5 habits that can cause a car accident

 

Car Accident 2

Accidents happen on our roads on a daily basis. While some are caused by unavoidable circumstances such as mechanical issues some are purely due to reckless driving of some drivers. Car accidents are in fact among the leading causes of premature deaths.

If you are tasked with driving, you should understand that it is not only your life that is in danger but that of your passengers as well as other road users. However, if you are involved in an accident, you can talk to any car accident lawyer so that they can represent you accordingly.

As road users below are some of the things we often do that can cause a car accident.

  1. Not signaling

Failure to signal is the most common mistake among many drivers even those with years of experience. Indeed, it makes it hard for other road users to predict your movements if you are one of those drivers who enter an intersection without signaling your intention to do so. This sudden change of direction is more than likely to cause a crash especially if the car behind you was following at a close range.

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  1. Driving while you are distracted

Another great mistake a driver can make while on the road is getting distracted by other activities aside from driving. It may not necessarily be physical activities such as using their mobile phones or trying to locate items around the car but also deep thoughts that may defocus the driver away from the steering wheel.

accident, car, communication

  1. Driving while intoxicated

The use of alcoholic substances can impair one’s ability to make a correct judgment. Therefore, it is not advisable to drive while under the influence. Statistics show that driving while under the influence of such substances is the leading cause of accidents worldwide. Even car accident lawyers advise making sure that their clients test negative for alcohol abuse before they can take any course of action because drunk driving is a serious offense in some states.

Person Driving and Drinking

  1. Fatigued Driving

Another primary cause of car accidents is driving when you are tired. If you are fatigued it is impossible to concentrate on the road and may become a hazard to other drivers. Standard driving practices require drivers to make sure that they are physical okay when on the road. It is also advisable that if you feel sleepy, it may be a good idea to stopover for a few minutes for a nap.

Man in White Dress Shirt Holding Steering Wheel

  1. General Recklessness on the road

Some drivers make you wonder whether they understand road safety at all. They commit all sorts of traffic offenses making it impossible for other users to stay safe. These are the drivers who don’t obey the traffic lights, tailgate, drive above the speed limits and even take wrong lanes without care. Such behaviors are more than likely to cause car accidents easily.

Person Wearing Pair of Brown Leather Loafers

It is crucial for all road users to avoid such habits that may lead to car accidents. The tragedy of this matter is that the habits will not only endanger the life of the person who possesses these behaviors but those of other innocent road users as well. Talk to a car accident lawyer who will follow up your case in case you are involved in an accident.

5 Recent Reforms Related to ICBC Law in Canada

According to a recent announcement, there will be changes and reforms that will affect the financially beleaguered ICBC (Insurance Corporation of British Columbia). The announcement was made by the provincial government.  An ICBC lawyer Vancouver can explain to you more about the reforms. These changes come after ICBC released its latest report that fore-casted that there will be a significant and sizable net loss come the end of the organization’s fiscal year. The net loss was estimated to be close to $1.3 billion.

Part of the statement released by David Eby, the Vancouver, BC Attorney General during the announcements read:

“ICBC is in real trouble, and what we need to do is get ICBC under control. For too long, difficult decisions have been put off and growing financial problems at ICBC hidden from the public. The changes we’re initiating today will reduce ICBC’s claims costs by more than $1 billion every year, helping make it sustainable for decades to come.”

The Attorney General concluded his statement by blaming the previous government. The corporation has been pummeled into financial chaos due to the reckless decisions that were made by the previous administration. ICBC had been created to offer affordable insurance cover for all the Vancouver BC drivers. The new reforms are expected to have a significant impact on motorists, especially when dealing with their insurance coverage after an accident.

Below are the five reforms that are being experienced by the ICBC.

  1. Repayment Cap

The BC government will start capping the payment (pain and suffering payment)  at $5,500. This is the payment motorists are eligible to get when involved in minor motor accidents. From the 1st of April 2019, the cap will be effective.  This means the amount of money being requested for in damages  by an idnividela involved in a minor motor accident will be limited.

  1. Compensation

ICBC will now increase the amount of separate medical benefits  that motorists receive after a car crash. This new compensation is an increase that hasn’t been experienced since 1991. Wage loss payment has been increased from $145 to $280 weekly, funeral costs are will now be $7500 from the previous $2500. Death benefits have also been increased to $30,000 from the previous $20,800. The other medical benefit of care services that are expected to double are: recovering, speech therapy, physical therapy, nursing etc.

  1. Treatment Types

The ICBC will now prepare other common treatment methods that are used, like massage, counselling and acupuncture. A lump sum of money will be moved by the ICBC to the care based model so as to cover for the complete costs.

  1. Injuries

The ICBC will now define minor injuries as anxiety, mild whiplash, sprains, aches, cuts, and bruises. In case these injuries persist for more than 12 months, and greatly affect the daily activities of an individual like going to school or work, then the injury can be redefined to be a major injury and then be placed outside the cap. Major injuries include concussions and broken bones. A medical doctor can also define whether ones injuries are minor or major. During a dispute the ICBC will be using the new civil resolution system to lower the legal costs of the case outside of court. The system is already being used in strata disputes.

  1. Rate Hike

The AG did not speculate on whether these reforms will be able to prevent the $1 billion loss predicted. Therefore, it’s good to brace up for some rate hikes in the future. However the Attorney General did say that there will be more rooms which will include higher rates on consultation for bad drivers, using the red light cameras in catching speeding motorists etc.

 

Preparing for Your Day in Court: What to Wear

You may have spent many long weeks preparing for your personal injury lawsuit, and the big day is quickly approaching. Your personal injury lawyer may have asked you to obtain additional documentation, and he or she may have coached you in further preparation in previous weeks. However, as your court date approaches, your attention may turn to the more practical matter of what to wear. The clothing you wear as well as all factors impacting your personal appearance are important, and you can follow these tips to better prepare yourself for your day in court.

Understand the Statement Your Clothing Makes
While the jury’s primary job may be to focus on the specific circumstances of the case, they will also spend plenty of time looking at you. Your appearance can make a bold statement about who you are as a person. Ideally, you want to portray an image of being a stable, upstanding member of the community. The courtroom is not a place to make a bold statement about culture and politics or to draw unnecessary attention to you through your wardrobe. After all, you want attention to be focused on the facts of the case. Ideally, your clothing should show a respect for the court, so dress professionally. In addition, it should be clean and rather conservative.

Choose Colors With Care
The courtroom is a conservative environment. Just as it is not a place for sneakers and ballcaps, it also is not a place for loud, obnoxious colors. You can more easily blend in with the environment and avoid drawing unnecessary attention to yourself when you wear darker, sophisticated tones, such as black, grey, brown or blue slacks or skirts with a lighter colored shirt. A button-down shirt is a more conservative option to consider.

Focus on Personal Hygiene
Personal hygiene is a necessity in court. You should definitely bathe before each court appearance, and ensure that your hair is neatly combed and styled. Bring a comb or brush with you so that you can touch up your hair as needed throughout the day. Men should be cleanly shaved, or their beards or mustaches should be trimmed with care each day. Women should wear a conservative amount of makeup to create a polished appearance without being flashy. You may want to wake up earlier than usual on your court appearance day to ensure you look your best.

Your appearance in court can sway the jury in various ways, and you want the jury to be swayed in your favor. By spending time picking out the right outfit and by devoting ample time to your personal hygiene, you can put your best foot forward in court. To learn more, visit Futerman Partners LLP and learn from their online resources.

Protect Business by Finding a Foolproof Canadian Franchise

The Canadian Copyright Law protects against any copyright infringement in your original creative work including poems, musical score, painting, computer program, and performance. These valuable creations should be protected to ensure that the rightful owner enjoys the financial benefits. A franchise lawyer offers legal representation in transacting business franchises on a lease basis.

The Canadian Copywriter Act prohibits any unauthorized use of someone’s work or trademark without seeking the permission of the owner. The Act aims to promote creativity and systematic exchange of ideas by protecting the copyright holders.

Canadian Business Law

There are numerous franchise opportunities in Canada, but getting the right business franchise deal will depend on many factors. Most importantly, you need legal advice from a prominent franchise lawyer to guide you through the process. Do your own evaluation and settle on a deal that will bring financial returns.

A franchise refers to the business license to run a franchiser’s business brand and its trademark while adhering to their standards. The term of engagement may be between five and ten years but varies from one company to another. The initial fee for acquiring these rights range between $15,000 and $ 100,000 depending on the loyalty levels linked to franchiser’s outlets. The franchisor will also enjoy between 5%-8% of the gross sales from the outlet.

Most franchisors require franchisees to submit annual contributions towards national and regional advertising costs (about 15 to 4% of gross sales). This is to facilitate top level advertising through major media platforms to drive sales across the business outlets throughout the country.

The Canadian franchise business typically engages three aspects that are being transacted between the franchisor and the franchisee; the value of the reputable trademark and brand, the low unit costs generated from the purchasing power of a huge buying group; and the technical know-how within the franchisor’s business system.

You’re Renting, Not Buying

It is important to note that you’re not buying the business system, but merely renting the rights to use franchisors system, know-how, or trademark. Once the franchise agreement duration elapses, the rights are reverted back to the franchisor. Trademark Canada ensures that such transactions are carried out within the stipulated business laws.

Bottom Line

The Canadian Copyright Act stipulates that the certificate of registration of copyright is the required evidence of proof that the copyright exists and the registered person is the owner of the copyright. However, the task of policing and verifying any registered work is not under its jurisdiction. The act does not guarantee that the originality of your work or its legitimacy will not be questioned in future. The experts at Hoffer Adler are capable of providing you with further information.

Criminal Law in Canada: Important Facts to Know

 

A crime in Canada, similar to other countries that uphold the rule of law is considered an offence against whole society. Accordingly, it is the State that usually starts the criminal prosecution. An accused person has a right to a criminal lawyer for their defense.Criminal offences in Canada are outlined in the Criminal Code. The Code codifies most offences and procedures to be followed in Canada.

Types of Criminal Charges in CanadaAs a criminal trial is deemed to be an extremely serious matter where the accused person has a lot at stake such as loss of personal liberty and conviction stigma, both the Criminal Code Charter and common law protect the rights of any accused person. It is the right of the accused to assemble a criminal defence team.

An accused person in Canada can get criminally charged in 3 different ways:

  • Indictable offences – usually the most serious of offences like murder. The way these are handled is normally more formal and lengthy. The case may involve a trial by a judge and a jury together, or by a judge alone.
  • Summary conviction offences – typically these are less serious matters that come with smaller penalties, such as mischief and a good criminal lawyer may be all you need.
  • Hybrid offences – these cover the largest part of criminal offences. They could be handled as either summary or indictable offences, largely based on the individual case circumstances. It is the crown prosecutor who decides on the procedure to be used.

Getting Legal Help

When charged with a criminal offense in Canada, you obviously will want to hire a criminal lawyer immediately. You will want a lawyer who is experienced in criminal law as this is a highly specialized law segment. If you are unable to hire a Canadian lawyer, you are allowed to apply for a free legal aid lawyer.

Appealing Against a Decision

An important safeguard in the Canadian legal system allows for the right to appeal in a higher court against the decision of the lower court because an error could have occurred in a trial. The accused, for example, through their criminal defence team may seek to have a higher court reduce a sentence. Similarly, the prosecution team may ask for your sentence to be increased. The higher court has power to deny the appeal, reverse the original decision or in some cases order a re-trial.

Conclusion

In Canada, criminal offenses are federal crimes and the law that governs them is enacted by the Canadian Parliament sitting in Ottawa. These laws define the offences covered and they include among others, murder, robbery, assault, and newer offences that involve organized crime, computers, and terrorism. Criminal laws in Canada are constantly being amended while others are being adapted to fit into a society that is ever-evolving. They are particularly subject to change whenever a new government gets elected to power. Learn more information at Donna V. Pledge, which has more online resources available.

3 Signs That You’ve Chosen the Right Medical Malpractice Attorney

If you are thinking about filing a medical malpractice lawsuit, you are going to need the help of a team of good medical malpractice lawyers. There are a lot of law firms out there that advertise that they help people with these cases, but not all of them are created equally. These are a few positive signs that you want to look for that show that you have chosen a good medical malpractice lawyer.

1. The Firm Specializes in Medical Malpractice

First of all, you should consider looking for a law firm that puts a big concentration on medical malpractice. There are a lot of law firms out there that offer various legal services. Even though it might seem like a good thing to look for a lawyer who knows a lot about various areas of law, it’s often a good sign if you choose a law firm that primarily focuses on medical malpractice. This can help you ensure that you choose an attorney who has plenty of experience.

2. The Firm Has a High Percentage of Settlements

In many cases, settling is a better option than going to trial. Going to trial can result in a lot more legal fees, which can greatly reduce the amount that you end up with. Additionally, a long, drawn-out trial process can be exhausting and can leave you without the funds that you need for a long time. Legal offices that have a reputation for settling are often a good choice because insurance companies often negotiate differently because of it.

3. You’re Able to Pay on a Contingency Basis

If you are recovering from an injury, surgery or other health-related issue, the last thing that you probably have is a lot of extra cash to spend on legal fees. A lot of people go without getting the legal help that they need because they don’t think that they can afford it, but many medical malpractice attorneys actually work on a contingency basis. Basically, what this means is that you do not have to pay your lawyer up front at all. Instead, your attorney will work for free until you win your case. Then, the attorney will get a predetermined percentage of your settlement. This can be a good option because you don’t have to pay if your lawyer does not win your case, and you will know that your attorney is doing what he or she can to get you the highest possible amount, since his or her pay depends on how much you receive, too.

As you can see, there are a few things that you can look for to determine if you have chosen the right medical malpractice attorney. By looking for these things, you can feel good in knowing that you have probably hired a lawyer that you can count on.

Punitive Damages in a Personal Injury Case in Canada

Punitive damages represent additional compensation awarded in a personal injury case in Canada in which the party that caused injuries to another engaged in particularly egregious conduct in causing the accident in the first instance. Punitive damages actually are rarely awarded in Canadian personal injury cases. Indeed, an injured person really needs the assistance of a personal injury lawyer in order to successfully pursue a claim for punitive damages in Canada.

Civil Juries Versus Trials to the Court

Films and television presented throughout North America sometimes include tales that involve court trials. More often than not, these cases feature judicial proceedings in the United States. As a result, these entertainments have resulted in some misperceptions about punitive damages, jury trials, and trials to the court in civil cases.

In the United States, as is oftentimes depicted in movies and television shows, civil lawsuits, like personal injury cases, are tried before a jury. On the other hand, in Canada, the majority of civil lawsuits are tried directly to the court or to the judge. There is no jury.

In part because of a personal injury lawsuit being tried only before a judge, an award of punitive damages in Canada is less likely. In addition, even when this type of compensation is awarded, it is done so in an amount that is considerably less than what is found south of the border.

The Purpose of Punitive Damages in Canada

A personal injury lawyer will explain to a client that the purpose of punitive damages is to punish and deter. These damages are designed to add a more significant consequence to particularly egregious conduct in a particular case. Moreover, punitive damages are designed to send a message beyond a specific case to deter others from engaging in similar conduct in the future. There is at least some additional compensation awarded to a plaintiff in a tort case, above and beyond merely compensatory or economic damages.

Medical Negligence and Punitive Damages

A personal injury lawyer is also likely to explain that if punitive damages are going to be awarded in a Canadian case, it is more likely than not that it will be a case involving medical negligence or medical malpractice. Even then, the level of misfeasance in a medical negligence or medical malpractice case is going to have to be significant in order to result in a successful claim for punitive damages in a trial.

During an initial consultation with a personal injury lawyer, a potential client has the opportunity to discuss possible compensation in a case, among other issues. As a general rule, there is not charge for an initial consultation with a personal injury lawyer. For a better understanding, Preszler Law Firm has many resources available for reference.

Can You Lose Your Damages Award Because of This Simple Mistake?

After a person has a personal injury, such as a car accident or a slip and fall, one of the first questions they ask personal injury lawyers concerning their legal rights is “How much is my case worth?” A lot goes into deciding how much your personal injury case is worth, but sometimes, what you do or fail to do can cost you. There are certain instances where the part the injured party played in causing the accident, or their failure to seek medical care following an accident, can negatively impact the amount of compensation they receive in a personal injury lawsuit.

What is Contributory Negligence?

Contributory negligence is when the person the lawsuit may have their claim to damages reduced because of their failure to take care of their own health and safety. It that’s the case, then plaintiff’s right to fully recover from the loss or injury they’ve suffered might be affected accordingly. Some motor vehicle examples of this include:

 

  • A plaintiff who wasn’t wearing a seatbelt during an accident might be considered 15% to 25% negligent if the defendant can prove that wearing a seatbelt would’ve prevented the injury.
  • A plaintiff who wasn’t wearing a helmet while riding a motorcycle or bike could be considered 10 to 15% contributorily negligent if the defendant can prove that a helmet would’ve reduced or limited the loss.
  • A plaintiff who was impaired by drugs or alcohol, as well as consenting passengers of impaired drivers, can be found 25%-45% contributorily negligent.

 

In addition, the plaintiff in a personal injury case is responsible for mitigating their damages. They must demonstrate that they’ve taken reasonable measures to mitigate or minimize the extent of financial harm caused by the defendant. So by not seeking medical care, or even vocational job retraining if possible, they might see their damage awards go down significantly. Its imperative to seek medical care following an accident. Not just to mitigate damages, but also for your own health and well-being.

You Can Still Get What You’re Entitled To

Personal injury law is a specialized area of law that requires personal injury lawyers to have a deep understanding of insurance and tort law. If you’re a personal injury victim, it’s wise to seek legal representation as soon after the accident as possible. You should also help yourself by practicing safe driving practices, and by seeking the proper care after an accident. That way, you can lessen the chance of unpleasant surprises during the trial.

How To Succeed With Your Personal Injury Case

Personal injury litigation is a time-consuming and expensive process for lawyers. It is also charged with emotions for the victims and their families. Personal injury laws vary from state to state and are constantly changing. If you have been injured, through no fault of your own, then you need to hire a lawyer that has experience with personal injury laws and regulations in your state.

Car Accidents

One of the most common personal injury case is that of the car accident. It is important that you call the police at the scene to document damages to your vehicle and send for an ambulance if needed. Skipping this important step may cause the other driver’s insurance to deny your claim. You should also obtain the other driver’s name, phone number, license plate number and insurance company. Ask the attending police officer for a copy of the accident report. The accident scene should be photographed for documentation of fault. If you are injured in any other type of accident, then you will need to seek treatment in the emergency room of your local hospital.

The Friendly Insurance Adjuster

Sometimes when you have an accident, a friendly insurance adjuster will pay you a visit. If they offer you a check, never sign and take it without checking with your lawyer first. Most insurance adjusters are trying to settle the case quickly and without difficulty. It may be tempting to not sign the check, but it is better to wait until your lawyer informs you of what to do. Make sure you do not sign any paperwork the insurance adjuster may present to you. The value of your personal injury case is determined by your lawyer. It is almost impossible for someone to represent themselves without a personal injury lawyer and come out ahead.

Personal Injury Tips

If you have been injured, the first step is to seek medical treatment. Contact a disability lawyer as soon as possible. Choose a lawyer that specializes in personal injury cases. They will be familiar with personal injury cases similar to yours. Some lawyers do not charge you for the initial consultation. If you have a strong case, then they may not charge you until the case is settled. That means you will not have to spend money out of your own pocket when you are off of work.

A personal injury can severely disrupt your personal and professional life. Consulting with a lawyer can help ease your worries and reduce your level of stress. Your lawyer will tell you what to expect and estimate damages owed to you. Keep in mind that these figures are only an estimate and there are a lot of variables when it comes to personal injury cases.

What Important Factors Are Needed To Prove Medical Malpractice

Medical malpractice due to the negligence of a healthcare provider can be one of the most devastating things to experience, and unfortunately, some victims are denied compensation for their suffering due to a lack of adequate evidence. The following things are essential to provide in order to ensure that you are fairly compensated for any medical malpractice that you experience.

Evidence of the relationship

First and foremost, you must ensure that you have a way of verifying that there was a physician-patient relationship with the doctor you are pursuing a malpractice claim against. In the event that the consulting physician did not administer direct treatment, questions about the existence of the relationship will be asked.

Verification of negligence

There has to be substantive proof that the doctor was negligent and that it isn’t just a matter of your personal feelings about the results of the treatment. You must provide evidence that demonstrates that objective harm was caused in a way that a competent doctor would not have caused under similar circumstances.

Negligence to suffering correlation

After you have proven that the results of the treatment did result in harm that is not to be expected from a competent health care provider, there must be evidence provided that substantiate the claim that this was a direct result of the doctor’s negligence. It can be difficult to prove that a doctor’s negligence is the exact cause of patient suffering, but in order to successfully process the suit, it is necessary for such causation to be proven.

Specification of the consequences.

The specific consequences of the malpractice must be specifically identified. Physical pain, mental suffering, financial difficulties, and interference with the patient’s ability to make a living are all examples of specific consequences that must be outlined.

Faulty diagnosis verification

In addition to the specificity of the consequences, the specificity of the malpractice in question must also be verified. Some examples of specific medical malpractices are an inadequate warning of the treatment risks, faulty treatment, and a failure to properly diagnose the condition that would merit the procedure.

Timeliness

It is essential that you make a point to bring up a medical malpractice suit within the proper window of time following the emergence of the consequences. The typical window provided for bringing up a medical malpractice case is within six months and two years of the treatment, depending on the state.

Review panel and notice guidelines

Before the medical malpractice claim can be completely processed. There are some states that require the patient to consult a review panel of medical malpractice experts in order to hear it out and give confirmation of its veracity. Certain states might also require that the patient notify the doctor of their pursuit of a medical malpractice claim.

Expert opinion

In many cases, the opinion of medical expert witness might be a deciding factor in the ultimate verdict of the medical malpractice case. Usually, there will be qualified expert present at the trial in order to directly provide their opinion on every aspect of the case.

Damage award limits

In the event that the medical malpractice case is ruled in favor of the patient, then many states have their own specific limits that are applied to the compensation. Be sure to verify just what your state’s limits are on medical malpractice compensation are before pursuing the suit.