Most Viewed Canadian Lawyers for the Week ending June 15

1. Brian Galbriath, Barrie Lawyers, Barrie Family Lawyers
2. Lorne Fine, Toronto Lawyers, Toronto Family Lawyers
3. Christopher Hicks, Toronto Lawyers, Toronto Criminal Lawyers
4. Alisa Williams, Hamilton Lawyers, Hamilton Family Lawyers
5. Rose Keith, Vancouver Lawyers, Vancouver Personal Injury Lawyers

Stay tuned for next week’s most viewed lawyers coming your way!

Very often people overlook how serious an issue can be how devastating it can be to a family.  Injuries or Deaths at work are considered to be usual tragedies in every day life.  The 28 of April in Canada is the official National Day of Morning and commemorate workers who were killed, injured or suffered illness because of these workplace related accidents and hazards.

Basing on the world reports of the International Labour Organization (ILO), each year work takes lives of more than 2 million women and men who die of work - related accidents or diseases.  In fact, work actually kills more people than wars.  The number of accidents at work is approximately 270 million per year and about 160 million workers fall victim to work-related illnesses.  Thinks like hazardous substances kill about 440,000 workers every year.  Statistically one worker dies every 15 seconds worldwide, which translates to 6,000 workers die every day.  Of course most of these accidents occur in courtries where the safety at work is low and the workers have almost no legal protection.  Here in Canada however in such events, lawyer can be contacted, especially personal injury lawyersor law firms to help the family get compensations in such events.  Though these numbers are staggering, it is not to create a negative view of work, but more of a call for people to stand up for their legal rights related to workplace accidents and wrongful deaths.  That’s why the slogan of the National Day of Mourning is “Remember the dead - fight for the living.”

It is an absolute honour to know that Canada was the first country that declared the 28th of April the annual day of remembrance in 1985 and the first country where this day was officially recognized by the government in 1991.  In 1984 Canadian Union of Public Employees (CUPE) started the Workers’ Memorial Day, which was declared annual a year later by the Canadian Labour Congress.  The day of April 28 was chosen because the Worker’s Compensation Act was passed this day in 1914.  The United States was the 2nd courntry to recognize this day in 1989.  In the States, April 28 is the day that Occupational Safety and Health Act went into effect, so this day was also historically important.  Since 1989, this day was accepted by trade unions in the North America, Asia, Europe and Africa and since 1992 it gained a major acceptance in the UK.  today it is officially recognized by the International Labour Organization (ILO) and the International Confederation of Free Trade Unions (ICFTU) as International Workers’ Memorial Day.  this day is also officially recognized in Argentina, Belgium, Bermuda, Brazil, Dominican Republic, Luxembourg, Panama, Peru, Portugal, Spain, Thailand andin Taiwan.  Benin, Czech, Finland Hungary, Malta, Nepal, New Zealand, Romania, Singaport and UK are pursuing their governments to recognize this day.  So as you can see, the 28th of April is a global initiative supported by thousands of people that fight for the rights of workers around the world.  If you are looking for a lawyer in Canada, lawyerahead.ca has the most comprehensive information on lawyers.

As we have mentioned in our previous blog posts, there are various types of personal injuries and this field has thousands of examples - still it is important to remember that most personal injury cases are usually settled outside the court or without trail.

We will begin examining the stages of a Personal Injury case in 7 stages.  Here is the 1st stage.

Stage 1:  Meeting with the Lawyer

Stage 1 - meeting with your lawyer

Every Personal Injury case starts by first meeting with the lawyer.  It is important to remember that only a professional lawyer can define the types of damages and compensation amounts.   Any other individual without experience nor knowledge in this field will not be able to help you nor do they possess the experience to classify the type of personal injury you might be facing. 

Usually in the meeting with the lawyer, the injured person begins by telling the lawyer all possible details of the accident.  The bigger the case is, the number questions tend to be higher and one can expect the meeting with the lawyer to go on for a longer period of time.  We have had many personal injury clients and as reported by them, they have had to meet with the lawyer for just 30 mins in some cases to over couple hours in other cases.  This is because, in the event the case goes to the court room, even the smallest detail can help you in your personal injury case. 

After the lawyer, or sometimes a team of lawyers , have gathered all the necessary details of the case, they will define to you the types of damages and compensation you can expect.  At this stage your lawyer will discuss with you the entire strategy for your upcoming case.

Stay tuned for the next stage  Stage 2 - Starting a Lawsuit!  Visit www.lawyerahead.ca to get help with your personal injury case.

Structured settlements are a useful means of award distribution in many cases. They can ensure years of financial security for a claimant and their family and lessen many income-related stresses (like mortgages). With this in mind, structured settlements are not always the best option and do have a downside.

Large purchases are made more difficult under structured settlements. One may decide it is necessary to purchase a new car or a home, requiring large, upfront deposits. Acquiring the means to progress with such a purchase beneath a structured settlement would involve consistent monthly budgeting to accumulate the down payment and for the purchase to not be an immediate need. Although most investments of this nature tend to fall into that category, life sometimes throws a curve ball that requires immediate action and ready funds.

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On the other hand, structured settlements are good at regulating a plaintiff’s consumerist behaviors. Like an allowance, these reduce the damage one can inadvertently do to themselves financially by controlling the flow of the award. With a lump-sum settlement, there is often the temptation to go on a spending spree, which inevitably leads to penury. Statistics show that most lump-sum award recipients spend the entire settlement within five years of receiving it. Although many people are responsible enough to invest wisely and self-regulate their lump-sum award, the controls imposed by a structured settlement avoids this issue completely.

“Cash for structured settlement” opportunities may be feasible when situations arise where a person needs to escape the choke hold of their structured settlement. The settlement recipient will most likely take a financial loss by selling their structured award to one of the many companies willing to buy, and sometimes, it may be reasonable to do so. Reasons may include mortgage resets, needs of a child, unforeseen hardships or anything requiring large amounts of money in a short amount of time. Consulting an attorney is always recommended before one chooses to sell a structured settlement. Selling may seem like the surest way to address a current crisis, but one’s lawyer or lawyers may have a subtler solution that is more in the client’s best interest.

Structured settlements are not for everyone. While they offer tax benefits and security, structured settlements lessen a recipient’s control over their own money. Taking into account all of the variables in one’s own life helps them decide the better path to take. Are there children involved? If so, a structured settlement may be a better choice. Is the recipient a savvy investor? In which case, a lump-sum award may benefit them more. Hashing over these and other specifics with a financial advisor will help decide if a structured settlement is best.

Injuries resulting from negligence are troublesome because of the emotional reactions of the injured party to the stresses presented by their current situation. This may cause them to act irrationally and could potentially cripple their chances of getting the settlement they deserve. Here are some Dos and Don’ts for any personal injury case.

Do get a lawyer. The first step in a negligence case should always be to consult with an attorney. Lawyers experienced in tort law and the specific type of negligence a client was affected by will be able to evaluate the merits of the case, how they should proceed, what damages were actually caused, and what the injured party is eligible to receive as compensation.

Don’t threaten whoever the tort suit is against. This may seem obvious, but many are tempted to forgo legal remedies and seek direct revenge. This is never a good idea. Making threats, especially toward a business, may end up irreparably hurting one’s case. Emotions run high in personal injury cases and it’s important to follow a lawyer’s guidance throughout the life of the case.

Do get checked out by a medical professional. A doctor can quantify the actual damage a patient has suffered. This may be something obvious that the injured party already knew they had, but it could be something more subtle and insidious. This benefits the case by putting realistic numbers in the place of mere speculation.

Having a medical professional explain what the recovery process clarifies the situation to a jury if the case goes to trial. Discovering that treatment for the injuries would require four years of physical therapy and an extended absence from work paints a more detailed picture of the hardships the plaintiff will endure - as opposed to simply, her ‘back hurts’. Fleshing out the nitty-gritty details by seeing a doctor will give the lawyer a point of reference for the severity of the injuries and what the claimant is entitled to.

Don’t preemptively take a settlement. In some cases, the offending party may contact the injured party with a settlement before the injured party has a chance to find out the true extent they have been damaged. It is difficult to turn down money right when the initial shock of hospital bills begins, but this is why the offending party offered a settlement in the first place. By taking a settlement at this stage, one is almost guaranteed to be selling themselves short. These arrangements usually entail a signed contract, promising that no future actions can be taken against the offending party. This eliminates any chance of compensation for future, unforeseen expenses. All offers made in these circumstances should be immediately disclosed to one’s attorney. An attorney will know if the client should disregard the offer or, in the rare circumstance of a good deal, if they should accept it.

These are only a few basic rules regarding personal injury cases. A personal injury lawyer will know what particular actions a client should take and which ones they should avoid in every unique case. An injured party is already, in fact injured, so it’s vital one does not compound damage by ignoring these fundamental principles.

We already wrote about the types of personal injuries and the possible compensations for them. It is not an easy field and some of the injuries require knowledge and experience that most lawyers don’t have. The best solution will be to find a personal injury lawyer and not just some personal injury lawyer, you need someone who has experience with your type of injury. He will not only inform you about your rights but also help you to protect these rights, because sometimes the insurance companies or the opposing side is not willing to pay for certain types of injuries. Also he will help to define the value, when the damage is non-monetary (loss of relative, emotional suffering, etc.).

When you start searching for attorney you need to keep in mind few simple characteristics like years of experience that attorney has, the law school that he had attended and if possible his personality. It will help you to avoid inexperienced lawyers (it is not a movie, so don’t wait for some genius courtroom solutions) and it will also to understand you attorneys personality and philosophy. If the case is complicated you will be spending a lot of time with your attorney and you will need to feel comfortable with him.

It is better to start search on the internet, advertisements and stuff are of course very good, but the important thing for you it the experience that a lawyer has and not his advertising budget or the ability to communicate with press. On the web you will be able to find some attorney directories or websites. It can be also useful to ask people on some local message boards. Be sure to keep in mind the type of damage that you have. There are various types of damages and you will need different lawyer for every type. It is wise to choose someone who has good experience with your type of injury.

On of the important things is to define how do you want to settle the case. It can be settled in the court or outside the court. If you decide to focus on the outside the court solution, you still have to remember that the lawyer must have some trial experience, if the case can’t be settled without trial. Knowing the experience of the lawyer and his success rate with or without trial will be vital for you, so don’t miss this when you choose a personal injury lawyer. It will be very useful if a lawyer belongs to some lawyer organization. If the organization is trustworthy, the lawyer will definitely be good. Also you will need to discuss the fees with the lawyer, many personal injury lawyers will work on a contingent fee basis. It means that they will receive payment for their services only if they recover money for you in settlement or court proceedings. It is probably the best choice for personal injury cases, but be sure to specify the fees and conditions on paper.

During winter months, it is common to be walking along the sidewalk and almost slip on a patch of ice. Most of the time, you would not think twice about this but in some cases, a small patch of ice can cause years of litigation.  Vier Guy is one example. She fractured her wrist and injured her head from a fall caused by some unattended ice. After suing the city of Toronto, the judge ruled Toronto was grossly negligent and required them to pay her over thirty thousand dollars in restitution. But have things changed?  Not really. The harsh winter snows of late have nearly doubled personal injury claims. The city refuses to plow certain sidewalks, some with large amounts of foot traffic each day.  Provincial law requires cities to maintain their sidewalks and holds them liable for any negligent injuries. An attempt to subvert this with city ordinances requiring homeowners to maintain the sidewalk in front of their house does not remove the city’s liability.

This leads some to believe it is cheaper for the city to deal with slip and fall claims than it is for them to properly maintain their sidewalks. This sort of cynicism removes the human element, regarding these cases amounting them to dollars and cents rather than to about the safety of its citizens. It may cost a bit more to plow, but it is more “right”.  Along with the ethical issues at play, eventually all the claims will add up. The frequency of claims is increasing. The damages awarded and legal fees the city must pay to handle these cases will eventually surpass the amount it would take to keep the sidewalks plowed making plowing not only more ethically sound, but fiscally.

Some lawyers make careers out of slip and fall cases. Personal injury suits tend to deliver high-dollar damage amounts and many settle out of court. One case involving a 68-year-old woman who had broken her ankle from a slip and fall, settled for over a hundred thousand dollars. A Lawyers commanding fees of as little as ten percent can find these sorts of cases quite lucrative when added all together. Finding a suitable lawyer for your slip and fall case can be easily done through lawyerahead.ca.

Deciding to file a negligence claim and hiring a personal injury lawyer is a difficult decision and to make it easier it is important to understand how the law looks at personal injury claims. The three parts of any negligence claim are: negligence, damage done by the negligence, and a casual connection between the negligence and the damage.

Negligence is not meeting the standard of care. For example, Susan was walking from her car to the grocery store. The sidewalk had iced over and she slipped and fell. The grocery store did not salt the sidewalk after it had iced over. This is not meeting the standard of care to its shoppers and negligence.
Damages are more loosely defined than negligence. Mental distress over the loss of pet has been used as an example of damages done. Physical injury, mental distress, or wide varieties of other factors that impede you from continuing with your life tend to be considered damages. In Susan’s case, after falling it was difficult for her to stand so she called in to her bartending job and they fired her.
The casual connection between the injury and the negligence is the last factor. This means that the negligence lead to the injury. In the slip and fall example, Susan called in to work because of her injured ankle. If her employer fired her because of this one-time call-in, the damages from losing her job have a casual connection to the negligence. Likewise, if Susan has performed poorly at her job for quite some time, making up excuses to miss work and leaving early, there is no casual connection between her slip and fall and the loss of her job, because it was going to happen anyway.

Once you understand the basic elements of a personal injury case, consult with a lawyer right away. Lawyers can explain the merits of your case and if your damages are “real” or frivolous and what you stand to gain from the lawsuit. If you feel you were injured due to negligence it is very important to proceed immediately. This will eliminate any potential for your case to be thrown out due to any time constrictions and ensure the events are fresh in your mind and the minds of any witnesses.

In 2006, an Ontario court awarded $2527 to Mr. & Mrs. Ferguson for mental distress related to the loss of an animal. The plaintiffs boarded their dog at a kennel and went on vacation. The dog squeezed through a fence and ran away. This caused Mrs. Ferguson to suffer insomnia and nightmares, which ultimately led her to taking time off work. The Fergusons successfully sued the kennel for damages, leading to an award of $2527 for the Fergusons- $1417 of which were general damages for pain and suffering associated with the loss of the dog.

Ferguson v. Birchmount Boarding Kennels Ltd. demonstrates the breadth of scenarios where personal injury law applies. These suits involve a party who seeks monetary restitution for the harm done by the negligence or actions of another. Myriad of situations arise where claims apply. Medical malpractice, slip and fall injuries, and car accidents tend to be the most common personal injury cases. In these cases, the plaintiff may be eligible for damages including: medical expenses, pain and suffering, mental anguish, lost wages, and a variety of other monetary compensations. Although this type of proceeding is relatively universal, the minutia of how the provincial laws regard personal injury claims varies.

Ontario is unique in that there is no caps on the contingency fees lawyers are able to charge their clients. Contingency fees are a percentage of the settlement that comes due after they win the case. These fees tend to range from 20% to 45% of the proceeds, depending on the complexity of the case. Contingency fees are advantageous to some who are not in a financial position to pay a lawyer’s retainer or hourly rate up front, allowing them to pay their legal fees on the backend, but less than ideal when the net settlement is taken into consideration. Although these fees may end up costing the injured party more in the end, without any other means to pursue legal action, they are sometimes necessary. These and other factors pertaining to a personal injury claim should be discussed with an attorney before filing a claim.

Consultation is an important first step to any successful personal injury suit. Many quality firms offer free consultations, but may require you to fill out a form. Find an attorney who specializes in personal injury. They can determine how strong your case is; they will know how to present your case in a convincing manner, and how much money you stand to gain.

Although there is no limit for personal injury awards, Ontario limits the general damages, which includes pain and suffering and loss of enjoyment of life, to $326,244. Originally $100,000, this figure adjusts with inflation. A qualified lawyer can accurately gauge how much in awards your case commands before ever setting foot in a courtroom.

Causes of brain injury can arise from a fall, a violent act and accidents. A simple fight in a bar to a horrific car accident are all known to cause physical trauma to the brain referred to as Traumatic Brain Injury. Traumatic Brain injuries are a major cause death around the world.

On a day to day we don’t think about how our brain works. Its a very complex organ with a network of billions of nerve cells that control our ability to learn, experience, think and direct movements and emotions. An accident causing direct impact to the brain can terribly upset the makings of these nerves and could cause major disabilities in the short term and long term. There are two types of brain injuries. First type of brain injury results immediately upon impact and another yet a secondary injury to brain develops over time as alterations in nerve cells, change in blood flow to the head are slow to impact the the brain but can cause significant disabilities down the road.

Recently we had a personal injury case posted on our website where our client ( a teacher) was looking for a personal injury lawyer to help her get settlement that caused brain injury as a result of an another car rear-end her car at a speed of 20 KM / hour. At the moment of the accident she did not notice the impact but just slightly disoriented. Over the next 2 days however, she started getting headaches, unable to eat normally nor sleep well. She posted her case on Lawyer Ahead Inc. and received responses from personal injury lawyers in Toronto that felt she could indeed get compensated for possible brain injury. The litigation is on going.

The point of the story here is that brain is indeed a complex organ. Even a rear end at 20 KM could cause damage to your brain in ways you cannot comprehend. If you have been in an accident of any sort but not sure if you should seek compensation, post your case at Lawyer Ahead and have lawyers in your area evaluate your case and contact you. Best part - this service is free of charge with us.