Personal Injury Law Blogs

Long Term Care Homes and the Risk to Seniors during COVID-19

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.

Long-term care homes in Canada are facing an unprecedented health care challenge. The highly contagious COVID-19 pandemic has drastically compromised the safety of the elderly, who are among the most vulnerable to the virus. It is no surprise that a significant percentage of the COVID-19 related deaths across Canada have occurred in long-term care facilities.

The Residence Herron in Montreal is the most glaring example of this with an alarming thirty-one deaths since March 13, 2020. Health care officials have confirmed that many of the staff had deserted the facility, with reports of residents found lying in soiled beds, abandoned, hungry and thirsty. Sadly, the Pinecrest Nursing Home in Bobcaygeon, Ontario has also confirmed nearly thirty deaths since March 20, 2020. Despite being highly contagious with airborne and droplet transmission, many of the residents were not appropriately distanced from each other to mitigate the spread of the infection. Similarly, Eatonville Care Centre, a long-term care home in Etobicoke, Ontario has also reported that thirty-one residents infected with the virus have now died.

While these are extraordinary times, the news media has shed a spotlight on the systemic problems concerning long-term care facilities. In particular health, safety and sanitary problems have long plagued nursing homes. Among these downfalls include the paucity of specialized personnel, chronic staff shortages, heavy workload, and low salaries, placing the residents of these facilities chronically at risk.  

Long term care homes are regulated by the Long-Term Care Homes Act (“LTCHA”), S.O. 2007, c. 8 and Ontario Regulation 79/10 made under the LTCHA. The LTCHA is designed to help ensure that residents of long-term care homes receive safe, consistent, high-quality, resident-centered care. Long-term care homes may be legally responsible for the injury or death that occurs following neglect, abuse, or improper care, and may be liable to provide financial compensation to cover medical bills and pain and suffering stemming from the incident. Long term care homes can be found liable when management or staff members neglect to take some action to prevent the incident from occurring. 

As the pandemic rages on, the Government of Ontario has implemented Emergency Orders that have allowed for greater flexibility to the LTCHA. During the declared emergency, long term care homes are authorized to fill any staff position with a person who, in the long-term care home licensee’s opinion, has adequate skills, training and knowledge to perform the duties required for the position. Additionally, pursuant to the Emergency Order, long term care homes are not required to:

  • Ensure that the minimum number of staffing as set out in the LTCHA are met for a position, provided that all of the care requirements associated with that position are met;
  • Comply with training and orientation requirements provided that staff and volunteers take measures to ensure resident care and safety;
  • Comply with prescribed screening measures provided that they adopt other measures that ensure resident care and safety;
  • Document information unless it involves an incident of a “significant nature” or is required to ensure the proper care and safety of a resident;
  • Immediately document changes to a resident’s plan of care unless they involve changes of a “significant nature” or of which staff members and others need to be immediately aware;
  • Use flexible processes for the admission, transfer, and discharge of residents.

The goal of these emergency measures is to give long term care homes flexibility to respond to the pandemic. However, there is cause for concern that there may be an increased rate of incidents of negligence. For instance, there may be unqualified staff that lacks the expertise or credentials to work with the elderly, causing more harm to such a vulnerable population.  Poorly trained employees may not be adequately trained in infection control. Also, loosening the requirements of documentation, such as incident reporting, can further increase the risk to seniors who experience negligence or abuse.  There can be a lack of transparency in reporting, hindering accountability. It is important that we remain vigilant about protecting our most vulnerable population during the pandemic. Long term care homes must continue to ensure a safe and secure environment for residents. 

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.

Children With Sports Injuries: Who Is Liable?

Bogoroch & Associates LLP strongly believes that injuries and accidents are entitled to access to justice. The following is based primarily on personal injury laws in Ontario, Canada:

When a child plays on a sports team or participates in a physical education class, there is a serious injury risk. If your child has been injured in these circumstances, it is possible to be compensated. Canadian courts have affirmed that an athlete, by willingly participating in a sport, does not assume responsibility for all risk of injury.

School boards, coaches, teachers, and athletic organizations have a duty to supervise children playing sports in the manner of a “prudent or careful parent,” considering all the surrounding circumstances and the number of children under supervision. This “careful parent” standard means that schools and coaches must:

  1. Ensure that the activity was suitable for the children’s age and condition;
  2. Properly train and coach the children in the activity;
  3. Provide adequate equipment and arrange it suitably; and,
  4. Properly supervise the activity.[i]

For example, the school board Myers v. Peel County Board of Education failed to follow numbers 3 and 4 of the above list.[ii] In that case, a 15-year-old boy was injured while trying to dismount the rings in gymnastics class. The Physical Education teacher had given Myers permission to practice on the rings without supervision.

At trial, the teacher testified that Myers had been taught the appropriate safety measures, such as having a “spotter” to break his fall. However, the Supreme Court of Canada held that the faculty should not have allowed students to use the rings without supervision. It was also found that the school did not provide adequate protective mats below the gymnastics equipment.

However schools and coaches are only liable for reasonably foreseeable risks of injury. They will not be held liable if the injury was unforeseeable or if the injury could not have been prevented by taking reasonable precautions.[iii]

Unforeseeable injuries include situations where a player demonstrates a deliberate intent to cause serious injury to another player.[iv] In Thomas v. Hamilton (City), the plaintiff broke his neck while tackling another player in a high school football game.[v] His coach had taught the team the correct techniques for tackling, such as instructing players to slightly extend their necks and make initial contact with their shoulders rather than their heads. It was established at trial that the plaintiff did not follow the correct tackling technique. Therefore, the Ontario Court of Appeal held that the coach and school board were not liable for Thomas’ injuries. The injury was sustained during a routine play and fell within the inherent risks of contact sports.

Thomas also argued that he had a neck condition (termed “long, lean swan neck”), making him more susceptible to neck injuries. It was alleged that the coach should have recognized this condition and warned Thomas about the increased risk. However, the court rejected this theory. It held that the “long, lean swan neck” theory was not widely known outside academic literature at the time, and coaches could not be expected to (a) know of the idea and (b) recognize it in the player. Coaches are expected to demonstrate a higher level of skill and expertise in the sport than the average person, but they are not expected to know absolutely everything about the sport.

Finally, once a player has been injured, schools and coaches must provide prompt medical services. The coach in Poulton v. Notre Dame College was found liable for his injuries because he refused to let the player see a doctor. The player developed severe hip infections, which may have been prevented by prompt medical treatment.[vi]

Bogoroch Associates LLP is passionate about helping people and children who have experienced injuries and accidents.

Bibliography

[i] Thornton v School Trustees of School District No 57 (Prince George), 73 DLR (3d) 35, [1976] 5 WWR 240; aff’d [1978] 2 SCR 267.

[ii] Myers v Peel County Board of Education, [1981] 2 SCR 21.

[iii] Dunn v the University of Ottawa, [1995] OJ No 2856.

[iv] Ibid at para 36.

[v] Thomas v Hamilton (City), Board of Education, [1994] OJ No 2444.

[vi] Poulton et al. v Notre Dame College et al. (1975), 60 DLR (3d) 501.

When to Hire a Lawyer for Injuries at Work

All employers are by law required to give their workers reasonably healthy and safe working environments. Even so, this is not always the case, and you might be injured at your workplace. The common work-related injuries include slips, falls, spinal injuries from heavy lifting, strain injuries, equipment malfunction injuries in factories, and car accident-related injuries.

Anyone who is seriously injured at work should get help from a trusted hurt on the job lawyer rhode island. You have the legal right to file a claim for workers’ compensation when injured at work. Though, your rights for compensation will vary according to your state. In general, workers’ compensation laws allow you to seek medical attention for your injury, get disability compensation if you need time off, file a claim for the injury you sustain and be represented by an employment attorney for your claim.

The following are some instances in work-related injuries where your first call after getting medical attention should be to an employment attorney so that you are assured of fair compensation for your injuries.

Your Workers’ Compensation Will Not Cover Everything You Need

At times, your workers’ compensation is limited in how much it can pay for your hospital bills. When these bills surpass the limit, and you have not yet fully recovered, you are left on your own. Moreover, you sometimes might be permanently disabled and cannot manage to work indefinitely to sustain yourself but, your workers’ compensation does not see the need to continue supporting you with weekly payments or a lump sum settlement. If you cannot get everything you need from your workers’ compensation, an employment attorney from https://www.helpingthehurt.com/ can help.

Your Employer Defends Him/Herself against Your Claim or Retaliates

Sometimes, bosses deny their workers’ claims for compensation for injuries sustained at work. This is because they do not want to be considered high-risk clients by insurance companies and pay high premiums. Other bosses will start discriminating against you at work by reducing your pay or working hours to bully you into abandoning a claim. Getting philadelphia workers’ compensation lawyer in these cases ensures you get fairly compensated and suffer no work-related discrimination.

Your Injuries Are Caused By the Actions of a Third Party

Workers’ compensation is meant to avert a civil lawsuit for injuries sustained in the workplace. Even so, you are still allowed to sue and get compensation if someone apart from your employer caused your injury provided it is related to your work. For example, if you are a delivery person, then a driver hits you while you are out making deliveries and severely injures you, then you have the right to claim for workers’ compensation. In this case, you can also get compensated by the motorist that injured you, meaning you get compensation from two parties. Unfortunately, workplace-related injuries involving a third party are not very easy to win without the input of an experienced employment lawyer.

Are you looking for professional workplace physiotherapy Brisbane? With the help of Safe and Healthy, a trusted company that helped hundreds of Australian businesses reduce and prevent injuries, your employees will be able to reduce their health risks.

You Are Currently Receiving or Want to Apply For Social Security Disability Payments

At times, you might already be disabled and are receiving SSDI {Social Security Disability Insurance} benefits at the time of your work-related injury. On the other hand, the injury you sustain at your workplace might qualify you to receive these benefits. Either way, the structuring of your workers’ compensation settlement will affect the amount of SSDI benefits you receive. In most cases, the benefits are reduced. An attorney can help you structure the settlement’s payout in a way that has a minimum effect on your SSDI benefits.

Even when you have a relatively straightforward case that does not fall among the above, consider contacting an employment lawyer to get a free consultation on any complexities that might hamper your compensation. Nonetheless, not everyone who is hurt at work will need an attorney to handle their workers’ compensation. The following are some instances when you do not have to hire an employment lawyer to help you get This workers’ compensation:

  • Your injury is minor, like a cut that needs a stitch or two or a twisted arm.
  • Your employer does not dispute that you were injured at the workplace.
  • You have not taken too many days off work to recuperate after your injury.
  • There is no pre-existing illness affecting the same body part injured in your workplace.

In instances when you are sure an employment lawyer is necessary for your workers’ compensation claim, do not let your lack of funds forego the attorney’s hiring, look for an expert that will not overcharge you, look for Bob Bratt. Employment lawyers do not bill their clients in an hourly fashion. They instead will charge a contingency fee. This is a percentage of the compensation you will be paid when you win the claim. Most states have a limit on the percentage a lawyer can claim for his/her fees. All in all, when injured at work, get the lawyer to help you win your fair settlement.

People Are Being Misled on The Time Limits on Making a Claim for an Injury Compensation Claim

Based on personal injury law in Florida and generally in the US

The field of compensation law encompasses a wide variety of types of personal injury cases. A compensation claim can be made when an individual suffers bodily, mentally, or dies because of someone else’s negligent conduct. 

Personal injuries can take numerous forms and occur in various situations, with the law classifying them accordingly. Vehicle accidents and industrial injuries, for example, are governed by rules that are specific to the circumstances. 

These statutes spell out the procedures and requirements for each form of claim, as well as the time limits within which an injured individual can file a claim. This is known as the ‘statute of limitations.’ If a claim is not filed within this time frame, the potential plaintiff may be considered ‘statute barred.’

A statute of limitations is legislation that limits the amount of time to file a civil case with a court. These are for various types of litigation, and each state and the federal government have its own deadlines.

Most personal injury lawsuits, or situations where the basis for liability is the personal injury law notion of “negligence.” These cases may be subject to the same statute of limitations in any state. This covers litigation arising from car accidents, slip and fall occurrences, dog bites, and other types of injuries. However, a single lawsuit may contain many claims (or “causes of action” in legalese) with varying deadlines.

After an automobile collision, you may file a lawsuit against the at-fault motorist, with one cause of action for personal injury (your physical hurt) and another for property loss (damage to your vehicle). 

How Long Do You have to File a Personal Injury Claim After an Accident?

A personal injury claim must be filed within three years of the date of the accident or the date of your illness’s diagnosis. This time limit is sometimes called the “limitation period,” and you must not wait too long to file your claim.

The court has the power to extend the three-year deadline, but this is uncommon and would require a compelling justification. It is safer to assume that this time restriction may not be opened. You should contact an attorney as soon as possible following your accident to begin your claim.

Within three years, you must file your claim with the court. It may not be possible to complete your claim within three years, depending on the complexity of your case and the severity of your injuries. There’s no need to be concerned if you’ve filed your lawsuit with the court within the time limit (known as “issuing proceedings”).

What Are Some of the Exceptions to the Three-Year Time Limit?

  • Claims on behalf of minors can be filed at any time before the child reaches the age of 18. When children reach the age of 18, they can file a claim at any time up to the age of 21
  • Criminal injury claims – the Criminal Injuries Compensation Authority (CICA) might manage your case if you were injured in a violent crime. After an occurrence, the CICA sets a two-year time restriction for filing a claim
  • There are no time constraints for filing a claim on behalf of someone who lacks the mental capacity to conduct their own case
  • Fatal claims — you have three years from the date of your loved one’s death to file a claim on their behalf. If a post-mortem determines that an accident or disease caused the death, you have three years from the date of discovery to file a claim
  • Accidents on board ships – You usually have two years from when you departed the ship to file a claim after an accident on a cruise liner or ferry. On cargo ships, the same time limit applies, but it starts from the day of your injuries
  • International flights – You have two years from when you arrive at your ultimate destination to file a claim after an accident on an international flight. This includes any accidents that occur after you have passed through passport control
  • Domestic flights — claims must be filed within two years of the flight’s arrival
  • Accidents/illnesses abroad — based on the country’s legislation, different time limits apply

Donnie Strompf – Digital Mastermind

When it comes to the digital world of learning and marketing, Donnie Strompf, founder of GoodatMarketing and BizSwipe, knows a few things about smart learning. It’s one of his successes as a teacher, mentor, and businessman.

Strumpf is a marketing professional with over nine years of experience. His success and achievements have only been matched by his ability to lead and teach, as well as provide invaluable understanding of the field has been a strength for him.
In a way, Strompf’s success in the area of digital technology and marketing is one of the reasons for his success. Time and time again,

Upcoming Changes to Accident Benefits: Drastically Reduced Coverage for Injured Persons

Bogoroch & Associates LLP strongly believes that victims of Personal Injury are entitled to access to justice. The following is based primarily on accident claims laws in Ontario, Canada:-

In Ontario, every automobile insurance policy provides no-fault accident benefits coverage regulated by the Statutory Accident Benefits Schedule (known as Ontario Regulation 34/10).  Accident Benefits serve as a lifeline for injured persons, providing essential protections, such as medical care and weekly indemnity payments.

On August 27, 2015, the Ontario government announced changes to Accident Benefits, by way of Ontario Regulation 251/15, to take effect on June 1, 2016. These changes will drastically reduce much-needed funding to accident victims. It will also diminish their access to rehabilitation, non-earner benefits, and attendant care, which will add pressure on the already strained public health care system.

As of June 1, 2016, the following changes will take effect for accidents occurring on or after June 1, 2016:

Reduction in Non-Catastrophic Benefit Limits

The availability of medical and rehabilitation benefits plays an essential role in lessening the effects of disability and facilitating meaningful reintegration into family life, the labor market, and society. Attendant care benefits are equally important by providing funding for the services of an in-home care attendant or admission to a long-term care facility. Attendant care benefits are intended to support activities of daily living, such as bathing and eating.

Currently, non-catastrophic benefits, including medical and rehabilitation services and attendant care benefits, are payable to a maximum of $86,000 over ten years ($50,000 for medical and rehabilitation benefits, plus $36,000 in attendant care benefits).

As of June 1, 2016, this will be reduced to a combined total of $65,000 over five years. The change in the duration of the benefit period, reduced from 10 to 5 years, will not apply to children under 18 at the time of the accident.

The Definition of “Catastrophic Impairment” is Narrowed

The designation of “Catastrophic Impairment” is applied to the most severely injured individuals.  Those who are catastrophically impaired have suffered severe loss, including but not limited to paraplegia, quadriplegia, blindness, loss of an arm or a leg, and severe brain injuries.

The upcoming legislative amendments have introduced significant changes to the definition of catastrophic impairment. The new definition will update criteria for traumatic brain injuries, amputations, ambulatory mobility, loss of vision, and mental and behavioral impairments.  The Glasgow Coma Scale test will no longer be applied.

Mental and behavioral disorders will qualify for catastrophic status only if the claimant suffers from marked impairment in three of the four categories of function or extreme impairment in one category, and the person must be precluded from useful functioning. Previously, an injured person would qualify for catastrophic impairment with a marked impairment in one of the four categories of function.

These amendments serve to narrow eligibility for designation of catastrophic impairment, and erode the availability of benefits to those persons who have sustained serious injuries that do not fall within the more limited parameters of entitlement.

Catastrophic Impairment Benefit Limits Halved

Individuals with catastrophic impairments are dependent on their accident benefits to provide financial security in all sectors of their lives. Some individuals require attendant care 24/7, while others require a multi-disciplinary rehabilitation team.

Currently, individuals who are catastrophically impaired are entitled to a maximum of $2,000,000.00 – this includes $1,000,000.00 for medical and rehabilitation benefits, and $1,000,000.00 for attendant care benefits.

This amount will now be cut in half for a combined total of only $1,000,000.00 for all medical, rehabilitation and attendant care needs.

Non-Earner Benefit is Significantly Reduced

Non-earner benefits are available to injured persons who were not employed at the time of the accident, and are not eligible to receive income replacement benefits. Currently, non-earner benefits are payable for life, after a waiting period of 26 weeks, and as long as the injured person continues to meet the statutory test for eligibility. Non-earner benefits are payable at $185.00 per week up to the two year post-accident mark, and for some, this may increase to $320.00 per week after the two-year mark.

As of June 1, 2016, the duration of payment of non-earner benefits will be reduced to a maximum of two years following the accident, but the initial waiting period is reduced to 4 weeks.

The effect of this change will be felt most by those individuals who, at the time of the accident, were students and seeking entry into the workforce. For example, a university student who is severely injured in an accident, such that they may never be able to be gainfully employed, will only receive non-earner benefits for a period of 2 years following the accident. After 2 years, they will be left with no income supplement from their accident benefits insurer.

The Right to Sue and Arbitrate is Eliminated

Injured persons will no longer be entitled to commence a lawsuit against their auto insurance company for the wrongful denial of accident benefits. Nor will individuals be able to arbitrate their denied accident benefits.

Instead, the new regulation provides only one option, which is to commence a proceeding at the Ontario Licence Appeal Tribunal (“LAT”).

Bogoroch & Associates LLP has extensive experience in motor vehicle accident litigation and accident benefits..

 

 

Will a Personal Injury Attorney Handle My Property Damage Claim?

New post regarding car accident claims answering the legal question “Will a personal injury attorney handle my property damage claim?” based on law in Utah and generally.

In the immediate aftermath of a car accident, the focus should always be on treating injuries and getting everyone involved to a safe place. Can Pregnant Women Take CBD? If there are injuries, an ambulance needs to be requested when you call 911. Severe injuries may even call for some first aid on the scene from those involved if they are able to provide it.

Whether you are injured or not, once the dust settles on the accident, another concern will quickly arise; the damage to your vehicle. Getting your car repaired or replaced as soon as possible is often at the top of your mind. You might rely on your vehicle to get to work or to get your kids to school. And if the accident was not your fault, you’ll be eager to make sure that the responsible party’s insurance is going to pay for the damage.

If you did suffer injuries, you may already be planning to hire a personal injury lawyer to handle your claims and fight for a settlement also, a physician that can tell about your injury status, check Movement 101 physiotherapist for the therapists that can help you. But will that personal injury attorney also handle your property damage claim? Keep reading to find out.

Who Pays for the Damage to Your Vehicle?

Who is responsible for paying to fix your vehicle depends on the circumstances of the crash and where you are located. In most cases, the insurance company of the person responsible for the crash has to pay. However, in a no-fault state, or if more than one party is responsible, your own insurance company will pay for the damage instead. Contact the nearest injuries law firm to gather legal information.

How Much Will Insurance Companies Pay?

Insurance payouts for property damages following a car accident fall under one of two categories; actual cash value and the cost for repairs. If the estimated cost of repairing your vehicle is less than 75 percent of the value of your car, the insurance company will likely choose to pay to fix the damage.

However, if the damages will cost more than 75 percent of the value, the insurance company may instead choose to pay the actual cash value for your car. This is based on the fair market value of your vehicle prior to the crash, the total mileage, the condition, and what similar models are being priced at for sale.

Will a Personal Injury Lawyer Handle My Property Damage Claim?

According to a Rhode Island personal injury lawyer, whether or not a personal injury lawyer will handle your property damage claim depends on a few factors. The first is whether or not you were injured.

If You Were Injured

If you were injured seriously enough to warrant an ambulance ride or hospital visit, you may choose to hire injury lawyer warwick rhode island to help you seek a settlement. In this case, the property value part of your claim will also be handled by your attorney. That’s because your lawyer will seek a single settlement for your losses.

Insurance companies are less likely to fight paying claims to repair a vehicle than they are the perceived value of pain and suffering. Your attorney may simply submit and follow through on insurance claims to get your property value taken care of, and pursue other legal measures to get compensation for your injuries separately.

For cases like these, Mike Morse Injury Law Firm is a professional injury law firm that specializes in personal injury cases.

If You Were Not Injured

If you were not injured in the car accident, the answer gets a bit more complicated. In most cases, it will not make financial sense to hire an attorney to handle your property damage case.

For example, say that an insurance company decides to pay you fair market value for your totaled car. While they may calculate that value correctly by their standards, your vehicle may be worth more to you than it is worth at market value. The amount you receive may not be enough for you to purchase a new vehicle, especially if you owned an older car or one with high mileage. However, hiring an attorney will likely cost you more than you would receive by fighting back.

Another instance that you might consider hiring an attorney is if you had to pay to rent a car while yours was in the shop. However, the insurance company is only likely to agree to cover this cost at a reasonable rate. So if you choose to rent an oversized vehicle or luxury vehicle, your payment may be much lower than your actual bill. For this reason, hiring an attorney may cost you more than simply paying for your rental on your own.

Hiring a Personal Injury Lawyer for Your Property Damage Case

If you were injured in a car accident and seek legal help, your property damage case is covered as well. However, if you were not injured, it’s a good idea to think twice before investing in an attorney, such as those at McMullin Injury Law, to fight your case.

The Child Witness: Tips from the Trenches

Questioning a child witness is one of the most challenging tasks for the advocate. To do it well requires patience, skill, and a thorough command of the language, so that respondent answers are elicited to the questions asked.

Introduction

Questioning, a child witness, is one of the most challenging tasks for the advocate. To do it well requires patience, skill, and a thorough command of the language, so that respondent answers are elicited to the questions asked. Children attract the sympathies of juries who can well appreciate that a courtroom is a foreign, if not hostile, environment for most everyone, especially children. Many of us lack the experience and sensitivity to deal effectively with the child witness. We forget that children are not little adults. They do not understand the legal system, and they cannot speak like adults. The life experiences of children are far more limited than that of adults, and, as such, they cannot comprehend the reasoning or motives of adults. Besides, words often have different meanings, so that elaborate, and compound questions tend to be out of reach of the child’s ability to understand. Given their desire to please, children are often unwilling to admit that they do not understand a question and will not seek clarification as they will want to be helpful to the adult questioner, and will often provide answers to questions they do not understand.

Outlined below are some of the more common issues confronted by the plaintiff’s counsel when dealing with child witnesses in a civil case.

Specific Issues to Keep in Mind When Dealing with Children

1. Memory

“Generally, current research holds that children do not remember as well as adults, but that information provided through a child’s free recollection is generally accurate1.”

From the perspective of the child plaintiff’s counsel, it is critical to interview children promptly and to record their account of events immediately, or as soon as possible after the actionable wrong, as children’s memories generally fade over time.

2. Suggestibility

Children, more so than adults, are prone to suggestions made by the questioner. As previously stated, children tend to want to please the adult and to conform to what they believe to be the expectations of the adult questioner. Also, research confirms that leading questions are likely to elicit inaccurate information from children.

The most successful strategies for obtaining accurate, descriptive recall were found to be encouraging and accepting of unprompted descriptions, accompanied by sparing use of general questions to prompt recall. Questioning for specific details is likely to result in inaccurate information. Above all, when questioning, it is essential to convey as powerfully as possible to the child that questions do not have to answer, moreover, that it is better to say “I don’t know” than to give an uncertain answer2. (emphasis mine).

When you first meet with the child, ask open-ended questions that do not suggest you know anything about the case. You want to extract his or her version of the events correctly as he or she remembers it. Keep a detailed record each time you meet the child to see if his or her story remains consistent.

3. Fear

Any child will likely be fearful, or at least a little bit apprehensive, about the prospect of meeting with a lawyer, let alone going to court. It is, therefore, essential to interview a child in comfortable and familiar surroundings. If you must interview the child in your office, try to have some age-appropriate items at hand to put the child at ease. For example, when I was counsel to the Children’s Lawyer, I had a collection of trolls on my credenza that always seemed to captivate the interest of my child clients. Always keep in mind that your goal is to make the child feel comfortable and to foster a relationship of trust.

Bogoroch & Associates LLP has extensive experience in Personal Injury cases and passionately believes that victims of personal injury are entitled to access to justice.

Notes:

1 Ralph Underwager and Hollida Wakefield, The Real World of Child Interrogations (Springfield, 11.: Charles C. Thomas, 1990) at p. 28; as stated in Bryan Finlay, Q.C. and T.A. Cromwell, Witness Preparation Manual, (Second Edition, Canada Law Book Inc., 1999) at p 93.

2 Helen R. Dent, “The Effects of Interviewing Strategies on the Results of Interviews with Child Witnesses,” in A. Trankell, ed. Reconstructing the Past (The Netherlands: Kluwer, Deventer, 1982), at p. 292, as cited in Finlay, supra note 2 at p. 94.

Personal Injury Claims Will Be Slashed In 2020.

Certain changes to personal injury law have taken effect from April 2020. According to a personal injury lawyer, this will result in a reduction in compensation claims and will make receiving legal representation harder for claim victims. Find out if you have recently hired a personal injury lawyer.

What Personal Injury Laws Are Changing?

With the introduction of the Civil Liability Act 2018, only small courts and 423HURT personal injury attorneys are now authorized to handle personal injury claims, except:

  • Overall damages sustained is over £5,000 for road accidents or £2,000 for other incidents.
  • The entire cost of the claim (special damages + general damages) is more than £10,000.


According to a personal injury lawyer , before the changes, the limit to general damages remained £1,000. However, only very minor injuries such as bruises, short-term whiplash, and cuts fall under the small claims category.

Following the reform, several other serious injuries, such as some scarring, fractures, and other injuries that may require up to a year to completely heal, are now included under the small claim limit.

Why You Should Be Concerned About The Small Claims Limit.

According to a personal injury lawyer due to the small nature of the compensation, solicitors are typically unable to recoup the cost of their legal fees from the defendant, even if they win the case.

Therefore, most solicitors pass on the chance of representing defendants in a small claims court. Essentially, defendants will struggle to get legal representation for compensation for a small claim.

Does This Mean That The No-Win-No-Fee Option From Solicitors Will No Longer Be Feasible After April 2020?

Very likely. Generally, you will find it hard to convince a solicitor to take up a personal injury case that is estimated to be worth below £,5000 on a no-win-no-fee basis, as they will deem the case ‘low-quantum’.

Do I Really Need A Solicitor?

Maybe or Maybe not. Basically, low-value claims are straightforward. Also, there are plans to take the legal proceedings online, where the services of a solicitor will not be needed. Besides, a low-value claim doesn’t imply an easy case. Similarly, in personal injury law, some high-value claims can be straightforward and low-value complex.

You may handle your claim proceedings on your own, if:

  • The defendant has admitted full liability.
  • You have fully recovered from any sustained injury (so you can estimate the impact on your life).
  • The facts surrounding the accident are relatively simple to understand.

On the other hand, if any of the listed factors change, the case may become more complex as it progresses (i.e., where there is new evidence, you sustained injury worsens, or the defendant disagrees with your claim), and you may find that you lack the legal skill to proceed you can ask for help to Costa Ivone. This can imply:

  • Risking long delays to the entire claim process.
  • Risking delay/underpayment of interim payments.
  • Risking a lesser settlement.

At the very worst, unforeseen complications can make you lose your case.

There’s More…

The compensation liable to soft tissue injury victims (including whiplash) arising from road accidents will be significantly slashed, visit KillianLaw.com for more details on accident law

What Falls Under A ‘Whiplash Claim’?

According to The Ministry of Justice (MOJ), a whiplash claim is:

  • A strain, sprain, rupture, or tear of lesser damage to a tendon, ligament, or muscle in the neck, shoulder, or back.
  • A soft-tissue related injury affecting the tendon, ligament, or muscle in the neck, shoulder, or back.

By How Much Will A Soft Tissue Injury Compensation Claim Be Slashed?

Soft tissue RTA claims are now under a revised tariff system where the injury takes no longer than two years to heal.

Under this new tariff, the payable compensation amount to soft tissue injury victims for pain, loss of amenity or suffering, will be significantly less than it used to.

Source: Legal Futures.

Are There Any Exceptions?

Yes. Vulnerable road users such as cyclists, pedestrians, and motorcyclists are excluded from this change.

Similarly, passengers (except children as they fall under ‘protected parties’) are included in this change.

Why Did The Government Approve A Slash In Compensation?

Despite obvious instances and coverage to the contrary, the government’s research and other independent studies have concluded that there are hardly any cases of whiplash fraud. In the same vein, some studies based on older data have refused to acknowledge the apparent decrease in whiplash claims that have happened recently, in light of reforms established in 2013.

Prior to these changes, the UK already had one of the lowest compensation levels in Europe.

Supposedly, the government claims that the reform was enacted to stop fraudulent claims. Exploring the real reason behind these enacted changes will not be discussed in this article, however, several other sources have addressed the subject in detail.

How We Can Help You In 2020

We strongly think that this new reform will leave people with valid claims, vulnerable to under-compensation. Tellingly, many could be denied access to justice.

Compensation serves the main purpose of helping to restore the original lives (or as close as possible) that the person had before the incident occurred as well as covering any treatment or loss sustained within that period. Without compensation, people risk not having the means to take care of both themselves and their families.

Most people will likely not be open to the possibility of representing themselves in a small claims court. Most claimants usually don’t want to be actively engaged in the process.

I Had An Accident Before This Change, What Applies To Me?

The new tariffs apply to every personal injury claim filed from April 2020, and not the date the accident happened.

So, it is strongly recommended that you submit your claim as soon as possible and contact a personal injury attorney. The current start date is April 2020, but it may be subject to change.

Free, No-Obligation Expert Advice.

Feel free to contact Fracture Compensation (the authors of this post and indeed where this post was first published – and republished here with permission). They will be glad to provide additional information regarding how the 2020 changes may affect your personal injury claim.

Identifying Concussion Signs in Children and Teens

New contribution from a personal injury law firm, sharing useful information in respect of identifying signs of concussion.

Parents, coaches, and teachers frequently overlook concussions by characterizing physical impact as a minor ‘bonk on the head.’  For example:  When a child or teen takes a hit while playing sports, they are usually assessed quickly at the sidelines.  But soon after, the victim is put right back into the game and sent to school the next day.  These practices ignore the dangers of leaving a concussion untreated and overworking an injured brain.  The signs and symptoms of a concussion may not appear for up to 48 hours, which explains why victims and their caregivers often make this mistake.

Young people experience concussions very differently from adults.  This makes the injury even more difficult to identify immediately after impact.

What is a concussion?
According to the BC Injury Research and Prevention Unit, a concussion occurs when the brain is rapidly shaken up in the skull.  This usually happens after a direct hit in the head or a blow to the body that causes a sudden jerk of the head or neck.  Although concussions mainly occur during contact sports, it can happen during seemingly innocent play at recess, for example.  An untreated concussion can lead to long-term health risks if not dealt with promptly and adequately.

Concussions in Children vs. Adults
Pediatric neurosurgeon Dr. Todd Maugans led a study, published in the Journal of American Academy of Pediatrics.  This study identified the significant differences in concussive symptoms between children and adults.  It found:

  • Symptoms in young people last longer;
  • Children also exhibit emotional symptoms (i.e., irritability and sadness); and
  • Recovery from those symptoms takes longer than adults.

Some examples of red flag symptoms in children include:

  • Repeated vomiting;
  • Deteriorating or loss of consciousness; and
  • Complaints of neck pain, double vision, and headache.

Educating the Public
The BC Injury Research and Prevention Unit has published a new web-based tool for parents and coaches.  It is known as CATT – Concussion Awareness Training Tool.  The initiative works with experts in sports medicine to publish current, evidence-based research on concussions.  The team helps a variety of groups identify concussion signs and understand appropriate treatments specifically geared towards young people.  The groups benefitting from this information include medical professionals, players, coaches, and parents.

The CATT promotes concussion management in the healthcare community through an additional resource known as the ‘Concussion Clinical Toolkit.’ Healthcare providers and other professionals can access expert discussions on the assessment/management of concussion in young patients.  Its database sets out specific guidelines for treatment and diagnosis.

The CATT website also provides a variety of other resources.  They range from educational videos to helpful checklists that will help you identify concussive symptoms.  There are also insightful stories from young people describing their journey to recovery. A series of professional athletes have also contributed to the CATT.

It is essential to stay educated on how young people experience concussions. Reviewing the CATT is one of the best ways to be prepared for the worst-case scenario.  No matter how careful or athletic a child may be, no one is immune to a concussion —look at Sidney Crosby.

Bogoroch & Associates LLP has extensive experience in Personal Injury Law and firmly believes that victims of injury are entitled to access to justice.

I was hit by a vehicle while jaywalking, what do I do?

In my professional practice of being a personal injury lawyer, I frequently represent individuals who have been injured in pedestrian accidents. There are instances when pedestrians bear some responsibility for being struck by vehicles, such as by jaywalking. According to a personal injury lawyer, whether an injured jaywalking pedestrian can recover damages hinges on the negligence laws of the state in which the accident occurred. Let’s take a look at the impact a pedestrian’s conduct can have on an injury claim.

Pedestrian Accidents at a Glance

According to the Centers for Disease Control and Prevention (CDC), 129,000 individuals are injured in pedestrian accidents each year; almost 6,000 are killed. Although all drivers have a duty not to cause injuries to others, pedestrian accidents are frequently caused by driver errors, such as:

  • Distracted driving
  • Failure to yield
  • Failure to obey traffic signals
  • Speeding
  • Driving under the influence

It is worth noting that pedestrians are also required to exercise due care for their own safety by obeying traffic laws. This includes waiting for the walk signal at traffic lights, using marked crosswalks, not walking alongside the road, and using a sidewalk when provided.

Don’t pedestrians always have the right of way?

According to a personal injury attorney laws vary from state to state, pedestrians generally have the right-of-way when there is no traffic control signal. If it’s not working, a driver must yield right of way whether the pedestrian is in a marked crosswalk or not. This means the driver must slow down and allow the pedestrian to cross. At the same time, crossing a street or walking in the road without regard for approaching traffic, known as jaywalking, is unlawful.

Nonetheless, drivers are responsible for using caution when driving to avoid a collision with a pedestrian. They must also use a higher level of caution near schools, parks, and neighborhoods where children are known to gather. Finally, drivers must be mindful of children and adults who may not have full mental capacity, or have a disability (e.g. are using an assistive mobility device), or are likely blind or hearing impaired.

When is a pedestrian responsible for an accident?

Some states — Alabama, Maryland, North Carolina, Virginia, and the District of Columbia — have contributory negligence laws that bar pedestrians who are responsible for an accident in any way from recovering damages, even if the driver was speeding, impaired or driving recklessly.

The remaining states use comparative negligence that can assign some blame to the jaywalker and some blame to the driver. In a pure comparative negligence state, a pedestrian who is injured while jaywalking is partially responsible for the accident and therefore not permitted to recover from the driver. In a modified comparative negligence state, an injured pedestrian can recover damages even if he or she was jaywalking. The amount of any award will be reduced by the percentage of blame assigned to the victim by a court or an insurance adjuster.

If you’re uncertain which negligence laws your state follows, a personal injury attorney can provide you with guidance, explain all your rights, and explore your options for obtaining compensation.

What To Do After Being Hit By a Car

If you’re hit by a car, contact the police and seek medical treatment for your injuries. If you have been injured, let’s say you hit your head, don’t get up and try to move around. Let the first responders assess your injuries and transport you to the hospital if necessary.

If you are able to do so, get the name and contact information of the driver, as well as witness names and contact information, though the police will gather this information when they arrive at the scene. Also, if possible, get photos of the accident scene, your injuries, signage, and traffic lights. It may also be possible to get video surveillance footage of the scene from roads with traffic cameras or stores with security cameras.

Finally, you should follow all your auto accident doctor orders for medical treatment, keep all medical bills, and keep track of missed work time and other accident-related expenses. The medical record will be important evidence in your pedestrian accident claim. Once you’ve begun to recover, contact an experienced personal injury lawyer who is well-versed in the negligence laws of your state.

The Takeaway

Let’s face it: many of us have engaged in jaywalking. Whether or not it’s a wise thing to do is the subject of another discussion. While walking alongside the road may be unavoidable at times; however, being injured while jaywalking will have an impact on the viability and value of your injury claim. The best way to protect your right to the maximum compensation you deserve is to consult with an experienced pedestrian accident lawyer.A

David Jones is a founder and co-managing partner of Jones Kahan Law. Mr. Jones’ practice is heavily focused on personal injury and civil litigation. He has dedicated his career to assisting victims of injuries, taking a hands-on and personal approach to every case. He strives to treat his clients that way he would treat his family, with respect and honesty.