Anonymous Law Student

If you sign papers because you feel just fine today, what happens if your health deteriorates tomorrow? I know of some people who’ve been in car accidents, and 10 years later their body starts to break down. What recourse do they have?

The Minor Injury Regulations (“MIR”) provide a framework to determine what injures are ‘minor’ by the courts and therefore have damages ‘capped’ at a certain value. Read the rest of this entry »

When you’re involved in a car accident, or really any incident where you’ve been injured, it’s important to protect yourself.

You may find yourself faced off against another’s insurance company. You may also think that your insurance company is on your side. That’s partially not true. The insurance companies see you as profit–as a number. That means they may not always be looking out for your best interests 100% of the time. That’s why it’s prudent to hire an attorney who has the responsibility of thinking about you over the bottom line of the insurance companies. Read the rest of this entry »

Types of intentional torts include:

Battery – unwanted intentional touching
Assault – threat of battery
Intentional infliction of mental suffering
Intentional interference with chattels (theft)
Recklessness

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Remember,

ex ante: the effect that decisions in this case will ahve on future behaviour (punish the tortfeasor).
ex post: ignores future behaviour, observes equitable distance between two parties (compensation of victims).

2 Functions of Tort Courts:

1) Determine Liability: who pays
2) Damages: how much they pay.

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In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:

1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.

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What’s perhaps the greatest asset when seeking adequate compensation for a slip or fall injury? Quite simply it’s pictures. A picture in this case would be worth a 1000 words. Pictures from multiple angles, with measurement tools or comparison objects, close ups, even a landscape shot, there’s no shortage of how many pictures you can take of a scene.

Help yourself build a case by ensuring your ‘evidence’ is substantial. Read the rest of this entry »

We all have to get insurance if we do certain things like drive. Other forms of insurance are ways of mitigating risk, like life insurance or home insurance.

To complicate matters there are a variety of forms of insurance one can purchase to protect the same thing. Life insurance has ‘term insurance’ or the much maligned ‘universal life‘, but there thousands of iterations.

But what happens if you need to make a claim?

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Pleadings function to include written statements of the parties to an action, served by each party in turn on the
other, and filed in court, which set forth in a summary form the material facts on which each party relies in support of the claim or defence, as the case may be.

By the time the pleadings are closed, there will be a precise definition of the issues between the parties.

There are 3 fundamental principles of pleading:
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Generally one has to go through a checklist of issue identification to verify that your legal problem is something capable of starting in Queen’s Bench. that checklist would inclue:

Conditions Precedent (will depend on who you are suing)

Limitations on Right of Action

Suspension of Right of Action

Extinction of Right of Action

All whilst considering: Choice of Venue & Change of Venue

Service of Process – SERVING A DOCUMENT MEANS GIVING IT TO THE OTHER PARTY INFORMING THEM THAT YOU ARE GOING TO SUE THEM.

Most people have heard of whiplash, but few actually know exactly what it is and how severe it can be. Essentially, whiplash is the stretching of the ligaments in the head, neck and shoulders. In medical terms, this is called “hyperextension” or is often referred to as a “sprain”. The most common cause of whiplash is after a road traffic collision, when the seatbelt keeps your body still, but your head is thrown forward.
In most cases, whiplash only lasts for a few weeks or months. However, around 15% to 20% of people who suffer whiplash go on to experience long-term chronic pain. In addition, even if symptoms of whiplash do stop, it doesn’t mean the head or neck ligaments are fully repaired and even a small jolt could bring on the symptoms again.

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