personal injury lawyer

What Personal Injury Lawyers Do

Date Posted:

October 13, 2022

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    Legal issues vary from case to case and the laws of Ontario can be very complicated if you are injured in an accident.  Therefore, regardless of your legal issue, you should seek a qualified personal injury lawyer suitable for your claim to succeed. The personal injury lawyers at McNally Gervan handle many types of accident and insurance cases. Therefore, if you have suffered or someone you know has suffered a severe injury, contact McNally Gervan today.

    Denials of Long-Term Disability Claims

    Remember that an insurance company’s denial of an individual’s disability benefits claim does not necessarily mean that the individual is ineligible for those benefits. The legal issue is actually contractual interpretation because each party (namely, the individual and their insurance company) may interpret the insurance policy differently based on the information that they have.  Enter a seasoned personal injury lawyer who will review the insurance contract, establish where exactly the insurance company’s genuine obligations lie, and recognize which arguments and medical evidence will be the most effective in enforcing the contract.

    Medical Malpractice 

    Medical malpractice cases are complicated, and many medical experts can be involved in them. Furthermore, they can heavily burden the victim’s family members, resulting in life-altering disabilities. However, you can find help from an expert personal injury lawyer. They know that, to win a medical malpractice case, they will need to prove:

    • what financial and physical damages were caused by the negligence;
    • by retaining experts, determine the standard of medical care;
    • that the medical treatment the victim received failed to meet the expected standard of care for the situation; and
    • that the medical treatment led to the injury in such a way that if not for the sub-standard care administered, the victim would not have become injured. 

     Car Accidents

     If you become involved in a motor vehicle collision, you should follow these steps before contacting a personal injury lawyer:

    • Attend to your injuries.
    • Stabilize any medical conditions.
    • notify your car insurance company if you have one.
    • if you don’t have car insurance, notify the car insurance company of the vehicle involved to avoid delays in receiving payable Statutory Accident Benefits. 
    • Get a copy of the police motor vehicle collision report so that you can decide on whether to initiate a civil action against the responsible driver to receive damages. This report will detail the collision and identify the other individuals and insurance companies.

    A seasoned personal injury lawyer will file a civil action (lawsuit) to secure you the compensation you deserve while working to win you the highest amount possible of accident benefits.

    Municipal Liability

    In addition to having a duty to keep sidewalks and roads reasonably safe for users, municipalities have maintenance duties to keep roadways free of potholes, cracks, bumps, ice, and snow. Furthermore, municipalities are also responsible for:

    • installation and maintenance of road signs; 
    • school zones; and
    • municipal employees’ and hired subcontractors’ actions.

    Moreover, a municipality may be liable if a municipal vehicle or hired contractor vehicle gets into an accident with an individual. Suppose you wish to initiate an action against a municipality. In that case, an expert personal injury lawyer can help you, as they will be familiar with the mandatory-notice requirements you will need to follow to ensure your claim succeeds.  There could be very short time limits (10 days) to notify the municipality of an injury so it is important to call an experienced personal injury lawyer to get advice about time limits that could affect your case.  

    Slip and Falls

    The Occupiers’ Liability Act mandates that property owners take positive action to protect people on their premises.   Homeowners need to inspect their properties for hazards and carry out maintenance to ensuring their homes are safe for guests. This responsibility also applies during winter, in that these same property owners clear their premises thoroughly of ice and snow. Seasoned personal injury lawyers can advise clients whether property owners failed to ensure their premises met their obligations under the legislation that resulted in the clients’ injuries and, if so, how. 

    Specifically, property owners must:

    Occupier’s duty

    3 (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.


    (2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises.

    Injuries to Family Members and Wrongful Deaths

    The Family Law Act states that, in addition to claiming damages for funeral expenses, a spouse, child, grandchild, parent, grandparent, or sibling can claim damages for the loss of:

    • care, companionship, companionship; and guidance.
    • reasonable compensation for nursing and housekeeping services or loss of income;
    • shared family income;
    • expenses incurred for the benefit of the injured person.

    In some cases, if a family member witnessed the death of a family member or was present at the scene of the accident, they may be entitled to compensation for mental shock.

    Here at McNally Gervan LLP, one of our experienced personal injury lawyers will interpret the Family Law Act case law to ensure that no technicalities preclude you from receiving the full amount of damages you deserve.

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