Examples of Medical Malpractice

As  noted, physicians must adhere to a standard of care when treating or caring for patients. This includes taking a thorough medical history, performing a proper examination and ordering applicable lab tests, interpreting and reporting the results, referring and consulting with other physicians, recognizing and acting upon symptoms so as to arrive at the correct diagnosis, disclosing to the patient the risks of a procedure, obtaining informed consent from the patient, prescribing proper medications, doing proper follow-up, and providing proper therapy and treatment options.

The following are other common examples of medical malpractice:

Failure to diagnose

This can include a misdiagnosis as well. If a provider does not correctly diagnose esophageal cancer and instead labels the patient’s complaints as a bad cough and where the correct diagnosis at the time would have vastly improved the patient’s chances for recovery or a longer life, this could be medical negligence. To sustain a claim, the error must have been one that a similar physician exercising reasonable care and skill would not have made. Also, the error must have led to delayed care, improper care, or no care at all which led to a worsening of the patient’s condition.

Delayed diagnosis

Similar to a failure to diagnose, a delayed diagnosis means that the condition becomes worse to where surgery or extreme measures must be taken. If a prudent practitioner of the same experience and standing would have diagnosed the patient’s condition under the same set of circumstances, then the subject physician’s omission fell below the accepted standard of care. The physician’s failure to consult with other physicians or to refer the patient to a specialist who could have correctly diagnosed the patient or earlier may also be considered malpractice in certain circumstances.

Anesthesia Errors

Anesthesia is administered during various procedures so that the patient does not feel pain. The medical care provided by the anesthesiologist must meet the accepted standard of care. Errors in anesthesia may include the following:

• Excessive anesthesia
• Too little anesthesia so that the patient may experience pain while not being able to communicate to the doctor or nurses
• A delay in delivering anesthesia
• Delivering the wrong type of anesthesia
• Failing to monitor and recognize severe reactions to anesthesia or to interactions with other medications
• Failing to determine if the patient is allergic to the anesthesia and administering it either accidentally or intentionally
• Failing to take into consideration the patient’s positioning during anesthesia administration that affects the patient’s blood pressure or blood supply to the brain that can result in death or brain damage
• Defective equipment

Complications that can arise due to inadequate delivery or other errors can be catastrophic or fatal. There can be brain damage if there is inadequate oxygen to the brain, a condition called hypoxia. An error can also lead to paralysis, stroke, seizures, malignant hyperthermia, and death.

Birth Injuries

One of the more devastating consequences of medical malpractice is a child injured before, during or just after birth because of a medical error or omission. Common types of birth injuries are:

• Fractures
• Hypoxia leading to brain damage (umbilical cord compression or strangulation)
• Cerebral palsy
• Skull injuries
• Brachial plexus or Erb’s palsy (nerve damage that can result in arm paralysis)
• Facial paralysis
• Cephalohematoma
• Shoulder dystocia

Some of these injuries are the result of a failure to monitor the fetus which may be displaying signs of distress and not receiving enough oxygen. Improper use of forceps or vacuum extractors can cause serious injuries. Along with the attending physician or obstetrician, other responsible parties can include the delivery room staff, hospital staff, obstetric nurses, and doctor who negligently provided pre-natal care or failed to anticipate potential complications that a doctor with similar skills and experience would have noted in the exercise of reasonable care.

The symptoms of a birth injury may be apparent at birth or while the child is developing. You may find that the child is not meeting certain milestones such as crawling, standing or walking. The child may also demonstrate a lack of muscle coordination or have learning challenges.

Surgical Equipment Left in Body Cavity

Surveys from the U.S. Department of Health and Human Services show that surgical instruments such as sponges or tools are left in patient bodies in 12% of surgeries or about 6000 cases per year. In Canada, a report from the Organization for Economic Cooperation and Development (OECD) found the rate to be 8.6 of every 10,000 hospital discharges.

A patient may begin experiencing discomfort shortly after surgery that if persistent will show that the tool is the culprit after a diagnostic test. Other patients may go for months or even years before the cause of the extreme pain or complications is uncovered.

Hundreds of instruments and tools can be used during a surgery but all must be accounted for. A sponge or tool left in a body cavity can lead to infections, internal hemorrhaging, and death.

Failure to Obtain Consent

Before you are provided certain care such as surgery or other treatment, your provider is obligated to review with you the side effects, potential complications, and risks such as stroke, heart attack, emotional or cognitive changes, and others. Anything that could conceivably occur needs to be reviewed. If your doctor failed to inform you of a certain risk or complication that does occur and you suffer a severe reaction or condition that causes serious injury, you may have a claim for malpractice.

Issues in Pursuing a Medical Malpractice Claim

Medical malpractice claim are notoriously difficult to handle, which is why having an experienced and highly skilled Brampton medical malpractice lawyer from Affinity Law is essential. Canadian physicians are protected by the Canadian Protective Medical Association (CPMA), which will vigorously defend the practitioner in a medical negligence claim. Of all medical negligence claims, 55.2% are dismissed or discontinued and 36.7% are settled. Of those claims that do go to trial, around 6.5% are found in favor of the doctor and 1.6% in favor of the patient. However, many of the claims that are dismissed or abandoned are because the legal practitioner failed to adequately investigate the claim, lacked the resources to continue to prosecute or litigate, or simply lacked the skills to pursue them.

If an error or omission in care or treatment is shown, the doctor can often prevail by introducing defense medical experts who will testify that the condition or injuries were caused by some other condition or would have occurred regardless of the alleged error. If a court determines that the defense experts are more credible or that your experts have not proved to its satisfaction that malpractice occurred or that it was the direct cause of your damages, you will not prevail. A poor result or outcome of a procedure or treatment is not enough to sustain a malpractice claim. Some conditions are difficult to treat and a doctor cannot be considered a guarantor of a favorable outcome. If you were informed of the known risks and complications such as infection or stroke, the provider will not be found liable. If more than one treatment option was available and acceptable by the medical community but which turned out poorly, the provider is not responsible.

Also, unless your condition or injury is severe or serious, few legal practitioners will pursue the claim even if the error clearly constituted malpractice.

For any medical malpractice claim brought to us, you can expect a Brampton medical malpractice lawyer from Affinity Law to:

• Obtain a detailed history from you or family
• Determine if your damages are significant enough to purse the claim
• Accumulate all medical records pertaining to your claim from every practitioner who cared for you or the family member
• Carefully review, identify and analyze the medical issues relating to the standard of care
• Provide the records to medical experts to review and provide opinions on negligence, causation, and damages

Call a Brampton medical malpractice lawyer from Affinity Law if you or a loved one suffered serious injuries and damages from a suspected medical error. We will take the time and effort to explain our procedures for handling such cases and give you an informed opinion about the possibilities for a satisfactory resolution of your claim.

EFFECTS of FRACTURES and BROKEN BONE INJURIES

The best option for any fractures or broken bone injuries is prompt and appropriate medical attention, either by surgery or through a cast or sling, pain management or any other type of non-surgical treatment.

However, even after these remedies, fractures can still result in serious and permanently debilitating complications for patients, occasionally resulting in multiple surgeries or amputations.

Suffering from any of the above long-term effects can affect your job, employ ability, and the standard of living (social, recreational, and family life).

Depending on your case you may be entitled to compensation for these injuries including money for pain and suffering, loss of enjoyment of life, out-of-pocket expenses (including medical expenses, transportation costs etc.), cost of future care, past and future wage loss, and loss of earning capacity.

Talk to us to – we can advise you on the next steps

Our lawyers have a unique advantage on other law-firms in our area of practice. We have previously defended insurers that you are fighting, and we intimately know the criteria that is applied in the claim calculation process. We effectively advocate for our client’s best interests with that advantage.

If you or a loved one have suffered a fracture injury because of another party’s negligence, the experienced personal injury lawyers at Affinity Law can help evaluate your specific case to determine whether you have a valid claim.
We have a remarkable track record of victories in handling cases involving all types of personal injuries and accidents, including catastrophic injuries, motor vehicle accidents, work accidents, slip and falls and industrial accidents.

Contact our office at info@affinitylawyers.ca or 1 844 786 5291 for a free consultation. We look forward to helping you gain the compensation you deserve.We serve the whole Greater Brampton Area including Hamilton, Caledon, Brampton and Ajax.

Most people experience some emotional ups and downs, but the mood swings for those suffering with bipolar disorder are more severe.

According to the Government of Canada public health services, about 1 in 50 adults aged 25-44 years or 45-64 years reported symptoms consistent with bipolar disorder at some point in their lifetime. Nearly 9 out of 10 Canadians who reported symptoms that met the 12-month criteria for bipolar disorder (86. 9%) reported that the condition interfered with their lives.

Individuals with bipolar disorder and depression frequently suffer from incidents of extreme sadness, feeling miserable, anxiety and confusion. With increasing intensity, the individual may struggle to cope with overwhelming feelings and distress which can sometimes take form of acts of self-injury.

Bipolar Disorder symptoms may include, but are not limited to:

• Inflated self-esteem, uncritical self-confidence and poor judgement.
• Incoherent speech that others find difficult to interrupt.
• Distractibility.
• Disregard for consequences or risks.
• Restlessnes spacing and decreased need for sleep.
• Irritability or angry outbursts.

How Affinity Law Can Advocate for Your Mental Illness

Most insurers, employers and co-workers do not have sufficient understanding regarding the challenge of living with mental illness and its effects. This makes dealing with it a lot more difficult and challenging and leaves people feeling isolated.

The experienced Brampton disability lawyers at Affinity Law are long-term advocates for people with mental disorders that have dramatically altered their lifestyle. If you or somebody you love has been suffering an injury accident of any sort or has their disability claim denied, then you should not wait to contact our firm as soon as possible. We pride ourselves on delivering the best legal representation to those who need it most.

Contact Us

Our lawyers have a unique advantage on other law-firms in our area of practice. We have previously defended insurers that provide disability insurance. We intimately know the criteria that is applied in the claim denial process and we effectively advocate for our client’s best interests, fighting the very same insurance providers that have denied your disability claim.

If you need help, schedule a free consultation by calling us at 1 844 786 5291 or email us at info@affinitylawyers.ca. We look forward to helping you gain the compensation you deserve. We serve the whole Greater Brampton Area including Hamilton, Caledon and Ajax.

Other factors that lead to accident are road and weather conditions and a defect in the bike that affects the tire or it braking.

Drivers should maintain at least 3-feet of space between them and bicyclists and not drive in bike lanes unless making a turn. Before entering a bike lane, the motorist should signal and ensure that no bicyclists are at risk. Motorists in parked vehicles also have a duty to safely open their car doors so as not to interfere with an approaching cyclist.

In some cases, a poorly maintained road surface or defectively designed bike lane could leave a municipality liable for a cyclist’s injuries. If the bicycle was negligently manufactured or serviced, the manufacturer or the bike shop that performed the service could also be found responsible. These cases are usually brought if the injuries are severe and permanent since insurers for these parties will vigorously defend their insureds, and negligence can be difficult to prove. Consult a Brampton bicycle accident lawyer from Affinity Law if you were injured in a bicycle accident from the fault of another party.

Proof of Negligence

Typically, in a third party injury claim, the onus is on the plaintiff or injured party to prove that another party’s negligent conduct caused the accident. However, where a bicyclist or pedestrian is the one injured in an accident with a motor vehicle, there is a “reverse onus” pursuant to Section 193(1) of the Highway Traffic Act. This section presumes that the motorist was negligent so that the burden of proof is upon the motorists to demonstrate that they acted reasonably. If they present evidence of their reasonable conduct, then the claimant must present evidence that rebuts it. In many bike accident cases, liability or the degree of fault is challenged so that having an experienced Brampton bicycle accident lawyer from Affinity Law is essential so that you can pursue a third-party claim against the responsible motorist.

Currently, only minors are required to wear bicycle helmets in Ontario. But you could be found comparatively negligent in an accident even if it was caused by a motorist if you suffered a head injury that evidence shows could have been prevented or minimized if you had worn a helmet. In such cases, your compensation would be decreased by your own degree of fault.

Accident Benefits

Accident Benefits are available to injured parties in motor vehicle accidents regardless of who was at fault. Injured bike riders can look to their own auto policies for benefits, or to that of a household member such as a parent who possesses a policy. If no policy is available, the injured rider can obtain benefits from the involved vehicle’s insured. If the motorist was uninsured, then the last resort for benefits is through the Motor Vehicle Accident Claims Fund.

A claimant needs to notify the insurer from whom benefits are sought within 7-days of the accident. You will receive an Application from the insurer for which you have 30-days to complete and submit. The form Includes a Disability Certificate to be completed by a health provider along with a Treatment Plan if you are unable to return to work or to normal or household activities for any period of time.

Third Party Claims

As an injured rider receiving Accident Benefits, you can also pursue compensation against the responsible party for pain and suffering as well as for lost income and future medical expenses that were not covered under your Accident Benefits. To have a valid third-party claim, your injury must meet a threshold standard, which is that your injury be a permanent serious impairment of an important physical, mental or psychological function, or a serious and permanent disfigurement.

A $30,000 deductible remains with the responsible motorist’s insurer if your award for pain and suffering is less than $100,000.

Your claim for additional compensation if you meet the threshold injury standard may include the following damages:

• Pain and suffering
• Diminished quality or enjoyment of life
• Past and future medical expenses
• Psychological impairment
• Past and future income loss
• Family Law Act claim by close family members

You have 120-days from the date of the accident to notify the other party of your intention to claim damages, and 2-years from the accident to file your claim in court.

Pedestrian Accidents

A pedestrian is any person on foot, a scooter, long board, wheelchair or bicyclist. When lawfully crossing the street, a pedestrian who is struck by a vehicle is presumed under the law to have had the right of way and fault is ascribed to the motorist pursuant to Section 193 of the Ontario Highway Traffic Act, referred to as the “reverse onus’. In other words, the motorist has the burden of proving that he/she was not negligent or responsible for causing the accident. In the typical injury case, the plaintiff or victim has the burden of proving the defendant’s negligence caused the accident. Once the pedestrian demonstrates that she was hit by the motorist, the driver has to prove that he acted lawfully and reasonably under the circumstances.

Any age group is vulnerable to motorists when crossing the street or being on the roadway attending a disabled vehicle or for any other reason, though seniors 65 and older seem particularly at risk probably due to moving more slowly across the street or in not being aware of approaching cars from poor eyesight or hearing. They may also be more likely to cross against the light.

Factors in Pedestrian Accidents

The factors that lead to pedestrian accidents are numerous:

• Impairment
• Distraction—cell phone use by driver or pedestrian
• Poorly lit or illuminated intersections or roadways
• Motorist turning at intersection and not seeing pedestrian in crosswalk
• Speeding
• Failing to yield to pedestrian
• Passing car that had stopped to allow pedestrian to cross
• Failing to stop at signal light or stop sign

A motorist might argue that the pedestrian was at fault for causing his own injuries. If he can prove the pedestrian was crossing outside of a marked or unmarked crosswalk, was impaired, distracted, or created a dangerous condition such as running into the street, then a court might determine that there is no liability on the part of the motorist or impose a degree of comparative liability on the pedestrian. If the pedestrian was jaywalking, the court will want to determine if the person did not keep a proper lookout before crossing, or if the motorist should have seen the pedestrian in any event and avoided the accident.

If the pedestrian is found to be partly at fault, the damages awarded would be reduced by his degree of comparative fault. Ontario’s comparative negligence law can be characterized as a “pure” standard. In the US, many states have a modified comparative negligence standard where the plaintiff’s own negligence cannot be more than 49% or the claim will be dismissed. In Ontario, any degree of comparative negligence will not be fatal to an injury claim, even if it is 99%. It only reduces the damages awarded by the plaintiff’s percentage of fault.

Compensation in Pedestrian Injury Claims

A pedestrian injured by a motorist can collect Accident Benefits from their own auto liability police if they have one, or from the at-fault driver’s policy. All auto liability policies in Ontario are required to have these benefits.

You can collect non-pecuniary damages, or pain and suffering, if your injury was serious and permanent, a serious disfigurement or loss of a limb, or a permanent serious impairment of an important physical, mental or psychological function

In serious cases, your insurer will often attempt to settle your Accident Benefits claim though a settlement cannot be offered until one year from the date of the accident. Once you settle, you can no longer claim these benefits. A settlement can also affect any other claim for additional compensation that you may bring against the motorist who struck you. Be sure to consult with a Brampton pedestrian injury lawyer from Affinity Law if you have been offered a settlement.

Limits on Medical Payments

Medical payments are limited to $3,500 for care not covered by OHIP and if your injuries are deemed “minor” by the insurer. For injuries between “minor” and “catastrophic,” you may claim medical benefits up to $50,000. You are covered for up to $1M for catastrophic injuries such as loss of a limb, vision, paraplegia, or traumatic brain damage.

Pain and Suffering

Under Canadian law, you are limited in the amount of non-pecuniary damages you can receive, which includes pain and suffering or your diminished ability to enjoy life as you did pre-injury. The cap on these damages is raised annually per the rate of inflation and is currently at $380,912.00. Only the most egregious injuries are awarded the maximum amount.

There is no limit on pecuniary or economic damages that covers past and future loss of earnings, medical expenses and care.

The law also imposes a deductible on injury awards in car accident cases. As of 2019, there is a deductible of $38,818.97 on awards less than $129,395.49. The deductible does not apply for awards exceeding that amount. These amounts are adjusted yearly for inflation.

Call us today for a free consultation at 1 844 786 5291

Slip and falls can occur on any type of property, including:

• Roadways
• Retail stores
• Grocery stores
• Sidewalks
• Parks
• Public or private restrooms
• Private residences

• Schools
• Bars or nightclubs
• Parking lots or garages
• Malls
• Offices
• Apartments

By promptly retaining one of our highly experienced Brampton injury lawyers after a fall, you have a greater opportunity for obtaining the most compensation available for your claim.

Many slip and fall accidents occur in the winter months when sidewalks, driveways, parking lots, and residence and store entrances are slippery from ice and snow. In grocery stores, liquid from a broken bottle, a dropped piece of fruit, or freshly mopped or waxed floor can present hazards that store owners must warn patrons about or take steps to remove. In a residence or office building, there may be faulty steps, torn carpeting, or a defective handrail that can lead to severe injuries.

What is Reasonable Care?

Ontario law requires that property owners take reasonable measures to ensure that those persons lawfully on their property are free from harm due to slick surfaces, broken steps, uneven surfaces, or any other condition that could reasonably cause harm to someone. If a person does suffer an injury from a slip and fall, the court will look at what measures or practices the landowner undertook to fulfill his or her duty of reasonable care. For example:

• Did the property owner maintain a routine procedure for inspecting the property?
• Was there a schedule for inspecting and cleaning the property?
• If a hazard was found, what steps were taken to warn persons of the risk?
• How long had the hazard been present before the accident occurred?
• Had the owner been previously alerted to the hazard?
• Did the owner clearly post a warning to others about the hazard?

Obviously, a commercial business owner who invites and encourages people to come onto the property will be scrutinized to see what safety measures were taken to ensure the property was free of hazards. For instance, were the food aisles in a grocery store inspected on a routine or standard basis such as every two hours? If a floor surface was uneven or slick, were there signs warning patrons of the risk? Is there a record of the inspections? Landlords of rented apartments also have a duty of care toward their tenants to keep common areas safe and to warn of hazard within leased units or in the common areas.

In case of a trespasser, the landowner’s duty of care is only to “…not create danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property.” Occupier’s Liability Act. In other words, the landowner may not set a trap or set out to purposely create a dangerous condition that physically injures the trespasser or person committing a criminal act on the property.

However, a person who trespasses willingly accepts the risk of injury from hazardous conditions as does a person who signs a waiver of liability. Signed waivers are routinely seen in situations where people undertake certain recreational activities for a fee. But if you are engaging in a recreational activity for which no fee was charged, such as walking or playing in a park, wilderness area, or forest trail, then you have also willingly assumed the risk of harm. However, the risk of harm is not assumed where there is an unexpected hazard that the landowner knew or should have known about and failed to remedy. An example is that of child who is injured from a swing in a public park that broke because the metal chains holding it were worn out.

For municipalities, their degree of responsibility is found in the Ontario Municipal Act (2001). In cases of municipal liability for slip and falls on a sidewalk, the municipality must have been “grossly negligent,” which is a higher burden of proof for the claimant to show. Also, If you are injured on city or provincial property, you have only 10-days to give notice of your injury unless circumstances prevented you from giving timely notice. For all other slip and fall claims, you have 2-years from the date of the injury to file your claim in court.

Your Brampton slip and fall lawyer from Affinity Law can demonstrate liability on the part of the occupier by reviewing inspection reports, if any, and having experts examine the floor, sidewalk, step, handrail, balcony, or other defect or condition that caused the accident. In some cases, witnesses can attest to how long the defect or hazard had been present.

Damages in a Slip and Fall Accident

Damages in a slip and fall accident can be substantial. Typically, they may consist of the following:

• Past and future loss of income
• Past and future medical expenses
• Rehabilitation costs
• Housekeeping and home maintenance expenses
• Loss of enjoyment of life
• Pain and suffering
• Family members claim for loss of the injured person’s care, companionship, and guidance and other financial losses

Your Brampton slip and fall lawyer from Affinity Law can obtain all documentary and testimonial evidence to support damages, including your medical records and billing and paystubs or employment records. A medical report from your treating physician or health care provider can detail the history of your injury, symptoms, your physical condition before the fall, the severity of the injury, rehabilitation period, complaints of pain, and your inability to perform work, routine daily activities, or recreational activities. Because demonstrating proof of your damages can be as complex proving liability, it is vital that you consult with one of our experienced Brampton injury lawyers from Affinity Law as soon as possible to avoid submission/notice related delays in filing your claim.

Call us today for a free consultation at 1 844 786 5291.

Types of Lawsuits Involving Mental Distress

Any personal injury lawsuit can include a claim for mental anguish, anxiety, or distress such as:

• Car accidents
• Pedestrian accidents
• Medical malpractice
• Product liability
• Premises liability

• Wrongful death
• False arrest
• Intentional torts—sexual assault, sexual abuse, unlawful imprisonment
• Sexual harassment

Although not essential to sustaining a viable claim for psychological harm, the more severe the incident or accident, the more credible your claim. Your psychological damages lawyer from Affinity Law can help with proving the seriousness of your injury so that you can collect the benefits to which you are entitled.

Is Physical Injury a Prerequisite?

Physical injuries are not a prerequisite for alleging psychological damages though most cases do involve a physical injury that leads to emotional distress or other psychological harm. You can bring a claim for psychological distress harm against a negligent party if it meets a two-part test:

1. The emotional or psychological injury was a foreseeable consequence of the defendant’s wrongful or negligent conduct; and,
2. The psychological injury you are suffering fromis serious enough to be a recognizable psychological condition or illness

A recognizable psychological injury or condition is typically one found in the Diagnostic Statistical Manual (DSM)-VI used by psychologists and psychiatrists when diagnosing patients. If your symptoms fit the criteria of a condition such as post-traumatic stress disorder that is severe or critical enough, you can be awarded certain benefits and your claim can go forward toward collecting additional compensation in a third-party claim. The threshold or standard to pursue a third-party claim for a physical or psychological injury is “a serious and permanent impairment of an important physical, psychological or mental function,” or one that has severely affected your ability to engage in your daily living activities.

How to Prove Emotional Distress

While Canadian courts allow a claim for emotional distress without an accompanying allegation of a physical injury, your opportunity for receiving substantial compensation is heightened if there is a physical injury element. Usually, the more serious or traumatizing the injury, the better chance the claimant has to prove that he/she did suffer emotional distress. For example, a person who suffered a permanent disfiguring scar on her face, or who is permanently impaired and in chronic pain and may never work in his chosen career or pursue a favorite activity has a much more provable claim of depression, anxiety, and distress than someone who alleges a strained back or repairable torn cartilage in his knee has caused him or her extreme anxiety.

While Canadian courts allow a claim for emotional distress without an accompanying allegation of a physical injury, your opportunity for receiving substantial compensation is heightened if there is a physical injury element. Usually, the more serious or traumatizing the injury, the better chance the claimant has to prove that he/she did suffer emotional distress. For example, a person who suffered a permanent disfiguring scar on her face, or who is permanently impaired and in chronic pain and may never work in his chosen career or pursue a favorite activity has a much more provable claim of depression, anxiety, and distress than someone who alleges a strained back or repairable torn cartilage in his knee has caused him or her extreme anxiety.

Family Law Act

Immediate family membersthat includes spouses, children, siblings, parents, and grandparents can also pursue a separate claim for pain and suffering or emotional harm if a loved one suffered serious and permanent injuries or was killed in an accident. These damages are for the loss of the loved one’s guidance, comfort, care, or companionship.

Post-Traumatic Stress Disorder (PTSD)

A consequence of a particularly distressing or traumatic accident or incident such as a serious car accident,combat, a horrific natural disaster, sexual assault,pervasive sexual abuse or harassment is the onset of PTSD. This is a recognized psychological disorder characterized by feelings of anxiety, panic or fear from a triggering factor that can cause them to re-experience the trauma even if they are not in imminent danger of physical harm.  PTSD can present as intense or serious an impairment as any physical injury.

Assault victims can sue their assailants for emotional distress or PTSD if they exhibit the recognized symptoms in civil court, even if the defendants are not prosecuted in criminal courts. The civil standard for holding a defendant liable for civil damages is less than that for criminal defendants and is not dependent on the defendant being found criminally responsible. Along with seeking damages for emotional distress, a victim can also pursue damages for lost income, medical expenses, and any other financial losses attributed to the defendant’s negligence or criminal conduct.

Mental health professionals have classified PTSD and its symptoms into 3 distinct categories:

1. Re-experiencing symptoms and suffer flashbacks and nightmares
2. Intentionally avoiding symptoms—staying away from triggering events that can revive the traumatic incident, experiencing memory loss, emotional numbness, avoiding social contacts
3. Hyper-sensitivity—overly sensitive, quick to anger, being constantly on edge, trouble sleeping

Car accident victims may suffer injuries that extend beyond the physical ones. It is not uncommon for an injured claimant to experience panic, anxiety, an extreme reluctance to drive a car or even be a passenger. This can cause substantially interfere with a person’s enjoyment of life or ability to engage in routine, daily activities. However, insurers typically are skeptical of PTSD claims and will require significant proof and medical or psychiatric documentation that you are indeed suffering form this condition and that it is severe enough to interfere with your ability to perform your job or to engage in routine, daily activities. For this reason, retaining a PTSD lawyer from Affinity Law soon after your accident can prevent any rejection or delay in receiving benefits.

Retain a Psychiatric or Psychological Damages Lawyer

Obtaining benefits for emotional distress or for suffering from PTSD as a result of the negligent or wrongful conduct of another person can be difficult. There are significant barriers to overcome, complicated applications to complete for benefits, deadlines to meet, and medical and other documents to obtain. Having an experienced and dedicated personal injury lawyer from Affinity Law to handle your case from the outset can significantly increase your opportunity to receive benefits and reasonable compensation for your damages.

Call us today for a free consultation at 1 844 786 5291.

No-Fault or Accident Benefits

Brampton has a no-fault insurance or Accident Benefits system whereby you can claim certain compensation from your own auto insurer in an accident regardless of who was at fault. Benefits include medical treatment, costs of rehabilitation, replacement of lost wages, caregiver benefits, and others.

In non-catastrophic cases or where your injuries are not life-altering, you can receive up to $100,000 in benefits over 10-years in med/rehab benefits. For catastrophic cases, you can receive up to $1,000,000 over the course of your lifetime. Income replacement means you may receive 80% of your net pre-accident income as averaged from the 26 of the 52-weeks that preceded the accident. You may not receive more than $400 weekly, though you can receive more if you paid a higher premium on your insurance.

To recover additional compensation from the at-fault driver such as for pain and suffering or for emotional distress, you must demonstrate that your injuries were “serious and permanent.” This includes disfigurement or impairment of an important physical, mental, or psychological function.

Damages in a Brampton car accident claim may include:

• Past and future medical expenses
• Past and future income loss
• Diminished enjoyment of life
• Disfigurement
• Pain and suffering
• Family members’ claims under the Family Law Act

Pain and suffering, or non-pecuniary damages, are cappedwith yearly increases. The cap is currently at $340,000 in Brampton.

Motorcycle Accidents

Motorcycles are fun to ride, are economical, and take up little space on city streets or garages. However, riders are vulnerable to any minor mishap that can cause them to lose control or be propelled from the bike, easily causing fatal or catastrophic injuries such as paralysis, traumatic brain injury, severely broken limbs, permanent disfigurement, and other life-altering injuries.

About 80% of all motorcycle accidents result in injuries as compared to just 20% for passenger vehicles, according to the National Highway Traffic Safety Administration. Riding a motorcycle also increases your risk of being in a fatal accident by at least 15 times over that of driving or being a passenger in other motor vehicles.

You may take all necessary precautions including wearing protective clothing and a helmet and driving defensively, but still be at the mercy of reckless and inattentive motorists.

The most common factors leading to motorcycle accidents include:

• Left turns at intersections
• Unsafe lane changes by drivers
• Motorists’ failure to see motorcyclist when entering a roadway from side road or driveway
• Poor weather
• Slick road surface
• Uneven pavement
• Roadway defects or objects on the road
• Rider inexperience
• Failure to maintain a proper distance
• Rear-end accidents at stop lights and stop signs
• Motorcycle design and manufacturing defects (fuel system leaks)
• Poor service or maintenance of the bike
• Alcohol or drug impairment by rider or motorist

Motorcycle riders are generally perceived as reckless individuals and their version of the facts are often dismissed as not credible if challenged by that of an involved driver of a passenger vehicle. It is not uncommon for an experienced Brampton motor vehicle accident lawyer to use experts in accident reconstruction or human factors in order to prove liability.

Call us today for a free consultation at 1 844 786 5291

Brampton Long Term & Short-Term Disability Claims

Has your Short-term (STD) or Long-term disability (LTD) claim been denied?

What are the Most Common Reasons for Denial of a Long Term or Short-Term Disability claim?

There can be various reasons why the disability claims can be denied. The following outline some (not all) of the possible reasons that can lead to a denial.

Unfair Policy Modifications & Termination

Your insurance company may also unfairly terminate your long-term or short-term coverage. Below are some scenarios that may fall under this umbrella.

• Unfair termination of the policy without the presence of adequate time or sufficient cause
• Modification in particular clauses of the policy without giving you sufficient time or notice
• Disability definitions or requirements may be changed

Incomplete documentation

A qualified long term or short-term disability claim may be rejected due to a lack of complete information or documents. For any disability claim to be considered, complete and valid reasons and supporting documentation (medical or otherwise) is essential.

Disability claim documentation may include but not limited to:

• Complete medical records including the tests, blood work reports, doctor’s diagnosis along with treatment protocols and long-term prognosis
• Complete Employment information – job duties, responsibilities confirmed by employer, nature of the job, duration of employment
• Impact of the injury on your daily life – supported with evidence of you being unable to perform simple daily tasks necessary for living

Time Limits

Every disability insurance policy has certain time limits in which claims need to be filed. Insurance companies can reject disability claims not filed within specified time limits.Not attending medical appointments or providing medical documentation are other reasons that can result in claim denials.

Which Injuries Qualify for LTD And STD?

Coverage of STD and LTD benefits are majorly dependent on your insurance policy. An employee may be entitled to short-term disability benefits if they are considered to be continuously totally disabled for a specific time period.

Injuries arising as a direct result of motor vehicle accidents (car/bike/boat etc.) and slip and fall cases are generally included under the coverage. The treatment time is different for every disability, based on the intensity of injuries and the time required to get back to normal health.

A long term and short-term disability claim can include several types of injuries causing disability including physical and mental disabilities. Chronic pain, fractures, partial or full body paralysis etc. are types of physical disabilities while examples of mental injuries include (but not limited to) anxiety, depression, phobias, Post-traumatic stress disorders (PTSD), mood swings, irritability and aggression.

These illnesses and injuries can adversely affect your ability to work temporarily or permanently, giving you a valid reason to file a disability claim.

Medical conditions that may qualify for long term or short-term disability claims include but are not limited to:

• Addiction
• Professional Athletes Disability
• CPP Disability
• Mental Health Issues (Depression and Anxiety)
• Irritable Bowel Syndrome (IBS)
• Fibromyalgia
• Arthritis
• Bipolar Disorder
• Chronic Pain
• Headaches & Migraines
• Cancer

• Military Disability
• Kidney Failure
• Employment Termination arising from LTD/STD
• Neurological Disorders
• Post-Traumatic Stress Disorder
• Carpal Tunnel Syndrome
• Heart Disease & Stroke
• Other Health Issues

What Are LTD/STD Disability Claims Deadlines?

It is of vital importance, to adhere to the noted policy deadlines, if you are planning to make a disability claim. Failing to adhere to these deadlines, gives the insurance companies an exposed reason to deny your request.

Different policies often have varied timelines based on the issuing company, coverage plan, and the amount. It is essential to review your long term or short-term disability policy to avoid missing the vital deadlines. It is advisable to submit the disability claim with supporting evidence and complete documentation within the time limits specified in the policy.

If your disability claim has been denied, contact our experienced Brampton disability lawyers today. Schedule your free consultation to understand the legal options available to you.

How Can I Sue My Insurance Company?

If you have received a disability claim denial, you may have a case against your insurance company. It is very common for the insurance companies to have unfairly breached the contract or denied a disability claim unreasonably. It is important to speak to a Brampton disability lawyer immediately to understand the legal options available to you.

Every case is unique, and we can advise you on the different options available. A few of the methods that can be used are mediation, arbitration, or litigation.

Mediation is a negotiation process that involves a third party. In this process, parties resolve the dispute amongst themselves with the help of the mediator, who is a neutral third party.

Arbitration involves a neutral third party who has the power to make decisions. It is a more formal method as compared to mediation. The arbitrator’s decision is legally binding on both parties.

Litigation involves the courts and is often considered the final approach. Our lawyers have many years of court room experience to advocate on your behalf and protect your interest. We assist you in preparing the claim against your insurer advocating strongly for your entitlements and rights that are being denied.

What are the Costs Involved for a Disability Claim?

At your free initial consult, we answer every question with refreshing honesty and candor and make recommendations that protect your interest. We invest time to understand you. We work on a contingency basis which means that unless we win a settlement, we will not seek any payment.

Call us at your earliest convenience to schedule your free consultation.