Medical Malpractice Lawyer
Medical malpractice is an intricate branch of the law that requires extensive knowledge and expertise. As such, victims often believe that they cannot win their case. If you feel as though your healthcare practitioner has not provided you with a duty of care that is standard, you must bring the issue to our personal injury lawyers in Hamilton. You and your loved ones do not deserve to suffer from a damaging or fatal mistake.
Examples of medical malpractice include:
DWA Lawyers for Medical Malpractice Cases?
Whether your case is against a surgeon, midwife, or chiropractor, healthcare professionals, though experienced and trusted, are still human and can make mistakes. When that happens, we’re here to represent you and take action against errors, negligence, and malpractice. As we investigate your case, a DWA medical malpractice lawyer will strive to prove that your healthcare professional’s actions resulted in:
Note: If the category of pain and suffering applies to your case, there is a retribution limit of $350,000. However, extreme medical malpractice cases and cases that fall under other categories may qualify for higher amounts of financial retribution.
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Common Mistakes Made After Car Accidents
Because being in a car accident is a rarity, very few people in Hamilton and throughout the province know the steps to take when they are in one. It’s also an emotional event, so often individuals are not always able to think clearly.
Speaking Up
First things first, the priority after an accident should be to ensure that no one is seriously injured and in need of immediate assistance or if first responders need to be contacted. While it may be second nature and empathetic to ask if everyone is alright immediately after an accident, this line of questions can lead to problems down the road. Car accident lawyers are familiar with this type of situation.
Witnesses, the other driver, and your passengers may have to recount the events and testify to your claim of being fine at the time of the accident. The insurance company will be less willing to provide you with your benefits if they are able to make a case that you reported feeling fine immediately following the accident. By casting doubt on the link between any pain symptoms that develop later on and the accident, your payout could be jeopardized.
In the same spirit, you may feel responsible for the accident and immediately apologize, but like telling others that you feel fine, an apology can also be a costly move over the long term. If the other party decides to file a tort claim, your words at the scene will be scrutinized and may be used against you, resulting in your having to pay for damages despite the other party’s liability for the accident.
Not Collecting Evidence
If you’re able to move and get out of the vehicle, gather information from the other parties involved, such as their identification and insurance. Make sure to have them show you their licence and other pieces of identification to ensure its accuracy.
If you own a cellphone with a camera and it wasn’t damaged in the accident, use it to take pictures of the scene. After all, a picture is worth a thousand words.
Ask any bystanders if they witnessed the accident and record their contact information. You or your lawyer can go over what they saw at a later date.
By collecting the aforementioned information at the time of the accident, it will make your case much stronger and clearer for your personal injury lawyers to build and defend.
Not Getting Medical Attention
Injuries can develop days and weeks after an accident, so it’s vital to see a doctor even if you feel fine.
Injuries, like whiplash and traumatic brain injuries, can be invisible or much worse than you think at first glance. Going to a doctor for an examination after a car accident will benefit your case. It will help your lawyers to categorize your injury as minor or serious, which will ultimately determine how much you deserve to receive as compensation.
Keep in mind: the choice of not going to a doctor can be used by an insurance company later on to argue that you didn’t experience a serious injury, and limit your payout.
A medical professional is also in the best position to tell you how much time off from work you need to recuperate properly and monitor symptoms. A consultation will save you from accidentally taking too little time off from work, only to discover later on that you should have scheduled a longer period of recovery. A medical professional will also be able to prescribe the appropriate medication for your injuries.
Seeing a medical professional will confirm your injuries and create records with which you can provide to your Hamilton lawyers for car accidents. It will make your car accident claim for accident benefits go more smoothly.
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Duty of Care
When you seek medical attention from a practitioner or establishment, they have a duty of care towards you. In other words, they are legally bound to potentially not cause you harm, either through acts or omissions.
Medical negligence is divided into different categories:
- Breaches of Duty: An individual acted recklessly or neglectfully towards another person when providing standard care.
- Causation: This is the act of an individual causing harm when they should have known the outcome.
- Damages: These are the results of an individual’s negligent actions.
No matter what type of malpractice situation you have experienced, a personal injury lawyer in Hamilton can tell you if your case is worth pursuing. When you come in for a consultation, we will explain the process in detail.
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Insurance Company Policies
In Ontario, liability is determined using methods that can affect the amount of compensation you receive. Additionally, the type of claim filed will determine which method is used for assessing fault. Car insurance policies have:
Note: Every Ontario driver is entitled to statutory accident benefits that are found on their car insurance policy, which include medical, income replacement, and attendant care.
We’ll Get You Answers
Accidents are traumatic experiences that happen in a flash. They can leave people questioning everything. People often wonder why the wrongful death of a family member occurred or what happened to cause the car accident.
Questions like these can be a burden that’s just as difficult to bear as the resultant injuries. Maybe the other driver experienced a medical issue. Maybe you were distracted while having an intense conversation. Or maybe someone’s car malfunctioned.
Working with DWA car accident lawyers ensures that you will get answers, accident benefits, and closure. We analyze the car accident from multiple angles to piece together a complete picture.
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DWA Handles All Kinds of Accidents
Regardless of who was at fault, our staff ensures you are protected and receive the accident benefits you deserve.
Each DWA personal injury lawyer is ready to take your case, represent you in court, and assist you in finding the right support service. It’s important that you know your rights. Call us for a free consultation, and we’ll get started on your case.
Our law firm handles these types of car accident cases:
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Hamilton Personal Injury Lawyers by Your Side
The team at DWA Law has assisted many Hamilton families and individuals inside and outside of the courtroom, getting them the support they need, from answering their questions to providing resources for rehabilitation. Our personal injury law firm will defend your rights every step of the way.
DWA’s medical malpractice lawyers in Hamilton will be by your side to bring you justice and compensation for what you and your loved ones have endured. Get in touch with us today at (905) 777-0300 or toll-free at 1-855-205-6273.
