Hamilton Personal Injury Lawyer

The negligence of other people can turn a normal, routine activity into a traumatic, injury-causing occurrence. In Hamilton, accidents resulting in personal injury can happen to even the most attentive, safety-conscious community members.

Your Personal Injury Lawyer Serving Hamilton

Because of another person’s failure to consider the potential consequences of their actions or an organization’s failure to behave in a responsible manner, the lives of everyday Hamiltonians can be severely impacted. Injured accident survivors often suffer physically, psychologically, and financially. As a result of their injury-related financial losses, accident survivors could feel the after effects of their traumatic experience for years to come.

Injured accident survivors deserve justice. No one should be forced to pay the price of someone else’s negligence. If you were injured as a result of someone else’s failure to fulfill the duty of care they owed you, you might be entitled to pursue legal action. By working with our Hamilton injury lawyers, you may be able to recover compensation for your damages.

Understanding Personal Injury

When motor vehicle operators, property owners and/or occupiers, certain licensed professionals, and other parties or entities fail to uphold the duty of care they are legally required to fulfill, serious accidents with life-changing consequences can occur. Depending on the circumstances of the traumatic incident, accidents caused by another party’s negligence can even lead to wrongful death claims.

Those who are fortunate enough to survive a traumatic event often sustain serious injuries. These injuries can range in severity from moderate to catastrophic, potentially impacting the accident victim’s physical, psychological, and economic well-being in perpetuity.

What Constitutes a Personal Injury?

In the context of personal injury claims, compensable injuries refer to the harm resulting from another party’s negligence that leads the injured party to incur financial loss. Personal injuries can be sustained in a number of different circumstances and encompass a wide range of damages.

Even mild or moderate injuries sustained as the result of someone else’s negligence can be disruptive to an accident survivor’s regular routine. They often require hospitalization, time off work, rehabilitative therapies, prescription medications, and other expensive costs related to the injured patient’s care.

Accident survivors may find it difficult to participate in activities they usually enjoy for long stretches of time. They may even lose the abilities to perform the duties of their job as a result of their injuries’ symptoms.

Common Causes of Personal Injuries

Many different types of traumatic, violent, and preventable circumstances can lead to a catastrophic injury. In Hamilton, they are frequently sustained in accidents that are caused by another party’s negligence, including:

Car accidents

Pedestrian accidents

E-bike and e-scooter accidents

Motorcycle accidents

Bicycle accidents

Truck accidents

Slip and fall accidents

Snowmobile accidents

ATV accidents

Sexual assault

Sexual abuse

Types of Personal Injuries

Depending on a number of factors, accidents in Hamilton can result in a wide range of personal injuries. Personal injuries sustained during traumatic accidents can be both physical and mental, with symptoms that are both subjective and objective.

Physical Injuries: From Fractures to Paralysis

Many of the personal injury cases handled by our law firm involve accident survivors who have sustained physical injuries as a result of someone else’s wrongful conduct. Often severe, permanent, and catastrophic in nature, these injuries can rob an accident survivor of their mobility, their ability to carry out daily activities independently, and the overall quality of life to which they had become accustomed.

When various forces or mechanisms – like blunt force trauma and speed – are acted upon the human body, the potential damage to tissues, organs, and bones can be enormous. If the force of impact causes an accident victim’s brain to collide with the interior of their skull, they could sustain traumatic brain injuries. If the circumstances of an accident cause damage to any part of a person’s spinal cord or the nerves at the end of the spinal canal, their spinal injuries could lead to permanent impairments to regular bodily functions.

However, regardless of the severity, any personal injury sustained in an accident can have long-lasting and wide-ranging impacts on an accident survivor’s life and livelihood. Our personal injury lawyers in Hamilton have helped clients suffering from a number of different physical maladies, including the following:

• Concussions
• Traumatic brain injuries
• Whiplash
• Broken or fractured bones
• Musculoskeletal injuries
• Strains and sprains
• Cuts and lacerations
• Facial and dental injuries
• Spinal cord injuries
• Neck and back injuries
• Internal organ damage
• Traumatic amputations
• Paralysis

Psychological and Emotional Disorders

After sustaining even moderate physical injuries, many accident survivors develop a variety of issues related to their mental health. These resulting conditions can be so severe that their effect on an injured accident victim’s life could be even more impactful than that of their physical injuries.

The mental health issues developed by injured accident survivors could take a toll on a victim’s personal relationships, feelings of self-worth, and ability to perform the duties of their job. Disabling mental health concerns that are frequently developed by injured accident victims include the following:

Alcohol and/or substance abuse disorder

Post-traumatic stress disorder (PTSD)

Depression

Insomnia and/or other sleep disorders

Anxiety

The Legal Process: From Injury to Compensation

Accident victims who have been injured because of someone else’s wrongful conduct frequently feel the impacts of their injuries in all areas of their lives. The adverse effects of sustaining injuries can be physical, psychological, emotional, and financial. People frequently experience overwhelming feelings of anxiety regarding their individual futures and their families’ financial security.

However, if you have been injured in an accident caused by someone else, you might be eligible to work with a Hamilton personal injury lawyer to pursue the compensation you deserve. To learn more about legal actions that might be open to you, discuss your case with our personal injury lawyers serving Hamilton today. Contact us to take advantage of a free initial consultation.

Reporting and Documentation

Personal injury claims are won and lost based on the amount of evidence available. If you have been injured in an accident, it is important to report the incident to the proper authorities as soon as possible and retain all pertinent documentation of your resulting medical appointments, test results, insurance statements, and expenses.

A personal injury lawyer should use the available evidence to prove that:

• Their client was owed a duty of care
• The at-fault party failed to fulfill that duty of care by engaging in negligent conduct
• As a result of that negligence, their client was injured
• Because of the injuries they sustained, their client incurred financial losses

Gathering Evidence

Various types of evidence may help a Hamilton personal injury lawyer prove that the negligence of another party ultimately led to their client’s injury-related financial losses. Examples of evidence that might be useful include police reports, incident reports, video surveillance footage, photos from the accident scene, and witness testimonies. However, other documentation and records may prove useful, as well.

Medical records documenting the injured accident survivor’s path to recovery as well as the testimony of medical experts could help a personal injury lawyer illustrate the full extent of their client’s injuries. Financial records, bills, invoices, and documentation tracking hours of missed work could help paint a full picture of the injury-related economic losses incurred by the accident survivor.

Collecting evidence at the accident scene, reporting the accident to the appropriate authorities, and keeping a thorough, organized record of all injury-related documents could help injured accident survivors prepare to file and pursue a personal injury claim. Armed with evidence proving the negligence of the at-fault party and substantiating the extent of their financial losses, injured accident survivors may be able to work with a personal injury lawyer in Hamilton to begin the pursuit of justice and fair compensation.

Filing a Personal Injury Claim

Sustaining injuries can do more than just disrupt an accident victim’s daily routine. Depending on the conditions of the accident and the severity of the injuries sustained by its victim, the impacts of injury-causing accidents can be far-reaching and even permanent.

The financial repercussions of sustaining injuries in a serious accident can be, similarly, overwhelming. No one plans to be involved in an unexpected car crash, slip and fall, pedestrian accident, or other injury-causing event. Few people are in a position to comfortably weather the financial storm that follows a serious medical diagnosis. Injured victims may find themselves making difficult decisions, struggling to make ends meet, and worrying about their families’ future stability.

This is especially true for injured accident survivors whose physical injuries or subsequent mental health disorders make it impossible for them to continue carrying out the tasks associated with their current occupations. If a Hamilton resident can no longer go on working because of the injuries caused by someone else’s wrongful conduct, they could find themselves in extremely financially precarious circumstances.

Furthermore, accident victims who have sustained catastrophic injuries will likely be forced to live with the consequences of someone else’s actions for the rest of their lives. Accident victims who have lost senses, limbs, mobility, cognitive abilities, or physical independence because of someone else’s negligence may find themselves struggling with extremely difficult challenges every day for the rest of their lives.
At Preszler Injury Lawyers, we believe that, if you were injured because of another party or entity’s wrongful actions, the at-fault party should be required to provide you with fair compensation. Our personal injury lawyers serving Hamilton may be able to work with you to help you recover damages you have incurred because of your injuries, as well as damages you might incur in the future. These damages often include:

Psychological counseling

Prescriptions

Lost wages due to missed work

Pain and suffering

Physiotherapy

Other medical expenses

Ambulance services

Mobility aids, assistive medical equipment

Mileage expenses to and from medical appointments

Housekeeping services

Home modifications to accommodate newly acquired disabilities

Reduced future earning capability

Meeting Deadlines and Legal Requirements

In accordance with the Ontario Limitations Act, most personal injury claims are subject to a two-year statute of limitations. That means, if you were injured as the result of another party’s negligence, you have two years from the date of your accident in which to pursue a civil claim against them. However, depending on the circumstances of your accident, your case may be subject to additional time limitations.

Recently, a new bill received royal assent in Ontario’s Legislature which further limits the time in which the injured victims of specific accidents can pursue personal injury claims. Bill 118, also referred to as the Occupiers’ Liability Amendment Act, mandates an even shorter limitation period for accident victims who were injured as a result of snow or ice.

In accordance with this new amendment to the law, anyone injured by snow or ice must provide the negligent parties with a written notice of claim within 60 days of their accident in order to pursue legal action against them during the two-year limitation period. This does not mean the injured party has only 60 days to bring action against the occupier. As long as the person who was injured by ice or snow gives the negligent party proper written notice within the mandated 60 days following their accident, they can pursue action at a later date, within the regular two-year limitation period.

That said, failing to meet this tight deadline could have serious repercussions. Missing important deadlines could disallow injured accident survivors to pursue a personal injury claim altogether. That is why it is so important to seek personal injury law services after being injured in an accident. By taking advantage of a free initial consultation with a Hamilton personal injury lawyer in the days immediately following an accident, injured community members could ensure they have the opportunity to pursue the justice they deserve.

Case Studies: Real Stories from Hamilton

Sadly, it is not uncommon for our community to suffer tragic losses as the result of negligent drivers, property owners, and other parties who have failed to consider the safety of others before engaging in wrongful conduct. Many victims of fatal accidents are vulnerable road-users or members of vulnerable populations, including the elderly.

Car Accidents and Their Aftermaths

Recently, fatal car accidents in Hamilton have seen a marked year-over-year increase of 19%. According to new statistics, half of the city’s car crash deaths were pedestrians and cyclists.

Vulnerable road users like pedestrians and cyclists are at the greatest risk of fatal or catastrophic injuries. Totally unprotected from the dangers of the road, individuals who have been struck by even slow-moving motor vehicles could lose their lives or sustain severe, life-altering personal injuries.

Unlike personal injury claims involving two or more motor vehicles, in cases where pedestrians or cyclists are injured by a car, truck, motorcycle, or bus, there is a reverse onus of proof on the driver. Instead of requiring the injured plaintiff to prove the defendant’s negligence in order to recover compensation, the burden falls on the at-fault driver to prove that the accident victim’s injuries were not caused by their negligence.

Negligent drivers who have struck and injured pedestrians or cyclists often try proving that the injured party was somehow contributorily negligent and, therefore, partially responsible for the accident. If they can prove this claim, the compensation provided to injured pedestrians or cyclists could be substantially reduced.

Our car accident lawyers have experience helping injured pedestrians and cyclists get the maximum amount of compensation to which they should be entitled. By standing up for the rights of accident victims and holding negligent drivers accountable for their actions, our Hamilton car accident lawyers strive to bring offenders to justice.

Slip and Fall Incidents: A Common Occurrence

According to the Hamilton Health Care System, slip and fall accidents are a leading cause of death for older adults. This demographic is also the most likely to sustain serious injuries as the result of a fall on someone else’s property.

The owners and/or occupiers of residential and commercial properties are responsible for keeping their guests safe on their premises. They have a legal obligation to maintain their space, address any unsafe maintenance issues in a timely fashion, and provide visitors with warnings about hazards on-site that could lead to an injury-causing accident.

For example, grocery store managers should have safety protocols in place to ensure that a sign cautioning shoppers about a wet floor is displayed immediately after the aisle has been mopped. If the store’s employees do not display the warning sign according to the business’s safety guidelines, an unsuspecting customer could slip and fall, sustaining personal injuries in the process.

Unfortunately, slip and fall accidents are far too common in our city. By holding negligent parties accountable for their negligence, our experienced lawyers have helped many injured members of the local community recover compensation for their medical bills, pain and suffering, and other resulting damages.

Seeking Advice from Hamilton Personal Injury Lawyers

Our Hamilton personal injury lawyers know all-too well how quickly medical expenses and other financial losses can begin piling up after sustaining serious injuries. Often, the injuries sustained by accident survivors make it impossible for them to continue carrying out tasks associated with their jobs. Forced to miss work, these injured accident survivors frequently lose substantial wages at a time when their cost of living skyrockets, and all because of someone else’s failure to consider the possible outcomes of their wrongful actions.

In order to best serve our neighbours in the Hamilton area, we strive to make our legal services financially accessible. Our personal injury lawyers serving Hamilton offer everyone a free initial consultation, during which prospective clients can review the manner in which their injuries were sustained and receive cost-free legal guidance about options for financial compensation that might be available to them based on the unique circumstances of their case.

Furthermore, our Hamilton personal injury lawyers operate on a contingency-fee basis. That means, if you are eligible to pursue a civil claim, you will not be asked to pay us anything until we win your case. There are no out-of-pocket fees, or surprise hidden costs. Rather, our personal injury lawyers serving Hamilton invest in the clients we represent, and do our best to fight for the maximum amount of compensation available.

To get started and learn if you might be entitled to pursue civil action against the negligent party whose wrongful actions led to your injury-causing accident, contact us to schedule your free initial consultation.