Why choose a firm that only concentrates on Personal Injury Law?

 

If you or a loved one has suffered a catastrophic injury, choosing a personal injury lawyer is one of the most important decisions that you will ever make.

Unfortunately, personal injury law in Ontario is very complex. In particular, the law relating to injuries suffered in motor vehicle accidents has gone through major changes more than half a dozen times since 1990. Further major changes will come into force on June 1, 2016. Finding the right lawyer can be overwhelming and confusing. How then does someone find the right lawyer?

First, we recommend that you look for a lawyer and a firm that only practices personal injury law. Gone are the days when a general practitioner could provide help to someone with a serious personal injury law claim. Next, look for peer review rankings. These include the lawyer being a Certified Specialist in Civil Litigation by the Law Society of Upper Canada as well as being recommended for Personal Injury Law in publications like Lexpert and Best Lawyers.

Peer review rankings are arguably the only objective standard readily available to persons wishing to assess a lawyer’s competence to handle a complex personal injury case. While such rankings are not perfect and no lawyer would suggest that he or she is superior to another lawyer based solely on such rankings, these rankings are objective and can be very helpful in choosing a lawyer.

Lastly, look for a track record of success. Ask to speak to former clients with similar injuries who were pleased with the result or ask the lawyer for details of their successes at trial.

Given how important the choice of lawyer can be in a serious injury claim, it is crucial that the injured person and their family take their time and give thorough consideration to the matters raised in this posting before making up their mind about which lawyer to choose.

By: Ryan Murray

Liability Waivers

One of the things I am most frequently asked about is liability waivers. Specifically, what happens if you sign a liability waiver and then are seriously injured during an activity?

For those who are unfamiliar, when a person participates in almost any event, such as mountain biking, a running race or downhill skiing, they are asked to read and accept a number of conditions. These conditions typically include a clause whereby you assume all risks associated with an activity and agree not to sue the operator of a resort or organizer of an event in case you are injured.

While there are many complexities and nuances surrounding the law of waiver, they are typically enforceable. Courts in Ontario and across the country have agreed that where an adult has signed a document they are bound by its terms. This includes situations where a party claims not to have read the document in question – the host is entitled to rely on a signed waiver as evidence that the risk has been assumed.

There are, however, exceptions to the general rule. These include the following:

The risk is not outlined – contracts must be read narrowly. If the waiver signed by a participant does not cover a risk specifically, the injured party may have a claim. For example, if you signed a waiver regarding skiing but were injury in a slip and fall in the chalet, the waiver may not be effective.

There is misrepresentation – if the host of an event misrepresents the purpose and effect of a waiver, it will not be enforceable.

The person does not have capacity – a waiver is not enforceable if a person is not an adult or does not have the mental capacity to sign a contract. In the case where someone is obviously impaired by alcohol or drugs, a waiver may also not be enforceable.


When I am asked this question, the advice I give is always the same – while the situation is likely bleak, consult a lawyer. They have the expertise to review the nature of your accident and the waiver to determine if you have an avenue to recover for your injuries despite signing a waiver.

By: Kevin Henderson