Home Blog

The Damages to Look for in a Personal Injury Claim Case

0

Personal injury cases can be quite a handful for both the plaintiff and the defendant. Most personal injury cases are always complex and can take years before they are settled. However the duration can be reduced if you are represented by an experienced personal injury lawyer Halifax. Personal injury cases are filed when the plaintiff succumbs to injuries as a result of the defendant’s negligence to prevent the injury from occurring in his/her premises.

This article aims to discuss with you the concept of some of the damages to watch out for in a personal injury claim.

The compensation or “damages” in a personal injury case are usually intended to attempt to make the plaintiff whole again, or at least, somewhere close to that, after an injury. In some cases, where it isn’t entirely possible to make the plaintiff whole, quantifying the total damages can be difficult like trying to quantify things like pain and suffering.

Types of damages

Damages caused by personal claim injuries can vary a lot depending on the type of case, the laws of the state, and the circumstances of the injury the victim suffers. Personal injury damages can include the following:

1. Lost wages

The compensation for lost income or wages is usually one of the aspects of a damages award you find in a personal injury case. They can include the payments for any kind of work that the plaintiff couldn’t do as a result of the personal injuries suffered due to the defendant’s negligence on his/her premises. If the plaintiff was permanently injured due to the injury, but was working and earning then the defendant may be required to pay the full salary for the entire time the plaintiff would have been paid had he/she kept working.

2. Pain and suffering

Significant injuries, in most cases, tend to attract huge compensations. Personal injuries can sometimes be accompanied by a lot of pain and suffering especially in cases where the injuries lead to permanent disabilities. In most cases, it is the insurance companies who are usually inclined to compensate the plaintiffs.

3. Emotional distress

Accidents or injuries can sometimes cause the victims a lot of emotional ramifications which are usually proven by psychiatric records. Other things like PTSD can also add to the total compensation amount as well.

4. Damages for the cost of medical bills which arise as a result of the injuries caused by the accident

In case the plaintiff has to undergo any testing or treatments or receive any medical attention of any kind like a nursing home or hospital stays, or even physical therapy, the defendant is obligated to foot all the costs. These costs can total up to become quite expensive especially if there are multiple surgeries and therapies involved.

5. Wrongful death

These types of lawsuits can be brought about by one of the family members of the victims who succumb to their injuries and die as a result of someone else’s negligence. But the family member has to have a standing on the issue. For example, a spouse can suffice and is allowed to bring the wrongful death action in every state. Parents can also file such a case on behalf of their minor children.

6. Loss of consortium/companionship

This action can be brought by a family member of the victim who dies and whose death significantly alters the lives of the family members left behind. Especially if the victim was the one supporting the family financially. The defendant has to compensate the family member who has lost his/her partner especially in cases where the two had an intimate relationship.

7. Punitive damages

Some states don’t allow punitive damages, but they are allowed, they aren’t like most of the damages discussed above. Although they are also paid to the plaintiff, they are mostly intended to punish the defendant instead for the wrongful behavior or negligent acts.

Economic vs. non-economic damages

The economic damages are those that are awarded as a direct result of any actual financial loss like medical bills or even lost wages.

The non-economic damages refer to all of the other kinds of damages which can point toward some financial costs as well as pain and suffering.

6 Best Practices For Medical Malpractice Lawyers

0

6 Best Practices For Medical Malpractice Lawyers

It is not a habit that most attorneys have taking on medical malpractice cases. This is due to the complexity of such cases and the expense that they come with. Even after deciding to proceed with such cases, most attorneys feel like they do not have the necessary tools to put up an argument against a doctor or a hospital. There are however some practices that medical malpractice lawyers can use to ensure they increase their odds of winning. Here are the 6 best practices for a medical malpractice lawyer Toronto.

1. Research on medical procedures

Cases of negligence in the world of medicine are definitely on the increase. Before you take up such a case as an attorney, it is important to familiarize yourself with the condition in question, the diagnosis and the correct procedure during treatment. You need to understand various medical conditions and how they are treated.

2. Get to know the medical guidelines being applied

Once familiar with a medical condition and how it is supposed to be treated, as an attorney, you should now have an in depth understanding of the standards of care acceptable in today’s medical world along with the guidelines being applied. These standards are debatable and keep evolving but it is important to make a case by first talking to a medical expert.

3. Review similar cases and their verdicts

The only way to understand the worth of your case is by looking at similar cases and their verdicts. This way, you will understand all of the risks involved. Compare the cases to help you decide if you do want to proceed or not.

4. You need witnesses

Medical negligence cases are cases that should be taken very seriously and as such,you do need some expert witnesses for the case. You need an expert with authority for a witness so that you can actually make a case.

5. Research the parties involved

It is very important to get insight from actual facts about all of the parties that are involved in the case. This includes all the witnesses and jurors as well as the counsel. Make sure you also have your facts on the businesses involved. As a medical malpractice lawyer, you also need to know enough about your client. Vet them first before you decide to take on the case.

6. Get acquainted with legal issues that arise from such cases

Make sure that as a medical malpractice lawyer, you understand all of the pertinent legal issues in a medical malpractice suit. Make sure you search for key cases as well as any material that will be of use to such a case. These cases are very complex and you need to ensure you have all the information that you need.

The 7 Steps in Making A Disability Claim in Canada

0

Filing disability claim cases can be pretty hectic and daunting if you don’t know how to go about the whole process. Maybe you don’t know any disability lawyer Toronto to help you with your case or even the right approach to take. Maybe you don’t have all the disability qualities which will qualify you for the disability benefits. And it gets worse if you reside in Canada as the disability claim laws in this country are pretty steep. If you fall into this category then you have come to the right place. This article will attempt to ensure that you get a bigger and clearer picture of what you need and the steps you need to follow whenever you are making or filing a disability claim in Canada.

  1. Figure out the disability programs that you can qualify for

There are many different types of disability benefit programs and plans in Canada. You need to realize that you can’t automatically qualify for all or any of their benefits as each of them has its own criteria which it follows for eligibility. So, before you any disability claim, it is vital that you know which of the disability benefits you can qualify for as sometimes, you may even qualify for more than one of the disability benefit plans.

  1. Ensure you have support from your doctor

It is also vital that you have support from your doctor whenever you are filing for any disability claims or benefits. In fact, you will only be wasting your time filing for a disability claim without the approval, consent, or support from your doctor. It can even end up adding to your problems. Even your employer won’t recognize your absence from work and take sick leave as the reason for doing so. So, bottom line, you really need to have your doctor backing you up through the whole process.

  1. Understand your current situation

You need to also ensure you are ready to transition from working to being on sick leave before you file a disability claim. Ensure you fully understand your position and ensure you keep your employer in the loop at all times to avoid any tension from building up at your workplace.

  1. Get the application forms

After you have ensured that everything is in order, especially with your employer, you now need to start collecting and gathering all the necessary documentation and paperwork necessary for the whole legal process. Each disability plan has its own unique procedures and forms that you must follow whenever you are making a disability claim.

  1. Fill out your application forms accurately and gather any other supporting information

After you have gathered and collected all the necessary forms, you need to ensure you fill them only with accurate information to avoid any inconveniences when the whole process has started. You can also use this time to collect any of the other supporting information and documents that will help with the case.

  1. Submit your application to the relevant authority and give any further information required

After you have accurately filled the application forms, you need to submit them only to the relevant authority, the disability program or plan, and provide them with any further information that they may need for your claim as well.

  1. Wait for a decision concerning your claim

After submitting all the necessary information and everything is okay, you need to wait within the required period, usually about 30 days, for a response from the claim representatives who will give you their decisions concerning your claim.

The 6 Things You Should Tell your Divorce Lawyer Immediately

0

Divorces are probably another aspect of life that nobody would want to go through. You might have noticed how even some of the most experienced attorneys are shamed and lose divorce cases, if they present themselves to court unprepared. In this article, you will find six vital pieces of information that you need to present to your divorce lawyer before you present the case to court.

  1. Make sure to disclose all of your assets

Disclose every asset that you own, inclusive of any benefits and accounts that your name appears. As long as you own it, disclose it to your attorney, and be honest about everything.

  1. Confess to your attorney about any false previous financial statements

Your attorney needs to know about any financial discrepancies that you may have been involved in in the past. There is always the temptation to try and bend the truth a little or try to cover it in an attempt to try and some of the assets from being realized. In most cases, this can happen when you find that one partner does need these assets more than the ex-spouse. Your attorney needs to know if, at any point, you attempted to undervalue any asset, or even reported a diminished income. Come clean with your defense attorney before you end up killing your case.

  1. Inform your attorney of any suspicions that you may have of your ex-spouse hiding some assets

There are times when you may even notice that your ex-spouse is hiding some money, minor purchases, statements or bills. You need to let your attorney know about all these suspicions as all these acts are illegal, underhanded, and deceptive to the case. Don’t keep any suspicious activity from your ex-spouse from your defense attorney. Who knows? They may even turn out to be true, and you would have saved yourself a lot of assets that would have been hidden or stolen from you. When declaring your assets, both you and your ex-spouse swore that you disclosed all of your assets and that everything in the written contracts was true and binding by both of your signatures. There are hefty penalties for going contrary to this contract.

  1. Tell your attorney about any fears that you may have about paying for the divorce

Your attorney will help you a lot in such situations. What you need to know is that some legal options are available that you can exploit even if your ex-spouse was the one who used to, and probably still is, controlling all of the finances. The court can even order the other partner to offer you financial support after the case is done. Your attorney can also give you the appropriate measures to take if you feel that you are unable to cater for the attorney’s fees for his/her services.

  1. Tell your attorney if your partner has ever domestically abused you

Doing this will enable your attorney to take the necessary steps to ensure that your ex-spouse never hurts you again, be it physically or emotionally. Your attorney will have to take all the necessary and legal steps to attempt to keep you safe from your abusive ex-spouse, and he/she can do this by helping you to file a restraining order against your partner for one. This is vital, especially at the time of your divorce case as these cases can sometimes become very violent and stressful, and your ex-spouse may even end up hurting you further.

  1. Your attorney needs to know if, at any point during your stay together with your spouse, any of you was unfaithful

Most people might feel embarrassed and or betrayed about revealing such issues, but they can help a great deal to enable your attorney to strategize the best case for you.

The Damages to Look for in a Personal Injury Case

0

In a personal injury lawsuit, the plaintiff always collects a certain amount of compensation from the defendant to cater for the injury suffered, and pain underwent through the whole process. This article will highlight for you some of the damage and their concepts that you can look for when you are filing a personal injury claim and hiring a personal injury lawyer Halifax.

The damages in a personal injury claim

This type of case usually aims to “make the plaintiff whole.” You may not understand this at the moment but will soon enough.

The types of damages that all the victims of personal injury cases experience are all never the same, each case will always be different from the other in one way or the other depending on some factors. These factors may include; the state that the injury occurred, and the circumstances of the injury.

  1. Compensation for all the costs incurred by the plaintiff as a result of the injury

The defendant is liable to pay for all of the costs that the plaintiff incurs as a result of the injury that the defendant caused. These include all the medical bills, nursing home stays and even therapy. These bills are usually quite expensive and are even more expensive in the cases where you find that the defendant is permanently disabled as a result of the injuries.

  1. Lost wages

The defendant is also liable to compensate for all the wages lost by the plaintiff during the time the plaintiff will be off work as a result of the injury that the defendant caused. The plaintiff will also be compensated for the lost days like vacations and off times that he/she missed as a result of the injuries that were caused by the plaintiff.

  1. Pain and suffering

Juries usually tend to award the defendants in personal injury claims a lot of compensation. Many insurance companies are usually inclined to settle any case involving a personal injury to a victim as a result of the pain and suffering claims.

  1. Emotional distress

Most of the times, you will realize that most of the victims of personal injuries tend to be disturbed and distressed emotionally as a result of the injuries that they incurred from the defendants. Usually, a psychiatrist will be needed to prove an emotional distress case. There is also some compensation that is usually awarded for emotional distress.

  1. Wrongful death

These are usually lawsuits that are filed by the family members of a victim who died as a result of the injuries that were caused by the plaintiff as a result of an intentional bad motive or negligence. There are, however, varying rules as to if the parents can sue the defendant for the wrongful death of their children.

  1. Loss of companionship

There is also sufficient compensation that is always awarded to a family member who has been affected by the loss of a companion or consortium as a result of a personal injury that led to their companion’s death. You will also realize that some states are very specific about the compensation that is to be awarded to a victim of loss of a consortium due to a personal injury. These victims are always awarded especially when the jury can prove that they have trouble relating to the injured person in an intimate physical relationship.

  1. Punitive damages

Not all states in America allow these damages compensation. But for the states that allow them, you will notice that they are not categorized like the other types of damages that have been discussed above. The compensation for these damages are usually not intended to make the plaintiff as before, but are meant to punish the defendant for the erroneous wrongful behavior that led to the defendant’s injuries.

Economic V. non-economic damages

Economic damages are those types of damages that are awarded as a result of the actual financial loss to the defendant.

Non-economic damages are the types that do not hit on the defendant’s financial status, but hit on everything else; from pain and suffering to emotional distress.

4 Steps To Receive Compensation After An Accient

0

 

Getting into an auto accident can change your life forever, and many people are unsure of what they can do to protect themselves after these traumatic events. You could find yourself overwhelmed with painful injuries, legal jargon, and multiple parties who are all seeking compensation. While the situation might seem difficult right now, your team of personal injury lawyers can help you navigate the legal system and move on with your life.

1. Start Collecting Information Immediately

If you are able to do so, then you should immediately begin collecting as much information as possible about the collision. Drivers are legally required to exchange their insurance policy numbers and names, but that will not be enough if the case escalates. Depending on where the accident occurred, you might want to take pictures of nearby signs and damage to your property. Even if you are not physically injured, those pictures could help you receive compensation for psychological injuries.

2. Write Down Any Medical Treatments You Receive

Even though most hospitals keep excellent records, trying to get copies of those files at a later date can be time-consuming. While you are being treated, you or a loved one can write down quick notes about the medication you receive and how you feel. Much like the pictures, that firsthand account could be invaluable if you and your personal injury lawyers decide to push for emotional distress damages.

3. Contact an Attorney

There are a few different reasons why you might want to start looking for an attorney. Insurance companies often do everything in their power to pay victims as little as possible. Just because your situation seems straightforward does not mean that you are going to receive the compensation that you deserve. With an experienced lawyer by your side, you will not need to deal with aggressive claims adjusters on your own. After you notify our insurance company of the accident, your legal representative can completely take over your case so that you can focus on your health.

4. Determine Damages

Once you have begun to recover, you and your attorney can start discussing compensation. It is an unfortunate fact that many drivers only have basic policies, and their insurance might not cover all of the compensation you deserve. In addition to your medical bills and destroyed property, you might also be entitled to damages for your mental anguish, pain, and suffering. Those who are severely injured could require years of physical therapy, and there is a very good chance they will not be able to work during that time.

Car accidents should never be taken lightly, and drivers who do not know how to deal with these events might find it extremely difficult to navigate through the complex legal system.  For more legal information regarding auto accident lawsuits, visit: www.preszlerlaw.com

Does Your Injury Fall In these 5 Categories of Slip & Fall Injuries?

0

According to the National Floor Safety Institute, injuries related to slip and falls are behind over eight million trips to the emergency rooms every year. That is a large number; it surpasses every other reason that will most likely take you to the emergency room. The slip and fall injuries are usually very serious, serious enough to cause panic and caution when you are walking in the streets. The importance of a slip and fall lawyer Toronto, in a slip and fall claim case can not be overlooked.

The most slip and fall injuries that happen occur in workplaces, and this is the main cause of lost days at work that leads to workers’ claiming compensations for their injuries. Most of the time, you realize that slip and fall injuries occur as a result of the negligence of a property owner of an office manager. You are eligible to file a personal injury lawsuit to provide compensation for you or someone you love if you or your loved one gets injured as a result of a slip and fall.  Getting a slip and fall lawyer who has experience in dealing with slip and fall injuries, will be more beneficial to you.

The lawsuit should cover your medical expenses, lost wages as well as other damages that you may incur during the incident. Here are some injuries that can occur as a result of a slip and fall.

  1. Fractures

Fractures and broken bones are among the most common injuries that occur as a result of a slip and fall. In most cases, these fractures and broken bones heal over time. But in other cases, these fractures and broken bones can cause rise to another set of health-related problems that you may not have foreseen like blood clots, neurovascular damages, and even more.

  1. Head

A head injury that occurs as a result of a slip and fall can be as mild as a bump on the head to a traumatic brain injury and maybe even permanent brain damage. Victims of slip and fall injuries that occur to the head may require long-term care and even rehabilitation to be able to push through the day.

  1. Torn tendons and ligaments

A torn tendon or ligament may seem like a minor injury to most people. However, torn tendons and ligaments can have some very long-term consequences. You can slip and fall, and as a result, have a tear in your tendons and ligaments. Some of the effects of this injury are the loss of ability, extended recovery periods, and other effects as well. In most instances, you will require surgery to repair torn tendons and ligaments.

  1. Broken hip and pelvis

The most common injury among the elderly is broken hip and pelvis can result in the need to have an operation done. In other situations, you may need to have prolonged inpatient or nursing home care. A study by the American Medical Association reveals that the mortality rate of older women is bound to double in the first year after suffering a broken hip.

  1. Back, spine and neck

You may incur these injuries from the slip and fall or while trying to break the fall by catching yourself. These may well be the most serious injuries as they may result in slipped disks, broken back, pulled muscles, and maybe even death. You may need to have an extended surgery to try and repair your body and relieve you of any pain.

As you may have already noticed, most of the injuries above require medical attention that sum up to medical expenses, lost abilities, lost wages, pain, and many more problems as well.

6 Important Points to Understand About Divorce

0
Together
Any family lawyer will tell you that the emotional impact of divorce on individuals can vary wildly. It is fair to expect and prepare that there will be a level of emotions to deal with whether you are the plaintiff or defendant. Below are six points to contemplate when it comes to divorce.
Thinking

1 – Making the Decision to Divorce May Be Difficult

Emotions can end up all over the map when trying to decide whether to seek a divorce. There are usually complicated circumstances that will make any path taken painful or difficult. Trying to separate out emotions and make life-altering decisions are tough no matter who is involved.

Feeling

2 – It Is Normal to Feel Both Good and Bad

Most married individuals share a mixture of good and bad times. A wide range of experiences is one thing that helps bring about mixed feelings and emotions at having to separate or divorce. Feeling both good and bad about reaching the decision to seek divorce is normal.

Child
3 – Children Need Both Parents

No matter how disagreeable you and your spouse feel towards one another, there are responsibilities to share when children are involved. Children need to have the regular involvement of both parents. Try and make custody turnover periods as peaceful as possible. A divorce happens between two adults, but should not include children in the strife that may accompany the process.

Seperate

4 – Life Will Not Be the Same

One certain point about divorce is that things will change. Most couples live in separate residences after separation. Often friends tend to choose one side or the other. Loss of mutual friendships can be a painful fact to face. Changing jobs might be a necessity to increase income. Children will not always be around with shared custody. You should emotionally prepare for the inevitable changes that separation and divorce bring.

Family

5 – Both of You Control the Tempo of the Relationship

You have as much to do with how well the relationship goes after separation and divorce as your spouse. Begin trying to forge a peaceful alliance as soon as possible. Reducing stress will make it easier to move on after the divorce.

Fade
6 – Feelings of Resentment or Bitterness Will Fade

If your spouse is struggling with bitter and resentful emotions with the decision to divorce, understand that these feelings will fade at some point. Continue to handle things in a civil manner and time will take care of the rest.

Seeking divorce is sometimes the best option available to bring happiness back to life. Understanding and preparing for the range of emotions that will follow is the first step in complete healing. Matrimonial Home can assist you in bringing happiness back to your life.

7 Things To Remember In Case Of A Car Accident

0

If you’ve never been in a car accident, you might think you never will. After all, you’re a good driver! Unfortunately, as any ICBC lawyer will tell you, accidents happen to good drivers all the time. No matter how safe a driver you are, sometimes other drivers, the weather and the condition of the road can cause an accident to happen.

If and when you crash, you’re likely to be shaken up – and if it’s your first, you may not know what to do next. Take some time to read over these tips so that you’re prepared if the time comes.

#1 Stop!

Even if it wasn’t your fault, even if the damage only seems very minor, even if you’re on your way to something important: you must stop the car. You may be breaking the law if you are involved in an accident and don’t stop, and the last thing you want is to be prosecuted.

#2 Stay calm

A car accident can be a shock and it’s only natural for emotions to run high, but if you get angry or upset you can make an already bad situation even worse. Take a moment to collect yourself and take a few deep breaths before you proceed. Try to remain calm even if someone else involved in the accident is behaving in an agitated way.

#3 Take basic safety precautions

Check yourself for injuries. Are you in any pain? Check all your limbs: can you move them? Move the car to somewhere safe and get out if it is safe to do so. Check that any passengers in your car are ok, and do the same for everyone in the other vehicle or vehicles.

#4 Call the police

You are required by law to notify the police within either 24 hours or 48 hours of the accident (depending on where you are) if the damage exceeds $1000, or $600 if a motorbike is involved. Since it might be difficult to assess the extent and cost of the damage right away, to stay on the safe side of the law it’s usually best to notify the police in any case.

#5 Exchange and record information

Even if it’s only a minor collision and no-one is hurt, you should still swap contact details and insurance information with all parties – don’t forget to get the contact details of any witnesses. You should also record details about the damage, by taking pictures with your cellphone if possible and if it’s safe to do so.

#6 Do not get into a discussion about blame

Nothing good will come of blaming the other driver at this stage – but it’s also important that you do not accept liability yourself or offer to pay for any damage at the scene. Don’t sign anything or get into any arguments. This can all be resolve later.

#7 Call a lawyer before you call ICBC

You must notify ICBC: but it’s also important to make sure you first speak to a specialist ICBC lawyer,  like Prezler Injury Lawyers. You could lose out if you hand over information to ICBC, or sign a statement, before you have a full understanding of your legal rights.

4 Top reasons for denial of the disability benefits

0

Disability law is an act that prohibits or is against discrimination towards individuals with disabilities in education, housing, employment and access to public services. Disabilities are as a result of physical or mental impairments that restrain one from performing major life activities. The latter may also be as a result of alcoholism, fibromyalgia disorder, and chronic pain.

Disability insurance is a cover for disabled individuals. It pays benefits to an individual together with the family that is if one has worked for a longer period and has the paid social security taxes. However, not all the employees are granted the opportunity to access disability benefits. Being denied a disability benefit may result in the hire of a disability lawyer who will help in appealing to the Social Security, Administration (SSA). Here are the 4 top reasons for denial of disability benefits.

1. Failure to follow treatment prescription

Failure to comply medication prescribed by the doctor may result in the denial of disability benefits by the social security administration. This is so because the administration is not guaranteed of the patient’s health status that is whether or not individuals’ health status prevents him or her from being able to work or if one is not willing to cooperate with the treatment.

2. Earning too much income

One is likely to be denied the benefits if they are working above the substantial gainful activity limit. This is as a result of one earning too much money to be considered as disabled. If one is capable of working and earning at least $ 1000 per month, then he or she might be denied benefits when applied for. The Social Security Administration only approves of disability claims for people with low income.

3. Failure to cooperate

Failure of one to follow what is expected of them their examiners especially in following the prescribed therapy may result in the rejection of disability benefits. Medical records play an important role in being given the benefits. The Social Security Administration fails to offer disability benefits to such individuals who lack cooperation especially with their doctors, and as a result, the disability claims may be deprived of benefits. If you visit the Disability Lawyer Toronto website, they may be able to provide you with more information.

4. Lack of work history

Work history plays a vital role in earning disability benefits. It provides the examiner with information on the individual with disabilities under their jurisdiction. It determines the number of disability benefits that will be insured to such people. The type of work history will enable the examiner to know whether or not one is legible to be provided with disability benefits. Lack of work history will, therefore, inhibit from being issued with the benefits.

8 Questions You Should Ask Before Signing an Employment Contract

0

You just received a job offer, and can’t wait to sign the contract. First, understand essential aspects of the employment law in Canada. You also ought to consider consulting an employment lawyer and reading this article.

1. What is the job description?

The first thing is to understand your role within the organization. Usually, contracts include a section where they explain in details the role of the positions within the corporation. Read the description well, so that you can evaluate whether you can match up the task or not. Do not go for a job that you cannot perform well, as chances of being fired are high.

2. Do I have job security?

When you land a job, it is not obvious that it will be yours forever. You need to ask whether you are getting job security or not. Check whether you are a fixed-term or at-will employee. However simple it seems, it is important to know this to avoid wrongful termination.

3. What are my compensation and benefits?

Find out what your net salary is, and whether there are any bonuses or allowances. If there is a bonus, inquire whether it is guaranteed or discretionary. Inquire which criteria is used to determine whether you are liable for a bonus or not, and the amount you should receive. Ensure that all the types of compensation are explained in details.

4. What are the start and end dates?

You ought to have a beginning and due date for your employment contract. If not, that is only an offer letter. The dates are important though not sufficient. Read through the contract to understand grounds of termination. Some employers may include a clause that implies that the relationship remains at will. The provision means that an employee can be terminated any time for any reason that the employer deems right. To avoid unfair dismissal, ensure that you understand these aspects well.

5. Am I allowed to moonlight?

If you plan on having a side hustle, make sure the contract does not prevent you from doing so. in this tough economy, a side job is crucial especially when your pay is not enough to sustain your needs. Some employers do not like it when their employees keep side jobs because they feel like they might not perform well at the job they have been asked to do.

6. Is there a noncompete clause?

Look out for contracts that tie you to an employer in that you are not allowed to work for a competitor upon separation. Employees need to ensure that they are not unemployable in future. Although you may think of going to court in such an instance, the court might not look kindly into such cases. Make sure that the geographical restrictions and period restrictions are reasonable.

7. What are the stated reasons for termination?

As an employee, you want a just-cause dismissal. You ought to understand your work rights as an employee. If you do not understand your rights properly, talk to an employment lawyer for guidance. If workplace issues cause unfair dismissal, it is important to file this case in a court of law for fair trial.

8. Are my intellectual property right protected?

Your employer might claim the fruits of your creative efforts, even if the project is offside the company’s line of work. Employment law in Canada allows for anything invented by the employee at work to belong to the employer. However, if the invention is off work, such as a new technology you developed in your garage, you should own the copyrights. Ensure the contract allows for this. In case you are working on a project before signing the contract, make sure you inform your employer. You might be interested in learning more at the Whitten & Lublin LLP website.

How to Know If You’re a Victim of Medical Malpractice

0

Following medical treatment, we sometimes tend to brush off ongoing pain or symptoms, believing we will look weak if we complain. But the truth is that not all treatments or medications work for everyone. In fact, you may have received the wrong dose or type of medicine, or prescribed treatment could be aggravating rather than healing your injury. Most of us lack medical training, so we do not know whether continued discomfort is natural or problematic. That is why it is important to contact a personal injury lawyer for information. He or she in turn may request the assistance of a medical malpractice experts witness.

1. You may need an expert witness.

An expert witness is someone who has training and experience in the area of injury you are dealing with. The expert will examine the medical documentation accumulated in your doctor records to see if you were given the proper diagnosis and treatment. If you weren’t, or if you had a negative reaction that the doctors missed, you may have cause for a potential personal injury case against medical practitioners for malpractice.

2. What does a medical witness expert do?

When searching for a medical expert witness, a malpractice attorney will get your permission to collect your medical records for evaluation. All documentation associated with your treatment will be gathered for a careful review by an expert witness who knows the medical issues involved in your case. The expert may do research from reliable medical sources on your specific injuries or medical problems to ascertain their cause as well as the effects of treatment you have experienced. Any underlying health conditions will also be considered during this evaluation phase. The local community standard of care may be analyzed, as well as other national cases that are similar to yours, in the effort to learn as much as possible about the variables in your case and whether malpractice has actually occurred.

3. How does a medical expert’s assistance help?

The expert medical witness will provide a detailed written report and may be subjected to interrogatories and a deposition by the defense attorneys. A strong witness will have solid information that will stand up to opposing counsel’s rigors. If the case does materialize into litigation and goes to court, the witness may be asked to testify on the witness stand and be subject to cross examination by defense attorneys.

If you aren’t sure whether you have been the victim of medical malpractice, discuss it with a reputable attorney who specializes in this area of law. If a medical witness is recommended, consider paying the fee, as this person may be able to determine decisively whether or not you are eligible for medical malpractice compensation. You may be able to learn more at the JD.MD, Inc. website.

3 Factors That Affect the Outcome of Your Personal Injury Lawsuit

0

Hiring a personal injury lawyer to represent you in a legal matter is a major step to take, but it often results in a beneficial outcome for the plaintiff. A personal injury lawsuit is a great way to obtain financial compensation for expenses you incurred after being injured as a result of another person’s actions or negligence. This type of lawsuit covers everything from medical malpractice and product liability to a dog bite claim, a car accident and more. You may think that the outcome of a personal injury lawsuit is based on the whim of the jury, and it is true that the jury will decide the outcome. However, these three controllable factors strongly weigh on the outcome of the case as well.

1. The Personal Injury Lawyer You Hire

You have complete control over the personal injury lawyer you hire, and this is one of the biggest factors that will affect the outcome of your case. Your lawyer should be likable, so consider his or her demeanor carefully. In addition, his or her experience matters, and this particularly is true when dealing with a niche area of personal injury law, such as car accidents or product liability. Your attorney’s experience is critical in the establishment of a solid case as well as in how clearly and effectively the case is presented to the jury.

2. The Amount of Documentation You Provide

When you initially consult with your personal injury lawyer, he or she likely will request documentation you have about the event. This may include medical records, written correspondence, police reports and more. Your attorney may also recommend that you obtain additional information that you have not yet thought to seek. Documentation substantiates your claim as well as the amount of the award you are requesting, so it is critical to the outcome of your case.

3. The Witnesses and Experts in Your Corner

While documentation is critical, witnesses and experts can also help your case significantly. They provide further evidence in the case, and they may provide the jury with a look at the case from a different and beneficial perspective. For example, if you are presenting a car accident case, an eye witness may be crucial in attesting to the fact that the other party was at fault or that there was nothing you could do to avoid the collision.

Your personal injury lawyer will work closely with you to help you build the strongest case possible. However, in your effort to obtain the best results from your case, consider how each of these factors can work in your favor. After you have selected the right attorney to hire, discuss with him or her how documentation and witnesses can strengthen your case. The resources at Futerman Partners LLP are helpful and can provide you with more information.

Do You Have a Medical Malpractice Case? Here’s 3 Way To Tell

0

The unfortunate reality is that doctors are not perfect, and because they are human, they can and will make mistakes from time to time. In many cases, these are accidental mistakes, but some people are harmed by the intentional actions of a doctor. If you have been negatively impacted by improper care or a wrong diagnosis by a medical professional by accident or on purpose, you may wonder if you have a medical practice case. Consulting with medical malpractice lawyers is a great first step to take to learn more about the strength of your case and the benefits associated with pursuing the matter in court. However, before you contact an attorney that specializes in this area of the law, it is wise to learn more about what a medical malpractice case actually is.

1. The Actions of the Doctor

One of the first things your medical malpractice attorneys may ask you about during a consultation is what were the actions of the doctor that resulted in the perceived malpractice. Did the doctor misdiagnose you, complete a surgery on the wrong body part, issue the wrong medicine or complete some other action that was against common practice? There is an acceptable level of care that doctors are typically expected to provide, and the actions of the doctor may have fallen below that acceptable level. if so, you may have a case worth pursing. However, other factors must also be present.

2. The Relationship Between Doctor and Patient

Some people think that they have a malpractice case when a friend or even a family member who is a doctor issues an off-the-cuff recommendation regarding the care of the individual. However, there must be an established doctor-patient relationship in place in order to win a medical malpractice case. This can typically be proven by obtaining medical records from the doctor’s office.

3. If There Was Quantifiable Harm

A final and important factor that must be in place is quantifiable harm. In most cases, quantifiable harm involves a worsening of symptoms. However, it may also involve unnecessary medical expenses or other factors. If your doctor’s actions harmed you in a quantifiable way, you may have a medical malpractice case worth pursuing in the court.

Most medical malpractice attorneys will provide new clients with an initial consultation, and some may even consult with you free of charge. Through an initial consultation, you can learn more about if you have a case and the strength of your case. Because the experience level and the area of expertise with different case types varies, it may be helpful to consult with several medical malpractice attorneys before you decide to move forward with your case. If you would like more information, Bogoroch & Associates LLP has additional resources available.

A guide to understanding ICBC law and choosing the right lawyer

0

The fact that ICBC is responsible for keeping its costs as low as possible makes it very confusing and stressful for a seriously injured person to pursue his or her claims. Often the first ICBC settlement offer cannot include everything that you’re entitled to receive. To increase your chances of getting the best outcome from the ICBC settlements, you should consider hiring a personal injury ICBC lawyer with years of experience in handling ICBC cases.

1. Getting the best settlement from ICBC

Make sure that all your injuries are properly documented by your doctor. The injuries should show tangible evidence in connecting them to the accident. There are various categories that need to be properly investigated in order to get adequate and full compensation for your injuries or losses. You can be entitled to compensation under the following categories:

• Pain and suffering
• Wage loss
• Loss of opportunity or capacity to earn income
• Expenses related to the sustained injuries
• Future expenses for medical treatment
• Compensation for people who may have to help you around the home.

A good personal injury ICBC lawyer knows how to go around the efforts of ICBC to limit your entitlement by claiming that you failed to reasonably reduce the extent of your losses or injuries. Risks such as failure to follow medical advice or exercising according to the prescribed routine should be avoided before filing ICBC claims.

It might be necessary to go to court so as to increase your chances of getting the highest value of your claim.

2. What to ask a potential personal injury lawyer before you hire one

Hiring a personal injury lawyer is one sure ways of receiving the best possible ICBC settlement. Ask the following questions when interviewing various lawyers before you hire them to represent you in pursuing your ICBC claims:

• Do any of the lawyers in your firm represent ICBC in select cases? You ought to be sure to decide whether you are comfortable in working with a lawyer from a firm that represents ICBC and injured people too.
• Have you handled any kind of personal injury cases in your practice before? Experienced lawyers are the best candidates in filing ICBC claims.
• Will you be the one handling my case up to the settlement stage?
• Do you think you have enough time to devote to my case right now? Ensure the new lawyer has time to provide you with the attention that your case requires.
• How will you help me with accessing treatment if ICBC doesn’t offer it?
• How much participation do you need from me before you proceed with the case?
• What are some of the charges I am responsible for before you proceed with advancing the claim against ICBC?

Learn more information at the Preszler Law Firm website, or contact one of their experts if you have any further questions.

6 Main Factors used by Canada Immigration when Considering Skilled Workers

0

One of the three federal programs that are managed through the Express Entry is the Federal Skilled Worker program. If the Canadian government invites you to apply, then you will be listed under the program that you will most likely be able to qualify with based on your current profile. An immigration lawyer Toronto can offer professional guidance to applicants.

Another factor that can help you a lot when it comes to the Canadian job market. If you can speak any or both of Canada’s official languages; English and French, then you are on your way to a comfortable stay in the country. That’s why when applying for Canadian citizenship its good to consult an immigration lawyer. Here are some of the essential factors the Canadian immigration office considers when looking for skilled workers.

  1. Language testing

Before you get approved by Canada as a skilled worker, you must first sit for, and pass an approved language test that will be used to determine your language levels. The Canadian immigration office uses Canadian Language Benchmarks to test for English skills and Niveaux de compétence Linguistique Canadien to test for French skills.

There is no chance of you being accepted into the Entry pool or being eligible to apply if the results for either French or English have not been included in your application. You must meet the minimum requirements in the results.

  1. Education

If you had your education in Canada, then you need to present your diploma, certificate, or degree from the Canadian educational institution you attended. Be it secondary or post-secondary school. If in case, you attain your certificates from an educational institution, then you must submit your Educational Credential Assessment report that you acquire from an agency that is approved. The education institution has to show your foreign education is equivalent to a completed diploma, certificate, or degree. This foreign certificate needs to have equivalence to the certificates you would get from a Canadian secondary school or post-secondary school.If you had your education in Canada, then you need to present your diploma, certificate, or degree from the Canadian educational institution you attended. Be it secondary or post-secondary school. If in case, you attain your certificates from an educational institution, then you must submit your Educational Credential Assessment report that you acquire from an agency that is approved. The education institution has to show your foreign education is equivalent to a completed diploma, certificate, or degree. This foreign certificate needs to have equivalence to the certificates you would get from a Canadian secondary school or post-secondary school.

  1. Experience

When you can prove that you have had a full-time paid work that you put in at least 30 hours, you stand a chance of getting your application approved as well. The Canadian economy uses National Occupational Classification to classify jobs in the country. The National Occupational Classification describes skills, duties, work settings, talents for different jobs.

  1. Age

The day the Canadian Immigration office receives your application is the day you will get points based on your current age.

  1. Arranged employment in Canada

One of the obvious ways you can get points is if you have a full-time job offer that has lasted a minimum of one year and from an employer who is Canadian. Before you even begin to apply as a federal skilled worker in Canada, you must ensure you get a job offer in Canada. For a job offer to be valid according to the Canadian immigration office, it has not to be seasonal and also last for at least one year.

  1. Adaptability

You can earn points of adaptability if you have a common-law partner or a spouse who want to immigrate to Canada with you.

4 Steps On Getting A Divorce When Your Spouse Refuses To Participate

0

There are many different reasons why your spouse might refuse to participate in a divorce. No matter what those reasons might be, however, everyone has the right to separate from their spouse if they are no longer comfortable with their relationship. With an experienced divorce lawyer by your side, you can get through this complicated legal situation as quickly as possible and move on with your life.

1) Filing a Divorce Petition

After you have contacted your divorce lawyer, you will most likely be asked to fill out and file a Petition for Dissolution or Petition for Divorce. During an amicable divorce, both parties will sit down and go over all of their mutual and private property. Unfortunately, these proceedings are much more complicated when one party will not participate. Your petition will need to include information such as why you are seeking out a dissolution and what property must be taken into consideration.

2) Serving a Spouse

Having a spouse served is a very unpleasant part of this process for many people. Without a divorce attorney and legal processor, you must personally serve your spouse the paperwork. Working with a legal team will allow you to avoid uncomfortable situations such as finding out where your spouse is at any given time. Once they have been served, they will only have around 30 days to respond. If they are purposefully avoiding you or the processor, then you can request an extension with the judge.

 

3) Final Paperwork

Once your spouse has been served, the next step depends entirely on their response. In most cases, they have to fill out their own legal documents within a month. When a spouse refuses to file a response, their partner must submit the final paperwork to the judge within 60 days. This paperwork includes quite a bit of information such as how you believe the assets should be divided. You will also need to produce additional information on why you would like a divorce.

4) Processing and Default Judgment

Your divorce lawyer can walk you through the last few steps of this process so that you can be sure the assets are transferred quickly and with no mistakes. Your judge might ask you to meet with them multiple times so that you can clear up information or swear that the information you have provided already is correct. They then have up to six months to come up with a final ruling that becomes legally binding as soon as they sign it. As long as all of the paperwork was filled out and filed correctly, you might receive the final ruling in as little as a few weeks.

For a free case review, please go to https://www.matrimonialhome.com/

Tips on How to Choose a Estate Lawyer

0

Finding someone who will help you to decide what will happen to your personal property or business once you die is an important but challenging task. Relying on the law to provide a default scheme is often frustrating and involves a lot of hefty tax consequences for your loved ones. You need an estate lawyer to plan things ahead of time. Here are tips on how to get one.

Consider your needs

Understanding your needs will help you to determine whether you need an attorney. You do not require an attorney if you have a small real estate or personal property. In this case, you can use a document kit to plan the estate on your own. If you have a big real estate, business or retirement and investment accounts, you might require professional legal assistance. An estate lawyer will help with transfering business ownership and personal property between the listed beneficiaries once you die. He will also oversee all the sensitive business transactions.

Ask for recommendations

You can ask your friends, relatives or workmates for possible recommendations. Make sure that the people you ask have had an experience with an estate lawyer. A person who liked his attorney’s services will be more than willing to recommend him to you. However, make sure you ask only those you trust.

Check the local bar association webpage

Visit the Canadian Bar Association’s website and check whether the prospective lawyer is listed there. The bar association has a list of members from all areas in the country. The members are listed only after they prove beyond reasonable doubts that they can offer legal services within the set standards and professional ethics. You can take advantage of the referral service available on the website to get a lawyer near your area. The service enables you to meet with the lawyer after you answer some general questions.

Search for certified specialists

The legal landscape is full of lawyers from different fields. The fact that someone practices law does not mean he can satisfy your estate planning needs. You require someone who is specialized in estate planning. There are certified specialists in each area of estate law. Check the bar’s website to see if the lawyer you have in mind has a specialist certification. You can also visit the website of the attorney check if he mentions his certifications.

Interview the prospective lawyers

You need to come up with a list of three to five lawyers who you think qualify for the job. Schedule personal interviews with them. You can either go to their offices or call. Ask them about the number of years they have been practicing estate law. They must also be in a position to show you some of their previous works and references.

Legal News

Popular Posts