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Serious Injury & Death
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| Q: |
My child died in a terrible drowning accident in a public swimming pool. My family has not recovered from the shock of his death. Can I pursue a claim in my child’s name, even though he has died? |
| A: |
You have a claim under the Family Law Act for loss of care, guidance and companionship. The negligence of the lifeguards and/or the owners of the swimming pool would have to be carefully evaluated first. However, if you are able to establish liability, then you, your child’s grandparents and siblings will be entitled to compensation. |
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Motor Vehicle Accidents
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| Q: |
I was involved in a car accident. What is the first thing I should do? |
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In Ontario, motor vehicle accident claims are highly regulated. Your claim for compensation will be dictated by the provisions of the Insurance Act of Ontario.
The first thing you should do is go to your doctor, and continue to see your doctor as long as you remain injured. Within 120 days of your accident, you must notify the driver and owner of the vehicle that hit you, in writing, and advise them that you have been injured and that you intend to pursue a claim for compensation against them. You can obtain their names and address from the police report. |
| Q: |
Can I sue the driver of the car that hit me? |
| A: |
You can sue the person responsible for your injuries if you have what is called a “permanent and serious impairment of an important physical, mental or psychological function.” Essentially, your injuries must be permanent and serious enough that they significantly alter the quality and enjoyment of your life. One of the questions a court will ask is whether you have been able to return to your pre-accident work activities |
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I was recently injured in a car accident and my doctor told me to take time off work. I cannot afford to do this right now |
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Ontario has a no-fault insurance scheme. Your own automobile insurer has the responsibility to pay for “Accident Benefits.” These benefits include income replacement benefits. If, in the first two years after your accident, you must take time off from work due to your injuries, you may be eligible to receive a maximum of $400 per week from your insurance company until you are ready to return to your pre-accident position.
There have been recent changes to the legislation if you are injured in a car accident that takes place on or after April 1, 2004. If you suffer from what is called a whiplash disorder grade I or grade II, your insurance company will only pay you income replacement benefits for 12 weeks.
Your insurance company will also provide funding for rehabilitation services such as physiotherapy, massage therapy and chiropractic treatment.
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Slip & Fall Injuries
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| Q: |
I recently fell on ice in the parking lot of my grocery store. I broke my ankle. What are my options? |
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First, if the accident happened recently, then return to the parking lot and take pictures of the area of your accident.
Second, write the grocery store and property owners immediately and tell them what happened and the nature of your injuries. Be sure to include your name and address in that letter.
Third, you may pursue a claim for compensation. Under Ontario’s Occupier’s Liability Act, the property owner and/or property manager have a duty to regularly inspect the parking lot and keep it safe for the public. Therefore, if there was no salt or sand on the parking lot when you fell, you may have a claim for pain and suffering, lost income and cost of care. |
| Q: |
What other types of “slip and fall” accidents do you deal with? |
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We represent individuals who have fallen over objects that were negligently left lying on property. We have represented individuals who have tripped on uneven pavement and bricks, and who have lost their balance on poorly maintained stairwells. We also pursue claims on behalf of people who have slipped on wet floors. |
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Historical Sexual Abuse
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| Q: |
I was sexually abused as a child by my uncle. I subsequently dropped out of school and have suffered from depression on and off my entire life. I finally have the courage to seek justice. What are my options? |
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It may not be too late for you to pursue a claim for compensation. You can obtain damages for pain and suffering as well as lost income. If you cannot afford psychotherapeutic treatment, then you can claim the cost of that treatment, as well. There are a few questions that you must explore first, however. These include whether your uncle has any money or assets to pay your claim. We would also want to know if criminal charges were ever laid against him, or if you ever told anyone about the abuse before now. |
| Q: |
What time limitations should I be concerned about if I want to pursue a claim for damages? |
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Generally speaking, for most accidents, there is a two-year time limit during which you can pursue a claim. There are exceptions to this rule. For example, if your accident occurred when you were a minor, then the two-year limitation expires when you turn 20. There are also exceptions for survivors of sexual abuse.
We would recommend that you speak to us in order to find out what the limitation period is in your case. |
| Q: |
I cannot afford to pay a lawyer right now. |
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At Howard Yegendorf & Associates, we take cases on a contingency basis. That means that we defer payment of our fees until a settlement occurs, or at the end of a trial. Until that time, we do not bill you. Our fee to you will be a percentage of the amount you settle for or the amount you win at trial. We do, however, ask that you provide us with a nominal amount to open a file and cover our initial disbursements.
Please speak to us further about the percentage that we will charge you, and the amount we will require for disbursements. |
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