Brampton Slip and Fall Lawyers

Brampton Slip and Fall Lawyers

Have you or a loved one been injured on a property in Brampton through no fault of your own?

If so, and the property owner/manager was negligent, you may be entitled to file a lawsuit for damages against the at-fault party.

While that may sound like a relatively simple process, it rarely turns out that way. Liability can be denied, insurance companies can attempt to shift some of the blame onto the injured party, and complexities and delays can result.

In such difficult situations, it can help to have the support of a seasoned slip and fall injury lawyer who can conduct all communications with the insurance company and negotiate the compensation you deserve.

At Auger Hollingsworth, our experienced slip and fall injury lawyers are tenacious in pursuing claims so that you receive the maximum compensation possible.

Call us for a free case assessment today. Remember, you pay us nothing unless we receive a settlement or judgement in your favor.

Common slip and fall accidents in Brampton

Slip and fall injuries are among the most common types of personal injury claims filed in Brampton.

Injuries may be nothing more than a minor bruise but frequently lead to broken bones or worse, a traumatic brain injury, spinal injury or even paralysis (the dangers of slip and fall accidents for elderly people are significant).

Property owners and occupiers in Brampton have a duty of care to guests and visitors. Failure to inform people of a hazard is a breach of this duty, so if your injury is due to a poorly maintained property or a preventable hazard, you may be able to claim for negligence.

Good examples of hazards that can lead to serious slip and fall injuries include:

  • Cracked sidewalks or tiling
  • Snowy or icy sidewalks, pathways or parking lots
  • Wet and slippery floors without warning signs
  • Uneven or damaged flooring
  • Obstructions from fallen objects or failure to store items adequately
  • Torn or loose carpeting
  • Broken floorboards
  • Broken handrails on steps/stairwells
  • Poor lighting in stairwells/walkways

Understand your rights after a slip and fall accident

It is common for slip and fall accident victims to blame themselves for being clumsy. Many people are not aware of the duty of care owed to them or that negligence can be compensated.

Under the Occupiers’ Liability Act of Ontario, property owners in Brampton must keep their properties safe at all times for visitors and guests.

If you are in any doubt about the cause of your slip and fall injury, it is important to seek legal advice as you may have a valid compensation claim.

The lawyers at Auger Hollingsworth will ensure that you are clear on your rights and will explain how to determine whether you can claim compensation, what the process is, and what you can claim for.

What should you do after a slip and fall accident in Brampton?

Besides contacting an experienced Brampton slip and fall accident lawyer, there are several advisable steps for your safety and wellbeing and to make the claims process easier if you are involved in a slip and fall accident:

  • Get a medical evaluation: even if you have no major physical signs of injury, ensure that there are no internal injuries or fractures (documenting your injuries is important).
  • Follow the doctor’s advice to rest: if the doctor says “don’t work”, it is important to stay at home.
  • Preserve and stop wearing the footwear you were wearing when you fell: this is often key evidence in a slip and fall injury case and you should maintain it in the same condition as the day of the accident.
  • Take photos and video at the scene: ideally, before repairs or other changes are made to the scene.
  • Gather witness information: witnesses may have seen your accident or be able to describe the condition of the area in which you fell.
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Do I need a personal injury lawyer for a slip and fall claim?

It is possible to file a personal injury claim without the assistance of a lawyer but not necessarily advisable. You may end up settling for far less than you are entitled to.

Occupier liability accident claims

Liable parties under Ontario’s occupier liability rules include private property owners (such as landlords), store owners, private homeowners, and property managers. Sometimes, in business environments or public places, multiple parties can be held liable.

These cases can be extremely complex but they are more likely to ultimately lead to fair compensation for you and your family if you are represented by a competent personal injury lawyer.

Victims of slip and fall accidents need to prove several elements:

  • They were owed a duty of care
  • The duty of care was breached
  • Injuries resulted directly from this breach of duty

This can be challenging to prove. Besides, insurance companies are powerful entities with access to considerable legal resources. They are reluctant to pay out unless forced to.

Dealing with insurance companies

When recuperating from an injury, the last thing you need is to have to deal with loss adjusters from an insurance company. Their job is to minimize the losses for the insurance company—in direct competition with your best interests.

An experienced personal injury lawyer understands the strategies used by insurance companies to minimize payouts and is ready to counter them.

With representation from our lawyers, the insurance company will realize that it will not be able to avoid paying out and the matter may become very expensive for them with a court trial.

Our slip and fall lawyers don’t settle for anything less than our clients deserve. The sooner you appoint us to represent your best interests, the sooner we can start preparing your claim.

It is highly inadvisable to settle a claim with your insurance company without having a lawyer review the proposed settlement first. You may feel pressured into signing an agreement in the interests of a quick payment but ultimately, it may be far less than you deserve and you may not get a second chance.

In this second part of a 3-part interview personal injury lawyer Brenda Hollingsworth describes what steps to take after an Ontario motor vehicle accident.

Get a FREE assessment from us here https://ahinjurylaw.com/

Are you looking for expert advice after an accident? The smartest step you can take after any accident is to connect with a personal injury lawyer for a FREE consultation.

In Ontario, Canada, Personal injury lawyers Brenda Hollingsworth and Richard Auger with their team of experienced lawyers offer FREE, no-pressure, advice about your rights and entitlements when you have been hurt.

For more information on whether you have a claim for car accidents, motorcycle accidents, bicycle accidents, any other road accidents, accidents at work, slips and falls, etc, go to https://ahinjurylaw.com/

The interview also discusses what information you should collect at the accident scene before you leave.  Get the other driver’s name, address and driver’s license. Wait for the police if they have been called.

It is also important to get medical attention as quickly as possible.  It is easier to prove your injury was caused by the accident if you see a medical doctor as soon as possible after the accident.

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To determine the claim amount, the amount of your damages and the extent of your injuries will be considered.

 A knowledgeable personal injury attorney can help you negotiate the best settlement or fight for a higher claim amount in court.

What compensation can you receive?

In slip and fall cases, the Brampton courts will consider factors like how foreseeable the danger was, what the occupier did to maintain the property, the actions of the injured person, the extent of the injuries caused, and so on.

An experienced slip and fall injury lawyer from Auger Hollingsworth can provide an estimate of the total compensation due, based on similar previous cases. In many cases, you can claim a variety of damages, including:

  • All medical expenses, including emergency care, surgery, medication, etc.
  • Costs of physiotherapy if required
  • Costs of attendant care if necessary
  • Loss of past and future wages (if you cannot go to work or have to change your career because of your accident)
  • Damage to property suffered during the accident
  • Pain and suffering (general, non-pecuniary damages)

Most claims are settled out of court. Our lawyers understand how to negotiate with insurance companies to ensure that our clients receive the maximum compensation possible.

What Our Clients Say:

“I had a great experience. My lawyer, Andrea, was fantastic. She was honest, realistic and to the point. She did not try to over-estimate the results nor under-estimate my injuries. She was great to work with. Everyone at Auger Hollingsworth was pleasant, professional and down to earth.”

Kel G

Rating: 5/5 ⭐⭐⭐⭐⭐

Get compensated for slip and fall injuries in Brampton

You generally have two years from the date of your accident to file a slip and fall injury claim in Brampton, except for injuries caused by icy conditions. In these cases, injured parties only have 60 days from the date of injury to file a claim.

The litigation process can be challenging and time-consuming. At Auger Hollingsworth, our slip and fall lawyers are accustomed to holding the insurance companies of at-fault parties to account, helping local families claim reasonable damages and move on with their lives.

Start by discussing your case during a free case evaluation with a Brampton slip and fall lawyer today.

Slip and Fall FAQs

Slip and fall injuries are among the most common types of personal injury claims in Ontario.

Even cases of slip and fall accidents that appear simple and straightforward can become complex with long investigations, difficulties with proof of liability, negotiation with insurance companies, and so on.

Following are the most common questions that our slip and fall injury lawyers are asked about with these claims.

A slip and fall claim is made when an individual seeks compensation after suffering an injury from an accident where they slipped (or tripped).

The accident may have occurred on any type of property – residential, public or commercial – and the property owner or occupier may be held liable if found to be negligent.

Property owners have a duty of care to visitors, guests, customers, and so on. If this duty of care is breached, it may create a hazardous situation that can lead to falls and injuries.

After a slip and fall accident, seeking legal redress will not typically be the first thing on your mind.

Try to follow these steps if you have been injured in a slip and fall accident in Ontario:

  • Take relevant pictures and video footage at the scene of the accident using your phone: if possible, show the conditions/cause of the accident, e.g., the condition of the stairs, floor, lighting, sidewalk, driveway, parking lot or wherever you fell, and the weather conditions if applicable.
  • Seek an immediate medical examination: either at a hospital (if emergency care is needed), a walk-in clinic or from your doctor. Your injuries must be assessed professionally, treated, and documented as a priority.
  • Follow all medical advice to the letter: if you are advised to stay off work and rest – stay off work and rest!
  • Report the incident to the property owner or manager: whether the accident occurred in a home, business or office, make a report to the property owner or manager and ensure it is acknowledged – get a copy of the report and their contact details.
  • Make notes about what happened: write down everything you can remember while the information is still fresh in your mind. Focus on the time, location, and how your injury occurred.
  • Check security cameras and ask for a copy of the footage: with so many security cameras around now, it is possible that your accident was caught on camera. Check the footage and ask for a copy of it.
  • Speak to witnesses: ask for their names and contact details and check if they have pictures or videos that may be useful for your case.
  • Keep your footwear: you may need to prove what footwear you were wearing so make sure you do not throw it away. Take pictures of it even if it is ruined.
  • Retain any broken property: if you smashed your glasses, phone, watch or any other item, keep it and photograph it as it may be used as evidence.
  • Photograph the progress of your injuries: track and record the progress of injuries as they may worsen.

Many of the above steps can be handled by your slip and fall injury lawyer at Auger Hollingsworth.

It’s best to contact a qualified and experienced lawyer as soon as possible after your accident as this will allow you to focus on recovery while the legal work is done for you.

Ontario imposes a two-year statute of limitations on most slip and fall injury claims. That means you generally have two years from the date of your accident to file a lawsuit against the at-fault party.

However, if you slip and fall on snow and ice and intend to sue, you need to inform all of the proper parties within 60 days.

In rare cases, where an injury is not identified until later or there are other extenuating circumstances, it may be possible to extend the statute of limitations.

There is no defined limit, calculator, or table to work from when calculating slip and fall accident injury claims.

Every claim is treated according to the unique circumstances. That’s why it’s important to go over your case in detail with an experienced slip and fall lawyer, who can assess your situation and help you determine how much compensation should be paid to you.

A slip and fall lawyer at Auger Hollingsworth will be able to estimate compensation based on the facts of the case and, if necessary, an investigation and expert medical opinion.

Compensation may include the following:

  • Out of pocket medical expenses e.g., emergency care, hospital visits, medication, etc.
  • Future medical expenses, e.g., if rehabilitation or physiotherapy is needed
  • Expenses that would not have occurred but for the accident, e.g., damaged property
  • Pain and suffering (“general damages”)
  • Lost wages (past loss of income)
  • Future loss of income

If your injuries are severe enough to keep you off work and involve a long period of recovery, the claim is likely to be significantly more than if you can return to work relatively quickly.

Sometimes, with the most serious injuries (like spinal or brain injuries), a return to the same career as before the accident is impossible for the victim – and this will be taken into account when damages are awarded.

In such cases, occupational therapists may be called in to assess future medical needs and actuaries or accountants will need to calculate future losses. We will be as precise and thorough as possible with your claim.

This is a difficult question to answer. It will depend on your relationship with the property owner or occupier and the specific circumstances of the accident.

Legally, if the property owner was negligent and you suffered injuries as a result, you have the same right to file a claim as against any negligent party.

Whether you do so may depend on the extent of your injuries and how well you know the at-fault party. It’s much more difficult to file a lawsuit against someone you are friendly with than a business owner who you’ve never met, for instance.

You can discuss the circumstances of your accident with one of our slip and fall lawyers, who will outline your legal options.

A slip and fall accident can have a range of injuries from minor to serious. Either way, a fall can severely impact the way you go about living your day-to-day life while trying to recover. However, is it practical for all slip and fall victims to seek compensation for your injuries?

Not every time you slip and fall is there a claim. However, if you can prove there was negligence by someone in control of the property where you fell, you may have a claim. For the most part, if the injuries and discomfort are minor and completely disappear within a few days to three weeks you may not want to follow through with a claim. However, if your pain persists for more than a month you may have a valid claim. The injury lawyers at Brenda Hollingsworth’s office can provide you with a free consultation to explain your rights and current situation.

Lianne Laing and Brenda Hollingsworth answer a caller’s question on CTV Morning Live about suing for an Ontario slip and fall accident and what the best course of action is depending on the severity of the injuries.

During these snowy and slippery Ottawa winter days, it is common for many of us to lose our balance and maybe suffer a fall. Most of the time such situations don’t involve other individuals or fault of any kind, but on occasion, a fall can be attributed to someone’s action, or inaction. Legally speaking, a slip and fall case is one where an individual is injured after a “slip and fall” which was due to the intent or negligence of another person. An individual who suffers this kind of injury may be entitled to compensation.

A slip and fall can occur on private, public, or commercial property. If you have suffered an injury due to a neighbour’s icy driveway, the parking lot at work, or the pavement outside of a restaurant, it is possible that you have a slip and fall case that can be legally pursued. Commercial property owners in particular have a responsibility to keep their properties safe for the public. If a property owner fails to maintain safe conditions outside his or her establishment, they can be held responsible for compensating those injured due to their negligence. If you think you may have a slip and fall case, the first thing to do is to contact a personal injury lawyer who can help you identify the key aspects of your case and can help you determine if your situation can be legally pursued. Your lawyer will collect evidence, speak to the property owner, and possibly interview witnesses of the event, which will help to strengthen your case.

Walking in Ottawa can be a dangerous endeavor during the winter, especially since we can sometimes get rain, snow, hail and extreme temperatures during our winter months. These weather factors can create the ideal conditions for a slip and fall so be careful when you’re out walking your dog, pushing a stroller or meeting friends outside a cafe. In the event that you suffer a slip and fall, think about contacting a lawyer and finding out if you may be entitled to financial compensation.

During the winter after an ice storm, or rapid temperature drop, slip and fall accidents are a common occurrence. However, a question that arises is how to properly go about reporting the accident when it is on municipal property.

When an Ottawa slip and fall accident occurs on municipal property you have 2 years to file a claim. However, there can be shorter notice periods. You need to file a notice with the municipality indicating you were hurt and that there is a possibility of a claim. You should do this before anything else.

Watch as Lianne Laing and Brenda Hollingsworth answer a caller’s question about a slip and fall accident on municipal property and the right course of action to take on CTV Morning Live.

A fractured pelvis is very debilitating. Because the pelvis houses so many internal organs, pelvic fractures can result in significant internal bleeding. The pelvis is also vital in daily activities such as walking, running and biking, but when it is fractured, mobility is severely limited.

For the elderly, the most common cause of a pelvic fracture is a slip and fall. For younger folks, the pelvis must be directly impacted by a strong force in order to fracture. Car and motorcycle accidents are leading causes of pelvic fractures because there is such a strong force created when two cars collide at high speeds.

The pelvis is composed of three bones that are connected at the base of the spine by connective tissue. The pelvis is the structure that connects the lower body to the legs.

If you have suffered a pelvic fracture in an accident caused by someone’s negligence, you may have a serious claim for damages. Contact a personal injury lawyer for more information about your claim.

If you file a claim against a negligent party for a slip and fall injury, the settlement can take weeks, months or years.

It depends on many factors, such as the extent of your injuries, the difficulties with proving fault, the complexity of the investigations, the size of the potential claim, whether the claim is contested, and so on.

Slip and fall accident victims often find that the insurance company of the at-fault party approaches them early on for a quick settlement. However, this may not be in their best interests.

If this happens to you, don’t sign any paperwork until you have had a personal injury lawyer review the offer. Once you sign the settlement, you will waive your right to legal action.

Allowing an experienced lawyer to handle the communications with the insurance company might not be the quickest option but it is more likely to result in you receiving fair compensation for your injuries.

If you have sustained injuries from a slip and fall accident in Ontario, start by discussing your case during a free case evaluation with a personal injury lawyer at Auger Hollingsworth.

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