered on their own facts and circumstances. Each person suffers injuries in different ways and the amount of time it takes to recover from an injury is quite different from one person to another. There are numerous factors that affect how people recover from injuries and affect the recovery period.
In straightforward minor injury cases, the time it takes to settle a case from beginning to end, with no dispute over liability, is roughly 8 to 12 months. For more complicated cases of serious and multiple injuries, the time period is anywhere from 12 to 36 months, but most are resolved within 2 years. Catastrophic cases such as serious head injuries, dismemberment or paralysis can take many years to settle.
We recommend negotiating a settlement only when the injuries suffered in an accident are fully known and fully healed. In most cases, we seek an opinion of the treating physician who can confirm the diagnosis, prognosis and full extent of the injuries and impact on the injured person.
It is important not to rush into a settlement prematurely since once a settlement is reached and a release is signed, an injured person can never claim compensation again for the accident, even if the injuries become worse. Fair compensation can only be obtained once all of the facts are known, including all facts pertaining to the injuries and their impact on the injured person’s social, emotional, physical, psychological and economic life.
At Plant Quinn Thiele Mineault Grodzki PC - Ottawa Accident Lawyers, we are not in any hurry to settle cases, we settle only when the time is right. We are concerned about ensuring our client’s future well being and that fair compensation is paid. Contact us for a free consultation at 613-315-4878 / 613-315-HURT. Marc-Nicholas Quinn, Ottawa Accident, Injury and Disability Lawyer. No Fee Until You Win Lawyers
This question cannot be answered by your injury lawyer with any accuracy at the beginning stages of a claim. All claims are different and must be considered on their own facts and circumstances. Each person suffers injuries in different ways and the amount of time it takes to recover from an injury is quite different from one person to another. There are numerous factors that affect how people recover from injuries and affect the recovery period.
In straightforward minor injury cases, the time it takes to settle a case from beginning to end, with no dispute over liability, is roughly 8 to 12 months. For more complicated cases of serious and multiple injuries, the time period is anywhere from 12 to 36 months, but most are resolved within 2 years. Catastrophic cases such as serious head injuries, dismemberment or paralysis can take many years to settle.
We recommend negotiating a settlement only when the injuries suffered in an accident are fully known and fully healed. In most cases, we seek an opinion of the treating physician who can confirm the diagnosis, prognosis and full extent of the injuries and impact on the injured person.
It is important not to rush into a settlement prematurely since once a settlement is reached and a release is signed, an injured person can never claim compensation again for the accident, even if the injuries become worse. Fair compensation can only be obtained once all of the facts are known, including all facts pertaining to the injuries and their impact on the injured person’s social, emotional, physical, psychological and economic life.
At Plant Quinn Thiele Mineault Grodzki PC - Ottawa Accident Lawyers, we are not in any hurry to settle cases, we settle only when the time is right. We are concerned about ensuring our client’s future well being and that fair compensation is paid. Contact us for a free consultation at 613-315-4878 / 613-315-HURT. Marc-Nicholas Quinn, Ottawa Accident, Injury and Disability Lawyer. No Fee Until You Win Lawyers
Wednesday, August 4, 2010
Ottawa Accidents - Children and Injuries in Schools - Ottawa Accident Lawyers
Schools have a significant legal duty to take care to avoid your child having an accident at school. Children are expected to be inquisitive, curious and engage in many activities in school. Children are not fully aware of all the different dangers associated with many of the activities they may be asked to participate in at school. Children are not always able to take proper care of their own safety and the law recognizes that schools must take care to protect children. Schools must take preventative steps to maintain the schools safe from all dangers and must take steps to ensure the safety of all children under their care at all times. The younger your child the more precautions should be taken by the school.
Children may be injured in school using equipment, fall on school grounds, trip and fall at school, be assaulted, be bullied, suffer injuries due to an accident on the bus or school grounds or during a field trip. In many cases, the injuries could have been avoided with proper supervision or preventative steps.
If your child has been injured because of a school's negligence, we can help. Call us for a free consultation at 613-315-HURT. 613-315-4878. Marc-Nicholas Quinn
Children may be injured in school using equipment, fall on school grounds, trip and fall at school, be assaulted, be bullied, suffer injuries due to an accident on the bus or school grounds or during a field trip. In many cases, the injuries could have been avoided with proper supervision or preventative steps.
If your child has been injured because of a school's negligence, we can help. Call us for a free consultation at 613-315-HURT. 613-315-4878. Marc-Nicholas Quinn
Tuesday, August 3, 2010
How to win your car accident case - Ottawa Car Accident Lawyers
How to win your car accident case - Ottawa Car Accident Lawyers
Car accidents cause serious injuries that can have devastating and often long lasting affects on injured persons and their families. Car accidents are more common that you think and they can occur at any time. As a victim of a car accident, you have the right to claim compensation for your injuries from the person at fault for the accident. You have the right to claim accident benefits regardless of fault.
Our advice is to always retain the services of a personal injury and accident lawyer to advance your claim for compensation. A personal injury lawyer can help you gather the evidence needed to prove your case such as the circumstances of the accident, needed medical care evidence and documents substantiating your losses and liability such as police reports, medical reports etc... A personal injury and accident lawyer can also arrange to interview witnesses and obtain witness statements which support your version of the events surrounding the accident. An accident lawyer can also calculate your damages and losses and provide valuable advice on what a good or fair settlement is, having regard to all your circumstances. A reputable and experienced accident lawyer can also negotiate a fair settlement for you and, if settlement negotiations fail, file a court action on your behalf.
If you or someone you love has been injured in a car accident, please do not hesitate to contact us at 613-315-4878 or 613-315-HURT for a free consultation. Ottawa Personal Injury Lawyer Network - No Fee Until You Win. Marc-Nicholas Quinn, Ottawa Car Accident and Injury Lawyer.
Car accidents cause serious injuries that can have devastating and often long lasting affects on injured persons and their families. Car accidents are more common that you think and they can occur at any time. As a victim of a car accident, you have the right to claim compensation for your injuries from the person at fault for the accident. You have the right to claim accident benefits regardless of fault.
Our advice is to always retain the services of a personal injury and accident lawyer to advance your claim for compensation. A personal injury lawyer can help you gather the evidence needed to prove your case such as the circumstances of the accident, needed medical care evidence and documents substantiating your losses and liability such as police reports, medical reports etc... A personal injury and accident lawyer can also arrange to interview witnesses and obtain witness statements which support your version of the events surrounding the accident. An accident lawyer can also calculate your damages and losses and provide valuable advice on what a good or fair settlement is, having regard to all your circumstances. A reputable and experienced accident lawyer can also negotiate a fair settlement for you and, if settlement negotiations fail, file a court action on your behalf.
If you or someone you love has been injured in a car accident, please do not hesitate to contact us at 613-315-4878 or 613-315-HURT for a free consultation. Ottawa Personal Injury Lawyer Network - No Fee Until You Win. Marc-Nicholas Quinn, Ottawa Car Accident and Injury Lawyer.
Wednesday, July 28, 2010
10 things a person who injured you will not tell you. 10 things an insurance company may not tell you - Ask the Expert - Ottawa Personal Injury
10 things a person who injured you will not tell you. 10 things an insurance company may not tell you - Ask the Expert - Ottawa Personal Injury, Accident and Disability Law Firm, Plant Quinn Thiele, Mineault Grodzki PC.
1. If you are injured in any accident, you have the right to sue and seek compensation.
2. If you intend to sue, there are limitation periods that can prevent you from suing and you must therefore start a court action within the set time limits, otherwise, you will forever lose your right to sue and seek compensation.
3. You should consult a lawyer as soon as possible after you are injured. Many personal injury, accident and disability law lawyers offer free consultations and will take on cases on a No Fee Until You Win basis. At the initial meeting, the injury lawyer will explain all of your rights and interests, assess your case, and describe your options relating to your claim.
4. Insurance adjusters, while regulated with standards of practice, work for an insurance company and their job is to investigate claims and obtain evidence that will assist the insurance company to limit or deny claims. Only your personal injury, accident and disability law lawyer will work to protect your rights and work to maximize your recovery. Although insurance companies are government regulated, they are in the end private businesses and their focus is not on paying you compensation.
5. Statements given to insurance adjusters and companies can and will be used against you in a Court action.
6. You can obtain witness statements and talk to all witnesses. You have just as much right as insurance companies to interview witnesses and obtain witness statements.
7. If you are partly at fault for the accident, you can still claim and receive compensation. The amount of compensation may be reduced, but compensation will nonetheless be paid.
8. If you are totally at fault for the accident, you can still obtain some compensation. For instance, in car accidents, regardless of fault you can apply for and receive accident benefits to pay for medical and rehabilitation expenses and receive some lost earnings. Also, many private extended health care plans will pay benefits regardless of fault. Also, disability policies often apply and pay benefits regardless of fault.
9. You do not need to go to Court to receive compensation, most cases settle out of Court.
10. Lawyers charge too much and require down payments. Most personal injury lawyers do not charge for the initial consultation and assessment of your accident case. Also, most personal injury lawyers will take on cases on a No Fee Until You Win basis, meaning that they charge nothing until you win. They receive a percentage of the settlement instead, at the end of the case.
To learn more about how a personal injury lawyer, accident lawyer and disability law lawyer can assist you, contact us at 613-315-4878 or 613-315-HURT. Marc-Nicholas Quinn, Ottawa personal injury lawyer, mediator and law instructor. One phone call can change everything!
1. If you are injured in any accident, you have the right to sue and seek compensation.
2. If you intend to sue, there are limitation periods that can prevent you from suing and you must therefore start a court action within the set time limits, otherwise, you will forever lose your right to sue and seek compensation.
3. You should consult a lawyer as soon as possible after you are injured. Many personal injury, accident and disability law lawyers offer free consultations and will take on cases on a No Fee Until You Win basis. At the initial meeting, the injury lawyer will explain all of your rights and interests, assess your case, and describe your options relating to your claim.
4. Insurance adjusters, while regulated with standards of practice, work for an insurance company and their job is to investigate claims and obtain evidence that will assist the insurance company to limit or deny claims. Only your personal injury, accident and disability law lawyer will work to protect your rights and work to maximize your recovery. Although insurance companies are government regulated, they are in the end private businesses and their focus is not on paying you compensation.
5. Statements given to insurance adjusters and companies can and will be used against you in a Court action.
6. You can obtain witness statements and talk to all witnesses. You have just as much right as insurance companies to interview witnesses and obtain witness statements.
7. If you are partly at fault for the accident, you can still claim and receive compensation. The amount of compensation may be reduced, but compensation will nonetheless be paid.
8. If you are totally at fault for the accident, you can still obtain some compensation. For instance, in car accidents, regardless of fault you can apply for and receive accident benefits to pay for medical and rehabilitation expenses and receive some lost earnings. Also, many private extended health care plans will pay benefits regardless of fault. Also, disability policies often apply and pay benefits regardless of fault.
9. You do not need to go to Court to receive compensation, most cases settle out of Court.
10. Lawyers charge too much and require down payments. Most personal injury lawyers do not charge for the initial consultation and assessment of your accident case. Also, most personal injury lawyers will take on cases on a No Fee Until You Win basis, meaning that they charge nothing until you win. They receive a percentage of the settlement instead, at the end of the case.
To learn more about how a personal injury lawyer, accident lawyer and disability law lawyer can assist you, contact us at 613-315-4878 or 613-315-HURT. Marc-Nicholas Quinn, Ottawa personal injury lawyer, mediator and law instructor. One phone call can change everything!
Tuesday, July 27, 2010
AWARDING COSTS TO THE SELF-REPRESENTED PARTY
AWARDING COSTS TO THE SELF-REPRESENTED PARTY: By Michael Thiele
If a person goes to Court as a self-represented party, either as a defendant or plaintiff, is that person entitled to receive costs if they are successful on the motion or trial? This question is often raised by self-represented persons who are taking the time to act as their own lawyer. For many different reasons, but usually because of the high cost of hiring a lawyer, many persons are forced to represent themselves in Court. Accordingly, they spend a significant amount of time trying to do the work necessary to represent themselves.
For parties who are represented by lawyers, there is a possibility of recovering costs if they are successful in motions or at trial. Costs are discretionary, but the usual rule is that the successful party is entitled to receive costs. The costs are intended to indemnify a party for all or part of the legal fees incurred as well as the disbursements and taxes. The breadth and extent of costs being awarded is beyond the scope of this blog.
Where a person does not have a lawyer, but spends a lot of time working on their case, should they get “costs” in the same way that a party who has a lawyer gets “costs”. The argument for costs is generally that the self represented party has had to do the work that a lawyer had to do and therefore they should be compensated.
In recent years, Courts have recognized that individual self represented parties can receive costs under some circumstances. In fact, there appeared to be a trend to award “nominal” costs to self-represented litigants simply on the presumption that they should get “something” for the clear effort that must have been involved in representing themselves.
This practice of awarding nominal costs to self-represented parties is likely now a thing of the past with the decision in Mustang Investigations v. Ironside, 2010 ONSC 3444 (CanLII) (Div. Crt). In this decision, the Divisional Court reviews some of the recent cost awards to self-represented parties. In this specific case, the Court was considering a $20,000 cost award to a self-represented party and further it considered what would have been a “nominal” award of $5000 in costs to the same party that would have been awarded but for the higher cost award.
In reviewing the caselaw, including appellate authority, the Divisional Court in this case clarifies that costs awards to self-represented parties may only be granted where it is proven that the self-represented party performed the work of a lawyer and that this self-represented party as a result of performing this work also sacrificed other remunerative work---meaning the self-represented party needs to prove that they suffered an opportunity cost as a result of being self-represented.
It is significant to note, that even if a self-represented party establishes that they performed the work of a lawyer, and that they suffered the loss of remunerative work, that the Court directs that the costs awarded to that self-represented party should still be modest and moderate amount for preparing and presenting the case. The direction is clear, that a self-represented party should not have their costs calculated in that same manner as a lawyer.
As a result of this reasoning, the Divisional Court in this case, set aside the award of $20,000 to the self-represented party, and further indicated that the self represented party should not get the nominal costs of $5000.00. In fact, the self-represented party only received, as costs, its disbursements, and zero on account of the work done in representing himself.
For more detailed information see the decision in Mustang Investigations v. Ironside, 2010 ONSC 3444 (CanLII) (Div. Crt).
If a person goes to Court as a self-represented party, either as a defendant or plaintiff, is that person entitled to receive costs if they are successful on the motion or trial? This question is often raised by self-represented persons who are taking the time to act as their own lawyer. For many different reasons, but usually because of the high cost of hiring a lawyer, many persons are forced to represent themselves in Court. Accordingly, they spend a significant amount of time trying to do the work necessary to represent themselves.
For parties who are represented by lawyers, there is a possibility of recovering costs if they are successful in motions or at trial. Costs are discretionary, but the usual rule is that the successful party is entitled to receive costs. The costs are intended to indemnify a party for all or part of the legal fees incurred as well as the disbursements and taxes. The breadth and extent of costs being awarded is beyond the scope of this blog.
Where a person does not have a lawyer, but spends a lot of time working on their case, should they get “costs” in the same way that a party who has a lawyer gets “costs”. The argument for costs is generally that the self represented party has had to do the work that a lawyer had to do and therefore they should be compensated.
In recent years, Courts have recognized that individual self represented parties can receive costs under some circumstances. In fact, there appeared to be a trend to award “nominal” costs to self-represented litigants simply on the presumption that they should get “something” for the clear effort that must have been involved in representing themselves.
This practice of awarding nominal costs to self-represented parties is likely now a thing of the past with the decision in Mustang Investigations v. Ironside, 2010 ONSC 3444 (CanLII) (Div. Crt). In this decision, the Divisional Court reviews some of the recent cost awards to self-represented parties. In this specific case, the Court was considering a $20,000 cost award to a self-represented party and further it considered what would have been a “nominal” award of $5000 in costs to the same party that would have been awarded but for the higher cost award.
In reviewing the caselaw, including appellate authority, the Divisional Court in this case clarifies that costs awards to self-represented parties may only be granted where it is proven that the self-represented party performed the work of a lawyer and that this self-represented party as a result of performing this work also sacrificed other remunerative work---meaning the self-represented party needs to prove that they suffered an opportunity cost as a result of being self-represented.
It is significant to note, that even if a self-represented party establishes that they performed the work of a lawyer, and that they suffered the loss of remunerative work, that the Court directs that the costs awarded to that self-represented party should still be modest and moderate amount for preparing and presenting the case. The direction is clear, that a self-represented party should not have their costs calculated in that same manner as a lawyer.
As a result of this reasoning, the Divisional Court in this case, set aside the award of $20,000 to the self-represented party, and further indicated that the self represented party should not get the nominal costs of $5000.00. In fact, the self-represented party only received, as costs, its disbursements, and zero on account of the work done in representing himself.
For more detailed information see the decision in Mustang Investigations v. Ironside, 2010 ONSC 3444 (CanLII) (Div. Crt).
Ask the Injury Expert - Is it true that the vast majority of personal injury cases are settled?
Is it true that the vast majority of personal injury cases are settled?
Yes. The great majority of personal injury and accident claims are settled without requiring a trial. In fact, most cases are settled without even having to initiate legal proceedings or even ever stepping foot into Court. Litigation is very expensive, time consuming, stressful and involves significant risk financially. In most cases, with fair compromises, it is in every parties best interest to settle the claim out of Court.
When your case is settled, it will include compensation for all of your damages such as pain and suffering, income loss, out of pocket expenses, medical expenses etc... Settlements of personal injury claims, like most settlements, are final and legally binding agreements. They are final in that once a release is signed, an injured person can never claim compensation again in relation to the accident and injuries suffered as a result thereof.
If you have been injured in an accident, you may be entitled to compensation. At Plant Quinn Thiele Mineault Grodzki PC, we will assess and evaluate your injury case free of charge and let you know your rights and interests. We will give you options and tell you how to exercise them. We will take on your case on a No Fee Until You Win basis.
There are time limits which apply to every claim in Ontario and you should never delay in consulting a lawyer. You can contact us anytime by calling 613-315-HURT or by e-mail mquinn@pqtlaw.com for assistance.
At Plant Quinn Thiele Mineault Grodzki PC, we will:
1. Help you identify and establish your legal rights and entitlements.
2. Assess your case and let you know if you have a good case.
3. Assist in determining if someone was negligent in causing you injuries.
4. Review and obtain the evidence needed to prove your case.
5. Hire and refer you to needed medical and non medical experts.
6. Take any and all steps needed to obtaining compensation for you.
7. Examine and obtain a full list of all your claims, with needed supporting documents.
8. Prepare your claim to start the negotiation process to obtain a settlement with the insurance company.
9. Negotiate with the insurance company involved and settle your claim for fair and reasonable compensation.
It is important that you know your rights by calling us at 613-315-HURT / 613-315-4878 or e-mail us at mquinn@pqtlaw.com. One call can make a significant difference to your claim.
Yes. The great majority of personal injury and accident claims are settled without requiring a trial. In fact, most cases are settled without even having to initiate legal proceedings or even ever stepping foot into Court. Litigation is very expensive, time consuming, stressful and involves significant risk financially. In most cases, with fair compromises, it is in every parties best interest to settle the claim out of Court.
When your case is settled, it will include compensation for all of your damages such as pain and suffering, income loss, out of pocket expenses, medical expenses etc... Settlements of personal injury claims, like most settlements, are final and legally binding agreements. They are final in that once a release is signed, an injured person can never claim compensation again in relation to the accident and injuries suffered as a result thereof.
If you have been injured in an accident, you may be entitled to compensation. At Plant Quinn Thiele Mineault Grodzki PC, we will assess and evaluate your injury case free of charge and let you know your rights and interests. We will give you options and tell you how to exercise them. We will take on your case on a No Fee Until You Win basis.
There are time limits which apply to every claim in Ontario and you should never delay in consulting a lawyer. You can contact us anytime by calling 613-315-HURT or by e-mail mquinn@pqtlaw.com for assistance.
At Plant Quinn Thiele Mineault Grodzki PC, we will:
1. Help you identify and establish your legal rights and entitlements.
2. Assess your case and let you know if you have a good case.
3. Assist in determining if someone was negligent in causing you injuries.
4. Review and obtain the evidence needed to prove your case.
5. Hire and refer you to needed medical and non medical experts.
6. Take any and all steps needed to obtaining compensation for you.
7. Examine and obtain a full list of all your claims, with needed supporting documents.
8. Prepare your claim to start the negotiation process to obtain a settlement with the insurance company.
9. Negotiate with the insurance company involved and settle your claim for fair and reasonable compensation.
It is important that you know your rights by calling us at 613-315-HURT / 613-315-4878 or e-mail us at mquinn@pqtlaw.com. One call can make a significant difference to your claim.
Monday, July 26, 2010
Accidents Ottawa Retail Stores - If I am injured in a public place, can I sue and receive compensation?
If I am injured in a public place, can I sue and receive compensation?
Injuries caused by accidents in the public places such as retail establishments, shops, stores, shopping centers, malls, restaurants and other public property have special considerations in terms of the applicable law. For instance, the standard is different if you have been injured on municipal property such as sidewalks or roads. It is more difficult to find a municipality liable than a retail store owner for example. The governing statute for retail establishments and businesses is the Occupier’s Liability Act.
All public locations such as stores, business premises, offices, retail establishments, shopping centers, etc... are required to be safe and reasonable steps must be taken to ensure the safety of people using the premises. For instance, the premises must be free from any type of slipping or tripping hazards, there should be proper lighting and security and a regular system of maintenance must be in place. Owners, occupiers and managers of public places have a positive responsibility to ensure that appropriate and adequate monitoring, maintenance, cleaning and reparation processes are in place and that the system and processes in place are reasonable.
Amy danger such as obstacles in aisles, fallen objects, a wet floor due to spillage, uneven surfaces, non completed repairs or needed cleaning must have a proper sign that is visible so as to alert the public of the danger and hazard. In many cases, having a sign is not enough, the danger or hazard must be actually removed.
If you have suffered an injury as a result of an accident in a store or business, you may be entitled to advance a personal injury claim and we can help. We offer free legal advice and work on a No Fee Until You Win basis. Give us a call at 613-315-4878 / 613-315-HURT and we will be happy to discuss the matter with you free of charge. Ottawa Accident Lawyers. Marc-Nicholas Quinn.
Injuries caused by accidents in the public places such as retail establishments, shops, stores, shopping centers, malls, restaurants and other public property have special considerations in terms of the applicable law. For instance, the standard is different if you have been injured on municipal property such as sidewalks or roads. It is more difficult to find a municipality liable than a retail store owner for example. The governing statute for retail establishments and businesses is the Occupier’s Liability Act.
All public locations such as stores, business premises, offices, retail establishments, shopping centers, etc... are required to be safe and reasonable steps must be taken to ensure the safety of people using the premises. For instance, the premises must be free from any type of slipping or tripping hazards, there should be proper lighting and security and a regular system of maintenance must be in place. Owners, occupiers and managers of public places have a positive responsibility to ensure that appropriate and adequate monitoring, maintenance, cleaning and reparation processes are in place and that the system and processes in place are reasonable.
Amy danger such as obstacles in aisles, fallen objects, a wet floor due to spillage, uneven surfaces, non completed repairs or needed cleaning must have a proper sign that is visible so as to alert the public of the danger and hazard. In many cases, having a sign is not enough, the danger or hazard must be actually removed.
If you have suffered an injury as a result of an accident in a store or business, you may be entitled to advance a personal injury claim and we can help. We offer free legal advice and work on a No Fee Until You Win basis. Give us a call at 613-315-4878 / 613-315-HURT and we will be happy to discuss the matter with you free of charge. Ottawa Accident Lawyers. Marc-Nicholas Quinn.
Sunday, July 25, 2010
What’s Different About the Ottawa Personal Injury Lawyer Network, lawyers of Plant Quinn Thiele Mineault Grodzki PC, Ottawa injury lawyers?
What’s Different About the Ottawa Personal Injury Lawyer Network, lawyers of Plant Quinn Thiele Mineault Grodzki PC, Ottawa injury, accident and disability lawyers?
The Ottawa Personal Injury Lawyer Network, made up of lawyers of Plant Quinn Thiele Mineault Grodzki PC, Ottawa injury, accident and disability lawyers is recognized in the community as being a strong player in handling personal injury cases. We handle all types of personal injury, accident and disability cases and have made it our business to protect the rights and interests of persons injured in an accident in Ontario. We offer case analysis, negotiation and representation in all aspects of personal injury, accident and disability law cases. We handle a broad range of injuries from the small to the catastrophic.
At the Ottawa Personal Injury Lawyer Network, we understand that suffering a personal injury can affect every aspect of a person’s life, including their family and there are often devastating, permanent and unforeseen consequences on the lives of injured victims and their family. Suffering a physical injury causes pain; we understand that pain is just a fraction of the distress caused by injury, injuries or disability. We consider the mental, emotional and psychological issues that arise out of suffering an injury. We consider the immediate impact on an injured person’s life and also review the long term effects which often continue for months, years and sometimes are permanent.
So that all aspects of a personal injury case has been fully analysed and considered, we work as a team and every file is reviewed by two lawyers and at least one law clerk. We provide comprehensive services to individuals injured in accidents such as motor vehicle accidents, slip and falls, trip and falls, product liability cases, dog bites, professional negligence and any other kind of case involving the negligence of someone else such as a property owner or occupier, irresponsible dog owner or careless driver. We assist people with a wide variety of insurance issues, including claims, denied claims, fire losses, car losses, accident and disability cases.
As part of our service, we offer free consultations and we take on cases on a No Fee Until You Win basis (we do not charge a fee until you win the case - if you don’t win, we do not charge any fees). We commit to reviewing and addressing every aspect of the case and while our injured clients are recovering, we are hard at work, conducting legal research, gathering evidence, obtaining witness statement, viewing the site of the accident, taking photographs, obtaining medical records, hiring medical and non medical experts needed, dealing with insurers and insurance adjusters and their lawyers and we ultimately work towards obtaining a settlement which provides fair and reasonable compensation; if the insurer or person responsible for the accident will not pay fair compensation, we will take the matter to trial.
If you or someone you care about has been injured in an accident, contact us for a free assessment of the case. Call Marc Quinn at 613-315-HURT / 613-315-4878 or e-mail us at mquinn@pqtlaw.com.
The Ottawa Personal Injury Lawyer Network, made up of lawyers of Plant Quinn Thiele Mineault Grodzki PC, Ottawa injury, accident and disability lawyers is recognized in the community as being a strong player in handling personal injury cases. We handle all types of personal injury, accident and disability cases and have made it our business to protect the rights and interests of persons injured in an accident in Ontario. We offer case analysis, negotiation and representation in all aspects of personal injury, accident and disability law cases. We handle a broad range of injuries from the small to the catastrophic.
At the Ottawa Personal Injury Lawyer Network, we understand that suffering a personal injury can affect every aspect of a person’s life, including their family and there are often devastating, permanent and unforeseen consequences on the lives of injured victims and their family. Suffering a physical injury causes pain; we understand that pain is just a fraction of the distress caused by injury, injuries or disability. We consider the mental, emotional and psychological issues that arise out of suffering an injury. We consider the immediate impact on an injured person’s life and also review the long term effects which often continue for months, years and sometimes are permanent.
So that all aspects of a personal injury case has been fully analysed and considered, we work as a team and every file is reviewed by two lawyers and at least one law clerk. We provide comprehensive services to individuals injured in accidents such as motor vehicle accidents, slip and falls, trip and falls, product liability cases, dog bites, professional negligence and any other kind of case involving the negligence of someone else such as a property owner or occupier, irresponsible dog owner or careless driver. We assist people with a wide variety of insurance issues, including claims, denied claims, fire losses, car losses, accident and disability cases.
As part of our service, we offer free consultations and we take on cases on a No Fee Until You Win basis (we do not charge a fee until you win the case - if you don’t win, we do not charge any fees). We commit to reviewing and addressing every aspect of the case and while our injured clients are recovering, we are hard at work, conducting legal research, gathering evidence, obtaining witness statement, viewing the site of the accident, taking photographs, obtaining medical records, hiring medical and non medical experts needed, dealing with insurers and insurance adjusters and their lawyers and we ultimately work towards obtaining a settlement which provides fair and reasonable compensation; if the insurer or person responsible for the accident will not pay fair compensation, we will take the matter to trial.
If you or someone you care about has been injured in an accident, contact us for a free assessment of the case. Call Marc Quinn at 613-315-HURT / 613-315-4878 or e-mail us at mquinn@pqtlaw.com.
Friday, July 23, 2010
Slip and Fall Accidents / Property Liability Claims / Owner or Occupier Liability Claims / Ottawa Injury, Accident and Disability Lawyers
Slip and Fall Accidents / Property Liability Claims / Owner or Occupier Liability Claims / Ottawa Injury, Accident and Disability Lawyers
If you are a visitor, tenant, customer or any other person who is injured on someone else’s property, you have the right to seek compensation provided you can prove negligence and/or breach of contract. If you have been injured because of a negligent property owner, property occupier, negligent landlord or negligent business owner, you have the right to claim compensation.
Property owners and occupiers owe a duty to anyone entering onto their property to take reasonable steps to ensure the security and safety of those who attend their property. Property owners and occupiers must ensure the property is safe and they must take steps to warn of known safety hazards and dangers and also to regularly maintain and inspect their property to ensure it is safe. In Ontario, the primary law that applies is the Occupier’s Liability Act which provides that an injured person has the legal right to compensation if injured due to the negligence of a property owner or occupier who have breached the reasonable standard of a property owner to keep their property safe.
At Plant Quinn Thiele Mineault Grodzki PC, we have built a solid reputation for achieving great results for our clients who have been injured in property liability cases, be it a slip and fall, trip and fall, lack of security, assaults, unsafe premises etc. Other lawyers in our community who do not specialize in personal injury cases refer their clients to us. We specialize in personal injury, accident and disability case.
We have a team of personal injury, accident and disability lawyers, paralegals and law clerks who focus on obtaining compensation for injured persons injured due to accidents. Our lawyers will meet with you free of charge and put you at ease about dealing with a lawyer. Our lawyers will explain, in plain English, French, Polish, Croatian or German, the legal process, review your case and give you options on your personal injury, accident or disability case so that you can make an informed decision on whether or not to pursue compensation. If you choose to pursue the case, we will handle every step and work on a No Fee Until You Win basis.
Whether your case is a slip, trip or stumble case (whatever the case such as slippery surfaces, broken steps, uneven steps or surfaces, dangerous sidewalks, uneven landings or stairways, standing water, ice, snow, mud, spillages, inadequate lighting, disrepair, general hazards etc...) causing a fall and injuries, a car accident, dog bite, or other type of accident resulting in injuries caused by the carelessness or negligence of others, we can assist you. If your injury was caused by the negligence of someone else, we will give you valuable information on your rights and interests. The negligence can be anything from lack of maintaining the property to reasonable standards of safety, failure to warn of hazards and dangers, failure to take precautions to keep people safe from hazards and dangers or ignoring hazardous conditions, we can pursue a case for compensation for you.
At Plant Quinn Thiele Mineault Grodzki PC, we have technologically advanced offices, using the latest in software to assist our clients. If you are injured and unable to travel to one of our offices, we will come to you and explain your rights, free of charge.
If you or someone you care about was injured on property owned or maintained by someone else who was careless or negligent, let us help. Contact us at 613-315-HURT or 613-315-4878. Ottawa slip and fall, trip and fall, property liability lawyers. Marc-Nicholas Quinn, Injury Lawyer.
If you are a visitor, tenant, customer or any other person who is injured on someone else’s property, you have the right to seek compensation provided you can prove negligence and/or breach of contract. If you have been injured because of a negligent property owner, property occupier, negligent landlord or negligent business owner, you have the right to claim compensation.
Property owners and occupiers owe a duty to anyone entering onto their property to take reasonable steps to ensure the security and safety of those who attend their property. Property owners and occupiers must ensure the property is safe and they must take steps to warn of known safety hazards and dangers and also to regularly maintain and inspect their property to ensure it is safe. In Ontario, the primary law that applies is the Occupier’s Liability Act which provides that an injured person has the legal right to compensation if injured due to the negligence of a property owner or occupier who have breached the reasonable standard of a property owner to keep their property safe.
At Plant Quinn Thiele Mineault Grodzki PC, we have built a solid reputation for achieving great results for our clients who have been injured in property liability cases, be it a slip and fall, trip and fall, lack of security, assaults, unsafe premises etc. Other lawyers in our community who do not specialize in personal injury cases refer their clients to us. We specialize in personal injury, accident and disability case.
We have a team of personal injury, accident and disability lawyers, paralegals and law clerks who focus on obtaining compensation for injured persons injured due to accidents. Our lawyers will meet with you free of charge and put you at ease about dealing with a lawyer. Our lawyers will explain, in plain English, French, Polish, Croatian or German, the legal process, review your case and give you options on your personal injury, accident or disability case so that you can make an informed decision on whether or not to pursue compensation. If you choose to pursue the case, we will handle every step and work on a No Fee Until You Win basis.
Whether your case is a slip, trip or stumble case (whatever the case such as slippery surfaces, broken steps, uneven steps or surfaces, dangerous sidewalks, uneven landings or stairways, standing water, ice, snow, mud, spillages, inadequate lighting, disrepair, general hazards etc...) causing a fall and injuries, a car accident, dog bite, or other type of accident resulting in injuries caused by the carelessness or negligence of others, we can assist you. If your injury was caused by the negligence of someone else, we will give you valuable information on your rights and interests. The negligence can be anything from lack of maintaining the property to reasonable standards of safety, failure to warn of hazards and dangers, failure to take precautions to keep people safe from hazards and dangers or ignoring hazardous conditions, we can pursue a case for compensation for you.
At Plant Quinn Thiele Mineault Grodzki PC, we have technologically advanced offices, using the latest in software to assist our clients. If you are injured and unable to travel to one of our offices, we will come to you and explain your rights, free of charge.
If you or someone you care about was injured on property owned or maintained by someone else who was careless or negligent, let us help. Contact us at 613-315-HURT or 613-315-4878. Ottawa slip and fall, trip and fall, property liability lawyers. Marc-Nicholas Quinn, Injury Lawyer.
Tuesday, July 20, 2010
Accidents and Fractures - Types of Fractures and Compensation - Ottawa Bone Break Lawyers
Accidents and Fractures - Types of Fractures and Compensation
A bone fracture is a medical condition in which there is a break in the continuity in the bone. Fractures occur from a variety of accidents. They can occur as a result of a slip and fall, trip and fall, assault, car accident, automobile accident, work accident, sporting accident and any other type of accident where unusual force is applied against the body. In many cases fractures occur with associated injuries such as soft tissue injuries, lacerations, bruising and ligament injuries. In cases of accidents causing fractures, the recovery process can be quite long and the pain significant. Some fractures cause prolonged, severe and permanent disability and chronic pain requiring a variety of health treatments. Fractures can occur to any bone in the body, including arms, legs, hands, feet, wrists, collar bone, skull, shoulder, hip, ribs, spine and so on. Fractures - broken bones often take many months to heal. The amount of time depends on the type of fracture, the severity of the fracture and whether there are associated injuries requiring healing as well. In many cases, fractures require surgery and ongoing physical therapy and rehabilitation such as physiotherapy to allow the bones to heal completely and properly.
There are various types of fractures, including:
1. Simple fractures, where a bone is broken in one place, but the skin is not damaged;
2. Compound fractures, where the skin is broken by the bone - bones are driven into each other;
3. Transverse fracture, where the bone is broken at a right angle to the bone’s long axis;
4. Oblique fracture, where the bone is broken diagonal to the bone’s long axis
5. Comminuted fracture, where the broken bone results in a number of bone fragments;
6. Complete fracture, where the broken bone fragments separate completely;
7. Spiral fracture, where at least one part of the bone has been twisted;
8. Incomplete fracture, where the bone fracture are still partially joined;
9. Linear Fracture, where the fracture that is parallel to the bone’s long axis; and
10. Greenstick fracture, where one side of the bone is broken, causing a bend in the bone.
Like any injury, if you have suffered a fracture or broken bone as a result of someone else’s negligence, you may be entitled to significant compensation. The amount of the compensation will depend on the total impact physically, emotionally, mentally and financially the fracture has caused the individual person and their family. Factors such as type of fracture, severity of fracture, amount of fractures, associated injuries, surgical intervention, length of time to recover, types of expenses incurred, type of treatments needed are some of the things we consider when assessing the value of a fracture - broken bone case.
At Plant Quinn Thiele Mineault Grodzki PC, Ottawa Accident Lawyers, we assist victims of injuries and explain to our clients their rights and interests, including the right to pursue compensation for all types of damages and expenses such as pain and suffering, medical bills, loss of income and other types of suffering and expenses. At the law firm of Plant Quinn Thiele Mineault Grodzki PC, our Ottawa accident lawyers provide experienced personal injury representation. We will fight to ensure that you receive the compensation you need to recover from the injuries you suffered.
If you have suffered a fracture - broken bone as the result of an accident, contact us for a free consultation at 613-315-HURT or 613-315-4878.
A bone fracture is a medical condition in which there is a break in the continuity in the bone. Fractures occur from a variety of accidents. They can occur as a result of a slip and fall, trip and fall, assault, car accident, automobile accident, work accident, sporting accident and any other type of accident where unusual force is applied against the body. In many cases fractures occur with associated injuries such as soft tissue injuries, lacerations, bruising and ligament injuries. In cases of accidents causing fractures, the recovery process can be quite long and the pain significant. Some fractures cause prolonged, severe and permanent disability and chronic pain requiring a variety of health treatments. Fractures can occur to any bone in the body, including arms, legs, hands, feet, wrists, collar bone, skull, shoulder, hip, ribs, spine and so on. Fractures - broken bones often take many months to heal. The amount of time depends on the type of fracture, the severity of the fracture and whether there are associated injuries requiring healing as well. In many cases, fractures require surgery and ongoing physical therapy and rehabilitation such as physiotherapy to allow the bones to heal completely and properly.
There are various types of fractures, including:
1. Simple fractures, where a bone is broken in one place, but the skin is not damaged;
2. Compound fractures, where the skin is broken by the bone - bones are driven into each other;
3. Transverse fracture, where the bone is broken at a right angle to the bone’s long axis;
4. Oblique fracture, where the bone is broken diagonal to the bone’s long axis
5. Comminuted fracture, where the broken bone results in a number of bone fragments;
6. Complete fracture, where the broken bone fragments separate completely;
7. Spiral fracture, where at least one part of the bone has been twisted;
8. Incomplete fracture, where the bone fracture are still partially joined;
9. Linear Fracture, where the fracture that is parallel to the bone’s long axis; and
10. Greenstick fracture, where one side of the bone is broken, causing a bend in the bone.
Like any injury, if you have suffered a fracture or broken bone as a result of someone else’s negligence, you may be entitled to significant compensation. The amount of the compensation will depend on the total impact physically, emotionally, mentally and financially the fracture has caused the individual person and their family. Factors such as type of fracture, severity of fracture, amount of fractures, associated injuries, surgical intervention, length of time to recover, types of expenses incurred, type of treatments needed are some of the things we consider when assessing the value of a fracture - broken bone case.
At Plant Quinn Thiele Mineault Grodzki PC, Ottawa Accident Lawyers, we assist victims of injuries and explain to our clients their rights and interests, including the right to pursue compensation for all types of damages and expenses such as pain and suffering, medical bills, loss of income and other types of suffering and expenses. At the law firm of Plant Quinn Thiele Mineault Grodzki PC, our Ottawa accident lawyers provide experienced personal injury representation. We will fight to ensure that you receive the compensation you need to recover from the injuries you suffered.
If you have suffered a fracture - broken bone as the result of an accident, contact us for a free consultation at 613-315-HURT or 613-315-4878.
Accidents in Ottawa Ontario - When should I consider hiring a lawyer if I have been dealing with my injury case on my own?
When should I consider hiring a lawyer if I have been dealing with my injury case on my own?
If you have been handling your personal injury case on your own, you should know that, chances are, you are not fully informed of all your rights and interests. You may be negotiating a settlement for an amount which is lower than you are entitled to receive. Without a lawyer, you are taking some risks in agreeing to a settlement which is potentially unfair.
Our law firm does not charge for consultations so you can meet with one of our lawyers free of charge and ask questions about your case. We can assess your case and give you advice on what we think is a fair settlement. You can then decide if you want to hire our personal injury law firm to pursue your remedies.
In every personal injury,. accident or disability case, we suggest you hire a lawyer. If any of the following circumstances occur while you are handling your own personal injury, accident or disability case, we suggest you consult and retain a personal injury lawyer.
1. You do not understand the documents the insurance company has given you;
2. Your claim has been rejected by the insurance company;
3. Your claim has been unpaid by the insurance company;
4. The settlement seems low to you;
5. The insurance company is ignoring you;
6. The insurance company wants you to see health care providers they have selected;
7. The insurance company wants you to sign a document such as forms or a statement;
8. The insurance company wants a sworn statement from you;
9. The insurance company wants to orally record or videotape a statement from you;
10. The insurance company is seeking documents from you or other people involved in your life such as your family, health care providers, employer etc...
11. The insurance company has surveillance on you;
12. The insurance company is obtaining statements from witnesses;
13. Your injuries seem to be permanent;
14. Your gut feeling is something is wrong; or
15. You are confused or not knowledgeable about the process or simply want to know your rights and interests.
Warning!! Every case has a limitation period, after which you will be forever barred from ever claiming damages from the person responsible for your injuries. The limitation periods are amended by statute from time to time.
At Plant Quinn Thiele Mineault Grodzki, Ottawa Accident Lawyers, Ottawa Personal Injury Lawyers, Ottawa Disability Lawyers, we provide free consultations and take cases on a contingency fee basis meaning we charge no fee until we win your case. Call us at 613-315-4878.
If you have been handling your personal injury case on your own, you should know that, chances are, you are not fully informed of all your rights and interests. You may be negotiating a settlement for an amount which is lower than you are entitled to receive. Without a lawyer, you are taking some risks in agreeing to a settlement which is potentially unfair.
Our law firm does not charge for consultations so you can meet with one of our lawyers free of charge and ask questions about your case. We can assess your case and give you advice on what we think is a fair settlement. You can then decide if you want to hire our personal injury law firm to pursue your remedies.
In every personal injury,. accident or disability case, we suggest you hire a lawyer. If any of the following circumstances occur while you are handling your own personal injury, accident or disability case, we suggest you consult and retain a personal injury lawyer.
1. You do not understand the documents the insurance company has given you;
2. Your claim has been rejected by the insurance company;
3. Your claim has been unpaid by the insurance company;
4. The settlement seems low to you;
5. The insurance company is ignoring you;
6. The insurance company wants you to see health care providers they have selected;
7. The insurance company wants you to sign a document such as forms or a statement;
8. The insurance company wants a sworn statement from you;
9. The insurance company wants to orally record or videotape a statement from you;
10. The insurance company is seeking documents from you or other people involved in your life such as your family, health care providers, employer etc...
11. The insurance company has surveillance on you;
12. The insurance company is obtaining statements from witnesses;
13. Your injuries seem to be permanent;
14. Your gut feeling is something is wrong; or
15. You are confused or not knowledgeable about the process or simply want to know your rights and interests.
Warning!! Every case has a limitation period, after which you will be forever barred from ever claiming damages from the person responsible for your injuries. The limitation periods are amended by statute from time to time.
At Plant Quinn Thiele Mineault Grodzki, Ottawa Accident Lawyers, Ottawa Personal Injury Lawyers, Ottawa Disability Lawyers, we provide free consultations and take cases on a contingency fee basis meaning we charge no fee until we win your case. Call us at 613-315-4878.
Monday, July 19, 2010
My lawyer wants me to take notes and keep a diary of my injuries and my recovery, why? Ottawa accident lawyers
My lawyer wants me to take notes and keep a diary of my injuries and my recovery, why?
This is a complex issue because of the evidentiary issues that arise from keeping any notes or a diary. You will receive different views on this issue from lawyers who tend to disagree on whether it is a good idea to keep notes and a diary. In some cases, you may be required to provide the opposing lawyer (the insurance company’s lawyer) the notes you kept. The notes, like other evidence, can be used in Court to contradict anything you say orally in Court. For instance to point out that your oral statement in court during examination is different from your notes. In other words, you can be cross-examined on your notes.
As personal injury lawyers, we can assist you in how to keep notes that may be kept confidential under legal doctrines called “litigation privilege” and “solicitor client privilege”. Litigation privilege is a type of immunity given for certain statements taken in connection with the pursuit of litigation. It generally covers such things as retaining expert reports and the privilege may be qualified or absolute. Solicitor client privilege is a common law principle which protects all communications between a lawyer and his or her client from being disclosed to anyone without the permission of the client.
Some tips in keeping notes. Your notes and diary should be prepared on the request of your lawyer. Your diary and notes should be addressed to your lawyer. This will assist in claiming privilege over the notes and diary. Also, your health care providers keep notes arising from visits with you. You should make sure that you let them know that their notes are important because you are involved in a personal injury matter and the notes could be used in Court. You should always tell your health are providers about your injuries, symptoms and how it is affecting your life, so that they can keep notes of what you said and then make comments on what their findings are after meeting with you. For instance, you mention that you are in great pain and the health care provider can complete an assessment which confirms the pain and then document it.
For a free consultation on any personal injury issue, contact us at 613-315-HURT or 613-315-4878, Ottawa Accident and Injury Lawyers - Plant Quinn Thiele Mineault Grodzki, PC.
This is a complex issue because of the evidentiary issues that arise from keeping any notes or a diary. You will receive different views on this issue from lawyers who tend to disagree on whether it is a good idea to keep notes and a diary. In some cases, you may be required to provide the opposing lawyer (the insurance company’s lawyer) the notes you kept. The notes, like other evidence, can be used in Court to contradict anything you say orally in Court. For instance to point out that your oral statement in court during examination is different from your notes. In other words, you can be cross-examined on your notes.
As personal injury lawyers, we can assist you in how to keep notes that may be kept confidential under legal doctrines called “litigation privilege” and “solicitor client privilege”. Litigation privilege is a type of immunity given for certain statements taken in connection with the pursuit of litigation. It generally covers such things as retaining expert reports and the privilege may be qualified or absolute. Solicitor client privilege is a common law principle which protects all communications between a lawyer and his or her client from being disclosed to anyone without the permission of the client.
Some tips in keeping notes. Your notes and diary should be prepared on the request of your lawyer. Your diary and notes should be addressed to your lawyer. This will assist in claiming privilege over the notes and diary. Also, your health care providers keep notes arising from visits with you. You should make sure that you let them know that their notes are important because you are involved in a personal injury matter and the notes could be used in Court. You should always tell your health are providers about your injuries, symptoms and how it is affecting your life, so that they can keep notes of what you said and then make comments on what their findings are after meeting with you. For instance, you mention that you are in great pain and the health care provider can complete an assessment which confirms the pain and then document it.
For a free consultation on any personal injury issue, contact us at 613-315-HURT or 613-315-4878, Ottawa Accident and Injury Lawyers - Plant Quinn Thiele Mineault Grodzki, PC.
Sunday, July 18, 2010
Ask an Ottawa Accident Lawyer, What is a personal injury insurance adjuster and should I talk to them?
What is a personal injury insurance adjuster and should I talk to them?
A personal injury adjuster is an insurance company employee or insurance representative hired by the insurance company who is assigned responsibility to investigate and assess insurance claims. An adjuster also determines if a payment should be made under an insurance claim. In most cases, the insurance company will appoint an adjuster who will handle the entire insurance claim and deal with your personal injury lawyer directly. If the claim is not settled, the insurer then appoints a lawyer (defence counsel) who then works with the adjuster to either settle the claim in negotiations with your personal injury lawyer or proceed to a trial.
Adjusters are regulated professionals and must adhere to a set code of ethics and conduct, meaning they must act honestly and fairly. However, you should know that the main goal of the personal injury adjuster is to protect the interests of the insurance company. Adjusters will assess and pay compensation for legitimate claims but, like any business, adjusters will do what they can to pay the least possible. In determining if a claim should be paid, the adjuster will review the evidence, discuss the facts with their insured and person claiming compensation, interview witnesses, obtain witness statements, obtain relevant documents, assess the proper value of claims, negotiate a settlement with a personal injury lawyer or refer the matter to defence counsel.
Because the insurance adjuster does not work for you, you should be mindful that the adjuster may want to do things that benefit the insurance company to your detriment. For instance, insurance adjusters may not advise you of your rights and interests, will not represent your interests, will want a written or oral statement from you (which can be used against you in a court of law) and will want to minimize the compensation paid.
In our experience, hiring a personal injury lawyer almost always results in our client receiving much more in compensation, even after our bill, than the adjuster was willing to give in the absence of a lawyer being involved. We often see unrepresented clients receive offers from adjusters which are far too low and settlements which results in underpaid claims.
If you have an ongoing accident or injury claim and are dealing with an adjuster, you would benefit from consulting and retaining a personal injury lawyer. Contact us at 613-315-HURT or 613-315-4878, Ottawa Personal Injury Lawyers, Accident Lawyers and Disability Lawyers. Plant Quinn Thiele LLP.
A personal injury adjuster is an insurance company employee or insurance representative hired by the insurance company who is assigned responsibility to investigate and assess insurance claims. An adjuster also determines if a payment should be made under an insurance claim. In most cases, the insurance company will appoint an adjuster who will handle the entire insurance claim and deal with your personal injury lawyer directly. If the claim is not settled, the insurer then appoints a lawyer (defence counsel) who then works with the adjuster to either settle the claim in negotiations with your personal injury lawyer or proceed to a trial.
Adjusters are regulated professionals and must adhere to a set code of ethics and conduct, meaning they must act honestly and fairly. However, you should know that the main goal of the personal injury adjuster is to protect the interests of the insurance company. Adjusters will assess and pay compensation for legitimate claims but, like any business, adjusters will do what they can to pay the least possible. In determining if a claim should be paid, the adjuster will review the evidence, discuss the facts with their insured and person claiming compensation, interview witnesses, obtain witness statements, obtain relevant documents, assess the proper value of claims, negotiate a settlement with a personal injury lawyer or refer the matter to defence counsel.
Because the insurance adjuster does not work for you, you should be mindful that the adjuster may want to do things that benefit the insurance company to your detriment. For instance, insurance adjusters may not advise you of your rights and interests, will not represent your interests, will want a written or oral statement from you (which can be used against you in a court of law) and will want to minimize the compensation paid.
In our experience, hiring a personal injury lawyer almost always results in our client receiving much more in compensation, even after our bill, than the adjuster was willing to give in the absence of a lawyer being involved. We often see unrepresented clients receive offers from adjusters which are far too low and settlements which results in underpaid claims.
If you have an ongoing accident or injury claim and are dealing with an adjuster, you would benefit from consulting and retaining a personal injury lawyer. Contact us at 613-315-HURT or 613-315-4878, Ottawa Personal Injury Lawyers, Accident Lawyers and Disability Lawyers. Plant Quinn Thiele LLP.
Saturday, July 17, 2010
If I have no money to hire a personal injury lawyer, what do I do? Contingency - No Fee Until You Win Arrangements - Ottawa Accident Injury Lawyers
If I have no money to hire a personal injury lawyer, what do I do?
Not many people can afford to hire a lawyer. Hiring an experienced personal injury lawyer can be expensive. However, at Plant Quinn Thiele LLP, we offer No Fee Until You Win retainer arrangements. What does this mean? This means that we will handle your case without any charge to you, no money down. If we recover a settlement for you, we are paid a percentage of the settlement; depending on what the specific case is about, the percentage is 30 to 35%. If there is a settlement, the insurer usually agrees to pay 15% of the amount you pay us. If we do not settle your case, we do not charge you anything. This type of arrangement is legally allowed and authorized by the Law Society of Upper Canada. This type of arrangement is called a contingency fee arrangement and provides access to justice for the thousands of injured persons who cannot otherwise afford to pay a lawyer $200 to $500 per hour to handle their personal injury case.
There is no doubt that taking a case to court is expensive. In personal injury cases, in addition to income loss you may be suffering as well as direct and indirect costs of medical treatments, you have to consider the costs of lawyer’s fees, court filing fees, expert report costs, medical expert costs, clinical notes and records costs etc... In many cases, our clients cannot afford to pay experts the hundreds and sometimes thousands of dollars requested for their professional assistance, opinions and expert reports. We, in most personal injury and disability cases, will advance our clients the funds to pay for these expert fees. We handle all aspects of obtaining the documents and expert reports needed and we pay for it. We recover the cost from the opposing party or insurer when the case settles.
In most personal injury and disability cases we handle, we do so on a contingency fee basis. Most of our clients believe that they would not have been able to hire a lawyer but for the contingency fee arrangement. Because we take a percentage of the settlement, the bigger the settlement the more you get and the more we get, so you can expect that we will to everything possible to maximize your recovery such as conduct a full analysis, full review, retaining the best experts, reviewing all aspects of your case and negotiating aggressively. Since most personal injury cases are settled, all of our lawyers are trained in advanced negotiation techniques and alternate dispute resolution techniques to effectively bargain a settlement for our clients. Our personal injury lawyers also participate in CLE (continuing legal education) programs and we are always up to do on the latest news and law relating to personal injury, accident and disability matters. We also buy the best software and services available to assist us with handling personal injury cases, such as legal research database services.
We offer free consultations. There is no obligation and no pressure. If you believe you have a personal injury, accident or disability case and want to discuss your rights, interests and hear your options, contact us at 613-315-4878 (613-315-HURT). Marc-Nicholas Quinn, Lawyer, Mediator, Author and Law Instructor.
Not many people can afford to hire a lawyer. Hiring an experienced personal injury lawyer can be expensive. However, at Plant Quinn Thiele LLP, we offer No Fee Until You Win retainer arrangements. What does this mean? This means that we will handle your case without any charge to you, no money down. If we recover a settlement for you, we are paid a percentage of the settlement; depending on what the specific case is about, the percentage is 30 to 35%. If there is a settlement, the insurer usually agrees to pay 15% of the amount you pay us. If we do not settle your case, we do not charge you anything. This type of arrangement is legally allowed and authorized by the Law Society of Upper Canada. This type of arrangement is called a contingency fee arrangement and provides access to justice for the thousands of injured persons who cannot otherwise afford to pay a lawyer $200 to $500 per hour to handle their personal injury case.
There is no doubt that taking a case to court is expensive. In personal injury cases, in addition to income loss you may be suffering as well as direct and indirect costs of medical treatments, you have to consider the costs of lawyer’s fees, court filing fees, expert report costs, medical expert costs, clinical notes and records costs etc... In many cases, our clients cannot afford to pay experts the hundreds and sometimes thousands of dollars requested for their professional assistance, opinions and expert reports. We, in most personal injury and disability cases, will advance our clients the funds to pay for these expert fees. We handle all aspects of obtaining the documents and expert reports needed and we pay for it. We recover the cost from the opposing party or insurer when the case settles.
In most personal injury and disability cases we handle, we do so on a contingency fee basis. Most of our clients believe that they would not have been able to hire a lawyer but for the contingency fee arrangement. Because we take a percentage of the settlement, the bigger the settlement the more you get and the more we get, so you can expect that we will to everything possible to maximize your recovery such as conduct a full analysis, full review, retaining the best experts, reviewing all aspects of your case and negotiating aggressively. Since most personal injury cases are settled, all of our lawyers are trained in advanced negotiation techniques and alternate dispute resolution techniques to effectively bargain a settlement for our clients. Our personal injury lawyers also participate in CLE (continuing legal education) programs and we are always up to do on the latest news and law relating to personal injury, accident and disability matters. We also buy the best software and services available to assist us with handling personal injury cases, such as legal research database services.
We offer free consultations. There is no obligation and no pressure. If you believe you have a personal injury, accident or disability case and want to discuss your rights, interests and hear your options, contact us at 613-315-4878 (613-315-HURT). Marc-Nicholas Quinn, Lawyer, Mediator, Author and Law Instructor.
Friday, July 16, 2010
My personal injury lawyer wants me to see medical experts he retained on my behalf, should I go? Accident Lawyer Ottawa
My personal injury lawyer wants me to see medical experts he retained on my behalf, should I go?
You should generally follow the advice of your personal injury lawyer but it is perfectly acceptable to ask for clarification of any issue that comes up. In many cases, medical issues arising out of your personal injury matter require the assistance of medical experts who can review, analyze and provide professional medical - legal opinions on your medical condition which will assist in the settlement of a personal injury claim.
It is quite normal for your personal injury lawyer to suggest that you see a physician or other health care provider s/he recommends. The professional written opinion obtained can be used as evidence supporting your case during the negotiation phase and at trial if needed. The medical report is usually served on the opposing party (or their insurance company) and, if the matter is in litigation, also then filed with the Court in various contexts and in accordance with Rules of the Court and the Ontario Evidence Act. The opinions expressed by the medical and other experts retained by your personal injury lawyer can be independent supporting your case or also reply to the opinions obtained by the health care providers or other experts retained by the insurance company or lawyers representing the person responsible for your injuries.
In virtually all personal injury cases, medical evidence, usually in the form of clinical notes and records, independent test results and medical - legal reports, are obtained to support your case.
To learn more about your rights and interests in personal injury cases, contact us for a free consultation at 613-315-HURT. 613-315-4878. Marc-Nicholas Quinn, Accident and Injury Lawyer and Mediator, specializing in injury and disability cases. Ottawa Injury Lawyers.
You should generally follow the advice of your personal injury lawyer but it is perfectly acceptable to ask for clarification of any issue that comes up. In many cases, medical issues arising out of your personal injury matter require the assistance of medical experts who can review, analyze and provide professional medical - legal opinions on your medical condition which will assist in the settlement of a personal injury claim.
It is quite normal for your personal injury lawyer to suggest that you see a physician or other health care provider s/he recommends. The professional written opinion obtained can be used as evidence supporting your case during the negotiation phase and at trial if needed. The medical report is usually served on the opposing party (or their insurance company) and, if the matter is in litigation, also then filed with the Court in various contexts and in accordance with Rules of the Court and the Ontario Evidence Act. The opinions expressed by the medical and other experts retained by your personal injury lawyer can be independent supporting your case or also reply to the opinions obtained by the health care providers or other experts retained by the insurance company or lawyers representing the person responsible for your injuries.
In virtually all personal injury cases, medical evidence, usually in the form of clinical notes and records, independent test results and medical - legal reports, are obtained to support your case.
To learn more about your rights and interests in personal injury cases, contact us for a free consultation at 613-315-HURT. 613-315-4878. Marc-Nicholas Quinn, Accident and Injury Lawyer and Mediator, specializing in injury and disability cases. Ottawa Injury Lawyers.
Thursday, July 15, 2010
Do I need a police report to file a claim with my insurance company or advance a personal injury law suit? car accidents ottawa
Do I need a police report to file a claim with my insurance company or advance a personal injury law suit?
While you do not require a police report to file a claim with your insurer or start a personal injury claim, a police report is usually very useful and provides vital information that can assist you pursue remedies for your injuries. For instance, it will likely provide the name and address of the other driver and owner of the vehicle that collided with you or your vehicle in an accident, their insurance particulars and the name of the investigating police officer.
Your insurer will not require a police report but will ask for one if one has been prepared. Our recommendation is to always contact the police for any accident and always obtain a police report. If someone is hurt in the accident, if the accident is serious, if there is any damage to any vehicle or if there is suspicion of wrongdoing such as drunk driving, racing or criminal act of any kind (i.e. dangerous driving), you should call the police. If you do not call the police, you should report the incident to a local police accident centre and obtain a case number. Even if you do not report the accident to police, you should report it to your insurer. Your insurer may want you to report it to the police for technical and legal reasons. Always obtain the name of the other driver and obtain his/her insurance information regardless of police involvement. Your insurer will ask for this information.
For more information on car accidents, contact us for a free consultation at 613-315-HURT. Ottawa car accident lawyers.
While you do not require a police report to file a claim with your insurer or start a personal injury claim, a police report is usually very useful and provides vital information that can assist you pursue remedies for your injuries. For instance, it will likely provide the name and address of the other driver and owner of the vehicle that collided with you or your vehicle in an accident, their insurance particulars and the name of the investigating police officer.
Your insurer will not require a police report but will ask for one if one has been prepared. Our recommendation is to always contact the police for any accident and always obtain a police report. If someone is hurt in the accident, if the accident is serious, if there is any damage to any vehicle or if there is suspicion of wrongdoing such as drunk driving, racing or criminal act of any kind (i.e. dangerous driving), you should call the police. If you do not call the police, you should report the incident to a local police accident centre and obtain a case number. Even if you do not report the accident to police, you should report it to your insurer. Your insurer may want you to report it to the police for technical and legal reasons. Always obtain the name of the other driver and obtain his/her insurance information regardless of police involvement. Your insurer will ask for this information.
For more information on car accidents, contact us for a free consultation at 613-315-HURT. Ottawa car accident lawyers.
Wednesday, July 14, 2010
Ottawa pedestrian and car accidents - compensation
Ottawa pedestrian and car accidents - compensation
Each year, many people suffer injuries as pedestrians. Pedestrian and car accidents can occur anytime, day or night. As pedestrians, you have the right to expect that you will be safe crossing the street at designated cross walks, or while walking on the sidewalk. None of us expect to be hit by a car while walking on a sidewalk or crossing the street. Yet, for many reasons, careless driving, driving while intoxicated, not being cautious etc..., pedestrian accidents occur almost every day.
With so many cars and pedestrians intersecting every day, it makes sense that accidents will occur. Some of the accidents result in only minor injuries. Other accidents can be catastrophic and cause permanent and debilitating injuries. The types of injuries caused by car accidents are endless.
If you are struck by a motor vehicle in Ontario and suffer serious injuries, we can assist you right away and explain the process of making a claim and what you can reasonably expect to receive by way of compensation. We offer free consultations in car accidents and all personal injury cases and if retained, we work on a no fee until we win basis. We work to obtain the best possible settlement for you.
Contact us at 613-315-4878. Ottawa car accident lawyers. Plant Quinn Thiele LLP.
Each year, many people suffer injuries as pedestrians. Pedestrian and car accidents can occur anytime, day or night. As pedestrians, you have the right to expect that you will be safe crossing the street at designated cross walks, or while walking on the sidewalk. None of us expect to be hit by a car while walking on a sidewalk or crossing the street. Yet, for many reasons, careless driving, driving while intoxicated, not being cautious etc..., pedestrian accidents occur almost every day.
With so many cars and pedestrians intersecting every day, it makes sense that accidents will occur. Some of the accidents result in only minor injuries. Other accidents can be catastrophic and cause permanent and debilitating injuries. The types of injuries caused by car accidents are endless.
If you are struck by a motor vehicle in Ontario and suffer serious injuries, we can assist you right away and explain the process of making a claim and what you can reasonably expect to receive by way of compensation. We offer free consultations in car accidents and all personal injury cases and if retained, we work on a no fee until we win basis. We work to obtain the best possible settlement for you.
Contact us at 613-315-4878. Ottawa car accident lawyers. Plant Quinn Thiele LLP.
Tuesday, July 13, 2010
What do I need to prove to win my personal injury law claim? Ottawa accident lawyers
What do I need to prove to win my personal injury law claim?
In order to succeed in your personal injury claim, you must be able to prove to the court that the person who caused your injuries was negligent. Specifically, you must prove the elements of negligence which are established on the basis of evidence. The elements of negligence are as follows:
Duty of care: A reasonable person is held to a legally recognized duty of care. Such a person must take reasonable steps to prevent harm to another by their actions or inaction.
Breach of duty: The duty of care is breached when the person responsible for the harm has failed to meet the standard of care. The failure is fact specific. Examples are failing to apply salt to ice which causes a slip and fall, failure to install proper lighting or handrail causing a trip and fall, speeding causing a motor vehicle accident, failure to warn of a danger or otherwise failing to keep the injured person or any other conduct or omission that caused the injury.
Causation: Causation is likely the most difficult element to prove. An injured person must prove that the acts or omissions of the person responsible for their injuries was the direct or “proximate” cause of their injuries. Courts often use the “but for” test to make this analysis which means: the injuries would not have been caused “but for” the act or omission of the person who caused them.
Damages: An injured person must prove that as a result of the breach of the duty, they suffered harm and suffered damages, expenses and losses. For example, in special damages like loss of income, this is done by providing documents proving lost wages, business income etc...
In order to succeed in your personal injury claim, you must be able to prove to the court that the person who caused your injuries was negligent. Specifically, you must prove the elements of negligence which are established on the basis of evidence. The elements of negligence are as follows:
Duty of care: A reasonable person is held to a legally recognized duty of care. Such a person must take reasonable steps to prevent harm to another by their actions or inaction.
Breach of duty: The duty of care is breached when the person responsible for the harm has failed to meet the standard of care. The failure is fact specific. Examples are failing to apply salt to ice which causes a slip and fall, failure to install proper lighting or handrail causing a trip and fall, speeding causing a motor vehicle accident, failure to warn of a danger or otherwise failing to keep the injured person or any other conduct or omission that caused the injury.
Causation: Causation is likely the most difficult element to prove. An injured person must prove that the acts or omissions of the person responsible for their injuries was the direct or “proximate” cause of their injuries. Courts often use the “but for” test to make this analysis which means: the injuries would not have been caused “but for” the act or omission of the person who caused them.
Damages: An injured person must prove that as a result of the breach of the duty, they suffered harm and suffered damages, expenses and losses. For example, in special damages like loss of income, this is done by providing documents proving lost wages, business income etc...
Sunday, July 11, 2010
Motor vehicle accidents, car accidents, bicycle accidents, motorcycle accidents, pedestrian / car accidents - SABS - Accident Benefits
Motor vehicle accidents, car accidents, bicycle accidents, motorcycle accidents, pedestrian / car accidents and any other type of motor vehicle accidents - Statutory Accident Benefits
Motor vehicle accidents, car accidents, bicycle accidents, motorcycle accidents, pedestrian - car accidents and any other type of motor vehicle accidents can have long lasting and devastating financial, social, emotional and psychological consequences for the injured person and their family. If you have been injured in a motor vehicle accident, you should obtain legal advice from a personal injury lawyer and get to know your legal rights and interests. Your personal injury lawyer should be knowledgeable in motor vehicle law.
What is the difference between statutory accident benefits and a tort claim?
If you are injured in a motor vehicle accident, you are entitled to apply for Statutory Accident Benefits (SABS) regardless of fault. You are also entitled to claim tort damages, meaning compensation (damages) from the person at fault for the accident. A tort claim is a law suit in which you claim monetary damages as compensation against the persons responsible for your accident and injuries. In order to claim compensation from the negligent person who caused you injuries in a motor vehicle accident, you must meet a legal test. Under the current “no-fault” insurance system in Ontario, in order to successfully sue someone for damages / compensation, you must meet two criteria, known as the “threshold” which means that: You must have sustained a serious and permanent impairment of an important physical, mental or psychological function or have sustained a serious and permanent disfigurement and your injuries must exceed the statutorily prescribed deductible which is currently $30,000.00.
We can help you obtain compensation for pain and suffering, lost income, medical expenses, expert expenses and other expenses incurred as a result of the accident.
What does no fault mean?
No-fault insurance means that if you are injured or your car is damaged in an accident, then you deal with your own insurance company for coverage and indemnification (compensation), regardless of who is at fault in the accident.
What are Statutory Accident Benefits (SABS)?
Statutory accident benefits (which is also referred to as “no fault-benefits”), are statutory benefits provided to persons in Ontario injured by the use or operation of a motor vehicle. They are governed by the Statutory Accident Benefits Schedule, which is a regulation made under the Insurance Act of Ontario.
Statutory Accident Benefits (SABS) are the no fault component of the Insurance Act when it comes to motor vehicle accidents. These are accident benefits which provide compensation for expenses incurred to treat you, to provide care for you and also to replace your income while recovering from an accident. You are entitled to all of the benefits from your own insurance company. The types of benefits include: income replacement, non earner benefits, disability benefits, caregiver benefits, housekeeping benefits, attendant care benefits, home maintenance benefits, medical benefits, rehabilitation benefits and other expenses related to the injuries you sustained in a car accident.
The accident benefits in Ontario are set by the provincial government by amendments to regulations made under the Insurance Act of Ontario. While you can purchase additional optional accident benefits, for most people, the benefits are what is governed by the standard motor vehicle insurance policy. It is definitely worth reviewing the optional accident benefits because in many cases, the cost is minimal compared to the benefit. The additional optional insurance must be purchased before an accident occurs. The types of increased coverages you can buy include, more caregiver benefits, more income replacement benefits, more medical, rehabilitation and attendant care benefits and more death and funeral benefits.
Who can claim Statutory Accident Benefits?
Every person who is injured in a motor vehicle accident in Ontario is entitled to claim accident benefits. Accident benefits / “no-fault” benefits are claimed from your own motor vehicle insurance company.
What if I do not have motor vehicle insurance?
If you do not have motor vehicle insurance (not insured), you are entitled to claim accident benefits from the motor vehicle insurer of the other person involved in the motor vehicle accident.
If there is no available insurance at all, you may advance a claim for accident benefits to the government’s Motor Vehicle Accident Claims Fund which provides accident benefit coverages for uninsured situations.
What are the different types of Accident Benefits?
Currently, the accident benefits available include:
Income Replacement Benefit: 80% of net weekly income up to maximum of $400.00 per week to a maximum period of 104 weeks. A 7 day deductible applies.
Non-Earner Benefit: The entitlement is $185.00 per week to a maximum period of 104 weeks. A 6 month deductible applies.
Caregiver Benefit: $250.00 per week for 1st child and $50.00 per week for each subsequent child to a maximum period of 104 weeks. Th benefit only applies for children under the age of 16.
Housekeeping and Home Maintenance Benefit: $100.00 per week to a maximum period of 104 weeks.
Attendant Care Benefits: $3,000.00 per month maximum to a maximum period of 24 months. The monthly amount payable is determined in accordance with a Form 1, as prescribed under the Insurance Act of Ontario.
Medical and Rehabilitation Benefits: $100,000.00 maximum. There is a 10 year maximum period.
Other Benefits: Depending on your circumstances, you may also be entitled to other benefits. For example, benefits to pay for visitors’ expenses, repair or replacement of eyeglasses or clothing damaged in the accident, or case manager services.
If I am injured in an accident, do I automatically qualify for all accident benefits?
You do not automatically qualify for accident benefits. Each benefit has its own qualifying criteria. Examples of needed qualifications needed are as follows:
Income Replacement Benefit: This benefit is for insured persons who were employed for at least 26 out of the last 52 weeks prior to the motor vehicle accident and who, as a result of the accident, suffer a substantial inability to perform the essential tasks of their employment.
Non-Earner Benefit: This benefit is for insured persons who were not employed at the time of the motor vehicle accident and who suffer a complete inability to carry on a normal life as a result of the motor vehicle accident.
Caregiver Benefit: This benefit is for insured persons who are the primary caregiver of a child or children under 16 years of age and who, as a result of the motor vehicle accident, suffer a substantial inability to engage in the care giving activities in which they were engaged in at the time of the accident.
Housekeeping and Home Maintenance Benefit: This benefit is for insured persons who incur expenses as a result of an accident for housekeeping and home maintenance services and are payable if the insured person suffers a substantial inability to perform the housekeeping and home maintenance services that they normally performed before the accident.
Attendant Care Benefit: This benefit is for insured persons who incur expenses as a result of an accident for services provided by an aide or attendant.
Medical and Rehabilitation Benefit: This benefit is for insured persons who require treatment as a result of a motor vehicle accident such as physiotherapy, chiropractic services, etc.
Motor vehicle law experts
At Plant Quinn Thiele LLP, we can handle your accident benefits claims and deal directly with your insurance company, help complete the many forms required and guide you through the maze of procedures, forms and details needed to obtain the benefits you are entitled to receive.
As soon as possible following an accident, you should consult a lawyer who will fight for your rights. Do not rely on the insurance company or adjusters to assist you. Their job is to benefit the insurance company, not you. Only your personal injury lawyer will look out solely for your rights and interests.
At Plant Quinn Thiele LLP, we specialize in personal injury matters and can assist you with all aspects of your personal injury case, from beginning to end. Call us at 613-315-4878. Ottawa Personal Injury Lawyer Network.
Motor vehicle accidents, car accidents, bicycle accidents, motorcycle accidents, pedestrian - car accidents and any other type of motor vehicle accidents can have long lasting and devastating financial, social, emotional and psychological consequences for the injured person and their family. If you have been injured in a motor vehicle accident, you should obtain legal advice from a personal injury lawyer and get to know your legal rights and interests. Your personal injury lawyer should be knowledgeable in motor vehicle law.
What is the difference between statutory accident benefits and a tort claim?
If you are injured in a motor vehicle accident, you are entitled to apply for Statutory Accident Benefits (SABS) regardless of fault. You are also entitled to claim tort damages, meaning compensation (damages) from the person at fault for the accident. A tort claim is a law suit in which you claim monetary damages as compensation against the persons responsible for your accident and injuries. In order to claim compensation from the negligent person who caused you injuries in a motor vehicle accident, you must meet a legal test. Under the current “no-fault” insurance system in Ontario, in order to successfully sue someone for damages / compensation, you must meet two criteria, known as the “threshold” which means that: You must have sustained a serious and permanent impairment of an important physical, mental or psychological function or have sustained a serious and permanent disfigurement and your injuries must exceed the statutorily prescribed deductible which is currently $30,000.00.
We can help you obtain compensation for pain and suffering, lost income, medical expenses, expert expenses and other expenses incurred as a result of the accident.
What does no fault mean?
No-fault insurance means that if you are injured or your car is damaged in an accident, then you deal with your own insurance company for coverage and indemnification (compensation), regardless of who is at fault in the accident.
What are Statutory Accident Benefits (SABS)?
Statutory accident benefits (which is also referred to as “no fault-benefits”), are statutory benefits provided to persons in Ontario injured by the use or operation of a motor vehicle. They are governed by the Statutory Accident Benefits Schedule, which is a regulation made under the Insurance Act of Ontario.
Statutory Accident Benefits (SABS) are the no fault component of the Insurance Act when it comes to motor vehicle accidents. These are accident benefits which provide compensation for expenses incurred to treat you, to provide care for you and also to replace your income while recovering from an accident. You are entitled to all of the benefits from your own insurance company. The types of benefits include: income replacement, non earner benefits, disability benefits, caregiver benefits, housekeeping benefits, attendant care benefits, home maintenance benefits, medical benefits, rehabilitation benefits and other expenses related to the injuries you sustained in a car accident.
The accident benefits in Ontario are set by the provincial government by amendments to regulations made under the Insurance Act of Ontario. While you can purchase additional optional accident benefits, for most people, the benefits are what is governed by the standard motor vehicle insurance policy. It is definitely worth reviewing the optional accident benefits because in many cases, the cost is minimal compared to the benefit. The additional optional insurance must be purchased before an accident occurs. The types of increased coverages you can buy include, more caregiver benefits, more income replacement benefits, more medical, rehabilitation and attendant care benefits and more death and funeral benefits.
Who can claim Statutory Accident Benefits?
Every person who is injured in a motor vehicle accident in Ontario is entitled to claim accident benefits. Accident benefits / “no-fault” benefits are claimed from your own motor vehicle insurance company.
What if I do not have motor vehicle insurance?
If you do not have motor vehicle insurance (not insured), you are entitled to claim accident benefits from the motor vehicle insurer of the other person involved in the motor vehicle accident.
If there is no available insurance at all, you may advance a claim for accident benefits to the government’s Motor Vehicle Accident Claims Fund which provides accident benefit coverages for uninsured situations.
What are the different types of Accident Benefits?
Currently, the accident benefits available include:
Income Replacement Benefit: 80% of net weekly income up to maximum of $400.00 per week to a maximum period of 104 weeks. A 7 day deductible applies.
Non-Earner Benefit: The entitlement is $185.00 per week to a maximum period of 104 weeks. A 6 month deductible applies.
Caregiver Benefit: $250.00 per week for 1st child and $50.00 per week for each subsequent child to a maximum period of 104 weeks. Th benefit only applies for children under the age of 16.
Housekeeping and Home Maintenance Benefit: $100.00 per week to a maximum period of 104 weeks.
Attendant Care Benefits: $3,000.00 per month maximum to a maximum period of 24 months. The monthly amount payable is determined in accordance with a Form 1, as prescribed under the Insurance Act of Ontario.
Medical and Rehabilitation Benefits: $100,000.00 maximum. There is a 10 year maximum period.
Other Benefits: Depending on your circumstances, you may also be entitled to other benefits. For example, benefits to pay for visitors’ expenses, repair or replacement of eyeglasses or clothing damaged in the accident, or case manager services.
If I am injured in an accident, do I automatically qualify for all accident benefits?
You do not automatically qualify for accident benefits. Each benefit has its own qualifying criteria. Examples of needed qualifications needed are as follows:
Income Replacement Benefit: This benefit is for insured persons who were employed for at least 26 out of the last 52 weeks prior to the motor vehicle accident and who, as a result of the accident, suffer a substantial inability to perform the essential tasks of their employment.
Non-Earner Benefit: This benefit is for insured persons who were not employed at the time of the motor vehicle accident and who suffer a complete inability to carry on a normal life as a result of the motor vehicle accident.
Caregiver Benefit: This benefit is for insured persons who are the primary caregiver of a child or children under 16 years of age and who, as a result of the motor vehicle accident, suffer a substantial inability to engage in the care giving activities in which they were engaged in at the time of the accident.
Housekeeping and Home Maintenance Benefit: This benefit is for insured persons who incur expenses as a result of an accident for housekeeping and home maintenance services and are payable if the insured person suffers a substantial inability to perform the housekeeping and home maintenance services that they normally performed before the accident.
Attendant Care Benefit: This benefit is for insured persons who incur expenses as a result of an accident for services provided by an aide or attendant.
Medical and Rehabilitation Benefit: This benefit is for insured persons who require treatment as a result of a motor vehicle accident such as physiotherapy, chiropractic services, etc.
Motor vehicle law experts
At Plant Quinn Thiele LLP, we can handle your accident benefits claims and deal directly with your insurance company, help complete the many forms required and guide you through the maze of procedures, forms and details needed to obtain the benefits you are entitled to receive.
As soon as possible following an accident, you should consult a lawyer who will fight for your rights. Do not rely on the insurance company or adjusters to assist you. Their job is to benefit the insurance company, not you. Only your personal injury lawyer will look out solely for your rights and interests.
At Plant Quinn Thiele LLP, we specialize in personal injury matters and can assist you with all aspects of your personal injury case, from beginning to end. Call us at 613-315-4878. Ottawa Personal Injury Lawyer Network.
Saturday, July 10, 2010
What types of personal injury damages can I receive if injured in an accident? Ottawa Car Accident Lawyers
What types of damages can I expect to receive in a personal injury case?
Each personal injury case is different and warrant different amounts and types of compensation. Each case must be evaluated on its own merits.
The general types of damages available are as follows:
1. General damages which are damages provided to compensate for loss of companionship, loss of reputation, and the physical, mental and/or psychological pain and suffering and loss of enjoyment of life caused by an injury;
2. Family Law Act damages which is compensation for close family members who have lost care, guidance and companionship associated with the injured person;
3. Family Law Act damages which is compensation paid to close family members who have provided care services to care for their injured relative;
4. Past, present and future loss of income, including lost wages, business income, lost profit and any other type of income loss or economic opportunity losses related to the accident and injuries sustained which are reasonably foreseeable;
5. Past, present and future medical, care and rehabilitation expenses;
6. Past, present and future housekeeping and home maintenance expenses;
7. Out of pocket expenses;
8. Punitive and aggravated damages which are special types of damages which serve as punishment to the person to persons responsible for the accident (usually awarded in cases where there is egregious acts, oppression, malice, fraud, bad faith and so on);
9. Pre-judgment and post judgment interest; and
10. Costs or legal fees associated with pursuing compensation.
To learn more about personal injury issues, contact us at 613-315-4878. Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyer Network.
Each personal injury case is different and warrant different amounts and types of compensation. Each case must be evaluated on its own merits.
The general types of damages available are as follows:
1. General damages which are damages provided to compensate for loss of companionship, loss of reputation, and the physical, mental and/or psychological pain and suffering and loss of enjoyment of life caused by an injury;
2. Family Law Act damages which is compensation for close family members who have lost care, guidance and companionship associated with the injured person;
3. Family Law Act damages which is compensation paid to close family members who have provided care services to care for their injured relative;
4. Past, present and future loss of income, including lost wages, business income, lost profit and any other type of income loss or economic opportunity losses related to the accident and injuries sustained which are reasonably foreseeable;
5. Past, present and future medical, care and rehabilitation expenses;
6. Past, present and future housekeeping and home maintenance expenses;
7. Out of pocket expenses;
8. Punitive and aggravated damages which are special types of damages which serve as punishment to the person to persons responsible for the accident (usually awarded in cases where there is egregious acts, oppression, malice, fraud, bad faith and so on);
9. Pre-judgment and post judgment interest; and
10. Costs or legal fees associated with pursuing compensation.
To learn more about personal injury issues, contact us at 613-315-4878. Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyer Network.
What is the maximum personal injury award in Ontario?
What is the maximum personal injury award in Ontario?
In general terms, there is no maximum for any type of damages awards in Canada, including Ontario. However, unlike the United States, the amounts in Canada are relatively modest.
There is a maximum amount when it comes to general damages however. General damages are compensation for past, present and future pain and suffering and loss of enjoyment of life resulting from injuries sustained in an accident.
The maximum is $329,244 as of February, 2010. The amount is indexed for inflation and is currently growing at the rate of about 1.5% per month. The amount can change at any time by an award made by Justice in a Court case.
In cases of car accidents and claims for compensation, there are limits and deductions applicable. For instance, there may be a $30,000 deductible against general damages for cases under $100,000 and loss of income claims (Income Replacement Benefits) are limited to 80% of your net past loss of income, up to a maximum allowed. Other than in car accident claims, there is no such statutory or common law reductions in past or future loss of income claims.
In most cases of personal injury, the most you can realistically expect to receive is the maximum amount provided for in the insurance policy covering the loss, unless the person responsible for the accident has significant assets from which you can collect above and beyond policy limits.
In general terms, there is no maximum for any type of damages awards in Canada, including Ontario. However, unlike the United States, the amounts in Canada are relatively modest.
There is a maximum amount when it comes to general damages however. General damages are compensation for past, present and future pain and suffering and loss of enjoyment of life resulting from injuries sustained in an accident.
The maximum is $329,244 as of February, 2010. The amount is indexed for inflation and is currently growing at the rate of about 1.5% per month. The amount can change at any time by an award made by Justice in a Court case.
In cases of car accidents and claims for compensation, there are limits and deductions applicable. For instance, there may be a $30,000 deductible against general damages for cases under $100,000 and loss of income claims (Income Replacement Benefits) are limited to 80% of your net past loss of income, up to a maximum allowed. Other than in car accident claims, there is no such statutory or common law reductions in past or future loss of income claims.
In most cases of personal injury, the most you can realistically expect to receive is the maximum amount provided for in the insurance policy covering the loss, unless the person responsible for the accident has significant assets from which you can collect above and beyond policy limits.
More Information on Dog Bites and Damages - Following Dog Bite Lawyer’s Series on Dogs and Personal Injury Ottawa dog bite lawyers
More Information on Dog Bites and Damages - Following Dog Bite Lawyer’s Series on Dogs and Personal Injury
While dogs are considered man's best friend, they are also capable of causing serious and permanent injury if they bite or attack, especially if the bite or attack involves children. Dogs provide companionship, security and a source of friendship which are all positive attributes. However, when dogs attack, the consequences can be devastating. Dogs are animals and have to be treated as such. They are capable of changing their behaviour in an instant and if challenged, angered or without provocation at all, they can attack. What actually sets off a dog to attack and/or to bite is limitless.
At Plant Quinn Thiele, LLP, we see many cases of dog attacks which were unpredictable. They can occur anywhere. They can occur with dogs, at large, on leashes or even tied to a post. If a dog can reach you, they can attack and bite. Some attacks occur at home, others at friends homes and in other cases in the streets, parks and in stores.
If you have suffered injuries from a dog bite or dog attack, you are entitled to compensation. In Ontario, the law is clear - if you are injured by a dog, you get compensated - it is that simple. The issue is really only the amount of compensation, not if compensation will be paid. Dog bites and attacks are considered a special form of negligence called “strict” liability torts, which protect victims. In addition, a person injured by a dog may also seek compensation under the Criminal Injuries Compensation legislation. Not only are dog owners responsible for injuries caused by their dog, land owners who allow dogs of others on their property can also be held liable under usual negligence principles such as the Ontario Residential Tenancies Act and the Occupier’s Liability Act. The only exception to the usual rules of dogs and liability are cases involving being injured by a dog while committing an illegal act or where the dog was provoked significantly and purposely. If you have purposely provoked a dog to become angry and it attacks you, the dog owner will not be necessarily, but will likely still be partially, responsible for the damage or injury caused by the dog.
The owner of a dog must take care to protect others from their dog or they will be held liable for the damages which the dog has inflicted, including damage to the person or to property. Dog owners can be held liable for any type of damages. There is no limit on what types of damages you can claim if injured by a dog. You may seek general damages for pain and suffering, special damages such as loss of income, recovery of expenses such as medical expenses, out of pocket expenses, travel expenses, counselling costs, etc... and the list goes on.
If you have been injured by a dog, you would be well served to obtain information from one of our dog bite lawyers. We are experts on dog bite cases. With the right knowledge, you can create options or yourself and decide if you want to pursue a claim for compensation as a result of a dog bite or attack. At Plant Quinn Thiele LLP, we provide this legal advice free of charge and if retained to pursue compensation on your behalf, we charge nothing unless we win your case - and, we almost always win!
If you are a victim of a dog bite or dog attack, contact us for a free consultation at 613-315-HURT or 613-315-4878. Marc N. Quinn, Dog Bite Lawyer, Personal Injury Lawyer, Court Connected Mediator, Family Mediator, Law Instructor. Plant Quinn Thiele LLP Law Firm, Ottawa Personal Injury Lawyer Network
While dogs are considered man's best friend, they are also capable of causing serious and permanent injury if they bite or attack, especially if the bite or attack involves children. Dogs provide companionship, security and a source of friendship which are all positive attributes. However, when dogs attack, the consequences can be devastating. Dogs are animals and have to be treated as such. They are capable of changing their behaviour in an instant and if challenged, angered or without provocation at all, they can attack. What actually sets off a dog to attack and/or to bite is limitless.
At Plant Quinn Thiele, LLP, we see many cases of dog attacks which were unpredictable. They can occur anywhere. They can occur with dogs, at large, on leashes or even tied to a post. If a dog can reach you, they can attack and bite. Some attacks occur at home, others at friends homes and in other cases in the streets, parks and in stores.
If you have suffered injuries from a dog bite or dog attack, you are entitled to compensation. In Ontario, the law is clear - if you are injured by a dog, you get compensated - it is that simple. The issue is really only the amount of compensation, not if compensation will be paid. Dog bites and attacks are considered a special form of negligence called “strict” liability torts, which protect victims. In addition, a person injured by a dog may also seek compensation under the Criminal Injuries Compensation legislation. Not only are dog owners responsible for injuries caused by their dog, land owners who allow dogs of others on their property can also be held liable under usual negligence principles such as the Ontario Residential Tenancies Act and the Occupier’s Liability Act. The only exception to the usual rules of dogs and liability are cases involving being injured by a dog while committing an illegal act or where the dog was provoked significantly and purposely. If you have purposely provoked a dog to become angry and it attacks you, the dog owner will not be necessarily, but will likely still be partially, responsible for the damage or injury caused by the dog.
The owner of a dog must take care to protect others from their dog or they will be held liable for the damages which the dog has inflicted, including damage to the person or to property. Dog owners can be held liable for any type of damages. There is no limit on what types of damages you can claim if injured by a dog. You may seek general damages for pain and suffering, special damages such as loss of income, recovery of expenses such as medical expenses, out of pocket expenses, travel expenses, counselling costs, etc... and the list goes on.
If you have been injured by a dog, you would be well served to obtain information from one of our dog bite lawyers. We are experts on dog bite cases. With the right knowledge, you can create options or yourself and decide if you want to pursue a claim for compensation as a result of a dog bite or attack. At Plant Quinn Thiele LLP, we provide this legal advice free of charge and if retained to pursue compensation on your behalf, we charge nothing unless we win your case - and, we almost always win!
If you are a victim of a dog bite or dog attack, contact us for a free consultation at 613-315-HURT or 613-315-4878. Marc N. Quinn, Dog Bite Lawyer, Personal Injury Lawyer, Court Connected Mediator, Family Mediator, Law Instructor. Plant Quinn Thiele LLP Law Firm, Ottawa Personal Injury Lawyer Network
Friday, July 9, 2010
Dog Bites and Related Personal Injury Issues
Dog Bites and Related Personal Injury Issues
Dogs can attack and cause serious personal injury. Other animals can also cause injury and bites from many animals can prove dangerous if not medically treated right away.
Dogs attack because of various reasons. You should not leave your children unsupervised in the presence of any dog. Children may believe the dog wants to play and misinterpret the behaviour which can cause a dog to attack. Young children can appear as competition and a threat to dogs who will attack o defend territory etc...
The consequences of animal bites and dog attacks can be devastating and cause permanent disability. Minor physical wounds can be treated. However, serious dog attacks can cause permanent psychological damage, especially in children. Dog bites can often cause infections and rabies. Medical treatment should always be sought after a dog attack, regardless of how serious or non serious the injuries may at first appear. An animal bite may not appear to be threatening to life. However, if you leave it untreated, it can lead to serious infection. Infections can cause death.
Always report a dog attack or bite to the local police and local animal control department. You should also contact the health department to check for any possibility of rabies.
If you have been attacked by a dog or bitten by a dog, contact us for a free consultation. We are dog liability experts. We work on a No Fee Until You Win Basis. Ottawa dog bite lawyers - Ottawa personal injury lawyers. 613-315-4878.
Dogs can attack and cause serious personal injury. Other animals can also cause injury and bites from many animals can prove dangerous if not medically treated right away.
Dogs attack because of various reasons. You should not leave your children unsupervised in the presence of any dog. Children may believe the dog wants to play and misinterpret the behaviour which can cause a dog to attack. Young children can appear as competition and a threat to dogs who will attack o defend territory etc...
The consequences of animal bites and dog attacks can be devastating and cause permanent disability. Minor physical wounds can be treated. However, serious dog attacks can cause permanent psychological damage, especially in children. Dog bites can often cause infections and rabies. Medical treatment should always be sought after a dog attack, regardless of how serious or non serious the injuries may at first appear. An animal bite may not appear to be threatening to life. However, if you leave it untreated, it can lead to serious infection. Infections can cause death.
Always report a dog attack or bite to the local police and local animal control department. You should also contact the health department to check for any possibility of rabies.
If you have been attacked by a dog or bitten by a dog, contact us for a free consultation. We are dog liability experts. We work on a No Fee Until You Win Basis. Ottawa dog bite lawyers - Ottawa personal injury lawyers. 613-315-4878.
Dog Bites and Attacks - Ask a Lawyer About Your Right to Compensation
Dog Bites and Attacks
Dog bites and attacks can cause permanent injuries and even cause death. Death can occur as a result of blood loss, serious lacerations and infection. One can suffer man types of injuries from a dog bite / dog attack, including, abrasions, puncture wounds, tissue damage, nerve damage, tendon damage, lacerations, fractures, strains, sprains, disability, deformity, scarring, disfigurement and infections such as rabies and cellulitis infections.
If you are a victim of a dog bite injury, you need to be assessed and treated by a qualified medical practitioner to ensure that the damage is not more serious that it may appear. You should be particularly examined for infections, fractures and nerve damage.
Not only can dog bite injuries lead to excruciating lacerations and puncture wounds, nerve damage, fractures, serious infections, disability, and deformity, but death is a viable option as well.
If you have been attacked by a dog or bitten by a dog, we can assist you. We are dog liability experts and work on a no fee unless you win basis. Our consultations are free and we are happy to answer any of your questions. Ottawa Dog Bite Lawyers - 613-315-4878. Ask for Marc-Nicholas Quinn, Lawyer, Mediator, Law Instructor
Dog bites and attacks can cause permanent injuries and even cause death. Death can occur as a result of blood loss, serious lacerations and infection. One can suffer man types of injuries from a dog bite / dog attack, including, abrasions, puncture wounds, tissue damage, nerve damage, tendon damage, lacerations, fractures, strains, sprains, disability, deformity, scarring, disfigurement and infections such as rabies and cellulitis infections.
If you are a victim of a dog bite injury, you need to be assessed and treated by a qualified medical practitioner to ensure that the damage is not more serious that it may appear. You should be particularly examined for infections, fractures and nerve damage.
Not only can dog bite injuries lead to excruciating lacerations and puncture wounds, nerve damage, fractures, serious infections, disability, and deformity, but death is a viable option as well.
If you have been attacked by a dog or bitten by a dog, we can assist you. We are dog liability experts and work on a no fee unless you win basis. Our consultations are free and we are happy to answer any of your questions. Ottawa Dog Bite Lawyers - 613-315-4878. Ask for Marc-Nicholas Quinn, Lawyer, Mediator, Law Instructor
Monday, July 5, 2010
Leg Injuries - Seeking Compensation - Ottawa Accident Lawyers
Leg Injuries - Seeking Compensation - Ottawa Accident Lawyers
Leg injuries are very common. They are often associated with a car accident, trip and fall or slip and fall accident. Leg fractures lead to serious impairment of enjoyment of life. Leg injuries include lower limb injuries such as loss of or damage to legs, feet and toes, knee damage and ankle injuries. It can include amputation and prosthesis requirements.
Legs are particularly vulnerable in car accidents or other types of road accidents involving pedestrians, bikes, motorcycles, ATVs and cars. These types of accidents can cause serious leg, knee and ankle injuries. High impact accident injuries can cause open (compound) and crush or shatter (comminuted) fractures to the leg bones that need surgery and temporary and permanent fixation. Leg injuries can cause permanent scarring and disfigurement.
Some leg injuries are straightforward such as typical fracture to the tibia. Other leg injuries may involve a long period of convalescence with physiotherapy and other longer term medical treatments.
The amount of compensation you are entitled to receive due to a leg injury varies with each case and depends on the diagnosis, recovery and prognosis. Compensation for leg and other injuries include general damages (which compensates the pain and suffering for the injury itself) and special damages (which includes financial losses caused by the injury such as loss of income, loss of earnings, loss of business income and opportunity to earn income, medical expenses and other out of pocket expenses and costs).
If you believe that your leg injury has been caused by somebody else's fault or negligence, you may be entitled to claim compensation for your injuries in a personal injury claim.
At Plant Quinn Thiele LLP, our lawyers provide free legal advice to people who have suffered or been injured in an accident and need professional legal advice on how to claim compensation for leg injuries or any injury. We have experience in dealing with all types of compensation claims, including fractures caused by the negligence of others. If you believe you are entitled to compensation because of injuries sustained in an accident, contact us for a free consultation.
For free legal advice call one of our friendly personal injury lawyers at 613-315-4878.
Leg injuries are very common. They are often associated with a car accident, trip and fall or slip and fall accident. Leg fractures lead to serious impairment of enjoyment of life. Leg injuries include lower limb injuries such as loss of or damage to legs, feet and toes, knee damage and ankle injuries. It can include amputation and prosthesis requirements.
Legs are particularly vulnerable in car accidents or other types of road accidents involving pedestrians, bikes, motorcycles, ATVs and cars. These types of accidents can cause serious leg, knee and ankle injuries. High impact accident injuries can cause open (compound) and crush or shatter (comminuted) fractures to the leg bones that need surgery and temporary and permanent fixation. Leg injuries can cause permanent scarring and disfigurement.
Some leg injuries are straightforward such as typical fracture to the tibia. Other leg injuries may involve a long period of convalescence with physiotherapy and other longer term medical treatments.
The amount of compensation you are entitled to receive due to a leg injury varies with each case and depends on the diagnosis, recovery and prognosis. Compensation for leg and other injuries include general damages (which compensates the pain and suffering for the injury itself) and special damages (which includes financial losses caused by the injury such as loss of income, loss of earnings, loss of business income and opportunity to earn income, medical expenses and other out of pocket expenses and costs).
If you believe that your leg injury has been caused by somebody else's fault or negligence, you may be entitled to claim compensation for your injuries in a personal injury claim.
At Plant Quinn Thiele LLP, our lawyers provide free legal advice to people who have suffered or been injured in an accident and need professional legal advice on how to claim compensation for leg injuries or any injury. We have experience in dealing with all types of compensation claims, including fractures caused by the negligence of others. If you believe you are entitled to compensation because of injuries sustained in an accident, contact us for a free consultation.
For free legal advice call one of our friendly personal injury lawyers at 613-315-4878.
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