Month: December 2018

Why You Should Call a Lawyer Right Away If You’re Injured in an Accident

Accidents can be traumatic (even minor ones), and many people don’t know that they may be eligible for compensation. A personal injury lawyer can help you manage the sometimes confusing legalities and will fight for your rights. Knowing someone is in your corner during such a stressful time can provide peace of mind as you recover.

After an accident, always seek medical attention first and make your safety the top priority. The next step is to call a personal injury lawyer who will guide you through the legal process and fight for the compensation that you deserve.

Time Limits You Should Understand

In Ontario, you have seven days to report a motor vehicle accident to your insurance company, even if you’re not at fault. Failure to do so can result in the insurance company delaying your claim. (While Ontario has no-fault insurance, this simply means that each party’s insurance will handle its own client’s claims. Fault may still be investigated and could affect your policy, rates, and ability to claim further damages.) Regardless of fault, you may still be owed benefits and a personal injury lawyer can make sure that you get them.

According to the law, you also have:

  • 10 days to notify a municipality of a slip and fall accident.
  • 10 days to report a motor vehicle accident due to poor driving conditions on a highway.
  • 30 days to apply for accident benefits from your insurance company.

A personal injury lawyer is well versed in these time frames and will guarantee that they are met so you receive proper medical and financial assistance.

What to Do at the Scene of an Accident

Knowing what to do at the scene of an accident can go a long way toward proving liability later. While not always pleasant to consider, having an idea of what to do and what to expect will be beneficial in the long run.

Things to remember after a motor vehicle accident:

  1. Stay calm and don’t apologize. It’s not always clear who or what actually caused an accident, so refrain from apologizing. Saying “I’m sorry” could be construed as an admission of liability and used against you when determining compensation.
  2. Remain at the scene of the accident. Failure to do so could lead to charges filed against you.
  3. Report the incident. You are required by law to report the incident to police under certain conditions, such as damage exceeding a cerain amount, injury, or if you suspect that someone involved is guilty of a crime (e.g. DUI).
  4. Do not move anyone if there are injuries. Even if injuries are not readily apparent, seek immediate treatment from a doctor or paramedic. Injuries caused by direct impact (like those sustained in a car accident) could lead to long-term disability.
  5. Take pictures of vehicle damage, the accident scene, and any injuries you’ve sustained. Record and document as much of the scene as you can. Doing so will be beneficial later on and help your lawyer deal with the claims process.
  6. Call your insurance company as soon as possible after the accident. Visit the Financial Services Commission of Ontario for information on filing an insurance claim. It is best to retain a lawyer as early as possible so the lawyer can assist with the reporting as well.
  7. Call a personal injury lawyer. Call a lawyer soon after you’ve been treated, but don’t wait too long. Hiring a lawyer will ensure that legalities are handled in a timely fashion and he/she will represent you and your interests at every step along the way.
  8. Call or visit a Collision Reporting Centre within 24 hours. If you are involved in an accident that involves property damage, or if the police did not attend the scene of an accident involving injuries, you must notify the police. Filing a report can be done at a Collision Reporting Centre.

What to do if you’ve been involved in a slip and fall accident:

  1. Seek medical attention. Before doing anything else, get help. Make sure that you haven’t sustained injuries that could lead to long-term disability, particularly if you’ve hurt your back. Time is of the essence with spinal cord injuries, so take care of yourself first.
  2. Take notes and pictures of whatever hazard caused your fall. Your lawyer will need an accurate depiction of how the accident scene looked when you were injured. Take detailed pictures or recordings from several angles, and write down exactly how the area appeared at the time. If your fall was weather-related, you will need to show that outdoor conditions were a contributing factor. Weather varies day to day and sometimes changes very quickly, especially in winter; having documented proof of the presence of ice or snow at the accident scene can help your case.
  3. Get names and contact information of any witnesses.
  4. Wear proper footwear. Always take the proper precautions to reduce your risk of a slip and fall accident, including wearing appropriate footwear. A judge can decide that there is evidence of “contributory negligence” if you were not wearing the right shoes for the weather conditions or environment in which you fell. You may not be entitled to collect any damages if this occurs.
  5. Call a personal injury lawyer. Experts are there to help. A slip and fall that could have been prevented if a property owner or municipality had taken greater safety measures can lead to a lifetime of health problems. Know your rights and get the compensation you need and deserve.

Accidents Can Happen: Be Prepared

Accidents are unpredictable and we may not always be prepared to deal with the aftermath. Between the shock of the accident and the understandable emotion and hardship that accompanies it, it’s best to reach out to those who understand the law best. A personal injury lawyer by your side can ease your mind, and make a potentially difficult and painful situation much more bearable.

If you’ve been hurt in an accident in North York or Toronto, call the personal injury lawyers at Rooz Law. We will help you navigate the legal process and fight for the compensation you deserve. Call us at (416) 229-6000.

Spinal Cord Injuries: What You Need to Know

Without a doubt, a spinal cord injury is one of the most devastating things that can happen to a person. The repercussions of a spinal cord injury are far-reaching and life-altering. Even minor injuries can have a major negative impact, and navigating the healthcare and legal systems can be daunting.

Arming yourself with information is the most effective way to regain control over your life. By learning everything you can about your injury and your rights, you can become fully engaged in both your physical recovery and the legal process. Here is information that will help you understand your situation.

What is the spinal cord and why is it so important?

The spinal cord is a thick bundle of nerves that runs from the base of the brainstem to the lumbar region of the spine. It acts as an information superhighway for your body. Messages are sent along the spinal cord to all areas of the body, allowing it to perform a myriad of tasks every day.

The spinal cord is divided into four sections:

  • Cervical Spine: C1 – C8
  • Thoracic Spine: T1 – T12
  • Lumbar Spine: L1 – L5
  • Sacral Spine: S1 – S5

Any damage to your spine impacts your ability to function optimally. Traumatic spinal injuries can result in anything from irritating tingling sensations to quadriplegia.

How do spinal cord injuries affect your health?

If the spinal cord is the body’s information superhighway, then an injury would be like shutting down the road; the signals from the rest of the body to the brain are impeded. This can limit strength, mobility, and sensation below the trauma site. For example, if it occurs higher in the cervical spine, you could be paralyzed from the neck down. In the case of severe spinal cord trauma, the result is quadriplegia (paralysis in all four limbs). Damage further down the spine can cause lower limb paralysis, lack of bowel or bladder control, and/or loss of lower body sensation.

Needless to say, these injuries are considered severe and require months or years of therapy to regain movement and adapt to chronic limitation or pain. This is why understanding both your injury and your legal rights is imperative for your long-term recovery.

Types of spinal cord injuries

There are two categories for spinal cord injuries:

Traumatic: The result of an event like a car crash, sports accident, or a serious fall. Non-traumatic: The result of a cancerous tumour, inflammation, or infection.

Within these two categories, there are incomplete and complete spinal cord injuries, each presenting with different symptoms.

Incomplete: A person with an incomplete spinal cord injury usually retains some function. Incomplete spinal cord injuries are more common than complete spinal cord injuries partly due to better education on how to administer first aid to car crash victims. Some types of incomplete injuries include:

  • Anterior cord syndrome: This is a neurological condition characterized by trauma to the front of the spinal cord that damages the motor and sensory pathways. With anterior cord syndrome, sensation might be retained but mobility limitations may still exist.
  • Central cord syndrome: Central cord syndrome is the most common cord injury, in which nerve fibres carrying signals from the brain to the spinal cord are damaged. It can result in paralysis of the arms and hands, and sometimes partial impairment of the legs. Loss of bladder or bowel control, sexual function, or fine motor skills can also occur.
  • Brown-Sequard syndrome: This condition is caused by a spinal cord lesion. It causes paralysis or weakness to one side of the body and loss of sensation to the other.

Complete: A complete spinal cord injury happens when the spinal cord is severed and results in more serious complications. With rigorous long-term therapy and timely intervention, a complete spinal cord injury can heal to the degree that some mobility can be regained. Two of the more common complete spinal cord injuries are:

  • Tetraplegia (also known as quadriplegia): This is the most severe condition, resulting in varying degrees of paralysis of all four limbs. Those with tetraplegia cannot move their body below the trauma site. They may have difficulty with bladder and bowel control, respiration, and other normal functions. The higher on the body the injury is, the more severe the condition will be.
  • Paraplegia: This is a result of damage to the thoracic spinal cord. It impairs movement and sensation to the lower half of the body, including the legs. As with all spinal cord injuries, the outcome is more severe the closer the injury is to the top vertebrae.

How are spinal cord injuries treated?

Spinal cord injuries require treatment immediately. If you’ve been involved in a car crash or sports accident (of which approximately one-third of all spinal cord injuries are a result), remain still and avoid moving your spinal column. Prompt emergency care can increase your odds of both survival and recovery.
Once you receive initial medical attention, other emergency care will be administered, including:

  • Medication
  • Immobilization
  • Surgery

Once your condition is stabilized, your medical team will develop a rehabilitation plan that includes a spinal cord injury specialist, psychologist, social worker, and dietician. You will also require physical, occupational, and recreational therapies as part of your recovery.

Your rights

Motor vehicle accidents and falls account for the majority of spinal cord injuries in Ontario (roughly 40% per category), with many being the fault of another party. It’s important to understand the extent of the injuries, their short- and long-term impairments, and the kind of support required going forward. This information will help you and your personal injury lawyer seek damages and enable you to recover as fully as possible.

As the victim of a catastrophic injury, your compensation eligibility may include:

  • Pain and Suffering
  • Lost wages
  • Loss of earning capacity
  • Medical and rehabilitation bills
  • Personal and household care
  • Retraining if you are unable to return to work
  • Assistive devices such as wheelchairs and canes, and/or modifications to your home
  • Other out-of-pocket expenses
  • Short- or long-term disability benefits

If you’ve suffered a spinal cord injury as a result of a motor vehicle accident or a bad fall in the GTA, contact the personal injury attorneys at Rooz Law in North York at 416-229-6000. The sooner you call, the faster we can work to get the compensation you deserve.