Benefits Available To Fatal Accident Victim’s Families

Statistics revealed by the 2015 Transport Canada’s National Collision database show that 945

people were killed in traffic accidents while a total of 54,430 were injured across the country. At

the time those statistics were published, the estimated total cost of these accidents was

approximately $11 billion. Whether it involves a defective product, motor vehicle, or a slip and

fall accident, losing a loved one can devastate a family emotionally and financially.

According to Ontario’s Family Law Act, Section 61(2), family members may be entitled to

compensation when a loved one has been killed or seriously injured in an accident and can sue

for damages. The law applies to residents of Barrie, Orillia, Stouffville, and any other city in

Ontario Province. There are two avenues for filing a claim for benefits when a loved one is

killed in an accident. You can either file with your own insurance company or the insurer of the

responsible party.

Unfortunately, most insurance companies are looking out for their own interests and not yours.

They will typically low-ball a settlement offer in order to keep expenses to a minimum. On the

other hand, a personal injury lawyer will have the experience and expertise to deal with the

insurance companies in order to protect an injury victim’s family’s best interests. They know

how to litigate or negotiate for the best settlement possible in these situations.

Additionally, the right personal injury lawyer will serve as a buffer for the victim’s families during

this difficult, emotional time. When family members sue for damages under Ontario’s Family

Law Act, they could recover:

Actual benefits expenses incurred for the deceased or injured individual

Actual reasonably incurred funeral expenses (deceased individual)

Compensation the individual may have been entitled to for their injuries had they survived (e.g. loss of care, companionship, and consortium)

Housekeeping, nursing, and other related services that the claimant incurred for the injured individual

Travel expense allowances that were incurred when visiting the injured person while they were undergoing medical care and recovery in a Barrie, Orillia, or Stouffville clinic or hospital

Keep in mind that death benefits were intended to help family members recover funeral

expenses and loss of income as well. Furthermore, family members could recover other

expenses such as home maintenance and lawn care. Basically, these benefits are meant to

provide financial stability to the victim’s family members.

It goes without saying that this is one of the more complex areas of family law. The process of

filing for death benefits or personal injury claim can be confusing and difficult to understand. If

you have recently lost a loved one in an accident or they have been permanently disabled by

their injuries, you should consult with a personal injury lawyer in Ontario, immediately to ensure

your rights are protected under the Family Law Act. they will be able to handle your case to the

best of their abilities.

Should I Hire a Personal Injury Lawyer after a Slip and Fall Accident?

Many individuals have numerous questions after they have been injured in a slip and fall

accident, one of which is whether or not they should contact a personal injury lawyer. If your

injuries resulted from the negligence of a company, government agency, or person, then you

should probably consider making that call. Unlike motor vehicle accidents where the at-fault

party can be identified relatively easy, slip and fall accident cases are considerably more

complex.

In these types of cases, the insurer of the at-fault or negligent party is reluctant to admit that

their client is liable unless they have legal representation. If you’ve been injured in a slip and fall

accident in Barrie, Orillia, or Stouffville, you’re not going to get very far without the legal

representation of a personal injury lawyer. Having legal representation not only increases your

chances of winning your claim and being compensated for your injuries, it also ensures that

your rights will be protected throughout the legal process.

Furthermore, a personal injury lawyer knows how to establishing and maintain open

communication with the insurer. This is essential to any personal injury case if you want to

achieve a fair and reasonable settlement that both parties can agree on. Even in the most

minor of cases, a personal injury lawyer knows the factors that can negatively or positively

impact the outcome of your claim as well as the settlement that is reached. So it is always wise

to contact a lawyer whenever you’ve been injured in an accident.

A key consideration in slip and fall accident cases is proof of liability. In other words, did the

defendant’s negligence cause your injuries? By proving liability, it puts your case in a better

position for achieving a settlement or taking it into the courtroom. With the help of your lawyer,

you’ll have a better chance of proving negligence on the defendant’s behalf and that you

sustained your injuries as a result of that negligence. This brings up another reason to consider

hiring a lawyer, namely their investigative abilities.

Barrie, Orillia, and Stouffville injury lawyers do a thorough job investigating the causes of slip

and fall accidents and can determine if their findings constitute negligence. These types of

accidents happen unexpectedly without warning and injury victims often have a difficult time

remember what happened prior to and after their accident. You may well remember slipping on

that wet floor or tripping on that uneven sidewalk, but did you remember seeing what caused

you to slip or trip?

All of these factors can impact the way in which your personal injury lawyer handles your case

and the outcome of it. However, having all the answers and factors up front will give you a

better chance of settling your case out of court. However, your lawyer will know best about

proceeding with the case.

Steps to take before You file a Personal Injury Claim

It’s an unfortunate fact of life, but people get injured every day in the cities of Barrie, Orillia, and

Stouffville. While some individuals are lucky enough to walk away with only minor injuries,

others are not so fortunate. For these individuals, their injuries can be catastrophic and

sometimes fatal. They could also be suffering psychological injury as well as physical injury.

Worst of all, families can be left financially devastated whenever the primary wage earner is

temporarily or permanently unable to work.

So what do you do after the accident has occurred? Depending on your circumstances, there

may be a number of legal issues that need your attention and require the services of an

experienced personal injury lawyer. Whether your injuries are attributed to a car accident,

defective product, or slip and fall accident, you may be entitled to damages and will need to file

a personal injury claim. Here are a few suggestions to consider:

Step #1: Naturally, the first thing you should do is seek medical attention – depending on

the severity of your injuries, you may or may not be taken to the ER at the nearest Barrie, Orillia,

or Stouffville hospital. A physician or healthcare professional will need to examine you and treat

the injuries you’ve sustained. It goes without saying that your health is the #1 priority, but it also

makes good sense from a legal standpoint.

Your physician or healthcare professional will be able to document their findings such as the

type of injuries you’ve sustained, how you were injured, the prescribed course of treatment, and

how long it should take you to recover. It is extremely important that you take this step

immediately after your accident. Otherwise, the insurance company will have a difficult time

believing you were injured and will probably deny your claim.

Step #2: Learn what you can about personal injury law – a little research of the legal

process involved with establishing a claim can go a long way when it comes to personal injury

cases that are similar to yours. Personal injury is a very complex area of the law and the rules

that apply to accident cases will sometimes vary, depending on the laws that apply in Barrie,

Orillia, and Stouffville. So it’s best to get an idea of what to expect and explore your options.

Step #3: Hire a personal injury lawyer to represent you and your case – once you have

completed both steps above, it’s time to hire a lawyer. You can’t just hire any lawyer. You need

to find a personal injury lawyer in Barrie that specializes in your type of case in order to ensure

the best possible outcome. In addition to negotiating a settlement, your lawyer will ensure that

your rights to compensation are protected.

You can get the referrals from your friends or family or can search online to get the contact

details of the lawyers.

Types of Compensatory Damages Awarded in Personal Injury Cases

If you’ve recently sustained injuries in a defective product, motor vehicle, or slip and fall accident

and you are considering filing a personal injury lawsuit, you may want to hire a lawyer to help

you determine what your case is worth. The value of these types of cases is based on

“damages” or what the financial, physical, and psychological costs of your injuries have been as

well as any estimated costs in the future. In some cases, it may include punishing the

defendant’s behavior.

Although the plaintiff may not recover fully and regain their original physical condition, a

personal injury lawyer can ensure that your situation will not be hopeless. With the right legal

representation in, Orillia, Stouffville or Barrie, you could be entitled to compensatory damages.

The following 3 types of compensatory damages are commonly awarded in a wide range of

personal injury lawsuit settlements:

Lost income – if you are unable to return to work because of your injuries, you could be

compensated for the income you’ve lost as well as what you would be earning while you are still

recovering from your injuries. In cases where an injury victim is compensated for the loss of

future income this is usually referred to as the “loss of earning capacity.” Once it is shown that

the injured party has lost and will continue to lose income, then you and your personal injury

lawyer can pursue compensation for this.

Medical expenses – most injuries will require medical care and treatment to some extent. If so,

you could be entitled to compensation for all expenses that you have incurred up to this point

and any that occur in the future. This could include a number of expenses including costs for:

medical consultations

prescription medications

time spent in clinics, hospitals, or other medical facilities

other medically-related expenses during recovery such as attendant care, occupational therapy, and physical therapy

If you can prove that your injuries will continue being an issue in the future and there will be

additional expenses as a result, then you may also be entitled to compensation for these

expenses. Calculation of these expenses will be based on the documents and receipts that you

produce as evidence for your case. This applies to any future medical expenses that may arise.

Pain and suffering – you could be entitled to compensation for your pain and suffering

provided that you meet the legal requirements mandated by law. This covers a wide range of

damages but typically includes:

deformities, disfigurement, or scarring

emotional, physical, and psychological disabilities

impairment of your ability to perform your job

loss of companionship or consortium

loss of enjoyment of life

Compensation for pain and suffering is typically classified as a “non-economic” loss and is

categorized under “general damages” in personal injury claims and lawsuits in Barrie, Orillia,

and Stouffville which are handled by experienced personal injury lawyers in Ontario.