We have handled countless truck accident cases in Ottawa and are familiar with the complexities of dealing with large trucking companies. We always work hard to build a strong case on our client's behalf, so they can get the justice and compensation they deserve.
Our team understands that every situation is different, which is why we take the time to carefully analyze each case before recommending a course of action. With an abundance of experience handling these types of cases, we know how to tackle even the most challenging injury claims involving trucks.
We will make sure you receive full compensation for all your out-of-pocket expenses related to medical bills, lost wages, vehicle damage repairs, and more.
If you’ve been injured in a truck accident, our experienced Ottawa lawyers are here to help. Contact us today to learn more about the legal options available to you. We look forward to helping you fight for justice and maximum compensation after your truck accident!
We understand how stressful it can be dealing with legal matters, so our team is here to provide the support and guidance you need during this difficult time. You don't have to go through this alone - let us help you get closure and the compensation you deserve after your Ottawa truck accident.
We Hit Deadlines!
At Allan Snelling LLP., we understand the importance of working quickly and efficiently when it comes to gathering evidence and submitting claims. That's why we have a team of experienced professionals that are ready to help you with all aspects of your claim - they will ensure that you never miss an important deadline or requirement under the law.
We also understand the importance of getting maximum compensation for your injuries, which is why our team is dedicated to helping you get exactly what you deserve. We believe in providing high-quality legal services so that you can focus on recovering from your injuries instead of worrying about paperwork or deadlines.
With us on your side, you'll never have to worry about missing important steps in your compensation claim again. Contact our team today and let us help you get the justice you deserve.
We Will Guide and Support You Every Step of The Way
At our firm, we know that personal injury can be incredibly traumatic and create an immense amount of stress. That's why it's important to have experienced legal guidance during this difficult time. We will help you understand your rights and legal options so that you can make decisions that are in your best interests.
We also understand how financially draining the costs associated with medical bills and lost wages due to an injury can be. Our lawyers will work diligently to ensure that all responsible parties are held accountable for your injuries so that you don't suffer any further economic loss because of them.
Furthermore, we work with only the top medical professionals to provide comprehensive care for our client's injuries. This includes helping to document the injury, as well as providing dedicated rehabilitation that will help you get back on your feet.
At our firm, we make sure that our clients receive the best representation and care for their injury cases. Contact us today to learn about how we can help you with your claim. We are here to provide you with the legal guidance and support you need to move forward from this difficult experience.
Common Ottawa Truck Accident Causes
One of the most common causes of trucking accidents in Ottawa Canada is driver fatigue. Research has shown that when a driver is fatigued, they are more likely to make mistakes on the road that could lead to an accident.
This can include driving too fast or not paying proper attention to their surroundings. Additionally, truck drivers often drive long hours and may have difficulty staying awake during those hours, leading to potentially dangerous situations on the roads.
Another major cause of trucking accidents in Ottawa is weather-related conditions. Snow, ice, rain, and fog can all be hazardous for any driver, but especially for large trucks which take longer to slow down and brake properly. Poor visibility due to these conditions can also create an increased risk of trucking accidents.
Other causes of trucking accidents in Ottawa include distracted driving, improperly loaded cargo, and mechanical failure. Distracted driving can be anything from texting while driving to eating or drinking behind the wheel.
Improperly loaded cargo includes items that are incorrectly secured or overweight, leading to an increased risk of a rollover accident. Lastly, mechanical failure may occur due to poorly maintained vehicles or faulty parts which can lead to brake failure or other issues on the road.
All drivers in Ottawa need to exercise caution when it comes to sharing the roads with large trucks, as these vehicles can cause significant damage if an accident does take place. By understanding what some of the most common causes of trucking accidents are, Ottawa drivers can be better prepared to navigate the roads safely.
Common Ottawa Trucking Accident Injuries
Ottawa trucking accidents can cause a range of different injuries, ranging from minor bumps and bruises to more serious long-term problems. Here are the most common injuries associated with Ottawa trucking accidents:
Whiplash is an injury that often occurs in motor vehicle collisions due to the sudden movement of the head. Symptoms of whiplash include neck pain, headaches, dizziness, fatigue, and difficulty concentrating. It can sometimes take weeks or months for these symptoms to go away completely.
Fractures occur when a bone is broken or cracked by too much force or stress is applied to it. In severe cases of fractures in Ottawa trucking accidents, surgery may be needed for a full recovery.
Soft tissue injuries such as strains, sprains, and contusions occur when the muscles, ligaments, or tendons become overstretched or torn. Strains and sprains can cause pain, swelling, and difficulty moving the affected area. Contusions are bruises that can be caused by blunt force trauma to soft tissues like skin or muscle tissue.
Head injuries can range from mild concussions to severe brain trauma. Symptoms of a head injury may include dizziness, confusion, memory loss, balance difficulties, headaches, fatigue, nausea, vision problems, and other cognitive issues. In more serious cases surgery may be needed for a full recovery.
Spinal cord injuries are one of the most dangerous types of trucking accident injuries. Damage to the spinal cord can cause permanent paralysis, loss of sensation, and even death.
These are just a few of the most common injuries associated with Ottawa trucking accidents. It is important to seek medical attention immediately after an accident if you think you may have been injured in any way. By doing so, you can prevent further damage and get on the road to recovery as soon as possible.
Who Can Be Held Liable for My Truck Accident Injury?
The parties that could be held liable for an Ottawa Truck Accident injury depend on the circumstances of the accident. If a truck driver was at fault, they could be held responsible. If their employer is found to have neglected training or safety protocols, they may also be held accountable. The manufacturer of the truck or parts and equipment used in the vehicle may also be liable for any defects that contributed to the accident.
In some cases, other drivers on the road can contribute to an Ottawa Truck Accident injury. These individuals can be considered negligent if it is determined that their actions had a direct role in causing the crash. For instance, if another motorist failed to yield right-of-way, drove under the influence, or did not obey the speed limit they could be considered responsible.
Finally, in some cases, government entities may be held responsible for Ottawa Truck Accident injuries. This could include local governments that failed to properly maintain roads and highway systems or created hazardous driving conditions.
Additionally, trucking companies may be liable if it is determined that the proper safety regulations were not followed when carrying goods through the city.
In any of these situations, legal representation is necessary to determine who can ultimately be held liable for an Ottawa Truck Accident injury. It is important to contact an experienced trucking accident lawyer as soon as possible. They can help you better understand your legal rights and navigate the complex litigation process to bring people responsible for your injury to justice.
Ottawa Truck Accident FAQs:
What is my Ottawa truck accident injury case worth?
The value of an Ottawa trucking accident injury case depends on a variety of factors, including the severity of the injury, the other party’s negligence, and the amount of medical treatment needed.
In general, any damages incurred due to a trucking accident are eligible for compensation. These costs can include property damage, medical bills, lost wages, pain and suffering, and even punitive damages in certain cases.
When assessing how much an Ottawa trucking accident injury case is worth, it is important to consider all possible sources of compensation. This could include both economic and noneconomic losses that were directly caused by the accident or injury.
Economic losses refer to tangible costs such as medical bills or lost wages due to being unable to work. In contrast, noneconomic losses refer to intangible costs such as pain and suffering or emotional distress. The amount of compensation for each type of loss is determined by the court based on the details of the case.
In addition to damages caused directly by an Ottawa trucking accident, victims may also be eligible for punitive damages if it can be shown that the other party acted negligently or with malicious intent. Punitive damages are intended to discourage similar behavior in the future, and they are usually much higher than compensatory damage awards.
Ultimately, determining how much an Ottawa trucking accident injury case is worth requires a comprehensive assessment of all available evidence and potential sources of compensation. Each case is unique and must be evaluated separately to accurately assess the value of the claim. With the help of an experienced truck accident lawyer, victims can be confident that their rights will be fully protected.
By understanding how much an Ottawa trucking accident injury case is worth and all the factors that affect its total value, victims can make informed decisions about what compensation they may be eligible for if they choose to file a lawsuit. Working with knowledgeable legal professionals can ensure that you receive fair and just compensation for any losses or damage caused by a trucking accident.
Overall, it is important to note that every trucking accident injury case is different and must be evaluated individually to determine how much it may be worth. The best way to protect your rights after a trucking accident is to consult with an experienced lawyer who can help you seek the compensation you are entitled to under the law.
How long will my Ottawa truck accident case take?
The timeline of an Ottawa trucking accident injury case varies greatly and is influenced by several factors. The initial stages of the process, such as filing a claim, obtaining medical records, and gathering evidence can take 1-2 months to complete.
After that, negotiations with insurance companies regarding the settlement can be lengthy and time-consuming depending on how complex the case is and how much cooperation is received from all parties involved. If a settlement cannot be reached between both sides, then it may be necessary to go through litigation which can add additional delays.
Legal proceedings also require each side to provide sufficient evidence to support their respective claims so additional documents or witness testimony may need to be collected during this phase. This contributes significantly to the length of an Ottawa truck accident injury case. Once the trial is completed, it can take several weeks for a judge to render their decision which will then be binding on both parties.
In some cases, appeals may be necessary if one of the parties disagrees with the verdict and wishes to challenge it in court. This process adds additional delays and can significantly prolong how long an Ottawa trucking accident injury case takes from start to finish.
With all these factors taken into consideration, it’s safe to say that such cases typically take anywhere from 6 months to 1 year or longer before they are resolved. It’s always best to consult a qualified lawyer who specializes in these types of cases so that you understand the timeline fully and prepare accordingly.
By considering all the above factors and being thorough in your approach to an Ottawa truck accident injury case, you can ensure that you receive the best possible outcome and resolution for your situation.
How much will my Ottawa truck accident injury case cost?
The cost of a trucking accident injury case will depend on several different factors. Some of the most important ones include the severity of the injuries sustained, how long it takes to resolve the case, and how much money is awarded in damages or settlements.
In terms of the severity of your injuries, if you sustained serious injuries because of a trucking accident in Ottawa then you may be able to receive substantial compensation for your losses.
This includes medical expenses (both current and future), lost wages from being unable to work, and pain and suffering caused by the accident. The amount of money you can expect to receive will also depend on whether any property was damaged during the collision.
Another factor that can affect the cost of an Ottawa trucking accident injury case is how long it takes to resolve. If you can negotiate a settlement with the other party quickly, then your legal costs may be lower. But if your case must go through a lengthy litigation process, then your total expenses will likely be higher.
Finally, the amount of money that can be awarded in damages or settlements will also determine the overall cost of your injury case. The at-fault party’s insurance company will often try to offer you an amount that is substantially lower than what you deserve for your losses and injuries. In such cases, you may need to hire an experienced lawyer who can help you fight for a fairer outcome.
At the end of the day, the cost of a trucking accident injury case will depend on several different factors. However, you can rest assured knowing that no matter what your financial situation is, you have legal options available to you for pursuing justice.
By understanding these factors and working with a qualified lawyer, you can receive full compensation for your losses and injuries. This may help cover medical costs, lost wages, and pain and suffering caused by the accident.
Ultimately, it is important to weigh all your options when deciding how much to pursue in damages from a trucking accident in Ottawa. With some knowledge and strong legal counsel on your side, you can get fairly compensated for all of your losses.
How is pain and suffering calculated in Ottawa truck accident cases?
To calculate the amount of compensation for pain and suffering due to a truck accident in Ottawa, one must consider both tangible and intangible losses. The first step is to determine an individual’s physical injuries, which may include broken bones, head trauma, or other debilitating issues.
Once these have been determined, it will be necessary to provide medical records of treatment received as well as documentation from any specialists consulted.
The second step is to assess the psychological impact of the accident on the individual. This includes evaluating factors such as post-traumatic stress disorder (PTSD), depression, anxiety, fear of driving, insomnia, or nightmares. Here again, medical records are needed that demonstrate changes in behavior before and after the accident occurred.
Finally, economic losses must be taken into consideration. The number of lost wages due to the inability to work should be calculated as well as any out-of-pocket expenses incurred during recovery, such as physical therapy or visits to specialists.
In Ottawa truck accident injury cases, it is important to remember that no two cases are the same, and pain and suffering need to be assessed on an individual basis. A qualified personal injury lawyer can help ensure that all elements of damage are considered for a fair and just award amount.
It may also be beneficial to speak with an independent third-party appraiser who specializes in assessing damages for personal injuries related to traffic accidents. By considering both tangible and intangible losses, it will be possible to obtain a fair and reasonable award for pain and suffering.
What does "no fee unless you win" actually mean and how do most personal injury Lawyers get paid?
Answer: Taken literally and with knowledge of what goes into every account "no win, no fee" is a legitimate statement. That means: Yes, the Lawyer will not get a fee if you don't receive compensation. However, in addition to fees, there are also costs and disbursements.
Costs represent the defendant's legal costs that are due if you get an adverse judgment. These fall on your shoulders and not your Lawyers. Costs insurance can be available in some cases and should be explored in your initial meetings (the earlier you get it, the cheaper it is).
Disbursements are the funds paid upfront by your Lawyer to carry your file. They include things like photocopying, mail/postage, travel costs, filing costs and medical-legal assessments. A Lawyer can run up disbursements in the thousands and if successful, the defendant will pay the value of your claim plus these disbursements. However, if you're unsuccessful, these disbursements are typically due and owed by you. Meaning, if you don't "win" you owe the Lawyer what was spent to carry your file. Unpaid disbursements may also be covered through your costs’ insurance.
Most personal injury Lawyers work off contingency, meaning that they are compensated based on the result. They take a percentage of your settlement. That percentage is typically 30-35% depending on the Lawyer.
The fee isn't as simple as just taking a percentage of the overall settlement. It must be broken down in accordance with what a Lawyer is legally able to take. For instance, they cannot take more than the client receives. They cannot take "costs" which amount to about 15% of the value of your claim and are used to counterbalance your contingency fee.
Here's how it might play out:
Let's say the value of your claim is $100,000. In addition to the value of your claim, the defendant will have to cover disbursements (what was paid to run your file) and costs. A typical settlement could be broken down as follows:
- value of claim: $100,000
- disbursements: $15,000 (including HST)
- costs: $12,319.37
- DEFENDANT'S PAYMENT: $127,319.37
The Lawyer's fee is taken out of the value of the claim and not the defendant's entire payment. So if the contingency is set at 30%, the Lawyer's fee in the above example would be $30,000 + H.S.T.. The Lawyer will take the disbursements as well to cover the funds he or she spent on the file. You're left with the remainder. Here's how it works using the above example:
- defendant's payment: $127,319.37
- disbursements: (-) $15,000 (including HST)
- legal fee: (-) $30,000
- HST on legal fee: (-) $3,900
- IN YOUR POCKET: $78,416.37
The exact calculation used could change depending on the facts of each case. As a note, claims are typically subject to pre and post-judgment interest at a variable rate. This will be added to the defendant’s payment.
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Somatic Symptom Disorder - What is it and how can we prove it?
The Supreme Court of Canada (SCC) recently crystallised the importance of considering how psychiatric injuries accompany physical ones. In Saadati v. Moorhead, Saadati was in a car accident and suffered psychological and emotional trauma. He was awarded damages for mental injury based on the evidence of a lay witness who explained that Saadati’s personality changed post-accident. Expert evidence was not necessary, and the award did not need an attached “recognizable psychiatric illness.” The court found that requiring mental injury to pass the threshold of medical-expert testimony showing a “recognizable psychiatric illness,” while not requiring the same “classificatory label” of physical injury, would amount to unequal protection for those with a mental injury.
This SCC decision confirmed that the law of negligence accords identical treatment to mental and physical injury. This is a decision that is often looked at, as of late, with an overwhelming increase in the diagnosis of somatic symptom disorder (SSD). In dealing with my fair share of personal injury cases, I’ve started to notice this increase. The criteria for the illness remain broad, and like so many other cognitive/psychological conditions, it tends to be met with quite a bit of push back from defendants.
The DSM-5 characterises the condition as follows:
“SSD is characterised by somatic symptoms that are either very distressing or result in significant disruption of functioning, as well as excessive and disproportionate thoughts, feelings and behaviours regarding those symptoms. To be diagnosed with SSD, the individual must be persistently symptomatic (typically at least for 6 months).”
I tend to see this diagnosis when clients are suffering from longstanding subjective physical symptoms. The client is in extreme physical distress, but there’s no explanation of where this additional distress comes from. The pain felt by the client is otherwise disproportionate to the actual seriousness of the injury. I’ve always viewed it as an uncontrollable dispute between the body and the mind. I say this because typically the body is ready to be healed but the mind isn’t.
The proof isn’t as solid as we wish it was. The driving force of the diagnosis is the client’s own reaction to assessment and medical investigation. An SSD case can often be met by an assumption of “fake” injuries or plaintiff malingering. However, the SCC worded it properly when stating that the trier of fact should “not [be] concerned with the diagnosis, but with symptoms and their effects.” This point should always be emphasised when dealing with SSD cases. Focusing on the genuine statement of lay witnesses and providing a clear historical approach of the impact caused by the negligent act, remains the best means to put forward a strong SSD case.
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What should I do if I am injured and someone else is responsible?
As a litigation Lawyer, I am often retained weeks, months or even years after a client has suffered an injury as a result of another’s negligence. Ideally, if you are injured as a result of someone else’s negligence, you should contact a Lawyer promptly to review the circumstances of the incident. I routinely meet people for a no obligation consultation to discuss matters such as liability, limitation periods and evidence that must be preserved.
At the scene of the accident, you should take several steps immediately, whether it is a motor-vehicle accident or a slip and fall, a dog bite or injury caused by a defective product:
- Identify who is responsible (i.e. exchange of information). If possible, take photographs of obvious material damage (in the case of a motor vehicle collision, take photos of the other party’s car as well as your own);
- Record via photographs or notes how the incident occurred (e.g. slip fall on uneven pavement); and
- Identify and obtain contact information of any witnesses to the incident – this is crucial, as witnesses can be lost forever if not identified at the scene.
As a Lawyer representing injured people, I have found that taking these easy steps can be the difference between having a long drawn out fight about legal liability and moving to a meaningful discussion about compensation reasonably quickly.
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