Hamilton Slip and Fall Lawyers

Hamilton Slip and Fall Lawyers

If you have been injured in a slip and fall, getting help from an experienced slip and fall lawyer is critical. At Auger Hollingsworth, we offer free case assessments so you can get some clarity about your legal options. Be sure to act quickly, as there are strict deadlines for filing Ontario claims!

If a property owner acted negligently and failed to keep their land safe, you may be able to file a claim against them or their property manager. Meeting with a lawyer can help answer your questions about whether or not you have a case.

Millions of slips and falls of all shapes and sizes happen every year in Canada. Injuries can range from a scrape or bruise to broken bones, spinal cord injuries, or death. Getting injured in a slip and fall can have very high costs, financial, physically, and mentally. You deserve compensation if you were injured due to someone else’s negligence in maintaining their property. Our skilled Hamilton slip and fall lawyer team at Auger Hollingsworth can help you navigate your claim and help you get fair compensation.

 

 

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Common types of Slip and Fall Accidents

Property owners in Ontario, both commercial and residential, are responsible for keeping their property reasonably safe for visitors. The property must be kept free of hazards, defects, and other dangerous conditions. For example, property owners must remove snow and ice during winter months that could be a slip and fall hazard. Here are some other examples of common slip and fall accidents:

  • Improper lighting: Property owners must ensure that walkways and stairwells are well lit to avoid serious injuries
  • Uneven surfaces: Harsh Ontario winters often take a toll on walkways and can lead to uneven surfaces. Unexpected potholes and lips in the road can lead to trip and fall accidents.
  • Defective stairs: Stairs must be well maintained, including any handrails, to avoid tripping hazards.
  • A falling object: Debris that falls onto a walkway can pose a serious tripping hazard if it is not removed quickly.

Property owners must meet a “reasonable duty of care” rather than perfection. “Reasonable” is not as straightforward as it seems and is decided on a case-by-case basis. You should always speak with an experienced slip and fall lawyer for advice about the standard of care for property owners.

Common Slip and Fall Injuries

With the average person taking between 8,000 and 10,000 steps per day, there are literally thousands of opportunities a day for a potential slip and fall accident. In many provinces, slip and falls are among the most common causes of non-fatal injuries and hospital admission for trauma. These falls can take a significant toll on the human body, including:

  • Broken bones
  • Spinal cord injuries:
  • Traumatic brain injuries
  • Ligament and tendon damage

Filing a claim

The Occupier’s Liability Act permits an injured party to file a claim against a property owner or occupier responsible for their injuries and other related losses. The Act outlines that property owners and occupiers must maintain their land to minimize the risk to guests and visitors. This includes having proper lighting, removing debris, fixing broken railing, and filling potholes. If they fail to maintain their property, they can be subject to claims and lawsuits.

To begin your claim, you will need to provide evidence proving that the property owner failed to keep their property safe. Speaking with a Hamilton slip and fall lawyer can help you navigate the complicated standards and put forward the best evidence to maximize your claim. We also always tell our clients to take photos of their fall location, as the conditions of the location can change quickly. Preserving the footwear you were wearing and collecting witness information are also helpful for our lawyers to build your case.

Note that you must quickly seek legal action if you slip on ice or a snow-covered surface. Bill 118, passed in December 2002 outlines that slip and fall victims only have 60 days post-fall to file an injury claim.

Valuing a Claim

The value of a potential settlement depends on a variety of factors. It is difficult to predict an exact dollar value before reviewing all the facts since the particulars of every case are different. A lawyer will assess the severity of your injuries, length of time off work, and the impact on your quality of life when looking at your case. Our experienced legal team can compare your injuries to the related case law to try and provide you with an estimate.

Slip and fall victims often receive significant damages payments. They may be entitled to medical, therapy, and wage losses reimbursement. Many victims also receive compensation for pain and suffering. Our Hamilton slip and fall lawyers will assess how the victim’s injuries are affecting them now and how they predict they will be affected in the future to determine the value of their claim. Our team also consults with medical and vocational experts to help get a complete picture of your case and correctly calculate the compensation you will need to rebuild your life.

The insurance company will build its own defense and attempt to prove that the fall was your fault. They may try to make you provide a statement about what happened or get you to sign a settlement. We advise our clients not to speak with anyone about their claims before speaking with a Hamilton slip and fall lawyer. If you hire us to represent you, we will communicate with the insurance companies, so you don’t have to.

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://www.personalinjuryottawa.ca

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://www.personalinjuryottawa.ca

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.

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Filing Slip and Fall Claims at Ontario Schools

Even schools have a duty to maintain their properties and ensure there are no slip and fall hazards for employees and students. If your child slips and falls during recess, gym class, or while in the halls, you may have the right to a claim. Filing a claim will not affect the school’s budget since the school board carries its own insurance for situations like this.

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Contact our Hamilton Slip and Fall Lawyers Today

If you slipped and fell on someone else’s property due to their negligence in keeping the area safe, you should not have to bear the impact. The physical, mental, and financial toll of a slip and fall injury can be massive. While nothing can completely repay you for the trauma of your injury, the at-fault party should be held accountable for their negligence. Being represented by top Hamilton slip and fall lawyers can help you get the most for your claim. However, make sure you do not delay, as many slip and fall injuries have short deadlines. Call Auger Hollingsworth for a free slip and fall case evaluation!

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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