Tag: compensation

Understanding more about crash

On behalf of Rooz Law posted in Car Accidents on Wednesday, December 17, 2014.

Residents in Canada may benefit from the costs people pay for medical injuries caused by car accidents. In the event of a crash, the automobile insurer may be required to pay for non-professional health care services, including community support services and homemaking, personal support or attendant care services. Some of the activities related to daily living include assistance with preparing meals, housing cleaning, laundry and assistance with personal hygiene.

The Ministry of Health and Long-term Care may cover costs related to air ambulance, mental health facilities, hospital services and medical expenses. Professional in-home health services like nursing, social work, nutritional services, speech-language pathology, occupational therapy and nursing may be paid for as well. The people who need these services typically include the elderly, those with acquired brain or closed head injuries or those with serious physical injuries. The services are typically provided at a community setting, like a nursing home, at the accident victim’s home.

The ministry may require accident victims to exceed the maximum limits before officials consider funding the services. Some of the community support services that automobile insurers typically account for include transportation and meals, social recreational services, home maintenance, and repair and caregiver support. Accident victims are advised to be aware of which organization is responsible for paying for health care services in the event of an accident.

People injured in car accidents may benefit from contacting a lawyer about filing a personal injury claim against the person responsible for causing the crash. Plaintiffs in these cases may be entitled to receive restitution that can help account for medical expenses, repair costs, loss of income and other ensuing hardships. In order to receive compensation, plaintiff’s lawyers may need to prove that the defendant accused of causing the accident was culpable due to driver negligence.

Source: Ministry of Health and Long-Term Care, “Who Pays for Health Care: Injuries from Motor Vehicle Accidents”, December 16, 2014

Toronto woman killed in Highway 401 crash

On behalf of Rooz Law posted in Car Accidents on Wednesday, December 10, 2014.

The Ontario Provincial Police say that slick road conditions may have caused a collision involving two vehicles that claimed the life of a 38-year-old woman during the early morning hours of Dec. 3. The Toronto-area resident had been a passenger in an SUV driven by an 18-year-old Woodbridge woman. The car accident took place on Highway 401 in Leeds County at approximately 5 a.m.

According to an OPP representative, the teen lost control of her vehicle as it proceeded eastbound on Highway 401 in Elizabethtown-Kitley. The vehicle is said to have spun out of control, striking the back of a truck near Sharpe’s Lane. Emergency services personnel pronounced the passenger of the vehicle dead at the scene, and they transported the driver to an area hospital for treatment by ambulance. She is expected to recover from her injuries. The truck driver escaped the accident without injury.

Highway 401 was closed to both eastbound and westbound traffic after the accident as rescue and maintenance workers went about their duties. The weather caused a number of problems for drivers in the area, and OPP officers were also called to a collision involving multiple vehicles near North Augusta Road in Brockville.

Authorities in Ontario warn motorists every year about the dangers of winter driving. Many such collisions occur each year due to drivers failing to adapt to slippery road surfaces. Families who lose a loved one due to the negligent actions of others often face severe financial difficulties when a relied upon source of household income is lost. However, a personal injury lawyer could file a wrongful death lawsuit on their behalf. This litigation may seek compensation for dependent family member’s lost income and expenses such as burial costs.

Source: Ottawa Citizen, “One dead after car spins off Hwy 401 near Brockville, hits truck”, Vito Pilieci and Alison Mah, December 03, 2014

Providing effective advocacy in product liability issues

On behalf of Rooz Law posted in Product Liability on Friday, December 5, 2014.

If you’ve been injured or your property has been damaged because of a defective product, you may be able to pursue compensation for your losses. Serving clients in Toronto and the surrounding areas, our team of experienced personal injury attorneys are effective advocates when it comes to the rights of consumers regarding product liability claims.

When it comes to the issue of product liability, a plethora of services and products can lead to various injuries and damages. We understand each client has unique circumstances surrounding a claim. Whether your injury involved a defective vehicle, drug, home appliance or any type of equipment that was incorrectly repaired, our goal is to ensure that your rights are fully protected through our effective litigation procedures.

A case begins with an analysis in order to determine the party who may be responsible for your losses. Liable parties may include companies or service technicians who repaired, cleaned or maintained the particular product in question, the product’s manufacturer, vendors who sold the defective product or provided poor quality parts for the product.

Our attorneys have a thorough understanding of product liability laws and your rights along with the skill to negotiate a resolution with companies who try to deny liability for damages. In some cases, they may claim that they are not liable for damages caused by a product that was incorrectly repaired or maintained.

As a consumer, you have a right to be protected for faulty products and services that you have paid for. If you’re seeking information on what you should do after suffering damages from a defective product, please visit our page on product liability.

Source: Rooz PC Law, “Product Liability Lawyer For North York”, December 04, 2014

What to do after an auto accident in Ontario

On behalf of Rooz Law posted in Car Accidents on Wednesday, November 26, 2014.

Many Ontario residents believe that an emergency call should be made after any motor vehicle collision, but this is not required in many cases. Motorists should call 911 if the accident was caused by a motorist violating criminal law, when motorists or pedestrians have been injured or when the vehicles involved have sustained at least $1,000 of damage. A common violation of criminal law that would necessitate an emergency call is driving while impaired by alcohol or drugs. Motorists should call a local police number after less serious collisions.

The first thing that an Ontario resident should do after a car accident is pull over. A driver may face severe penalties for leaving the scene of an accident even if nobody was hurt and the amount of damage was minor. Drivers should not attempt to move injured individuals unless the situation is extreme. However, clearing the roadway of vehicles and debris is recommended in most cases, but it is always a good idea to take photographs of the scene with a cellphone before anything is moved.

Once the risk of further injury or damage has abated, motorists should turn their attention to gathering information. The names and insurance details of all drivers involved should be noted as well as the names and contact information of any witnesses. It is important that motorists try to remain calm at all times. Accidents caused by reckless drivers might provoke an angry reaction, but this rarely improves the situation.

Those who suffer injuries in an auto accident may pursue civil remedies if the driver responsible acted negligently. A personal injury lawyer could help a victim seek compensation for his or her property damage and lost income by filing a lawsuit against the negligent motorist or insurance provider.

Source: Financial Services Commission of Ontario, “What to do After an Auto Accident”, November 25, 2014

The benefits of insurance after a car accident

On behalf of Rooz Law posted in Car Accidents on Thursday, October 2, 2014.

Being injured in a car accident can be physically, emotionally and financially burdensome. Ontario law provides some financial relief through the Statutory Accident Benefits, which insurance companies are required to offer in standard policies.

Whether or not a driver is at fault in a car accident that causes injury to others, Statutory Accident Benefits allow the driver to recover compensation for certain damages. These benefits might include payments that replace lost income, caregiver compensation if the driver is unable to continue caring for a family member, and compensation if the driver cannot do everyday activities and is not eligible for replacement income or caregiver payments. Other expenses that the driver may be reimbursed for include travel expenses for family members who visit during treatment and recovery, home maintenance, housekeeping, lost educational costs, and replacement or repair of damaged items in the accident. Additionally, the family members of the driver could be eligible for death and funeral benefits if the driver dies in the accident.

While these benefits apply to drivers who are insured, drivers who are not at fault and do not have insurance coverage may be entitled to accident benefits. They can fill out the Accident Benefits Application Package and send it to the insurance company that covers the at-fault vehicle. If the vehicle is uninsured, the drivers might receive benefits under the Motor Vehicle Accident Claims Fund. In such cases, the MVACF files a legal claim against the uninsured driver who was at fault in the accident to recover the paid compensation.

Passengers who are injured in traffic collisions could also be eligible for accident benefits whether their names are on the insurance policy that covers the vehicle in which they were riding. Likewise, pedestrians who are involved in crashes may receive compensation from the vehicle insurer. Victims who need help navigating the claims process may receive guidance from a lawyer.

Source: Financial Services Commission of Ontario, “After an Auto Accident: Understanding the Claims Process”, September 30, 2014

HP power cords recalled due to possible fire hazard

On behalf of Rooz Law posted in Product Liability on Wednesday, September 3, 2014.

Ontario residents may be interested to know about a recall issued by Hewlett Packard Aug. 26 for certain notebook power cords that could potentially overheat and cause a fire. Hewlett Packard has received 29 reports of cords overheating and two reports of minor burns. They also have received 13 reports of minor property damage associated with use of the cords. One confirmed and one unconfirmed report of overheating has been received in Canada. However, no injuries have been reported to Health Canada related to use of the cords.

Courts agree to auto recall settlement

On behalf of Rooz Law posted in Product Liability on Monday, March 24, 2014.

Ontario residents who have been following the news concerning the Toyota recalls may be interested to know that four provincial courts have agreed to a proposed settlement with the company. According to the terms of the agreement in this product liability case, Toyota has agreed to provide $600,000 in scholarship funds to five engineering schools and reimburse plaintiffs for a number of the costs they incurred throughout the course of litigation. In addition, many affected Toyota owners can expect to receive up to 10 years of coverage for some vehicular component maintenance and repair procedures as well as a complementary brake system upgrade.

Distracted driving in Toronto

On behalf of Rooz Law posted in Car Accidents on Wednesday, January 14, 2015.

Distracted driving has become a serious problem for Toronto motorists. When a motorist becomes distracted, they are at greater risk for becoming involved in a car crash. Cell phones and texting have been found to be a significant source of distraction, especially for younger or less experienced drivers.

A driver is considered to be distracted when they voluntarily divert their attention away from the road in front of them and by focusing on another activity that is not associated with driving. While the focus regarding distracted driving was initially on cell phones, the number of activities that are considered to be distracting have grown. Some of these distractions can include radios and other entertainment systems, navigation systems and multifunction controllers. Additionally, other passengers can also be a distraction to drivers.

In response to numerous reports demonstrating that texting via cell phone is dangerous while operating a vehicle, some drivers have turned to hands-free texting devices. In a 2011 study, however, it could not be concluded that hands-free devices were less risky to use while driving than traditional cell phones. However, a 2013 study demonstrated that hands-free devices were no safer than traditional texting methods as drivers often become distracted by the conversation they may be having.

There are Toronto motorists who take safe driving very seriously. However, car accidents can still occur if other drivers decide to text and drive. If someone suffers serious injuries that were caused by a distracted driver, the injured person could potentially file a personal injury lawsuit against the liable driver. A lawyer may assist the plaintiff with determining the full extent of the damages that were sustained, including their total medical costs, any income that was lost due to their injuries and compensation for pain and suffering.

Source: Traffic Injury Research Foundation, “Driver distraction and hands-free texting while driving ,” Daniel Mayhew, Robyn Robertson, Steve Brown and Ward Vanlaar, accessed Jan. 10, 2015

11-year-old girl is dead following 2-car collision

On behalf of Rooz Law posted in Car Accidents on Wednesday, January 7, 2015.

Ontario Provincial Police continue to investigate a head-on collision in Norwich Township that claimed the life of an 11-year-old girl on Jan. 3. Following the crash, reports indicate that the child was rushed to hospital where she later succumbed to her injuries. Six additional people were also hurt in the fatal two-car accident, and they were transported to hospital by ambulance and treated for non-life-threatening injuries.

The incident occurred on Norwich Road between County Road 13 and Middleton Line. The OPP responded to the call at approximately 4:40 p.m., and the road remained closed for more than four hours while police and emergency crews worked the scene. At press time, the OPP Technical Traffic Investigation Team is assisting authorities with the ongoing investigation.

Few additional details about the fatal crash are available. Investigators say that the driver of a car traveling westbound on Norwich Road lost control of the vehicle, entered the eastbound lane of the roadway and collided with an oncoming SUV. The minor child who was killed in the wreck was a passenger in the SUV.

When family members die in car accidents due to the negligence of other parties, no amount of money can ever change the tragic chain of events or replace the lives that were lost. However, individuals who seek financial compensation for their losses through wrongful death claims may be able to find some degree of closure in requiring at-fault parties to be held responsible for their choices.

Because insurance companies may represent their own clients’ best interests when negotiating a settlement, individuals who have suffered a catastrophic loss may find it beneficial to seek help from a lawyer in pursuing a claim. The lawyer could assess the full extent of the loss, prepare the paperwork and represent a claimant in court if insurers are unwilling to agree to a fair settlement.

Source: AM980, “OPP Investigating Fatal Crash in Norwich Township”, January 04, 2015