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Mississauga Personal Injury Law Blog

Car accidents: Pedestrians and motorists must both take care

Pedestrians in Ontario will always be vulnerable, especially when they have to cross busy roads. The responsibility to protect lives is on the shoulders of both pedestrians and vehicle operators. If both groups comply with the applicable laws, auto vs. pedestrian car accidents might be avoided.

Since Jan. 1, 2016, motorists and cyclists have to stop at pedestrian crossings where there are crossing guards and yield the entire roadway. To make sure the pedestrians and the crossing guard are safe, they may only proceed once the pedestrians and guard/s reach the opposite sidewalk. This also applies to school crossings and other crossovers where crossing guards are present. Drivers are urged to keep a lookout for children and take particular care when they navigate school zones, residential areas and other areas where children are likely to be walking or playing.

Applying for short-term disability after age 60

Ontario residents who are 60 or older and unable to work may have questions about disability benefits. Can they apply for short-term disability or must they wait to apply for CPP retirement pension at age 65? The answer is that it might be best to file applications for disability benefits and pension simultaneously. The reason is that it typically takes longer for disability benefit applications to be approved, and pension payments may be made while the applicant waits for disability payments.

If the disability benefits application is approved for someone who already receives pension payments, the pension will be modified to disability. However, the applicant must not be 65 years or older, and he or she must have contributed the minimum required amount. Also, if the applications are not filed at the same time, the disability benefits application must be filed within the first 15 months of receiving pension payments.

Legal counsel essential after slip-and-fall injuries

Did you slip and fall on the property of a private homeowner, a business or the premises of an Ontario municipal government? Negligence on the part of property owners could make them liable for the injuries you suffered in such accidents. However, accusing property owners of failing to keep their properties free of hazards and challenging them in the court might be intimidating.

A solution is securing the services of Alam Law Office, a Mississauga law firm that focuses on fighting for the rights of those who suffered damages due to the negligence of others. No slip-and-fall lawsuit is easy to navigate, but having an experienced lawyer in your corner can ease the process. Our lawyers can assess the circumstances of your accident and explain your legal options, and if you have a claim, we can provide the necessary advocacy and support to help you recover damages.

Who can be sued for financial recovery after car accidents?

Following serious injuries or deaths in crashes on Ontario roads, financial relief may be sought through the civil justice system. Personal injury or wrongful death claims can be filed, regardless of the outcomes of any criminal proceedings. For civil lawsuits to be successful, negligence must be established on the part of the person or entity that is named as the defendant. Not all such claims following car accidents are filed against drivers.

If a drunk driver caused the crash, a restaurant or bar might be held responsible for supplying alcohol to an already intoxicated driver. If an auto defect caused the accident, the vehicle manufacturer and others in the supply chain might be liable. The same applies to other defects or malfunctions such as blown tires, faulty airbags or failing brakes, in which cases manufacturers may be named as defendants.

What makes you eligible to file CPP disability claims?

When someone in Ontario contracts a debilitating illness or suffers injuries that prevents a return to work, the financial implications can be devastating. Fortunately, disability benefits under the Canada Pension Plan are available to most people. However, specific requirements must be met before CPP disability claims can be filed.

The first requirement is for the worker's total contributions to the fund to be sufficient. Employers and employees make contributions to the pension plan, and the government manages records of all contributions. For a disability to qualify for coverage, it must be severe and also prolonged.

Hit-and-run car accidents: What if the driver remains at large?

Pedestrians in Ontario will always be at risk. While most drivers operate their vehicles responsibly, some are distracted or impaired, and they are frequently the causes of auto-pedestrian accidents. When pedestrians are struck in car accidents, their injuries are typically severe because they have no protection. Often, victims do not receive immediate care because some drivers choose not to remain at the crash scenes, leaving the injured victims for others to discover.

If the victim's injuries allow, it might be useful later if he or she can take note of the circumstances of the accident. The make and model of the vehicle, its colour and licence plate number along with noticeable dents or damage are all valuable bits of information. Anything that can assist law enforcement in locating the vehicle and identifying the driver might be helpful. However, in many cases, hit-and-run accident victims are too severely injured to gather information.

Slips and falls on Ontario sidewalks -- who is liable?

City bylaws in Ontario make clearing snow on the sidewalks adjacent to homes the responsibility of property owners. Does this responsibility also make homeowners liable for injuries suffered by victims of slips and falls on the sidewalks? An Ontario Court of Appeals says "No."

There are only two circumstances under which the owners of property adjacent to snowy sidewalks can be held responsible for the injuries of fall victims. If the sidewalk is part of an area occupied by a business, such as a coffee shop or grocery store, the business owner must maintain it and keep it safe for pedestrians. He or she can face premises liability claims if snow accumulation is not cleared within the required period after the snowfall.

Wrongful death claims best navigated by experienced legal counsel

Losing a loved one as the result of negligence of another person is likely one of the most heartbreaking events that any Ontario person can experience. It is not uncommon for surviving family members to experience feelings of frustration and anger after such an avoidable loss and the knowledge that they cannot bring that person back to life. However, they might recover monetary damages by filing and litigating a wrongful death lawsuit in a civil court.

Although it is true that no amount of money can replace a loved one, the unanticipated financial burden might be relieved by taking such legal steps. If you are in such a situation, the prospect of navigating complex legal proceedings could seem overwhelming, especially at such an emotionally difficult time. The personal injury lawyers at Alam Law Office are ready to provide the necessary support and guidance along every step of the way.

Steps taken after car accidents may influence recovery of damages

Being involved in motor vehicle crashes are never anticipated, and victims are often unsure of what to do immediately afterward. When car accidents are caused by the negligence of others, injured victims in Ontario typically have the choice to pursue financial relief. However, the steps they take -- or fail to take -- in the aftermath of the crash may jeopardize their chances of a successful personal injury claim.

Notify the police if there are injuries or if other driver/s appear to be under the influence of drugs or alcohol. Remain at the scene. Provide a statement to police and keep a copy. Taking cell phone photos of the scene and the vehicle damage might prove beneficial at a later stage. However, medical treatment is the primary concern -- even if there is no apparent concern, some injuries only become evident after hours or even days.

Disability claims may be rejected for insufficient information

Workers in Ontario may be eligible for retirement pension through the Canada Pension Plan. Employees who contributed to the plan while they were employed will qualify. However, if CPP contributors suffer injuries or medical conditions that prevent them from returning to work, they might be eligible to file disability claims for benefits. Also, the children of benefit recipients or surviving family members of deceased recipients may also apply for benefits.

An employee who is unable to return to work might have questions about proving or motivating his or her disability. The worker can obtain a CPP disability application kit that will ask the necessary information to allow the administrators of the fund to determine eligibility. The questions will cover the cause of the injury or condition and details of the manner in which it affects the applicant.

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