Car accidents, no matter how severe, can have extensive consequences. Drivers, pedestrians and bikers who are victims of motor vehicle accidents can suffer a range of injuries. An accident that involves any type of motor vehicle, even if the person responsible was unable to be identified, may be grounds to initiate a claim. It is not uncommon for victims’ daily life to be adversely affected and injuries caused by car accidents usually require comprehensive treatment. Focusing on your recovery is of utmost importance; as such, Elkin Injury Law can burden the stress of legal disputes so you can focus on what really matters.

With regards to a motor vehicle accident, there are typically two options available to injured persons:

Accident Benefit Claims: This is a claim, typically to your own insurer, for benefit coverage. That said, a person who is injured who doesn’t carry their own insurance may be able to claim accident benefits under another person’s insurance depending on the circumstances. Some examples of the type of benefits you may be entitled to include “Income Replacement Benefit”, “Non-Earner’s Benefit”, “Medical and Rehabilitative Benefit”, “Attendant Care Benefit” and more. Each benefit has distinct requirements for an injured person to qualify, often making accident benefit claims tedious and delicate.

Tort Claim: The “tort” aspect of a motor vehicle accident claim is a civil lawsuit against the person responsible for your injuries. Given that insurance is mandatory in Ontario, in nearly all MVA cases, the other driver’s insurance company will be covering the liability. This claim focuses on collecting compensation for pain and suffering, lost income, housekeeping & home maintenance, and in some cases medical & rehabilitative compensation. Each tort case requires in-depth legal analysis based on the circumstances of the accident; no two cases are exactly alike.

Falls can happen suddenly, instantaneously, and almost anywhere. Slipping and falling can happen essentially anywhere, in buildings, on stairs, on sidewalks, and even in stores or restaurants. Since these types of incidents can occur almost anywhere, slip and fall claims typically have very unique circumstances that apply differently under the Occupier’s Liability Act and the Negligence Act. Generally, people in control of property have to ensure that you are reasonably safe from hazards that may cause you to slip and injure yourself. These types of incidents can lead to very severe injuries that have long-lasting effects. Even if you are unaware of what exactly caused you to fall, it is possible you still have a claim. Since every fall is different, the law needs to be navigated according to the details of how you fell. Our team is able to represent your interests and put forth a strong case based on our analysis of your claim.

Similar to slip and falls, trip and falls can happen almost anywhere. Whether you’re out for a walk, stepping over a curb or simply walking into a store, tripping hazards can cause serious injuries. Maybe you are walking on what appears to be a continuous floor that really ends up having a large gap or step between it. Trip hazards are also covered under the Negligence Act as well as the Occupier’s Liability Act and these Acts apply to trip and falls similarly in ways they apply to slip and falls. Many times, occupiers are aware, or ought to be, that these trip hazards exist. That said, they negligently have allowed a hazard to exist and cause someone injury. Like other claims, trip and falls have complex legal principles that apply to the circumstances around the fall. Trust Elkin Injury Law to meticulously analyze these principles and apply them to your case to effectively represent your interests.

There’s no handrail for the stairs, nails are sticking out of wood, and heavy objects hang dangerously overhead. It wouldn’t be surprising if anyone felt unsafe in such circumstances. In Ontario, property owners and occupiers (people in charge of properties or premises) that irresponsibly put people’s safety in jeopardy may be accountable for injuries arising from the unsafe premise. Under the Occupier’s Liability Act and the Negligence Act, premises must be kept reasonably safe for anyone entering the property and ensure that a dangerous condition does not exist that contributes to an injury.  Often, unsafe premises claims that seem simple actually have underlying complexities requiring proper legal analysis. Elkin Injury Law has an experienced group of lawyers that can assess the details of unsafe premise cases with distinct precision and care.

Dogs aren’t always a “man’s best friend”. Being bitten or attacked by a dog can happen instantaneously and can cause significant physical injuries, but may also lead to serious psychological trauma. In Ontario, under the Dog Owner’s Liability Act, people in control of a dog who do not adequately ensure people’s safety around that dog may be found liable for injuries (both physical and psychological) that arise from a dog attack. Despite this legislation, violent dog attacks still occur frequently and often have dire consequences for a victim or their loved ones.

Companies sometimes compromise consumer safety for increased profit. Though saddening, it is true. Other times, dangers that arise from manufacturing procedures or design features of products are negligently looked over and the product is sold to the public. Companies that decide to risk consumer safety in this way should, and can be held accountable for their actions.  Based on the circumstances of your injury and the product that caused it, the company who issues that product may be liable for your injuries.

Long Term & Short Term
Disability insurance is usually seen as a safety net for most families. If anything were to happen, disability benefits would help maintain order in a time of uncertainty. Can’t work? Incurring expenses? Supporting a family? In a situation where you become injured or ill, disability benefits help you keep your life from completely falling apart. Unfortunately, to be entitled to these benefits you must prove that your disability meets legal and medical criteria. Additionally, if you have the misfortune of suffering a disability for over 2 years, the criteria becomes significantly more difficult to meet. Sadly, it is not “simple” to meet the criteria. Proving you meet the criteria usually requires extensive evidence and a solidified legal argument; even then an insurance company may seek to argue the evidence and deny your claim. Over many years, the team of legal professionals at Elkin Injury Law has obtained powerful insights into handling difficult and complex disability claims to help our clients retaliate their unfair treatment.

This is a claim, typically to your own insurer, for benefit coverage. That said, a person who is injured who doesn’t carry their own insurance may be able to claim accident benefits under another person’s insurance depending on the circumstances. Some examples of the type of benefits you may be entitled to include “Income Replacement Benefit”, “Non-Earner’s Benefit”, “Medical and Rehabilitative Benefit”, “Attendant Care Benefit” and more. Each benefit has distinct requirements for an injured person to qualify, often making accident benefit claims tedious and delicate.

Physical or psychological injuries aren’t the only losses that can cause significant distress to your normal life. In many occasions, personal injuries are accompanied by an inability to work, earn income, or a plethora of expenses. All of these aspects of economic loss can be recovered during legal claims. In some cases, you may have experienced what is known as a Loss of Competitive Advantage. In any event, if you are suffering financial burdens as a result of injury, Elkin Injury Law maintains a firm stance on recovering the lost income that you would have received should the injury had not occurred.

Many of us have diligently paid premiums into our insurance companies for years. Not surprisingly, you expect that if it comes time to use your insurance policy you receive the same diligence in return. Unfortunately, this isn’t always the case. During times when you are relying on an insurance policy, whether it is due to an illness or disability, it can be frustrating to have an uncooperative insurance company. Even if an insurance company has made a mistake, they may seek to deny your claim to begin until an investigation has occurred. Facing denials can feel degrading to you and your family members, especially amidst a time where financial and emotional burdens may be prevalent. Elkin Injury Law can help even the scales against insurance companies, allowing you and your family to persevere in a time of adversity.

A regular visit to the dentist is a great way to maintain a pearly white smile. On the occasion, there are more serious concerns that require a higher level of dentist intervention. During all procedures, we put a lot of faith into our dentists. We expect them to care for us and our teeth with exceptionally high standards of care, as mandated by their profession. In spite of this, some procedures can go horribly wrong. Occasionally, trusted dental professionals break the oath that they swore, causing their patients to have lifelong injuries or pain. Some examples of dental claims could include infections after operating, surgical mistakes, complications arising from implantation or other insertion procedures, and even misdiagnoses. If you have experienced an irritating, painful injury as a result of the conduct by a trusted dental professional, you may have a claim that our team can effectively help you recover damages.