Slip and Fall Lawyers
Cracked or broken sidewalks, slippery steps, ice-covered parking lots, or items on the floor: if someone has failed to keep their property safe and you have been injured there are several things you should do immediately to ensure you get the compensation you deserve:
- If the incident happened on city property, you must deliver written notice to the city within seven days of the slip or fall. Include your name, date of birth, and date, time and the exact location of the incident.
- Take pictures of the scene.
- Measure the trip ledge.
- Get the contact details of any witnesses.
- Keep your footwear and do not use it again.
- Save any documents that prove you were at the location of the incident.
- Contact Hooper Law, our slip and fall lawyers have years of experience in dealing with slip and fall injury cases.
Taking this action will help you prove liability, that the person or organization you are suing caused you to slip or fall and become injured.
The other party will try to blame you for the fall, so taking the steps above is very important.
If your lawsuit is successful, there are three types of compensation you may be entitled to:
- Pain and suffering and loss of quality of life (general damages) - This is a claim for your past, present and future pain, suffering, loss of quality and amenities of life. In Ontario, compensation ranges from $0 for a sprained thumb to $358,000 for someone who is brain-injured and quadriplegic.There is a $30,000 deductible applied to your general damages if they are assessed at $100000 or less.
- Pecuniary damages (loss of wages) - This is a claim for loss of wages in the past, present and future, including any money not included in your income replacement benefits. If you are unable to work (temporarily or for the rest of your life), return to work but make less money, or fail to get employment or promotion because of your injury, you may be entitled to compensation.
- Family Law Act Claim for loss of care, guidance and companionship - This is for family members who have experienced a loss of care, guidance and companionship, or have lost money due to another family member’s injury. Compensation for every family member is subject to a $15,000 deductible. Claims by family members are very low in Ontario. The compensation assesment does not usually rise above the $15,000 deductible.
- Out-of-pocket expenses and future care costs - This compensates you for any expenses caused by ongoing medical difficulties, including over-the-counter prescription medication, rehabilitation devices, or parking and mileage for doctors’ appointments. You may have a claim for Future Care Costs and Housekeepong and Home Maintenance.
A case in which the Plaintiff, was injured as a result of a slip and fall. She slipped on a muddy concrete slurry substance that had pooled on the sidewalk just outside the store known as Crystal Shoes. As a result of the fall, she suffered a severe fracture of her right femur. Both defendants were found liable. Crystal Shoes was found liable in negligence to the Plaintiff because they owed a duty of ca5e to prevent injury to those using the sidewalk from substances emanating from his property. The City was found liable since it failed to keep the sidewalk in a reasonable stat of repair and since that failure was a cause of the accident and the damages sustained by the Plaintiff. The Judge awarded the Plaintiff (represented by Rob Hooper) $120,000 for pain and suffering, $171,000 for loss of past and future earnings capacity. The Judge awarded the Plaintiff’s husband $20,000 for loss of care, guidance and companionship.
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