- If you have been injured in a motor vehicle accident, you are entitled to claim Accident Benefits insurance benefits from your own insurer. If someone else was at fault for the accident, you may also be entitled to claim damages from the at-fault party’s insurer (tort claim).
Both accident benefits insurance claims and tort claims are fraught with complexities. Insurance companies are all in the business of making a profit – and do not profit by paying maximum benefits to claimants. Legislation favours insurers and not victims of injury. There is a $30,000 deductible that applies to all motor vehicle accident claims – meaning the insurer keeps the first $30,000 of any money awarded to you for general damages (unless you receive more than $100,000 in which case the deductible is waived). Further, you cannot proceed with a claim for general damages unless you have suffered an injury that is deemed both permanent and serious. If you recover from injury, you are not permanently injured – no matter how significant your injuries may have been. Even if you only partially recover, if your limitations are not deemed serious, you cannot proceed with a claim for general damages.
It is nearly impossible for an unrepresented claimant to navigate the complexities of litigation successfully. Insurers hire skilled advocates to represent their interests. A successful litigant must do the same.
Contingency fee arrangements allow litigants to retain a skilled lawyer at minimal financial risk to themselves. Heidi Bergeron, Injury Lawyer, offers contingency fee arrangements. In a contingency arrangement, you not pay your lawyer until your case is successfully resolved. Typically, your lawyer will pay all costs associated with bringing your case to resolution. In other words, your lawyer invests their firm money in winning your case, and partners with you, in this endeavour.
Further, litigation insurance products are available that significantly limit your risk to exposure to a costs award or a bill for disbursements, if you do not win your case. Heidi Bergeron’s firm can arrange such insurance for you, should you wish to have it.
The Personal Injury Law professionals at Heidi Bergeron, Injury Lawyer are skilled in building your case, in order to receive maximum recovery from insurance companies. Working with our motor vehicle accident lawyers allows you to negotiate with insurance companies from a position of strength.
- People slip and fall every day. Most people slip, fall and walk away with little more than a bruised ego. Sometimes, however, a slip and fall causes permanent and serious harm. Heidi Bergeron’s firm have successfully represented numerous clients who sustained significant head injury as a result of a slip and fall accident.
The Occupiers Liability Act provides that the owner or occupier of property must maintain that property so that it is reasonably safe. What is reasonably safe will vary depending on the nature and location of the property in question. What must be done to keep an outbuilding such as a barn reasonably safe, for example, might be different than what is required to keep one’s front walkway to a principal dwelling reasonably safe.
Furthermore, it is sometimes difficult to know who is at fault when someone is injured on a property hazard. Consider the case of a slippery sidewalk at a commercial store. Would one sue the owner of the property, the leasehold tenant who operates a store in the building, the property manager responsible to ensure the property is maintained, or the maintenance company who is responsible to maintain it? What if the slippery area is caused by a drip from eaves that are eroded? Is it a building deficiency, or a maintenance issue?
Furthermore, there are different standards for Municipalities than there are for ordinary occupiers, and different standards for municipal roads than municipal sidewalks and municipal parking lots. If you slip and fall on a municipal property, you must notify the municipality within a very short period of time, and you must be aware of the standards of maintenance that apply. You must also photograph the scene promptly or the conditions may quickly change and be impossible to prove.
Consulting a Personal Injury Lawyer after a serious slip and fall is the best way to insure that you are informed of the rights afforded to you by law and to ensure maximum recovery in damages.
Dogs have been equipped by nature with potentially dangerous anatomy – sharp teeth and powerful jaws. As a result, irresponsible dog ownership can lead to injury. This is why the Dog Owner’s Liability Act dictates that the owner of a dog is responsible for taking reasonable precautions to ensure that his or her dog does not bite or attack people nor pose a menace to public safety.
Navigating what constitutes “reasonable precaution” and determining liability in dog bite cases is a complicated task. The professionals at Heidi Bergeron Personal Injury Lawyer can help.
- While most personal injury cases result from motor vehicle accidents and slip and fall accidents, negligence of any sort can result in injury. If you have been injured as a result of negligence, you may have a meritorious claim.