Hamilton Personal Injury Lawyer

Two of the most common causes of collisions in Ontario are distracted driving and driving while under the influence.

Distracted driving is driving while engaging in any activity that results in the driver’s attention not being on the road. Common sources of distracted driving include passengers in the vehicle, the use of smartphones or cellphones while driving, or the use of the in-dash entertainment panel of the vehicle while driving.

Laws changed in recent years to specifically make it illegal to drive while texting or using a handheld device. However, many people continue to engage in this dangerous – and unlawful—practice of distracted driving.

Another common cause of car accidents in Ontario is driving while under the influence of drugs or alcohol. It is illegal to get behind the wheel while under the influence of any substance, as intoxication slows an individual’s reaction times and makes them less capable of responding to changes in road conditions or reacting quickly enough to prevent accidents. Drunk driving crashes are 100 percent preventable, and those drivers should be fully accountable for any harm they cause.

Some additional causes of car crashes in Ontario that might lead to personal injury liability include:

• Speeding
• Aggressive driving
• Driving while drowsy
• Failing to obey traffic signals
• Improper turning or passing

Drivers make mistakes, but when those mistakes or poor decisions cause injuries to others, a personal injury claim should follow.

In Ontario, pursuant to the Accident Benefits Schedule, catastrophic injuries are defined as injuries that result in a severe impairment or a combination of impairments that significantly affect an individual’s ability to function. The types of catastrophic injuries include:

1. Paraplegia or Quadriplegia: Paraplegia refers to the loss of movement and sensation in the lower half of the body, typically resulting from spinal cord injuries. Quadriplegia, also known as tetraplegia, refers to the loss of movement and sensation in all four limbs, often due to a spinal cord injury at the neck level.

2. Severe Impairment of Ambulatory Mobility: This refers to injuries that significantly impair an individual’s ability to move and walk independently.

3. Loss of Vision in Both Eyes: This refers to injuries that result in total blindness in both eyes.

4. Traumatic Brain Injuries: These are injuries that result in severe and permanent impairment of brain function, affecting an individual’s cognitive, physical, and emotional well-being.

5. Amputation or Impairment Causing Total and Permanent Loss of Use of an Arm or Leg: This refers to injuries that result in the loss of a limb or the loss of function in a limb, significantly affecting an individual’s mobility and independence.

6. Physical Impairment or Combination of Physical Impairments that Results in 55% or More Impairment of the Whole Person: This refers to injuries that result in a combination of physical impairments that together significantly affect an individual’s ability to function.

7. Mental or Behavioral Impairment, Combined with a Physical Impairment, that Results in 55% or More Impairment of the Whole Person: This refers to injuries that result in a combination of mental or behavioral impairments and physical impairments that together significantly affect an individual’s ability to function.

Slip and fall accidents can cause surprisingly serious injuries, and they often happen in retail or commercial locations. When you are a customer of a business, the business must ensure that the grounds of the business are safe for the customers they invited in to shop or dine.

Whether you are at the mall or in a restaurant, the commercial location must keep the walkways free of hazards and effectively warn of any hazards while offering alternative routes in the event there are dangers. When you slip and fall because a hazard exists in a business or on someone else’s property, the company or property owner should be liable for your lost income and other losses.

Insurance companies and the lawyers of the liable party do not work for you and do not have your best interests in mind. You might think that if you have a valid claim, the insurance process should be fairly straightforward, though this is rarely the case. Insurance companies benefit by paying you as little as possible, as quickly as possible, to minimize the amount paid out and maximize profits.

Insurance companies have experienced and trained adjusters and investigators on their side, and if you are attempting to collect your damages on your own, you are naturally at a distinct disadvantage. A personal injury lawyer is an advocate for your best interests who knows how the insurance companies handle injury claims, so having the right representation gives you leverage against the insurer.

Some ways our lawyers help during the claim process include:

• Determining all liable parties and filing all of the necessary insurance claims
• Gathering and presenting the evidence needed to support your claim
• Reviewing settlement offers and negotiating for a higher settlement, which is usually necessary
• Taking your case to court if the insurance company does not make a fair offer

Beyond helping you to make the most of your compensation, a personal injury lawyer also eases your stress during this process. We focus on negotiating your settlement and handling every aspect of the claim, which allows you to focus on your recovery and getting on with your life.

Your personal injury lawyer steps into your shoes in terms of all negotiations, phone calls, emails, other communications, and evidence collection. The filing of your claim can require extensive paperwork and investigation, and a personal injury lawyer knows how to handle this process to best support your case and how to process your claim as efficiently and effectively as possible.

With our Hamilton personal injury lawyers on your side, you rest assured that we are working for you while you attend all of your treatment appointments, take the recovery time you need, and attend to your mental recovery.

If you suffered injuries in any type of accident, whether you have a sprained wrist or a catastrophic brain injury, you deserve full compensation from any party responsible for your accident. Moreover, you deserve to have legal representation by a team that always has your back, and you can trust we are always working for the best possible outcome in your case.

Following an accident and injuries, contact Lalande Personal Injury Lawyers for a no-cost consultation as soon as possible. Our Hamilton personal injury lawyers are standing by.

Talking to a personal injury lawyer should always be free. We would suggest that you meet several personal injury lawyers and then choose the best fit for you in terms of experience with your particular case – but more importantly, choose whem you feel the comfortable with.

It’s important that you hire a personal injury lawyer as soon as possible. Early on, your lawyer can make sure that all your costs and needs are paid for upon your return home – such as modifying your home, equipment, caregiving, transportation, attendant care, help managing your medications, physical therapy, speech therapy, skin bladder and bowel care or other required therapies that you may need.

The usual fees vary between 20% to 30% of your settlement – BUT – it’s important to understand that if successful in a settlement or Court verdict, the insurance company will contribute to a good portion of your legal fees.

In most cases, yes. Make sure you understand the billing process and get all your questions answered. Also make sure you have the agreement in writing.

If you suffered serious injuries, you will require compensation to help place you in the position you were in before the accident.  You will require compensation to assist with your pain and suffering, your lost wage losses, your ongoing rehabilitative care, help around your home and compensation for your family members.  You need to hire a personal injury lawyer that has experience dealing with insurance companies to make sure that you and your family are taken care of financially.  Remember, insurance companies make a profit by minimizing the amounts they payout on personal injury claims. They are NOT your friend.

Since 2003, we’ve helped hundreds of families secure  over $50M in compensation for people that need it most .  Every case is unique. Our experience negotiating with insurance companies and government agencies guides every decision we make in handling your case.

Many injured people do not contact a lawyer because they think they can’t afford one. Our firm works on a no-win-no fee firm. This means that we accept personal injury and disability cases in Ontario on contingency and are only paid once we win your case.  Your fees with our firm will be a percentage of your settlement or Court award. This give you access to justice, regardless of financial resources.

When hiring a personal injury lawyer, it’s not easy making the right choice – but choosing the wrong lawyer can be devastating, since you only have once shot at advancing your case. Consider asking the following:

1. How many trials have you done?
2. What is your record of success?
3. What is your fee agreement?
4. Do I need to go to Court?
5. How long does a typical case take?
6. Will you be personally handling my case?
7. Will this case cost me anything?
8. How many cases like mine have you handled?

Unless your have suffered devastating injuries, such as paraplegia or quaderiplegia, odds are that it is too soon to tell. If any personal injury lawyer provides you a promise to recover a certain amount of money, we would recommend getting a second opinion. We need to know the absolute extent of your maximum medical recovery since the extent of injuries tend to change over time.

It is not possible to determine early on whether or not you will need to go to Court. While most serious personal injury cases do settle so that everyone can avoid the shockingly high costs of trials, trial do happen if there are issues that need to be determined. We will keep you updated as we progress, but it is simply not possible for a lawyer to rightly know so early on in the case.

There is a cap in Canada – which currently for 2022 is about $450,000.00. But then you can additionally claim income loss and other claims to help you in the future.

It’s not easy – we recommend sitting and speaking with a few lawyers before you decide. When you choose your lawyer, consider that:

• a good personal connection between you and that lawyer is critical;
• you feel like you will not be just another case;
• the lawyer should be local or close by;
• the attorney should have trial experience;
• the lawyer is specialized in personal injury law;
• the lawyer has a good reputatation and
• make sure they will be personally working on your case.

Every personal injury case is different so the amount of time it takes to get to the end of a case can vary. Some personal injury cases can go to trial while some are settled out of court. We always tell our clients that the reason personal injury cases take so long is because we are combining busy systems together – i.e. legal, judicial, medical and insurance. If you have suffered serious injuries, your lawyer should never settle your personal injury case prior to the one year mark under any circumstances. Most cases take from 1 to 3 years.

Of course, we have clients all over southern Ontario, and as far North as Sudbury. If you have suffered a life changing injury, a loved one has lost their life unecessarily or you have been denied disability benefits, we will always be gald to help.

Think of in terms of different categories – which we call heads of damages. If you have suffered a serious injury, you can normally claim compensation for pain and suffering, loss of enjoyment of life, loss of amenities, loss of past wages, loss of future wages, loss of housekeeping capacity, claims for future health care expenses outside of what OHIP covers, as well as claims for rehabilitation expenses such as for rehab expenses, care workers, assistive and hygienic devices, home and vehicle modifications ect.

A good personal injury settlement depends on many factors, including the range of damages negotiated for your pain and suffering, loss of enjoyment of life, loss of amenities, past and future wage losses, the amount of future care you require, the amount housekeeping assistance you require and the losses suffered by your family members.

It is very important that you hire a local personal injury lawyer. It’s important that you can visit your lawyer’s office, sit and talk with your lawyer without having to drive long distances and more importantly, you personally know the lawyer working on your case.