Orthopedic Injuries
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As people age, their bones tend to lose density. As a result, the risk of sustaining orthopedic injuries becomes heightened. Even commonplace accidents can cause substantial damage to an elderly person’s musculoskeletal system, resulting in substantial pain and discomfort.
However, regardless of age, depending on the circumstances, anyone can sustain orthopedic injuries. While certain orthopedic injuries (like tennis elbow) can be sustained by the overuse of certain muscles, these disruptive and painful forms of musculoskeletal damage can be acute, as well. Orthopedic injuries are especially common for people who have been involved in car accidents, slips and falls, and other traumatic events caused by someone else’s negligence.
Fractures, breaks, dislocations, sprains, and hernias can make it impossible to carry out routine, everyday tasks. Depending on the nature of your job, sustaining an orthopedic injury may make it impossible to carry out the tasks required of you. This can lead to financial and emotional stress, especially if you do not have access to paid time-off or an insurance plan covering short-term disabilities.
If you sustained orthopedic injuries in an accident caused by someone else’s negligence and have incurred financial losses as a result of being injured, our Ontario personal injury lawyers may be able to help you recover compensation. To learn more, take advantage of a free initial consultation by calling 1-800-JUSTICE.
Common Types of Orthopedic Injuries
When negligent drivers collide with other road users, when a property owner’s failure to maintain their premises leads to slip and fall accidents, or when other parties fail to uphold the duty of care they owe to fellow community members, accidents can occur. Depending on a number of factors, including the physical circumstances of the accident and the age/medical condition of the people involved, the negligence of others can have painful consequences.
Some orthopedic injuries that are commonly sustained in traumatic accidents include:
- Sprained ankles
- ACL tears
- Meniscus tears
- Shoulder dislocation
- Torn rotator cuffs
- Wrist fractures
- Hip fractures
- And more
Recovering from orthopedic injuries can be a lengthy, complicated, and frustrating process. While certain mindfulness practices could help injured accident victims throughout their recovery, depending on the severity of their injuries, usually physiotherapy and rehabilitative exercises are necessary. Without sufficient insurance coverage, these necessary costs can be prohibitively expensive, especially for those who cannot return to work because of the injuries they have sustained.
Consult Our Ontario Personal Injury Lawyers
At Preszler Injury Lawyers, we believe that no one should be forced to pay the high price of someone else’s negligence. Our personal injury lawyers serving Ontario are passionate about helping injured accident victims get the compensation they deserve.
If you incurred financial losses because of the orthopedic injuries you sustained in an accident caused by someone else’s wrongful conduct, our Ontario personal injury lawyers may be able to help you recover your losses by filing a civil claim against the at-fault party. To learn whether you might be entitled to compensation, contact us today for your free initial consultation with our Ontario personal injury lawyers.
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Personal Injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.