Motor Vehicle Accident Lawyers in Kitchener

After a car accident, you should seek the advice of an experienced personal injury lawyer who can explain the workings of Ontario’s no-fault auto insurance system. One key thing you will want to ask the lawyer you speak to is how to start a claim for accident benefits so that you can begin to receive treatment for your injuries and an income replacement if you are unable to return to your occupation. The lawyer can also explain the various aspects of starting a lawsuit against the party or parties responsible for causing your injuries and the various heads of damages that you can seek to recover. Ultimately, speaking with a lawyer is an important step in making sure your future is secure.

If you are over the age of 18, you have two years from the date of loss to start a lawsuit. If you are younger than 18, you have two years from the date you turn 18 to start a lawsuit. There are some minor exceptions to this rule, which is why it’s important to speak with a lawyer.

Every case is different, and it depends on the specific facts of each case. Generally, when dealing with serious injury cases, a person will continue to recover for 18-24 months. It is after this period of recovery that the medical professionals involved will provide a prognosis for the future and describe all of the limitations associated with the injury. Armed with these medical opinions, we are able to assess the fair value of all of the damages in a serious injury case.

The claim for whiplash after an accident is the same as for any other injury. The first step is speaking with a lawyer and discussing the best steps to start a claim for accident benefits, and if necessary, a lawsuit for your damages.

For those that have suffered serious or catastrophic injuries, the answer is yes. You should take the opportunity to meet with an experienced personal injury lawyer for a free initial consultation to understand your rights and obligations following a car accident.

A traumatic brain injury is an injury that changes how the brain functions. The severity of traumatic brain injuries can vary from mild, moderate, and severe. Accordingly, a traumatic brain injury can lead to short term health problems, or permanent and severe problems that change the rest of an individual’s life.

A concussion is a form of traumatic brain injury. Concussions are typically caused by a hit or bump to the head (or body) that causes the brain to move rapidly back and forth. The sudden movement can change the chemical balance in the brain, and can cause damage to brain cells. Concussions are severe injuries, and any injury to the brain is cause for concern and attention. Suffering a concussion also makes you more susceptible to further concussions, and multiple concussions in a short period of time can lead to death.

Concussions can lead to headaches, ringing in the ears, nausea, vomiting, blurred vision, drowsiness, confusion, amnesia, loss of consciousness, sensitivity to light, depression, and other symptoms. Concussions can also lead to post-concussion syndrome, where any or all of these symptoms persist long after the typical recovery period.

Some of the most common causes of traumatic brain injuries are motor vehicle collisions, slip and falls, sports and recreational activities, assaults, and other events that cause the head or body to be moved quickly.

Some people are able to recover from less severe traumatic brain injuries through rest and reduced activity at home. More severe traumatic brain injuries can alter every aspect of a person’s life. They can lead to post-concussion syndrome, as well as more significant cognitive issues and motor function impairments. Minor brain injuries that are suffered by children can significantly impact their brain’s development.

One of the biggest challenges associated with traumatic brain injuries is that they are “invisible” injuries in the sense that they are not immediately apparent to an observer like a broken arm or an amputation might be. This can increase the difficulty in properly diagnosing a brain injury and delay finding the best treatment for that injury. This issue can also increase the challenges one faces when trying to navigate their injuries in public.

For all of these reasons, it is important to speak to a personal injury lawyer that has experience working with clients that have suffered a brain injury. Contact our office today, we are here to help.

An acquired brain injury is an injury to the brain that is not hereditary. There are two types of acquired brain injury: traumatic and non-traumatic.

A hypoxic-anoxic brain injury occurs when the flow of oxygen to the brain is disrupted. Oxygen is required for the brain to function properly, and when the flow of oxygen is cut off for an extended period of time, the brain can be severely damaged. Generally, the longer the brain is deprived of oxygen, the more severe the injury. These types of injuries can cause cognitive impairments, as well as impairment to physical and psychological functions.

If you have been in a car accident where you struck your head, or you are experiencing any symptoms of a concussion or brain injury, you should seek immediate medical attention.

Immediately following a traumatic event, emergency medical professionals may assess the initial severity of a brain injury by checking a person’s ability to follow direction, speak, and respond to physical stimuli using the Glascow Coma Scale. Medical Professionals may also use a CT Scan or MRI to obtain a detailed view of the brain following an injury. These scans can reveal bleeding, bruises, swelling, and other indications of trauma.

The value of every case is specific to the individuals involved and the injuries suffered. However, due to the often severe nature of traumatic brain injuries, the cases frequently involve significant compensation. If you have suffered a traumatic brain injury due to the negligence of someone else, you are entitled to make a claim to be compensated for your medical and other related expenses, your past and future income loss, your pain and suffering, as well as any future attendant care you may need as a result of your injury. If you or a loved one have suffered a traumatic brain injury it is important to contact an experienced personal injury lawyer to ensure you receive the full compensation you are entitled to.

If you have suffered, or if you believe you may have suffered, a traumatic brain injury due to the negligence of another party, you should contact a personal injury lawyer right away. An experienced personal injury lawyer will assist you in accessing immediate insurance benefits so you can receive the treatment and services you need without having to worry about your ability to pay. Your personal injury lawyer will also begin gathering evidence and expert opinions to ensure you receive the full compensation you are entitled to. Contact one of our experienced personal injury lawyers today if you or a loved one have suffered a traumatic brain injury.

Our firm has worked with the best rehabilitation facilities and individual providers in Ontario for over 20 years. We have created an extensive network of rehabilitation and medical professionals across the province that assist individuals with traumatic brain injuries, and we will work with you to find the rehabilitation team that is best suited to your individual injuries and location.

If you have suffered a traumatic brain injury, it is important that you have access to medical and rehabilitation benefits right away. If you were injured in an incident involving the use of a motor vehicle, we will assist you in accessing the accident benefits through your auto insurance policy, or the auto insurance policy of the vehicle that caused your injury. If your injuries did not arise from the use of a motor vehicle, we will assist you in accessing any insurance policy available to you to ensure your expenses are covered right away.

Contact our office today for a free consultation to discuss how you can be put in contact with our network of support.

If you or a loved one have suffered a spinal cord injury, you should speak to an experienced personal injury lawyer to discuss your next steps. Spinal cord injuries can be devastating and life altering. A good personal injury lawyer will assist you in finding a rehabilitation team that is right for you and make the process of obtaining adequate compensation as easy as possible.

The most common causes of spinal cord injuries are motor vehicle accidents, falls, acts of violence, and sports and recreation incidents. If you or a loved one have suffered a spinal cord injury, we are here to help. Contact our experienced personal injury lawyers today for a free consultation.

Incomplete spinal cord injuries are the most common form of spinal cord injury. With an incomplete spinal cord injury, an individual will likely have some degree of sensory and motor function below the site of the injury. The specific symptoms an individual will experience with an incomplete spinal cord injury depends on both the individual, and the area where the spinal cord is injured. Individuals with incomplete SCIs may experience chronic pain, weakness, and numbness. They may also recover some of their movement and function.

Complete spinal cord injuries occur when the spinal cord is fully compressed or severed. A complete spinal cord injury results in full paralysis on both sides of the body below the site of the injury. The individual will suffer a total loss of sensory and motor function below the site of injury.

For over two decades, our firm has worked side by side with the best rehabilitation facilities and individual providers in Ontario. We have amassed an extensive network of rehabilitation and medical professionals that have specific training and experience in the field of spinal cord injury. We will work with you to find the rehabilitation team that is best suited to your individual injuries and location.

The impact of a spinal cord injury can be tremendous and life altering, not only for the individual, but for their family as well. If you have suffered a spinal cord injury, you are entitled to claim compensation for your past and future medical expenses – including future attendant care if needed, your past and future income loss, as well as other expenses directly related to the injury. Additionally, you can advance a claim for your pain, suffering, loss of enjoyment of life and loss of amenities. You may be entitled to claim additional damages depending on your circumstances. The quantum of damages involved in spinal cord injuries can be very significant. Insurance companies will do their best to minimize how much they have to pay for damages. It is important to speak with a personal injury lawyer that has experience obtaining adequate compensation for individuals who have experienced a spinal cord injury. Contact our office for a free consultation today to get started.

A catastrophic injury is specifically defined under the Statutory Accident Benefits Schedule, which sets out the benefits available to those persons who are injured directly or indirectly by the use or operation of a motor vehicle. In Ontario, there is a higher level of statutory accident benefits available to an injured person when the injury or injuries they have sustained meet the definition of catastrophic impairment. If you suffer an injury in a motor vehicle accident, you can apply and be assessed for a determination of whether your injury qualifies as “catastrophic”.

The Statutory Accident Benefit Schedule defines catastrophic impairment as any one of the following:

• Paraplegia or tetraplegia
• Traumatic brain injury
• Blindness or a loss of vision of both eyes
• Amputation or severe impairment of the ability to move or use one arm or to walk independently
• Physical impairment or a combination of physical impairment that results in 55 percent whole person impairment
• Marked mental/behavioral disorder in three or more areas of function

It is important to note that the designation of a catastrophic injury is different for children than for adults with regard to brain injuries. This is because a brain injury in children may not be immediately apparent. For other injuries, including spinal injuries, blindness, loss of limbs, etc., children are evaluated for a catastrophic injury in the same way as adults. For more information about catastrophic impairment please read here.

When classified as having sustained a catastrophic impairment by your automobile insurer, an injured person has access to one million dollars over their lifetime for medical benefits, rehabilitation benefits, and attendant care benefits.

In addition to receiving benefits from your own insurer, an individual who has been seriously injured as a result of a motor vehicle incident may be entitled to sue the other involved party for damages. The tort system is designed to put the innocent injured party in the financial position that he or she would have been if not injured through a third party’s negligent act. Some of the heads of damages in a tort action include:

• Loss of past income
• Loss of future income
• Cost of attendant care and future care
• Housekeeping and home maintenance
• Special damages
• General damages for pain and suffering and loss of enjoyment of life

A person who receives a catastrophic designation from their insurer is entitled to claim up to a maximum of $1,000,000 over their lifetime for medical and rehabilitation benefits. Conversely, a person with a non-catastrophic designation is only entitled to claim $65,000 in medical and rehabilitation benefits over the 5 years following the accident. Hiring an experienced personal injury lawyer is essential in obtaining a catastrophic designation from your insurer. OHIP-funded health care for individuals who have been seriously injured in a car accident can be inadequate. OHIP does not cover treatment by physiotherapists, massage therapists, speech language pathologists, occupational therapists or psychologists, nor does OHIP fund medication, assistive devices or home modifications. In addition, the consequences of a serious injury can be life-long and have significant financial and emotional consequences. These needs and challenges will need to be addressed with the help of your lawyer.

Yes, our firm has a proven track record of helping injured victims who have sustained catastrophic injuries. For example of some of our successes representing seriously injured individuals, please see  our past results.

We take great pride in knowing that in addition to making sure our clients receive the best legal services in their lawsuit, our firm makes a commitment to every client to ensure that their medical and rehabilitation needs are also being cared for. McLeish Orlando Lawyers LLP has a network of medical and rehabilitation providers throughout the province that are very highly regarded and who are able to assist clients all over Ontario.

According to the Ministry of Transportation (MTO), a commercial motor vehicle is plated in Ontario, Mexico or the United and one of the following:

• Trucks with a gross weight or registered gross weight over 4,500 kg;
• Buses with a seating capacity of 10 or more passengers;
• Tow trucks; and
• Concrete pumps and mobile cranes (not including off-road mobile cranes).

In Ontario, commercial motor vehicles and their drivers must meet strict safety standards and follow all commercial vehicle-related regulations in the Highway Traffic Act. Police and transportation enforcement officers regularly inspect vehicles, and the penalties for unsafe vehicles or drivers are severe.

Safety inspections:

• safety standards certificates and annual/semi-annual inspections must be completed by a licensed motor vehicle inspection technician at an MTO inspection station
• preventative maintenance inspections must be part of an operator’s maintenance plan and schedule, and must be done by a qualified technician at prescribed intervals
• daily inspections completed by the driver or other person on behalf of the operator

Annual and semi-annual inspections:

Vehicles that require an annual safety inspection include:

• most trucks, trailers and converter dollies with a total gross weight, registered gross weight, or manufacturer’s gross vehicle weight rating of more than 4,500 kg.
• concrete pumps and mobile cranes (not including off-road mobile cranes)

Failed Inspections

If a vehicle does not pass an inspection, the owner/operator will be required to repair it and have it re-inspected before a safety standards certificate is issued.

Hours of Service – restrictions and requirements

Ontario has limits for driving time and minimum requirements for off duty time. Daily requirements mandate at least 10 hours off-duty in a day and no more than 13 hours of driving a day. There are also rules surrounding mandatory off-duty time and cycle requirements.

Due to the complexity of these types of cases, it is crucial that you consult with an experienced lawyer to maximize your chances of success and ensure your claim does not overlook crucial litigation steps. The operator, owner, and employer associated with a commercial vehicle will regularly be involved as parties or witnesses in a personal injury action stemming from the collision. Reach out to our motor vehicle accident lawyers for a free consultation.