Personal injury cases resolve one of three ways. They are either settled in Court following a trial; settled before or during a trial; or prior to litigation being commenced. Out of court settlements refers to settlements obtained without any litigation necessary. Most cases settle on a out of court settlement basis. It is uncommon for [...]
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 [...]
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 [...]
It is important that you gather evidence right away. However, you should first seek immediate medical attention. Provided you are medically able toy, re-attend (or cause somene to attend for you) at the scene of the fall, preferably with a friend or family member and take pictures of the location where you fell and take pictures of [...]
This depends on whether you were wholly or partially at fault. You can be held partially responsible which means the amount you receive would be lower. However, you can still receive compensation, when partially at fault. You can collect for your injuries even if the accident was partly your fault. There is a legal principle [...]
If you fell because of someone else’s fault or negligence, you are likely entitled to compensation. It really depends on why you fell. To be successful and obtain monetary damages, you need to prove that the property owner was negligent. Common situations which cause someone to trip or slip and fall involve pot holes, failing [...]
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 [...]
Photographs are always helpful, especially photographs of the location of the incident depicting the state of the property at the time of the accident and also photographs of the injuries are valuable. Never place yourself in a situation of risk or danger when taking photographs. However, if you have a camera available it would be [...]
My personal injury lawyer says that part of my settlement must go to OHIP because they have a subrogated interest claim, what does this mean? Ottawa car accident and personal injury lawyers provide explanation of your rights and interests when it comes to OHIP's subrogated interest claim. When you receive indemnity (meaning compensation) as an [...]
The length of time it takes for each case to settle depends entirely on the facts of each case. It is difficult to answer this question at the beginning of a case because so many facts are unknown. It will depend on the type of injury, the delay in obtaining documents and expert reports, the [...]