Negligence Cases

Have you been Injured due to Somone's Neglignece?

By Matt Lalande | Hamilton Personal Injury Lawyer

Lalande Personal Injury Lawyers specialize in negligence cases that cause victim injuries and losses. Negligence cases are cases which involve civil wrongs – meaning that a person or company has caused foreseeable harm or injury to you or your property. If you have been hurt because of someone else’s negligence you may be entitled to compensation for your losses, both economic and non-economic.

From non-economic perspective, you may be entitled to compensation for your pain and suffering, your loss of enjoyment of life and loss of amenities. You may also be entitled to compensation for future health care expenses and health care costs and requirements that OHIP does not cover – such as wheelchairs, lifts or full time attendant care if you suffered a major injury such as a spinal cord injury.

From a work perspective, a negligent person or company (or their insurance company) that caused you harm could be liable for your loss of economic opportunity or loss of wages, both past and into the future. Contact a Hamilton Negligence Lawyer, we are here to help!

Types of Negligence Cases we Handle

Our law firm specializse in negligence cases, particularly involving personal injury and wrongful death.  We regularly handle cases such as (but not limited to):

Birth Injury and Medical Negligence: Birth injury cases often involve many different types of medical conditions which can leave a baby with varying degrees of disability for the rest of this/her life, such as

• Hypoxic Ischemic Encephalopathy
• Developmental Delay and Brain Injury
• Brachial Plexus Injury – which is a network of nerves that start in the spinal cord and control movements in the shoulder, arm, and hand.
• Cerebral Palsy
• Paraplegia & Quadriplegia
• Chemical Birth Defects
• Labor & Deliver Problems
• Erb’s Palsy
• Spinal Cord  Trauma
• Shoulder Dystocia
• Microcephaly

Slip and Fall Cases – these types of cases can involve unacceptably slippery conditions where a person slips and falls on such things as liquids, food, ice or other debris.  Slip and fall accidents normally happen when property owners fail to take reasonable care of their property and fail to put procedural safeguards in place.

Trip and Fall Cases – we typically handle trip and fall negligence cases when people trip and fall over uneven trip ledges, uneven sidewalks, cracked sidewalks, cracked or uneven curbs, cracked or uneven asphalt, stairs that are too high, stairs that are too low, unlit stairwells, unlit stairs, stairs or ledges that do not meet the Ontario Building Code, potholes in parking lots and/or potholes are frozen over.

Dog Bites and Animal Attacks – if you have been attacked by a dog in Ontario, strict liability applies. This means that liability is undisputed. The owner of a dog is strictly liable for the injuries caused to you by their dog. O

Nursing Home Abuse – Nursing home negligence or abuse cases can be caused by physical, sexual, mental, emotional, neglect or financial abuse.

Swimming Pool and Drowning Accidents – Owners of pools in hotels and resorts as well as private backyard pools have a responsibility to provide a reasonably safe environment for kids. When they don’t serious accidents can happen resulting in brain injury and or death.

Hotel and Resort Injuries – which may involve such injuries as slip and fall, elevator injuries, diving accidents, bus or shuttle accidents and pool drowning.

Assault and Battery – If you were the victim of assault, battery or sexual assault you may be entitled to monetary compensation for your physical and emotional injuries.

Burn injuries and Disfigurement – Burn injuries, often result from product defects, aviation accidents, assault, flammable materials, gas explosions, propane explosions and car accidents, house, hotel and apartment fires. Burn injuries can ruin skin elasticity, cause terrible pain, disfigurement, skin graft surgeries, wreck hair follicles, destroy sweat glands, prevent movement and cause breathing impediments.  Severe burns can be life-altering, and even call death.

How is negligence determined?

If you have been hurt, you might have heart your lawyer mention a “tort claim.”  An injured or hurt person may file a tort claim (a lawsuit) in Court against the person that caused them harm to recover compensation for the injury. It is important to note that the degree of “proof” required is different for criminal and civil cases. In a criminal case, you might have heard on television that an accused person must prove “beyond a reasonable doubt”, while in a civil case (tort claim or a lawsuit) the plaintiff needs to prove the facts at a lower standard – on a balance of probabilities.

A tort can be intentional or unintentional. Intentional torts are torts that interfere with the person, such as assault and battery or defamation.  By contract, many injuries that happened to people are not the result of intentional actions but rather are sometimes unintended and simply involve a failure on a defendant to act the way an ordinary, reasonable person would act in the particular situation that caused the injury.

We never charge for consultations or upfront fees.

We understand that the last thing you need is a legal bill after suffering a serious injury or losing a loved one. At Lalande Personal Injury Lawyers our personal injury and disability conversations are always free and we never ask for money upfront. Call us today Nationwide at 1-844-LALANDE or local in the GTA Hamilton area at 905-333-8888 and we would be happy to speak to you about your specific situation.