Motor vehicle accidents, slip and fall accidents, or sports-related incidents are among the leading causes of orthopaedic injuries such as fractures. Recovery times and rehabilitation strategies for orthopaedic injuries vary depending on the location and severity of the injury. Multiple surgeries involving the installation and removal of hardware may be required to treat certain bone or joint fractures. In some cases, physicians may ultimately recommend joints be entirely replaced.
Unfortunately, many individuals with serious orthopaedic injuries find that the injury and recovery process to be significant disruptions to their ability to return to their work in the same capacity as before their injury. Further, some treatment recommendations, such as medication and physiotherapy, may not be covered under OHIP, leaving the injured individual to pay out of pocket for treatment or rely on extended health coverage.
In situations where orthopaedic injuries affect someone's ability to work or necessitate costly medical treatment, knowledge of one's legal rights is important. If the orthopaedic injury was the result of someone else's negligence - as may be the case in car accidents or slip or trip and fall accidents - Ontario law allows the injured person to recover compensation against the negligent person or entity, such as the other driver of the vehicle involved in the accident, or the owner or occupier of the property where the fall occurred.
Whether or not someone has a claim against a negligent party is a complex question that depends on the unique factual circumstances of the accident. For this reason, we suggest speaking with a personal injury lawyer to learn about your rights.
A personal injury lawyer specializing in orthopedic injuries understands the complexities of these cases and can provide the expertise needed to navigate the legal process. They will advocate for your best interests, ensuring that you receive fair compensation for your injuries, medical expenses, lost wages, and other damages.
Navigating the Legal Process for Compensation Claims
The Ontario court process and insurance scheme are both inherently complex. Depending on the nature of your claim, there will be various notice deadlines, form filings, and disclosure obligations with which the injured person must comply in order to collect benefits or commence a claim against negligent parties.
Unfortunately, these complexities and obligations are made more difficult for individuals undergoing rehabilitation or suffering from pain and limitations from their orthopaedic injuries. However, navigating the process properly and effectively is one of the many benefits of hiring a personal injury lawyer. Boland Romaine regularly guides clients with orthopaedic injuries through the insurance, claims, and court processes by:
- preparing all the necessary paperwork and court filings;
- performing investigations into the circumstances of the accident and how it happened, including gathering witness statements;
- collecting medical records documenting the extent of the injuries and the steps taken to rehabilitate and recover; and
- Coordinating with leading medical experts to assess your injuries and determine confident and accurate long-term prognosis and treatment needs.
Proving Liability in Orthopaedic Injury Cases
Proving liability is a crucial aspect of orthopedic injury cases. To successfully recover compensation, you must establish that the negligent actions of another party caused your injuries.
Establishing liability or fault against a negligent party will depend on how the accident occurred. Drivers, property owners, tenants, and commercial hosts all owe duties to individuals they encounter to take reasonable steps to keep others safe. Whether or not a party satisfied their duty will depend on whether they met the applicable standard of care, which will depend on the circumstances of the particular accident. Some breaches of the standard of care are not self-evident and may require investigation, legal analysis, scientific or engineering expert opinion, along with an informed-understanding as to how the evidence will be interpreted by the judge or jury hearing the case.
Accident investigation and gathering of liability evidence are integral steps for each case Boland Romaine's personal injury lawyers take on. We interview witnesses, review accident reports, and consult with experts to determine who is at fault for your orthopedic injuries. We also assess the extent of negligence involved and whether any parties share responsibility.
Once liability is established, our personal injury lawyers gather the evidence to support the strongest narrative to support your claim. We present the evidence in a compelling manner, using legal expertise to convince insurance companies or a judge or jury of the other party's negligence and the impact it has had on the lives of our clients.
Calculating Damages for Orthopaedic Injuries
Calculating damages for orthopedic injuries involves assessing the physical, emotional, and financial impact of your injuries. It requires a comprehensive understanding of personal injury law and the various types of damages you may be entitled to. Typical heads (or types) of damage for which you can claim compensation involve:
- Pain and suffering (also called "general damages")
- Past and future loss of income
- Out of pocket expenses
- Future care costs
- Loss of housekeeping and home maintenance
A personal injury lawyer specializing in orthopedic injuries will work closely with medical experts to evaluate the long-term effects of your injuries. They will consider factors such as medical expenses, rehabilitation costs, lost wages, diminished earning capacity, pain and suffering, and loss of enjoyment of life.
By accurately calculating the damages you have suffered, your personal injury lawyer will seek fair compensation that covers both your current and future needs. They will fight to ensure that you receive the financial support necessary to recover and move forward after an orthopedic injury.
Negotiating Settlements and Going to Trial
The goal of prosecuting a claim is to achieve the most fair result for the injured person. If commencing a claim in court, the aim of a personal injury lawyer is to build your case as strongly as possible so as to either negotiate a fair settlement, or, where that is not possible, obtain a successful verdict from a judge or jury at trial.
Most cases resolve via settlement. Although negotiating a settlement remains the goal of a personal injury claim, a trial may be necessary to achieve a fair outcome where defendants or insurance companies are being unreasonable.
A settlement is based on a prediction of what a judge or jury would award the injured person at trial. It is important that your personal injury lawyer have experience succeeding at trial. Insurance companies know which personal injury lawyers are willing to go to trial for their clients and which personal injury lawyers do not. This is useful intel for insurance companies: it is something they consider when making settlement offers.
For these reasons, Boland Romaine's personal injury lawyers build every case as if it is going to be decided in a courtroom at trial. Because of our experience and approach to the case, we are prepared to present your case before a judge and jury. Our proven track record of building compelling narratives and marshaling compelling evidence often results in insurance companies treating our clients fairly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.