Personal Injury Law Blogs

When Should I Call an Auto Accident Attorney?

If you have recently been involved in a car accident and are struggling to pay the bills, it may be time to call an auto accident attorney to discuss your case. The injuries and damages resulting from a car crash can be financially devastating without proper legal representation, even if you were not at fault for the accident. An auto accident attorney can help you receive the compensation you deserve from the insurance companies, assemble evidence on your behalf, and assist with proving the opposing party’s fault or negligence.

Fair compensation for the damages and injuries from a car accident is often challenging to understand and quantify. Many drivers are not fully aware of their rights after an accident and may accept a settlement far below the value of their case. Be careful when speaking with another person involved in the accident or the insurance adjusters- what you say can affect the outcome of your case.

If your injuries from an accident where you weren’t at fault are difficult to pay for, it’s time to call for legal assistance. If your injuries have prevented you from going to work or receiving regular wages, it’s time to schedule a consultation with an attorney. An experienced accident injury lawyer will access your case to determine its value and provide you with appropriate next steps. 

What Should I Do After a Car Accident?

Immediately after a collision, check to make sure you and your passengers were not injured. Safety should always be a top priority, and seeking medical attention when necessary can be critically important. If you can, move your car out of the middle of the road or onto the shoulder. Do not open the car door until you are 100% sure it is safe to do so- this is particularly important for accidents that occur on the highway. If you are unsure, stay in your vehicle. Then, call 911 to notify them of the accident and if anyone needs medical attention.

The next thing to do immediately after the accident is to exchange insurance information with the other driver (or drivers) involved in the crash. You may also want to gather phone numbers or other contact information for following up after the accident. Next, gather evidence of the scene- take photos if possible and record license plate numbers.

The evidence gathered after an accident can provide substantial support for your case in the negotiations process or in the event that your case goes to court. After the police arrive and access the accident, you will receive a police report that can act as additional evidence for your case. The police report can essentially serve as an account of the accident but from a third party. Police reports often include statements from others who witnessed the accident. Next, it’s time to look into calling a personal injury lawyer.

What Situations Require an Auto Accident Attorney?

An accident injury attorney can provide legal assistance and advice in a few scenarios. If you aren’t sure what the right course of action is, it’s often better to consult a lawyer or schedule a consultation. Most accident injury lawyers provide free consultations and can help you to determine how you should proceed.

The Other Driver Was At Fault or Negligent

Fault in a car or truck accident case is assigned when someone is directly liable for causing the accident. Understanding who is at fault for an accident is often critical to the success or failure of car accident injury cases and directly impacts the value of the final settlement. If you think another driver in the accident could be found at fault for the accident’s related damages and injuries, calling a personal injury is often the best course of action.

Fault is not always a simple concept assigned to a single driver- sometimes, both drivers involved in an accident are liable for causing the accident and can therefore both be found at fault. In this case, each driver is said to be partially at fault. If a driver had the opportunity to take action to prevent the accident from occurring but did not do so, they may be considered negligent and therefore partially or fully at fault. Negligence and fault are often legally complex- you may want to check out this article for additional information on understanding these terms.

Your Insurance Company Payout Does Not Cover Medical Expenses

If your car or medical insurance coverage does not adequately cover the injuries that occurred as a result of the car accident, it may be time to call a personal injury lawyer. Not all insurance policies are created equal- you’ll need to check the terms and conditions of your policy. Many insurance providers will not pay the insured if they are found to be at fault. If your insurance provider is not providing proper financial support based on the terms of your policy, it’s time to contact a personal injury lawyer.

A Subrogation Claim is Filed Against You

If you’ve recently won a car accident injury case and received a settlement, your insurance provider has the right to pursue reimbursement for its initial payout through subrogation. Subrogation and subrogation waivers often come up in the terms of an insurance policy- you check with your insurance provider to get more information on their right to pursue.

Subrogation is another complex legal term that a personal injury lawyer can help you understand as it pertains to your case. However, there is plenty of information on subrogation available online to get you started. If you think that your insurance provider or the insurance adjustor is pursuing too much of your injury settlement, you may want to contact a personal injury lawyer so they can negotiate with the insurance company on your behalf.

How Much Does an Auto Accident Attorney Cost?

Most accident injury attorneys operate on a contingency fee basis, which means they only get paid if and when you win a settlement from the opposing party. This fee is typically a percentage of your settlement, which means that you won’t lose the settlement to legal fees. The initial meeting with most accident attorneys is free, which means there is no risk to scheduling a consultation to discuss your case today.

Standard Form Contingency Fee Agreement (SFCFA) Ontario, Canada

As of July 1, 2021, the Law Society of Ontario (“LSO”) has mandated the use of a Standard Form Contingency Fee Agreement and has enacted new rules governing contingency fee agreements. You can read and download the Standard Form Contingency Fee Agreement developed by the LSO by visiting their website. The key features of the Standard Form Contingency Fee Agreement (“SFCFA”) are outlined below.

The fee that you will pay us for legal services is a percentage of the money you get as a settlement or as an award at trial. The percentage also applies to any amount paid by the other side for costs. Costs is money to help you pay for legal fees but in most cases, costs pay only for a part of a person’s legal expenses.

As of July 1, 2021, we are required to disclose and post on our firm website the maximum contingency fee percentage we charge under the SFCFA which is set out below:

  1. Maximum Fee for Personal Injury Cases including Motor Vehicle Accident, Statutory Accident Benefits, Long-Term Disability, Product Liability, Slip and Fall and other Occupiers’ Liability Cases.

    The maximum fee we charge is 30% of your settlement or trial award including costs, plus HST.
  2. Maximum Fee for Medical Malpractice, Hospital Malpractice, Nursing Negligence, Dental Negligence and other Professional Negligence Cases.

    The maximum fee we charge is 35% of your settlement or trial award including costs, plus HST.

Why is there a difference between car accidents, slip and falls, and general personal injury litigation and the fees charged for medical malpractice litigation?

In our experience, the vast majority of personal injury lawsuits settle out of Court, generally either following the Examination for Discovery, at Mediation, or at Pre-Trial. While there are no precise statistics as to the number of cases which settle without trial, it is our understanding and belief that close to 99% of all personal injury lawsuits settle without a trial. For that reason, and because of the strong likelihood of an out-of-court settlement, our contingency fees for this practice area are less than what they are for medical malpractice cases.

Why are malpractice fees higher?

Medical and Hospital malpractice cases are among the most difficult, expensive and risky types of lawsuits. They involve complex issues of standard of care and causation and, unlike personal injury lawsuits, often go to trial. Law firms retained on behalf of doctors and other medical professionals defend these cases aggressively and take them to trial when they believe the case is defensible. Importantly, and in our experience, the decision by doctors and health care professionals to go to trial is not influenced by economic factors such the very expensive costs involved in going to trial. On the other hand, personal injury lawsuits, which are defended by insurance companies, are much more influenced by the cost of litigation.

As a result, when we accept a medical malpractice retainer, we expect that the case will proceed to trial, or, if it does settle, it will likely settle very close to trial, and only after our Firm has expended tens of thousands of dollars, and often more, on obtaining expert evidence to support your case. For that reason, given the complexity, expertise and expense of litigating these cases and the real risk of their proceeding to trial, the maximum fee that we propose charging is 35%.

Below is an example which will help you understand how fees are calculated in Personal Injury Cases using a percentage of 30% for illustration purposes:

This is a prototypical or basic example. Let’s assume that the case is settled for $100,000, plus costs of $15,000, which can be thought of as a contribution by the defendant(s) towards legal fees, for a total of $115,000. Let’s also assume that the disbursements are $10,000 for a total recovery of $125,000.

  1. Our fee is calculated at 30% of $115,000 for a total of $34,500.
  2. The HST on the fee of $34,500 is $4,485 for a total fee of $38,985.
  3. The disbursements of $10,000 are also payable to our Firm as we have paid for them on your behalf throughout the case.
  4. Therefore, the client will receive $76,015 on this example ($115,000 – $38,985 = $76,015).

What happens if you are unhappy with the account?

Every client in Ontario has the right to have the lawyer’s account assessed or reviewed by an Officer of the Court known as an Assessment Officer.

The assessments, generally, must be done within thirty (30) days of receiving the final account. The assessment office for the City of Toronto is located at:

Superior Court of Justice Toronto Assessment Office
393 University Avenue, 6th Floor
Toronto, Ontario
M5G 1E6
416-327-5121 
 

Contingency Fees – What you need to know.


If, prior to retaining our firm, you have questions about the fee structure or questions raised by the Law Society Guide, please email us at info@bogoroch.com or call us at 416-599-1700 and we’d be happy to answer your questions.

Our Objective
Our objective is to provide you with access to justice, and if we have the honour of representing you, to pursue your case with persistence, determination and strength no matter how difficult or costly the case may be.

We believe in clear, direct and practical legal advice. We are efficient and effective in bringing about prompt settlements. We believe that it is important for you to always know what is going on with your case. Our lawyers, law clerks and assistants are in touch with you by email or phone or Zoom on a regular basis. As much as we can, we aim to relieve and reduce the stress you have coping with your injuries.

Bogoroch & Associates LLP is dedicated to providing access to justice to all those who suffer injury as a result of the wrongful actions of others. Going to Court, however, can seem intimidating, difficult, time consuming, and, most importantly, expensive. It can make obtaining access to justice seem unattainable for all except the wealthy.

To ensure justice is available to all, we at Bogoroch & Associates LLP accept cases on a contingency fee basis. What does that mean for the client? A contingency fee agreement means that we will wait to get paid until after your case is concluded, and we will be paid only if you receive money either as a result of a negotiated settlement or an award at trial. If you lose your case, you do not pay any legal fees to us.

If we agree to take on your case, we don’t require any upfront payments for disbursements. Disbursements are payments for items and services from third parties such as court filing fees, the services of expert witnesses and medical records. We cover the cost of disbursements necessary to support your case for as long as we are your lawyers.

If you have been injured in a car accident or a slip and fall, or if you’ve been the victim of medical malpractice or wrongfully denied disability benefits, contact our personal injury lawyers today. Consultations are free and we would be honored to help you. Though Toronto based, we provide legal services across Canada.

Determining the value of your case.

“What is my personal injury case worth?”

This is perhaps the most common question asked at the onset of the client-lawyer relationship in personal injury litigation.

The most common answer provided by lawyers to their clients will likely be “It depends…” followed by numerous contingencies in relation to the impact of the accident on various aspects of your life which will materialize over time.

While answers will, at first, seem to lack the certainty and clearly defined parameters you initially desired, it is an accurate assertion of the nuances and complexities involved in the valuation of damages in personal injury litigation.

A plethora of factors will determine the value of your case, and ultimately only time will tell how these factors materialize and impact your life and, therefore, the quantum of damages in your case.

Throughout the life of the lawsuit, and as time elapses, the impact of your injuries on your ability to work, your ability to complete your daily activities (including housekeeping, hobbies, caregiving obligations, social activities and recreational activities) and your care costs will become more clear, more defined, and more easily quantifiable.

Damages are divided into two categories: (1) non-pecuniary damages and (2) pecuniary damages.

Personal Injury Law (Non-Pecuniary Damages):

Non-pecuniary damages are commonly referred to as “General Damages” or “Pain and Suffering”.

General damages are designed to compensate you for your physical and mental pain and suffering resulting from your injuries. Courts have considered various factors when determining non-pecuniary awards, such as the nature of your injury, the severity and duration of your pain, your age, and your level of disability, disfigurement, or loss of enjoyment of life.

As compared to the United States, non-pecuniary general damages are severely limited in Canada. As a result of three Supreme Court Canada decisions, known as “the trilogy”, the Court introduced a monetary limit on damages for pain and suffering, loss of enjoyment of life and loss of amenities of life.

As a result of this monetary limit, or “cap”, the most you can recover for general damages today is approximately $380,912.00 (indexed for inflation as of September 2018). It may seem unfair that the most catastrophic injuries, such as traumatic brain injuries, paralysis or loss of limbs, are subject to a limit on pain and suffering damages.

Personal Injury Law (Pecuniary Damages)

Pecuniary damages (or special damages) are damages that are measurable. These include past and future loss of income, past and future care costs and housekeeping expenses.

Past and Future Loss of Income

Your claim for loss of income can include past and future income.

To ensure that our clients’ past and future income loss is accurately quantified, Bogoroch & Associates LLP retains leading actuaries and accountants to prepare income loss reports that account for various factors which impact your future loss of income including, but not limited to, retirement age, market trends, inflation, promotions/advancements, disabilities, loss of competitive advantage and collateral benefits.

Bogoroch & Associates LLP, Toronto personal injury lawyers, also retains vocational and medical experts to provide a medical-legal expert opinion in regard to your ability to work in light of your accident related injuries.

Past and Future Care Costs & Housekeeping Expenses

Your claim for care costs can include past and future care costs such as the cost of medical and professional services or equipment you require as a result of your injuries. You must demonstrate what future care costs you will incur as a result of your injury. Housekeeping and home maintenance can also be a significant part of your everyday life and therefore is a recoverable loss.

Bogoroch & Associates LLP retains Occupational Therapists to complete thorough assessments and detailed reports outlining your past and future care needs. Their recommendations are subsequently quantified by an accounting firm, which Bogoroch & Associates LLP also retains.

Bogoroch & Associates LLP diligently requests your medical records from all treating health care practitioners to ensure that your claim for past and future care costs is substantiated.  We also retain vocational and medical experts to opine on your prognosis and respective treatment and devices you require as a result of your accident-related injuries.

We are experienced in all aspects of personal injury and medical malpractice litigation. We have the confidence and skill to advance your motor vehicle accident or medical malpractice claim to settlement or trial while helping you navigate the complex medical, legal, and insurance issues. If you have been injured in a car accident or a slip and fall, or if you’ve been the victim of medical malpractice or wrongfully denied disability benefits, contact our personal injury lawyers today. Consultations are free and we would be honored to help you. Though Toronto based, we provide legal services across Canada.

Amendments To Rule 76 of the Rules of Civil Procedures in Ontario, Canada

Important Rule Changes to Speed Up Litigation

Rule 76 of the Rules of Civil Procedure provides for actions of a lesser monetary value to proceed by way of a more streamlined process called the “simplified procedure.” The purpose of the Rule is to reduce the cost of litigating claims of modest amounts by reducing the amount of unnecessary, expensive and time-consuming procedure.  Significant amendments to Rule 76 were introduced on October 23, 2019, to take effect on January 1, 2020. The most significant changes are as follows:

  • Monetary limit is increased from $100,000 to $200,000.
  • Jury trials are not permitted trials will proceed by judge alone.
  • Examinations for discovery by each party to increase to 3 hours instead of 2.
  • Trial length capped at 5 days.
  • Costs capped at $50,000.
  • Disbursements capped at $25,000.
  • Hard limit of 3 experts
  • Examinations-in-chief to be done by affidavit only.

Mandatory Mediation and Rule 24.1

Simplified procedure cases commenced in Toronto, Windsor and Ottawa continue to be subject to mandatory mediation pursuant to Rule 24.1.

Pre-trial Procedures

The amended rules require that a pre-trial date must be scheduled within 180 days of the action being set down for trial. At least 30 days before the pre-trial conference, the parties must agree upon a proposed trial management plan to be filed five days before pre-trial. The judge or master hearing the pre-trial conference is to approve the proposed trial management plan fixing the division of time for each party at trial.

Under the amended rules, examination in chief of a deponent is not permitted. A party can cite evidence at trial by affidavit and, under Rule 31.11, by reading in evidence from examinations for discovery; the latter was not permitted prior to the amendments. The timelines for cross-examination, re-examination, openings, and oral arguments, are fixed by the approved trial management plan. At pre-trial, the presiding judge or master is also to fix trial dates, the number of non-expert witnesses and the dates for the delivery of any witness affidavits.

Trial Procedure and Elimination of Jury Trials

Actions commenced under the new procedure will move forward as summary trials, tried by a judge alone for a maximum of five days. The amendments prohibit jury trials. The restriction on the delivery of a jury notice does not apply to actions in which a jury notice is delivered before January 1, 2020. Lawyers may consider delivering a jury notice for any outstanding simplified procedure actions they have prior to the start of the New Year. Parties to actions involving a claim for malicious prosecution, false imprisonment, defamation, libel or slander may still deliver a jury notice on or after January 1, 2020, provided they continue their action under the ordinary procedure by delivering a Form 76A.

Parties intending to call expert evidence at trial must comply with the requirements of Rule 53.03 and must now must append to an expert report served under Rule 53.03, an affidavit from the expert in which the expert adopts the report for the purpose of giving it as evidence. Expert affidavits to be cited at trial are to be included in the trial record.

Costs and Disbursements 

Recovery of costs and disbursements will be limited to $50,000.00 and $25,000.00 excluding H.S.T, respectively, except where an Act provides otherwise, and subject to the cost consequences under Rule 76.13 for failing to use the simplified procedure. These new limits on recovery do not apply to actions commenced prior to January 1, 2020.

Summary of the Amendments to Rule 76 of the Rules of Civil Procedure in Ontario

As the monetary jurisdiction of Rule 76 is increased to $200,000.00, more injured plaintiffs can expect their cases to proceed by way of the more efficient and simplified procedure.

Never forget that it is your case. At Bogoroch & Associates LLP, we are committed to keeping our clients fully informed about when the case is likely to be completed, whether it will proceed under the simplified procedure of Rule 76, as well as providing an approximation of what your case is worth. For more information on the amendments to Rule 76 of the Rules of Civil Procedure in Ontario or any other legal matter relating to personal injury, please contact Bogoroch & Associates LLP. We offer free consultations and would be honored to help you.

Navigating the complex world of medical malpractice claims

Ask any Canadian lawyer and they will tell you that medical malpractice claims are some of the most expensive and difficult to pursue.  The injuries can be extensive. Outside of what might be available through private benefits and the Ontario Health Insurance Plan (OHIP), you must begin a civil lawsuit against the medical professional who caused you harm.

Choosing the right lawyer is critical.

Medical and hospital malpractice cases are difficult and complex. A lawyer with years of experience litigating medical malpractice cases is often the first step to a successful outcome.

Depending on the intricacies of the case, the lawyer may need to retain multiple experts to prove issues of liability and damages.  At Bogoroch & Associates LLP, we consult with only high-quality experts who are experienced and well-respected within their fields so that their opinions will stand up in court – and ultimately be accepted by the trier of fact.

Liability in medical malpractice claims is established by proving:

  • That the medical professional fell below the expected standard of care; and
  • That the failure to meet that standard of care caused you damages as a result.

As a patient, it is not enough that you experienced a poor outcome.  That poor outcome must have been caused by an unreasonable failure by the health care professional.

A breach in the standard of care is established by relying on expert evidence that shows that the medical professional:

  1. a) Made an unreasonable mistake; and/or
  2. b) Failed to provide you with enough information to receive your fully informed consent

The final piece of the liability puzzle requires establishing, through expert evidence, that the breaches in the standard of care likely caused the patient’s physical injury and/or economic loss.

This is where many cases are lost: the evidence involved is usually complex and in dispute between the experts.

Here, reliable, and persuasive expert evidence is key. The expert must be able to convince the Court that your damages would not have occurred (or would have not been as severe) but for the doctor’s mistake and error.

‘Informed consent’ cases also have a causation piece.  Let us say you prove that you did not give informed consent to a procedure or medication.  If a reasonable person in your shoes would have consented knowing the risks, benefits, and alternatives, then you will not succeed.

Damages

There is no doubt that medical malpractice cases are expensive, difficult, and complex.  At Bogoroch & Associates LLP, we are committed to providing access to justice by accepting medical malpractice cases on a contingency fee basis. What this means is that we only get paid if we win or settle your case. Our fee is indicated to be a percentage of your recovery. We do not charge a fee if the case is lost.

At Bogoroch & Associates LLP, our experienced team of Medical Malpractice Lawyers will advocate vigorously on your behalf, and we will seek to obtain the compensation you deserve as a result of medical and/or hospital negligence. If you or a loved one has been the victim of a medical or hospital malpractice, contact our personal injury lawyers today. Consultations are free and we would be honored to help you.

What is the deductible and how does it affect damage awards?

New accident claims article based on personal injury law in Canada.

When a victim is injured in a car accident, they are entitled to damages for pain and suffering, otherwise known as general damages. General damages are intended to compensate victims for losses that are not pecuniary, such as income loss or medical treatment costs. Pursuant to section 267.5 of the Insurance Act, general damage awards are subject to a statutory deductible, which is currently $39,556.53 and, since the legislation was amended in 2015, is indexed with inflation every year. Unfortunately, general damages awards are not rising with the deductible, resulting in increasingly lower general damages awards for plaintiffs.

The trend towards lower general damages was demonstrated in A.B. v White. The plaintiff sustained soft-tissue injuries and returned to work while dealing with chronic pain. Her physicians described her pain as “severe and debilitating”. Nonetheless, the jury awarded the plaintiff $42,250 for general damages. After the deductible was applied, the plaintiff received only $4,266.67.

In applying the deductible, Justice MacLeod noted that it was a “disastrous outcome” for the plaintiff and that the legislation worked against plaintiffs with moderate and smaller claims. Justice MacLeod stated:

[The deductible] illustrates the legislative intention that all but the most significant tort claims should be eliminated, and injured motorists be largely confined to claiming no fault benefits under their own insurance policies.

It also illustrates how annual indexing of the monetary threshold for unreduced general damages and annual indexing of the deductible may in short order make unreduced general damages largely unattainable. A review of jury awards in this jurisdiction over the past decade would reveal that general damages in excess of $131,854.01 are very much the exception. There is no evidence that jury verdicts have become more generous to keep pace with inflation.

Plaintiffs should be aware that due to the Insurance Act, their claims for pain and suffering will be subject to a deductible which grows every year.

Bogoroch & Associates LLP are committed to helping victims through these difficult times by providing effective, efficient, and compassionate legal representation. If you or a loved one has been injured in a car accident, please contact our personal injury lawyers today. Consultations are free and we would be honoured to help you.

To learn more, please download our free brochure on car accident claims.

The impact of COVID-19 on long term care homes

The COVID-19 pandemic has disproportionately impacted residents in long-term care homes. In Ontario (Canada), a total of 2,564 people has died from the novel coronavirus, 1,799 of which are residents in long-term care homes. It is no surprise that older age, complex chronic health conditions and underlying health problems are prevalent amongst residents in long-term care facilities thereby rendering them the most vulnerable demographic to the novel coronavirus. However, these factors alone do not explain the disproportional impact.

Instead, COVID-19 has brought to light longstanding concerns regarding the regulation and the enforcement of policies, procedures, and guidelines at long term care homes, because of this, there is more and more covid-19 testing being done to keep these senior citizens safe from infection as well as buying supplies like disposable masks. Inadequate compliance with the statutory regime that regulates long term care homes, more specifically, the Long-Term Care Homes Act (“LTCHA”), S.O. 2007, c. 8 and Ontario Regulation 79/10, was certainly of concern prior to the rampant COVID-19 outbreaks.

A failure to comply with the LTCHA and Regulation may amount to negligence and a breach of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2. Incidents giving rise to potential negligence against long terms care homes and staff include, but are not limited to, inadequate supervision, monitoring and surveillance resulting in falls; inadequate administration of nutrition and hydration protocols; abuse; and resident-on-resident violence and/or aggression.

There is a real risk that the novel coronavirus will only exacerbate the prevalence of incidents arising from negligence given the existing faltered system. The protection of residents in long terms care homes by stopping the spread of COVID-19 is paramount; however, the discourse must also shift to the prevention of incidents arising from negligence by ensuring compliance with the regulatory regime.

Recent Emergency Orders implemented by the government of Ontario may only provide an illusion of protection and adequate care and defence amid the outbreak of COVID-19. The following provisions of the Emergency Orders are highly problematic and perhaps detrimental to ensuring a safe and secure environment as mandated under section 5 of the LTCHA:

  • Long-term care home licensees are not required to ensure that the minimum number of staffing hours set out in the Long-Term Care Homes Act and associated regulation are met for a position, provided all the care requirements associated with that position are met; and
  • Long-term care home licensees are not required to meet the training and orientation requirements set out in the Long-Term Care Homes Act and associated regulation, provided they ensure staff and volunteers take measures to ensure resident care and safety.

Emergency Orders aimed at controlling the spread of COVID-19 must not, in practice, simultaneously detract from the fundamental requirements of the LTCHA and Regulation. Ensuring that sufficient and adequate staff is present and that these staff are adequately trained is vital to the safety and wellbeing of senior residents. Compliance with all aspects of the LTCHA and Regulation is critical in preventing injuries and deaths at long term care homes.

Bogoroch & Associates LLP are committed to helping victims through these difficult times by providing effective, efficient, and compassionate legal representation. If you or a loved one has been the victim of nursing home negligence, contact our personal injury lawyers today. Consultations are free and we would be honoured to help you. Consultations are free and we would be honoured to help you.

Are Personal Injury Lawyers Worth It?

It can be easy to scoff at all the commercials and billboards for personal injury lawyers that one sees. These lawyers can be derisively called “ambulance chasers” by some. But a personal injury lawyer plays an important part in the legal system and can be a great benefit to their clients.

Here is why hiring someone like a burn injury lawyer is worth it for a person rather than them trying to file their own claim.

They Are Experts At Figuring Out Compensation

A veteran injury lawyer like the ones from Mullen & Mullen can quickly assess their client’s injuries and determine how much they are worth. They can then take that to the courthouse and tell the defendant how much they will have to pay for their client.

They Know the System Well

Not only do they know what their client may get for their injuries, they also know what insurance will do in this situation. That means they can navigate the complexities with ease and make sure their client gets all the money that they deserve. This is especially important if there are several parties involved in this case, which can make the insurance situation even more complicated. In case you need an expert, check with mike morse.

They Will Fight on Their Client’s Behalf

There are times that insurance companies will not work in good faith. That can feel like a crushing blow to anyone trying to work their own case. If they have a lawyer, he or she will go after the insurance to make sure that everything is done fairly.

A big area for them is “pain and suffering” – they want their clients to get as much money for their troubles, and it is great to have someone looking out for them in that regard.

It is important to get the personal injury lawyer involved as soon as possible. According to the Mike Morse Injury Law Firm, if one were to try to file their own claim and then decide to get a lawyer a bit later, that will make the process even harder. One might try to do their own case if they live in a no-fault state or they got all they could from insurance. but it would be best to at least have a discussion with a lawyer before pressing ahead.

Ultimately, a personal injury lawyer like https://shunnarah.com/ can be well worth it for people who have had major injuries and need representation to take on the defendant’s counsel, whether it is insurance or the manufacturer of a defective product. Then the client can look back and realize that they made the correct decision.

Legal Deposition Services For You

Deposition summaries can cause stress and frustration to those with a heavy workload. It can be challenging to handle such a heavy workload alone. Many decide to outsource these summaries to a service that can give them the help that they need. By trusting a team of experienced and dedicated professionals, you have a plethora of support at your fingertips.

Summaries

The help that they can provide you with deposition summaries is widely ranged. However, when choosing legal deposition services that will help you, some of the benefits include the following.

  • Capturing testimony accurately and thoroughly
  • A choice of a format
  • Hyperlinking table of contents
  • Summary pages
  • Transcript pages

Providing the best experience each time, you get a professional service who does the job right.

Files

You will need help with filing, too, as this can be another area that causes frustration. A summary service will be able to help you in these areas.

  • Client documentation
  • Emailing and communication
  • Notes
  • PDFS
  • Correspondence

They will also be able to provide help with pleadings. Remember that you have a fleet of trained professionals at your fingertips that can help you most professionally when you use a service.

Why You Should Choose A Service

A service can provide help digitally, but they can also help you by offering you the benefits below.

  • Conflict checks
  • Summarization
  • Clear formatting
  • Trial prep experience
  • Availability around the clock

Customer service is a necessary part of trusting people to help you, and you need to know that if you have that need of them, they will be there. If not, then you cannot trust them. With this service, however, this isn’t an issue at all.

Audio

Audio help is another area that is of vital importance. Imagine if someone had misheard something or couldn’t understand? You’d have a trial that would be completely derailed. Ensuring that you are getting the fullest details is vital. A summary service can help you here as well as helping in other areas like these.

  • Police interviews
  • Dictations
  • DMEs
  • Recordings of abuse

Having audio help will ensure that no mistakes are made and ensure that everything goes smoothly.

Choose The Service That Can Help

By choosing a service that cares about you, you can lighten your workload, lighten your mood, be more productive and help people get the help they need. To find out about pricing, call for a consultation, and they can help you right away!

Fatal Truck Accidents- Statistics, Costs, Causes & Legal Claims Regulations

The cost of a truck accident or indeed any road traffic accident can vary substantially from one accident to the next. Dependent on the unique variables involved in a specific accident, whether or not there were fatal injuries involved and the type of injuries sustained will directly impact and correlate with the average amount that a truck accident costs.

How Much Does The Average Fatal Truck Accident Cost?

According to the FMCSA the average cost of fatal accidents involving trucks with a weight of more than 10,000 pounds equates to $3,604,518 per fatal accident. However this report was published in 2007 and this amount, adjusted to inflation, equates to 4.604 million in 2021 (27.7% rate of inflation from 2007 to 2021).

This average cost can increase from one state to the next. The cost of a fatal accident can be substantial and can vary from one state jurisdiction to the next. 

In 2019, The North Carolina Department of Transportation estimated that a fatal crash involving a truck in North Carolina, costs on average $10,417,000. The costs of truck crashes reduce in total cost per crash as accident severity decreases. 

Generally speaking the cost of a fatal accident will surpass seven figures. These costs increase with severity and the amount of individuals that were fatally injured. 

How Many Fatal Crashes Occur From Bus & Truck Accidents in The United States?

Bus and truck accidents account for thousands of crashes annually in the United States. From 1975 to 2018, the amount of truck accidents varied dramatically from year to the next. The fewest amount of truck accidents in a given year was in 2009. In fact, the three fewest amounts of bus and truck accidents in the United States occurred between 2009 (3,193), 2010 (3,512) and 2011 (3,593). It does not matter how damage is your car after an accident SELL US YOUR VEHICLE IN ANY CONDITION!

Conversely there have been years that accounted for a much larger amount of fatal accidents. The late 1970’s and the decade of the 1980’s had several fatal accidents involving trucks and busses. The highest years for fatal accidents relating to bus and truck accidents are 1979 (6,007), 1978 (5,758) and 1980 (5,353). 

It’s curious to consider that both the fewest amounts of fatal accidents, along with the largest amounts of fatal accidents involved years that occured in three year time spans. The fewest amounts of fatal accidents in a given three year time frame was between 2009-2011 for an average of 3,433 fatal accidents per year. The largest amounts of fatal accidents in a three year time frame occurred between 1978-1980 for an average of 5,706 fatal truck and bus accidents per year.

The table below outlines the amount of fatal crashes involving large trucks and busses between 1975 and 2018. Crashes peaked in the late 1970’s and generally decreased as time progressed.  The grey section from 2016-2018 had a spike in fatal accidents as trucks were reclassified to include some vehicles that were previously considered as light trucks. 

For years between 1975 – 2018, there were a total of 202,542 fatal crashes that involved large trucks or busses. Over this period of time, the average amount of fatal accidents amounted to 4,710 annually. 

What Causes Fatal Truck Crashes To Increase or Decrease?

There is no one-size fits all answer for this question. Rather there are numerous components that can impact the amount of fatal crashes in a given period of time. As time progressed over the latter quarter of the 20th century and into the 21st century, there were several regulations in the trucking industry that limited the amount of time that limits the amount of time trucking drivers can drive, along with other factors that a trucking professional can and cannot do.

While driving regulations were implemented into the trucking industry beginning in 1938. The now abolished Interstate Commerce Commission (ICC) set rules and regulations that outlined the amount of driving hours were limited to. However the Motor Carrier Act of 1980 deregulated the trucking industry and drastically weakened and decentralized the trucking unions. When unions are weakened, this can in turn lead to higher levels of competition, changes to the industrial norms and a shift in wages.

In 1982, The Surface Transportation Assistance Act was implemented that protected whistleblowers that reported safety violations from facing retaliatory measures. Whistleblowers that report unsafe working conditions can help facilitate a safer working environment, but whistleblowers can also become targets of retaliatory measures from employers and colleagues. While fatal accidents initially decreased in 1982, fatal accidents rebounded to an average of 5,074 bus and truck accidents over from 1983-1989.

In 1991, the US Congress recognized a need for a drug and alcohol free workplace in the transportation industry. The Omnibus Transportation Employee Testing Act required Department of Transportation Agencies to test their employees for alcohol and drugs. The Omnibus Transportation Employee Testing Act did not result in a significant decrease of fatal accidents over the following years.   

In 2003, changes were applied to the hours of service rules mandating a “34-hour restart”. The 34 hour restart period allowed truckers to reset their workweek if that driver is nearing the maximum allotment of trucking hours in a week. 

It is important to note that in 2016, the National Highway Traffic Safety Administration adjusted the vehicle classification of a truck to include 329 light pickup trucks as large trucks. With larger amounts of vehicles now classified as “large trucks”, the amount of fatal accidents in the three year period from 2016 – 2018, jumped drastically compared to the prior three year period from 2013 – 2015. 

For fatal truck accident data in the last quarter of the 20th century the average amount of fatal truck accidents in a given year equates to 5,092 per year.  

In the 21st Century (2000 – 2018) the average amount of fatal truck accidents in a given year amounts to 4,462 fatal crashes that involved large trucks or busses.

Between 2013 – 2015, the average annual amount of  fatal accidents equates to 3,780. After the classification of a trucking vehicle was revised, the amount of accidents increased to 4,537 per year. This reclassification of what is considered a large truck (greater than 10,000 lbs) resulted in an increase of fatal accidents in the amount of 20%. 

Do More Trucks On The Road Lead to More Truck Accidents?

While the average number of trucks continue to increase as the population of the United States grows, one would hypothesize that as the population grows, and as more trucks are on the road, the increase of fatal truck accidents would also follow. However, this is not the case. An increase in trucking regulations and safety measures helped facilitate a smaller amount of truck accidents as the amount of trucks on the road increased. 

Some of the most common causes of truck accidents include failure to maintain a truck, driver fatigue, excess speed, impaired driving and improper loading or hiring of unqualified drivers. 

For data available from the Federal Motor Carrier Safety Administration fatal truck accidents decreased in the 21st century compared to the latter quarter of the 20th century. The reduction of annual average fatal truck accidents reduced from 1975-1999 compared to the years 2000 – 2018. Since 2000, the average annual amount of fatal truck accidents have experienced a decrease in fatal accidents. The decrease in the 21st century equates to a 12.4% reduction compared to data available from 1975-1999.

As the years have progressed, trucking regulations and new safety measures have helped fatal accidents decrease from one decade to the next. It is however important to remember that as the population grows, so too does the demand for products – and the vast majority of products are delivered by trucks.