Hamilton Personal Injury Lawyer
What is a Personal Injury Claim?
Personal injury victims are any form of physical, psychological, or emotional harm that is the direct result of another person’s action(s) or omission(s). It can come in many different forms, from careless driving to failing to properly maintain a property, and many more. Personal injury law firm cases are important in helping injured victims to receive fair maximum compensation for their pain and suffering and giving them the means necessary to live a fulfilling life.
The Different Types of Personal Injury Cases We Handle
At the Bernstein Law Group, we are committed to helping injured victims that find themselves in an unfortunate situation. The following are some of the personal injury cases we handle in Hamilton:
- Slip and fall accidents
- Auto accidents
- Spinal cord injuries
- Brain injuries
- Catastrophic injuries
- Pedestrian accidents
- Dog bites
- Bicycle accidents
- Fractures and soft tissue injuries
- Motorcycle Accidents
Regardless of the type of accident or the extent of your injuries, it is important that your lawyer takes the time necessary to develop a comprehensive plan for treatment while advocating for the best compensation possible.
Legal Definition of Negligence
The court has defined negligence to be a person’s action or omission, whether intentional or not, that results in an objectively unreasonable risk of harm. Essentially, negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Typically, negligence consists of actions, but it can also consist of inactions.
A primary factor to consider is the foreseeable likelihood that the person’s conduct would result in harm, or in other words, you could see it coming. To be successful in a personal injury claim and ascertain negligence, you must establish four elements, one of which is negligence. The other three are that a duty of care is owed (the breach of that duty is considered negligence), the injuries were caused by the negligence (causation), and that there was harm suffered (damages).
On the other hand, the defendant in a lawsuit may attempt to prove that their actions or inactions met the standard of care, and met the threshold of what a reasonable and prudent person would do under the same circumstances. In some cases, negligence is clearly set out and there may be little or no dispute. For instance, in a rear-end car accident. In a slip and fall on the ice during a snowstorm, negligence might be a more contentious issue. One can expect the lawyer for the injured victim to advocate for their client, and position the case to highlight the negligence of the at-fault party, inoculating their own client’s contribution to the situation.
Degrees of Negligence
There are three forms of negligence: negligence, gross negligence, and criminal negligence. Negligence is defined as set out above. Gross negligence is an act of recklessness and knowing disregard. It is the failure to exercise even the slightest amount of care. Often it involves the deliberate disregard for another individual’s safety.
Criminal negligence refers to conduct in which a person ignores a known or obvious risk, or shows a blatant disregard for the life and safety of others. This is where a person acts significantly different than an ordinary person would act under the same circumstances. For instance, an intoxicated parent leaving their child in a scolding bath might be considered criminal negligence. Depending on the circumstances, the degree of negligence may be an important factor in your case. In some cases, your file may have to meet the gross negligence threshold. If you have been injured, you should consult a personal injury lawyer to discuss whether or not your case is likely to meet the criteria of negligence, gross negligence, or criminal negligence.
Protecting Injured Victims in Hamilton
At the Bernstein Law Group, we look at your case from two main perspectives: we position your case to achieve the best compensation possible in order to cover your past and future needs, and second, we become an instrumental part of your recovery, creating a comprehensive rehabilitation team to help structure your recovery from start to finish. In other words, there is the financial component, and the treatment and rehabilitation component.
From a compensation perspective, we aim to help our clients with everything in our power, including gathering the appropriate reports and documentation, negotiating with the insurance company, and if your claim is unable to resolve, we will bring a lawsuit against them in the courts. At the Bernstein Law Group, we make sure to advocate for you and articulate your losses, from medical expenses, lost wages, to be properly compensated for pain and suffering.
From a recovery perspective, we aim to utilize the best agencies in the community to help with your treatment. We also work closely with healthcare professionals to address all of your needs in a suitable and timely manner. By creating a robust medical treatment team, in the end, it will help tell the story of how your life has been affected by the negligence of the other party.
Motor Vehicle Accident Lawyers
When someone is injured as a result of a car accident, filing a lawsuit may be the only step of the way to allow them to collect fair compensation for their injuries and cover the costs of their future needs. There are a number of factors that must be established in a successful claim.
Your lawyer will have to prove that the other driver was at fault, or at least, partially at fault for the accident. Some scenarios fault is more obvious than in others. For instance, a rear-end collision is usually rather simple to prove. Whereas, it can become more complicated if a collision takes place at an intersection and there is a dispute of what color the light was for each driver. There may be other issues at play such as the speed of the vehicles, or whether someone was texting and driving. The truth of the matter is, your personal injury lawyer should position your case in the strongest way possible to be able to prove the liability of the defendant driver.
Your lawyer will also have to prove that you have permanent and serious injuries that were caused by the accident. If the insurance company argues that your injuries preceded the accident, and the accident insurance claims that you already had these challenges, it will be incumbent on your lawyer to help compile the appropriate documentation and reports proving that your injuries are in fact a direct result of the accident as compared to pre-existing. This will be done in part by furnishing relevant medical records and other evidence to establish you have sustained serious personal injuries. Documentation will also be provided to the other party if you are claiming that you have lost wages and anticipate lost wages into the future.
Following a Car Accident or Some Other Type of Harm
It is important to seek medical attention as soon as possible. This will ensure that you are taking the best measures possible to protect your health, as well as create the medical paper trail necessary to prove the existence and severity of your injuries. It is also critical to follow your doctor’s orders. Ignoring your doctor’s orders could hurt your health and your case. It is also advisable not to sign any insurance paperwork until you have consulted with an experienced lawyer.
Your Rights During an Ontario Personal Injury Claim
If you have been injured in an accident of some type, and someone else is at fault, you may be able to commence a lawsuit for compensation. Our legal team in Ontario is a very complex process, even for the most skilled personal injury lawyer on the planet. This makes it a very daunting or impossible task for the average person. Personal injury lawyers offer free consultations, our office as well, and these meetings are a good opportunity to explore your case and become acquainted with your legal services rights but sometimes it could be either obligation consultation or initial consultation.
How a Hamilton Personal Injury Lawyer Can Help You
If you or a loved one has been injured in an accident, whether a motor vehicle accident, a slip, and fall or some other form of accident, you should contact our law office for a free consultation. A personal injury lawyer should be able to get you more compensation than if you were to represent yourself. Insurance companies typically try to steamroll over self-represented injured victims, which is not right. However, the court process is adversarial in nature, with two opposing sides; the injured victim and most often, the insurance company.
A personal injury lawyer represents your interests and legal rights, and advocate for the best results for your case. If you have been injured in an accident, you should call a personal injury lawyer right away to make sure all of your rights are protected from the outset of your case, so that your case is not prejudiced in any way.
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