However, insurance companies do not necessarily have your best interests at heart; they are businesses. And as such, it can be wise to think carefully and consider the following details before accepting an insurance settlement after a serious car accident.

You may not know all the damage yet

Filing a report with your insurance company right away is crucial. However, you may not know all the damage until much later.

Many types of injuries are not immediately evident after an accident. These include:

• Internal damage
• Chronic pain
• Brain injuries
• Back and neck pain
• Concussion symptoms
• Post-traumatic stress disorder

These injuries can be disruptive and painful, but they can take days or even weeks to become apparent. Thus, rushing to accept a settlement can mean it will not cover all your injuries.

It may not be enough

Settlement offers do not always reflect the full extent of damage a person experiences in a crash. They may not cover damages like emotional distress or the entirety of a person’s lost income if their injuries prevent them from working.

And depending on the amount of coverage you have, your expenses could exceed what the insurance companies must pay out.

The insurance company could be wrong

Insurance companies could wrongfully deny coverage or pay less than you may deserve. They might claim you could have avoided the accident or that you have not paid your premiums.

However, insurance companies can be wrong; when they are, injured parties can pay the price.

For all these reasons, it can be wise to think carefully before accepting an insurance settlement. If you are not sure about whether it is fair or not, you can consult a lawyer.

Car accidents can do incredible immediate and long-term damage. Should this happen, you should be able to collect the financial remedies you deserve to help you recover.

The post Should I accept an insurance settlement after a crash? appeared first on Walter Law Group.

But too often, people focus on treating and recovering from physical injuries and fail to recognize the extent of emotional damages and distress victims experience.

What is emotional distress?

Emotional distress or mental anguish refers to the psychological and mental conditions that often coincide with a traumatic event.

The conditions vary widely based on the individual and type of accident, but some of the most common types of mental and emotional injuries include:

• Anxiety
• Depression
• Post-traumatic stress disorder
• Changes in personality
• Grief
• Panic attacks
• Mood disorders

Too often, people overlook or minimize these symptoms because they cannot see them. Thus, victims may not seek medical treatment or support. Further, loved ones may not understand the extent to which the victim is suffering.

The considerable impact of these injuries

The unfortunate fact is that these emotional and mental health injuries are common, and they can turn a person’s life upside down. They could:

• Strain personal relationships
• Make it impossible for a person to work
• Prevent a person from living independently
• Create or exacerbate financial challenges
• Make physical injuries worse

People could also have trouble sleeping and concentrating; some struggle with drug or alcohol abuse as a means of coping, all of which can make it impossible for someone to live their life as they did before an accident.

Recognizing that these emotional damages can be serious is a crucial first step in getting the care and attention necessary to recover.

Understanding treatment options

There are myriad options when it comes to mental health treatment. Possible remedies can include:

• Counselling
• Medication
• Practicing self-care
• Making changes to diet or lifestyle

Whether these measures are self-directed or involve a team of medical professionals, they can ensure victims and their loved ones take a holistic approach to recovery after severe accident.

There is no benefit to downplaying or ignoring the emotional toll that a traumatic event has on victims and families. Addressing the emotional damages can improve the recovery process and ensure parties receive the comprehensive support they deserve.

The post Don’t underestimate emotional distress after a severe accident appeared first on Walter Law Group.

Statistics from Transport Canada’s National Collision Database reveal the various factors that can put one person at a higher risk of severe injury or fatality than someone else.

Factors that increase the risk of serious, fatal injuries in a crash

• Your age – More people over the age of 65 died in crashes in 2018 than drivers in every other age group. However, people between the age of 25-34 suffered the most injuries. These numbers suggest that older populations can experience worse injuries, while young adults are more likely to get in a crash but recover.
• Where you are driving – Statistics show that there were more collisions resulting in personal injury in urban or metropolitan settings, but a higher number of fatalities in rural settings. This is likely because parties are driving slower in congested, urban areas and travelling over 60 km/h on rural roads and highways. Further, the province in which you are driving could affect your risk of fatality or injury. Yukon Territory has the highest rate of fatal crashes based on population, while Manitoba and Nova Scotia have the highest rates of injury-causing accidents.
• Your road user class – Drivers suffer more fatalities and injuries than any other road user, followed by passengers, pedestrians and motorcyclists.
• Your driving habits – Your own driving habits can increase your risk of getting hurt or killed in a crash. If you drive while drunk or drugged, if you drive while distracted, or if you drive while you are exhausted, you make it more likely that you will get into an accident. Further, if you do not wear a seat belt in the car, you increase your exposure to worse injuries.

Before you head out on the road, consider these factors that put people at a higher risk of severe injuries or fatalities in a motor vehicle accident. With this information, you can make decisions behind the wheel that protect you, your passengers and others sharing the road with you.

The post 4 factors that increase the risk of injury or fatality in a crash appeared first on Walter Law Group.

For example, brain injuries are not uncommon in a crash, and they can be particularly catastrophic. However, too many people think that a brain injury has to be severe to be devastating. That is not true: Even a mild traumatic brain injury (MTBI) has the potential to change a person’s life forever.

Symptoms of a traumatic brain injury

When brain injuries are severe, the symptoms are typically acute and obvious. A severe brain injury resulting in physical damage to a brain can result in:

• Loss of consciousness
• Seizures
• Coma
• Slurred speech
• Fluid draining from ears or nose

Seemingly minor traumatic brain injuries (MTBI), like concussions, can also have devastating consequences for accident victims. However, the symptoms may be more subtle. It can also take some time for victims to recognize something as a possible sign of a brain injury. Therefore, you should be mindful of the following signs of an MTBI:

• Headaches
• Changes in mood, behaviour or personality
• Trouble sleeping
• Vomiting or nausea
• Difficulty concentrating
• Poor balance

These symptoms could mean that a person’s injury resulted in damage to brain cells or structures.

Impact of MTBIs

These and other symptoms of MTBIs can affect a person’s life in many ways.

MTBI sufferers who experience anxiety, depression or other mental conditions after an accident can require ongoing therapy, medication and possibly professional observation.

Personality changes after a brain injury could strain personal relationships and disrupt familial ties and marriages. Personality changes could affect a person’s lifestyle and well-being if these changes make a person more irritable or less averse to risk-taking.

Symptoms like loss of balance, headaches and difficulty concentrating could make it all but impossible for a person to go back to their job or perform well in school.

Considering the toll MTBIs can take on a person, it is critical to take symptoms of concussions and other brain injuries very seriously. Even if symptoms seem minor, victims should discuss them with their doctor.

The post Symptoms of a brain injury you should not ignore after a crash appeared first on Walter Law Group.

An injured person would start a personal injury lawsuit against the owner or tenant (occupiers) of the premises where they were injured. Occupiers are responsible for the maintenance and upkeep of their property. They must remove or repair hazards on their property. These include:

• Ice and snow
• Wet surfaces
• Uneven surfaces, such as bumps, cracks, potholes or gaps
• Uneven, narrow or otherwise unsafe stairs
• Unsteady or missing handrails
• Poor lighting
• Debris or other obstacles

The occupiers’ standard of care

Occupiers must meet a reasonable standard of care to protect those who enter their property. This is defined as anyone in control of the property, including the property owner, a tenant, or even a house sitter.

Occupiers can meet the required standard of care by:

• Blocking access to possible hazards
• Performing necessary maintenance
• Performing regular inspections of their property and keeping records of the results
• Posting signs to warn anyone entering the property of potential dangers
• Removing dangers by cleaning up spills, snow or salting icy walkways

If an owner does not live on the property, they can still be found liable if the tenant or occupier fails to meet their duty of care.

The damages an injured person may sue for

An occupier could be found liable if a person slips or falls on their property and the occupier had not lived up to their duty of care to keep the property reasonably safe and obstacle-free. The injured person may sue for:

• Pain and suffering
• Medical expenses
• Loss of income
• Other expenses incurred as a result of the slip-and-fall

If a person slips and falls because the occupier did not remove ice from a walkway on their property, they may sue for any or all of the above damages, depending on their particular circumstances.

Establishing liability in slip-and-fall lawsuits

The court would consider several factors when determining whether an occupier is liable for the injuries suffered by the injured person. These factors include:

• Was the accident reasonably foreseeable?
• Did the occupier act according to acceptable standards of practice? An occupier would be expected to clear snow and ice within 12 hours after a snowfall ends
• Did the occupier conduct regular inspections of their property?
• How difficult would it have been to prevent the hazard from occurring?
• Was a hazard allowed to exist for an unreasonable length of time?

A court will also consider whether the injured party’s own conduct contributed to the slip-and-fall injury. For example, if you ran on an icy walkway on the occupier’s property, you did not take reasonable care in the circumstances to protect yourself from being injured. This is known as contributory negligence.

If you were partially responsible for slipping and falling, you may still be entitled to damages, but they may be reduced.

Actions to take in the event of a slip-and-fall accident

If you slip and fall and think that the occupier of the place where you fell could be liable, you should try to document the conditions that led to the accident as soon as possible, including taking photographs or videos of the area. An occupier can clear ice or remove hazards very quickly after an accident has occurred.

You should also consult an experienced personal injury lawyer. They know how to investigate the accident and determine if the occupier could be found liable for your injury and build a case and to advocate strongly on your behalf in litigation.

The post Slip-and-fall accidents: liability issues appeared first on Walter Law Group.

Although you might be entitled to benefits that could ease the financial burden substantially, it is crucial to have thorough medical examinations immediately after the accident along with frequent follow-ups because some the most severe symptoms of brain injuries may not be immediately evident.

What is it like to live with TBI?

While many of those with whom you interact might not notice the physical and mental effects you suffer, your family members and others who are close to you will be very aware because it may also influence their lives. Any of the following changes can occur and become part of living with TBI:

Sleep patterns: The quality of sleep you get can play a role in your quality of life. Every victim is unique, and you might find that you sleep significantly more or less than before your injury, or you might have problems with falling asleep. These changes could adversely influence other symptoms you suffer.

Headaches: These are some of the most frequently reported after-effects of brain injuries, and they tend to become chronic, often with debilitating pain.

Emotional changes: The area of the brain that suffered damage can determine the emotional impact of the injury. You might feel depressed or anxious, and these feelings may come and go. Rapid mood swings can also occur, and you might become disinterested or impartial to pre-injury interests.

Communication skills: Following conversations might be demanding, even more so among groups of people, and you might struggle to express your thoughts in words.

Thinking and concentration: Your ability to concentrate may be impaired, and so could your short-term memory. Furthermore, it might be a struggle to learn and retain new information.

PTSD: The trauma of the accident and the severity of your injury might lead to post-traumatic stress disorder, which could bring about anxiety over your safety and your inability to control your life. Individuals with PTSD often avoid other people, and some even seek refuge in alcohol or drugs to suppress these fears and feelings. Fortunately, help is available to intervene.

Child development: If the victim was your child and not you, even mild brain injuries can hamper the development of his or her brain. Your child might have a continuous struggle to keep up with his or her peers.

Help is available

Even if you suffer only some of these consequences, the impact on your life as you knew it could be severe. Fortunately, under Ontario laws, you have legal rights to recover damages if another party’s negligence caused your injury. Furthermore, other avenues may be available to pursue compensation for losses and even long-term disability benefits. An experienced lawyer can carefully analyze your unique circumstances and guide you through pursuing your most viable options.

The post Understanding the impact of TBI on a victim’s life appeared first on Walter Law Group.