Personal Injury Law

Auto Accident

Being involved in a motor vehicle accident (MVA) is life-changing. You may be plagued with permanent, chronic injuries that affect your ability to resume your activities of daily living. Whether you’ve sustained a concussion, fracture(s), ligament tear(s), or even a commonly diagnosed whiplash injury, victims should seek reputable legal representation immediately to ensure that their rights are protected. The team at Brar Tamber Rigby will explain your rights in simple terms and battle the insurance company and at-fault party to obtain the compensation that you deserve. We work diligently to ensure that our clients are provided with personalized representation to eliminate their stress and allow them to focus solely on healing and recovery. Your initial consultation is always free of charge, and you won’t owe us a fee until your case is resolved. If you’ve been involved in an MVA in the province of Ontario, whether you were a driver, passenger, cyclist, or pedestrian, you have the option of submitting a claim for Accident Benefits and/or a claim for damages against the at-fault party. The legal team at Brar Tamber Rigby understands the complexities of navigating through these claims. The laws regarding motor vehicle accidents continue to change, which is why it’s even more imperative for you to choose a reputable Personal Injury Lawyer.

COMPENSATION Accident Benefits Claim (No-Fault) Under the laws of the provincial government, the Statutory Accident Benefits Schedule (SABS) mandates that all insurance companies in Ontario provide reparation for injuries. If you have been injured as a result of an MVA, you have the legal right to submit a claim for accident benefits, regardless of who is at fault. These benefits include:

• Medical/Rehabilitation Benefits
• Income Replacement Benefits
• Non-Earner Benefits
• Attendant Care Benefits
• Housekeeping and Home Maintenance Benefits
• Caregiver Benefits
• Other expenses

You must consult with an experienced attorney to determine your eligibility to receive the foregoing benefits and to ensure that they are immediately paid following an accident. Tort Claim (At-Fault) An individual injured in an accident can pursue a claim against the at-fault party for various types of damages, including:

• Pain, suffering, and loss of enjoyment of life
• Loss of past and future earnings as a result of an inability to work or compromise in the workforce
• Future care costs for medical treatment and attendant care
• Housekeeping and homemaking services

Ontario’s legislature continues to make it increasingly difficult to recover damages from at-fault parties. As a result, insurance companies vigorously defend lawsuits on the basis that injured victims do not satisfy the legal requirements to recover compensation. That is why you must contact an experienced Personal Injury Lawyer to advocate for your rights. The litigation team at Brar Tamber Rigby has years of experience and a reputation for relentlessly litigating tort claims to ensure that innocent victims receive the compensation they deserve. To an insurance company, you’re a claim number. To us, you’re living.

Pedestrian Hit Accident

Statistics reveal that over the years, there has been an increasingly high rate of pedestrian accidents in the province of Ontario. It is seen far too often that a split second of inattention behind a wheel can cause an innocent pedestrian to suffer a life of pain, disability, and financial hardship. The result of an impact between a motor vehicle and a pedestrian can be devastating, and can result in serious and catastrophic injuries. If you have been involved in a pedestrian accident, you have the right to receive compensation in the same manner as an individual who was involved in an MVA. You have access to the benefits available through the no-fault system for accident benefits, as well as the right to pursue an action against the at-fault motorist. The Lawyers at Brar Tamber Rigby are adept and experienced in proceedings that involve claims relating to victims who have been struck by a vehicle. COMPENSATION YOU DESERVE Accident Benefit Claim (No-Fault) If you have been injured as a result of being struck by a vehicle, you have the legal right to submit a claim for accident benefits, regardless of who is at fault. These benefits include:

• Medical/Rehabilitation Benefits
• Income Replacement Benefits
• Non-Earner Benefits
• Attendant Care Benefits
• Housekeeping and Home Maintenance Benefits
• Caregiver Benefits
• Other expenses

It is important that you consult with an experienced attorney to determine your eligibility to receive the foregoing benefits and to ensure that they are immediately paid following an accident. Tort Claim (At-Fault) An individual struck by a motor vehicle can be left with long-term pain and suffering, or even permanent disfigurement. If you were not completely at fault, you may pursue a claim against the at-fault parties for various types of damages, including:

• Pain, suffering, and loss of enjoyment of life
• Loss of past and future earnings as a result of an inability to work or compromise in the workforce
• Future care costs for medical treatment and attendant care
• Housekeeping and homemaking services

Call the experienced lawyers at Brar Tamber Rigby today for your free consultation.

Slip & Fall

It is important to know your rights when you slip and fall on someone else’s property as a result of a hazardous condition. It may be a patch of ice or snow that wasn’t properly removed from a parking lot, or a spill of juice that wasn’t cleaned in a supermarket. In either situation, the consequence of a slip and fall accident can be devastating and can impact your ability to carry out your activities of daily living. If you or a loved one has sustained an injury due to a slip and fall, the Lawyers at Brar Tamber Rigby have extensive experience in areas surrounding premise liability and occupier’s liability. Our clients are provided with dedicated and thorough legal counsel to ensure that they receive fair compensation. OCCUPIER’S LIABILITY ACT The Ontario government released the Occupiers’ Liability Act in 1990 to protect person(s) who suffered injuries as a result of a slip and fall. The Act was created to outline the responsibilities that an ‘occupier’ must carry forth to protect the safety of individuals on their premises. There are a variety of settings and circumstances where injuries occur as a result of a slip and fall. The government of Ontario has differentiated between occurrences on public or private property, as well as accidents that occur due to ‘condition of the premises’ or ‘by an activity carried on the premises’. It is important that property owners are diligent in maintaining safety standards that are aligned with the legislation DON’T WASTE ANY TIME If a fall occurs on municipal property, the law imposes strict timelines by which notice must be provided. It is important that you contact a Lawyer immediately so as to satisfy the notice requirements. The team at Brar Tamber Rigby is also equipped with the skills and resources necessary to carry out an immediate investigation of your fall to determine the extent to which the property owner was negligent. COMPENSATION FOR INJURIES If you suffer from a slip and fall accident and sustain injuries as a result, you may pursue an action against the occupier of the premises pursuant to the Occupier’s Liability Act. You may be entitled to damages for:

• Pain, suffering, and loss of enjoyment of life
• Loss of past and future earnings as a result of an inability to work or compromise in the workforce
• Future care costs for medical treatment and attendant care
• Housekeeping and homemaking services

Call us today and speak to one of our experienced lawyers in our Litigation team for your free consultation. It is important that you understand your rights when you suffer from an injury that could have been avoided, had adequate measures and safeguards been in place.

Bicycle Accident

With the same respects to pedestrian accidents, injured persons who are involved in bicycle accidents are also protected under the Highway Traffic Act. A bicycle is considered a ‘vehicle’ and must adhere to strict rules and regulations while sharing the road. However, motor vehicles are still required, by law, to yield the right of way. While the government of Ontario works hard to maintain safe, clean and regulated roads, there are instances where cyclists become victims of collisions or surface hazards. Possible instances that may result in a bicycle accident include:

• Potholes and construction
• Driver infractions (ie- improper turns)
• Impact with parked vehicle that suddenly open door
• Congested roadways and traffic.

Our legal experts at Brar Tamber Rigby have experience working with many unique cases that involve bicycle accidents. If you are the victim of a bicycle accident, it’s important that you know your rights with respect to receiving appropriate compensation for your injuries. You have the right, under the Highway Traffic Act to acquire benefits that include medical coverage and income replacement due to an inability to work. AVENUES OF COMPENSATION Accident Benefit Claim (No-Fault) If you are a cyclist that is struck by a motor vehicle, you have the legal right to submit a claim for accident benefits, regardless of who is at fault. These benefits include:

• Medical/Rehabilitation Benefits
• Income Replacement Benefits
• Non-Earner Benefits
• Attendant Care Benefits
• Housekeeping and Home Maintenance Benefits
• Caregiver Benefits
• Other expenses

It is important that you consult with an experienced attorney to determine your eligibility to receive the foregoing benefits and to ensure that they are immediately paid following an accident. Tort Claim (At-Fault) A cyclist struck by a motor vehicle can suffer from catastrophic injuries. If you were not completely at fault, you may pursue a claim against the at-fault parties for various heads of damages, including:

• Pain, suffering, and loss of enjoyment of life
• Loss of past and future earnings as a result of an inability to work or compromise in the workforce
• Future care costs for medical treatment and attendant care
• Housekeeping and homemaking services

Family Member Claims

If you are injured as a result of a motor vehicle accident, pedestrian/bicycle accident, or slip and fall accident, your family members may have a claim pursuant to the Family Law Act (FLA). The Ontario legislature has recognized for years that losses suffered as a result of an injury extend well beyond the injured victim himself. Often, the lives of an injured person’s spouse and family members have also been irreparably affected as they support their injured family member through their recovery. Family members may have been dependent on the victim’s income, or in some cases, expended/lost money in order to provide the appropriate care or other services for the person. The lawyers at Brar Tamber Rigby understand the devastating impact that an accident can have on an entire family. If you or a family member is injured in an accident, it is imperative that you consult with an experienced Personal Injury Lawyer to explain your rights. The team at Brar Tamber Rigby has years of experience in litigating FLA claims and obtaining fair compensation for loved ones. COMPENSATION FOR FAMILY MEMBERS Compensation may be available to certain family members, including spouses, children, parents, grandchildren, and grandparents. The damages you may claim include:

• Loss of income
• Actual expenses reasonably incurred for the benefit of an injured person
• Travel expenses actually incurred in visiting the person during treatment and recovery
• Where, as a result of the injury, the person provides nursing, housekeeping or other services for the person, a reasonable allowance for the loss of income or the value of the services
• Compensation for loss of guidance, care, and companionship that a person may have reasonable expected to receive had the injury not occurred

Short & Long Term Disability

Many employers offer ‘benefits’ to their employees, which are commonly understood to include physiotherapy, chiropractic, massage, and prescription expenses. However, disability benefits are typically overlooked and ignored. A large number of insurance policies offer benefits for short-term and long-term disability should you be unable to perform the duties of your occupation due to an injury or illness. It is always important to ask your employer if you have coverage for disability benefits in the event that you are unable to work. THE NEED FOR LEGAL REPRESENTATION Unfortunately, even if you do have coverage for disability benefits, you will face significant resistance from your insurer to pay your claim. You may be denied outright or your benefits may cease after a period of time. At Brar Tamber Rigby, we are committed to advocating on your behalf by challenging claim denials and vigorously pursuing appeals. Our team is experienced in litigating against Insurers to effect a reinstatement of your benefits, or settle your disability claim for past and future benefits.

Wrongful Death & Fatal Accidents

Coping with the loss of a family member is one of the greatest hardships that an individual can face. Feelings of anger and frustration can be amplified knowing that the loss may have been preventable. Sadly, the result of someone’s negligence in the operation of a motor vehicle can result in the death of a loved one. The team at Brar Tamber Rigby understands that no amount of compensation can bring back a loved one, or even fill the void in someone’s heart. However, we work vigorously and tirelessly to ensure that the rights of family members are protected when such a tragedy occurs. While we cannot restore a loved one, we help the families of fatal accident victims regain the balance they need to continue living. JUSTICE FOR A LOVED ONE Compensation may be available to certain family members, including spouses, children, parents, grandchildren, and grandparents. The damages you may claim include:

• Death benefit
• Funeral expenses
• Other actual expenses reasonably incurred for the benefit of a deceased person
• Travel expenses actually incurred in visiting the person during treatment and recovery
• Where, as a result of the injury, the person provides nursing, housekeeping or other services for the person, a reasonable allowance for the loss of income or the value of the services
• Compensation for loss of guidance, care, and companionship that a person may have reasonable expected to receive had the death not occurred
• Compensation for loss of financial support from the deceased or loss of shared family income

The team at Brar Tamber Rigby are experienced in dealing with fatality cases. Our personal approach to client interaction combined with our skill in litigating fatality cases makes us a trusted and reliable partner throughout your difficult time.