Slip-and-Fall Lawyer: Hamilton, Ontario
Falls are common accidents across Canada, not just in the city of Hamilton. However, not all slip-and-fall accidents are your fault. Property owners have a responsibility to maintain their building and surrounding area so it’s safe for people to use.
If you’ve experienced a slip-and-fall accident in Hamilton that was due to more than mere clumsiness or inattentiveness, contact the Wynperle law firm as soon as you can. The slip-and-fall lawyers on our team take falls seriously, and we’ll investigate your case without delay.
Who is Liable for a Slip-and-Fall?
Liability for a slip-and-fall accident will be determined on a case-by-case basis since each situation has different circumstances, such as the location of the fall and the condition of the environment.
Homeowners usually have insurance to cover any accidents that occur within their home or on their property. Yet while insurance policies usually contain a form of compensation clause for medical expenses and liability, few homeowners actually submit a claim.
Why? Because all too often they fear that claiming a slip-and-fall accident will result in their insurance company cancelling the policy once they’ve made a payout, or raising their rates.
It’s vital to your health and recovery that you hire a lawyer and submit a claim, so you can receive compensation and determine if another party is partially at fault. If you have any difficulties dealing with the insurance company, a personal injury lawyer will be able to assist you to reach the best and fairest outcome for your slip and fall injuries.
When employees are injured at work, their workers’ compensation will usually cover the cost of their injuries. However, if a job requires off-site work and a slip-and-fall accident occurs, it is no longer the employer that is liable, but the property owner where the fall occurred.
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
Sometimes, a lawsuit for a slip and fall accident on public property may be against the company and contractor who was responsible for working on the public areas when they were originally hired by the public entity.
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.
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:
- 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 Wynperle slip-and-fall lawyer, so we can discuss your case.
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.
Handling Your Case: Questions on Compensation
At our free consultation, your lawyer will discuss the details of your case with you, as well as 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:
- 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
- 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!
Slip-and-Fall Claim Submissions: Standing Up For You
Dealing with insurance companies is a hassle, but it shouldn’t be.The Wynperle law firm will fight hard to make sure they accept your injury claim. With us on your side, it will be hard for the insurance company to find a reason to deny your claim, no matter what kind of creative reasoning they come up with to try to avoid paying you.
Some free advice from us: insurance companies will often try to use any statement or detail you provide following an accident against you. For this reason, it’s important to resist the temptation to be stoic. Even something as ordinary as the everyday, automatic response “I feel fine,” may turn out to be a costly admission in the eyes of the law.
Our experience has taught us that pain associated with slip-and-fall injuries often develop over long periods of time, and sometimes only affects you weeks or even months later. It is often better to stay silent on the issue until you’ve spoken to a lawyer.
Call us before you call them.
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!
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.
Wynperle Law leaves no stone unturned, giving you peace of mind while you recover from your slip-and-fall.
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.
Wynperle 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 Wynperle 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!