Is Your Insurance Company Concerned About Your Vehicle Accident Injuries?

Is Your Insurance Company Concerned About Your Vehicle Accident Injuries? is a post from: http://www.personalinjurylawyercalgaryinc.ca/

Alberta insurance companies are eager to compensate the insured for vehicle damage claims subsequent to accidents, but will aggressively defend themselves against compensating the insured for rehabilitation that stems from the very same accidents. Victims of accidents are regularly treated as if they have done something wrong and as if they are embellishing injuries to acquire treatment not usually covered by Canada’s healthcare system. To top this off, in Alberta, minor injury benefits now have a cap at $3,500 for individual victims of an accident, which is the lowest limit nationally, while damages extended just for vehicle repair is often a way higher cost than that of minor injury benefits.

Between seventy and eighty percent of accident victims are slapped with the $3,500 limit while twenty percent fall within a $50,000 limit with regard to moderate and major injuries. Before September 1, 2010, victims in both of these categories were extended treatments that could cost as much as $100,000. However, the government has begun new mandatory limits on disbursements and justify this practice as putting a stop to inflating insurance rates.

Victims who sustained catastrophic impairment are the only people with access to benefits of up to $1 million, but the government has plans to commence with a new definition to catastrophic impairment, which will make qualifications even more difficult than they already are.

The new limits just mentioned have been implemented in a conditions of rising resistance to benefit claims by insurers. Forty-two percent of plans for treatment are currently declined, which is an increase of eleven percent from prior denials during which the FSCO has failed to meet its 60-day limit for dispute mediation between victims and their insurers and waiting times are often in excess of a year.

This progression conspires to create the utmost difficulty for victims of an accident, and the courts are beginning to heed these trends. Recently, in the case known as, McQueen v Echelon, a lady was compensated an award of $25,000 for mental distress subsequent to her insurer’s failure to honor her claims, which denied her justified benefits twenty-one times in three years.

Alberta legislature is beginning to take notice of the grave issue in this tricky industry. The aspiration is that vital steps will be taken by the government soon to counteract unjust treatment of victims of vehicular accidents at the hands of their very own insurance companies.

Do you need a Lawyer After a Wrongful Death?

Do you need a Lawyer After a Wrongful Death? is a post from: http://www.personalinjurylawyercalgaryinc.ca/

After you lose someone you care about and love, it is hard to even know what to do, where to go, or how you will make it without them. With all the heartbreak and pain you feel, you have so much to do: write an obituary, plan the funeral, making insurance claims for the funeral, and making visitation plans. I am very sure that the last thing on your mind is finding an attorney, but any good attorney will tell you that is what you need to do as soon as possible in order to ensure the rights of every person that loves and was reliant on the person or people that died. There are four reasons to find an attorney as soon as possible after your loved one dies, and the first one has to do with evidence.

The first reason to hire an attorney as quickly as possible is the preservation of evidence. The police will probably be investigating, but if it appears that there was no criminal activity, they may close the investigation. The police may not secure all of what you need to proof who is at fault for you to use in a non-criminal court hearing. They may even try to say that your loved one was to blame. Despite what law enforcement says, there could be evidence that goes above and beyond what the law enforcement is knowledgeable about like deficiencies in the automobile or the road that could be the fault of the vehicle manufacturer, the town, or the Province that takes care of the roads. An attorney can hire an independent investigator immediately as well as a accident reconstruction expert in the right case. The attorney will take the right steps to ensure that the evidence is not ruined-even by an accident. The attorney can do all of this behind the scenes while you function daily the best way that you know how. The second reason to hire an attorney after a wrongful death is to get legal advice.

The second reason to obtain an attorney immediately is to get advice on who to speak to about the accident and what you should say or not say. In a vehicle accident, you will deal with only your own No-Fault insurer, but the insurer for the other driver could may attempt to contact you, as well as law enforcement and the coroner. People may also say that your loved one was at fault to lower the amount of compensation that you would get. Your attorney will assist you in determining what people you should talk to and what you should tell them. Do not speak to anyone involved in the case until you have spoke to an attorney, any attorney. The third reason to obtain an attorney is to ensure that no deadlines are missed.

Your attorney will make sure that you do not miss any important deadlines. Right after you get your attorney, they are responsible to you to let you know how long you have to file a lawsuit to protect your family’s rights. Everyone would rather settle their case outside of a courtroom at some point, but it does take time to get the information that is needed to back up your family’s claim. Meanwhile, if the time limit for for filing a claim comes and goes prior to filing a lawsuit to help you and your family, your family could lose any rights that they have to compensation. In a wrongful death case, the time frame could only be ten months after the loved one dies. The last reason to have your own attorney is that they can assist you with situations that are special to your own case.

The fourth and final reason to obtain an attorney immediately is that you can have your many legal questions answered by a skilled attorney that will consider any special circumstances in your case. The internet has a lot of helpful information on it, but it will not be individually tailored to your needs. Will any lawyer be able to help you is what I am going to discuss, since I did mention that earlier in the article.

I know I did mention hire any lawyer as soon as possible. You are probably thinking that some attorneys are better than others just like with doctors, dentists, plumbers, and waiters, and you are very correct. Obtaining a good attorney is vital when it comes to the compensation portion of the claim. After you have received the initial legal assistance that you need, you may then choose to reconsider the attorney you have chosen and find one that is a better fit for your case and individual needs. There are other reasons that you will want to make sure the attorney you hire is the right one for you.

Another reason you want to ensure that your attorney is right for you is that you only have one chance to get full compensation. It is like when you go to court, the decision is final. You cannot file another court case if the money runs out. This is one reason obtaining the right attorney is very important.

Also, and you will not find this documented anywhere, the amount of compensation you will get depends on what your attorney feels that your family deserves and not what you actually deserve. The reason for this is that in our legal system there is no set dollar amount for compensation except in Worker’s Compensation cases. There are some exclusions to the rule, like the fixed grievance awards in Alberta and other two Provinces. Even in these Provinces, other compensation dollar amounts are not pre-set. The truth is that every case depends on the particular circumstances of the case and so there have been a large range of court decisions where the surface looks very much the same. An attorney can advise settlement over a large range and still be “right.” It is more simple to settle at the smaller dollar amounts of course. It takes a lot more talent and time to win higher amounts. A lot depends on if the attorney is ready and able to take the through the whole court process (including a jury trial). Attorneys that usually settle get lower settlement offers. Attorneys that take the cases to trial obtain additional respect from insurance companies and other judges. The ones that will go all the way will request and get higher settlement offers. You can also switch attorneys without it costing you anything if you do it right.

If you handle changing attorneys properly, it will not cost you anything. Your attorney will have asked you to sign a contingency fee agreement. They usually state that if you no longer need and/or want the attorney, you will pay the attorney their hourly rate for the work that they have done up until that date. On the other hand, and this is something you will not find in writing, if you have a good claim, other lawyers will be happy to represent you and will agree to look after the first lawyer’s fees so you don’t have to. Always be sure to discuss with your attorney any concerns that you have. If you are going to hire another attorney, talk to the other attorneys first. You may see that you like your original attorney better and decide to stay with them. If you do decide to get a new attorney, reach an agreement with the new attorney that all fees and costs that you acquire from the first attorney will be taken care of by them. Be sure to obtain that in writing. The new attorney will take care of anything else, including letting the old attorney know that their services are no longer needed and setting up to get your file from them.

Seeking Compensation for Paintball Injuries

Seeking Compensation for Paintball Injuries is a post from: http://www.personalinjurylawyercalgaryinc.ca/

What Is Paintball?

Paintball is a popular game for millions of enthusiasts, worldwide. Players of the wildly popular sport pretend to engage in real combat utilizing “paintball guns”, with which they actually shoot opponents using pellets filled with paint to tag their opponent as having been shot. Paintball guns utilize compressed carbon dioxide to create projectiles from the tiny pellets filled with simple marker paint, which explode when they make contact with a person or other object.

Paintball has received some attention for being a controversial sport, because critics think an unreasonable risk is undertaken by players who could suffer serious injuries such as being blinded or dying. When paintball projectiles are shot from a paintball gun, they have the ability to travel between 250-300 feet every second, which is equivalent to about 200 miles per hour. If you or a relative have been hurt while playing the sport, you may be able to file a personal injury lawsuit to receive just compensation for your injuries.

Common Paintball Injuries

An estimated 20-45 injuries take place for every 100,000 people engaged in paintball. Among many of these injuries, the sufferers are minors. According to the CPSC (United States Consumer Product Safety Commission), these injuries to kids under 15 increased by doubled during 1998-2000. Minute injuries can include cuts, bruises, and raised welts. It’s also not unheard of for players to suffer sprained or twisted ankles while running on fields or experiencing shortness of breath when shot in the throat during game-play. More grievous injuries that have occurred are eye and ear injuries and even death.

Paintball Eye injuries

The most common paintball injuries are eye-related. It’s estimated that 85% of paintball injuries are eye-related. These injuries are, unfortunately, growing. Paintball eye injuries being treated in emergency rooms grew from an estimated 545 in 1998 to in excess of 1,200 in 2000. More than 40% of these injuries were suffered by male children. Specific kinds of paintball eye injuries tend to include bleeding in the eye, detachment of the retina, cataracts, abrasions to the cornea, and bruising and swelling of the retina. Many of these injuries end in irreversible visual impairment or total loss of vision.

Paintball Ear injuries

Next to eye injuries, the most common paintball injuries are to the ear. A close range shot with a paintball to the ear can cause a concussion, an ear drum rupture, ear ringing, ear cartilage damage to the ear (disfiguring the outer ear), or even permanent hearing loss or partial hearing loss.

Paintball Deaths

In 2004, the CPSC issued a safety warning regarding paintball guns subsequent to two untimely deaths related to carbon dioxide canister detachment from paintball guns. In 2003, a boy of 15 met his end subsequent to being struck in the head by the carbon dioxide cylinder he removed from his paintball gun while still under pressure. In 2004, a woman of 37, who was an innocent bystander, lost her life as a result of being struck in the posterior portion of her head by a carbon dioxide cylinder erroneously unscrewed from a gun by a player. The woman’s husband sued the paintball gun manufacturer, arguing the device was defective and caused his wife’s untimely death. His lawsuit was settled for $8 Million.

Possible Legal Claims in a Paintball Injury Lawsuit

Paintball Negligence Injuries

The most common legal claim in lawsuits involving personal injury is negligence. In this type of claim, the plaintiff suing the defendant, makes the argument that their injuries were caused by the carelessness of the defendant, who is being sued. If one is able to provide proof that their paintball injury was caused by negligence of another such as another player or the failure of the paintball facility to provide protective gear, one may be able to recover just compensation for injuries incurred.

Defective Product Paintball Injuries

If a paintball injury was caused by a defective or unsafe product such as a defective paintball gun or mask, one may be afforded the ability to engage in a product liability claim against the developer, distributor, or retailer of the defective product.

Assault & Battery Paintball Injuries

If a paintball injury was due to another player’s intentional act as opposed to an accident, one may be able to sue under “assault or battery”.

Defenses in Paintball Injury Cases

Assumption of Risk

Since playing paintball involves a degree of risk, the defendant may utilize the “assumption of risk” defense. Using this defense, the defendant makes an argument that one is not entitled to compensation due to the choice one made to engage in an activity that presented a known risk of harm to oneself.

Consent

Consent is a common defense in an intentional assault and battery tort lawsuit involving contact sports such as paintball. A defendant may raise the argument that consent was present and will have the burden of proving that the injured party agreed to the possibility of being harmed. If this defense is fruitful, the defendant won’t be held legally at fault for injuries incurred during this activity.

Compensation in Paintball Injury Cases

The primary purpose of a financial compensation, “damages”, in personal injury cases is to provide just compensation to an injured party because they incurred losses from their injury. Damages possibly recovered in any lawsuit regarding paintball injuries depend on the nature of the injury suffered, but tend to include reimbursement for medical expenses and compensation for pain and suffering due to the injury.

Can I sue Someone for Slandering me on Social Media?

Can I sue Someone for Slandering me on Social Media? is a post from: http://www.personalinjurylawyercalgaryinc.ca/

When individuals believe that their character is blemished due to a thoughtless comment posted on Facebook, Twitter, or other social media sites, they may think about looking into a defamation claim against the people or person that said the offending things about them. By filing a defamation lawsuit, they could be able to receive compensation for for the damages that they have sustained. Online defamation happens more and more these days with the continuing growth and rise of people who are active in social media.

Social media has grown by leaps and bounds during the twenty-first century with the creation of a variety of social media sites. Also, online commentary sites like Yelp, and review sites have empowered people to leave reviews that that allows thousands of people to read what they have to say. A lot of social media sites exist on the premise that users have to be allowed to share information. A lot of the time, this sharing happens with no concern to what the truth actually is or without regulatory oversight. Also, anonymous profiles and sites have permitted individuals to post what they think right in the moment. Some users also act very different than they would in real life. Online commentators could be rewarded with attention and public support when they ridicule other people. The majority of sites look for pornographic or inappropriate content, but they do not watch for possible derogatory posts. Potential defendants is an important element of these kinds of cases.

While some victims have the hope of going after the internet service providers or the owners of websites with the hope of obtaining a lot of money a federal law called the Communications Decency Act puts a stop to suing these entities for slander. What people that have been done wrong ought to do is to file a claim against the person or entity that posted or said the derogatory comment. This is often done by filing a claim in the proper state court. Elements of defamation are also crucial to social media slander cases.

Every state probably has different when it comes to slander cases. Typically, defamation is a untrue statement that is published and can damage a person’s reputation. The victim in the case has to prove that the statement was false and the burden of proof is on the person that files the lawsuit. The statements that were said by the defendant also have to be proven as fact when it gets to court. On the other hand, a opinion may be thought of as fact if a person with any reason would have thought of it as such. The definition of published is also important to these kinds of cases.

Published usually means in print, like in a newspaper on a site on the internet. It can also mean being verbally spoken in front of other people. This condition is met if what was said somehow got to a third party. Proving that a statement was put into print, is not hard for social media cases, given that the plaintiff prints out the documents and bring them to court as evidence. Also, the content is thought of as published no matter if a few people read it on a website that is not very popular or thousands of people read it on a website that has a giant fan base. How serious the damage to someone’s credibility is usually what determines if they receive any compensation at all.

In order for a plaintiff to win in a defamation lawsuit, they have to prove that the damaging comments have hurt them in some way. This may be shown by showing that the damage was important, significant, and can be proven. This goal can usually be met by showing the victim’s reputation has been hurt. If the person who was slandered online owns a business, the damages could be a loss of business and/or profit. Certain comments are so very damaging may not have to show actual damages, like comments accusing the person of committing a crime, of not doing their job right, of certain sexual behavior, or of having a contagious illness. A good way to determine if a person’s reputation is hurt or if the comment would case the individual. There are specific types of Defamation.

In cases like these, not all dishonest or mean statements are legally allowed to be sued. Thankfully, a lot of these mean and sometimes hateful comments are permitted in a court room. If you state on a social media site, that a person is abusing their children and spouse, such a statement would be disparaging even if it is not true. Also, even if individuals are partly true and partly false in what they say, they can still be held liable of defamation.

The Internet has a lot to offer everyone in life. You can do your work, play games, email friends, family, and coworkers, participate in social media. What should never be a part of is degrading anyone online, especially when it comes to lying about people with the goal of ruining any aspect in their life: work, family, friends, etc. If we feel ourselves getting angry while on the Internet, take a step back, breathe, calm down and relax before you go back to the situation. Hopefully, what I say will help you handle the situation if someone ever slanders you. Unless it gets truly bad and insulting, try your best to ignore it unless it gets the best of you, then considering filing a lawsuit while remembering all the information I have shared with you today.

How Much Should I Pay for A Slip And Fall Injury Lawyer?

How Much Should I Pay for A Slip And Fall Injury Lawyer? is a post from: http://www.personalinjurylawyercalgaryinc.ca/

The last thing you want to cope with when you have been injured in a car accident or a slip and fall accident is legal costs when you decide you want to lodge a claim against the at fault party. Luckily, the vast majority of lawyers who specialize in personal injury cases undertake most personal injury claim cases with the understood contingency that their client will not need to pay any upfront fees until their claim has been settled or a judge has decided on a case verdict if the case goes to court.

When a judgement or settlement has been made, the lawyer representing a client in a personal injury case will then be compensated for any legal expenditures their firm incurred as well as their fee for their legal expertise in the case and their services. Typically, you can expect their fee to be a percentage value accessed to your claim or judgement. Percentages can vary depending on the case or claim’s complexity and other factors. Some big factors are issues of liability, the monetary value of the claim, and pre-existing health conditions applicable to complicating the claim or case. Pre-existing health conditions can reduce the monetary value of a claim or judgement.

It’s vital that you have complete trust in the lawyer and his or her firm from which you retain services. It’s well worth paying a slightly higher fee for legal representation if you feel that you are in safe and capable hands when faced with a personal injury claim or case. Always remember, you get what you pay for!

Read more about avoiding slip and fall injuries.

How Much Should I Expect to Pay A Malpractice Lawyer?

How Much Should I Expect to Pay A Malpractice Lawyer? is a post from: http://www.personalinjurylawyercalgaryinc.ca/

If you are a party in a vehicle or a slip and fall accident, you should not have to be concerned about what an attorney will charge you for representing you for filing a lawsuit against the person or people who are at fault for your injuries. Fortunately, the majority of personal injury attorneys will take your case on a “contingent” basis. What this means is that you do not have to pay the attorney anything up front. Instead, you will pay prior to your claim being settled or a judgment is granted.

After your case is resolved, the lawyer will be entitled to be compensated for any expenses that they accrued while working on your case and a charge for their legal services. Usually, the charge is a portion of the value of your claim. The amount may be different from claim to claim, dependent on a combination of circumstances like how difficult the claim was, issues of liability (determining who was at fault and whether or not they will admit to being guilty), the dollar amount of the claim, health problems that happened before the accident that may make it harder to file a claim or lower the monetary value of the claim, etc.

It is very important how well you trust the attorney that is handling your claim. Do not underestimate the value of this. You get what you pay for, and it is worth it now and in the long run for you to feel comfortable that your attorney is has enough experience and knowledge to handle your case and go to bat for you inside and outside of the courtroom.

What is Covered if I am Injured While Driving for Work?

What is Covered if I am Injured While Driving for Work? is a post from: http://www.personalinjurylawyercalgaryinc.ca/

A question we are often asked is what choices a person has if they are injured while driving for work. If you get hurt while driving a vehicle for work purposes and collect benefits from the Workers’ Compensation Board, odds are that you will not be able to take the person who was driving the other car to court.

The Workers’ Compensation Board does not allow a worker to take another worker to court if both of them are working when the wreck happens and both of them are protected by the Workers’ Compensation Board.

On the other hand, if the other party is not working (or is not able to be covered by the Workers’ Compensation Board), you have the right to take the other driver to court. You can then take the other driver to court for damages, for pain and suffering, and any money you lose that is not covered by the Workers’ Compensation Board. The Workers’ Compensation Board will give you the funds that you are are allowed to under the laws. After this is complete, then you can take the other driver to court to cover your damages, pain and suffering, and any income that you have lost that is not covered by the Workers’ Compensation Board. The Workers’ Compensation Board guidelines say that you must file a claim on their behalf with the goal of getting back the amount of the benefits that you received under from the Workers’ Compensation Board.