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Spinal Cord Injuries
- A spinal cord injury can lead to partial, or complete paralysis of the arms or legs, as well as loss of sensation in certain areas of the body, muscle spasms, pain, loss of bowel and bladder control.
Traumatic Brain Injuries
- Traumatic brain injuries (TBIs), is sudden physical damage to the brain. A hit to the head, either from a car accident or a fall can cause a brain injury. Closed head injuries can occur without penetration of the skull or external trauma when the brain undergoes severe forward or backward shaking or twisting forces, such as those experienced in a car accident.
Broken Bone / Orthopaedic Injuries
- Orthopaedic injuries include fractures, damage to tendons, ligaments, cartilage and muscles that support the bones.Damages to the surrounding tissue including arties and nerves.
When a fracture extends into a joint, like a hip, knee or ankle, complications can include arthritis, chronic pain, fatigue, and reflex sympathetic dystrophy (RSD), also called complex regional pain syndrome (CRPS).
Wrongful Death
- Wrongful death refers to the death of a person as a result of the negligent act of another person. Wrongful death often occurs through the careless or reckless driving of another motorist.
- When a person has died as a result of the negligent act of another person, while using an automobile, the surviving spouse, children, parents, grandparents, brothers and sisters of the deceased person are able to make a claim for damages.
- The categories of damages in a wrongful death case are as follows:
- Loss of guidance care and companionship that the deceased person would have provided to the surviving family members;
- Loss of financial support the deceased would have provided
- Loss of service the deceased would have provided to family members, such as household and homemaking chores
- Expenses associated with the funeral and burial of the deceased, as well as other out-of-pocket expenses; and
- Loss of income suffered by grieving family members.
Motor Vehicle Collisions
- In a lawsuit against a negligent motor vehicle driver, there are monetary “damages” that are recoverable as a result of the accident. These include compensation for:
- General pain and suffering, loss of enjoyment of life and loss of amenities;
- Loss of Income
- Future Care Expenses
- Other Out of Pocket Expenses
- Family members can also advance a derivative claim for non-pecuniary damages including loss of care, guidance and companionship, and pecuniary damages including out of pocket expenses and other financial losses.
Nursing Home Negligence
- When a resident in a nursing home has suffered harm, there is recourse either through contacting the police, in the matter of an assault, or by way of civil litigation. If the harm is a direct result of a regulated health care professional, there may be a negligence case against the professional, or a disciplinary action by way of a report to the professional’s College.
- In the case of a civil action, the nursing home or care facility is sued, and compensation for injuries is sought.
- Resident care abuse and neglect must result in injuries and can include:
- Malnutrition or dehydration
- Failure to develop a fall prevention plan
- Failure to prevent bedsores (ulcers)
- Failure to prevent wandering and elopement
- Improper supervision and failure to monitor residents
- Improper use of restraints
- Medication and prescription errors
- Failure to refer residents for medical treatment
- Physical assault
- Sexual assault
Long Term Disability Insurance
- Long-term disability insurance is a form of income replacement. It protects a percentage of your income if you have become disabled.
- It is often the case that disability insurance companies deny or terminate benefits without valid reason. But under the insurance policy, the insurance company has entered into a contract with the claimant, and they are obliged under contract to provide what they are legally compelled to provide.
- In a lawsuit against the insurance company, the damages sought include:
- Payment of all arrears of payments with interest ;
- Reinstate terminated payments ; and
- Payment of a negotiated, lump sum cash-out of all past and future payments.
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Disclaimer
The information on this Web site is for informational purposes only and should not be construed as legal advice or as legal opinion. Visitors to this Web site should seek legal advice and should not rely on information without seeking such advice. We attempt to keep the information on this Web site accurate and up-to-date. We cannot guarantee that the content is accurate, complete or current.
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