Personal Injury Lawyer Kanata - Allan Snelling LLP

What should I do if I am injured and someone else is responsible?

As a litigation Lawyer, I am often retained weeks, months or even years after a client has suffered an injury as a result of another’s negligence. Ideally, if you are injured as a result of someone else’s negligence, you should contact a Lawyer promptly to review the circumstances of the incident. I routinely meet people for a no obligation consultation to discuss matters such as liability, limitation periods and evidence that must be preserved.

At the scene of the accident, you should take several steps immediately, whether it is a motor-vehicle accident or a slip and fall, a dog bite or injury caused by a defective product:

1. Identify who is responsible (i.e. exchange of information). If possible, take photographs of obvious material damage (in the case of a motor vehicle collision, take photos of the other party’s car as well as your own);

2. Record via photographs or notes how the incident occurred (e.g. slip fall on uneven pavement); and

3. Identify and obtain contact information of any witnesses to the incident – this is crucial, as witnesses can be lost forever if not identified at the scene.

As a Lawyer representing injured people, I have found that taking these easy steps can be the difference between having a long drawn out fight about legal liability and moving to a meaningful discussion about compensation reasonably quickly.

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I was a cyclist involved in a car accident. What are my rights?

In short, the same as those of a driver or passenger. Liability may be handled differently, but the cyclist maintains a right to claim against the at-fault driver and seek benefits from the applicable insurer. Your car insurance is meant to provide accident benefits if you're involved in a car accident. It does not matter whether you were actually driving a car. As long as you have car insurance, your accident benefits should kick in. If you don't have car insurance, the at-fault driver's insurance will provide accident benefits. Either way, you should be covered by a policy. If neither of you has insurance, there's still the motor vehicle accident fund which acts as a safety net in cases where insurance is not available.

Typically, there's an assumption that the cyclist was not at fault. This does not mean you can pedal around with no regard to surrounding traffic. You still have to be diligent and you still owe yourself an obligation to proceed with reason. Any contribution found on your behalf will reduce the value of your claim. You can be deemed contributorily negligent if you don't wear the proper protective gear, or if you don't abide by the rules of the road.

Seasonal changes in traffic will often give rise to increases in car accidents involving cyclist. A good portion of the driving population does not properly adapt to these changes. This causes drivers to make assumptions they shouldn't make: disregarding their blind spot, failing to keep track of cyclist in the bike lane, opening their doors without thinking of oncoming cyclist. Unfortunately, the injuries are often devastating. Even with protective gear, the force of direct impact may leave the cyclist with serious, life-changing and permanent injuries.

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Three weeks ago I was at a retail store and tripped over winter matting near the entrance.  I fell and broke my wrist.  Today an Insurance adjuster called me.  He said I was responsible to look where I was walking but he offered me $5000.00 to help me out as I have been off work.  I am on sick leave and have not lost any income.  Is there any reason not to just take the money?

Plenty of Reason.  Leaving aside what happened, and what you might be entitled to recover as a result of your injuries, it is always a good idea to consult with a Lawyer before taking a settlement proposed by an insurance company.   Insurance adjusters work for Insurance companies and they do not approach a settlement based on what you are entitled to.  They offer money based on the risk of what you might receive by way of an award.  Generally, they will try and settle a claim or potential claim for as little as they reasonable can in order to close off a risk.

‍A Lawyer will work for you. Many Lawyers offer a free consultation.  I find I ask a lot of questions and do a lot of listening during a consultation.  I try to give my client an understanding of the legal issues arising in their circumstances, and what the options are going forward.

‍Assert your rights. Over the years I have come to understand that people almost always benefit from at least consulting with a Lawyer before trying to settle with an insurance company.    There is a significant imbalance between a lone individual and a huge insurance company.  A Lawyer has the knowledge to help level the playing field.  In my experience insurers will see a greater risk when dealing with an injured person who is represented by a Lawyer.  Greater risk to insurers leads to better settlements.