Toronto Deep Tissue Injury Lawyer
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Deep tissue injuries (DTI), a term coined by the National Pressure Ulcer Advisory Panel (NPUAP), are a type of pressure ulcer that’s apt to deteriorate and is characterized by bruises on bony prominences. The NPUAP explains that deep tissue injuries are “A pressure-related injury to subcutaneous tissues under intact skin. Initially, these lesions have the appearance of a deep bruise. These lesions may herald the subsequent development of a Stage III-IV pressure ulcer even with optimal treatment.” To determine options for compensation, contact a Toronto deep tissue injury lawyer.
Characteristics Of Deep Tissue Injuries
Deep tissue injuries may first appear to be a common bruise or as a pressure sore that develops after a slip and fall accident. They also may form when a patient has spent a length of time on bed rest or in one particular physical position.DTIs were, at one time, referred to in the medical community as malignant lesions, due to the fact that they are progressive and potentially fatal.
Some of the key characteristics of DTIs include:
- A maroon or purple discolouration of the skin or a blood blister
- The affected skin may feel different from the surrounding skin, i.e., firmer, painful, or warmer or cooler
- The wound progresses, and a thin blister forms over it
- Wound may evolve further and become covered by a thin eschar (a dry, dark scab or sloughing off of dead skin)
- Additional layers of tissue may become exposed rapidly, despite optimal treatment
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Causes Of DTIS
An article in Wound Care Canada by certified wound specialist Cynthia A. Fleck, MBA, BSN, RN, explains that there are four understood causes of DTIs:
- Direct pressure to the skin with resulting ischemia;
- A muscle injury that causes loss of nutrients to the muscles.
- Damage to fascia, the membrane that covers organs, bones, muscles, blood vessels and nerves; and
- Injury to perforated vessels.
Diagnosing Dtis
Diagnosis is quite complicated with DTIs. The Wound Care Canada article describes three ways currently available that may assist in diagnosing DTI:
- Laser Doppler blood flow studies
- Ultrasound (which shows damaged tissues beneath the skin’s surface)
- Biopsy (although this form of diagnosis has a low risk-to-benefit ratio)
Misdiagnosis is not uncommon because DTIs may be mistaken for other conditions like bruising, calciphylaxis, hematoma, gangrene and abscesses. Physicians should check patients thoroughly and keep a close eye on any developing large bruises or blisters. Daily skin assessments are recommended.
Condition Caused By Negligence
If your condition was caused by negligence, you might be able to receive compensation for your damages. For instance, if you suffered an injury as a result of a slip and fall on another party’s premises, your damages might be compensable. If your home care attendants, physicians or hospital staff failed to provide you with an appropriate level of care or if you were misdiagnosed, your resulting injuries can be included in a negligence claim. To determine whether or not you are eligible to pursue compensation for your DTI and how to go about filing a claim, contact a deep tissue injury lawyer in Toronto.
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personal injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.
Got more questions?
If you have more questions or need legal help regarding personal injury claims, contact our legal team for help.
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