Vancouver BC Personal Injury Lawyers - Stephens and Holman

Wrongful Death Claims

noreply@blogger.com (Guyg) — Tue, 12 Jan 2010 22:21:00 +0000

Claims arising from wrongful deaths in British Columbia are governed by the Family Compensation Act. In order to make a claim for compensation, there must be three factors present.
First, one must be able to prove that someone was negligent. For instance, in a traffic accident, you have to be able to prove that somebody else was responsible for the death. Second, of course, the death has to ensue from the injuries suffered in the accident. The death may occur at some point further on, but if it is from some other cause, such as a long-term illness, there would not be the causation that’s necessary to bring a suit for negligence. If the accident resulted from of the negligence of somebody else, then it is compensable. The accident does not have to involve an automobile either. If someone, for instance, was going to a restaurant and he slipped and fell on ice in the parking lot, hit his head and died, there could be a claim also.
In British Columbia, we have what is called contributory negligence. The courts might find that the deceased was not using an available seatbelt. In such a case, the court might deduct some percentage from the compensation if it believed that the failure to wear a seatbelt contributed to the injuries causing death.
The third requirement in British Columbia is that the deceased has economic dependents. For instance, if an eight-year-old child is run over in the road and killed, there is, unfortunately, no economic compensation as the child would not have dependents.
To summarize, in order to bring a claim under the Family Compensation Act, there must be proof that someone was negligent; the death must be clearly caused by the negligence of this person or persons and there must also be dependents affected financially by the loss; they are the ones who would initiate the claim.
—
If you, or someone you care about, is dealing with Personal injury law issues in the Vancouver, British Columbia Region, contact Stephens & Holman

What To Do if You or a Loved One Has Been Involved in a Plane Crash

noreply@blogger.com (Erica) — Mon, 11 Jan 2010 17:22:00 +0000

Although flying is perhaps the safest way to travel, however, planes do crash on rare occasions. Whether the fault was with the pilot, the weather, or poor ground control, the results from a plane crash are oftentimes devastating to both the victims and their families.

Personal Injury

If you were lucky enough to survive after being involved in a plane crash, it is more than likely that you sustained severe injuries. These injuries can sometimes leave you incapable of going to work, paying your medical expenses, or taking care of your family. Contacting personal injury Lawyers such as the ones at Stephens & Holman, who have experience in these cases can help you begin the process of collecting compensation to which you are entitled.

Wrongful Death

Due to the nature of the majority of plane crashes there is a high likelihood that those involved will not survive. If you have a loved one that has been killed in a plane crash an Lawyer with experience in dealing with wrongful death from a plane crash can help you navigate this oftentimes-confusing scenario. This will allow you more time to focus on loved ones and make whatever preparations are necessary for the victim.

If you live in British Columbia and have been injured in a plane crash, or if you have lost a loved one in a plane crash, please contact the Lawyers at Stephens and Holman to schedule a free, no-obligation consultation as soon as possible.

Boating Accidents – Who’s at Fault?

noreply@blogger.com (Erica) — Tue, 22 Dec 2009 20:27:00 +0000

There are many different factors that can contribute to a boating accident that are different from those involved while driving a car. For this reason it is sometimes hard to determine who is at fault in a boating accident. Typically, the person whose negligence caused the boat accident is the one who is responsible for paying damages, but, again, this is hard to establish in some cases.

Examples of Negligence while Boating

Not obeying proper safety precautions, e.g. going over the speed limit
Operating the boat in a reckless manner
Operating while under the influence of drugs or alcohol

Sometimes it can be found that more than one person was at fault in a boat accident. In this case, both parties could be responsible for paying damages in proportion to their level of fault. If the victim of an injury was at fault or shared partial fault, then the amount of damages will be decreased by the amount of fault the victim is responsible for.

If you have any further questions about who is at fault in a boating accident, please contact the law offices of Stephens and Holman to schedule a consultation with one of our experienced boating accident Lawyers. We serve residents in Vancouver and all of British Columbia.

Boating Accidents

noreply@blogger.com (Erica) — Mon, 14 Dec 2009 20:26:00 +0000

According to the latest 2009 statistics, upwards of nine million people participate in recreational boating every year. This number has risen steadily over the last ten years and with the increase in boating traffic, there comes an increase in boating accidents. Many times, these boating accidents result in injury or even death. If you are one of the hundreds of people who have been involved in a boating accident this year it is in your best interests to find a qualified personal injury Lawyer like the ones at Stephens & Holman who has experience dealing with boat-related injuries.

Because most small boats are used as recreational vehicles there is more of a tendency to have alcohol on board a boat than there is in an automobile. Last year over a third of boating accidents involved alcohol. People operating recreational water vehicles have a tendency to forget how dangerous it is (not to mention how illegal it is) to operate ANY vehicle while under the influence of alcohol.

If you have been injured in a boating accident and you live in British Columbia, please contact the law offices of Stephens and Holman to schedule a consultation with one of our qualified boating accident Lawyers today!

What Do You Do After a Motorcycle Accident?

noreply@blogger.com (Erica) — Wed, 25 Nov 2009 16:32:00 +0000

Personal Injury
If you have been injured in a motorcycle accident your first priority should be to make sure that you have the best medical attention possible without having to worry about who is going to pay for it. Contacting a personal injury Lawyer who has experience dealing with motorcycle accident cases can help relieve some of your fears and anxieties over what the future might bring for you and your family. Motorcycle accidents can often involve severe brain injuries even if the rider was wearing a helmet. For this reason it may be up to the family of the injured party to make sure that he/she has proper legal representation.

Death
If you have a loved one that has been killed in a motorcycle accident your first priority should be to the friends and family of the victim. It is sometimes hard to know what to do after losing a loved one, but you do have choices as to where to go from here. Getting in touch with an Lawyer who has handled cases similar to your own can let you know the full range of options available to you and your family and can help to ease the burden that you carry by making sure that those at fault are held responsible for their negligence.

If you live in British Columbia and have been injured in a motorcycle accident or have a loved one who has died in one, please contact Stephens and Holman Lawyers at Law to set up a free, no-obligation consultation as soon as possible.

Motorcycle Accidents

noreply@blogger.com (Erica) — Tue, 17 Nov 2009 16:30:00 +0000

Motorcyclists are probably the most vulnerable group of motorists on the road because of the relative lack of protection a motorcycle gives its rider. For this reason it is much more likely that a motorcycle rider will be injured or killed in an automobile accident than a person driving a car. Also, motorcycles, unlike other vehicles, are much less visible on the road, making other drivers more likely to hit them.

Motorcycle Accident Statistics
The majority of collisions occur because a motorist failed to see the motorcycle
Less than 5% of accidents occur due to highway defects
75% of incidents involve a collision with another vehicle
Most collisions occur after a vehicle makes a left turn in front of a motorcycle
More severe injuries are much more likely the larger the motorcycle
The majority of injured motorcyclists are between the ages of 16 and 24

As you can see, most accidents involving a car/truck and a motorcycle are caused by the driver of the automobile failing to see or yield the right of way to the motorcyclist. After being in an accident it is important to set the facts straight with a qualified Lawyer to make sure that your medical expenses are covered by the other driver or drivers if it turns out to be their fault.

If you live in British Columbia and have been injured in a motorcycle accident, please contact Stephens and Holman Personal Injury Lawyers as soon as possible to make sure that you have experienced legal representation.

What Do You Do if You or a Loved One Has Suffered a Brain Injury?

noreply@blogger.com (Erica) — Mon, 02 Nov 2009 16:28:00 +0000

The damage that a brain injury can cause goes above and beyond the damage to the victim. This kind of injury can result in the victim not even realizing the kind of damage that has been done, so the burden of these injuries gets laid on friends and family. After making sure that the victim is stable and that friends and family are informed of the circumstances, it is in your best interests to start looking for a personal injury Lawyer who specializes in lawsuits involving brain injury.

Even minor brain injuries can cause life-altering and long-lasting effects. Many times, however, victims of these injuries are released from the hospital without referrals or recommendations to brain injury rehabilitation facilities or given guidance of any kind. Having an experienced personal injury Lawyer will give you access to the kind of guidance you need to get yourself or a loved one into a treatment plan that they may desperately need.

If you live in British Columbia and have recently been a victim of an accident that has resulted in a traumatic brain injury, please contact the law offices of Stephens and Holman to schedule a free, no-obligation consultation and get the guidance and help you deserve.

Types of Brain Injuries

noreply@blogger.com (Erica) — Thu, 08 Oct 2009 15:27:00 +0000

The brain, being the most complicated organ in the body, is susceptible to any number of different injuries. Due to this complexity, every traumatic brain injury is going to be unique. The type of injury that the brain sustains is going to depend on the circumstances around which the injury occurred. The accident could affect only one area of the brain or multiple areas of the brain depending on the severity of the incident.

Types of Brain Injury

Concussion: A concussion occurs when the brain undergoes a sudden impact or momentum change. This may cause a brief loss of consciousness. If left untreated, concussions can cause lasting and life-altering damage.
Contusion: A contusion is a bruise, or bleeding, in the brain. Contusions normally are a result of a direct impact or blow to the head.
Penetration: A penetration occurs when a bullet, knife, or other sharp object impacts with the skull and sends fragments into the brain itself. These injuries often result in death. However, in some cases the victim is left with ability-impairing brain damage.

Along with these few examples of the different types of brain injury, there are also different levels of brain injury ranging from mild to severe.

If you or a loved one has been a victim of an accident or a defective product that has resulted in a brain injury, please contact the law offices of Stephens and Holman to schedule a free consultation as soon as possible. We serve residents of Vancouver and all of British Columbia.

"Inevitable Accident" Defense Scenarios

noreply@blogger.com (Erica) — Mon, 27 Jul 2009 14:08:00 +0000

The "inevitable accident" defense states that if the driver responsible for an auto accident was not negligent, then he is not responsible for paying damages in an auto accident claim. While this defense is difficult to prove, there are several scenarios where it is very effective.

If an accident occurs on icy, dangerous roads, particularly containing black ice, the unavoidable accident defense is likely to be used. However, an icy road does not necessarily make an accident unavoidable. If the driver had reasonable warning of the hazardous conditions or had driven in similar conditions frequently prior to the accident, the unavoidable accident defense will most likely not be successful.

Another prime situation for the unavoidable accident defense is an accident where the driver loses consciousness. Frequently, these accidents will be considered unavoidable and you may lose out on a settlement that you rightfully deserve. However, if your lawyer can prove that the driver had a pre-existing medical condition making him prone to losing consciousness, then this defense will not be successful.

The third scenario where the unavoidable accident defense is most commonly employed involves collisions with animals. If you are injured when a driver hits a deer, the accident may be considered unavoidable if the animal darted into the road unexpectedly and the driver lacked the necessary time to react. However, if the deer was standing in the middle of the road as the driver continued to speed happily along, this defense will most likely not hold up.

The lawyers at Stephens & Holman have a great deal of experience handling auto accident claims involving the unavoidable accident defense. We have the skills and experience required to make sure that you don't miss out on fair compensation for your injuries due to this legal technicality.

Please contact our Vancouver, British Columbia auto accident lawyers today to schedule a free, no-obligation consultation for your auto accident claim.

Beware of the "Inevitable Accident" Defense

noreply@blogger.com (Erica) — Wed, 15 Jul 2009 14:06:00 +0000

You have just been injured in a serious auto accident caused by someone else. You have bills to cover and may miss work for awhile during your recovery. You are counting on a settlement from the responsible driver's insurance company to keep you afloat during these tough times.

Since the accident was not your fault, you may reasonably expect that you will be awarded damages for your claim. However, this is not necessarily the case.

Canadian law provides defense lawyers with a way to prevent their clients from paying damages in an auto accident claim even if the accident was caused by the defendant. It is called the "inevitable accident" defense.

In order to collect damages in your auto accident claim, you must prove that the driver responsible for causing the accident was negligent in his actions. If the defense lawyer can prove that the accident was unavoidable, you will not receive any compensation for your injuries.

This defense is difficult to prove, but nevertheless it has been used successfully in many British Columbia auto accident claims. It is important to hire an lawyer who understands this law so that you don't fall victim to it. Nothing is more tragic than not receiving the fair compensation you deserve due to a legal technicality.

At Stephens & Holman, we have been aggressively fighting for the rights of accident victims in Vancouver, British Columbia for the past 25 years. Our lawyers have the skills and experience to ensure that you won't lose out on a fair settlement due to the inevitable accident defense.

If you have been injured in an auto accident, please contact our Vancouver, British Columbia auto accident lawyers today to schedule a free, no-obligation consultation.

Types of Motorcycle Accidents

noreply@blogger.com (Erica) — Thu, 18 Jun 2009 16:56:00 +0000

Due to the relatively minimal protection provided by motorcycles, injuries sustained in motorcycle accidents can be very serious and potentially result in death. The unique nature of the vehicle also offers motorcyclists a variety of ways to become involved in an accident.

The majority of motorcycle accidents are caused by another vehicle not paying attention or failing to give the motorcycle the right of way. Often a vehicle will either rear-end the motorcyclist or turn right in the path of a motorcycle. Even if the motorcyclist is able to avoid a collision, it is likely he will crash on the side of the road as a result of being forced to swerve out of the way.

While three quarters of motorcycle accidents are caused by another vehicle, there are still many instances where the motorcycle is the only vehicle involved in the accident. Defective equipment and unsafe road conditions are some of the main causes of these accidents.

The growing popularity of off-road bikes has led to an increase in the number of accidents involving these types of motorcycles. Unmarked obstacles on trails can frequently cause these serious accidents. Sometimes these obstacles are natural, such as a boulder or a large branch blocking the trail. However, there are instances where property owners will put up ropes or chains to prevent motorcycles from riding on the trail. Frequently, riders will not notice these obstructions until it is too late, resulting in severe injuries that could easily have been avoided if the property owner had been responsible and marked the obstructions with a warning sign.

Motorcycle injury claims are very complicated. Often, you may need to prove that the accident was caused by a driver when there was no collision or by the fault of a negligent property owner. Frequently, insurance companies will try and offer you an unfairly low settlement.

In order to ensure that you receive fair compensation for your injuries, it is important to be represented by an lawyer experienced in the nuances of motorcycle accident litigation. At Stephens & Holman, we have the experience needed to provide you with the best results for your motorcycle accident lawsuit.

Please contact our Vancouver, British Columbia motorcycle accident lawyers today to schedule a free, no-obligation consultation.

A Special Exemption to Motorcycle Helmet Laws

noreply@blogger.com (Erica) — Wed, 03 Jun 2009 19:25:00 +0000

For decades, Canada has demonstrated a strong motorcycle safety record, mainly due to the many safety regulations the government imposes on its motorcycle riders. Canada enacted mandatory helmet laws for all motorcycle riders as early as the 1960's. As a result, the number of serious injuries resulting from motorcycle accidents has been much less than in other countries without such stringent helmet laws.

However, in recent years, an interesting exemption to these helmet laws has been granted by the Canadian government. Many Sikhs living in Canada have voiced strong objections to the helmet laws, claiming that helmets would prevent them from wearing their turbans while riding their motorcycle. Wearing a turban is a fundamental demonstration of faith for Sikhs.

In the case Dhillon v. British Columbia, the court ruled that defending the religious rights of Sikhs to honor their tradition of wearing turbans trumps any safety precautions that inspired Canada's helmet laws. As a result, Sikhs are now allowed to leave their helmets at home in order to ride their motorcycles with a turban on their head.

Despite strict helmet laws and other safety regulations, motorcycles remain one of the most dangerous types of motor vehicles on the road. The risk of serious injury in a motorcycle accident is far greater than with other vehicles.

If you have been injured in a motorcycle accident, you need to make sure that you receive proper compensation for your injuries. At Stephens & Holman, our lawyers will aggressively fight to ensure that you receive what is rightfully yours.

Please contact our Vancouver, British Columbia motorcycle accident lawyers today to schedule a free, no-obligation consultation for your motorcycle accident claim.

The Dangers of SUV Rollover Accidents

noreply@blogger.com (Erica) — Thu, 21 May 2009 15:48:00 +0000

Unfortunately, SUV rollover accidents occur quite frequently. They often cause serious injuries, and in extreme cases death. Brain injuries are the most common type of injury sustained in a rollover accident. Approximately 10,000 people die each year in rollover accidents, and most of these occur in SUVs.

Most rollover accidents occur because the driver made an extremely sharp turn at a speed faster than the vehicle can handle the turn, forcing him to lose control. However, skidding on wet, snowy, or icy roads can also lead to an SUV rollover accident. Frequently, the vehicle will not rollover until it is off of the road.

There are many instances where SUV rollover accidents could be avoided if the vehicle manufacturers took greater care to build a safe vehicle. The high center of gravity and narrow tire track of SUVs contribute to the frequency of rollover accidents. Design defects in the roof often cause it to buckle in a rollover, and defective door latches increase the incidence of passenger ejections, a leading cause of rollover accident fatalities.

When an SUV rollover accident is caused by a design defect, the manufacturer may be liable for damages sustained due to the accident. Hiring an experienced SUV rollover accident lawyer to represent you will help ensure that you receive the compensation you deserve.

At Stephens & Holman, we have 25 years of personal injury law experience. We have the expertise necessary to help you win your Vancouver, British Columbia SUV rollover accident claim. Please contact our experienced auto accident lawyers today to schedule a free consultation.

SUV Design Defects and Rollover Accidents

noreply@blogger.com (Erica) — Wed, 06 May 2009 15:47:00 +0000

SUVs have grown in popularity in recent years, largely due to the perception that they are safer vehicles. This may be true in some respects. Most SUVs are four-wheel-drive vehicles and provide improved traction on snowy winter roads. However, the design of SUVs makes them extremely prone to rollover accidents, a fact that actually detracts from their overall safety.

There are several design defects inherent in SUVs that increase the likelihood that they will be involved in rollover accidents. The high center of gravity and narrow tire track of SUVs makes them more likely to rollover when the driver loses control and goes off the road. Defective tires have also led to an increase in SUV accidents, many of which result in a rollover.

Furthermore, there are other design flaws in SUVs which make the injuries resulting from rollover accidents more severe than they need to be. Many SUVs have a roof structure that is not strong enough to support the vehicle’s weight in the event of a rollover. As a result, the roof will tend to buckle, increasing the severity of injuries sustained. Defective door latches have also been known to cause doors to pop open during a rollover, resulting in passenger ejections. Vehicle ejections are responsible for 63% of rollover fatalities.

If you have been injured in an SUV rollover accident caused by a vehicle design defect, you may be eligible to receive compensation for your injuries. At Stephens & Holman, we have the skills and resources to provide you with first-rate representation in your SUV rollover accident claim.

Please contact our Vancouver, British Columbia auto accident lawyers today to schedule your free consultation.

Do I Have a Wrongful Death Claim?

noreply@blogger.com (Erica) — Sat, 25 Apr 2009 15:45:00 +0000

A wrongful death claim arises when a person dies as a result of the negligent actions of another. Wrongful death can also take place if a person intentionally tries to harm another, and these harmful actions result in the victim’s death. If you have a loved one who has died under either of these two circumstances, you most likely have a valid wrongful death case.

There are two important elements that must be present in order for you to win your wrongful death lawsuit. First, you must be able to prove that your loved one’s death was directly caused by the negligent actions of the accused. Second, you must prove that you have suffered monetary damages as a result of the death.

The courts will generally only recognize wrongful death lawsuits when they are filed by an immediate family member of the victim – in other words, the victim’s spouse or children. On rare occasions, the victim’s parents are able to file a wrongful death claim as well.

If you believe you have a valid wrongful death lawsuit, please contact our experienced wrongful death lawyers today to schedule a consultation. At Stephens & Holman, we have been helping Vancouver, British Columbia wrongful death victims receive compensation for their losses for the past 25 years and have the skills needed to help you win your case.

Damages in a Wrongful Death Claim

noreply@blogger.com (Erica) — Fri, 10 Apr 2009 15:37:00 +0000

Losing a loved one is always a difficult and traumatic event. However, it becomes even more traumatic when your loved one dies as a result of the negligence of another. In these circumstances, you may be eligible to file a wrongful death claim against the person responsible for the loss of your loved one.

Monetary damages in wrongful death cases are awarded to compensate the immediate family – the spouse or children – of the deceased for their losses. It is very rare for the courts to award monetary damages to someone outside of the victim’s immediate family in a wrongful death claim.

In general, you may receive damages to compensate you for lost future economic support, lost potential inheritance, medical expenses, funeral expenses and loss of companionship.

There are many factors that go into the determination of the dollar value of damages in a wrongful death lawsuit. Some of these include the victim’s age, earning capacity, and life expectancy. For example, you will most likely be able to receive a larger settlement if your loved one was 40 at the time of the accident than if he or she was 65.

Hiring an lawyer experienced in wrongful death claims will help ensure that you receive a fair to support your family in his or her absence.

The lawyers at Stephens & Holman have over a quarter century of experience in wrongful death claims and can help you get the compensation you deserve so that you can start moving on with your life. Please contact our Vancouver, British Columbia wrongful death lawyers today to schedule your free, no-obligation consultation.

Child Pedestrian Safety Near School Buses

noreply@blogger.com (Erica) — Fri, 20 Mar 2009 22:23:00 +0000

While school bus accidents occur much less frequently than other motor vehicle accidents, the injuries sustained from them are often far more severe than those stemming from other accidents. This is primarily due to the fact that the majority of children injured in school bus accidents are pedestrians.

It is unrealistic to expect children under age 10 to exercise more caution in order to avoid these accidents. It is in their nature to be spontaneous and carefree, which in part leads to many of these accidents. As adults, it is our responsibility to take extra precautions to help avoid such tragic incidents which often result in broken bones, brain injuries, spinal cord injuries, and sometimes death.

Bus drivers can do their part by reminding children to pay attention before crossing the street and by keeping the stop sign extended on the bus until all children are clear of the road. However, many children are victims of pedestrian accidents because of the negligence of other drivers in the area.

Automobile drivers can do their part by taking the following actions:

• Observing posted speed limits in school zones
• Driving defensively and paying attention when a school bus is stopped or when driving near a school
• Yielding the right of way to child pedestrians as they cross the street

If your child has been injured in a school bus accident, you will need the help of an experienced personal injury lawyer who can help you receive a fair settlement that will cover medical expenses and other potential damages.

At Stephens & Holman, our lawyers have been fighting for the rights of injured accident victims in Vancouver, British Columbia for over a quarter century. We have the skills and experience needed to provide you with the best representation possible.

Please contact our Vancouver, British Columbia school bus accident lawyers today to schedule your free consultation.

Common Causes of School Bus Accidents

noreply@blogger.com (Erica) — Thu, 05 Mar 2009 22:49:00 +0000

School buses are one of the safest modes of transportation for children. However, when a school bus accident does take place, the injuries are often very serious and can potentially be fatal.

Most school bus accidents involve children between the ages of five and seven and occur in close proximity to the bus. Due to their diminutive size and tendency to erratically dart across the street, child pedestrian accidents comprise the majority of school bus-related accidents. Many of these accidents would be easily avoidable if drivers paid more attention and followed proper school zone procedures.

The most common causes of school bus accidents include:

• Defective equipment
• Adverse road and weather conditions
• School bus driver inexperience
• Driver fatigue
• Aggressive driving in school zones
• Speeding
• Failure to yield the right of way to pedestrians around the bus
• Difficulty seeing around school buses
• Bus drivers failing to keep the stop sign out until all children are off the road
• Bus drivers failing to observe child pedestrian behavior around the bus

If your child has been injured in a school bus-related accident caused by the negligent actions of another, you may be entitled to receive compensation for your child’s injuries and medical expenses. Our experienced personal injury lawyers can help you through the entire legal process so that you receive a fair settlement. Please contact our Vancouver, British Columbia lawyers today to schedule a free consultation.

What is a Traumatic Brain Injury?

noreply@blogger.com (PaulaB) — Wed, 25 Feb 2009 17:00:00 +0000

A traumatic brain injury, also referred to as TBI, is an injury that is sustained to the head which disrupts the function of the brain. It can happen from a jolt or blow to the head or penetration of the head by a foreign object. A traumatic brain injury can range from mild to severe. According to the Brain Injury Association of America, there are about 1.4 million people who are victims of traumatic brain injuries each year. Of those people, 50,000 of the injuries are fatal. The remainder of these people may be hospitalized, treated and released.

The most common causes of traumatic brain injuries are:

• Falling accidents, which account for approximately 28% of TBI injuries
• Motor vehicle accidents, which account for 20% of brain injuries
• People being struck by or against objects, accounting for 19% of these injuries
• Assaults, which account for 11% of brain injuries

Traumatic brain injuries can range from mild to severe. Some mild brain injury symptoms include:

• Mild headaches
• Tiredness or fatigue
• Memory loss
• Inability to focus or concentrate
• Problems sleeping
• Dizziness or loss of coordination
• Seizures

Severe brain injury symptoms can include:

• Severe headaches
• Attention, memory, or concentration problems
• Loss of vision
• Seizures
• Slurred speech
• Depression or irritability

If you or someone you love has been a victim of a brain injury due to another person’s negligence, please contact our offices. We can help you assess your claim and get you the compensation you deserve for your pain and suffering.

Proof of Damages in TBI Cases

noreply@blogger.com (PaulaB) — Mon, 09 Feb 2009 17:00:00 +0000

Traumatic brain injuries can be devastating not only to the victim, but to those who are closest to them. When trying to prove damages in a brain injury case, it is important to hire an experienced brain injury attorney. They will know the laws surrounding these types of cases and be able to get you the monetary compensation you deserve. This compensation can include:

Money for medical bills related to the accident
Loss of wages, both past and future
Any costs incurred with rehabilitation or having to hire help to do specific chores or maintain your household
Pain, suffering, or disfigurement

When dealing with traumatic brain injuries, you have to prove the fault of another party. Traumatic brain injuries can happen in a number of ways and can have numerous people at fault. These are just a few possible brain injury scenarios:

Car accidents involving a negligent driver who should be held liable for their recklessness.
Construction accidents involving the negligence of equipment operators, unsafe construction practices, faulty equipment, or poor management. Cases involving construction zones can often have more than one person who is liable for damages.
Medical malpractice involving poor medical practices, sloppy surgical techniques, or negligence of medical staff. These doctors should be held responsible for the injuries that they cause their patients.

The costs of a brain injury claims are typically in the millions of dollars. When dealing with this large sum of money, it is important to have someone on your side that can fight for justice. You need an experienced attorney who understand the laws and can get you the compensation you deserve. If you or a loved one has suffered a traumatic brain injury from another party’s negligence, you need to contact our offices. We will fight for you and help you get the justice you deserve.

Bicycle Accidents and Insurance Issues

noreply@blogger.com (PaulaB) — Fri, 23 Jan 2009 17:00:00 +0000

With the increasing popularity of bicycle transportation, there are increased opportunities for tragic accidents to occur on our roadways. Bicycle accidents can be especially devastating because many result in serious injury or even death. Insurance claims involving bicycles can be more confusing than those involving regular vehicles.

Accidents involving bicycles can happen in the blink of an eye. Because bicycles can be difficult to see, drivers may not even realize they are there until it’s too late. When you are hit by a negligent driver, several insurance policies can immediately come into play:

First, let’s hope that the negligent driver is carrying an insurance policy and that he has enough coverage for your claim. Unfortunately, many times the driver’s policy has a cap on it as to what the insurance company will pay. This often leaves very little to cover the extensive medical bills that may be incurred due to the accident.
If the negligent driver doesn’t have proper coverage, your automobile insurance coverage can be used. The part of you policy that would be used is your uninsured/underinsured motorist coverage.

Insurance claims involving bicycles can be extremely tricky and confusing. If your or a loved one has been injured or killed in a bicycle accident it is important to work closely with an attorney who knows the laws surrounding these types of cases. Please contact our office for a free consultation and allow us to help you sort through all the details. These types of accidents can be extremely stressful and it’s good to know that you have someone on your side. We are here to fight for your rights.

Determining Fault in Boating Accidents

noreply@blogger.com (PaulaB) — Fri, 09 Jan 2009 17:00:00 +0000

Many people don’t consider the legal ramifications of boating accidents. Because these accidents take place on water, they are often overlooked as vehicle accidents. Recreational boating is a very popular pastime in Canada, as well as the US. If you are going to participate in boating activities, it is important to understand the laws governing the waterways and know what to do if you are ever in an accident.

Make sure you take the proper precautions when boating. Most of the same rules that apply to on-land roadways apply to the water as well. These include:

Having the proper license and proof of competency documents.
Maintaining a safe speed at all times. There are speed restrictions on the water.
Understanding and obeying the rules for minors operating a boat. In Canada, children under 12 cannot operate a boat with more than 10hp and children ages 12 to 16 cannot operate a boat with more than 40hp.
Always wear a life jacket and ensure that all of your passengers wear life jackets as well. Nearly all drowning accidents involve people who are not wearing the proper floatation devices.
Don’t drink and drive. This is often overlooked, but operating a boat under the influence of alcohol is still against the law. Statistics show that nearly half of all boating fatalities involved alcohol.
Keep fire extinguishers in multiple areas on the boat. Make sure everyone on board knows where the extinguishers are and how to use them.

If you are in a boating accident, the fault of the accident will need to be determined. Accidents can be the fault of another driver who was being careless or reckless, but it is also important to remember that faulty boating equipment can also cause accidents. When an accident occurs due to faulty equipment, the manufacturer can be held liable.

If you have been in a boating accident due to the carelessness of another party, then you have legal rights. You can count on our experienced lawyers to sort through the details and determine fault in the accident. We will be able to show negligence and get you the compensation you deserve. Trust us to help you get your life back on track.

What To Do If You’re in a Bicycle Accident

noreply@blogger.com (PaulaB) — Wed, 31 Dec 2008 17:00:00 +0000

Because more and more people are starting to use bicycles as their main form of transportation, there are more opportunities for accidents involving cars and bikes. Taking the proper precautions when riding a bike is imperative to staying safe. This includes understanding the rules of the road and wearing the proper safety equipment. Unfortunately, even when all of the proper precautions are taken, accidents still occur.

If you choose to ride your bike on or near busy roadways, it is important to know what to do if you are ever in an accident:

Don’t panic and try to stay calm and focused. This is easier said than done, but it can make a huge difference in your ability to deal with the situation.
Call the police and medical personnel. It is important to file a police report even if there are only minor injuries.
Check for injury. It is best to stay still until medical personnel can check you for injury, but if you are bleeding profusely you may need to move in order to control the bleeding.
Make sure you are safe. While it is recommended that you stay still until medical help arrives, if you are in harm’s way, it is important to move to a safe location until help arrives to avoid further injury.
Identify the people involved in the accident. Make sure you get everyone’s license, registration, address, and contact information before anyone leaves the scene.
Look for witnesses to the accident. Get as much information as possible from witnesses. This information may be important should you file for legal action.

If you or someone close to you has been involved in a bicycle accident due to someone else’s negligence, please contact our office for a free consultation. Our experienced accident attorneys will help you sort through all the details and file a claim for legal action. We are on your side and we will help you recover any damage you may be entitled to.

Common Injuries in Bicycle Accidents

noreply@blogger.com (Patti) — Sat, 20 Dec 2008 21:21:00 +0000

Bicycling is becoming a more common form of transportation these days. They are the number one way to save money on gas and the exercise is beneficial to the health of the rider. Unfortunately, these bicyclists must still ride on or near our busy roadways and accidents continue to occur.

Accidents involving bicycles typically result from a car hitting the bicyclist. This can be due to an inexperienced driver or the driver’s lack of attention to their surroundings. The most common injuries sustained from bicycle accidents are:

Brain injuries including skull fractures, concussions and contusions
Broken bones and fractures
Spinal and neck injuries

Accidents involving a bicycle and a motor vehicle can be devastating. Even wearing a helmet will not prevent most serious injuries. The human body is no match for pavement and fast moving motor vehicles. If you have been injured in a bicycle accident from the negligence of another driver, then you may be entitled to receive monetary compensation for the following:

Medical bills incurred from the accident
Loss of wages due to the accident
Loss of earning capacity or potential due to the accident
Pain and suffering
Disfigurement and emotional distress

If you or someone you love has been in a bicycle accident, please don’t hesitate to contact our experienced accident lawyers to receive a complimentary consultation and advice about your claim. We can help you navigate through the confusing accident laws and get you the money you deserve.

Common Injuries in Motorcycle Accidents

noreply@blogger.com (Patti) — Wed, 10 Dec 2008 21:16:00 +0000

Due to the high gas prices, there are more motorcycles on the road than ever before. While this is a very ethical way to save money on gas, these drivers are much more vulnerable to injury from other careless drivers on the road. Even when the motorcycle driver is wearing all of the appropriate protective gear, they are still at a higher risk of sustaining serious injury or death in an accident with another vehicle.

Thankfully in Canada, there are motorcycle helmet laws that require drivers to wear a helmet, which can cut down on the severity of head injuries. In the US, there are still states which don’t have mandatory helmet laws. The most common injuries (often resulting in death) from motorcycle accidents are:

Traumatic brain injury or other head injuries
Broken bones and road rash
Dislocation of the back and neck

If you or a member of your family has been involved in a motorcycle accident, it is important to receive legal counsel as soon as possible. Even if the accident is minor and no serious injuries are sustained, it is still wise to consult with an experienced accident attorney who can help you understand symptoms that could arise later. Our experienced attorneys know the laws surrounding these types of accident and can help you receive any monetary compensation that you may be eligible for.