Being injured or disabled can be devastating to an individual and
their family. Our firm will deal with all issues and disputes with
a claimant's insurer and will advocate in a firm and professional
manner.
Once a client has retained our services, we will move the matter towards resolution in an expedited fashion and thoroughly prepare the matter for settlement or trial. Our firm puts the client's interest first and provides trusted and experienced legal advice and advocacy. We often meet clients in the comfort of their home for a free consultation.
Our areas of practice include:
Catastrophic Injury:
In many personal injury claims and motor vehicle accidents, victims can suffer life altering losses. These losses often include quadriplegia, paraplegia, traumatic brain injury and death. In Canada, there are limits on the amount of compensation any injured victim can receive for their pain and suffering regardless of the seriousness of the injury. There are also maximum amounts of insurance to satisfy a claim. Our office assists victims of catastrophic injuries in accessing the wide variety of medical and rehabilitation resources available to ensure that the victimıs needs are met quickly and effectively and the maximum amount of compensation is achieved. Our office will work with case managers, occupational therapists, rehabilitation therapists and other professionals to ensure that the victims of catastrophic injuries are provided with the best treatment and receive the maximum amount of compensation that is available.
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Slip and Falls/Dangerous Premises:
Personal injury occurs every year as a result of accidents which have occurred as a result of poorly maintained properties. These accidents occur in rental outlets, restaurants and other businesses which do not maintain a reasonable system of maintenance and inspection which results in a safe environment. Victims are injured as a result of highly slippery floor surfaces, falling as a result of ice and snow, traps such as pot holes, store displays, loose carpet, broken pavement, protrusions and areas under repair.
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Motor Vehicle Accidents:
In Ontario, if you have suffered injury in a motor vehicle accident, you should immediately apply for accident benefits through your own insurer. You may qualify for weekly income replacement benefits to a maximum of $400.00 per week and may receive funding for rehabilitation services such as physiotherapy, massage therapy and chiropractic treatment from the accident benefits insurer. You may also have a claim for pain and suffering against the driver of the vehicle that is to blame in the motor vehicle accident if you suffer a permanent and serious impairment. You will meet this test if your injuries affect your ability to be employed, substantially interfere with your ability to continue in your pre-accident employment or significantly interfere with your activities of daily living. You may also be able to claim for income loss and claim for family members under the Family Law Act and other incurred expenses.
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Canada Pension Plan Claims:
A claimant is entitled to Canada Pension Plan disability benefits if they have made sufficient contributions to the plan and if their injuries are “severe and prolonged.” Currently, in order to qualify for benefits, you must have contributed to the pension plan for four out of the last six years. Generally, benefits will be awarded where it is established that a claimant has a disability that appears to be permanent and the claimant is not competitively employable.
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Product Liability:
Every year individuals are injured as a result of faulty products. Injury can be due to faulty design, a failure to properly inspect the product or failure by the manufacturer to explain to the consumer the manner in which the product is to be used. In addition, warning labels that should be affixed to the product are often omitted. Van Dyke Law Office has handled cases involving defectively designed step ladders, poisoned food products, food containing foreign objects and defective motor vehicles.
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Workplace Safety and Insurance Board Claims:
Workplace Safety and Insurance claims are designed to ensure that people injured on the job receive proper care to return to work as soon as possible. If an employee is covered under WSIB benefits at their place of employment, a WSIB claim can be advanced if an injury occurred in the course of their employment. It is not necessary, however, to have an accident at an individualıs place of employment to advance a WSIB claim. It may be possible to advance a disablement claim against the employer in which it is claimed that the injury is as a result of “wear and tear” through years of employment. An employee could also advance a claim on an aggravation, reoccurrence or deterioration of a prior work related injury. Any claim should be advanced as soon as an employee is aware of the connection of the injury to work as a six month limitation period exists for the reporting of claims.
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Disability Insurance Claims:
Many employed person in Ontario are covered by disability insurance policies in the event they are injured or become seriously ill and cannot work. An individual may have a claim against their disability carrier if they are unable to work at the employment they were performing at the time of sickness or injury. However, after two years, many policies provide for entitlement to disability benefits only if the claimant suffers from an inability to engage in any occupation for which they are reasonably suited by education, training and experience. This is a more difficult test to meet and a claimant may or may not continue to qualify for benefits depending on the nature of the disability. In every case, the specific disability policy must be reviewed to determine whether there is a viable claim.
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Dog Attacks:
Under the Dog Ownersı Liability Act, the owner of a dog is liable for any damages caused by a dog attack or bite. In this situation, if the dog owner is a homeowner, their home owner insurance usually will cover the cost of any claim. Individuals who are injured as a result of dog bites and attacks can suffer serious disfigurement and scarring. Many victims of dog attacks are children.
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Fire Loss Claims:
Property owners purchase insurance on their own properties to allow for peace of mind in the event they suffer damage to their property as a result of fire loss. In some situations, however, where there has been misrepresentation on the original application, arson, or failure to notify the company of change in the use of the property, the insurer may deny a claim. The denial of a property insurance claim can result in serious financial losses for the property owner.
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Snowmobile Accidents:
Every winter, individuals are involved in snowmobile accidents. Individuals who have been injured or killed in snowmobile accidents in the Province of Ontario may be entitled to a claim for pain and suffering, income loss and any other incurred expenses and future care costs. Van Dyke Law Office has handled many serious cases involving injury from snowmobile accidents.
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Life Insurance Claims:
Life Insurance is purchased by individuals in hope that their family will be protected in the event of death. However, in some cases, claims can be denied by an insurance company on the basis that there has been a misrepresentation made in the application. In this situation, the insurance company will take the position that where a medical condition has not been disclosed or any other fact has been misstated, the claim will be denied.
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Boating Accidents:
In the summer months, our waterways become crowded with motor boats and jet skis with an increasing number of individuals becoming involved in accidents as a result of alcohol consumption and negligence of the operators. A victim of a boating accident may be entitled to compensation for pain and suffering as well as all out-of-pocket expenses and income loss.
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Medical Malpractice:
Medical malpractice litigation is complex, difficult and risky. At our office, we do not commence litigation in relation to a doctor or hospital until all of the medical records have been obtained and reviewed by an expert. In some cases, our firm will cover the cost of this review. Experts in these situations will be considering whether the standard of care provided by the hospital and doctor falls below the accepted standard of care. They will also consider whether any negligence on behalf of the doctor or hospital caused the damages that have resulted to the client. In general, medical malpractice litigation is not recommended unless a person has suffered a serious and permanent injury.
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