Slip-and-Fall Lawyer: Hamilton, Ontario
Falls are one of the most common accidents across Canada, not just in the city of Hamilton. Unfortunately, slip-and-fall incidents can happen anywhere, and the consequences can range from minor injuries to more severe issues like fractures, 2nd and 3rd degree soft tissue injuries or even head injuries. However, not all slip-and-fall accidents are your fault. Property owners, whether private homeowners or public entities, have a legal responsibility to maintain their property and surrounding areas to ensure they are safe for people to use. When this responsibility is neglected, and a slip-and-fall incident occurs as a result, the property owner may be held liable for any injuries sustained.
If you’ve experienced a slip-and-fall accident in Hamilton due to the negligence of another,please reach out to DWA Law as soon as possible. Our experienced, expert slip-and-fall lawyers take these cases seriously and will investigate your slip-and-fall accident injuries without delay.
Who is Liable for a Slip-and-Fall?
Determining liability for a slip-and-fall accident is a complex process that is handled on a case-by-case basis. Each slip-and-fall case comes with unique circumstances, such as the location of the accident and the condition of the environment when the slip-and-fall incident occurred. For instance, a fall on icy walkways might result from improper maintenance by a property owner, while an injury victim in a construction zone may find liability rests with the contractor responsible for the site. An experienced slip-and-fall lawyer will investigate all the details surrounding your case to identify who is at fault and build a strong case for your slip-and-fall claim.
Other People’s Injuries
In many cases, homeowners have insurance policies to cover accidents that occur on their property, such as slip-and-fall accident injuries. These insurance policies usually include compensation clauses for medical expenses and liability in personal injury claims. However, despite this coverage, many homeowners are reluctant to submit a claim following a slip-and-fall incident.
Why is this? All too often, homeowners fear that filing a claim for a slip-and-fall accident will lead to their insurance company raising their rates or even canceling their policy once a payout has been made. This hesitation can complicate things for the injury victim. That’s why it’s vital to your health, recovery, and legal rights that you hire an experienced slip-and-fall injury lawyer to represent you and ensure you receive the compensation you’re entitled to.
Whether you’re dealing with fractures, complex soft tissue injuries, head injuries, or even minor injuries, having a lawyer on your side can make a significant difference in the outcome of your slip-and-fall claim. If you encounter any difficulties with the insurance company, a personal injury lawyer can assist you in reaching the fairest and most favorable outcome for your case.
In Public
If it happens to be on city property, the city would be liable, depending on the location of the accident. Many falls occur on public property and often for reasons related to:
- Badly maintained or icy walkways
- Areas under construction that lack proper signage
- Areas that were not adequately cleaned
- Old or damaged park equipment
- Poor lighting
When an injury occurs on public property, liability may extend beyond the city. In some cases, a lawsuit may be brought against a company or contractor who was responsible for maintaining the area at the time of the accident. If the city hired an outside contractor to handle maintenance or repairs, that party may share liability for the accident.
Navigating slip-and-fall claims involving public property can be complex, as these cases often involve multiple parties and legal requirements. An experienced slip-and-fall accident lawyer can help you understand your options and pursue the compensation you need. Whether your slip-and-fall injuries are minor or severe, having the right legal support is essential to securing the best possible outcome for your case.
Get in touch with one of our personal injury lawyers, and we will set up a free consultation to help you determine your next move.
Passionate – Dedicated – Professional
Property Owner Responsibility and the Occupiers’ Liability Act
Under the Occupiers’ Liability Act in Ontario, it is the responsibility of Hamilton property owners to ensure that their property is safe. It applies to:
Shoddy Work
- Landlords
- Store owners
- Hotel owners/property managers
- Restaurant owners
- Private homeowners
A slip-and-fall accident can result from shoddy work, such as loose handrails, uneven staircases, and malfunctioning elevators. Buildings need to be built to code, so occupants and visitors can feel safe and move about with relative ease.
If the property is not safe or built to conform to an acceptable standard of safety, then the owner of that property can be sued according to the Occupiers’ Liability Act.
Hiring Maintenance Companies
Sidewalks and stairs are common areas in which injuries occur. When property owners hire a company for cleaning or maintenance, safety must be a priority. In other words, there must be proper signage displayed to indicate work in progress or recently completed work.
Moreover, cleaning companies need to remove any and all hazards and machinery used once they have completed their work. Seasonal maintenance is a necessity. This includes winter sanding or salting in icy areas, as well as snow shoveling to clear walkways and grant access. When a property owner hires a company to handle seasonal work, they need to ensure that the company’s crew shows up on time, so the property is safe for occupants to use.
Compensation for slip-and-falls of this nature are often on the shoulders of the property owner, however, it is imperative that an investigation occur in order to confirm who is at fault. That’s part of what we do. When you’ve had an accident, get in touch with a DWA slip-and-fall lawyer, so we can discuss your case. We are here and ready to help.
Can I Sue for a Slip-and-Fall Accident?
Workers’ compensation benefits may cover the cost of damages incurred if you have a workplace injury. One advantage to filing a claim with the Workplace Safety and Insurance Board (WSIB) is that you don’t need to prove your case. However, if you submit a claim to the WSIB, you cannot sue your employer. It’s one or the other.
Note: An exception to the above is that if your workplace injuries were caused by reckless or intentional behaviour on your employer’s part, then you may be able to sue them despite having submitted a claim to the WSIB. A slip-and-fall lawyer can assist you in such a case.
What can you do if you’re a consultant and experience a workplace slip-and-fall? Some employers will use the excuse that a consultant isn’t an employee, so they don’t legally have a leg to stand on. In this case, the court must decide whether or not the consultant has the right to sue. Having a lawyer in your corner will greatly improve your chances of getting the compensation you deserve.
Before you take any legal action for your workplace injuries, speak with us to ensure that submitting a WSIB claim or suing your employer is the best solution for you.
Passionate – Dedicated – Professional
Handling Your Case: Questions on Compensation
At our free consultation, your lawyer will discuss the details of your case with you, as well as the legal process, fees and expectations should you decide to choose our Hamilton law firm to represent you.
Making sure you receive the compensation you are entitled to is a vital part of making a full recovery after your slip and fall. What you are owed can be categorized according to the severity of your injury and what losses it has incurred. These may include:
- Expenses
- Ability to work
- Physical inabilities
- Pain and suffering
- Wrongful death
Personal injury law is complex. When determining your compensation, we will review your injury, to see if it falls under the category of a serious catastrophic injury. The reason for this is because medical benefits for serious injuries will be at least $1 million. These types of injuries may include:
- Traumatic brain injuries
- Back and spinal cord injuries
- Amputations
- Broken bones
- Torn ligaments
During our first meeting, we will be happy to answer any questions you have and clarify legal procedures, so you know what to expect should we move forward. Speak with one of our team now!
Passionate – Dedicated – Professional
Avoid Limiting Your Compensation
Insurance companies also try to limit how much compensation you can receive. For instance, they may offer you a large one-time settlement after a slip-and-fall accident, when in fact you are entitled to a larger, ongoing amount.
Many of our clients will opt for the one-time settlement since it is appealing to take the money and move beyond the accident. However, people who do that aren’t thinking clearly about what may occur in the long-run, such as their slip-and-fall injury symptoms worsening. If they eventually need ongoing medical care, a one-time settlement will quickly dwindle down to nothing.
Hamilton families and individuals should not have to suffer from their injuries, break the bank to pay for medical expenses, or take time off from work without financial compensation. Our Hamilton personal injury staff are here to protect you and your interests against insurance companies and ensure that you get the financial compensation that you deserve. Call us today!
Investigations
To get you the compensation you deserve, we have to investigate.
We will collect the necessary information to build your case, which will include any notes, evidence, witness contact information or pictures you may have collected at the time of your injury. All of it can be a great help to your cause.
Your slip-and-fall lawyer will also gather any surveillance footage that is available and review whether or not it recorded your accident. They will search for other witnesses, such as store workers, and interview them. This is the value of hiring a personal injury lawyer. We not only know the value of investigatory legwork, our experience shows we know where to look to find it.
Your lawyer will also speak with your healthcare professionals and review your medical documentation to determine the severity of your injury. Your slip-and-fall lawyer will take into consideration your healthcare professionals’ opinion of how your injury will heal, as well as what complications may develop.
DWA Law leaves no stone unturned, giving you peace of mind while you recover from your slip-and-fall.
Passionate – Dedicated – Professional
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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Should I Get A Lawyer For A Slip-And-Fall?
We encourage you and your loved one to get legal counsel for slip-and-fall accidents because it will significantly reduce the stress and confusion you may be facing.
DWA personal injury lawyers will go through your Hamilton slip-and-fall case with a fine-toothed comb to ensure your injury claim is accepted and the right party provides the compensation that will assist with your recovery.
Whether you’re working with your lawyer, their personal injury assistant or any member of the staff here at DWA Law, your wellbeing is important to us. We are a compassionate team of professionals who will see that you get the resources you need, from medication to therapy sessions to appointments at a rehabilitation center to ensure a maximum recovery.
Don’t hesitate to contact our Hamilton personal injury lawyers for a free consultation!
