accidents

Common Questions Personal Injury Lawyers Get

The field of personal injury law can be unclear and often leave people feeling confused and overwhelmed. There is emotional and financial stress that coincides with an injury and navigating the recovery process, both legally and health wise, can be daunting.

At Dye & Russell it’s our mission to help guide you and your family through the entire process, protecting your rights and fighting to make sure you receive what you’re entitled to. Big insurance companies don’t have your best interests at the forefront and aren’t going to fight to get what you deserve; they want to pay out as little as possible.

As personal injury lawyers, it’s important that our clients feel empowered and knowledgeable about their case; after all it’s their lives that are impacted. To alleviate some of the unknown, here are some of the common questions asked of our lawyers at Dye & Russell.

Why do I need a personal injury lawyer?

Simply put, personal injury law is one of, if not the most, complex areas of law. It requires going after compensation from large insurance companies, all while navigating the elusive, ever changing laws and regulations. Having been in the industry for over 20 years, our personal injury lawyers have the experience and expertise to protect your rights and get you on the right path to a complete recovery.

How soon after and accident or injury can I contact a personal injury lawyer?

If you or someone you know has been involved in an accident, it’s important that you contact a personal injury lawyer as soon as possible. There are certain cases that require you to put the defendant on notice within a matter of days if you will be suing. If this doesn’t occur, the defendant can argue the claim is out of time & that you weren’t really injured, potentially barring your claim. Dye & Russell aims to protect your rights and provide you access to the treatment needed in the beginning stages of your injury. Acting quickly to collect and preserve necessary evidence to present your case makes a difference in receiving what’s fair.

How do I pay for the legal services?

One of the common reason’s individuals don’t seek out a personal injury lawyer is the fear of what it will cost. Often their injury has prevented them from working so the thought of another expense is off-putting. At Dye & Russell we offer a free claim evaluation of your case, no obligation. When you do decide to have us represent you, you don’t pay until we’ve settled or won your case. We ensure you receive the proper funding for necessary treatment and do whatever it takes to properly assess and present your claim. Little things like this can help relieve some of the stress and financial burden that is tied to a personal injury case.

How long does it take to settle my claim?

The amount of time it takes to settle a personal injury claim can change based on the complexity of the case. It isn’t uncommon for cases to range from 2-3 years before being resolved; although some are resolved much quicker. When you contact Dye & Russell we’ll happily explain the claim and litigation process, in addition to providing you with an estimate on how long it will take to resolve the claim.

If you feel you have been wrongfully injured in an accident due to the negligence of another or have had your claim denied, contact Dye & Russell.

January 26, 2020 Driving, General surgery, Orthopedic, Road Safety, Safety, Spinal Cord Injuries

What You Should Consider When Disputing an Insurance Claim

Everyone knows that dealing with the big insurance companies can give you a headache and have you running around in circles with no answers. Policies can be so complex that sadly, insurance companies have often used their inside knowledge to take advantage of insureds through policy loopholes. This can leave insureds at a standstill in regards to their insurance claims and even result in a claim being denied.

Insurance is one of those things that you love to hate but have it anyways. It gives you and your family the protection they will need if something should happen to them or yourself. However, even if you are paying your bill on time each month and never miss a payment, insurance companies will look to find the cheapest way to pay out your claim to save money for themselves, if they pay out at all. This can be the last thing you want to deal with when you’re faced with a loss.

Here are four steps to consider when resolving a dispute with an insurance company.

Gather information

Insurance policies aren’t always easily understood by the average person. Ask your agent, broker or insurance representative for clarification about your concern/issue. The rights and responsibilities of all parties are written within the policy (aka contract), however miscommunications can occur.
If you have general questions you can contact the IBC Consumer Information Centre (CIC). They can assist with basic questions about policy wording, coverage or how to proceed with a complaint

Get in touch with the insurance companies Complaint Liaison Officer or Ombudsperson

Licensed insurers have a complaint resolution process, and someone assigned to enforce this process. This role is regulated by the provincial regulator.
If you plan on making a complaint through this channel, be sure to state your complaint clearly, including the expected resolution. Be sure to have all your documentation readily available and take note of all persons you spoke with regarding the complaint as well as what was spoken about. Finally, give the Complaint Liaison Officer or Ombudsperson sufficient time to investigate & respond to your complaint.

Reach out to the GIO (General Insurance OmbudsService)

If you’ve gone through your insurers complaint processes and aren’t satisfied you can request a Final Position Letter and contact the GIO. The GIO is an impartial consumer dispute resolution system. It is in place to help you and the insurer resolve disputes about claim-related matters.

Take it to the Federal or Provincial level

If your dispute cannot be solved by the GIO, or if the insurance company isn’t a member of the GIO, you can take it a step further by contacting a Financial Consumer Agency of Canada.

Dye & Russell should be your first call if you’re having issues claiming insurance compensation. We have the experience and knowledge of the industry that keep us from being pushed around by policymakers. Let us handle the big insurance companies and take the stress away from you to get you what you deserve.

If you’ve experienced a claim denial or want to dispute a claim, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

November 26, 2019 Uncategorized

Understanding the Levels of Spinal Cord Injury

Accidents that result in a spinal cord injury can be scary stuff. The spine is made up of vertebrae and depending on the location of the injury there can be life changing effects, like losing the ability to walk or use other parts or functions of the body all together. Generally, injuries have a greater severity and dysfunction tends to occur the higher up the injury is on the spinal cord.

The spine is split into 3 levels; the lower back containing lumbar and sacral nerves, the thoracic nerves in the mid-back and the upper back with the upper and lower cervical nerves. These are some of the outcomes that can be expected if a spinal cord injury is sustained.

Lower Back

Lumbar nerves (L1 – L5)

Often, insured parties suffer from loss of function in their hips or legs.
There is limited or no voluntary control over the use of the bladder or bowel. However, with the use of special equipment this can be managed on their own.
Use of a wheelchair or leg braces may be required depending on the strength of their legs.

Sacral nerves (S1 – S5)

Like lumbar nerve injuries, there is often some loss of hip or leg movement as well as limited or no voluntary use of the bladder or bowels. Persons can manage this with use of special equipment.
There is a likelihood that walking will occur.

Mid Back

Thoracic nerves (T1 – T5)

Injured nerves impact muscles in the upper chest, mid-back and abdominal areas.
While hand and arm function may be normal, often times the trunk and legs are affected (known as paraplegia).
Persons will typically be able to use a manual wheelchair and eventually drive a modified vehicle. Others will be able to stand in a standing frame or walk with leg braces.

Thoracic nerves (T6 – T12)

Tends to result in paraplegia with normal use of the upper body.
Persons can maintain control and their balance when in the seated position.
May experience some productive coughing if the abdominal muscles are intact.
As with the thoracic nerve T1 – T5 injuries, persons most likely use manual wheelchairs, learn to drive modified vehicles, stand with a standing frame and some even walk with braces.

Upper Back

High-cervical nerves (C1 – C4)

This most severe level of spinal cord injury; results in complete paralysis of the arms, hands, trunk and legs
Generally, persons are unable to breathe, cough, or control bowel or bladder movements on their own.
Requires assistance with daily living activities (e.g., bathing, eating) and needs 24-hour a day care.
Cannot drive motor vehicles on their own however may be able to use a powered wheelchair with special controls.
Speech can also be impaired or reduced.

Low-cervical nerves (C5 – C8)

Nerves in this group control the arms and hands
This level of injury may allow a person to breathe and speak normally on their own.
Each of the vertebrae in this level affects different nerves and muscles and depending on the specific vertebrae that is injured, have different outcomes
- Injury of the C5 vertebrae for example may leave a person with the ability to move their hands and arms and bend their elbows while an injury of the C7 could mean the person’s elbow and finger extension range is impacted.
- Injuries of the C6 typically cause paralysis of the hands, trunk and legs where as C8 injuries can affect hand movement and the ability to grasp and release objects.

No matter the level of spinal cord injury that a person faces, it is life altering. A task that used to be easy, maybe even taken for granted, is now difficult and could require assistance. Sadly, spinal cord injuries affect approximately 85, 000 Canadians with an average increase of 4000 per year.

If you have been injured and need legal assistance, call #1000 on your cell phone. We will offer you a FREE claim assessment.

September 29, 2019 Spinal Cord Injuries

5 Common Liability Claims Faced By Homeowners

Home is supposed to be a safe place, not just for you but anyone that comes on to your property. You try to take care of your lawn & trim trees, shovel snow in the winter and fix uneven floorboards on your deck. Sometimes you’re better than other times.

Even with all that upkeep, there are possible hazards in your home and on your property that could cause (accidental) harm to others. A simple slip & fall could land you a hefty bill if a lawsuit is filed & your home insurance policy doesn’t fully cover you.

These are 5 common liability claims that a homeowners could face.

Dog bites
Did you know that most insurance policies cover damages or injuries that are caused by members of your household? Probably. But did you know that pets are often included in that coverage? Apart from some dog breeds, dogs that are at a lower (perceived) risk of biting are considered members of your household & therefore covered by your policy.

In the home or on the property
Accidents ranging from a guest tripping on a carpet that isn’t properly secured or falling through a broken stair are fair game. Even those door-to-door salespeople who come on to your property without your permission. Neglect on your part to clear a sidewalk or path to your front door could mean you’re left on the hook.

Guests under the influence
Hosting a party at home or an event at another location, the liability you have over your guests remains in place. When alcohol is involved and a person becomes intoxicated, any harm they may cause to another person or to property could be your responsibility. Hiring a bartender can help monitor the amount of alcohol guests are consuming.

Falling trees
The extra weight of snow and ice weigh down small trees and branches makes them prime candidates for snapping off and crashing into whatever’s below. It’s a good idea to trim trees and any overhang in the fall before things freeze.

Domestic workers
It is becoming more common for families to hire help around the home. From nanny’s to maintenance workers each person hired to work on your property increases your liability should that person get injured while at work. Sometimes workers can have workers compensation in the event of lost wages, so it’s important to do your research ahead of time.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

August 28, 2019 Liability Claims

Brain Injury Awareness Month: Preventing Injuries

June is an exciting month. Spring is in the air and summer is just around the corner. It’s also Brain Injury Awareness month and with that comes a number of opportunities to shed light on brain injuries and ways to help prevent them.

Did you know that more than 20, 000 people each year are admitted to the hospital with serious brain related injuries? In 2016 – 2017 alone approximately 46, 000 children went to the emergency room and were diagnosed with a concussion.

Making sure situations such as sports or recreational activities are safe for everyone helps reduce the risk of injury. The key being prevention and awareness. You’re the first line of defense!

Here are 4 things you should know about preventing brain injuries.

Seat Belts

When you’re in the car, no matter how far the drive may be, wearing your seat belt is a top priority. A significant number of injuries and deaths happen as a result of car accidents and about 50% are prevented thanks to seat belts.

Reduce Distractions

Cell phones are the number one cause of distractions among drivers. When you’re behind the wheel staying focused on the road should be the only thing that’s important. Put the phone down, whatever it is can wait. Your life is more important than the text you just got.

Child Safety

Kids are always getting hurt and bumping their heads on whatever is around. Take steps to prevent trips and falls by installing safety gates around stairs, using non slip mats in bathtubs or putting up window guards to prevent a potentially fatal injury.

Helmets & Safety Gear

Both adults and children are susceptible to head injuries whether at work or during recreation. Make sure you wear a helmet during sports activities like baseball or football or the appropriate safety helmet on construction sites. Keeping your brain protected is one of the smartest things you can do!

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

June 22, 2019 Safety

Spring in to Cycling Season

One of the more popular past times when the weather starts to get nicer is cycling. Now that Spring has finally sprung, you can expect to see an increase in the number of people spending time outdoors. Cycling is a great way to stay healthy, remain active and can be enjoyed by the whole family.

Among all the benefits cycling has to offer, there are also a number of risks. Here are our tips on how to stay safe as you kick off this cycle season.

Check your bike

Its been a while since your bike has seen the outdoors. Make sure you give it a once over before you take it out for the first ride of the season. Check for things such as tire pressure and whether the tire spokes are secure and undamaged. Do your brakes work? What about the chain, has it rusted? Determine what, if any, issues you have and what your next step is. Can you fix it yourself, or do you need to call a repair shop? If you’re unsure, bring it in to a bike shop just in case.

Safety equipment

Hitting the road again after a long winter can be a bit nerve wracking. Taking things slow and following the proper steps to being safe on the road can help prevent injury later. We can argue that a helmet is the most important piece of equipment for a cyclist. It can help prevent against concussions and even brain injury. Other preventative safety measures can include adding reflectors and lights to your bike and wearing bright clothes. Keeping yourself visible is the key.

Hit the Road

At last, the time has finally come. Your bike has been through its version of spring cleaning and you’re ready to go. Make sure you check both ways before you cross the street, brush up on your hand signals, and be careful around areas that can become slippery and dangerous when wet (e.g., wood, painted brick).

Even if you and your children are practicing safe cycling, sometimes you can still be injured by others. If you or someone you love has been injured by another party’s negligence while cycling we can help with their recovery journey.

Fast dial #1000 free from your cell and we’ll get you the support you need.

April 25, 2019 Road Safety

How to be safe on a jog

Summer jogging is a great way to stay fit without shelling out big bucks on a gym membership. It’s also a great way to see more of your neighbourhood. Many areas of Ontario have jogging trails and paths of varying length and incline.

Staying safe on a jog, however, can be a challenge. By following some safety steps, you can greatly reduce your risk of injury while on a run. You might not know about many of the safety risks you could face while jogging. Here are some helpful tips on staying safe on a jog.

1. Bring some basics

When disaster happens, be it injury or crime, what you’re carrying can be vital and even save a life. Bringing a phone with you on a jog can mean a way to call for help. A phone can also be a map if you’re lost. Carrying some form of identification can come in handy in case of an emergency.

Other basics for jogs include water, keys, a whistle and even mace (if jogging in a wild or unsafe area). Much of this depends on when you’re jogging, how long the jog is and where it’s happening. It’s always good to be overprepared rather than underprepared.

2. Don’t jog alone

Bringing a jogging buddy can greatly reduce the risk of injury. Wild animals are less likely to attack, and someone may think twice about committing a crime if it’s double the risk. Bringing another jogger also means that if injury happens there is someone to call for help, give a statement and ensure immediate danger is minimized.

This is also a great way to enhance the overall jogging experience and motivate yourself to jog faster and longer.

3. Be traffic safe

Traffic collisions are a common cause of injury to joggers. For joggers, there are ways to avoid traffic-related injuries. By facing oncoming traffic, you have more of a chance to see an approaching vehicle and you improve your response time significantly. For vehicles, this gives them a clear view of you, meaning collision is less likely.

Wearing brightly-colored clothing, such as glow-in-the-dark clothes or runner’s lights, can reduce risk of injury as well. Most of all, don’t jog on the road at night.

4. Know yourself

Jogging is physical activity and we all have limits. It’s good to be ambitious with your fitness plan but also be realistic. If you’re planning to do a marathon distance on a jog, bring enough water to last you and maybe a small snack, especially if your blood sugar drops routinely. Account for distance back home on the jog.

On the jog, monitor yourself. If you’re struggling, don’t force yourself to finish a jog that’s going to injure you. It’s better to slowly make progress than injure yourself and make no progress at all.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

July 6, 2018 Road Safety, Uncategorized

A parent’s guide to pool safety

With summer making its arrival in Canada, pool season has begun. Pool safety is an important topic this time of year. According to the Lifesaving Society, hundreds of Canadians die each year from drowning. Parents, take note – for children under 10, drowning is the second leading cause of preventable death and children under five are the most at risk of drowning.

So, before you, or your children, dip your toes into the backyard pool, it’s important to review some pool safety tips.

1. Appoint a supervisor

Children of all ages require active supervision when in the pool. This means a parent/guardian who is placing their whole attention on the water. Accidents can happen quickly, and a rapid response time is critical. Don’t be fooled by Hollywood films – drowning is quiet and splashing or screaming doesn’t occur. The attention of a parent/guardian can be the difference between life and death.

2. No diving in shallow pools

Most backyard pools are not deep enough for diving, no matter the age of the diver. This is a frequent cause of injury. It’s important to do your own research into what your pool’s size allows. Establish clear rules with your children about diving in the pool, especially in the shallower end. Some parents choose to put up signage, which is available from many hardware stores, as a reminder. Most importantly, talk with your kids and make sure they understand your family’s pool safety rules.

3. Ensure proper fencing

Small children’s curiosity can lead to drowning by falling into pools. Multiple items are available for purchase which can prevent unsupervised access to water by young children. Examples include latching gates and four-sided fencing. It’s important to comply with any local fencing bylaws in your area so make sure to research these before you open your pool for the summer.

4. Arms’ reach matters

For children under 5, it’s important to keep them within arms’ reach when in the water. While supervision may be sufficient for older kids, younger children require the physical support and balance of a parent. This is a great opportunity to teach your kids the basics of swimming and create lasting memories.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

May 25, 2018 Uncategorized

8 things to do after a car accident

Driving, whether you’re slowly cruising down a local road or doing a long trek on the highway can be a dangerous. In 2016 alone there were 160,315 injuries from reported traffic collisions on Canadian roads. Chances are, at some point during your lifetime on the road you’ll be involved in a traffic collision.

When you’re in this situation it’s best to be prepared. The last thing you want to do is to be lost as to what to do next when involved in a traffic collision. Here’s what you need to know:

Keep calm

A car collision can bring a lot of emotions with it. Being calm and trying to stay calm throughout the next steps is vitally important to help you through the situation at hand. Whether you feel stressed, angry or scared (or something else entirely) it’s important to try and calm yourself down. Take a moment in your car to collect yourself, your thoughts and your emotions before taking any more action.

Prioritize safety

Avoid any further danger. Look for potential dangers—especially oncoming cars. If it is unsafe to get out of your car don’t venture out. Instead make sure to put on your hazard lights to notify other drivers.

Seek medical help

If you, or any passengers in your car are seriously injured call 911 for medial help.

Get their information

Collect as much information as you can. The key points you’ll need going forward are the personal details of the driver, or drivers, involved. They will likely ask for yours as well. Make sure you obtain all drivers’:

-full names

-phone numbers

-addresses

-license information

-insurance company names and policy numbers

Take photos

When collecting information, it’s best to go beyond just getting the necessary details from other people involved. Taking photos is an easy and fast way to collect evidence at the scene that can be very valuable later on. While taking photos after the traffic collision make sure that you have photos of any damage to your vehicle and the road, or property around the road, that happened as a result of the collision.

Look for witnesses

A traffic collision can draw the attention of onlookers. If there were people who saw the collision occur collect their personal information as well, including their full name and phone number, or other method of contact.

Contact your insurance company

Make sure to contact your insurance company to inform them about the collision.

Contact a personal injury lawyer

If you or someone in your vehicle has been injured during a traffic collision, it’s important to know your rights. The aftermath of a traffic collision injury can have a strong and lasting impact on your life. Contacting a personal injury lawyer after the accident is an important step on the road to recovery by connecting you with the legal, financial and personal support you need.

Fast dial #1000 free from your cell and we’ll get you the support you need.

May 18, 2018 Driving, Road Safety

Easy ways to improve your driving

Even though you may be an experienced driver, over time you can pick up bad habits. Not only do bad habits put you at risk on the road but they also endanger those driving around you.

If you are looking to progress your driving there are some simple ways to get better that will help keep you safer behind the wheel. Here are some quick tips:

Go back to basics

It’s nothing out of the ordinary to see drivers forgetting to execute the basics that you learn in driving school. But forgetting to do so is dangerous. Simple things, like entering the left lane of the street you’re turning on to when turning left at an intersection, signaling when changing lanes or when backing out of a parking spot, and coming to a full stop at stop signs, are key for your safety. Also, bad habits like driving when you’re in a rush, distracted or over-tired are all dangerous habits that can lead you to drive recklessly. Try to only drive when well rested, give yourself time to make the trip and put the phone away when you’re behind the wheel.

Adjust your mirrors

Make sure your side mirrors are adjusted properly. While you can’t completely eliminate blind spots, and need to fully turn your head to check them before changing lanes or turning, having your mirrors adjusted optimally can greatly reduce them. To adjust your driver’s side mirror, move the mirror so you can barely see the edge of the vehicle in the mirror’s right-hand side when your head is against the left-side car window. To adjust the passenger side mirror, move it so that you can barely see the side of the vehicle in the left-side of the mirror when your head is just above the center console. This will give you much better view around your vehicle while driving.

Learn high-beam protocol

High-beams are a key tool to help you see on poorly lit roads at night and extreme daytime weather, but they can also be blinding. Make sure to turn off your high-beams when approaching another vehicle to prevent other drivers from becoming blinded by your lights. If other drivers on the road fail to do this it’s recommended to look at the right side of the road and follow the painted edge line instead of looking directly at the lights.

Make your left turns safer

When waiting to make a left turn point your wheels straight rather than to the left. If a car strikes yours from behind and your wheels are turned left you will be pushed into oncoming traffic. Stay safe by keeping them straight.

Keep your eyes moving

Don’t go into auto-pilot with your eyes while driving. Make sure to be checking your mirrors, looking far ahead and at the vehicles around you. Some drivers have a tendency of focusing solely on the car in front of them which can make it harder to realize that you’re getting closer and closer to them.

Keep your distance

While driving we can get in the habit of not leaving enough room between our car and the one in front of us. Time the distance between your car and the one in front of you by noticing when the car in front of you passes a marker on the road. When it does, time how long it takes for you to reach that same marker. A recommended time-distance to leave between your car and the car in front of you is 4 seconds which gives you enough reaction time in case the car in front of you suddenly breaks.

Go back to class

Over time the rules of the road change. If it’s been a long time since you last took a driving course perhaps a driving refresher course would be good for you. Doing so can help keep you up to speed on changed driving rules as well as keep your driving skills sharp.

Study your car

Get a deep understanding of your car’s features. Vehicles today are coming out with an increasing number of safety features on them, like rear-view cameras and lane departure warnings. Take time to research to learn their abilities and limitations so you don’t over rely on them but also take advantage of all your vehicle has to offer.

Learn how to properly use a roundabout

The one thing that many experienced drivers are still daunted by is roundabouts. If you find roundabouts intimidating focus on learning how to use them properly. There is an online guide available from the Ontario Ministry of Transportation.

Go to the optometrist

Having good eyesight is key for keeping your driving skills sharp. As you age eye problems can arise gradually, so they can be difficult to notice yourself. Getting your eyes checked regularly by an optometrist can help you catch any problems and allow you to have them addressed.

While you can be a very safe driver, sometimes accidents do happen. Fast dial #1000 free from your cell and we’ll get you the support you need.

March 30, 2018 Driving, Road Safety

Common Questions Personal Injury Lawyers Get

The field of personal injury law can be unclear and often leave people feeling confused and overwhelmed. There is emotional and financial stress that coincides with an injury and navigating the recovery process, both legally and health wise, can be daunting.

As personal injury lawyers, it’s important that our clients feel empowered and knowledgeable about their case; after all it’s their lives that are impacted. To alleviate some of the unknown, here are some of the common questions asked of our lawyers at Dye & Russell.

Why do I need a personal injury lawyer?

How soon after and accident or injury can I contact a personal injury lawyer?

How do I pay for the legal services?

How long does it take to settle my claim?

If you feel you have been wrongfully injured in an accident due to the negligence of another or have had your claim denied, contact Dye & Russell.

What You Should Consider When Disputing an Insurance Claim

Understanding the Levels of Spinal Cord Injury

5 Common Liability Claims Faced By Homeowners

Brain Injury Awareness Month: Preventing Injuries

Spring in to Cycling Season

How to be safe on a jog

A parent’s guide to pool safety

8 things to do after a car accident

Easy ways to improve your driving

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