OUR SERVICES

MOTOR VEHICLE ACCIDENTS


If you have been injured in a motor vehicle accident, you are entitled to claim Accident Benefits from your own Insurance company. These benefits may include income replacement benefits, medical rehabilitation benefits and other benefits. If someone else was at fault for the collision, you may also be entitled to claim damages from that party's Insurance company for pain and suffering, as well as other claims. The harsh reality is that Insurance companies operate for profit. Their financial interests conflict with their requirement to pay fair compensation. Securing fair compensation from Insurance company adjusters and lawyers is tough. Our motor vehicle accident legislation favours Insurance companies, and not victims of injury. Consider, for example, that there is a deductable of nearly $40,000 that applies to many personal injury claims for pain and suffering. Further, you cannot proceed with a claim for damages for pain and suffering against a negligent party unless your injuries are deemed both permanent and serious. If you recover you are not permanently injured, no matter how significant your injuries might have been. If you only partially recover, if your limitations are not deemed serious, you cannot proceed with a claim for damages for pain and suffering. Heidi Bergeron has expertise in motor vehicle accident litigation, managing both Accident Benefits and Torts claims successfully for more than 20 years.




SLIP AND FALLS


A slip and fall or trip and fall can cause serious injury. The Occupiers Liability Act provides that the owner or occupier of property must maintain that property so that it is reasonably safe. What is reasonably safe will vary depending on the nature and location of the property in question. What must be done to keep an outbuilding such as a barn reasonably safe, for example, might be different than what is required to keep one’s front walkway to a principal dwelling reasonably safe.
It is sometimes difficult to know who is at fault when someone is injured on a property hazard. Consider the case of a slippery sidewalk at a commercial store. Would one sue the owner of the property, the leasehold tenant who operates a store in the building, the property manager responsible to ensure the property is maintained, or the maintenance company who is responsible to maintain it? What if the slippery area is caused by a drip from eaves that are eroded? Is it a building deficiency, or a maintenance issue?
Not to mention, there are different standards for municipalities than there are for ordinary occupiers. To make it more complex still, there are different standards for municipal roads than municipal sidewalks and municipal parking lots. If you slip and fall on a municipal property, you must notify the municipality within a very short period of time, and you must be aware of the standards of maintenance that apply. You must also photograph the scene promptly or the conditions may quickly change, and be impossible to prove. In general, municipalities can ‘get away with’ a lot more than the average citizen. Slip & Fall cases against municipalities are tougher to win.
If you’ve been seriously hurt in a slip and fall accident, we will assess the merits of your claim, and if we can win your case, we’re happy to assist.




DOG BITES


Dogs have been equipped by nature with potentially dangerous anatomy – sharp teeth and powerful jaws. As a result, irresponsible dog ownership can lead to injury. This is why the Dog Owner’s Liability Act dictates that the owner of a dog is responsible for taking reasonable precautions to ensure that his or her dog does not bite or attack people nor pose a menace to public safety.

Navigating what constitutes “reasonable precaution” and determining liability in dog bite cases is a complicated task. We can help if you have suffered a serious dog-bite injury.




OTHER ACCIDENT RELATED INJURIES


While most personal injury cases result from motor vehicle accidents and slip and fall accidents, negligence of any sort can result in injury. If you have been injured as a result of negligence, you may have a meritorious claim.




SEXUAL ASSAULT CLAIMS


We represent victims of sexual assault claims. Contact me for a personal and confidential evaluation of your potential claim.





27 Princess Street, Suite #204

Kingston, ON | K7L 1A3

Tel: 613-547-2662

Fax: 613-766-6421

hbergeron@heidibergeron.com

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