“There is a lot to enjoy about Canadian winters, but safety and precautions are important across all age groups,” explains Greg Webster, Director of Primary Health Care Information and Clinical Registries at CIHI. “Every year, more than 5,000 Canadians get seriously injured—requiring at least one night’s hospital stay—due to a winter sport or recreational activity. These numbers do not include visits that involve only the emergency department (ED) or a doctor’s office, or deaths at the scene, so the total number of injuries is actually much higher.”

Most often hurt in winter activities are boys aged 10 to 19, but a growing number of older Canadians are hurt from falling on ice – in 2010-2011, 7138 individuals were hospitalized for injuries caused by a fall on ice.

About 70% of all falls were among those 50 and older. Therefore, it is important to recognize the dangers of icy surfaces to reduce your risk of slipping and falling.

When walking outdoors in winter, walk cautiously. Keep your balance by walking with your hands out of your pockets and avoid carrying heavy loads. Pay attention to your surroundings and watch your step. Stick to sidewalks, walkways and clear pathways.

You must also be aware that a slip and fall accident on your property – whether it be your home or business – can become your problem. Make sure your property is safe for visitors by removing snow immediately from walkways before it becomes packed or turns to ice. Apply ice melter frequently to prevent the formation of dangerous ice patches.

If you are injured as a result of fall on private property, parking lot or sidewalk, contact an experienced personal injury lawyer who can guide you through the process of obtaining compensation for your injuries.

For more information on this study, visit http://www.cihi.ca/cihi-ext-portal/internet/en/document/types+of+care/specialized+services/trauma+and+injuries/release_17jan12?wt.ac=home_banner_20120117_e

It is best to consult a lawyer as soon as you can after your accident so that you can begin the process of putting together a claim. There are often strict time limits and deadlines that must be met in order to avoid delays or disqualification in receiving compensation or benefits. A lawyer will also help you with an early investigation of the circumstances surrounding the accident. He or she will make sure that it is documented well and proper records are kept right from the start – it will be very helpful to have these later on.

Another area in which your lawyer will help you is in dealing with the insurance company. You must be aware that anything you say to an insurance adjuster will go into your file and can affect your case. Therefore, it is essential to get legal advice and know your rights before speaking to an insurance company. As well, the insurance company may not always tell you about what you are entitled to as a result of your injury or the time limits that may apply to your case.

Most importantly, a lawyer will assist you in obtaining a fair and complete settlement of your claim. It is essential to work with a lawyer in order to resolve your case with your best interests in mind. A legal professional has the resources, skills and knowledge to pursue your case and obtain the maximum amount of compensation for you and your family.

Preszler Law Firm is experienced in virtually every type of personal injury situation. Whether you have suffered a personal injury in a motor vehicle accident, slip and fall, or in any other way, you must have an aggressive and experienced law firm on your side in order to be fully compensated. The lawyers at Preszler Law Firm will help you get the financial compensation you deserve. Call us at 1-800-JUSTICE or fill out our online Case Evaluation form to get started.

- Ambulance Fees
- Visitor Accommodations (including hotels, taxis, etc.)
- Medication and Treatment Bills
- Assistive Devices (wheelchairs, crutches, etc.)
- Replacement of Damaged Clothing
- Housekeeping
- Daycare or Babysitting

You may want to write down all of these costs in an expense journal. Having a list of these expenses incurred by your injury all in once place will make for quick reference later when you are putting together your claim. Along with your expense journal, include a file folder of other relevant documents that you will need to support your case. These may include:

- A copy of the accident report (if available)
- Contact information of any witnesses
- Photographs that document the incident
- Copies of your medical records and/or any health problems caused by your injury
- A log of missed work hours or income as a result of your injury

Finally, a letter summarizing the evidence and the events of the accident will be very useful to have on hand. Try to write an account of what happened as soon as you can after you have been injured so that you do not forget any important details. By organizing all the information relevant to your case, it will be much easier for you and your lawyer to work together to make a claim that will succeed in getting you compensation for your losses.

A “slip and fall” or “trip and fall” accident generally refers to a situation in which an individual is injured due to a dangerous condition located on another person’s property. An accident can happen anywhere from a private home to shopping malls to public parks. Remember, these accidents can occur both inside and outside of a building – structural defects, wet floors, weather-related situations, potholes, ice and other hidden hazards can all cause a slip and fall accident.

Property owners have a “duty of care” to make sure that their property is reasonably safe. This includes ensuring that there are no hazards that could cause an accident, both indoors and out. When evaluating your situation, it is important to consider a few things: Was there something the property owner “should have known” was a dangerous situation? Did the property owner take reasonable measures to keep his or her property safe? Have any accidents happened there before? These initial questions, along with a careful evaluation of your individual situation, will assist you in putting together a case.

For a property owner to be held legally liable for your injuries, one of the following must be true:

• The owner of the premises (or an employee) must have caused a dangerous situation.
• The owner of the premises (or an employee) must have known of the dangerous condition and failed to correct it properly.
• The owner of the premises (or an employee) “should have known” a dangerous condition was present.

A lawyer can help you determine if you have a case and lead you through your pursuit for compensation. You may be entitled to recompense for pain and suffering, loss of income, health care expenses, housekeeping costs and any other economic losses incurred. Contact our firm immediately and we will provide you with the legal advice you need to successfully pursue your claim for compensation.

1. Get a Lawyer
Seeking compensation for injuries can be a complicated process, so you should not make any decisions without being completely aware of your rights. A lawyer will handle the process of your claim, giving written notice of your intention to sue. He or she will also make sure that the accident benefit claim forms are properly submitted to the insurer. A lawyer will properly investigate your claim, and compile the necessary medical documentation needed to support your claim. If applicable, they will begin the lawsuit process within the allotted time limit. A lawyer is especially important to have when you are dealing with insurance companies.

2. Understand the Limits of Your Claim
Your lawyer will assist you in understanding the laws surrounding your claim. In Ontario, there are many time restrictions on your right to pursue a claim. Therefore, it is essential that you start your lawsuit and or accident benefits claim as soon as possible so you do not lose your right to pursue the claim.

3. Dealing with Insurance
When you are claiming accident benefits, you must notify the accident benefits insurer within 7 days of the accident and submit the forms within 30 days. In addition, you must provide information to support your claim like the motor vehicle accident report or medical documentation. Usually, your insurance company will send an insurance adjuster to speak with you about the accident and the injuries you sustained from it. Here are some important points to remember when you meet with the adjuster:
• Be aware that anything you say to the insurance adjuster will become part of your file, and may affect your future accident benefit claims.
• Only talk to the adjuster when you are medically able.
• Get legal advice before speaking with the adjuster. It is important to have a lawyer involved as early in the process as possible because anything you say to your insurance company can hurt you immediately or in the future. Your lawyer will keep you informed of your rights and help you stay on a level playing field with the insurer.

Anyone who is involved in a motor vehicle accident–whether you are the victim (driver, passenger, or pedestrian) or the person who caused the accident–is automatically entitled to “No-Fault Accident Benefits.”

In order to claim No Fault Accident Benefits, the following steps must be taken:
• You have 7 days after the date of your accident to notify your insurance company if you intend to make a claim.
• Your insurance company will provide you with application forms, and you will be given 30 days to complete the forms and return them to your insurance company. The 30 days may be extended if you have a valid reason (for example, not being able to fill out of the forms due to the injuries sustained from the accident), and you are then expected to submit the forms as soon as possible.
• If you have been denied any of the benefits that you claimed, you will then have to seek further assistance from a lawyer. You will have to file an Application for Mediation within 2 years from the date of the denial.

Assuming you are not at fault for the accident, motor vehicle accident victims have the option to sue for any pain, suffering, and loss of enjoyment of life. However, in order to receive compensation, the victim must have sustained a permanent serious impairment of an important physical, mental, or psychological function or a permanent serious disfigurement. The lawyers at Preszler Law Firm can determine whether you have an injury that will be considered a permanent serious impairment etc.

If the accident left you seriously injured and/or disabled, you can sue for your past and future loss of income. In addition, you may have to hire someone to take care of your home until you recover. In this case, you can claim reimbursement for these costs. If you require medical treatment that is not covered under OHIP, you can also claim reimbursement for these expenses. Other claims include but are not limited to suing for damages if a family member dies in a motor vehicle accident or obtaining reimbursement if a caregiver is required to take care of a victim who suffers serious or catastrophic injuries.

What Preszler can do for you: If you’ve been injured in a motor vehicle accident, there are many steps that need to be taken in order to have a successful result. The earlier we get involved, the more protection you will have. Our lawyers can either come to you or you can set up a meeting at our offices. We will ensure that your accident benefits claim is properly submitted to the insurer and if applicable, we will start the lawsuit within the prescribed time limit.

If you seek further information, please feel free to contact us by clicking here.

Don’t fear the cost of taking legal action when you need it. The “no win, no fee” agreement between a client and their lawyer is a way the lawyer assures you that they will fight tooth and nail to win your case. Remember, they won’t get paid until you do! At Preszler Law Firm, our credo is “You Don’t Pay Unless We WIN,” and we stand by this day in and day out. This credo illustrates our confidence in ourselves and our ability to deliver results in your personal injury case.

A Few Reasons Why People Get into Accidents:

• Driving too fast. High speed collisions can be fatal. It is important to follow speed limits; however, extreme caution should be taken under bad weather conditions.
• Not paying attention to the road. If drivers are focused on other activities, such as talking on cell phones or putting on makeup, they are more likely to get into an accident. If you see a driver who is not paying attention to the road, try to keep your distance to avoid getting into an accident with them.
• Improper turns. It is important that you have enough space when making a left or right turn. When the weather is bad and the roads are slippery, make sure you give yourself extra space to make your turn.
• Failing to stop at a red light or stop sign. Before going through an intersection, make sure to check that all cars have stopped and the way is safe.

If you do happen to get into an accident…

• It is important that you try to remain calm. If you’re calm, you can think clearly and you will be able to better handle the situation.
• If the accident is serious, call 911 and wait for help to arrive. If you are able to, help anyone who has been injured. If the accident is not serious, you do not need to call 911, just call the police.
• If the total damages are over $1000 or someone has been injured, you must report the accident to the police.
• If you want to report a collision, and the police were not involved at the time of the accident, you have 24 hours to report it at a Collision Reporting Centre.
• Stay in your car and keep your seatbelt fastened until it’s safe to get out. It is especially dangerous to get out of your car if you’re on a highway or high-speed road, and this must be done with extreme caution.
• If you are able to get out of your car (and you have been in a collision with another driver), exchange information. Some important information to exchange includes name, address, phone number, license plate number, car make and model, and insurance company and policy information.
• Remove your car from traffic. If your car is unsafe to drive, make arrangements to have it towed.

Some additional tips to keep in mind…

• If you witness an accident, you have the option to pull over and help the victims. However, if the conditions are unsafe, you should not put yourself in danger.
• Even if the accident is minor, it is never a good idea to settle the matter without reporting it to the police or involving your insurance company. However, if you feel that it is the right decision, make sure you have all of their information (especially license plate and car make and model in case the other information they give you is inaccurate).
• It is also a good idea to take pictures of the damage to your car and theirs and take notes on the crash in order to keep a record of the incident.
• If witnesses are around and have come to help, ask if you can have their contact information – this will be helpful in the case that a lawsuit arises.
• Again, depending on the severity of the crash, you may need to contact a lawyer, especially if the other person is not cooperating or trying to blame the incident on you. Again, this is where witnesses and pictures/notes of the crash come in handy.
• If you are considering making a personal injury case about your accident, make sure you go to your doctor or the hospital immediately following the accident and keep track of any aches, pains, or other discomforts. Chances are, you’ll forget about the details.
• Seek out treatment and continue to go to your doctor.

If you happen to get into a collision, remember to stay calm and call for help. Get the other driver’s information and make sure you report the accident.

After a serious accident, a common occurrence is post traumatic stress disorder (PTSD). PTSD is a serious psychological disorder caused by the intense and persistent stress of a traumatic event. Although a victim may not be left physically handicapped by the accident, he or she may be emotionally or psychologically handicapped by PTSD, or other anxiety or stress disorders.

A simple example of PTSD is a car accident victim who is scared to drive again following the event. Even if plenty of time has passed since the accident, and all physical wounds have healed, the victim may still be scared to get into a vehicle, let alone drive one. Just being in a vehicle may cause vivid flashbacks, intense stress, and feelings of vulnerability. Simple cues in the environment (such as being in the car) may trigger an emotional response where the victim will relive the events (mentally) that occurred during the traumatic experience.

Each person reacts differently after an accident – some people may be in a minor, non-life-threatening accident and suffer PTSD, while others may get into a serious accident and show no signs or symptoms of the disorder. Depression and anxiety may also occur after a traumatic event. If left untreated, these disorders can escalate and lead to larger problems in the long run, such as increased stress and the avoidance of certain situations or activities.

If you or someone you know has been in an accident, a few key symptoms to look for include:

• Nightmares, dreams, and/or flashbacks about the event
• Increased emotional stress and feelings of guilt
• Fear or avoidance of the situations or activities that are similar to or remind the victim of the traumatic experience
• Depression (ranging from mild to serve) or always feeling down
• Emotional reactions to cues in the environment that remind the victim of the accident or cause them to relive it, psychologically

Call us toll-free at 1-800-JUSTICE^® or fill out our Online Case Evaluation form. You will speak to an experienced personal injury lawyer who will provide straight forward answers to your complex questions. Call us now today!