Six Facts to Whether You Are A Victim of Medical Negligence

You may not always know if you are a victim of a medical malpractice. In other instances, you may never even know, or realize months or years later. But there are many different ways to conclude that you are a victim of a medical malpractice. You simply need to know what to look for and monitor your bodily operations after the treatments and medications.

So, how can you tell whether you are a victim of a medical malpractice? Simply look for signs and clues that we will mention in this article. There are instances where the signs are more than one. In other instances, the signs may not be entirely visible or easily detectable. But even so, your bodily reactions should still give you a heads up that something isn’t right. So, here are the clues and signs that you can look for to know whether you are a victim of medical negligence or not.

1. No medical improvement

In situations where you realize that your medical condition isn’t improving even after visiting a medical practitioner and starting your medication, you should start raising some red flags. This could be a sign that a medical malpractice occurred during your treatment procedures and decisions. But it is also wise to note that your body may not react to the treatments and/or medications immediately. So, it would be wise to give it some time and see what happens. Don’t wait too long though.

2. Insufficient tests

The moment you realize that the medical diagnosis you are being given is of just one test, start smelling something fishy. You may be about to receive an improper level of medical care. It’s no secret that medical tests can sometimes be misinterpreted or mishandled. And for most medical conditions, you need to have a couple of medical tests done in order to make the correct diagnosis. Insufficient tests, in most cases, usually leads to misdiagnosis which, in turn, leads to mistreatment.

3. Unanswered questions

As a patient, you have every right to be informed about what the medical practitioner who is handling you is doing about your health situation. Why he/she is drawing blood from you? Which kinds of tests will be done? How long do you have to wait? What were the results? What do the medicines you’ve been given do? How long do you have to wait before you start realizing some change in your body? Are there any side effects?

It is better to know exactly what is happening. This is your body, and your health on the line.

4. Obvious misdiagnosis

There are instances where a misdiagnosis which constitutes a medical malpractice is a lot obvious than others. Say, for example, that you went to a health clinic experiencing a headache and was given some painkillers without any proper diagnosis being done. Only to realize later on that you had meningitis or worse, brain tumor.

5. Lengthy delayed diagnosis

There are other instances where the medical practitioner takes too long to diagnose a patient’s medical condition. While it may not be a crime to want to be thorough with the results, sometimes trying to go a little faster may help save a life. Say someone is bleeding internally and the doctor is still busy analyzing the patient’s medical history.

6. Lack of follow-up

Doctors that don’t normally follow-up on their patients especially after performing major operations can leave you with question marks looking as to whether the operation was indeed successful or not. A good medical practitioner will follow-up on his/her patients. Schedule appointments, call, or text to check on how their patients are doing.

4 Elements Needed To Prove Slip and Fall negligence

You can refer to negligence as a personal injury lawsuit or a personal injury insurance claim; both may just as well be the same thing from a legal point of view. Before you dash off to start filing personal injury lawsuits with your personal injury lawyer or even begin to negotiate with a claims adjuster about that personal injury insurance claim you wish to get, you must first understand a few concepts and consult a slip and fall lawyer Toronto. There are four elements of negligence that you must be aware of and also how they are related to each other.

You cannot just instantly sue someone for falling on their premises. You need to have tangible proof of some four very vital elements in a fall case, slip and fall, and also trip. You should know you do not have any tangible case if you can’t prove every one of these elements.

  • Duty on the part of the defendant: the premises is owned and operated by the defendant.
  • Notice: the defendant knew or had to have known of the factors that could cause any harm to the public.
  • Dangerous condition: the factors that led to the plaintiff’s injury were dangerous, not small defects.
  • Damages: the dangerous conditions led to the injuries suffered by the plaintiff.
  1. Duty

What duty means here is that as the owner of the premises you need to ensure that you address any conditions that can end up causing you or anyone else around the premise or surroundings of your premise any harm. Owned duty comes about as to whether you, as the premise owner, or the occupier of the premise, ought to have had any control of the premise that the accident occurred. In instances where you have more than one owner of the premise, you have to determine who was in charge of the premise at the time of the accident. As the plaintiff, you need to know you cannot win your case if you cannot prove the defendant’s owner duty.

  1. Notice

Another one of the vital issues you need to establish in these types of cases is notice. As the plaintiff, you ought to have your attorney call on experts that can testify to your case, the typical practices like inspection, hazard prevention procedure, and also maintenance. It may be possible for you to prove improper premise management if you have proof that the defendant has deviated from any of these industry practices.

  1. Dangerous condition

As the injured in this case, you now know that a dangerous condition must have existed for you to suffer any injuries. However, you need to prove this fact to stand a chance of winning your lawsuit. As the plaintiff, you have to prove that the defendant knew or had knowledge of the dangerous conditions that led to your injuries but did not take any action about these conditions. As the plaintiff, you need to prove that the conditions were, indeed, dangerous and not some normal minor wear and tear that would otherwise create no potential harm.

  1. Damages

It is not always easy to prove that the injuries you have were as a result of the accident you suffered as a result of someone else’s negligence. You must prove that the injuries you were diagnosed with were caused as a result of the dangerous conditions in the defendant’s premises. Do not brush off your injuries as if nothing happened, instead seek medical attention and take reports of the incident for you may need these when testifying your case.

7 Tips To Help You Select Your Divorce Lawyer

Finding the right divorce lawyer is rife with emotion. You’re going through a difficult family law situation to begin with and now you must select the person who look after your best interests. The following tips will help ensure you find an attorney you can trust.

1. Have realistic expectations

Remember that this person isn’t there to act as your therapist during this terrible life experience. Don’t put these expectations on your attorney. Instead of flooding them with your frustrations and anger, speak to them about the legal process they’re in charge of helping you with.

Their job is to resolve any custody issues and dissolve assets. While the emotional toll is high on your list of priorities, that issue barely registers in the mind of your lawyer. They are there to do a job. Let them do it without any added baggage.

2. Put your budget together

Know your budget because this will have an affect on who you can hire to help you. Rates vary for attorneys depending on their specialties, size of firm, etc.

3. Know your needs

What is your specific situation? Is it possible that you and your partner can work through a more friendly approach to the divorce? Or is this going to get messy for you? You need to know this so you can select the divorce lawyer Toronto best equipped to help you navigate the divorce waters.

Other factors to consider about your lawyer are age, personality, and gender. It’s perfectly all right to have preferences in these areas and to use them as deciding factors.

4. Look at three potential lawyers

Don’t jump into hiring the very first one you meet with. You need to compare more than one against the other. Of course, your attorney must specialize in family law so they have the experience you require.

The best lawyer has proper knowledge in divorce proceedings, takes the time to educate you on the process, has excellent negotiation and communication skills and knows how to solve problems. They should also intimately know the family law judges in your local area so they can best advise you on your overall legal strategy.

5. Interview process

Get things started through a phone call. Ask them the proper questions, such as:

– Family law experience
– Divorce experience
– Their typical client situation
– Their rates
– Is a free consult offered?

In terms of rates, you’ll find that most divorce lawyers ask for a retainer and then an hourly fee. Some will negotiate their fee off any anticipated settlement. If an attorney is way outside your budget, don’t waste any more time setting up a meeting.

Most lawyers will give you a free consultation so you feel comfortable coming in to meet personally. Find out the details about your attorney’s history and track record when it comes to handling cases in court. Use this time to also meet with anyone else in the office who will handle the more day-to-day issues with your case.

6. Do red flags pop up?

For some lawyers, this is just a business and they’ll say anything to get your business. Be careful if your potential lawyer makes high promises. Nothing is guaranteed during a divorce proceeding.

Watch out if they give personal information about past clients. If they talk this way about other people, it’s likely they’ll do the same after your case. See if they get distracted during your consult with phone calls or emails. If they aren’t paying attention to you now, it’s highly unlikely they’ll treat your case the way you want them to later.

7. Choose your divorce lawyer

At the end of the day, you want to make your choice based on the fact that your lawyer is knowledgeable, local, responsive to your needs, professional, and a good communicator. As well, you want to feel comfortable overall and as though you can trust this person.

This is an emotional process so you need a divorce lawyer who separates the emotions out and ensures that you experience the best possible outcome for your future. It may be worthwhile to visit Matrimonial Home for more information.

5 Mind-Blowing Facts About Personal Injury Unknown to Many

You may not be aware of the types of lawsuits involving personal injury. There are, in fact, quite some cases relating to personal injury and can only be handled effectively by a qualified personal injury lawyer Halifax. Many of you may only be aware of one person accusing the other, or a business, of personal injury that may have resulted as a result of negligence of the accused party. Here are some of the facts gathered for you on the matter of personal injury by a qualified personal injury lawyer.

  1. Personal injury lawsuits are different

Usually, you find that a formal injury lawsuit that has been filed involves two parties. One needs to be the plaintiff, who files the case against the defendant, who the lawsuit has been filed. The defendant can be an individual, a business, a corporation, or even some other entity that has caused personal injury to the plaintiff as a result of negligence or other causes. In some cases dealing with personal injury, you may find that more than one party can be involved. You need to be aware that civil court proceedings are the ones that handle personal injury cases and not the criminal courts as they are not criminal offenses. In most cases, you will find that many people file personal injury cases to try and seek some remedies for the damages that they have incurred. In some cases, you find that some disputes involving personal injury can be solved outside of court where the two parties agree that the personal injury indeed occurred as a result of the defendant’s negligence. The two parties can then agree on what measures to take. In most instances, the defendant remedies the plaintiff for any injuries incurred.

  1. Cases can settle early

In cases where both parties, both the defendant and the plaintiff, agree on how to go about the case, the legal process usually settles early. Here, both parties have negotiated to come to some agreement and thus decide to forgo any further action on the case.

  1. There is a time limit

In these types of lawsuits, the plaintiff usually has a limited period to file a case against the defendant. This limited period is called the statute of limitations. The period starts counting down right from the time the personal injury occurs. You need to be aware that every type of personal injury has a different statute of limitation period.

  1. There are statutes

Different laws and statutes surround different types of personal injuries. Take, for example, a personal injury incurred by an elder. This type of personal injury has both federal and state regulations. Many findings that have been filed relating to personal injury have resulted in the writing of many statutes.

  1. There is a discovery process

Both parties involved in the case relating to the personal injury usually are obliged to request documents and information that surround the issues in the case. In most cases, the process is usually lengthy, but still essential if you want to discover any information that surrounds any events concerning the case.

7 Problems to Watch Out for As A Seafarer in A Foreign Country

It is only natural that every maritime professional needs to take to traveling a lot as this will always be one of those necessary occupational requirements of the shipping profession. The life of a maritime professional is ever stressing with all the frequent traveling always to reach destination ports. You will constantly be dealing with new sets of customs, rules, and traditions every time you visit a new country. An immigration lawyer Toronto can offer reliable services if you are a frequent seafarer who loves visiting Canada.

A lack of common sense, as well as the inability to ensure that you take precautionary measures, is perhaps, one of the main reasons why you hear seafarers travel to new countries and join ships. Some of the common problems that you can run into as a seafarer while traveling to a foreign country have been explained below.

1. Loss of important documents

One of the terrifying situations that you can experience in a foreign land is losing your important documents. Official documents act as your identity whenever you are traveling from your native country, and for this reason, they need always to be safe and accessible every time you may need to present them to any authority. In this case, you can take many photocopies of these important documents that you can use if you misplace or lose your original documents. You can file a report to your agent if you lose your documents in a foreign country. Identification documents are important when dealing with the immigration department, especially the Canada immigration officials.

2. Missing flights

There are times when you will have to make a lot of connecting flights to reach your respective ships or when you are trying to return to your homeland. Sometimes you may end up missing your flight due to various reasons. In such a case, you need to contact the respective airport administrations the way forward immediately.

3. Stolen or lost luggage

Stolen or lost luggage is usually a widespread occurrence at the airport that can happen to anyone. If such a thing happens to you, you need to file a complaint with the airport authorities. Doing this helps a lot as the airline can find your luggage for you and delivered to your agent who will then deliver it to you.

4. Security check problem

There are times when you find a seafarer being detained and, in some cases, even jailed for not following the rules and regulations of an airline. These rules apply differently on different countries; individuals with Canadian citizenship will have different rules from those with Chinese citizenship. You need to know that different airports have different sets of rules and regulations. For this reason, you need always to be knowledgeable of these rules and regulations whenever you visit new countries and airports.

5. No agent to pick you up at the airport

You may end up at your destination on time but end up being stranded when there is no agent to pick you up. In such a case, you need to stay put and wait for the agent to turn up. If not, you can call the contacts you have been provided to follow up.

6. Immigration problem

You must never forget to check your documentation and ensure that everything is to avoid immigration problems that may end up delaying you at the airport. Keep your passport and seafarer’s document safe and in excellent condition as well. Immigration problems can be sorted by immigration lawyers.

7. Accidents or injury

As rare as these may be, they do occur sometimes. In some cases, the authorities may not be able to identify you if you get injured in a foreign land. Always keep photocopies of your identity card and pictures with you while traveling just to be safe.

Top 4 Tips on Employee Protection Laws

Recent statistics reveal that provincial employment law protects about 90% of Canadian workers .Unlike in the U.S power to make laws in Canada is divided between the federal and the provincial government. Below are several tips on employment according to the Canadian law.

Employee’s employment laws

1. Government protection bill of rights

The Canadian bill 12 that protects employees states that all employees under the bill of rights are entitled to fair treatment and indiscrimination. The provincial law ensures equal rights and job opportunities are provided to all employees without any form of discrimination. Among the prohibited discriminations are based mainly on color, sex, disability, gender, marital status, and ethnic origin just to mention a few.

The employment law in Canada in conjunction with the right to equal treatment not only covers employee’s discrimination but also offers protection to unfair treatments, unfair dismissal, and other layoffs. In addition, the law ensures fair treatment by prohibiting any form of discrimination. Further, employers are provided with a law that regulates ill treatment of workers whether indirect or direct.

2. Minimum employment standards

In any given employment, there are certain standards that are introduced to ensure the protection of employment rights is solidified. These standards mainly constitute of notice of termination, working hours, and minimum wage payments. Besides these, the minimum employment standard requires the involved parties to exercise their duties in a fair method in order to avoid workplace issues. These issues are mainly because of wages, poor working conditions, unfair treatment just to mention a few.

3. Agreements on employment

It is always important for any employee to consider signing an agreement form before undertaking any form of employment. This agreement should constitute of several key factors such as the duration of work, which can also be in form of a contract. In addition, the employee should ensure the agreement constitutes the rules and regulations and what will happen if what is stated is not followed. Further, the services of an intermediary such as an employment lawyer are necessary in ensuring the process is in accordance to the law.

Finally, after all the key factors are statement in the agreement and both parties agree to the stated agreement, both parties including the lawyer are required to sign. This form of agreement is necessary in case of a dispute since both parties will rely on the working agreement as the determining factor. In accordance to the Canadian law, breaking a working agreement is punishable as it violates the working conditions. The Whitten & Lublin website may provide additional insights if you need more information.

4. Termination of employment

In any given workplace where rules and regulations apply, work issues are inevitable. Occasionally, employers call off their workers due to misconduct or wrong doings such as theft. However, in accordance to the Canadian law an employer is required to follow the right termination procedures. This procedure however includes certain consideration factors that determine whether termination was wrongful or just. Consequently, one of the determining factors is as shown below

Cause of job discontinuation

Majority of employers discontinue their workers without any formal protocol. As a result, termination is often termed as wrongful termination or unfair dismissal. This is because the cause of termination was not properly stated and that work rights were not properly exercised. According to the Canadian law, an employer is required to provide with a notice of dismissal prior to dismissal.

Additional employers are required to provide strong supportive evidence, which should be followed by a legal dismissal protocol. Normally, the Canadian law requires an employer to provide a minimum period of one-week notice. Failure to this, the employer is treated guilty on misconduct and failure to follow the law.

4 reasons you need a medical expert witness

Medical malpractice cases are complex. As such, proving negligence is an intricate process. This is why you need a medical expert witness. A medical malpractice experts witness can help add credibility to your case. Here are 5 reasons to consider using a medical expert witness.

1. Expertise and experience

Historically, the medical opinion of medical expert witnesses has been held in high regard. In a malpractice lawsuit, the testimony of a medical malpractice experts witness helps to give clear and factual details about the case. This is especially helpful in complicated medical cases where the jury or the judge may not be well informed. Expert witnesses also bring light into a matter. They break down the complex medical jargon to the judge, and this enables the judge to make an informed decision.

2. Credibility

The judge and the jury rely on the witness testimony in making a judgment. If a medical malpractice expert witness is testifying on your behalf, this adds credibility to your case. Otherwise, you will be making claims about your injuries which may not be valid in the absence of an expert witness. While it may be expensive to hire medical malpractice experts witness, they can make or break a case.

3. Fair and reasonable settlements

If you or a loved one has suffered medical malpractice, you aim is to get a reasonable and fair settlement. It is important to remember that insurance companies are driven by profit. As such, they will always try to pay the least possible amount. The presence of a medical witness is an indicator that you have a strong case. Once the insurance company is in the know that you have an expert witness, they are more obliged to settle faster and offer a better settlement. They will also want to settle the case out of court. There is a great source of information available on the JD MD Inc website.

4. Professional insight

A medical malpractice can have far-reaching consequences than what is currently visible. Administering a wrong treatment or cases of wrong drug interaction have a huge impact on the patient. While you may have a lawyer who will argue your case, he may not be able to make a connection between the malpractice and how it affects your health now and in the future. Today, there is a rise of new diseases and new strains of diseases and medical conditions. The best person to articulate this information in a court of law is a medical expert witness. Their professional insight can help give a clear perspective.

If you are contemplating on hiring medical experts witness, you stand to benefit a lot from their professional insight and medical expertise. The general trend is that victims who use medical expert witnesses receive higher settlements.

The Information Your Personal Injury Lawyer Will Want to Gather About Your Accident

Talking with a personal injury lawyer right away after your accident is the right move. If you incurred serious injuries and pain and suffering in the accident and it wasn’t your fault, you’ll want to receive damages from the at-fault party. This can only be done by filing a personal injury case with an attorney. Once you meet with them, they’ll want to gather the following information and evidence.

1. The basics

First, they’ll need to know where and when the accident happened. Tell them how you remember the accident happening, and don’t leave anything out. If you think of it, at the scene of the accident, take notes for yourself. You’d be surprised how much you forget once a few days or weeks go by, and it’s a good idea to have a first-hand, at-the-moment account of the accident.

2. Photographs from the scene, including all involved vehicles and injuries

Your personal injury lawyer will also want to have photographs from the scene. If you can, take photographs of your injuries or any other injuries in your passengers. You should also photograph the cars involved in the accident and the entire scene from different angles. Don’t let anyone tell you that you cannot take photos at the scene of the accident.

3. Eyewitness accounts from people at the scene

Passengers in your car or any other eyewitnesses who saw the accident should be spoken to as soon as possible. Get their accounts of what happened, and get their full names and phone numbers so that you can also contact them later if necessary.

4. Police reports

The police officer who responds to the car accident must make a police report of the incident, and you are allowed to have a copy of this. Ask for one as soon as possible.

5. Medical reports

You are also allowed to have any copies of medical reports made by emergency medics at the scene. These may be useful later for your personal injury lawyer. You should also get medics’ names and phone numbers in case you need to talk to them later as witnesses or experts.

Making an Appointment With a Personal Injury Lawyer

If you have recently been in an accident that was not your fault, any pain and suffering or injuries that you incurred may be able to be returned to you. But starting this process means talking to a personal injury attorney at a personal injury law firm in your area as soon as possible.

Make a consultation appointment with an experienced and trained lawyer in your area as soon as you can to learn more about how they can help you win your case and get you the legal compensation or settlement you deserve. Visit Preszler Law and learn more information from the available resources.

Personal Injury Law – Discouraging Scammers By Using The System Correctly

In recent years, many individuals started to value money over honesty and integrity. Scams and schemes are becoming more prevalent, and hard work is becoming a thing of the past. It is a sad situation because no one ever really benefits from a scam or a scheme. The scammer may get away temporarily, but the law will catch up to them eventually. The true victim in any scam is always the person who tries to do the right thing, in a personal injury scheme, the victims are judges, lawyers, court workers, and anyone else who loses precious time.

Double-Dealing Legal RepresentativesUnfortunately, scammers are not the only individuals with a lack of compassion. Legal representatives are moving towards the dark side also, and many are very comfortable in this space. The unscrupulous lawyer always existed, hence the term ambulance chaser. These are the individuals who should be helping us with our issues, but they’re chasing the almighty dollar instead. Some lawyers are shamelessly representing criminals just to advance their careers. This is why scammers and schemers can exist in a world where law and order should rule.

The Results of Helping Scammers

When any scammer receives sympathy from an attorney, it truly encourages them to break the law. They tend to gravitate towards personal injury scams because these are easy to plan and carry out. Once the culprit finds a vulnerable business or property, they can easily orchestrate a slip and fall scenario. They may place a slippery substance on the floor, or they may purposely trip on a flight of steps. Without a good camera or security system in place, no one can justly accuse the scammer of fraud. They will have the right to file a lawsuit, and they will also have the right to hire a personal injury lawyer.

Reputable Personal Injury Lawyers

In all fairness, a personal injury lawyer works on a commission basis. If they refuse work often, their business may suffer from a lack of sufficient capital. Lawyers who are not aware of their client’s habits are just as innocent as everyone else. They are not part of the problem unless they choose to assist a person who has a long criminal history.

Preferred Schemes for Fraudsters

Slip and fall scams are not the only tricks preferred by fraudsters. They will also use hit and run accidents, false restaurant complaints, and workman comp scams. If the opportunity arises, they may make false claims against a product so they can possibly sue the manufacturer. Their complaints are usually null, but they eagerly play the numbers game until they see a return for their efforts.

Using The Courts Properly

As regular citizens, we may never be able to stop scammers from creating bad scenarios. What we can do is set a good example by using the legal system correctly. Only hire reputable personal injury lawyers, and never use the courts to receive a settlement by making false claims. Each time an honest person uses the system correctly, the scammer has a tougher time planning their next scheme. Additional resources can be found at Preszler Law Firm.

How to Handle Getting a Speeding Ticket

Hopefully, you will never get a speeding ticket. However, if you do get one, it is important to know what your rights are as it relates to fighting your speeding ticket. You should also understand what could happen if the ticket isn’t paid or if you don’t respond to notices from the court.

Steps to Take Immediately After Getting a Ticket

As soon as you get the ticket, you should review the charge and the reason why you received it. It is also a good idea to find out who actually pulled you over and gave you the ticket. On the back of the citation, it should tell you how you can pay it or how to go about contesting it. You generally have 14 days or so to respond, so make sure that you do so as soon as possible.

How to Contest a Speeding Ticket

If you plan on contesting the citation, you can check the not guilty box on the ticket and send it back by mail. Alternatively, you could plead not guilty during your court date. It may also be a good idea to look into continuing your case. This is because the officer who pulls you over must be at the court date so that you can ask him or her questions as part of your defense. Court dates can generally be postponed for a variety of reasons such as a conflicting work schedule or an illness.

A Plea Bargain May Be Possible

As with any other case, it may be possible to have the penalties associated with your citation reduced. Instead of pleading guilty to speeding, you may be given a citation for failure to use your flashers or for littering. While this will still go on your record, it may have less of an impact on your insurance rates, and it will result in a lower fine that is easier to afford.

What If You Don’t Respond to the Citation?

If you don’t respond to the citation within the period of time on your ticket, you could face additional fines or a license suspension. In some cases, you could spend time in jail for failing to pay your fine and any other penalties that you accrued for failure to respond. Therefore, it is in your best interest to respond as soon as possible or have your attorney respond as soon as possible.

Although a speeding ticket is a relatively minor infraction, it can become a serious matter if you don’t take care of it. Most jurisdictions allow you to pay online by credit or make installment payments, which means that you should address the matter even if you need time to pay your fine.

Criminal Defence and Trends in Drug-related Cases in Canada

According to the Canadian Centre on Substance Abuse, the costs to the Canadian justice system of crimes associated with substance abuse if about $2 billion annually. Because of this reality, and the additional costs to society more broadly, Canadian provinces remain stringent when it comes to prosecuting drug offenses. Because of this, a person charged with a drug-related offence must have a comprehensive criminal defence mounted by a skilled criminal lawyer.

Criminal Lawyer with a Specialization in Drug-Related Crimes

Criminal penalties in drug cases are severe in Canada. There exists a cadre of criminal lawyers that focus their practices in providing solid representation to individuals specifically in need of criminal defence arising from drug charges.

The criminal bar is even bar is even more specialized in this day and age in Canada. Criminal defence attorneys focus on representing clients charged with white collar crimes, drug cases and even offenses involving assault, battery and homicide.

In recent years, a large percentage of the criminal defence bar in Canada has dedicated itself to drug cases. Absent a change in sentencing laws in Canada, the trend towards even more lawyers focusing on representing clients in drug cases is expected to continue apace into the future.

Associated Criminality

In addition to an increase in the drug crime defense bar, an increasing number of attorneys are involved in representing clients involved in associated criminality. These types of crimes mostly involve in theft charges. However, there are also an increasing number of cases involving assault, battery, and homicide that are associated with drug charges.

A significant number of theft crimes are committed in the country by individuals in need of money to fuel their drug habits. In addition, there is a considerable percentage of violent crimes committed in cases involving drug sales and related types of conduct.

Proactively Retain a Criminal Lawyer

Another trend in Canada is a surprising number of individuals who dally when it comes to retaining counsel in certain types of drug cases. This is particularly notable in cases involving the illegal possession of drugs.

The reality is that a person charged with any type of crime puts his or her rights and interests in jeopardy when he or she fails to retain a criminal lawyer in a prompt, proactive manner. A person needs to retain legal counsel directly after being charged with a crime. In addition, if an individual discovers that he or she is being investigated for a crime, he or she must take immediate action to retain legal counsel. That individual must never submit to questioning with law enforcement without the adept assistance of a lawyer skilled in criminal defense. You can find a lot of helpful online resources available at Donna V. Pledge.

The Basics of Personal Injury Law

The simple fact of living on this planet is that mishaps are commonplace, especially in the workplace these days. An accident is going to happen at one point or another, whether it is due to the negligence of the employer or an employee who was simply not paying enough attention to their surroundings. Whatever the case may be, hiring a personal injury lawyer should be the very first step most take after experiencing an injury.

You see, a personal injury tends to be followed by medical bills, loss of work income, and quite a bit of stress to handle. For normal people, such stresses are not easily dismissed.

What is a Personal Injury Case?

A personal injury case generally follows a legal dispute between one person who was harmed during an accident or injury, and against someone who may have been legally responsible for said harm occurring. In most cases, this is an employer and employee or a customer and a store. Such cases become formalized within a court of law, where one party will be found legally at fault for their actions, or lack thereof, and be forced to pay a damages award to the injury party.

  • Formal Lawsuit – A formal personal injury case generally begins when a single individual files a “complaint” against a person, business, or government agency, claiming they were careless or irresponsible and led to the accusing party’s injury. This is simply known as filing a lawsuit against the other party.
  • Informal Settlement – An informal settlement will occur following a dispute over who is at fault for an accident or injury, but is resolved through an early settlement, which is an informal meeting. One side generally pays out a sum of money to the injured party to prevent the case from entering a court room at any time in the near future.

Viable Cases

In order to determine whether or not your own personal injury case is viable for a court or not, one should always begin by speaking with a personal injury lawyer. Most professional lawyers will offer some form of a free consultation to discuss the matter and see how they may help your situation should you decide to hire their services. If the accident has impacted your life in an overly negative manner, an experienced attorney will help you pursue a lawsuit to help pay for the damages and loss of income due to the accident in question.

Hiring a personal injury lawyer is mainly a matter of personal opinion. Some feel they can settle out of court, more often than not. When this does not work, however, hiring an attorney who specializes in personal injury law is more than beneficial. If you would like more information, Futerman Partners LLP has additional resources available.

Patient Rights and Interests in a Medical Malpractice Case

Medical malpractice is the third leading cause of death, according to the Journal of the American Medical Association. Tens of thousands more people are injured because of medical malpractice annually. A person injured because of the negligence of a healthcare provider needs to have an essential understanding of his or her rights and interests.

Types of Compensation in the Aftermath of Medical Malpractice

The reality is that malpractice and negligence by a healthcare provide can cause profound, life-altering injuries to a person. Consequently, an injured person typically is entitled to compensation for an array of different types of losses.

Medical bills tend to be significant in a medical malpractice case. An injured person is entitled to compensation for incurred medical costs. In addition, an injured person is entitled to compensation for future medical expenses that reasonably can be anticipated.

In addition to medical expenses, an injured person is entitled to compensation for pain and suffering. As is the case with medical costs, compensation can be available bot only for current losses but also for pain and suffering reasonably expected to be experienced in the future.

Oftentimes, following an incident of medical malpractice, a person is not able to return to work. Time of work may end up being quite expensive. Therefore, an injured person is entitled to compensation for current and future lost wages.

Punitive Damages in a Medical Malpractice Case

If the conduct of a healthcare provider is particularly reckless, a court may order payment to the injured person of punitive damages or compensation above and beyond that for specific losses. This is designed in part to punish the wrongdoing for particularly egregious conduct.

The Right to Legal Representation

A person injured because of the malpractice of a Toronto healthcare provider has the right to retain the services of experienced malpractice lawyers Toronto. The process of engaging the services of experienced malpractice lawyers Toronto begins by scheduling what oftentimes is called an initial consultation.

An injured person should not delay in engaging the services of a medical malpractice attorney. Legal representation is advisable early on in the claims settlement process to ensure that an injured person’s rights are protected during the crucial early stages of a claim.

During an initial consultation, malpractice lawyers Toronto evaluate the facts and circumstances of a particular case. They respond to questions of a potential client and describe possible strategies to obtain compensation for injuries and losses. There typically is not cost for an initial consultation with a malpractice attorney.

When Should You Contact a Criminal Lawyer?

A criminal lawyer is a person who looks out for people whom the authorities charge with certain offenses. This person acts like a confidant, a protector and a negotiator for all people who accept his or her services. You may be struggling with a decision of whether you need to hire such an attorney. The answer is affirmative in most cases. A conviction for any criminal charge will leave you with a record that will tarnish and try to destroy every move you make toward getting a job or securing a place to live. It can even corrupt your relationship with your friends and family members. The following are some examples of times when you should contact a criminal defense attorney:

For DUI Charges

Driving under the influence of drugs or alcohol is an offense that can hit you so hard that it will take years for you to recover. You can end up spending time in jail. Secondly, the fines that you have to pay could wipe you out financially. Thirdly, your insurance rates will end up skyrocketing, and it will be difficult for you to afford the coverage. Lastly, your friends, family members and associates may look at you differently.

For Drug Charges

You will want to hire a criminal defense attorney if someone accuses you of possessing drugs or planning to sell them. A drug charge will affect you for many years of your life. You can also spend a significant number of years behind bars as a result of the conviction. An attorney can hep combat the charges as well as bargain for a lesser punishment if you end up with a conviction.

Domestic Violence and Assault Issues

Domestic violence and assault issues require the assistance of a dedicated criminal law attorney. A conviction for domestic violence can end with you having to abide by a restraining order. You can have difficulty obtaining another job after you serve your sentences, as well.

Grand and Petit Larceny

You can spend anywhere from six months to more than five years in jail if you receive a conviction for larceny or theft. An attorney can review the case specifics and try to find a way to remove you from this permanently dangerous situation. The lawyer can try to have the charges reduced for you, as well.

Schedule an Appointment Today

You can receive assistance from a criminal defense attorney by scheduling an appointment today. The consultation is a 30-60 minute meeting during which you provide the attorney with details about your case. The attorney will let you know your options, and you an hire that person straight away. Protect yourself immediately by hiring an attorney right now. For additional resources, visit the Aswani K. Datt website.

How To Write Effective Incident Reports As A Security Guard

Part of security guard management is reporting incidents in a proper fashion. Many people may not understand how to do this. However, here are some tips to help security guards write out effective, professional incident reports.

1. Be Detailed.
This can not be overstated enough. Detail is the key in writing a proper incident report. Make sure to include the who, what, where, when, and why in your report. And make your answers to these questions as detailed as possible. Describe the incident in full detail. Describe the people involved in the incident in full detail. Also, describe your interaction with the people in the incident in full detail. You’ll be surprised how often those details become helpful later.

2. Proofread
It might have been awhile since you’ve taken an English class. That’s fine. But proofread what you can. In your spare time, you might even want to brush up on some common grammatical errors. Use the tools in front of you, too! Are you typing out the incident report? Most word processors will have a SpellCheck feature that can help you identify and correct misspelled words. It won’t help with all problems, but it’s definitely a start!

3. Learn Your Software
You most likely have incident reporting software at your disposal. In fact, you’re probably required to use this software to enter in information on all incidents. Learn to use it, and learn to use it well. If you can, play with different features in your spare time. Also, ask for help from people who are more experienced with the software. They may be able to show you tips and tricks that you were unaware of previously. Lastly, if you don’t feel confident using the software, request more training so that you can utilize it properly.

4. Follow the Rules
In your training, there was surely a large portion devoted to how to handle incidents. There were surely some very clear do and do nots. Remember this training, and follow these rules. The rules will vary with different companies and at different settings, but they are in place for a reason. Not following these simple rules can result in a lot of problems for higher authorities. It could also result in punishment for you.

Once you’ve mastered you’re incident management system, brushed up on your grammar, and memorized the rules, you’re going to be able to write exceptional incident reports. Remember, this is part of your job. Do your job well.

The Canadian Process Of A Medical Malpractice Case

When a Canadian feels they may have been the victim of medical malpractice, they need to contact a lawyer. Symptoms may happen months or years after the medical treatment occurred. A medical malpractice lawyer will be able to examine the facts of a case and determine its value. These medical malpractice experts are able to guide a person through the entire legal process of getting compensation for damages.

Second Opinion
It’s important for a person to obtain a second medical opinion concerning their condition. A medical malpractice attorney will know specialists who can provide a second opinion. This will establish if a physician has done everything a reasonable physician would do to treat a patient with a similar medical condition.

Limitation Date
An attorney needs to file a lawsuit prior to a limitation date. There is a limited time for lawsuits to be filed against a medical professional for malpractice. It is covered in the Limitations Act of 2002. If some time has passed between medical treatment and the time a person notices something wrong, they need to contact a lawyer. They will know how to avoid missing the limitation date.

Canadian Medical Protective Association (CMPA)
The next step is to negotiate with CMPA. All licensed medical professionals are required to have malpractice insurance through CMPA. Their goal is to avoid paying claims. If a court finds a medical professional guilty, their goal is to pay the least amount necessary to settle the claim.

Pre-Trial Examinations
Up to 12 months after starting a lawsuit, each party to the lawsuit will be examined under oath by the lawyers from the other side. Lawyers for the plaintiff will try and provide evidence the medical professional did not follow proper procedure. The defense will try and show the plaintiff suffered no damages.

Document Exchange
Each lawyer must then provide documents relevant for the case to the other side. This could include things such as physician notations, witness reports, medical records, financial statements, income tax returns, evidence of lost income and more.

Trial Date
After all necessary documents are exchanged, the attorneys from both sides will discuss the options for a trial date. An out-of-court settlement will also be discussed. A person’s condition and symptoms must be taken into consideration. It could influence the court award if a trial is done too far into the future.

If a settlement can’t be negotiated prior to the trial date, the case will go to court. During the trial, the court will be presented evidence to show a medical professional was or was not at fault for the damages experienced. A medical expert witness, such as a doctor and other medical professionals, may be asked to testify. When the trial is over, a judge or jury will determine if the medical professional was at fault and the amount of damage the plaintiff suffered.

How a Debt Collection Lawyer Differs from a Collections Agency

If you’re a creditor who needs to collect on an outstanding loan or a debtor who’s been hassled by collectors or otherwise treated unfairly, then you may require representation. Representation is often provided by debt collection lawyers. These attorneys can represent both creditors and debtors, can handle complex credit collection scenarios, such as bankruptcies and commercial litigation, and differ considerably from the collection agencies that commonly represent creditors.

Collection Agencies as Representatives

A collection agency’s primary purpose is to take on the role of debt collection from a creditor who hasn’t been paid on the original schedule agreed to. Such agencies provide a valuable service because they adhere to debt collection laws and regulations and let the creditor focus on its core role as a lender. These agencies are often paid on commission, which is a percentage of the debt collected.

Collection Agencies as Debt Buyers

Alternately, a collection agency can be a debt purchaser. In this scenario, the agency agrees to purchase delinquent accounts at a discount. The creditor gets the benefit of money right now, and the agency is investing in the potential return. If the agency collects more than it paid for the accounts, it profits.

Debt Lawyers as a Debtor Representatives

As mentioned in the opener, debt collection lawyers can represent either creditors or debtors, but in practice, these lawyers tend to specialize in one side or the other. As a representative of a debtor, these attorneys can fight for the rights of a client who is being harassed, and they can negotiate a deal that is in the interest of the creditor while be financially practical for the borrower.

Debt Lawyers as a Creditor Representatives

Debt collection lawyers who represent creditors often do so on a large scale. In other words, they don’t attempt to sue individual private creditors because that process usually costs more than is worthwhile. Instead, they focus on commercial litigation, such as representing a client’s interest when a client business goes bankrupt or attempting to collect on large commercial accounts that have become delinquent because of a dispute or other business and market factors.

Why a Creditor May Choose a Lawyer over a Collection Agency

Choosing between a collection agency and a debt collection lawyer usually comes down to how much the principal is and how likely the debt is to be collected. If a commercial account represents a large portion of an organization’s business, then commercial litigation makes sense. If an account is small, it usually makes more sense to reclaim as much principal and interest as possible in a short time frame.

Elliot S. Birnboim is a lawyer at the firm of Chitiz Pathak LLP in Toronto, Ontario. He serves clients in Toronto, Mississauga, Brampton, Milton and elsewhere in the Greater Toronto Area (GTA) providing collections work across Ontario.

Why Corporations Need A Good Lawyer


Searching for an estate lawyer may seem like a difficult task, but there are several resources you can use to find qualified lawyers. Your financial adviser is a great source of information for you to find a qualified lawyer in your area. If you have an accountant, then this is another source of information for a lawyer referral.

An audit committee combines experience, intellect, backgrounds and specific skills that oversee the financial reporting process of a corporation. The corporate law states that publicly traded companies that are listed on the stock exchange have at least three independent directors on the audit committee. The audit committee ensures the corporation follows regulatory compliance policies.

A business lawyer is often needed when there are hard questions to ask the chief financial officer. The presence of independent oversight of management lowers perceived risk for the company. It is important that a corporation avoids choosing committee members who have a direct financial connection to the company.

Financial experts should have an understanding of generally accepted accounting principles and financial statements. They also should have experience accruals, reserves and estimates in connection with accounting. Financial experts should also have experience with complex accounting issues. Lastly, they should have an understanding of audit committee functions.

Going Public

If you are a business owner, you may reach a point where you wish to obtain capital from investors instead of borrowing from lenders. There are many advantages to going public including continued growth with additional capital. A successful public offering may also improve net worth that also increases credibility and financial leverage with lenders. Going public can also enhance a company’s prestige by increasing its visibility within the business community.

The main disadvantage to going public is the diminished control of the company. Another drawback is the cost of going public. The cost could be between $50,000 and up to $250,000 for underwriter commissions, printing, attorneys, accountants and filing fees. Public corporations must undergo an extensive auditing process that disseminates information for their shareholders.

Factors to consider when deciding to go public include industry market conditions, financial and legal considerations. A consultation team should be made up of legal counsel, investment bankers, underwriters, selling agents and independent accountants. Securities law is complex and nature and requires an experienced attorney as an indispensable team member of any successful public offering.

The lawyer will ensure that your company adheres to all relevant regulations and laws. An experienced lawyer will also advise changes to contracts and file necessary documents that complete the company’s transition from private to public standing. An accountant also plays a significant role in a public offering. The accountant works closely with the lawyer during the registration process. Bridge financing may be needed from a banker.

What You Should Do If You’ve Been Involved In A Motor Vehicle Accident

Things can get messy when an accident occurs. At that moment, you are likely to experience mixed emotions that might cloud your judgment. Therefore, you must know what to do immediately an accident occurs to prevent you from making mistakes that can worsen the situation. In this post, we will show you everything you need to do after an accident.

Don’t Leave the Scene

Never leave the scene of the accident unless the police allow you to do so. In many states, especially Toronto, you can attract serious penalties and even a jail term if you leave the scene inappropriately. It’s even worse when you hit a person.

Check on Everyone

Before you think of the damaged car, check the other driver, passengers or pedestrians involved. Make sure they are in good shape. If they’re not, call an ambulance immediately, as you wait in the car. In order to do this perfectly, secure the scene if you can to prevent people from tampering with any crucial evidence.

Call the Police

Call the police, particularly when there are serious injuries, damages or death. Make sure the police file a comprehensive report about the accident. Request for the names of the officers in charge in situations where they arrive in large numbers.

Exchange Information

In situations where the accident involves many people, get their names, driving license numbers and vehicle details. Take some time to interview the drivers and know their side of the story. However, don’t say anything that can show that you admit liability. Make sure you also cooperate and give accurate information to both police and other people involved in the accident.

Take Photos

Take pictures of the vehicles with a camera or a smartphone. If you happen to have injuries, take pictures as well. The pictures will most likely give more evidence of what happened and the severity of the accident. Make sure you don’t interfere with the work of the police while doing this.

Notify your Insurance Company

You should inform your insurance company immediately after the accident. Be honest and tell them clearly what happened. If an insurance company discovers that you are lying, they can sue you with committing an insurance fraud. Don’t forget to mention the extent of damage and injuries since they are crucial determinants of your compensation.

Hire an Attorney

If you suffer injuries in the accident, consider hiring a personal injury attorney to help you maximize the insurance claim or your defense in court. If you live in Toronto, hire only experienced personal injury lawyers Toronto for quality service. Luckily, most personal injury lawyers receive their payments after you get compensation for the injuries. Therefore, you don’t have to worry about lawyer fees.

The aftermath of an accident can be rocky if you don’t act appropriately. The tips given above will help you know what to do after an accident. If possible, make a short list of the guidelines and pin them at a strategic place in your car.

Stay out of Canada if you drink and drive!

Canada is no place to be charged with criminal driving under the influence of an intoxicant (DUI), “Operation while impaired” in the language Section 253 of the Criminal Code of Canada. Under Section 255, mandatory penalties are a $1,000 fine for a first and 30 days of jail time for a second offense. Impaired drivers who cause personal injury may be sentenced to ten years in jail, life in jail if they cause a death. The federal government imposes these penalties; the provinces and territories suspend driver’s licenses, in Ontario automatically for 90 days after arrest, for one year after conviction, and restoration is not automatic at the end of the year but subject to completion of a remedial measures program and payment of high fees.

Defendants have few options. First offenders may try for case diversion by what the Canadians call “alternative measures,” other defendants fight the charges in trials, and the rest, the majority, negotiate guilty plea agreements for reduced penalties. It is often recommended to seek advice from an experience DUI lawyer Calgary to help with this process.

Alternative Measures

Sections 716–717 define alternative measures as those other than judicial proceedings not inconsistent with the protection and interests of society and the victims of offenses. There is no nationally uniform alternative measures program. Policies vary by province and territory and even by provincial or territorial region. In Ontario, each courthouse has a different diversion program and eligibility requirements. One constant for eligibility is prosecutorial consent. The Crown Attorney’s office always ultimately determines the defendant’s eligibility, and prior encounters with law enforcement are usually cause for ineligibility even if there were no formal criminal charges.

Generally, alternative measures are for lesser offenses with considerable variation across the country. In Quebec, all offenses are eligible for consideration for alternative measures. Other provinces and territories expressly exclude drug and impaired-driving offenses. The decision to include or exclude offenses for consideration usually reflects the needs of the jurisdiction but in any event is in essence not mandatory but discretionary for the prosecuting authority. Defendants always should pursue this option, for what’s to lose? A skilled, experienced criminal defense or DUI lawyer can present to the prosecutor a persuasive case for alternative measures. It is not necessary for the defendant to have assistance of counsel to request consideration, but the advantages of this approach are so obvious that only foolish defendants would not employ if in any way possible.

Once in the alternative measures program, the defendant’s tasks might be personal service or financial compensation to a victim, community service, attendance at educational sessions, personal or written apology, or essays or presentations related to the offense. After completion of the program to the prosecutor’s satisfaction, the government recommends to the court dismissal of the criminal charge.


Defendants deemed ineligible or unsuitable for alternative measures should not abandon all hope. A clever criminal lawyer can select from the facts of any case a basis for a theory on which to extend the legal presumption of innocence and on that theory raise arguments for acquittal. Defendants do well to recall that every burden of proof is on the government and that a strategy that merely attacks and discredits the prosecutor’s evidence to the point where it cannot support a conviction in the mind of a fair-minded juror is perfectly proper under the law.

Pulled over while driving, the defendant is taken to the police station for testing that reveals blood-alcohol concentration. The government has to prove blood-alcohol concentration at the time of driving, not at the time of testing. How do they prove that the defendant was over the legal limit at the time of driving? The most common method is by use of a “presumption back” to the time of driving, an evidentiary shortcut in impaired operation practice. If unable to rely on the presumption back, the government cannot prove its case. As an example, a pre-condition for the presumption is that the police administer the testing as soon as practicable. In many cases, from the arrest to the testing there is a substantial period of time for which the government lacks evidence to explain. Without this evidence, the government may not be able to demonstrate timely testing for the presumption back, without which it cannot prove blood alcohol concentration at the time of driving.

Win or lose, the defendant who fights for legal rights has more time and opportunity to make with dignified, respectful conduct a favorable impression on the prosecutor and the court than does the defendant who pleads guilty. Of course, the conscientious criminal defense lawyer will do everything possible for the defendant in either case.