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Slips and Falls on City Sidewalks: Personal Injury Claims

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Slips and Falls on City Sidewalks: Personal Injury Claims

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

By 12 o’clock noon one cold and miserable afternoon in a bustling municipality in Canada in January 2019, the emergency medical services had been called out for slip and fall accidents no fewer than 38 times within 48 hours, a 300 per cent increase over the daily average.

Apart from the people who sue at the drop of a hat, the above figure probably reflects the more serious injuries, those likely to result in personal injury claims. While most of us escape a slip on the ice with nothing other than our dignity in a sling, others may suffer a severe blow to the head, internal bleeding, or a fractured limb.

Who is Liable for Personal Injury Compensation

The Ontario Occupiers Liability Act makes it clear that property owners are required to take ‘reasonable measures’ to safeguard people who are lawfully on their property.

The act includes sidewalks and applies to:

  • Schools
  • Hospitals
  • Shopping malls
  • Office buildings
  • Retail outlets
  • Residential homes and properties

While municipalities such as Ontario or Toronto are equally responsible for clearing ice and snow from sidewalks, the standard of proof of liability for personal injury compensation is higher than it is for personal injury compensation claims from private property owners. Here, the municipality must be demonstrated to have been grossly negligent. For this reason, it is essential that you ask someone around you to take a photo of the accident scene once your immediate medical needs have been attended to and help is on its way.

Personal Injury Claims — Types of Compensation

It’s human nature to trivialize a slip on the ice. However, when the head hits the hard, frozen pavement from a height of anywhere from five or six feet or better, the impact can be life-changing, even lethal. A fracture to the head, or even a serious concussion, can leave an individual with a permanent deficit.

Not only will the injured party be faced with the immediate medical costs, which often include a hospital stay of days, weeks, or even months, but they may require extended physical or occupational therapy, neurorehabilitation, home nursing care, expensive equipment, and so on. If the individual had been earning an income before they were injured, this, too, will be a financial loss. The sum awarded for personal injury compensation is directly proportional to the severity of the injury.

If the city of Toronto did indeed display gross negligence in maintaining the icy sidewalk that caused the slip and fall injury of yourself or a loved one, you or they may pursue a personal injury compensation claim for:

  • Immediate, ongoing, and future costs of medical treatment and out of pocket expenses.
  • Pain and suffering up to the legal maximum of $340,000. This is etched in stone, even if you go to court.
  • Loss of wages and future income is called, “loss of earning capacity” and applies whether you are unable to return to work or unable to work at the same income capacity.
  • Personal injury compensation for family members. If a family member loses money as a result of having to take time off to provide care for you, they, too, are entitled to certain types of compensation including for loss of “guidance, care, and companionship.”

Why You Should Seek the Advice of a Personal Injury Lawyer

If you fall on their property, the owner or their representative will do their level best to avoid having to pay out. They may meddle with the scene or even pester you for a statement absolving them of responsibility.

Whether or not you later decide to pursue a claim for personal injury compensation, you would do well to consult with a personal injury lawyer to learn what to say, what to do, and even what not to do. Additionally, there are time limitations for compensation claims. According to the Municipal Act, claims based on snow and ice must be submitted within 10 days of the accident. Failure to meet this deadline could cost you your right to sue for compensation.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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Hamilton Disability Lawyers
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