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Practical Advice On Dealing With Legal Issues Regarding Personal Injury

personal injury

If you’ve been injured due to someone else, you must take action right away. Go see a doctor and get a good attorney on board. The article below will help you do just that. Use the information here to give your case the best chance to win.

If you have medical bills as a result of your injury, make sure you keep copies of any bills. Remember, you can be reimbursed for more than just your out-of-pocked expenses. You are entitled to the actual cost of the treatment you received or the medicine that you took. Make sure you file all of your invoices so you have the proof that you need to give to the court.

When fighting a personal injury case, a lawyer will have many curve balls thrown at him. That means that only a lawyer with an extensive history in the field of personal injury law will be able to be successful at trial. Look for a lawyer with lots of experience behind him.

Make sure that you gather all of the information you can from anyone that was involved in your injury. This means that you should get the addresses, names and phone numbers of the party that injured you as well as any witnesses that were on the scene. You should also take note of anything that is said during the time of the accident.

If you are contacted by an insurance company that claims it needs to take a statement for their investigations, refuse to say anything to them. The best thing to do in this situation is to give them the name of your attorney and tell them to call him if they have any questions or concerns.

injury settlement values

During your initial consultation with your personal injury lawyer, check to see how organized he is. This is important because you will want someone who is on top of their game to represent you. Small personality traits like this can make all the difference when the lawyer is making your case in court.

Ask your friends and family for personal injury lawyer referrals. There are countless personal injury lawyers out there, due to the large amount of money that they can make, but that does not mean that they are all good. If you do not already have a lawyer in mind you should seek the help of those that you know and trust.

When you are filing an insurance claim, try to have the other party’s insurance company pay your medical bills without you signing any releases. This means that their insurance company is admitting the insured is at fault. You will have a better chance of winning your case if you do this.

It is important to hire a personal injury lawyer for a personal injury case. When they’ve done it before, know the ins and outs of the law and understand the secrets to winning, they’ll be able to get you the cash you deserve for your misfortune, which is really the outcome you deserve.

Even if your insurance company provides a lawyer for your personal injury case, consider hiring an additional lawyer on your own. The lawyer from the insurance company may not be the best person to look out for your individual needs and may, instead, be more interested in protecting the interests of the insurance company.

Those who are considering representing themselves in a personal injury case would be wise to discover all policies the defendant has. You may have a claim against more than one policy. If the at-fault party will not willingly give you the information, you can compel the court to order them to do so.

If you are injured in an accident and it is not your fault, it can be worth your time to contact an attorney, even if you are not sure you need one. Sometimes your insurance company might offer you a quick settlement, but you should discuss this with an attorney to make sure the settlement will adequately meet your needs. Instantly accepting it can leave you short on funds with no further options for additional help in the future.

If you like to exercise to keep in shape, take the proper precautions to avoid injuring your muscles. Stretch before and after each workout in order to warm up and cool down your muscles. This will make it less likely for you to experience a tear or other personal injury.

It is important to remember that time is a factor in a personal injury case. There are different limits in place on the amount of time you can wait while trying to receive a settlement. There are also may be some notice requirements involved. Make sure you know all time limits and get everything done before they expire.

If you are not sure about which personal injury attorney to hire, you should ask anyone you know that has ever been in an accident. They may be able to give you an idea of what attorneys will help you win and which of them are only out for themselves.

Stay in touch with the claims adjuster for your personal injury case. Although it does take time for him or her to review court and medical records, they will eventually resolve the matter for you. Send polite letters of inquiry and make occasional phone calls to check the status of your case and don’t give up on it.

When hiring your personal injury attorney, make sure to get a written contract. A person can promise you anything verbally, and it does not mean they are bound to those terms. By getting a written contract, you have a clear understanding of what to expect and what is expected of you.

A personal injury can mean time out of work and long-term pain. If you are injured by another’s negligence, you are entitled to compensation. Read this article for help in deciding if a personal injury lawsuit is the right choice for you. It may take a while, but justice will prevail.

Understanding BC IRP Legislation

IRP infomation

BC IRP legislation refers to Immediate Roadside Prohibitions according to the legislation of British Columbia. An IRP is usually issued when the police have reasonable and probable grounds to consider that one’s capacity of driving is impaired by alcohol or drugs. IRP is discussed under section 25 of the BC Motor Vehicle Act.

For how long can one lose his or her license and motor vehicle under IRP?

This can depend on whether the offence is the first one or if prior such offences have occurred. Penalties and fees are also requested to be paid when IRP is issued and participation in responsible driver programs and ignition interlock programs is requested.

  • Blood alcohol concentration (BAC) between 0.05 and 0.08 (0.08 is the legal limit; a concentration above this is a criminal offence) and first offence – driving prohibition and impoundment of vehicle for three days; impound and towing fees (approximately $150); $200 penalty and license reinstatement fee ($250)
  • BAC between 0.05 and 0.08, second offence, within five years from the first one: driving prohibition and impoundment of vehicle for seven days; impound and towing fees (approximately $230); $300 penalty and license reinstatement fee ($250)
  • BAC between 0.05 and 0.08, third offence, within five years: driving prohibition and impoundment of vehicle for 30 days; impound and towing fees (approximately $680); $400 penalty and license reinstatement fee ($250); responsible driver program (around $880); ignition interlock program (around $1700)
  • BAC over 0.08 or refuse to blow – driving prohibition (90 days) and impoundment of vehicle (30 days); impound and towing fees (approximately $700); $500 penalty and license reinstatement fee ($250); responsible driver program (around $880); ignition interlock program (around $1700)

IRP penalties

What does the ignition interlock program refer to?

You may have heard of it under the name of Guardian interlock program as well. An ignition interlock device is a device that requires that drivers provide a breath sample so that they can start the car. Guardian is a company providing such devices. During longer trips, periodical breath samples are further required (10 or 12 a day). The costs of the program include enrolment in it, installation of the device in one’s car, monthly checks and removal of the device from the car.

Can IRP be disputed?

Yes, IRP can be disputed, and not disputing it gives one no other option but to accept it. One can contact a lawyer for help on this matter. The lawyer will obtain the Report from the Superintendent of Motor Vehicles and can then understand what chances there are for winning the review or if it will most probably be lost.

The approved screening devices (ASD) used in BC do not show numerical reads above the concentration of 0.06%. They show “pass”, “warn” (0.05 to 0.1) or “fail” (above 0.1). Since ASD is not very precise, if it displays “fail”, then it can be demanded that a test with a more accurate breathalyser, operated by a qualified technician, be made. A good lawyer has information on all breathalysers that the police might use, including the ASD (which is the Alco Sensor IV DWF Screener) and data related to driving prohibition review decisions that have been successful.

In other words, a lawyer holds information that can be used to one’s advantage, so disputing the IRP might work. A successful review means that one’s license is re-instated, one gets his or her vehicle back and the storage and towing costs will be covered by the Superintendent.

Driving Under the Influence in Canada: A Seemingly Minor Crime With Major Penalties


Driving under the influence of alcohol or drugs is a major problem worldwide and is a criminal offense in most countries. Although there are some differences from one country to another, the one thing that remains constant around the globe is the fact that a large percentage of arrests and trials are caused by this specific problem.

If you ever asked yourself why there are so many criminal law firms specializing in this type of offences, now you know the answer. For example, in Ontario alone, in the year 2005, the police reported about 17,000 impaired driving incidents, resulting in 174 deaths and 3,852 injured in motor vehicle collisions involving an impaired driver. This alone might explain why Toronto DUI lawyers will always have a large number of clients.

Statistics related to driving under the influence

• Each year, around seventeen thousand citizens are convicted of offences like impaired driving, driving while the blood alcohol level is over 0.08, dangerous driving, criminal negligence resulting in death or bodily harm, manslaughter, etc.

• In Canada, it is estimated that 38% of fatalities and 19% of injuries resulting from car crashes are due to use of alcohol.

• By 2008, cases of driving after drinking represented the largest percentage of cases for a single criminal charge, namely 12 percent. Almost 53,000 such cases are under trial every year. Usually there are more cases for male offenders, especially for those who are younger than 25 years of age, for which driving under influence is usually related not only to alcohol, but also the use of drugs.

With such alarming figures, it is not surprising that law enforcement agencies are treating this matter with great interest.

Legal provisions regarding DUI/DWI in Canada

When it comes to DUI, Canada has very strict legislation. It is illegal to drive or control any vehicle on land, water or air after consuming alcohol or drugs. If you do so, you are liable for punishment under multiple offences according to the Criminal Code, and you risk having your driver license suspended. Section 253 (1) of the code clearly states what constitutes an offense and establishes the BAC limit of 80 milligrams of alcohol in 100 milliliters of blood, as the maximum allowed for someone who is in care or control of a motor vehicle, even when not driving it.

Types of possible punishments under Canadian law

If you have been found guilty and convicted in Canada for any type of drinking and driving offense, then you will face not only a driving prohibition, but also a fine or a jail punishment as follows:

• After a first offence, 12-month driving prohibition and a $1000 fine
• After a second offence, 24-month driving prohibition and thirty days in jail
• For subsequent offences, 36-month driving prohibition and 120 days in jail.

If the collision did not result in human victims, either fatalities or injured persons, then the maximum penalties are:

• 18 months of jail for summary offences
• 5 years in jail for indictable offences;

If the accident resulted in injured victims, the maximum penalty can go up to 10 years in jail or even a life sentence for fatalities.

Try to remember that, although there are a large number of lawyers specializing in this kind of offence, the punishments you risk are also serious, so the best option you have is still to avoid driving while under the influence of alcohol or drugs.

Where to Place Criminal Law in the Domain of Law In Canada

canadian flag

What is Criminal Law?

As the name suggests, criminal law is the area of the law that deals with crime, from prevention to punishment. Its purpose is to regulate social conduct so that everyone can feel safe from threat and harm. It is different from civil law, where the focus is on solving disputes and offering compensations to victims, rather than punishing offenders.

Let’s see what fields of law are available for lawyers to choose from:

  1. Law in the public interest: Working in the public interest can refer to working in the benefit of a public interest group, such as the Women’s Legal and Education Action Fund, or working at a legal aid clinic.
  2. Private practice: In private practice, lawyers have individual clients, either people or private corporations. Lawyers often choose to specialize in one area of law, such as defense law, environmental law, family or corporate law. There are lawyers who deal with several areas and not just one.
  3. Government: When a lawyer works for the government, the government is its client. Such a lawyer can be a Crown Attorney or maybe have a ministry as its client.


Another Way to Look at Legal Fields:

  1. Civil Rights – This area focuses on the equilibrium between governmental power and individual liberties. There are relatively few jobs in this field in particular, but lawyers specialized in other fields can deal with cases from this one too.
  2. Corporate and Securities Law – clients are advised on how to manage their businesses so that they are both efficient and in line with the law. The corporate lawyer may have tasks from preparing the initial articles of incorporation and paperwork for starting a new enterprise to reorganizing a business according to federal bankruptcy law.
  3. Criminal Law – Lawyers in criminal defense must represent clients that have been charged with a crime. The prosecutors and district attorneys are their counterparts in this scheme, and they represent the state and its interests in the prosecution of the suspect. Whether we’re talking about a Vancouver criminal lawyer or a Toronto criminal lawyer, both types of legal experts, those standing for the defense and those standing for the prosecution, deal with issues related to personal liberty, individual rights and other issues of the law that aim at maintaining a free and just society.
  4. Education Law – Attorneys in this field can work in the interests of a school district or another educational agency in issues that are relevant to education law. For example, such matters might involve the process of principal and teacher selection, student residency issues or tuition fraud.
  5. Employment and Labor Law – This area of law deals with the legal rights of employees and employers. Lawyers may get involved in disputes concerning wages, number of worked hours, safety at the work place, child labor or pension plans.

An Overview

We have only discussed some of the fields of law, but there are many others: environmental and natural resources law, family and juvenile law, health law, immigration law, intellectual property law, international law, real estate law, sports and entertainment law, and tax law. Our purpose was to show what choices there are in the domain of law, among which one can prefer criminal law by comparison.




Impaired Driving in Canada – Facts and Figures

Impaired driving in Canada is a criminal offence, just like it happens in many other countries. DUI (driving under the influence) or DWI (driving while impaired) refers to driving while having a concentration of 80 milligrams alcohol in 100 milliliters of blood, meaning a concentration of 0,08. Refusing to provide a breath sample on the roadside when the police ask to is also a drinking and driving offence that of.

Impaired Fatality by age

Impaired driving facts

  • In Ontario, during the past ten years, over 2,000 lives have been lost and a number of over 50,000 people have suffered injuries as a consequence of accidents in which a drinking driver was involved.
  • Financially speaking, the costs of drinking and driving (due to health care, property damage etc.) are estimated at $3 billion per year in Ontario.
  • Given penalties that are imposed at 0.08 for a first offence, around the globe, Canada shares the longest maximum prison sentence with Germany, respectively the sentence for five years. The longest maximum after that is of two years, which is shared by Canada with some American jurisdictions.
  • Impaired driving in Canada is seriously fined. The $1000 mandatory minimum fine in Canada exceeds the mandatory minimum fines applied in Australian jurisdictions. Canadian fines also exceed the fines applied in most European countries, except for France, where the minimum is of €4,500 (over $7,300).
  • Compared with other jurisdictions that have adopted a 0.08 BAC, Canada has the longest driving prohibition, respectively of one to three years. The minimum one-year prohibition applied in Canada is the maximum in other jurisdictions.
  • For driving while impaired, the Criminal Code asks that a minimum fine of $1000 be applied for a first offence and also for a criminal conviction to be registered on the person’s permanent record. Drunk driving convictions that follow bring along minimum jail penalties that start with 30 days in jail for a second conviction. If a third conviction occurs, the minimum punishment is of 120 days spent in jail.
  • For impaired driving in Canada, a compulsory driving prohibition is also required. The driver will usually be prohibited to drive anywhere for at least one year, or just for three months in a province like Alberta or Quebec.
  • Aside from the penalties applied by the Criminal Code for impaired driving in Canada, a conviction for DWI also affects the vehicle insurance coverage and the premiums.
  • There are impaired driving lawyers that one can turn to in hope of remaining with a clear record. These are criminal lawyers who have extended experience in DUI cases and who can find a way out of the situation many times.
  • Those who are thinking of traveling to Canada but have a conviction for DUI within no less than the last ten years should better reconsider their traveling choice. Any sort of impaired driving offence is seen as the equivalent to the Canadian Criminal Code offence of DWI. Misdemeanor convictions are included. If you have a conviction for impaired driving, even if no accident had occurred, then you may be denied entrance in Canada.

All in all, impaired driving in Canada is seen as a serious offense that can have consequences on the long term, even if no accident has occurred.


Refusing A Breathalyzer Test

How to Handle Refusal Cases – the Implications of the Decision to Refuse to Provide a Breath Sample

Breath Test Results

If you are stopped by the police and required to undergo a breath test, you must be aware that, in Canada, it is against the law to refuse to provide a breath sample when requested to do so, and it may entail severe consequences.

This situation may aggravate if you not only refuse testing from a roadside screening device, but also with the more complex tester at the police station.

The police may request you to provide a blood sample as well, this time with the help of qualified medical professionals. Failing to comply with that request is also a serious offense.

The Consequences of Refusing a Breathalyzer Test

However serious this may sound, refusal in all these cases is to be considered an offense only if all the requirements regarding the testing procedure have been strictly respected by the law enforcement authorities. You need to be prepared that the peace officer/s who took care of the testing will also testify in the case, but if they failed to act based on reasonable and probable grounds, it means that the testing demand itself was unjustified. If the demand itself is unlawful, it is not against the law to deny compliance.

Why Do You Need a Lawyer If You Refuse to Provide a Breath Sample?

You can justify your refusal to undergo testing with a well-founded legal excuse, but even in such a situation you will need a legal professional to present your case to the prosecution.

Here is what a DUI lawyer can do for you in case of a refusal:

–        He or she can present the eventual errors of procedure which might  justify your refusal to act as you have been requested.

–        Proving possible procedural errors can also determine whether the traffic stop was justified or unjustified. If it was, it can lead to the subsequent dropping of all charges. Police officers need to have a good reason to stop you; the simple feeling that there may be something wrong with your driving style is not enough, and will never make a strong DUI case against you.

–        Your lawyer can present your excuse, for example a certain medical condition, in a convincing manner and eliminate the refusal charges against you.

DUI Lawyer

Just like DUI cases, refusal charges are no simple matters and you need a qualified DUI lawyer by your side if you want to go through the procedure as quickly as possible and to win your case or to get the mildest possible punishment.

Just like in DUI cases, your lawyer will be with you while you are being questioned, prepare you for the entire process, and handle the plea bargain for you if need be.

If you refuse to provide a breath sample in a DUI case, you need a lawyer, so don’t hesitate: contact a lawyer who specializes in DUI cases in your area, call that lawyer, tell him about your case and let him defend you – a good lawyer can help you get your normal life back within the shortest time possible.


Finding The Right Lawyer for a DUI

DUI Lawyer

Why Talk to a Lawyer in a DUI Case – There Are Many Good Reasons

If you are faced with a DUI offense, you must be aware that it is a very serious charge that might affect your life in many ways in the future. Many people give up the right to adequate defense in such situations. They ask, ” why talk to a lawyer if the breath test indicates a blood alcohol level over the legal limit?”

However, you must also be aware that DUI lawyers specialize in apparently hopeless cases, and make a living by finding a defense even when the untrained eye sees no evidence to prove innocence, no mitigating circumstances. Even though no DUI lawyer can guarantee a dismissal of the case, they can significantly reduce the charge and the punishment for the defendant – let’s see how.

Why Talk to a Lawyer Right from the Beginning

The most important thing you should do when you are stopped by the police is to tell the police officer “I need a lawyer”. This way, you can avoid engaging in an eventual conflict with the law enforcement authorities or aggravating your situation in any other way.

Here are some other advantages of having a DUI lawyer by your side right from the beginning:

  • With a good lawyer, you can be sure that all crucial evidence proving your innocence will be preserved.
  • Your DUI lawyer will answer all your questions about the procedure you will need to go through.
  • Your lawyer will answer the questions of the police as well.
  • The lawyer will analyze your case and will help you decide whether you should plead guilty or not guilty.
  • If you plead not guilty, you lawyer will take care of the entire procedure for you, including hiring private investigators or expert witnesses if need be to preparing you for your trial.
  • If you decide to plead guilty because your innocence cannot be proven convincingly, your lawyer can help you make the most of the plea bargaining process and get your charges and/or your sentence reduced.

How can a criminal defence lawyer help you?


How to Choose a Lawyer for a DUI Case

There are several different types of lawyers out there and not all of them handle DUI cases. In order to get the best legal counseling, you need a lawyer who is an expert in exactly the type of charges you are facing. You can find a lawyer who has experience in the domain of DUI and related charges, by asking around among your friends or family or with the help of the internet – many individual lawyers and law firms operate websites that contain ample information about their experience and qualifications.

How to Hire a Lawyer

Once you find a lawyer, you should contact him or her. Many legal counselors offer free lawyer consultation and initial evaluation of your case.  They will also tell you about the financial implications of your case so that you can decide whether you can afford that particular lawyer or you should look for another one.

In case you are still wondering why talk to a lawyer in a DUI case, here is the answer in a nutshell: because a lawyer can help you win your case more easily or negotiate on your behalf to get the best possible plea bargain so that you can continue your life as soon as possible with minimum consequences.