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Also called premises liability claims, these are accidents that occur on someone else’s property, whether it is private or public.
Slip and fall accidents
Slip and fall accidents are a common type of injury claim. Although senior citizens may be particularly at risk because of balance issues and fragile physical conditions, anyone can be the victim of a slip and fall accident because of the negligence of a property owner. If you were injured in a slip and fall accident, do not hesitate to contact one of our Markham personal injury lawyers at Affinity Law.
Injuries from slips and falls can be minor to extremely serious. These can include:
- Sprained ankle
- Torn knee ligaments
- Broken arm, pelvis, leg or ankle
- Facial fractures
- Fractured tailbone
- Kneecap fracture
- Concussion or traumatic brain injury
All property owners, commercial and private, also referred to as “occupiers, “have a legal duty to keep their premises reasonably safe from hazards that could injury anyone lawfully on their property”. The severity of the injury may depend on the condition of the surface where the victim fell as well as the physical condition of the claimant. However, it is irrelevant if the person who fell was in poor physical condition and prone to serious injury from even a slight fall that would not have likely resulted in a serious injury to a person in normal or good physical health.
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 Markham injury lawyers after a fall, you have a greater opportunity for obtaining the most compensation available for your claim.
Causes of Slip and Falls
There are numerous factors that can lead to a serious slip and fall accident:
- Slick or icy surface
- Torn carpeting
- Uneven surfaces or steps
- Wet entrance mat
- Broken step
- Protruding objects
- Lack of handrail or a defective one
- Object or debris on the floor
- Poor lighting on a stairway or other commonly used passageway
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.
Other circumstances where a landowner or occupier could be held liable include:
- Not cleaning a spill within a reasonable time
- Not posting clear warnings about hazards such as uneven steps, holes, broken stairs, or other hazards
- Failing to remove ice from a driveway or walkway that the occupier knew of or should have known about
- Neglecting to inspect the property before visitors arrive to a residence
- Inadequately maintaining stairways or walkways (rotten railing or structure)
- Providing alcohol to visitors that results in a foreseeable injury (intoxicated person wanders off an unprotected balcony during the evening)
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 Markham 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.
Responsibility of the Claimant
Anyone who was injured in a slip and fall accident in Ontario also has a duty to look out for his or her own safety. You can be held fully or partially responsible for your own injuries if you were less than responsible for your own safety. These situations might include:
- Being intoxicated or under the influence of drugs unless alcohol was supplied by the landowner and the injury reasonably foreseen to the owner
- Wearing inappropriate footwear for the type of surface where the fall occurred
- Failing to notice an open and obvious hazard
- Running on a known icy or slick surface
- Ignoring a prior warning of a hazard
If you are determined to be partially responsible, your damages will be decreased by your percentage or degree of fault. Because most insurers in slip and fall cases will attempt to lay some or all of the blame for the accident and injuries on the claimant, you will need a knowledgeable Markham slip and fall lawyer to prosecute your claim.
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 Markham 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 Markham 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.
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 Toronto Area including
Markham, Hamilton, Caledon and Ajax.
Psychological and PTSD Claims
Many people experience some level of depression, stress or anxiety at various times in their lives.But if your stress, anxiety or depression was caused by an accident or injury, can you recover compensation for your psychological condition if it impairs your ability to perform your job or to engage in normal, routine activities? Is it necessary that a physical injury be the cause or trigger for a legal claim of psychological injury or post-traumatic stress disorder? These are all questions, issues, and considerations that an experienced psychological damages lawyer from Affinity Law can address for you.
Claims for Mental Distress or Anguish
In many personal injury lawsuits where an injured person is bringing a claim based on the negligent conduct of another person or entity, the claimant will allege damages for medical expenses, lost income, diminished quality of life, pain and suffering, and psychological or mental distress. Mental distress claims can include a wide array of symptoms:
- Anxiety and stress
- Depression
- Phobias
- Changes in mood and personality
- Post-traumatic stress disorders (PTSD)
- Sleeping problems or disturbances
- Weight fluctuations or inconsistent eating patterns
- Nausea
- Diarrhea
- Chronic fatigue
- Lack of sexual desire
- Mood swings, irritability and aggression
- Lack of interest in social activities
- Chronic pain
It is necessary that a medical professional relate these symptoms to mental distress so as to prove a causal connection to the accident or incident as being the direct cause of your distress.
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:
- The emotional or psychological injury was a foreseeable consequence of the defendant’s wrongful or negligent conduct; and,
- 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.
Some unusual cases of psychological distress claims that Canadian courts have allowed to continue include:
- Prison inmates sued the federal government for “uncomfortable detention” wherein they allegedly were denied lack of access to sunlight, a barber, sufficient library resources, and adequate sleep resulting in extreme depression, erosion of self-worth, feelings of hopelessness, and nervous shock.
- A Calgary resident who sued a grocery co-op after she was banned for shoplifting alleged defamation, shame, loss of family honor, and which led to her husband’s suicide.
- An Ontario motorist who was allegedly speeding, texting and under the influence of alcohol sued 3 bicyclists whom she ran over and caused serious injuries to one and fatal injuries to another alleged her own psychological suffering including PTSD, extreme depression, and catastrophic impairment and anxiety. She did claim the cyclists did not have lights on their bikes, were not wearing helmets, and were not riding in a “prudent manner.”
Although these claims may seem extreme, there are often issues that news reports do not include that would justify or support reasonable and highly plausible allegations of mental distress. In the majority of accident cases where psychological harm is alleged, there are serious and credible factors that cause injured victims severe distress that diminishes their enjoyment of life and ability to function normally.
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.
Other factors that can demonstrate severe distress include:
- Duration of the condition—the longer you suffer on-going and chronic pain, the more credible is your claim that you are suffering severe emotional distress
- Related bodily harm or condition—your distress is accompanied by physical signs of distress
- An extreme underlying cause—you were a victim of a bombing, robbery where you were shot or stabbed, kidnapped, raped, or survived a car accident where one or more persons in your vehicle died or suffered gruesome injuries
- Loss of employment—you lost your job as a result of your physical injuries
- Medical records confirming nature and extent of your injuries
- Psychiatric or psychologist’s records confirming visits, medications, and therapies
- Physician’s report confirming your symptoms
If you demonstrate certain physical signs, this can be essential in proving that your psychological distress is real and sustainable. These are difficult claims to pursue that will require the skills of an experienced psychological damages lawyer from Affinity Law or an insurer will likely deny your claim.
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:
- Re-experiencing symptoms and suffer flashbacks and nightmares
- Intentionally avoiding symptoms—staying away from triggering events that can revive the traumatic incident, experiencing memory loss, emotional numbness, avoiding social contacts
- 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.
Car accidents are the most prevalent incident that leads to PTSD in those claiming emotional harm in lawsuits or claims since they are the most common personal injury claims. This is unsurprising given the millions of cars on our highways and roads every day. Some estimates are that 10% of car injury victims experience PTSD to some degree. Risk factors that can precipitate PTSD from a car accident include:
- Severe or traumatic car accidents
- A serious physical injury
- Other vehicle occupants were severely injured or killed
- You felt that your life was threatened
- You may have had a prior traumatic experience
- There is a history of mental illness
- You mentally re-experienced the trauma shortly after the accident
- There is a history of drug and substance abuse that has unduly influenced your mood and behavior
- There is a family history of PTSD
Limits on Damages for Pain and Suffering or Emotional Distress
Damages for pain and suffering, which includes psychological or emotional distress, in Canadian courts are limited. Before your claim is even eligible for a non-pecuniary (non-economic) award, you must prove that your psychological injury in this case has resulted in “a serious and permanent impairment of an important physical, psychological or mental function.”
If your claim meets this threshold test, then your non-pecuniary damages award is statutorily limited to a current cap of $380,912, a figure that fluctuates annually depending on the rate of inflation. However, your award in an Ontario court is subject to a deductible of $38,818 unless your award for pain and suffering is at least $129,395.49 as it currently sits. For example, if you are awarded $100,000 for emotional distress, it will be reduced to $61,182.00. If your award was $40,000, you would receive only $1,182.00. Any award that does not exceed the deductible will result in your not receiving any non-pecuniary damages. There is no cap or limits on economic losses, which includes lost income and medical expenses.
For family members who are able to claim non-pecuniary damages for their loved one’s catastrophic injuries, their damages are subject to a current deductible of $19,409.49, unless their loved one died in which case the deductible does not apply to reduce the award. Their claims, however, must exceed a floor of $64,697.21 before the deductible can be waived. These deductibles increase by a rate of 1.6% annually.
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.
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 Toronto Area including
Markham, Hamilton, Caledon and Ajax.
Chronic pain is usually defined as constant or intermittent pain that stays for longer than three to six months after initial onset. Often, chronic pain is caused or worsened by injuries that do not heal properly like whiplash or a back injury from a car accident.
Chronic Pain, Neck & Back Injuries
Neck and back injuries are one of the leading causes of chronic pain for individuals. A 2019 survey by the Chronic Pain Association of Canada (CPAC) reported that chronic pain patients are experiencing a decline in quality of life, increase in pain, destruction of relationships, and are at a higher suicide risk. Approximately 10.5 million Canadians (30%, or one in three) suffer from chronic pain and 2 million Canadians suffer intractable, high-impact chronic pain, with most requiring opiate medicine to function and carry on with life.
Chronic pain is usually defined as constant or intermittent pain that stays for longer than three to six months after initial onset. Often, chronic pain is caused or worsened by injuries that do not heal properly like whiplash or a back injury from a car accidents. Back injuries also account for many workers’ compensation payments. Activities involving bending and twisting like lifting, carrying, and lowering are most likely to result in back and neck injuries. Neck injuries can result from repetitive movements that place strain on the neck and shoulder area. Activities like weightlifting, contact sports, heavy duty construction work and others can cause chronic damage to the neck and shoulders.
Insurance Companies and Chronic Pain Claims
Insurers can be skeptical regarding claims of chronic pain as it is an invisible injury in numerous cases (unlike an objective injury e.g.fractures) and may deny your claim as a result.Many individuals with chronic pain disorders also suffer mental health issues like depression. Chronic back pain has many causes including car crashes, traumatic accidents, and more. These injuries can be devastating, stressful, and very challenging (financially and otherwise) to manage on your own.
Many long-term disability (LTD) claims involve individuals suffering from chronic pain conditions. These can include Arthritis, Fibromyalgia, Myofascial Pain Syndrome and Chronic Fatigue Syndrome. Very serious back injuries can also result in paralysis.
Symptoms of a back injury include but are not limited to muscles spasms, lower back pain, chronic back pain, tenderness and stiffness and numbness or tingling of an extremity (limbs).
How Affinity Law Can Advocate for You?
The most important thing to do after an incident is seek medical attention as many will not be immediately apparent. If your back was injured in an accident, it is expected that you will be receiving therapy for months, if not longer. These therapies can get expensive and with the assistance and support of a Toronto accident lawyer from Affinity Law , you can leverage relevant legal expertise and engage our extensive network of legal and medical professionals, to help you in securing the best treatment and compensation you deserve.
We understand the devastating effect that chronic pain can have on one’s quality of life, and we are devoted to serving our clients and support them in getting back to the normality of life. At Affinity Law our Toronto injury lawyers understand the impact of chronic pain and help you recover the compensation you need and deserve to improve your quality of life.
If you or a loved one were injured as a result of the negligence of another party, you may be entitled to compensation for your catastrophic injuries, medical bills, lost wages, and pain and suffering.
Contact Affinity Law
Our lawyers have a unique advantage on other law-firms in our areas 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 because of another party’s negligence, the experienced Toronto 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 chronic pain, catastrophic injuries , motor vehicle accidents, work accidents, slip and falls and industrial accidents.
We look forward to helping you gain the compensation you deserve. We serve the whole Greater Toronto Area including London, Hamilton, Caledon and Ajax.
Contact our office at info@affinitylawyers.ca or 1 844 786 5291 for a free case assessment and consultation.
A dog bite is usually a nip or a small tear to your hand or leg, but in some cases the dog can leave permanent and disfiguring scars,
Long-term disability (LTD) insurers are usually hesitant to approve claims of psychological illnesses such as depression or bipolar disorder. Even if your treatment provider (family doctor, psychologist or psychiatrist) supports your claim, your LTD provider can deny your application.
In these challenging situations, it is crucial to hire a skilled and experienced Toronto disability lawyer from Affinity Law who can guide you through the process of appeals and, if necessary, file a carefully structured claim against your insurer.
Trauma-Induced Mental Disorders
Lots of individuals do not realize that accidents (like a car or work-related accident etc.) can cause a lot more than just physical injury. People can suffer harmful mental and emotional distress which can sometimes be more devastating and life-altering than even the most serious physical injury.
Symptoms of Bipolar Disorder and Depression
Bipolar disorder is a condition that causes a person to experience periods of depression and altered mood. According to CAMH Bipolar disorder typically consists of three states:
- a high state, called mania
- a low state, called depression
- a well state, during which many people feel normal and function well
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.
Depression symptoms may include but are not limited to:
- Feeling sorrowful, anxious, empty, nervous, hopeless, worthless or guilty.
- Having no or little interest in social or other activities like hobbies, sexual activity and leisure activity.
- Difficulty sleeping.
- Feeling restless or lethargic.
- Not being able to concentrate or make decisions.
- Memory issues.
- Poor appetite and /or involuntary weight loss or gain.
- Pain or physical symptoms not related to an illness or injury.
- Thoughts of self-harm or suicide.
The appropriate diagnosis of bipolar disorder, early intervention and constant support and therapy are vital to the well being and recovery of individuals suffering from this illness.Causes of Depression are not exactly known, but are thought to include chronic pain, stress, substance abuse, and genetic factors. Treatment usually consists of talk therapy and/or medication.Treatment for bipolar disorder involves a combination of counseling and pharmacotherapy (mood-stabilizing or antidepressant drugs).
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 Toronto injury 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 AFFINITY LAW
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 reach us by filling out the Consultation Form. We look forward to helping you gain the compensation you deserve. We serve the whole Greater Toronto Area including London, Hamilton, Caledon and Ajax.
Most Canadians love sports and recreation. However, these activities carry an element of risk and can lead to substantial injury and harm. If things go wrong when you are participating in a sport, sadly the effects can be catastrophic.
Most Canadians love sports and recreation. However, these activities carry an element of risk and can lead to substantial injury and harm. If things go wrong when you are participating in a sport, sadly the effects can be catastrophic. Many thousands of Canadians are injured every year and the recovery can be complex,including seeking reimbursement for your losses.
If your injury is the result of negligence, intentional or careless conduct, inadequate supervision, unexpected aggressive behavior or unsafe facilities, you may be entitled to make an injury claim. Careers can be ruined by sports injuries, resulting in loss of income and earning potential. Some injuries also require ongoing medical treatment, surgery and attendant care.
According to Government of Canada Data Blog, Concussions and other traumatic brain injuries (TBIs) are common in sports. A concussion is type of a minor traumatic brain injury, and usually happens from a hit to the head, neck, face or another part of the body, causing the brain to move inside the skull and become injured. The short- and long-term effects of concussions and other TBIs can be serious — particularly for children and youth.
On average, concussions make up 93% of the sports and recreation-related TBIs among children and youth that are reported to CHIRPP. Ice hockey is the most common sports and recreation-related activity with reported concussions or other TBIs among males aged 5 to 14 years.All-terrain vehicle (ATV) use is also one of the leading causes of moderate to more severe TBIs.
The chart below gives an idea of numbers of hospitalizations due to sports injuries (Statico).
Hospitalizations due to sports injuries 2017-2018
Why Hire A Lawyer?
Establishing negligence of a 3rd party and receiving compensation for injuries suffered can be extremely complex. If you have suffered a significant injury during a sporting or other recreational activity, it is important to see a lawyer as soon as possible to understand your rights. In order to be successful, you generally have to prove that the injury was caused by someone else’s negligence.
Each sport comes with different risks and the courts apply distinct criteria (standards of care) to judge each case on its own merit. If there has been a breach by a negligent party (like your employer or school etc.) in properly carrying out their responsibility (duty of care), resulting in injuries, you may be entitled to make a claim.
Examples of compensation include but are not limited to;
- Physiotherapy and chiropractic treatment
- Medical expenses including cost of medication
- Loss of income and earning potential
- Home care assistance
- Nursing and attendant care
- Equipment aids and housing modifications
- General damages for pain and suffering
The clearest way to find out if you’re entitled to claim compensation and benefits is to take professional legal advice. You may have a claim for compensation if you are a professional or amateur athlete, a university, college or school student or an employee injured in a sporting event organised by work etc.
Some examples of sporting injury claims include:
- Contact sport injuries
- Slips and falls around swimming pools
- Golfing injuries caused by golf balls and carts
- Injuries caused by improper exercises prescribed by personal trainers
- Faulty sports equipment accidents
- Skiing and snowboarding related accidents
- Boat, jet ski and watersports accidents
Sporting facilities, associations, clubs, schools and employers generally have insurance to cover injuries during sporting activities, and it is typically the insurance company which will pay the compensation to cover your injury claim.
If you require legal advice about making a sport injury related claim, then you have come to the right place. Our Toronto sports injury lawyers are skilled in representing the rights of injured folks. No matter the type of sport or injury, Affinity Law can advise you if you are able to make a successful compensation claim for damages. Our initial consults are always free with one of our Toronto personal injury lawyers.
What to do if injured while playing sports?
- 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.
If you require legal advice about making a sport injury related claim, then you have come to the right place. Our Toronto sports injury lawyers are skilled in representing the rights of injured folks. No matter the type of sport or injury, Affinity Law can advise you if you are able to make a successful compensation claim for damages. Our initial consults are always free with one of our Toronto personal injury lawyers.
What to do if injured while playing sports?
Regardless of the seriousness of your injury, these steps should be taken if you are injured while playing sports:
1) Get medical treatment
If you are not taken to a hospital from the location of the incident, please consult a doctor as soon as possible to get the right diagnosis and treatment for your injuries.
2) Record all the details of the accident
Write down the date, time, location, how the accident happened, and any witness information if possible, etc. If feasible, take photos of the vicinity, any hazards, and your injury.
3) Report the incident
Report your injury to the site management or organization where the incident happened.
4) Keep your records
Retain any receipts/invoices for any expenses you have from the injury, and any related communication from any insurance providers, employers, organizations or schools etc.
5) Seek professional legal advice from Affinity Law
Strict time limits usually apply in making a sports injury claim. If you have suffered a significant injury or loss, you should seek legal advice from an experienced lawyer specialised in this area of injury law. Our Toronto sport injury lawyers will fully explain to you what is involved in making a claim, including the evidence requirements needed (witness statements, medical reports, independent expert reports etc).
Contact Affinity Law
Our team understands the impact of a serious injury on your quality of life and we’re committed to providing a clear, honest assessment of whether you are eligible to make a claim and assist you in the entire process all the way to recovery. Our firm normally works on a No Win No Fee basis. Contact us today for a no obligation free consultation. We’re here to help.
Office: 1 844 786 5291
Email us: info@affinitylawyers.ca
Fibromyalgia is a condition that causes pain all over the body (also known as widespread pain), sleep problems, fatigue, and often emotional and mental distress.
Fibromyalgia is a condition that causes pain all over the body (also known as widespread pain), sleep problems, fatigue, and often emotional and mental distress. According to Centers for Disease Control and Prevention, people with Fibromyalgia may be more sensitive to pain than people without Fibromyalgia. This is called abnormal pain perception processing.
Fibromyalgia can be a complication or consequence of post-traumatic stress disorder (PTSD) or severe emotional distress and it cannot be detected on an x-ray, CT scan, or by blood tests.
Some symptoms of Fibromyalgia include
- Pain and stiffness all over the body.
- Fatigue and Exhaustion.
- Lack of focus and attention and an inability to perform routine daily activities.
- Mood Swings and disorders.
- Headaches including migraines & sensitivity to lights, sounds, smells.
- Depression and anxiety.
- Sleep problems.
- Problems with thinking, memory, and concentration.
- Tingling or numbness in hands and feet.
- Pain in the face or jaw.
- Digestive problems, such as abdominal pain, bloating, constipation, and even irritable bowel syndrome (also known as IBS).
People suffering from this condition often report sensitivity to certain points on their bodies that remains for long periods of time. Other symptoms are stiffness, headaches, and tingling and numbness in hands and feet.
Fibromyalgia can be triggered by a traumatic event such as a car accident. Severe nerve pain from the accident may increase nerve signals to the brain long after the event has passed. In some cases, victims suffer from this condition over their lifetime and require physical therapy and pain management.
The risk of opioid addiction is high among sufferers. Chronic pain from fibromyalgia is substantial and can be permanent and serious in many cases to warrant an award of pain and suffering in many long-term disability cases.
As with any soft tissue injury, you need the strong advocacy of your medical provider and legal team to support an injury claim where your diagnosis is Fibromyalgia.
Contact US
Our lawyers have a unique advantage on other law-firms in this area of practice. We have previously defended insurers that provide disability insurance to individuals. 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 with a Toronto long-term disability lawyer by calling us at 1 844 786 5291 or email us at info@affinitylawyers.ca. We can help you secure the disability benefits resulting from Fibromyalgia claims that you deserve.
We serve the whole Greater Toronto Area including Hamilton, Caledon and Ajax.
A bone fracture means there is a break in the continuity of any bone. Individuals can suffer from broken bones in almost any part of the body, from the skull or spine to the ribs, arms, legs, or pelvis.
Fractures & Broken Bones
A bone fracture means there is a break in the continuity of any bone. Individuals can suffer from broken bones in almost any part of the body, from the skull or spine to the ribs, arms, legs, or pelvis.
Fractures can result from falls, impact injuries, or another traumatic events. People working in dangerous occupations, e.g. industrial workers and those who have been involved in car accidents, bicycle or truck accidents are particularly at a high risk of suffering from a broken bone. Bone fractures are usually very painful and often incapacitate the individuals from performing routine tasks.
Depending on the location of the bone and the type of fracture that occurred, different treatment and pain management techniques are used.
Types of Fractures
Below is a non-comprehensive list of various fractures that are commonly experienced by individuals involved in accidents etc.
Complete fracture – this happens when the bone fragments are entirely separated
Simple fracture – occurs when the bone breaks but does not puncture the skin
Compound fracture – happens when bone breaks and pierces the skin.
Compression fracture – usually occurs in the spine, where one or more vertebrae collapse
Displacement fracture – occurs when the broken bone moves from its original location to a strange angle
Incomplete fracture – occurs when the two bone fragments are still partially joined
Spiral fracture – occurs where some part of the bone has been twisted
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.
Long Term Effects of Bone Fractures:
- Permanent reduced range of motion and loss of use;
- Permanent or partial loss of use or disability;
- Chronic pain;
- Nerve damage;
- Joint problems;
- Anxiety and depression;
- Loss of strength; and/or
- Arthritis
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).
Even worse, we’ve seen cases where it’s almost impossible for the client to fully recover and is forced to live with physical disabilities for the rest of their 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 – we can advise you on the next steps
Our lawyers have a unique advantage on other law-firms in our areas 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 Toronto 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 Mississauga Area including Hamilton, Caledon, Brampton and Ajax.
Prior to joining Affinity Law, Yalda was an associate at a Toronto Personal Injury firm…
Yalda Aslamzada
Prior to joining Affinity Law, Yalda was an associate at a Toronto Personal Injury firm where she devoted her legal experience exclusively to the area of personal injury law with a focus on victims who have sustained serious injuries as a result of motor vehicle accidents and slip and falls. She also handled Long-Term Disability and CPP Disability claims.
Prior to this, Yalda worked and articled at one of the largest insurance companies in Canada, where she gained extensive litigation experience in both Accident Benefits and Tort claims.
Yalda currently focuses her practice on personal injury/insurance litigation, real estate and corporate/commercial litigation.
Yalda has successfully appeared before the Ontario Superior Court of Justice, Small Claims Court and Financial Service Commission of Ontario.
Many people experience some level of depression, stress or anxiety at various times in their lives.But if your stress, anxiety or depression was caused by an accident or injury, can you recover compensation for your psychological condition if it impairs your ability to perform your job or to engage in normal, routine activities? Is it necessary that a physical injury be the cause or trigger for a legal claim of psychological injury or post-traumatic stress disorder? These are all questions, issues, and considerations that an experienced Toronto psychological damages lawyer from Affinity Law can address for you.
Claims for Mental Distress or Anguish
In many personal injury lawsuits where an injured person is bringing a claim based on the negligent conduct of another person or entity, the claimant will allege damages for medical expenses, lost income, diminished quality of life, pain and suffering, and psychological or mental distress. Mental distress claims can include a wide array of symptoms:
- Anxiety and stress
- Depression
- Phobias
- Changes in mood and personality
- Post-traumatic stress disorders (PTSD)
- Sleeping problems or disturbances
- Weight fluctuations or inconsistent eating patterns
- Nausea
- Diarrhea
- Chronic fatigue
- Lack of sexual desire
- Mood swings, irritability and aggression
- Lack of interest in social activities
- Chronic pain
It is necessary that a medical professional relate these symptoms to mental distress so as to prove a causal connection to the accident or incident as being the direct cause of your distress.
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:
- The emotional or psychological injury was a foreseeable consequence of the defendant’s wrongful or negligent conduct; and,
- 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.
Some unusual cases of psychological distress claims that Canadian courts have allowed to continue include:
- Prison inmates sued the federal government for “uncomfortable detention” wherein they allegedly were denied lack of access to sunlight, a barber, sufficient library resources, and adequate sleep resulting in extreme depression, erosion of self-worth, feelings of hopelessness, and nervous shock.
- A Calgary resident who sued a grocery co-op after she was banned for shoplifting alleged defamation, shame, loss of family honor, and which led to her husband’s suicide.
- An Ontario motorist who was allegedly speeding, texting and under the influence of alcohol sued 3 bicyclists whom she ran over and caused serious injuries to one and fatal injuries to another alleged her own psychological suffering including PTSD, extreme depression, and catastrophic impairment and anxiety. She did claim the cyclists did not have lights on their bikes, were not wearing helmets, and were not riding in a “prudent manner.”
Although these claims may seem extreme, there are often issues that news reports do not include that would justify or support reasonable and highly plausible allegations of mental distress. In the majority of accident cases where psychological harm is alleged, there are serious and credible factors that cause injured victims severe distress that diminishes their enjoyment of life and ability to function normally.
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.
Other factors that can demonstrate severe distress include:
- Duration of the condition—the longer you suffer on-going and chronic pain, the more credible is your claim that you are suffering severe emotional distress
- Related bodily harm or condition—your distress is accompanied by physical signs of distress
- An extreme underlying cause—you were a victim of a bombing, robbery where you were shot or stabbed, kidnapped, raped, or survived a car accident where one or more persons in your vehicle died or suffered gruesome injuries
- Loss of employment—you lost your job as a result of your physical injuries
- Medical records confirming nature and extent of your injuries
- Psychiatric or psychologist’s records confirming visits, medications, and therapies
- Physician’s report confirming your symptoms
If you demonstrate certain physical signs, this can be essential in proving that your psychological distress is real and sustainable. These are difficult claims to pursue that will require the skills of an experienced psychological damages lawyer from Affinity Law or an insurer will likely deny your claim.
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:
- Re-experiencing symptoms and suffer flashbacks and nightmares
- Intentionally avoiding symptoms—staying away from triggering events that can revive the traumatic incident, experiencing memory loss, emotional numbness, avoiding social contacts
- 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.
Car accidents are the most prevalent incident that leads to PTSD in those claiming emotional harm in lawsuits or claims since they are the most common personal injury claims. This is unsurprising given the millions of cars on our highways and roads every day. Some estimates are that 10% of car injury victims experience PTSD to some degree. Risk factors that can precipitate PTSD from a car accident include:
- Severe or traumatic car accidents
- A serious physical injury
- Other vehicle occupants were severely injured or killed
- You felt that your life was threatened
- You may have had a prior traumatic experience
- There is a history of mental illness
- You mentally re-experienced the trauma shortly after the accident
- There is a history of drug and substance abuse that has unduly influenced your mood and behavior
There is a family history of PTSD
Limits on Damages for Pain and Suffering or Emotional Distress
Damages for pain and suffering, which includes psychological or emotional distress, in Canadian courts are limited. Before your claim is even eligible for a non-pecuniary (non-economic) award, you must prove that your psychological injury in this case has resulted in “a serious and permanent impairment of an important physical, psychological or mental function.”
If your claim meets this threshold test, then your non-pecuniary damages award is statutorily limited to a current cap of $380,912, a figure that fluctuates annually depending on the rate of inflation. However, your award in an Ontario court is subject to a deductible of $38,818 unless your award for pain and suffering is at least $129,395.49 as it currently sits. For example, if you are awarded $100,000 for emotional distress, it will be reduced to $61,182.00. If your award was $40,000, you would receive only $1,182.00. Any award that does not exceed the deductible will result in your not receiving any non-pecuniary damages. There is no cap or limits on economic losses, which includes lost income and medical expenses.
For family members who are able to claim non-pecuniary damages for their loved one’s catastrophic injuries, their damages are subject to a current deductible of $19,409.49, unless their loved one died in which case the deductible does not apply to reduce the award. Their claims, however, must exceed a floor of $64,697.21 before the deductible can be waived. These deductibles increase by a rate of 1.6% annually.
Contact A Toronto 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 Toronto 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.
There is nothing more devastating than losing someone you love in an accident. These lethal accidents can occur as a result of someone else’s negligence in a variety of situations such as a car, truck, pedestrian or motorcycle accidents to name a few. If you have lost someone you love, it is imperative you do not hesitate to consult with an experienced Toronto wrongful death lawyer.
What Qualifies As Wrongful Death?
Unfortunately, thousands of wrongful deaths occur every year, and many lead to lawsuits. When a person’s negligence or intentional acts lead to the death of another, the family of the victim has a right to expect compensation. The family members often need an experienced lawyer to protect their rights and to investigate the circumstances of the accident, to determine whether it was preventable and to protect the rights of the surviving family members. A wrongful death claim can be made by family members who have lost a loved one due to the unlawful behaviors of someone else.
Types Of Incidents That May Qualify As Wrongful Death
Wrongful death does not include just any kind of incident that causes the death of another. The negligent or intentional behavior of a 3rd party must have caused the death. This requirement can make some cases more obvious than others and cover a wide range of incidents.
For example, the following can potentially qualify as wrongful death claims:
- Workplace accidents due to deficient training or oversight
- Unlawful actions like stabbings, assaults or other forms of attacks causing death
- Motor vehicle accidents caused by impaired driving, texting or recklessness
- Drowning accidents under premises liability
- Medical malpractice by doctors failing to treat an illness correctly
- Defective products or drugs causing death
Can I File A Toronto Wrongful Death Claim?
If you have lost someone in an accident caused by another party, you may be able to bring a wrongful death claim against that individual or business. Those eligible for compensation include the spouse, children, grandchildren, parents, grandparents and siblings of the deceased person. There is no requirement for a person to have been financially dependent on the deceased person to be eligible for compensation. To determine if you are eligible to file a wrongful death claim, you should consult with a lawyer about the circumstances of your case.
At Affinity law, our lawyers have over 30 years of combined experience in helping families who have suffered the most tragic losses. We have real experience in advocating claims arising from fatal accidents and in helping recover the benefits and financial compensation for families. We have dedicated resources, for conducting appropriate investigations, to root cause the incidents and determine who is responsible.
It is important to note that a statute of limitations exists in cases of wrongful death claims. This means that there is a time limit before filing a wrongful death claim. You must act quickly if you wish to obtain compensation. We help families navigate the complex legal claims that often follow from the loss of a loved one.
What Damages Are Recoverable In A Toronto Wrongful Death Claim?
While no amount of money will bring back your loved one, a person filing a wrongful death claim may be able to recover financial compensation for three general types of damages.
Economic Damages – These include funeral and medical expenses related to the death, loss of the deceased’s future earnings, and loss of the deceased’s future benefits.
Non-Economic Damages – These damages are things that have less tangible value. This includes pain and suffering, mental anguish, loss of inheritance, and loss of consortium.
Punitive Damages – Punitive damages are sometimes awarded in addition to economic and non-economic damages as a way of punishing the responsible party for willful or grossly negligent acts.
Contact Our Toronto & GTA Lawyers
We intimately know the criteria that is applied in the legal and insurance claims process and we effectively advocate for our client’s best interests. No matter whether the incident involved a motor vehicle crash or the use of a defective product or drug, we have the experience you need to investigate your claim and take the necessary legal steps properly.
If you would like to discuss your case, give us a call today at 1 844 786 5291 or email us at info@affinitylawyers.ca. We offer a completely free and confidential consultation of your case. We are here to help you and your family.
