Personal Injury Lawyers – Slip and Fall
Personal Injury Lawyers
Slip and Fall Injury Lawyers
Slip and Fall Accident Injury Lawyers
If you have sustained injuries from a slip and fall accident, you need to contact an experienced Personal Injury Lawyer immediately to discuss your case and the next steps that must be taken. At Scardicchio Law Office Professional Corporation, our Personal Injury Lawyers represent people injured in a slip and fall accident in Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener and across Southwestern Ontario.
The injury that you suffer in a slip and fall accident will often depend on the type of slip and fall accident. The type of slip and fall accident can also determine what parties may be held liable for your injuries.
Some Causes of Slip and Fall Injuries
A few of the most common causes of slip and fall hazards and accidents include a slip and fall on snow and ice, where property owners have the responsibility to remove snow and ice in a timely manner; a slip and fall on wet and slippery floors that are not cleaned up; a slip and fall on damaged flooring, such as loose floorboards, carpets and mats, or uneven surfaces causing slipping hazards; a slip and fall on unkept premises, such as uncleaned foliage or cluttered areas; and, a slip and fall on pot holes with no warning signs.
Injuries in a Slip and Fall Accident
Some injuries that can occur in a slip and fall accident include hip fractures, bone fractures, disc bulging, concussions, brain injury, spinal cord injury, chronic pain, burns, head trauma, broken or sprained ankles, broken or sprained arms, wrists or hands, and more. Of these, head trauma is the most severe, and any head injury should be properly examined by a medical professional immediately. A doctor will likely recommend a diagnostic imaging test, such as an MRT or CT scan. There is a large concern with head injuries that pressure builds inside the skull, which can be fatal. At times, lessening pressure may require surgery.
Seek Immediate Medical Attention
If you have been injured by a slip and fall accident, it is crucial to seek the immediate medical attention of a doctor who can properly assess your condition. At Scardicchio Law Office, our experienced slip and fall Injury Lawyers will get you the compensation that you deserve. Our injury lawyers are dedicated to getting you the settlement you deserve for your injuries and will fight to protect your rights from the beginning of a claim.
There are some common slip and fall hazards that may result in serious personal injuries to you or a family member, which may include:
- Uneven sidewalks, gaps or cracks.
- Poorly maintained parking Lots.
- Loose stair treads, broken or missing hand rails.
- Retail shops and store – cluttered and stacked merchandise.
- Restaurant water/spills not cleaned up.
- Parks, Playgrounds, Day Care Centres.
- Retirement/Nursing home negligent care.
Some Long-term Impairments that may be caused by a slip and fall accident may include:
- Bulging or Herniated Discs, Fractured Vertebrae.
- Broken Bones, Displaced Bone Fragments, Amputations.
- Lumbar or Lower Spine Damage.
- Paraplegia or Quadriplegia.
- Psychological Injury.
If you have been involved in a slip and fall accident, it can be one of the most traumatic experiences of your life. Injuries sustained from a serious slip and fall accident may lead to life changing consequences. Suffering from a slip and fall injury can involve head injuries, brain injuries, neck injuries, fatal injuries, spinal cord injuries, broken bones, paraplegia, quadriplegia, vision loss, hearing loss, headaches, whiplash associated disorder, dismemberment, torn ligaments, fractures, internal bleeding, permanent disfigurement, and more.
Liability arising from a slip and fall accident
Slip and fall accidents are unique in nature as the duty of care arises from the Occupier’s Liability Act, as well as the legal principles in common law and the tort of negligence. Generally, an occupier must keep the premises reasonably safe for visitors, and anyone who foreseeably has permission to use the property. Slip and fall cases commonly arise when owners and/or occupiers leave their property in a state of disrepair, or when hazards are present. Also, claims may arise where lighting is not adequate for the area in question, or when changes in elevation are not properly marked for safety.
In addition, seasonal hazards such as accumulation of ice and snow, excess water, and foliage, can cause very dangerous conditions in which the occupier or owner may not properly maintain.
Occupier’s Liability Act in Ontario
Occupier’s liability refers to the duties that an occupier owes to individuals who enter their premises. Ontario’s Occupier’s Liability Act is the law that governs this area. An occupier is defined in the Act as a person who is either in physical possession of a premises, or a person who has responsibility for and control over the condition of a premises or the activities there carried on, or control over persons allowed to enter the premises, despite the fact that there is more than one occupier of the same premises.
Getting injured in a slip and fall accident can be devastating, causing many different injuries to virtually any part of your body. One of the most common and potentially debilitating injuries caused by a slip and fall is a spinal cord injury. Most often it is the case that a person slips and falls on a hidden hazard, ice, snow, uneven sidewalk, pot hole, or wet floor. These injuries may be considered catastrophic by the insurance company. Even if your symptoms are mild or moderate, it is important to contact a personal injury lawyer, as commonly these symptoms may become severe depending on the extent of the damage to the spinal cord and back area that is affected. At times, there are only external signs of the trauma like bruising, however severe damage may result from the spinal cord having forcefully been hit by the impact of the fall. Bruising, bleeding and swelling, disc bulges, or herniated discs may result if proper medical attention is not given to these types of injuries.
If you have been hurt in any slip and fall accident, call one of our experienced slip and fall lawyers at Scardicchio Law Office Professional Corporation today for your free, no-obligation case analysis. Our team of dedicated personal injury lawyers have the skill and experience to properly protect your rights and ensure you receive maximum compensation for damages, if you have been injured.
Common types of slip and fall injuries
Pot holes are the most common type of ‘hidden hazards’ in slip and fall accidents. However, there are other types of hidden hazards, such as poor or no lighting; foreign objects in a walking path; power or electrical cord lines; fallen wires; missing stairway steps or hand rails; wet floors; low-hanging branches; and, snow and ice.
If you have been injured by a hidden hazard, you should immediately report the accident at the time, as well as list any witnesses, the condition that caused the fall, along with any other relevant information such as lighting or weather. It is prudent and beneficial to report your accident to a business, if this is where your fall occurred, although it is not mandated by law. If it is possible, taking photos of the physical area where the accident occurred is recommended. If you were physically injured, it is important to have a medical practitioner assess you to help substantiate your claim. A delay in seeking treatment is generally not recommended for various reasons.
Slips on Ice, Snow and water
Living in our northern climate, we experience harsh winters and must battle the elements throughout the seasons. An occupier still has a duty of care to those using their property, and this includes clearing and maintaining snow and ice build-up on certain areas of their property where it is reasonable foreseeable that use and permission is given. Many slip and fall accidents occur when an occupier negligently leaves a dangerous path covered in ice and/or snow. Slip and fall cases on snow and/or ice become complex where an occupier contracts with a third-party to remove and/or maintain designated pathways and parking lots on their behalf. These claims are vigorously defended by both parties, as they point the finger at each other when determining who bears the responsibility, leaving the plaintiff with no recourse unless a claim is issued and vigorously pursued in the courts by an experience personal injury litigation lawyer.
Uneven Pavement and sidewalks
In many circumstances, an occupier responsible for maintaining publicly used areas of their property is negligent in inspecting and repairing pathways that develop a trip ledge. Commonly, municipalities who are responsible for sidewalks and other public paths are found by the courts to be negligent in maintaining a system of inspection, keeping appropriate records, and ultimately maintaining a good state of repair of these paths. Trip ledges are extremely dangerous, as it is natural to walk with our eyes looking at the horizon rather than staring at our feet every step. There are standards that the courts expect the municipality to meet in maintaining the pathways and sidewalks, and only an experience slip and fall lawyer will be able to assess your particular case and determine compliance issues. If you fall on a City property, you must notify the city within 10-days, otherwise your claim is statute barred.
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Reporting a car accident
Reporting a car accident in Ontario depends on a few factors. First, if the damage does not exceed $2,000, then you are not legally required to file a police accident report or call police to the scene of the accident. But, if an injury occurred, no matter the size of the damage, then you must call the police. Contact the collision reporting centre at:
HOW DO I ACCESS AUTO INSURANCE CLAIMS FORMS (ACCIDENT BENEFITS)?
You may find these on the Financial Services Commission of Ontario website, under Auto Insurance Claims Forms (OCF Forms):
How to settle your accident benefits claims?
If you have been injured in a car accident, and require access to Accident Benefits, then contact our Personal Injury Lawyers at Lawyers at Scardicchio Law Office Professional Corporation to get a free case evaluation and find out what your case is worth. Our team of Injury Lawyers can help settle your Accident Benefits claim.
Should I hire a Lawyer for my disability claim?
If you have sustained injuries from an accident and require assistance filing your Long-term or short-term Disability claim, or to appeal a denied Disability claim, you need to contact an experienced Personal Injury Lawyer immediately to discuss your case and the next steps that must be taken. At Scardicchio Law Office Professional Corporation, our Personal Injury Lawyers handle disability claims in Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener and across Southwestern Ontario.
Reporting Nursing Home Neglect
Reporting a nursing home neglect has multiple steps. Since nursing homes are heavily regulated by the Ministry of Health and Long-term care, it is prudent to advise the Ministry upon any suspicion of nursing home neglect, especially where it may have caused a serious injury, or contributed to a fatality of your loved one.
How long does it take to receive a settlement in a nursing home neglect case?
Depending on whether your case is complex and the willingess of the other party to settle, your case can take anywhere from a year to many years longer. Reporting your injuries to your doctor is important and ongoing. Nursing home neglect are complex, and these types of cases usually have procedural steps that must be taken by your experienced personal injury lawyer, especially if the neglect resulted in the death of your loved one. Call us today to discuss your nursing home neglect injury case.
Types of Injuries from Nursing Home Neglect
Some examples of nursing home neglect injuries include:
Malnutrition and dehydration
Improper use of restraints
Failure to follow plan-of-care
Types of Medical Malpractice Claims
Some examples of medical malpractice claims may include:
Child Birth Injuries
If you believe your doctor or health practitioner did not provide the standard of care during the birth of your child, it is important to contact a medical malpractice lawyer immediately.
Improper Use of medical equipment or sterilization
In the past, Ontario has seen cases where unsafe injection practices have led to a patient contracting serious terminal disease by infected blood or blood products, causing hepatitis.
Spinal Cord Injuries or Traumatic Brain Injuries
Brain injuries and spinal cord injuries are serious.
Physician’s Non-disclosure of Risks
If you have been injured by a physician’s negligence and were not provided with the material risks involved in a procedure, treatment or surgery, contact our office immediately.
If you were misdiagnosed by a physician, which resulted in serious injuries, contact our medical malpractice lawyers today.
Failure to diagnose
If a physician failed to properly diagnose your health condition, contact our lawyers to discuss your next steps.
If you have been injured due to the negligence of a Dentist, you may be entitled to compensation.
If you have been injured due to a negligent surgeon, contact our office to discuss your case.
HOW LONG DOES IT TAKE TO RECEIVE A SETTLEMENT IN A CAR ACCIDENT CASE?
Depending on whether your case is complex and the willingess of the other party to settle, your case can take anywhere from a year to many years longer. Reporting your injuries to your doctor is important and ongoing. Car accident cases usually have procedural steps that must be taken by your experienced personal injury lawyer. Call us today to discuss your car accident injury case.
License Appeal Tribunal Forms (LAT)
You may findthe application and response forms for a LAT dispute here:
Reporting a slip & fall injury to the City
Reporting a slip and fall to the City must be done within 10-days, or else your claim may be statute barred. In otherwords, if you fall on City property, you must contact them to advise them of the claim. It is important to get a reference number for the call, the name of the individual you spoke to and, generally, if it can be done in writtin, this is the best manner in which to notify the City of the fall.
How long does it take to receive a settlement for a slip & fall injury case?
Depending on whether your case is complex and the willingess of the other party to settle, your case can take anywhere from a year to many years longer. Reporting your injuries to your doctor is important and ongoing. Slip and fall accident cases usually have procedural steps that must be taken by your experienced personal injury lawyer. Call us today to discuss your slip and fall accident injury case.
Should I hire a Lawyer for my slip & fall injury?
It is important to contact an experienced slip and fall Injury Lawyer immediately. The first step is to seek medical attention and advise your medical practitioner, or hospital, of the injuries. At Scardicchio Law Office Professional Corporation, we offer contingency fee retainers on most personal injury cases, which means you do not have to pay unless we win, subject to any disbursements that may be applicable.
What is my brain injury case worth?
Contacting the right accident injury lawyers is important because an experienced motor vehicle accident lawyer will be able to get you the compensation that you deserve. Dealing with your loss of income due to time taken off work and potentially dealing with the stress of any long-term disabilities which may affect you post accident, is difficult enough. It is important that you outline all of your symptoms to your medical physician, such as physical and psychological symptoms that may be affecting you.
Sometimes a critical injury from a motor vehicle accident may not be apparent immediately after the accident, and oftentimes a person will experience injuries such as brain injuries days or weeks following the car accident. Multiple medical appointments may be necessary in order to outline to your doctor all of your symptoms wholly. Our car accident injury lawyers will help fill out your accident benefit claims, and deal with other factors with the insurance company that come with a car accident injury claim. We can assist with Medical Rehabilitation Benefits forms; Caregiver Benefits forms; Out-of-pocket expense forms; employer confirmation forms, and catastrophic impairment forms.
Claims Arising from a Motorcycle Accident
There are at least two types of claims that arise in motor vehicle accidents, when you are not at-fault. Initially, the accident benefits claim must be submitted to the insurer as soon as possible given the strict deadlines for making a claim. Some accident benefits included in a claim are medical and rehabilitation benefits, income replacement benefits, attendant care benefits, non-earner benefits, care-giver benefits, home modification benefits, as well as catastrophic benefits and others. If you pay for optional benefits, you may be entitled to further enhanced benefits. In order to ensure you are receiving your maximum entitlement to benefits, you should speak with an experienced personal injury lawyer to discuss your case.
A Tort claim against the driver responsible for the accident is allowed for general damages, special damages, Family Law Act claims and any other loses not compensated for through the accident benefits. There are strict notice periods and legal tests to determine if and when a claim should commence. An experienced personal injury lawyer can assist you in pursuing your claim for damages. Contact our office today and speak to a lawyer who can assess your case. Those individuals who have further insurance coverage through a group benefits plan or other disability insurance, may be entitled to further benefits, such as short-term disability benefits and long-term disability benefits.
Catastrophic injuries, as defined by the Statutory Accident Benefits Schedule, are quite severe and usually require case manager services. These complex claims must be handled by a litigation lawyer who has experience dealing with catastrophic injuries. If you have suffered a catastrophic injury, contact our law firm to discuss your next steps.
If the College of Physicians and Surgeons of Ontario (CPSO) Dismissed your Complaint, you can still Seek Compensation for Your Injuries
A complaint to the College of Physicians and Surgeons of Ontario (CPSO) is different than a civil claim. The CPSO has the authority to reprimand a physician for their conduct, though they do not have the authority to order compensation be paid to you. Thus, this can only happen if a civil action has been commenced.
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