Thursday 19 November 2020

A Guide To Medical Malpractice By A Personal Injury Lawyer In Calgary

 We as human beings often need to get medical aids to stay healthy and fine. But, does all such attempts to get medical treatments give out fruitful results? Not always! Yes, many times these turn into shocking medical malpractice injuries due to the negligence done by a healthcare professional. These are obviously, one of the most tragic personal injury accidents, as no patient is actually prepared to get injured at the hands of the medical healers. An ace Personal Injury Lawyer in Calgary will now present you a complete guide to medical malpractice.

Common Medical Malpractice: Let us begin by first throwing light on some of the common reasons for medical malpractice with the help of an experienced Personal Injury Lawyer in Calgary:

•    delay in diagnosis
•    misdiagnosis
•    lack of hygiene
•    defective medical equipment
•    doctor under fatigue
•    misadministration of anaesthesia
•    wrong prescription
•    surgical errors

Things to Prove: Now, we will discuss some of the crucial things to prove in order to win a medical malpractice claim. As per a well-known Personal Injury Lawyer in Calgary, one must be able to prove certain things to win such complicated cases like:

1.    Patient and Doctor Relationship: First and foremost, a plaintiff should be able to prove a valid relation with a doctor as a patient.

2.    Duty of Care: Secondly, after establishing a doctor and patient relationship, the plaintiff must prove that the former had a duty of care towards the latter.

3.    Breach of Duty: Similarly, we suggest you to also establish that the defendant had breached the duty of care towards the plaintiff, which resulted into the latter’s injuries.

4.    Causation and not a Pre-existing Injury: Lastly, a plaintiff in such cases must be able to prove that the injuries caused are a direct result of medical malpractice and not pre-existing injuries.

Demanding Compensation: Now, in order to demand compensation from a defendant in a medical malpractice case, we first suggest you to check the valid statute of limitation period to file a lawsuit. Then, consult a qualified Personal Injury Lawyer in Calgary to draft a demand letter mentioning all that happened to you and what you demand and from whom as compensation. You must also calculate all your losses with the help of your hired lawyer both in terms of special and general damages; meaning non-financial and financial damages.

Dealing with medical malpractice cases can be a tough task without seeking help from a Personal Injury Lawyer in Calgary. They can help you get medical malpractice cases to get the best results in the form of maximum compensation. Moreover, most of these lawyers work on a contingency fee basis and won’t charge a  out of your own pocket, so there is no additional financial burden on you as a client. Visit Here: BILAB Personal Injury Lawyer

Sunday 26 July 2020

More About How Personal Injury Lawyer In Calgary Handles Supermarket Accident Claims

Most of us like to shop and the most common place to hang out for shopping is a supermarket. Be it for daily necessities or luxuries, a supermarket is an ideal place which one visits on a regular basis. But, have you imagined getting injured in a supermarket accident? Well, this does happen with many people due to sheer negligence of someone else. A well-known Personal Injury Lawyer in Calgary will share ABC of Supermarket Accidents and Claims in this article, so read on!

Things to do after a Supermarket Accident: To begin with, we will throw light on the immediate steps worth taking after a supermarket accident. As per a qualified Personal Injury Lawyer in Calgary, one should firstly seek medical help after such an accident and then note down accident details for the reference of police investigation. After this, all sorts of relevant evidences should be collected to support the case. Once this much is done, it is time to consult a specialized lawyer for your case.

Main Causes of Supermarket Accidents: Now, we will discuss the main causes of supermarket accidents one by one with the help of an experienced Personal Injury Lawyer in Calgary. These accidents usually take place due to falling items from shelves, wet floors, lack of safety and poor lighting, overcrowding, obstacles placed in the middle of the walkways, lifting of heavy objects and poorly stacked goods in a supermarket.

Liability for Supermarket Accidents: The most crucial thing to note about supermarket accidents is the liability. Liability in such cases, as in other personal injury cases depends on the clause of duty of care and breach of duty. Whosoever, is found to owe a duty of care towards the plaintiff and is found to have breached it may be held liable for such injuries and accidents.

Compensation for Supermarket Accidents: At the same time, we think it very important to know about the compensation a supermarket accident plaintiff deserves to demand. According to a professional Personal Injury Lawyer in Calgary, one may demand claims for all medical expenses, loss of income, traveling expenses for medical treatments, caretaker expenses, pain and suffering and loss of enjoyment from life.

Filing a Supermarket Accident Lawsuit:
Up next, we will talk about filing a claim for such accidents and injuries. For this, first analyses whose fault it was and whether the injuries you suffered are worth claiming for or not. Then, with the help of your hired lawyer draft a demand letter mentioning all the relevant accidents details, losses and what to claim and from whom. Make sure to file the lawsuit within the valid statute of limitation period.

Legal Assistance from a Personal Injury Lawyer in Calgary: To conclude, we would only urge you to seek legal assistance from a specialized injury attorney after a supermarket accident case. Once you hire an experienced lawyer, you will automatically realize the importance of the same because a good lawyer will help you in various ways. Be it filing the lawsuit, calculating the damages, collecting the evidences or negotiating with the insurance adjusters. For more information visit here: BILAB Personal Injury Lawyer

Thursday 14 May 2020

Improve Your Communication Skills To Be A Better Personal Injury Lawyer In Calgary

Communication is an essential aspect of any legal dealing. The difference between a standard lawyer and an excellent Personal Injury Lawyer in Calgary lies mostly in the level of the communication. If you are aiming to become a successful attorney in dealing with personal injury cases, then you have to work on your communication skills. Most of the time, a plaintiff will call you immediately on the day of the accident or a few days later. The chances are high that the person will not be in a good state of mind to have an elaborate discussion with you. You have to handle the communication carefully.

Words express emotions

The choice of words matters a lot when you are in the first appointment with a probable client. You have to understand the entire scenario and decide whether the case is eligible for claiming compensation. Whatever be your conclusion, you need to explain that to the victim of the accident. If your words are satisfactory, only then can the person plan to hire you as the Personal Injury Lawyer in Calgary. But if you are showing confusion through your words and way of speaking, the person will decide to meet some other lawyer for better consultation.

Negotiation

When you are going to negotiate with the insurance adjuster, you have to know how to keep the conversation formal and how to dominate the conversation. Your confidence in the tone will be sufficient to make the adjuster a little uncomfortable. If you allow the adjuster to dominate the verbal exchange, then you will never get the right amount that the victim should receive as compensation. The art of being a Personal Injury Lawyer in Calgary, is all about how you can reach the ultimate goal only through verbal communication.

Discussion with the doctor

The injuries of the plaintiff can be severe. In that case, you need to communicate with the medical expert who is doing the treatment of the plaintiff. Elaborate discussions are necessary to understand the extent of the injuries and their impact in the future. You have to keep in mind that the doctor is also going to answer the questions of the defendant's attorney. So be sure to clarify all your doubts and ask everything related to the matter to leave no scope for new arguments. The communication is critical for the establishment of the claim.

Continuous discussion with the client

Your most important job as the Personal Injury Lawyer in Calgary is to communicate with the client. Through oral communication, you can slowly build a relationship of trust with the client. Only then, the person will feel comfortable to discuss matters regarding the accident. It is a traumatic event, and you have to keep it in mind before asking too many questions. Try to use a sympathetic tone, which will make the plaintiff understand that you can also feel the pain of the person. It encourages the person to help you with every piece of information that can be valuable to the case. Visit Here: BILAB Personal Injury Lawyer





Monday 24 February 2020

Court of Appeal Decisions Give Victims And Personal Injury Lawyer In Calgary More Time To Claim

The recent court of appeal decision proves to be beneficial for both the accident victims as well as the Personal Injury Lawyer in Calgary that represent them. It gives them more time to claim benefits for catastrophic accidents. In fact, experts in the industry believe that this decision, as well as the detailed specifics of the case, will affect the personal injury system on the whole. Ideally, a person sustaining injuries that require hospitalization and surgery could use housekeeping and daycare and attendant benefits after the surgery that is available to non-catastrophically impaired victims. However, until now, these benefits are payable for 104 weeks.

Further care benefits

In case of a severe injury, the condition of the injured victim may decline after the stipulated two years, when these benefits may expire. Insurance companies may deny paying for such benefits after that time. It is this point that the Personal Injury Lawyer in Calgary uses to seek further attendant care, and housekeeping benefits from the insurers provided the victim is declared as catastrophically impaired by the doctor. It gave rise to a lot of debate, and the insurance companies stuck to their point that they are not liable to pay since the time limit has expired.

License Appeal Tribunal

In comes the License Appeal Tribunal or LAT that deals with accident benefits disputes of such kind. However, the Divisional Court took the side of the insurer, saying that the legislature has done an excellent job to provide a reasonable period through which such benefits should be offered, but the insurance companies are no longer obligated to provide the benefits after the time expires and should be summarily discharged. This is irrespective of the meritorious claims of the injured victims. This led the injured victims and the Personal Injury Lawyer in Calgary in a losing situation, before the Court of Appeal’s decision.

Access necessary benefits

The decision of the Court of Appeal has made it easy for the injured victims as well as the Personal Injury Lawyer in Calgary to access the benefits that were nearly impossible before to receive. This means that the injured victims will now not have to wait until the time he or she is diagnosed and confirmed to be catastrophically impaired. However, time may run out till the time such diagnosis is made, and the situation is ripe for applying for benefits. This time factor, as well as the CAT statutes, may deny the victim from gaining such benefits.

Benefits of the decision

The Court of Appeal’s decision has overturned the hard time limit that may bar the injured victims from claiming enhanced benefits. The decision ensures that this time limit for applying these accident benefits are determined based on discoverability and not based on the moment of the accident. All these mean that the personal injury lawyer will now not have to rush to apply for these catastrophic accident benefits for their clients who are yet to be diagnosed catastrophically impaired. It will also make the system more effective as well as reduce the overall costs. Visit Here: BILAB Personal Injury Lawyer