Martin Law Office - Personal Injury Lawyerhttp://www.injurylawyerontario.net/Tue, 16 Oct 2018 8:20:34 -0700en-us<![CDATA[FAQS & NEWS]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/http://www.injurylawyerontario.net/why-martin-law/faqs-news/Tue, 16 Oct 2018 8:20:34 -0700Anniversary Celebration

Martin Law is celebrating 16 years of dedicated service to the people of Central and Eastern Ontario!

And Celebrating 21 Years Called to the Bars of Ontario & Alberta in 2018!

  21 Years a Lawyer . . . 21 Years Legal Experience

Shelley Martin, Martin Law Office, Belleville, Ontario, has been in practice for more than 20 years.

She is Your Community Injury Lawyer for Central & Eastern Ontario from Picton to Peterborough and all points between.

Called to the Bars of Ontario and Alberta, Shelley is a member of the Ontario Trial Lawyers Association and graduate of Queen's University, Kingston, Ontario, L.L.B. and B.A.(Hons). She completed her legal training and articles in Toronto, Ontario, with Dingwall, McLauchlin. In Alberta, she served articles of clerkship with the Alberta Court of Appeal & Queen's Bench (Calgary), with Mr. Justice A.M. Harradence, and completed articles with Alberta Justice, Appeals & Special Prosecutions.

She has a broad range of litigation experience including past experience as a Provincial Court Crown Prosecutor, Traffic Court Prosecutor, and as an associate with law firms practiced commercial litigation, civil litigation and family law.

Born in Bancroft, Ontario, and raised in both Bancroft and Tweed, Ontario, she is proud to call both North Hastings County & the Bay of Quinte her home.

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<![CDATA[Why Martin Law?]]>http://www.injurylawyerontario.net/why-martin-law/http://www.injurylawyerontario.net/why-martin-law/Tue, 16 Oct 2018 8:20:07 -0700Martin Law offers a fresh approach to Injury Law.

Are you a number or a person?

At Martin Law, you are a person first and never a file number.

Martin Law is your hometown injury lawyer delivering personal, practical and efficient results. Don't settle for being a number.

Your lawyer should know you and call you by your first name.

Martin Law knows what hometown values mean.

Shelley Martin, Martin Law Office, Belleville, Ontario, has been in practice for more than 20 years.

She is Your Community Injury Lawyer for Central & Eastern Ontario from Picton to Peterborough and all points between. Called to the Bars of Ontario and Alberta, she is a member of the Ontario Trial Lawyers Association and graduate of Queen's University, Kingston, Ontario, L.L.B. and B.A.(Hons). She completed her legal training and articles in Toronto, Ontario, with Dingwall, McLauchlin. In Alberta, she served articles of clerkship with the Alberta Court of Appeal & Queen's Bench (Calgary), with Mr. Justice A.M. Harradence, and completed articles with Alberta Justice, Appeals & Special Prosecutions.

She has a broad range of litigation experience including past experience as a Provincial Court Crown Prosecutor, Traffic Court Prosecutor, and as an associate with law firms practiced commercial litigation, civil litigation and family law.

Born in Bancroft, Ontario, and raised in both Bancroft and Tweed, Ontario, she is proud to call both North Hastings County & the Bay of Quinte her home.

Talk to the Lawyer . . . From Start to Finish!

  • Experience
  • Service
  • Compassion
  • Accessibility

When you pick up the phone, you want a lawyer you can speak with directly and frankly. You need good communication and great rapport. A good working relationship leads to positive results.

Call Martin Law for your FREE CONSULTATION.

CALL: 613.966.3888 / TOLL FREE: 1.888.889.7226

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<![CDATA[Connected Cars]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/connected-cars-1356.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/connected-cars-1356.htmlTue, 16 Oct 2018 7:11:36 -0700When consumers assume their new car infotainment systems must be safe to use, everyone pays the price.

Touch screens. Paired phones. Bluetooth connectivity. Voice activated in-car technology. All these tech goodies draw our eyes off the road and our minds off our one job. Safe driving.

Social media has focused the spotlight on hand held smartphones and texting and driving. It's one of the most deadly threats on our roads. But distracted driving is still distracted driving even when slicked up in a shiny new package. The buck stops with the driver.

Check out Martin Law's new blog right here to learn more.

If you have been injured by a distracted driver, and you suspect the at fault driver was distracted by their infotainment system, call an experienced personal injury lawyer. Just because that driver was behind the wheel of an expensive car with a high tech touch screen display or state of the art voice command system, does not make it OK. It certainly doesn't make it safe. Distracted driving is distracted driving. It's that simple.

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<![CDATA[Infotainment Injury]]>http://www.injurylawyerontario.net/blog/infotainment-injury-5537.htmlhttp://www.injurylawyerontario.net/blog/infotainment-injury-5537.htmlTue, 16 Oct 2018 6:43:57 -0700When Our 24/7 Obsessions Cause Crashes

Keep Your Eyes On The Road & Hands On The Wheel

All the cool new cars have them. Infotainment systems. In-car technology. Multimedia systems by another name. They usually come standard on new vehicles. Did you know that many systems let drivers scan hundreds of satellite radio stations, pair their smartphone and send text messages, enter and follow GPS coordinates, check their Twitter & Facebook and surf the web all while cruising down the highway? Gone are the days of simply turning the dial to blast air con or jack up the tunes. Even a simple task like changing the radio station or switching from radio to air con could mean navigating through 3 plus touch screens. No wonder consumers are left confused and frustrated. Worse, those very drivers, and those they share the road with, are vulnerable to catastrophically severe car crashes.

Last Fall, the AAA (CAA's sister organization) issued a very public warning. Their AAA studies show that these vehicle infotainment systems take our eyes, hands, minds and attention off the wheel and off the road for prolonged dangerous periods of time. Even basic tasks like programming navigation and changing up satellite radio can distract us for more than 40 seconds at a time. When twinned with AAA's revelation that removing eyes from the road for just 2 seconds doubles the risk for a crash, the threat of on board distractions is clear. As AAA urges car manufacturers to lock these systems while in motion, responsible drivers can be proactive and just say no to onboard distracted driving.

Here's how:

  • GPS & Navigation: program your route before you leave the driveway;
  • Favourite Tunes? Just set it and forget it;
  • Declare Your Ride a Google Free Zone; and
  • Go Old School: pull over in safety to make & take that call or text.

Social media has focused the spotlight on hand held smartphones and texting and driving. It's one of the most deadly threats on our roads. But distracted driving is still distracted driving even when slicked up in a shiny new package. The buck stops with the driver. All drivers regardless of income and regardless of ride.

We have the power and obligation to use this new technology responsibly and in safety. If not, the number and severity of car crashes will climb. We know that we can't really have everything all the time 24/7. Multi-tasking is madness behind the wheel. Just because it comes standard in your car doesn't mean it is safe. And it doesn't mean drivers can put their brains in park and ignore the danger.

You can be sure that injury lawyers are watching these developments closely. So should consumers and drivers. When an at fault driver is convicted of distracted driving, one big pillar of our case has been made against their insurance company. Injury lawyers must prove, on the lesser civil standard, liability and damages to make our case. Liability means who is to blame. Damages mean the impact on the victim's life and include pain and suffering and income loss. That distracted driving conviction is a big practical help proving that first pillar or leg of liability.

If you have been injured by a distracted driver, and you suspect the at fault driver was distracted by their infotainment system, call an experienced personal injury lawyer. Just because that driver was behind the wheel of an expensive car with a high tech touch screen display or voice command system, does not make it OK. It certainly doesn't make it safe. Distraction is distraction whether you are putting along in your beater with your phone on your lap or purring along in your Mercedes posting tweets about your fab weekend. Distracted driving is an equal opportunity offender. Your brain is not where it's supposed to be.

Call an experienced injury lawyer. Find out where you stand.

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<![CDATA[Drive Safe Thanksgiving Weekend!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/drive-safe-thanksgiving-weekend-9110.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/drive-safe-thanksgiving-weekend-9110.htmlWed, 03 Oct 2018 8:59:56 -0700Martin Law wishes you and your family a very Happy Thanksgiving.

Be aware of heavy traffic on our holiday roads.

Drive safe for friends, family and all you meet on our busy holiday highways.

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<![CDATA[Catch the Blog]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/catch-the-blog-540.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/catch-the-blog-540.htmlMon, 17 Sep 2018 3:58:14 -0700Be on top of the issues and concerns that matter most to you.

Free read our Martin Law Blog right here for the latest news.

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<![CDATA[Blog]]>http://www.injurylawyerontario.net/blog/http://www.injurylawyerontario.net/blog/Mon, 10 Sep 2018 8:05:43 -0700

What's Up In the News?

Developments That Impact You . . .

Subscribe to our Blog or Website for updates!


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<![CDATA[Home]]>http://www.injurylawyerontario.net/home/http://www.injurylawyerontario.net/home/Mon, 10 Sep 2018 8:03:19 -0700Have you been injured in a car accident, car crash, or a slip and fall and need an injury lawyer?

Recover what you deserve.

While compensation for your injuries will never make you whole, it can provide much needed assistance for your future.

It is your future. Take control now.

Personal injury law is the only work we do, and Martin Law does not act for any insurance companies.

Martin Law will help you through your injury claim . . . one step at a time.

Have you been seriously injured in Central or Eastern Ontario?

Call 613-966-3888 or TOLL FREE 1-888-889-7226

For Your FREE CONSULTATION

Talk to the Lawyer ... From Start to Finish!

Your time is valuable. When you need to talk to a lawyer, call Martin Law to speak to an actual lawyer directly.

*Call Martin Law to get the information you need.

*Prefer to email? Then use our easy CONTACT FORM.


*Shelley M. Martin Law Office Professional Corporation

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<![CDATA[Falling into Fall]]>http://www.injurylawyerontario.net/blog/falling-into-fall-8212.htmlhttp://www.injurylawyerontario.net/blog/falling-into-fall-8212.htmlMon, 10 Sep 2018 7:51:32 -0700

Guess what? Our icy Winter is not the most hurtful season for pedestrians after all.

Is there no safe season out there? Not really. Injuries happen year round. And Fall rains lead to slick and slippery surfaces when property owners fail to maintain their premises.

What are the most common Fall hazards that this law firm sees?

  • wet floors when the rain is tracked in and left unmopped;
  • loose, bubbled and bunched up runners and hall mats; and
  • store entrance mats never meant for high traffic entrance use but recycled from the back room by store management to save money and control cleaning costs. A bad mat equals a bad injury. It's that simple.

If you are injured by any of these known offenders this Fall, learn how to navigate the path to legal and medical recovery.

Here are your Martin Law Top 5 Tips:

  1. Go To The Hospital: Getting medical attention is essential for your well being. It also documents your injury and starts a written record of your injury and treatment. After you get emergency treatment, follow up with an appointment to your family doctor. Your family doctor will be your key day to day treatment provider and your primary medical record keeper;

  1. Get Names: there are always witnesses. Somebody always sees something. Get names and contact information. Details fade with time. And witnesses can become more distant and reluctant to get involved as every day passes;

  1. Take Pics: hopefully you already thought to ask a witness or helpful Samaritan to snap a pic on your own cell phone of what caused you to fall before you left the scene. If you didn’t, now is the time to ask a family friend or family to go back - if they can do so in safety and it’s an area accessible to the public - to take photos. If the property owner asks them to leave, they must leave. While the best bet is to have a picture of what caused your fall, a picture showing the offending rug, step, etc repaired and in good shape a day later also shows that the owner/occupier of the property was worried and tried to go for the quick fix after the fact. Sometimes property owners go back to their old habits after a few weeks because they don't have time and think it’s just too much bother and that rug, step or whatever is right back in the same bad state it was when you fell. Photos are not just helpful, they are hugely helpful for your case;

  1. Bag It: carefully bag your ripped and torn pants, shirt,  glasses, damaged hearing aid and any other clothing or personal items damaged in the fall. Don’t wash those clothes. Don’t iron them. Just leave them as is. Place them in a safe, easy to find spot in your home. Write a note to yourself to help you remember where you stored them; and

  1. Take A Memo: set aside a quiet hour to write out in detail exactly what happened that day and how the fall occurred. Try your best to go through the happening of the injury step by step including the events leading up to the fall and what happened after you fell. Write out in as much detail as you can what people said to you after you fell. The details are fresh in your mind now. Take the time to do it right now before you forget those details. Your written account of what happened to you is your private property. You don’t have to give this to an insurance adjuster or insurance investigator if you don’t want to. You can choose to share it with your lawyer instead and she can help you to decide when to share and with whom.

What if you fell on an Ontario Municipal (City, Town or Village) sidewalk or Government property?

All of the above. With one very important difference: a Notice Letter may also need to be sent ASAP (within 10 days of the fall) to the Municipality or you risk the possibility that a future lawsuit could be barred for failure to notify that Municipality.

If you think there is any chance that you were injured on Municipal property, you need to call an experienced injury lawyer immediately to obtain specific and timely advice critical for your situation. Even if you’ve missed that 10 day notice window, call a lawyer now. Never give up or assume you may be out of time without speaking with a lawyer first.  

Fall injuries can be severe and life changing. Help yourself by being smart about your injuries and your claim. Be in the know this Fall.

Get the help you need by calling an experienced injury lawyer to discuss those injuries.

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<![CDATA[Fall Falls]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/fall-falls-1140.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/fall-falls-1140.htmlMon, 10 Sep 2018 7:34:01 -0700Fall injuries can be severe and life changing.

Help yourself by being smart about your injuries and your claim.

Check out Martin Law's latest blog right here.

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<![CDATA[Labour Day Long Weekend Plans?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/labour-day-long-weekend-plans-2239.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/labour-day-long-weekend-plans-2239.htmlThu, 30 Aug 2018 8:00:50 -0700Summer's last big long weekend is right around the corner. Are you road tripping this long weekend? Got travel plans?

Enjoy your holiday and drive safe to arrive alive for friends and family.

In the excitement to get away for good times, don't forget your road safety skills.

Never forget that our Labour Day Long Weekend is still part of the 100 Deadliest Days on our Summer Highways.

Catch Martin Law's blog here and be aware before you hit the road.

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<![CDATA[Back 2 School]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/be-school-bus-aware-6744.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/be-school-bus-aware-6744.htmlThu, 23 Aug 2018 4:14:48 -0700Are You Ready for Back to School?

The big yellow bus will be on the road soon. Brush up on your bus safety.

Slow Down. Be Aware.

And don't forget to pack your patience.

Catch up on our Blog here. Be ready for back to school.

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<![CDATA[Ready To See That School Bus?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/ready-to-see-that-school-bus-5946.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/ready-to-see-that-school-bus-5946.htmlWed, 08 Aug 2018 8:12:29 -0700It won't be long before we meet that school bus on our busy neighbourhood roads. When back to school is just around the corner, there is no better time to brush up on our school bus road safety.

Get your school bus primer now and catch up with Martin Law's latest blog post here.

Be in the know before those buses start to roll.

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<![CDATA[7 Tips For School Bus Safety]]>http://www.injurylawyerontario.net/blog/7-tips-for-school-bus-safety-7491.htmlhttp://www.injurylawyerontario.net/blog/7-tips-for-school-bus-safety-7491.htmlWed, 08 Aug 2018 8:03:08 -0700

It won't be long before we meet that bus on our roads again. And when it comes to children on our busy highways, it's never too early to highlight back to school safety.

Keep these handy tips in mind:

1.         Flashing Lights Mean Stop

Cars traveling in both directions must stop for a school bus when it's lights are flashing. Your failure to stop may injure or kill a child. At the very least, failing to stop carries a hefty fine, demerit points and likelihood of increased car insurance rates.

2.         Mind Crossing Guards

Children count on their crossing guard to guide them safely to and from school. Those crossing guards count on you to be watchful and stop when needed.

3.         Slow Down

Obey the posted speed limits paying attention to reduced speeds in school zones and near playgrounds.

4.         Plan For Delay

Your drive to work will take more time. Plan accordingly and give yourself at least an extra 15 minutes cushion for your commute.

5.         Expect the Unexpected and Prepare For the Worst

Be prepared to brake for children. Keep in mind that children are also walking and biking to school and be vigilant. You are the adult driver. You will likely have the last clear chance to avoid a tragedy. Drive defensively.

6.         Just Drive

We have one job. Driving our car demands our full attention. Texting, talking on the phone, setting the GPS and eating breakfast behind the wheel, is distracted driving. It takes our eyes and minds off the road for too many precious seconds. Just make safe driving your priority.

7.         Be Aware

Back to school can sneak up on the best of us. Be ready for your first encounter with that school bus. Know that once August rolls around, all drivers should be ready to share the road with the school bus.

           

Our children's safety on the roads is everyone's priority.

Make sure you are prepared for back to school.

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<![CDATA[Road Tripping Your Long Weekend?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/road-tripping-your-long-weekend-6115.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/road-tripping-your-long-weekend-6115.htmlWed, 01 Aug 2018 5:45:01 -0700On our busy Highways this Holiday Long Weekend?

Make safe driving your only priority.

Martin Law wishes you and your family safe driving on our busy holiday roads.

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<![CDATA[Browse the Blog]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/browse-the-blog-179.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/browse-the-blog-179.htmlWed, 25 Jul 2018 7:58:30 -0700Stay up to date with issues that matter the most to you.

Catch our Martin Law Blog right here for the latest news.

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<![CDATA[LINKS]]>http://www.injurylawyerontario.net/my-communities/links/http://www.injurylawyerontario.net/my-communities/links/Mon, 02 Jul 2018 7:02:24 -0700You are not alone. Know there is helpful information to assist you!  ]]><![CDATA[Why Truck Safety Matters]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/why-truck-safety-matters-4981.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/why-truck-safety-matters-4981.htmlMon, 02 Jul 2018 6:37:52 -0700Trucks play a big role in the #100DeadliestDays of summer.

Experienced, safety-conscious professional truckers are the Kings of the Road.

Sharing the Road with Truckers is not only a necessity, it is a privilege.

But when a few, inexperienced young truck drivers are distracted behind the wheel, tragedies result.

Read our latest Martin Law Blog here to find out why truck on car collisions are different.

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<![CDATA[Truck Safety Matters]]>http://www.injurylawyerontario.net/blog/truck-safety-matters-9218.htmlhttp://www.injurylawyerontario.net/blog/truck-safety-matters-9218.htmlMon, 02 Jul 2018 6:12:06 -0700

Highway 401 is a major transportation artery in Ontario. And every year, transport trucks play a key role in fatal crashes. Recently, the OPP ran Operation Corridor in our neck of the woods and focused on commercial vehicle safety and the 'Big Four' of aggressive, distracted and impaired driving as well as seat belts. Because when cars and trucks collide, cars and their drivers lose.

Ontario business wouldn't survive without the hard work of the trucking industry. Safety-conscious, professional truckers are taking care of business day in and day out. It's a two way street. All drivers must remember to share the road and give truckers their needed space on our busy highways. However, some inexperienced truck drivers and growing industry demands lead to deadly truck on car crashes.

We know that motorists are much more likely to be killed or seriously injured in large truck crashes.  Trucks are exponentially heavier than cars. And those trucks are designed with greater ground clearance leaving passenger cars at deadly risk of under-riding trucks in crashes.

When truck driver error makes the news it makes an impact:

  • Inexperienced Young Male Truck Drivers: top the driver list in truck on car crashes;
  • Distracted Driving: those same young male drivers are already susceptible to distracted driving and calling or texting behind the wheel. But when commercial truck drivers try to balance personal calls and also deal with scheduling, tethering to managers, monitoring weather and road conditions and timing deliveries, tragedies result; and
  • Driver Fatigue: is a known problem in the industry. Many drivers are worried about falling asleep behind the wheel, running a sleep deficit due to long haul demands and prolonged night driving.

The industry and its safety organizations continue to stress improved driver training, especially for new, young recruits. New tech devices show promise with electronic on-board recorders, back up cameras and devices that block phone use.

But until tech promises become practical reality, truck on car crashes will continue. These crashes are different. They can be profoundly more severe and violent.

Truck on car crashes play a key role in the #100DeadliestDays of summer.

If you or your family are injured on the road in a truck on car crash, understand that your case may be different from a car on car crash. Call an experienced injury lawyer to discuss your claims. Find out where you stand.

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<![CDATA[Happy Canada Day Long Weekend]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-canada-day-long-weekend-1062.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-canada-day-long-weekend-1062.htmlFri, 29 Jun 2018 9:29:53 -0700Martin Law Wishes You & Yours a Safe & Happy Canada Day Weekend.

Stay Cool this Canada Day Long Weekend:

Please Slow Down, Just Drive and Share the Road to Arrive Alive for Family & Friends.

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<![CDATA[Father's Day Weekend]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/father-s-day-weekend-5528.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/father-s-day-weekend-5528.htmlMon, 11 Jun 2018 11:48:03 -0700

Making the Drive this Sunday to see Dad for Father's Day?

You're in good company.

Be prepared for busy, congested roads and highways this weekend.

Read our new Martin Law Blog right here to learn why summer driving is the most dangerous driving of all.

The best gift for Dad is to Be Safe and Just Drive for everyone's sake.

Share the road on your way to celebrate Dad.

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<![CDATA[Martin Law Summer Guest Author ]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/martin-law-summer-guest-author-6872.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/martin-law-summer-guest-author-6872.htmlMon, 04 Jun 2018 12:30:33 -0700

Martin Law is pleased to thank Picking Up Pieces for the opportunity to participate in their Summer Netletter.

Shelley Martin's article was just released today on their new Netletter.

We hope our Summer Driving Checklist provides practical & timely information for all drivers who must share our busy holiday roads.

Please remember to #DriveSafe to #ArriveAlive during these #100DeadliestDays of #Summer.

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<![CDATA[Summer Roads]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/summer-roads-6048.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/summer-roads-6048.htmlFri, 01 Jun 2018 9:18:51 -0700Did you know summer is the deadliest driving season of all?

Traffic, kids, phones, liquor and even mother sun all rack up the risks.

Read our new Martin Law Blog here and be in the know about Summer's Dark Secret.

Drive safe this summer. Arrive alive for family & friends.

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<![CDATA[Summer's Dark Secret]]>http://www.injurylawyerontario.net/blog/summer-s-dark-secret-9334.htmlhttp://www.injurylawyerontario.net/blog/summer-s-dark-secret-9334.htmlFri, 01 Jun 2018 9:09:15 -0700Everyone knows that dark, icy winter roads are the worst. Right? Wrong. Stats and studies make it clear that our summer roads are deadly dangerous. Now, more than ever, is the time to spread the word to slow down, drop the phone and share that summer road.

6 key points make the threat clear:

  1. Traffic: Canadians love their long weekend escapes to sun, sand and cottage country. Summer roads are busy roads. Drivers aren't the only ones enjoying the good weather. Pedestrians, children and bicyclists join the traffic on warm summer days. Everyone and their dog is out on the roads in the sunshine. Your chance of a severe crash and serious injury is maxed to the limit;
  2. Schools Out: and so are children and young drivers. On average, young drivers have little experience behind the wheel. And also on average, more teenagers and millennials are glued to their cell phones and devices. Inexperience and distracted driving is a deadly combination for everyone on the road;
  3. Buckle Up: when we think the roads are slick and icy, we naturally reach for that belt to gird ourselves for our stressful winter commute. But we still need that belt after the snow and ice melt. That seatbelt is more necessary than ever on our congested summer roads;
  4. Impaired Driving: liquor and cars don't mix. Too many Canadians get the party started before they have even left their driveways. MADD Canada reminds us that impaired driving in Canada kills hundreds and injures tens of thousands every year. The dangers of impaired driving are known to all. It's no shocker. Don't start to celebrate your vacation until you arrive alive at your destination;
  5. Stoned Driving: this summer ushers in a new era with the legalization of pot. Questions, both legal and practical, surround how actual impairment will be detected through roadside tests and observation alone. Politics aside, everyone can agree that driving on our busy summer roads requires every ounce of our concentration, skill and experience; and
  6. Sunny Days: Sunnybrook Hospital physicians now suggest that bright, sunny days play a shocking role in car crashes. Bright sunshine days hike the risk by approx 16%, across the board for all demographics, and can't be explained by glare at dawn or dusk. Possibly our judgment is skewed by bright sunlight so we feel that need for speed. When we assume the driving is good, we drive faster.  Check that speedometer and obey speed limit signs even when driving conditions are perfect. Sunshine is linked with an increased risk of a life-threatening motor vehicle crash. (From Abstract Jan.2017. Life-threatening motor vehicle crashes in bright sunlight, Redelmeier DA, Raza S. and Your Health Matters, Refresh your driving safety in time for the summer sun, May 15, 2017, Alexis Dobranowski).

Looks are deceiving. Winter isn't that bad after all. Summer, and it's gorgeous bright sunshine, is the one to watch for. So let's make hay while the sun shines and drive safe for everyone's sake this summer. Pass it on to family and friends. Spread the word so everyone can arrive alive this summer.

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<![CDATA[Best Mother's Day Gift]]>http://www.injurylawyerontario.net/blog/best-mother-s-day-gift-8361.htmlhttp://www.injurylawyerontario.net/blog/best-mother-s-day-gift-8361.htmlThu, 10 May 2018 8:27:20 -0700If you and the kids are planning to pack up the car to see Mom this Mother's Day Weekend, know that you are not alone as families crowd our highways to spend this Sunday with their special Mom.

Remember your basic safe driving skills. Remind yourself of the new challenges posed by our smartphones and car infotainment systems. Don't let today's smart tech make you stupid behind the wheel.

Distracted driving has emerged as one of, if not the, greatest dangers on our highways.

Let's get back to basics and drive safe for Mom:

  1. Just Drive. Put down the phone. Let that text or call go until you reach your destination.
  2. Share The Road. Busy family holidays make busy roads. Slow down and be aware of fellow motorists and pedestrians, cyclists and children on our sunny spring roads.
  3. Get Your Weather Fix Before You Get in Gear. Get up to date weather information and road forecasts before you get in the car. Don't open that app behind the wheel. Know what you are driving into and plan your drive to miss the worst of the bad weather.
  4. Do The Car 360. Before you hit the road, take the time to take a look at your ride. Check the tires. Check the oil. Check your lights. Top up your washer fluid.
  5. Slow Down & Chill Out. Be patient. Our highways will be jammed on Sunday. Everyone wants to see Mom. And everyone needs to arrive safely.

The best gift you can give this Mother's Day is to arrive safely and arrive alive for family and friends.

Share the road. And let everyone share the gift of safe driving.

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<![CDATA[Drive Safe 4 Mother's Day]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/drive-safe-best-mother-s-day-gift-6218.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/drive-safe-best-mother-s-day-gift-6218.htmlThu, 10 May 2018 8:26:42 -0700Hitting the highways this Sunday to see Mom for Mother's Day?

You're not alone.

You'll join many adult kids and grandkids as they pile into their cars to see Mom this weekend.

Read our new Martin Law Blog page right here for your safe driving primer.

Remember the best gift you can give Mom is always to drive safe.

Share the road so everyone arrives alive to celebrate Mother's Day.

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<![CDATA[Pay It Forward Day]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/pay-it-forward-day-1956.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/pay-it-forward-day-1956.htmlSat, 28 Apr 2018 9:55:51 -0700Today's the day to Pay It Forward and lend a helping hand.

Even a friendly, supportive smile can go a long way to lift a neighbour's spirits.

Today is also a great day to remember our Caregivers and to give thanks for their 24/7 support and love.

Whether you #PayItForward on social media or in your Community, a little thoughtfulness always yields dividends of good.

And a heartfelt 'Thank You' is always welcome.

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<![CDATA[Ready 4 #Spring?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/ready-4-spring-9497.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/ready-4-spring-9497.htmlTue, 17 Apr 2018 5:04:30 -0700Keep those snow tires on, your snow shovel on stand-by and your winter gear handy.

A stubborn #Spring means more time to catch up on Martin Law Blog's winter driving tips right here.

See what your Community Injury Lawyer sees every year.

And keep the faith. #Spring will bloom. Sometime soon.

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<![CDATA[Hats Off To Our Crossing Guards]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/hats-off-to-our-crossing-guards-980.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/hats-off-to-our-crossing-guards-980.htmlMon, 09 Apr 2018 10:37:13 -0700When was the last time you thanked your Crossing Guard?

Our community crossing guards are the unsung heroes of our little towns and big cities.

Learn how you can properly thank your crossing guard.

Read our Martin Law Blog. Click on our onsite link right here.

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<![CDATA[Thank Your Crossing Guard]]>http://www.injurylawyerontario.net/blog/thank-your-crossing-guard-1479.htmlhttp://www.injurylawyerontario.net/blog/thank-your-crossing-guard-1479.htmlMon, 09 Apr 2018 10:29:21 -0700

Have you thanked your Crossing Guard today?

Each and every school day, our crossing guards line up to protect our children. And every school day, these good men and women walk out into busy traffic to physically stop cars and trucks so our little ones may pass safely. Rain or shine, snow or sleet, our crossing guards put it on the line to make sure our kids get home safely.

So what can we do to show our appreciation?

The thing is, most parents are also drivers. Once we get this, we know what to do.

Drive safe and be courteous and vigilant drivers.

Keep these tips in mind and keep our children safe on our roads.

         

1. Let Them Do Their Job

Obey your crossing guards. Guards are out there for a reason. Children count on their direction and will follow where they lead. Crossing guards count on you to be courteous and vigilant so they can do their jobs in safety.

2. Slow Down

Obey the posted speed limits paying particular attention to reduced speeds in school zones and near playgrounds.

3. Expect the Unexpected and Prepare For the Worst

Drive in control and be ready to stop for crossing guards. Be prepared to brake for children. Keep in mind that children are walking and biking to school and keep your eyes open. As the adult driver, you will likely have the last clear chance to avoid a tragedy. Drive defensively.

4. Drop The Phone

You won't be able to react quickly and slow for a child if you are texting, talking on the phone, setting your GPS, applying your mascara or eating your breakfast behind the wheel. Make safe driving your priority and let everything else go until you park that car.

5. Thank Your Crossing Guard

Take the time to properly thank your crossing guard the next time your paths cross. A heartfelt thank you does a heart good.

You can even nominate your crossing guard to win parachute.ca's Canada's Favourite Crossing Guard Contest. Click here for the link. Ask your favourite crossing guard for permission before entering her name.

Take the time to thank your Crossing Guard today.

A little retro old-fashioned thank you never goes out of style.

But the best thanks is safe driving.

Honour our Community Crossing Guards by being thoughtful and careful behind the wheel.

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<![CDATA[My Communities]]>http://www.injurylawyerontario.net/my-communities/http://www.injurylawyerontario.net/my-communities/Fri, 06 Apr 2018 8:46:35 -0700Our Roots Run Strong and Deep in Central & Eastern Ontario . . .

Martin Law has been a part of your community for over 16 years.

Serving the people of Belleville, Bancroft, Madawaska Valley, Brighton, Trenton, Tweed, Madoc, Haliburton, Peterborough, Campbellford & Trent Hills, Stirling-Rawdon, Kingston, Napanee, Gananoque, Picton, Prince Edward County, Cobourg and the surrounding areas within Central and Eastern Ontario, Martin Law gives you the help you need.

Smart and caring personal injury legal advice is our business.

At Martin Law, we will help you get the compensation and settlement you need from the insurance companies. You deserve results.

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<![CDATA[Support Our Caregivers]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/we-support-caregivers-9524.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/we-support-caregivers-9524.htmlTue, 03 Apr 2018 11:54:33 -0700Caregivers help us 365 days a year so deserve more than one day of recognition.

We support our Community Caregivers year round. Send some love their way today and every day.

Click on our onsite link right here to find out more & read our Martin Law Care For Caregivers Blog.

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<![CDATA[Easter Sunday Driving]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/easter-roads-4586.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/easter-roads-4586.htmlSun, 01 Apr 2018 4:42:34 -0700Martin Law Wishes You Happy Easter This Morning!

Please #DriveSafe #DrivetoArrive & #BeSafe on our Holiday Roads when visiting Family and Friends.

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<![CDATA[Ready 4 Busy Easter Roads?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/ready-4-busy-easter-roads-9245.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/ready-4-busy-easter-roads-9245.htmlWed, 28 Mar 2018 9:59:16 -0700This will be the first real road trip of the year for most drivers.

Driving skills will be rusty. Our Holiday Roads are dangerous.

How can you protect Your Family on our Easter Holiday Roads?

Even the odds. Drop the phone. Do your homework. Pack your patience.

And read Martin Law's Easter Holiday blog. Click on our link right here.

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<![CDATA[Drive Safe For Easter Sake]]>http://www.injurylawyerontario.net/blog/drive-safe-for-easter-sake-4868.htmlhttp://www.injurylawyerontario.net/blog/drive-safe-for-easter-sake-4868.htmlWed, 28 Mar 2018 9:47:22 -0700Distracted driving related crashes headline the news every day. Phones, devices and infotainment systems pile on to the traditional worries of weather, maintenance, congestion and wildlife. Our busy roads are dangerous.

While we hope for the best for our holiday commutes, we know we must always prepare for the worst.

What Can We Do to Protect Our Family on Holiday Roads?

  1. Drop the Phone. Just Drive. Let that text or call go until you reach your destination. Be the solution. Never be the problem.
  2. Get Your Forecast Before Getting In Gear. Get up to date weather information and road forecasts before you get in the car. Don't open that app behind the wheel. Know what you are driving into and plan your drive to miss the worst of the bad weather.
  3. Do Your Homework. Check That Car. Check the tires. Check the oil. Check your lights. Top up your washer fluid.
  4. Heads Up For Safety. Watch for children and pedestrians on the road. Be aware that seniors and dog walkers may need more time to cross busy roads and intersections. Share the road with cyclists. Know that wildlife will be crossing roads. Deer are everywhere in this area. And if you see one deer starting across the road, know there are two, three or four more right behind. Pay attention to deer crossing signs and be prepared to stop. Moose are on the move North of 7. Be extra vigilant.
  5. Be Patient. Everyone has the same idea and our roads get jammed on Long Weekends. Getting angry with strangers on the road, or getting short with family in the car,  just distracts everyone from safe driving.

Drive safe and arrive alive for family and friends this Easter Long Weekend.

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<![CDATA[Contact Us]]>http://www.injurylawyerontario.net/contact-us/http://www.injurylawyerontario.net/contact-us/Tue, 20 Mar 2018 6:27:10 -0700Call: 613-966-3888 or TOLL FREE: 1-888-889-7226

For Your FREE CONSULTATION

Your time is valuable. When you need to talk to a lawyer, call Martin Law to speak to an actual lawyer directly.

Or if you would like to be contacted to discuss your injuries, please complete the ONLINE FORM BELOW:

*Please understand that submitting this form does not create a solicitor/client relationship or any other obligation.

Your personal information will be kept private and confidential. Please read Martin Law Privacy Policy for more information.


You should be aware that there are time limitations for personal injury lawsuits.

Please note that telephone and online contacts do not become clients unless and until Martin Law agrees to act for them, and that representation must be confirmed in a written retainer agreement.


If you wish Martin Law to call to discuss your case, please provide the following contact information and a short description of your injuries.

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<![CDATA[Happy St. Patrick's Day]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-st-patrick-s-day-2671.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-st-patrick-s-day-2671.htmlFri, 16 Mar 2018 4:36:15 -0700Did You Know?

St. Patrick's Day is this Saturday Night.

Families in Ontario are also driving home after a long March Break.

This Saturday Night is shaping up to be a very busy and dangerous time on our roads.

Please drive safely on our busy holiday roads this weekend.

Be Aware Out There. Arrive Alive For Family & Friends.

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<![CDATA[Time 4 Change]]>http://www.injurylawyerontario.net/blog/time-4-change-6942.htmlhttp://www.injurylawyerontario.net/blog/time-4-change-6942.htmlSun, 11 Mar 2018 6:36:43 -0700When we 'Spring Forward' we lose an hour of sleep. Doesn't sound like much does it? After all, it's only one hour. But that lonely little hour is so important to you and to everyone you meet on our roads this Spring.

Sleep loss means drowsy driving for thousands on our roads. And drowsy driving is distracted driving. It's also dangerous driving.

Research shows that it takes drivers days to adjust to the time shift. Some studies suggest the danger zone lasts almost a week - that's 7 full days - after the shift. And studies show a 15 to 20% increase in traffic fatalities on the Monday after that time shift (CDC Centers For Disease Control and Prevention citing Harrison Y. [2013] Sleep Med Rev. 17(4):285-292).

It also shows that those most vulnerable to the time shift are teenagers and young adults who are more likely to fall into the stay up late and sleep late demographic. Those very same young drivers are also more likely to be inexperienced and tethered to their smart phone behind the wheel. Given the epidemic of texting behind the wheel, 'Spring Forward' lends a whole new level of horror to distracted driving.

So what can we do?

Researchers suggest the following:

  • starting 3 days before the time shift, gradually move up bedtime and wakening, meals and exercise until you are in synch with the new time; and
  • an hour before bedtime, dim the lights and drop the phone, turn off the ipad, tablet and tv to help your body go to sleep.

But how realistic are these suggestions for that young demographic? These are really just the familar time shift techniques used by adult shiftworkers and those preparing for long haul flights. They only work if you are diligent and disciplined enough to follow. They are profoundly unlikely to be popular with teens.

Perhaps the best practical approach is to hammer home what we already know and should be practicing. Using the language and text that teens do know.

Both Twitter and common sense compel us to:

  • Be #AlertAtTheWheel. When tired, opt for public #Transpo or #RideShare;
  • No #DrowsyDriving: #TakeANap at home;
  • #JustDrive: focus on the road. That's it. Because #YouHadOneJob;
  • #DropItAndDrive: #PutDownThePhone already;
  • Don't #TextAndDrive: #ItCanWait; and
  • #ArriveAlive.

This is social media's one big job. It has the tools to get the message out. It's up to us to listen.

Spring highlights the danger of drowsy driving and the real fear of what happens when drowsy driving and distracted driving collide. Own your own driving after we Spring Forward this year.

The life you save may be your own.

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<![CDATA[Beware Daylight Savings]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/beware-daylight-savings-8544.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/beware-daylight-savings-8544.htmlMon, 05 Mar 2018 5:19:18 -0700When you Spring Forward this week to grab that extra hour of sun, know that many drivers are slow to make the change.

Know that Drowsy Driving is Distracted Driving.

Can Twitter, Facebook & Instagram help us get the message out?

Check out Martin Law's latest blog right here & be on the right side of change this Spring.

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<![CDATA[Pink Shirt Day!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/pink-shirt-day-1280.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/pink-shirt-day-1280.htmlWed, 28 Feb 2018 10:20:37 -0700#PinkShirtDay Reminds Us to #BeKind Today and Every Day
 

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<![CDATA[Drive Safe Family Day]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/drive-safe-family-day-6253.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/drive-safe-family-day-6253.htmlSun, 18 Feb 2018 6:42:37 -0700We wish you safe travels this Holiday Long Weekend.

Please remember to Drive for Winter Road Conditions, Slow Down and Share the Road to Arrive Alive for Family & Friends.

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<![CDATA[Valentine's Day!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-valentine-s-day-3335.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-valentine-s-day-3335.htmlMon, 12 Feb 2018 10:42:38 -0700Martin Law wishes you safe travels if you are on the roads this year visiting your Valentine.

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<![CDATA[Looking Fine Online]]>http://www.injurylawyerontario.net/blog/looking-fine-online-6935.htmlhttp://www.injurylawyerontario.net/blog/looking-fine-online-6935.htmlFri, 02 Feb 2018 4:28:36 -0700By now everyone has heard that if you have an injury claim, you should lay off social media. Facebook, Twitter, Instagram and LinkedIn are verboten. But there's a big difference between what we know and what we actually do. Insurance companies and their defence lawyers know all about our human weakness and our online craving. As a Plaintiff's lawyer, it is rare to show up at a Discovery and not be asked for screen captures of my client's social media accounts. 25 year old car accident victim? Get her Instagram. 65 year old slip and fall grandmother? Get her Facebook. It's now a standard in the defence lawyer's toolbox. And when Plaintiffs' lawyers refuse, motions are brought before our Courts.

Defence lawyers want the good stuff. Their hope is after surviving a severe car crash, the nightmare of multiple broken bones, years of painful medical treatments, the end of your career, mortgage foreclosure and impending personal bankruptcy, that you're still churning out happy pics online showing how much you love life and how fab you looked last Saturday night. And yes, some injured people do just that. Given the nature of social media, it really shouldn't be that shocking. It's no head-shaker.

For most lawyers, social media is like a sloppy virtual bulletin board. If you post it, you lose it. But is it really? The truth is we've got it all wrong. Social media is not mail. It is not phone records. Social media is not even like an old-time telephone party line. Social media is plain old theatre.

What lawyers and our legal system don't grasp is just how fake most of these personal posts really are. Mining for 'truth' in social media is like panning for gold in a salt mine. Social media truth is fools gold plain and simple. Social media marketers know this oh so well. Maybe it's time that our legal system took a page from these web entrepreneurs and looked long and hard at the value of social media evidence.

Marketers know what's what. Here's what they know and what our legal system should know:

  1. Brag Culture: everyone likes to win. And everyone likes everyone to know they are winners. Why post you feel like heck and look worse after a week in a hospital bed? No shower, no shave, no shampoo, no deodorant and the humiliation of being hauled by an attendant to the toilet. Who wants to hear about that. And nobody ever wants to see your GoPro footage of that. No one will ever 'like' that on Facebook. And definitely not #Winning;
  2. Self-Fulfillment: everyone wants to feel valuable, belong to a community and share with others. For months or even years, you have nurtured your online self. Are you going to destroy that image and upset the apple cart by tweeting about how much pain you are in and how depressed you are after an hour of grueling physio? Not likely. And definitely not 'likable";
  3. Self-Creation: social media gives people a second chance to make themselves in their own best image. People share content to create an idealized online persona. Does sharing this tweet make you look good? Look like a real somebody someone else would like to be friends with? If you look weak, needy and high as a kite on prescription painkillers, you probably won't get 'friended' today;
  4. Give the World a Coke: and a smile. If you're old enough to know that phrase, you already get it. People share posts and tweets because they hope the content will improve the lives of their audience. Marketers know how important it is to create easy 'helpful' content that can be adopted, shared with thousands, and immediately make everyone's lives better. What's the chance that a car crash victim's pic of their black and blue legs will make the cut? It won't have social media legs; and
  5. Spreading the Good Word: people share information to boost their social causes, political beliefs and brands they love. Tweeting about our own personal pain and struggles just seems selfish and petty in the grand scheme of things. Nobody wants to be seen as a whiner. What's the social good in that? So they hide the pain.

Is this all just armchair psychology? Maybe there's a bit of pop psychology to it. But don't doubt for a minute that social media marketers have the pulse of what's really ticking. For an interesting read, check out Dara Fontein's "Social Media and Psychology: 4 Things Marketers Need To Know" (HootSuite: August 2, 2017).

And for practical strategies of how to deal with your social media accounts when you've been injured, read Martin Law's Blog, "What Happens On Facebook Doesn't Stay On Facebook."

What's the take home skinny?

Don't take social media posts at face value. And never sacrifice our time-tested Principles of Evidence to accommodate the future. Don't forsake hard won lessons just to look modern and with it. Maintaining our Court's discretion to weigh the value and necessity of such 'evidence' is critical. Automatically allowing frilly and fake theatrical social media posts into evidence just because it's the future, strips our system of all that is good, reasoned and fair. Remembering our Principles of Evidence reminds us of that one Golden Rule: It's Still Hip to Be Square.

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<![CDATA[Don't Take It At Face Value]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/don-t-take-it-at-face-value-7912.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/don-t-take-it-at-face-value-7912.htmlThu, 01 Feb 2018 9:50:58 -0700Want the scoop on why injured people post the stuff they do?

Is it social science? Junk science? Or just common sense?

Check our our latest Martin Law Blog here to delve into the mess of social media mayhem.

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<![CDATA[Catch the Blog!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/catch-the-blog-890.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/catch-the-blog-890.htmlThu, 18 Jan 2018 5:30:53 -0700Stay up to date on issues and concerns that matter most.

Free read our Martin Law Blog here for the latest updates.

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<![CDATA[Winter Car Crashes]]>http://www.injurylawyerontario.net/blog/winter-car-crashes-1525.htmlhttp://www.injurylawyerontario.net/blog/winter-car-crashes-1525.htmlSat, 06 Jan 2018 6:31:12 -0700

Winter is here. The snow continues to fall. Car crashes happen. But crashes are not caused by winter weather alone. Crashes happen because of the negligent choices we make on our challenging winter roads.

Each winter, the same old offenders line up to take credit for crashes on our roads.

What does this injury lawyer see every season?

Here is Martin Law's New Year Countdown:

1.       Following Too Close

Rear-end collisions and fender benders happen when a driver fails to leave a reasonable stopping distance   between his car and the car in front. Poor driving conditions and slick roadways highlight the need for adequate distance. Slippery roads make it much more difficult to stop suddenly. Extra stopping distance is critical in winter driving conditions;

2.       Driving Too Fast

Speeding is a problem year round. But when roads are slippery and covered with slush, skidding and sliding through intersections becomes a real issue. Reduce speed when approaching an intersection. Be pro-active and watch for cycling of lights so you can adjust your speed and come to a controlled, safe stop when       necessary. Hard last minute braking in winter driving conditions is a recipe for disaster;

3.       I'm #1 Syndrome

Cyclists and pedestrians also need to use our roadways. Everyone is trying to get to work, get their errands done and pick up the kids. Your needs are not greater than anyone else's. Poor winter driving conditions make it even more imperative to slow down, be courteous and move over. Respect our Snow Plough Drivers,Tow Truck Drivers and First Responders. They risk their lives and their families' security to help motorists in the worst of winter weather. Let them do their job in safety. Impatience and failing to share the road make dangerous driving    conditions absolutely deadly;

4.       Winter Homework Fail

Topping up your windshield wiper fluid, replacing worn wiper blades and checking your lights before heading out  on our winter roads can make a world of difference. Every motorist needs to see and be seen. Navigating challenging conditions can become overwhelming when you can't see where you are going. It goes from bad to worse when no one else on the road can see you in the darkness and driving snow; and

5.       Texting & Driving

Distracted driving has now become the greatest problem all Canadians face on our roads. In Central/Eastern Ontario, texting behind the wheel seems to the biggest offender of all. Coping with poor winter driving conditions is a handful in and of itself. With a smart phone in your hand or lap, one hand on the wheel and one eye            on the road, difficult winter driving becomes deadly driving.

While social media campaigns and public appeals do make a difference, there is little chance that these Big Five Offenders are going to go away anytime soon.

Be mindful of yourself and others on our winter roads. All motorists must drive according to highway and weather conditions. Crashes don’t just happen. Innocent drivers shouldn’t carry the burden of other drivers’ bad behaviour in the winter time or any time.

Call an experienced personal injury lawyer to find out where you stand.

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<![CDATA[Winter Car Crashes]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/winter-car-crashes-2877.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/winter-car-crashes-2877.htmlTue, 02 Jan 2018 7:55:14 -0700Winter crashes happen because of the negligent choices we make on our challenging winter roads.

Each winter, the same old offenders line up to take credit for crashes on our roads.

What does this injury lawyer see every season?

Read Our New Blog Article here to see Martin Law's New Year Countdown.

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<![CDATA[Happy New Year 2018!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-new-year-2018-9381.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-new-year-2018-9381.htmlSun, 31 Dec 2017 5:50:49 -0700Martin Law Wishes You & Your Family a Happy, Healthy & Prosperous New Year 2018!

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<![CDATA[Merry Christmas & Happy Holidays]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/merry-christmas-2241.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/merry-christmas-2241.htmlTue, 19 Dec 2017 6:28:37 -0700Martin Law Wishes You Merry Christmas & Happy Holidays!

Enjoy The Holidays With Family & Friends.

Please Be Safe Driving On Our Busy Holiday Roads.

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<![CDATA[Driving Home For Christmas?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/driving-home-for-christmas-2339.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/driving-home-for-christmas-2339.htmlSun, 17 Dec 2017 6:53:54 -0700Martin Law Wishes You Safe Travels on our Holiday Roads this Christmas!

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<![CDATA[Need News?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/need-news-8210.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/need-news-8210.htmlTue, 12 Dec 2017 10:41:11 -0700Check out our new Martin Law Blog.

Round out the Year and ring in the New Year with the latest news.

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<![CDATA[Ready For Winter Driving?]]>http://www.injurylawyerontario.net/blog/first-snow-top-5-tips-3738.htmlhttp://www.injurylawyerontario.net/blog/first-snow-top-5-tips-3738.htmlWed, 06 Dec 2017 11:50:12 -0700Winter is coming and soon drivers will be out on our roads dealing with the white stuff once again.

Our top 5 first snow driving tips may clear the fall cobwebs and remind us that it's a whole new winter world out there.

  1. Do Your Homework: check the road conditions before you get in the car. Many local and national news and weather services carry road reports and the Ontario Ministry of Transportation (MTO) features their Reported Road Conditions and Reported Road Closures at ontario.ca/511. Remember to get your road Intel before you drive. Never open weather apps behind the wheel;

  1. Clean it Clear: brush off the snow. Scrape off the windshield frost. Don't make a hard drive worse by rolling with your view obscured;

  1. Take the Time: give yourself the gift of time. Leave early and prepare for slow traffic and slow driving conditions. Give yourself the time you need to arrive alive;

  1. Slow Down: speed and slick surfaces don't mix. Reduce your speed to match the new winter driving conditions; and

  1. Drop it and Drive: put down the phone. Concentrate on the road. You have one job and one job only: Drive Safe.

If you are injured this winter in a car crash because of another driver’s negligence, don’t just chalk it up to Mother Nature. Poor driving conditions mean all must drive with care. It’s that simple.

Read our companion Martin Law Blog No Free Pass For a Crash in Bad Weather so you are prepared when the at fault driver just blames it on the winter weather.

No one gets a free pass for bad driving in bad weather. Crashes don't just happen. All drivers must drive according to winter highway and weather conditions.

If you are injured in a winter crash call an experienced injury lawyer to find out where you stand.

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<![CDATA[Ready For Winter Driving?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/ready-for-winter-driving-7673.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/ready-for-winter-driving-7673.htmlTue, 05 Dec 2017 9:19:12 -0700Winter is coming and drivers will be out on our roads dealing with the white stuff once again.

Check out our Top 5 Tips here on our new Martin Law Blog.

If you are injured this winter in a car crash because of another driver’s negligence, don’t just chalk it up to Mother Nature. Poor driving conditions mean all must drive with care. It’s that simple.

Read our companion Martin Law Blog No Free Pass For a Crash in Bad Weather so you are prepared when the at fault driver just blames it on the winter weather.

No one gets a free pass for bad driving in bad weather. Crashes don't just happen.

All drivers must drive according to winter highway and weather conditions.

If you are injured in a winter crash call an experienced injury lawyer to find out where you stand.

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<![CDATA[First Snow Falls]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/first-snow-falls-1454.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/first-snow-falls-1454.htmlWed, 15 Nov 2017 12:19:47 -0700One of these mornings, we will wake up to freshly fallen snow.

It may look pretty but it's also dangerous.

What to do if the worst happens and you fall through no fault of your own?

Read our new Martin Law Blog here to catch our Top 7 Self-Help Tips.

Know where you stand.

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<![CDATA[First Snow Falls]]>http://www.injurylawyerontario.net/blog/first-snow-falls-249.htmlhttp://www.injurylawyerontario.net/blog/first-snow-falls-249.htmlWed, 15 Nov 2017 12:12:32 -0700The first snowflakes are in the air and the sky is dark and brooding.

It won't be long before the first skiff of wet snow hits the ground. And the sidewalks. And the parking lots. And the store aisles as hundreds of sloppy wet boots track in the wet stuff.

What happens if, despite your best efforts, you suddenly slip, trip and fall through no fault of your own?

If you have just had a fall because of a business or property owner’s negligence, there are steps you can take now that will be incredibly helpful for you down the road if you decide to hire an experienced injury lawyer:

  1. Seek Immediate Medical Attention: medical attention is essential for your well being. It also documents your injury & starts a written record of your injury and treatment. It’s essential. And after you get emergency treatment, follow up with an appointment to your family doctor. Your family doctor will be your key day to day treatment provider & your primary medical record keeper.

  1. Get Names: there are always witnesses to a fall. Somebody always see something. It’s rare there is absolutely no one. Get their names & contact information. Details fade with time. And witnesses can become more distant and reluctant to get involved as time passes.

  1. Take Pics: ideally, you already thought to ask a witness or helpful Samaritan to snap a pic on your own cell phone of what caused you to fall before you left the scene. If you didn’t, now is the time to ask a family friend or family to go back and take photos if they can do so in safety and it’s an area accessible to the public.

  1. Take Selfies: your bruises, cuts & scrapes will fade with time. If you can see them now, you can feel the pain now. Record your injuries before they are no longer visible to the eye. Ask a trusted family member to help you with the photos.

  1. Bag It: carefully bag your ripped and torn pants, top, coat, gloves, hat, glasses, damaged hearing aid and any other clothing or personal items damaged in the fall. Don’t wash those clothes. Don’t iron them. Just leave them as is. Place them in a safe, easy to find spot in your home. Write a note to yourself to help you remember where you stored them.

  1. Take Notes: set aside a quiet hour to write out in detail exactly what happened that day and how the fall occurred. Try your best to go through the happening of the injury step by step including the events leading up to the fall and what happened after you fell. Write out in as much detail as you can what people said to you after you fell. The details are fresh in your mind now. Take the time to do it right now before you forget those details. Your written account of what happened to you is your private property. You don’t have to give this to an insurance adjuster or investigator if you don’t want to. You can choose to share it with your lawyer instead and she can help you to decide when to share and with whom.

  1. Keep Receipts: keep all your receipts for all out of pocket expenses you incurred as a result of your fall. You would be amazed how quickly expenses add up. If in doubt, keep the receipt. A simple practice is to get an inexpensive notebook and tape or staple your receipts in each day. Don’t forget to use that notebook as a diary. Write down what your day was like living with your injury. Record your medical appointments including the name of the doctor you saw, what he told you and the name of any prescription. Record the impact of your fall injuries on your day to day life and your family’s lives. This is your diary of your pain & your loss. It is your personal property and you have the freedom to choose to share it with your lawyer.

What to do if you fell on a Municipal (City, Town or Village) sidewalk or Government property? All of the above. With one very important difference: a Notice Letter may also need to be sent ASAP (within 10 days of the fall) to the Municipality or you risk the possibility that a future lawsuit could be barred for failure to notify that Municipality. If you think there is any chance that you were injured on Municipal property, you need to call an experienced injury lawyer immediately to obtain specific and timely advice critical for your situation. Even if you’ve missed that 10 day notice window, call a lawyer now.

Remember to call an experienced injury lawyer to discuss your injuries. Find out where you stand.    

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<![CDATA[Remembrance Day Thank You]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/thank-you-on-remembrance-day-3103.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/thank-you-on-remembrance-day-3103.htmlFri, 10 Nov 2017 8:28:13 -0700On This Remembrance Day and Every Day . . .

Thank You For Our Freedom

Thank You For Your Service

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<![CDATA[Blaming The Victim]]>http://www.injurylawyerontario.net/blog/blaming-the-victim-9902.htmlhttp://www.injurylawyerontario.net/blog/blaming-the-victim-9902.htmlThu, 09 Nov 2017 6:37:45 -0700Every other day we read something new online chastising pedestrians for crossing the road with cell phones in hand. Cyclists too seem to bear disproportionate scorn for riding with their phones and buds. And when they are struck by cars, there is a social media sense that it was all 'their' fault. They were 100% to blame for their own injuries. They weren't being careful enough, weren't being vigilant enough and weren't being thankful enough to drivers for allowing them to use their road.

Distracted driving by motorists is a huge social problem. But it's too easy and much too simplistic to just toss pedestrians and cyclists into the same mix without looking at all the facts. Most of us would recognize that there is a difference. And most would agree it is particularly egregious when that injured pedestrian or cyclist is a child or teen.

Deep down, all drivers know that they must share the road. We know that pedestrians and cyclists are our partners in road safety. But every once in a while, motorists may need to be reminded of that reality.

Organizations like #VisionZero and it's affiliates like Vision Zero Network, remind us that all is not what it seems and urge us to resist victim shaming.

Motorists, and those who have designed our roads largely with their own motoring needs in mind, must continue to bear the lion's share of responsibility for everyone's safety and well being on our streets. It is motorists who pilot at speed five thousand pound juggernauts down the road. And it is motorists who nearly always have the last clear chance to avoid a crash with a pedestrian or cyclist.

With recent proposals to criminalize walking and texting in Ontario and other jurisdictions, it's important to first look at our existing law and ask if it truly is lacking. Old does not mean archaic or out of touch. Old, established laws aren't always bad. They are forged from decades of human experience and reflection. Our laws exist for a reason. In this case, that reason is to protect the most vulnerable on our roads.

Reverse Onus vs. Contributory Negligence: How Does That Work?

It's not an 'either or' situation. They work smoothly in tandem.

1. Reverse Onus Is King

Reverse Onus is first up on the table.

Drivers carry the burden. Our Ontario Highway Traffic Act has long recognized this reality. Our law makes it clear that motorists bear a reverse onus when they strike a pedestrian or cyclist.

Our Ontario Court of Appeal has explained that a specific act of negligence need not be proven by a injured bicyclist to show liability.

An injured bicyclist or pedestrian is only required to prove 1) the collision occurred and 2) that the collision caused the damages. The onus is firmly on the defendant driver to disprove her own negligence.

In practice, a bicyclist has always been considered a pedestrian for the application of this law.

The defendant driver always bears the bulk of liability and responsibility for the crash unless she can successfully prove that she was not negligent. This is not an easy task.

2. Contributory Negligence

Walking distracted into traffic or riding distracted in traffic isn't smart. And often it's the youngest, most inexperienced and most vulnerable amongst us who do it. For injury lawyers, this raises the issue of contributory negligence. In other words, when the injured do something that may have contributed to their loss.

That contributing action, if proved by the defendant driver, shifts a small proportionate percentage of responsibility for the crash onto the injured. But contributory negligence is only a small percentage of what goes into the negligence bucket to make a crash. The heaviest and biggest negligence bricks in that bucket usually belong to the at fault driver.

In practice, contributory negligence is really just a reduction of what an injured person gets in damages paid at the end of the day.

Contributory Negligence should never and could never exonerate a defendant driver.

The buck stops with the driver. The reverse onus lies squarely on the driver.

So What's The Road Ahead?

The temptation to blame the pedestrian or cyclist is hard to resist. As motorists, we have a deeply ingrained sense of ownership when it comes to 'our' streets. Sadly, our sense of ownership goes hand in hand with a desire to exclude others from our space. But ownership goes both ways. With privilege and entitlement, comes responsibility.

Sharing the road is hard to do. But it's not impossible. And pedestrians and cyclists most certainly do have rights. Our Ontario Highway Traffic Act has long affirmed those rights. Most millennials only know Ontario's HTA as tickets and speed limits. But it is so much more. And if allowed to do it's job, it offers a blanket of protection for pedestrians and cyclists. It's an oldie but a goody. Don't mess with a good thing.

Before we pass new criminal law in the hope of curbing a social phenom, and Ontario provincial quasi-criminal, regulatory law is toothy criminal law in every practical sense, perhaps we should carefully consider what our law already offers. Criminal law is a blunt hammer. There is nothing precise or surgical about it. Once passed, it's impact is sweeping and affects the daily lives of many. Often in ways that it's authors never truly intended. Perhaps the true, most practical answer lies within the strong reach of social media. Not with our Courts. This is a social trend that has captivated social media. Maybe social media should be the one to address it.

Call it #distractedwalking. Call it #zombiewalking. Call it #walkingstupid. But think long and hard before calling it a criminal offence.

If you are a pedestrian or cyclist and have been struck by a car, call an experienced injury lawyer to discuss your claim. Don't assume that you are to blame just because the negligent driver told you so at the scene. Don't think you are to blame just because your pals online said so. Call to find out where you stand.

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<![CDATA[Blaming The Victim?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/blaming-the-victim-8534.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/blaming-the-victim-8534.htmlWed, 08 Nov 2017 8:27:48 -0700Recent headlines, posts and tweets are targeting distracted walking.

Pics of Zombie Walking or Stupid Walking, fill our feeds.

But is this really a thing?

And are new proposed laws to stop zombies in their tracks really the best path?

What about our Ontario Highway Traffic Act?

What to do?

You can read our new Martin Law Blog here and wander into the debate.

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<![CDATA[Time Change Risks]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/time-change-risks-5034.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/time-change-risks-5034.htmlFri, 03 Nov 2017 4:56:03 -0700When you Fall Back this Sunday, be aware that changes to our sleep patterns & waking time is linked to an increase in car crashes and injuries.

Drowsy Driving is Distracted Driving.

When you turn your clocks back this weekend, remember to be aware on our roads.

Be Aware. Drive Safe.

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<![CDATA[Happy Halloween!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-halloween-1245.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-halloween-1245.htmlMon, 30 Oct 2017 9:01:04 -0700Martin Law Wishes You a Safe and Happy Halloween!

If you are on the roads this Halloween Night, please remember to safely share the road with our young trick or treaters.

Drop the phone and just drive.
 

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<![CDATA[Top 5 Halloween Safe Driving Tips]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/top-5-halloween-safe-driving-tips-6440.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/top-5-halloween-safe-driving-tips-6440.htmlSat, 28 Oct 2017 9:52:28 -0700As Halloween Night morphs into an inclusive adults also night of fun and festivities, more and more drivers take to our streets enroute to their parties.

If you plan to get behind the wheel this Halloween, think ahead. A little extra planning and attention may save a child's life.

Click here to check out Our Top 5 Halloween Safe Driving Tips.

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<![CDATA[Halloween Driving Safety Tips]]>http://www.injurylawyerontario.net/blog/halloween-driving-safety-tips-63.htmlhttp://www.injurylawyerontario.net/blog/halloween-driving-safety-tips-63.htmlSat, 28 Oct 2017 9:44:18 -0700Halloween Driving Safety Tips

On The Roads This Halloween?

Our Top 5 Halloween Safe Driving Tips

In just a few sleeps, all the little ghouls and goblins will be roaming our neighbourhoods. And as Halloween Night transitions into an inclusive adults also night of fun and festivities, more and more drivers take to our streets enroute to their parties. If you have big Halloween plans, please remember to share the road and our streets with children. Your extra care and attention is critical.

If you are behind the wheel on Halloween Night, please remember the Big 5 of Safe Halloween Driving:

  1. Slow Down. Speed kills. Leave a few minutes early and give yourself the extra time you need to deal with the congestion and traffic. Don't fall into the trap of rushing on the road because you didn't plan for the crowds;

  1. Stop For Children. Prepare for the worst and expect the unexpected. Children are excited and distracted as they race from door to door. Be aware that a child may run out in front of your car. As the mature adult driver of a vehicle, you have the last clear chance to avoid a tragedy;

  1. Avoid The 'Burbs. Don't drive in our heavily congested suburbs during peak hours of 6pm-9pm. Not only are the local kids out and about, van loads of rural children appear for easy suburban trick or treating;

  1. Put The Phone Down. Better yet, leave it at home. Don't drive distracted; and

  1. Don't Drink and Drive. Don't do it. Plan your designated driver. Call a cab. Cars, alcohol and streets full of children are a horrifying mix.

When you get behind the wheel this Halloween, think ahead. A little extra planning and attention may save a child's life.

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<![CDATA[Why Your Insurance Company Uses Surveillance]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/why-your-insurance-company-uses-surveillance-703.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/why-your-insurance-company-uses-surveillance-703.htmlThu, 12 Oct 2017 7:40:23 -0700Insurance companies love this stuff. It's expensive, takes forever and rarely nets any good, compromising pictures.

Why Do They Do It?

Click on Our New Blog Link right here to find out.

p.s. You Have Not Done Anything Wrong

p.p.s. You Are Not The Bad Guy

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<![CDATA[Why Am I Under Surveillance?]]>http://www.injurylawyerontario.net/blog/why-am-i-under-surveillance-1346.htmlhttp://www.injurylawyerontario.net/blog/why-am-i-under-surveillance-1346.htmlThu, 12 Oct 2017 7:32:00 -0700

Insurance companies love surveillance. It's expensive, takes forever, and rarely yields any good stuff or compromising pics. Understand that surveillance happens to 99% of injured victims. You are not alone.

So why do they do it?

You dared to start a claim. It's that simple.

Insurance companies are the real defendants in most injury claims. They pay the adjuster, hire and instruct the defence lawyer, hire and pay their professional defence doctors and ultimately approve any settlement of the claim and write the cheque. Surveillance is part of most adjusters' due diligence checklist. Insurance companies have standard operational policies and procedures to attempt to limit their exposure and limit their payout. It's not personal. You have not done anything wrong. You are simply one of thousands of injury victims in front of their camera.

It is the insurance company's hope that a private investigator can take a photo of you or film video footage of you doing an activity that you said you couldn't do or the ordinary person would think you couldn't do because of your injury.

Insurance companies are playing the odds that they get lucky with a questionable pic that suggests you can do more than you claimed.

The strategy is to attack your credibility and make it look like you are exaggerating your injuries and your limitations. You said you couldn't shovel the snow. Here you are shoveling snow.

What the photo or video doesn't show is the pain suffered during that five minutes of shoveling snow off the porch. The photo also doesn't show why you had to pick up that shovel. Chances are, your wife had a medical appointment and couldn't wade the snow to get to the sidewalk and out to the bus stop. No one else could or would help. Your neighbour was at work. And because of the injury, and the financial hardship that almost always results,  you  didn't have the cash to pay a commercial snow removal company to do the job. You had no choice but to pick up a shovel and live with the pain.

A surveillance photo is simply one frozen moment in time. It's literally a brief, bitten off second in time. Surveillance is never a helpful or rich measure of an injured person's ability to get back to work. Surveillance never shows the pain you are feeling at that moment. It most certainly can never show the pain you will suffer for the rest of your life because of someone else's negligence.

Surveillance never shows context. Surveillance never radiates the pain involved. And surveillance never explains. It is the job of an experienced injury lawyer to explain.

Here's what your injury lawyer will do:

  1. Review that Photo or Video With You: a picture is never worth a 1000 words. You have the words. Chances are the photo doesn't show your wife leaning on her cane slowly making her way to the bus stop. Chances are the photo doesn't show you leaning on the shovel, taking deep breaths between shoveling, and holding your back as you try to help your wife off the porch;
  2. Ask For a Complete Copy of the Unedited Video Footage: if the insurance company's lawyer wishes to actually rely on this photo and video at Trial, she should be prepared to hand over all of the unedited footage as well as the time logs and records made by the private investigator substantiating his work and his invoice. It is amazing what can be discovered. Time and date sequence often vary between the edited and unedited video; and
  3. Hire Your Own Expert: should the surveillance warrant the expense, then the plaintiff and his lawyer may hire their own video expert to review the footage and determine if  it is truly authentic.

No one video or picture is ever a 'gotcha', case-busting bomb. That's the stuff of bad B movies. It isn't real life. And picture perfect cases don't exist for either plaintiffs or defendants.

One last thing: Do you love Facebook and Twitter? Beware.

Because What Happens on Facebook, Doesn’t Stay on Facebook.

Insurance companies consider your social media accounts to be fair game and just a natural extension of their surveillance plan. If they are taking pictures, they are reading your Facebook and Twitter.

What you share with friends, you may end up sharing with the insurance company and the Court.

Read our companion Blog article for specific info about your Facebook and Twitter accounts.

Insurance companies know that even injured people are occasionally forced by circumstance and budget to attempt activities and chores.  Life happens. Surveillance is very common. It's a known trick of the trade. Talk to your experienced injury lawyer about it so that you know what to expect. Know where you stand.

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<![CDATA[Happy Thanksgiving!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-thanksgiving-8262.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-thanksgiving-8262.htmlThu, 05 Oct 2017 4:49:32 -0700Martin Law wishes you a Happy Thanksgiving with family and friends this weekend!

Drive Defensively and Plan Ahead to Avoid the Worst of Traffic on our Holiday Roads.

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<![CDATA[It's Our Blog Birthday! ]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/it-s-our-blog-birthday-2517.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/it-s-our-blog-birthday-2517.htmlThu, 14 Sep 2017 4:21:23 -0700One year ago today, we launched our very first Blog article.

Check out our first Martin Law Injury Blog right here at Injured When Shopping.

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<![CDATA[Trucks & You]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/trucks-you-713.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/trucks-you-713.htmlFri, 08 Sep 2017 7:36:59 -0700Cracks are appearing in large truck safety. In Canada, it is estimated that approx 15% of highway deaths each year are due to collisions involving large trucks. Large trucks are over-represented in highway deaths.

Motorists are much more likely to be killed or seriously injured in large truck crashes. Why?

Trucks are designed with greater ground clearance leaving passenger cars at deadly risk of under-riding trucks in crashes. Trucks are statistically more likely to be involved in multi-vehicle crashes thus spreading the injury exponentially. Trucks also weigh so much more than passenger cars.

And truck driver error is making the news. Make no mistake, truck on car collisions are different.

Read our latest Martin Law blog here for details.

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<![CDATA[Rolling With The Big Rigs]]>http://www.injurylawyerontario.net/blog/rolling-with-the-big-rigs-4095.htmlhttp://www.injurylawyerontario.net/blog/rolling-with-the-big-rigs-4095.htmlFri, 08 Sep 2017 7:33:26 -0700

Everyone's been there. Driving along in your small car and discovering that you are surrounded by large trucks intent on getting to where they're going. Make no mistake: the majority of truck drivers are incredibly conscientious, courteous and skilled professionals. Most have seen everything on the road. And that experience is gold for both the trucker and the drivers around them. But some inexperienced young truck drivers and the demands of the industry, whether intentional or perceived by drivers, are leading to devastating truck on car crashes.

Trucking in Canada is a $65 billion dollar industry and all Canadians are completely dependent on their hard work and long hours to put food on our table, gas in our tanks and consumer goods in our hands. Canada wouldn't function if it weren't for truckers. In a country this large and vast, it's just that simple.

However, cracks are appearing in large truck safety. In Canada, it is estimated that approx 15% of highway deaths each year are due to collisions involving large trucks (TIRF 2015; TIRF: Road Safety Bulletin: A Question of Size, 01/2017, Daniel R. Mayhew, Robyn D. Robertson, and Stephen W. Brown). Large trucks are over-represented in highway deaths. And motorists are much more likely to be killed or seriously injured in large truck crashes.

Why?

Trucks are designed with greater ground clearance leaving passenger cars at deadly risk of under-riding trucks in crashes.Trucks also just weigh so much more than passenger cars. Trucks are statistically more likely to be involved in multi-vehicle crashes thus spreading the injury exponentially.

And truck driver error is making the news:

  • Young Male Drivers: of large trucks are heavily over-represented in crash studies. Inexperience is a key factor;
  • Driver Fatigue: has long been recognized as a major problem in the industry and drivers themselves are concerned about falling asleep behind the wheel. Sleep deficit due to long haul demands, prolonged night driving and predominantly single drivers lagging in sleep and rest compared to fewer team driving pairings, all are problematic;
  • Distracted Driving: while the dangers of distracted driving and calling or texting behind the wheel is a known major problem with all drivers, it can be even more of a danger for commercial truck drivers dealing with scheduling, tethering to managers, monitoring weather and road conditions and timing deliveries while juggling personal life and personal calls on the road; and
  • Driving High: while this is emerging as a known concern for all classes of drivers, medical marijuana use for pain control on the job has seeped into the trucking industry and there is concern that the normalization of marijuana use in society is leading us to minimize the risk of impaired driving. (trucknews.com  Doctor says fatigue and marijuana challenging for drivers and fleet managers, May 28, 2017).

The industry and its safety organizations are stressing improved, comprehensive driver training, especially for new, young recruits. Some safety tools like electronic on-board recorders, back up cameras, and devices that block phone use, are increasingly available and have been adopted by some in the industry.

But there's a bottom line to this that can't be ignored. Truck on car crashes are different by nature and, tragically, by severity of the crash. It's time to recognize that reality.

If you or your family are injured on the road in a truck on car crash, recognize that your case may be different from a car on car crash. Call an experienced injury lawyer to discuss your claims.

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<![CDATA[Deadly Summer Driving]]>http://www.injurylawyerontario.net/blog/deadly-summer-driving-331.htmlhttp://www.injurylawyerontario.net/blog/deadly-summer-driving-331.htmlThu, 31 Aug 2017 3:53:13 -0700Canadians often think our dark, snowy winter roads pose the greatest danger to motorists. And we'd be wrong.

Studies, stats and human experience now suggest that the crazy, hazy days of summer are the absolute worst days to be out on our roads.

5 key points make the threat clear:

  1. Traffic: huge numbers of Canadians jump in their cars to get out and enjoy our short-lived warm, summer weather. Our summer roads are more congested. More pedestrians, children and cyclists join the traffic on warm summer days. More people and more vehicles are on the roads. Your chances of a crash and injury rise exponentially;
  2. Summer Break: most schools are out and so are children and teenage drivers. On average, teenage drivers have less practical experience behind the wheel. And also on average, more teenagers are tethered to their cell phones and devices. Inexperience and distracted driving makes a deadly combination for young drivers and for everyone else they meet on the road;
  3. Failing to Buckle Up: the nice weather and clear roads may lull drivers into thinking they don't need that seatbelt. In the winter, when we fear our car may slip and slide off the road, we naturally cocoon ourselves with every safety device available. But given the realities of dangerous summer driving, every driver should be belted in year round;
  4. Impaired Driving: MADD Canada reminds us that impaired driving in Canada kills hundreds of people and injures tens of thousands every year. The dangers of impaired driving are obvious to all yet the risk remains high on long weekends and throughout the summer months. Don't start to celebrate your vacation until you arrive alive at your destination; and
  5. That Beautiful Summer Sun: very recent studies by Sunnybrook physicians suggest that bright, sunny days play a surprisingly big role in car crashes. Gorgeous, sunny days increased the risk by approx 16%, across the board for all demographics, and wasn't explained by glare at dawn or dusk. One reason may be that our judgment is skewed by bright sunlight and it tempts drivers to speed. When we assume the road conditions are good, we drive faster. The authors warn us to check our speedometer and obey speed limit signs even when conditions are perfect. Bright sunlight is associated with an increased risk of a life-threatening motor vehicle crash. (From Abstract Jan.2017. Life-threatening motor vehicle crashes in bright sunlight, Redelmeier DA, Raza S. and Your Health Matters, Refresh your driving safety in time for the summer sun, May 15, 2017, Alexis Dobranowski).

So many Ontarians have heeded the winter warning to "drive for the road conditions" that we forget that driving safe and within the speed limit is a year round imperative.

Experienced injury lawyers have noticed this cycle for years. As tempting as it is to leave your cares behind in the summer sunshine, don't drop your guard. Our Ontario summer roads and highways can be deadly. Drive safe this summer.

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<![CDATA[Back To School Road Safety]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/back-to-school-road-safety-7021.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/back-to-school-road-safety-7021.htmlWed, 23 Aug 2017 10:19:28 -0700The end of August is a perfect time to renew our back to school road safety skills.

The buses will be rolling soon. Are you ready for back to school?

Catch our new Blog right here to review our 6 back to school safety tips.

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<![CDATA[Back To School Road Safety]]>http://www.injurylawyerontario.net/blog/back-to-school-road-safety-7733.htmlhttp://www.injurylawyerontario.net/blog/back-to-school-road-safety-7733.htmlWed, 23 Aug 2017 10:13:04 -0700

The big yellow bus will be out on the roads soon and late August is a perfect time to brush up on our road safety.

Keep these tips in mind and keep our children safe on the roads.

1. Stop For Those Flashing Lights

Cars traveling in both directions must stop for a school bus when it's lights are flashing. Failing to stop carries a hefty fine, demerit points and likelihood of higher insurance rates. Most important, failing to stop could gravely injure or kill a child.

2. Obey Crossing Guards

Guards are out there for a reason. Children count on their direction and will follow where they lead. Crossing Guards count on you to be courteous and vigilant so they can do their job safely.

3. Slow Down

Obey the posted speed limits paying particular attention to reduced speeds in school zones and near playgrounds.

4. Plan For a Longer Commute

Know that your drive to work will take more time. Plan accordingly and give yourself at least an extra 10 minutes cushion to drive and arrive safely.

5. Expect the Unexpected and Prepare For the Worst

Be prepared to brake for children. Keep in mind that children are also walking and biking to school and be vigilant. They are excited to see their friends after a long summer break and may be distracted. As the adult driver, you will likely have the last clear chance to avoid a tragedy. Drive defensively.

6. Quit the Distracted Driving

You simply won't be able to react quickly and slow for a child if you are texting, talking on the phone, setting your GPS, applying your mascara or eating your breakfast behind the wheel. Make safe driving your priority and let everything else go until you park that car.

Everyone can agree that a child's safety on our roads is everyone's top priority.

Be prepared for back to school. With a little forethought and time, we can all be better prepared for back to school road safety.

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<![CDATA[Have You Subscribed To Martin Law Blog?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/have-you-subscribed-to-martin-law-blog-2139.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/have-you-subscribed-to-martin-law-blog-2139.htmlFri, 11 Aug 2017 11:05:36 -0700Stay up to date with the latest injury law news.

Find out what it's important & trending in Ontario's injury community.

It's easy:

click here to be taken to our Blog Sign Up Page.
 

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<![CDATA[Summer Slips, Trips & Falls]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/summer-slips-trips-falls-7575.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/summer-slips-trips-falls-7575.htmlTue, 01 Aug 2017 4:10:40 -0700Summer falls can be completely unexpected, surprising and sometimes outright shocking. In summer, we reasonably bare legs and arms to cool down in the summer sun and are not bundled up and padded in extra winter clothing. There is no clothing cocoon around us to cushion the fall and reduce the trauma. And when we fall and are injured through no fault of our own, and because of the negligence of property owners and maintenance companies that failed to provide a reasonably safe place for us to walk, then those injuries can be life changing.

Some of the most serious injuries result from summer slips and falls. Icy winter weather is not the only culprit.

Stats Canada reminds us that 30% of all injuries occur in the summer. The likelihood of injury changes with the season and is actually higher in the summer months than winter. The summer is trauma season, and experienced injury lawyers see the spike in trip and falls in stores, parking lots and sidewalks as well as car crashes on our deadly summer roads.

Don't discount your  injuries and loss just because you fell during the summer months. Don't let anyone tell you that your injuries count for nothing just because you fell in the summer.

Click on our link here to read our full blog article including our 7 tips.

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<![CDATA[Severe Summer Falls]]>http://www.injurylawyerontario.net/blog/severe-summer-falls-9295.htmlhttp://www.injurylawyerontario.net/blog/severe-summer-falls-9295.htmlTue, 01 Aug 2017 4:00:49 -0700Some of the most serious injuries result from summer falls. Icy winter weather is not the only culprit.

Stats Canada reminds us that 30% of all injuries occur in the summer. The likelihood of injury changes with the season and is actually higher in the summer months than winter. The summer is trauma season, and experienced injury lawyers see the spike in trip and falls in stores, parking lots and sidewalks as well as car crashes on our deadly summer roads. Click here to read our Sunshine Trauma Season Part I companion blog article.

The most startling information is that falls are the most common cause of injury hospitalizations in Canada. While sports injuries account for many fall injuries among adolescents, trip and falls top the list for seniors.

Summer falls can be completely unexpected, surprising and sometimes outright shocking. In summer, we reasonably bare legs and arms to cool down in the summer sun and are not bundled up and padded in extra winter clothing. There is no clothing cocoon around us to cushion the fall and reduce the trauma. And when we fall and are injured through no fault of our own, and because of the negligence of property owners and maintenance companies that failed to provide a reasonably safe place for us to walk, then those injuries can be life changing.

Common  summer slip and fall hazards include wet or oily surfaces, spills, rain tracked in and left unmopped, unanchored, loose and bunched up rugs or mats and flooring in need of repair.

Common summer trip and fall hazards include uneven walking surfaces, uncovered cables and cords, wrinkled and bunched up rugs or mats, merchandise temporarily and improperly stored in aisles and poor lighting.

The #1 trip and fall hazard that this law firm sees in injury cases? Store and commercial entrance mats. Mats that are curling, bubbling, frayed, dog-eared and not properly anchored . Many of these mats were simply never designed for high traffic entrance use but have been re-purposed in-house by store management to reduce tracked in dirt off the streets in attempts to control daily cleaning costs.

If you have just had a summer fall because of a business or property owner’s negligence, there are steps you can take now that will be incredibly helpful for you down the road when you decide to hire an experienced injury lawyer:

  1. Seek Immediate Medical Attention: if your injuries are visibly serious, an ambulance may be called right away. But sometimes people try to be brave, deny they are hurt and just try to get on with it and with their busy day. The pain grows with every hour and usually a close friend or family member ends up driving them to emerg. Getting medical attention is essential for your well being. It also documents your injury and starts a written record of your injury and treatment. It’s essential. And after you get emergency treatment, follow up with an appointment to your family doctor. Your family doctor will be your key day to day treatment provider and your primary medical record keeper.

  1. Get Names: there are always witnesses to a fall. Somebody always sees something. It’s rare there is absolutely no one. Get their names and contact information. Details fade with time. And witnesses can become more distant and reluctant to get involved as time passes.

  1. Take Pics: ideally, you already thought to ask a witness or helpful Samaritan to snap a pic on your own cell phone of what caused you to fall before you left the scene. If you didn’t, now is the time to ask a family friend or family to go back (if they can do so in safety and it’s an area accessible to the public) to take photos. Remember: if the property owner asks them to leave, they must leave. While the best scenario is to have a picture of what caused your fall, a picture showing the offending rug, step, etc repaired and in good shape a day later also evidences that the owner/occupier of the property was worried and tried to go for the quick fix after the fact. Sometimes property owners go back to their old habits after a few weeks because they think it’s just too much bother and that rug, step or whatever is right back in the same bad state it was when you fell. Photos are not just helpful, they are hugely helpful for your case.

  1. Take Selfies: your bruises, cuts and scrapes will fade with time. If you can see them now, you can feel the pain now. Record your injuries before they are no longer visible to the eye. Ask a trusted family member to help you with the photos. People can be embarrassed if their bruising is in private areas. Do your very best. Don’t forget to take a picture of the sensible shoes you were wearing when you fell. They may be your daily pair and if you need them to wear, take a photo now.

  1. Bag the Evidence: carefully bag your ripped and torn pants, shorts, top,  glasses, damaged hearing aid and any other clothing or personal items damaged in the fall. Don’t wash those clothes. Don’t iron them. Just leave them as is. Place them in a safe, easy to find spot in your home. Write a note to yourself to help you remember where you stored them.

  1. Write Down What Happened: set aside a quiet hour to write out in detail exactly what happened that day and how the fall occurred. Try your best to go through the happening of the injury step by step including the events leading up to the fall and what happened after you fell. Write out in as much detail as you can what people said to you after you fell. The details are fresh in your mind now. Take the time to do it right now before you forget those details. Your written account of what happened to you is your private property. You don’t have to give this to an insurance adjuster or investigator if you don’t want to. You can choose to share it with your lawyer instead and she can help you to decide when to share and with whom.

  1. Keep Your Receipts: keep all your receipts for all out of pocket expenses you incurred as a result of your fall. You would be amazed how quickly expenses add up. If in doubt, keep the receipt. A simple practice is to get an inexpensive notebook and tape or staple your receipts in each day. Don’t forget to use that notebook as a diary. Write down what your day was like living with your injury. Record your medical appointments including the name of the doctor you saw, what he told you and the name of any prescription. Record the impact of your fall injuries on your day to day life and your family’s lives. If you couldn’t take your kids to soccer because of the pain, write it down. This is your diary of your pain and your loss. It is your personal property and you have the freedom to choose to share it with your lawyer.

What to do if you fell on a Municipal (City, Town or Village) sidewalk or Government property? All of the above. With one very important difference: a Notice Letter may also need to be sent ASAP (within 10 days of the fall) to the Municipality or you risk the possibility that a future lawsuit could be barred for failure to notify that Municipality. If you think there is any chance that you were injured on Municipal property, you need to call an experienced injury lawyer immediately to obtain specific and timely advice critical for your situation. Even if you’ve missed that 10 day notice window, call a lawyer now. Never give up or assume you may be out of time without speaking with a lawyer first.  

Please remember to call an experienced injury lawyer to discuss your injuries.

Summer or winter, your injuries can be severe and life changing. Don't discount your  injuries and loss just because you fell during the summer months. Don't let anyone tell you that your injuries count for nothing just because you fell in the summer. You are not alone. Hazards are hazards year round. And summer is the most dangerous season of all.

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<![CDATA[Martin Law In Best Top Three]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/martin-law-in-top-3-injury-lawyers-ranking-7492.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/martin-law-in-top-3-injury-lawyers-ranking-7492.htmlThu, 20 Jul 2017 10:20:22 -0700For the 2nd time within 6 months, Martin Law Office ranks as one of the Top 3 Injury Lawyers in Belleville.

https://threebestrated.ca/personal-injury-lawyers-in-belleville-on

Also notable because Shelley Martin LLB is the local lawyer who lives in Belleville and makes it her home.

Celebrating 15 Years of Service to our Belleville, Quinte, Hastings & Prince Edward County communities.

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<![CDATA[Why Summer Means Big Crashes]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/why-summer-means-big-crashes-2360.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/why-summer-means-big-crashes-2360.htmlThu, 06 Jul 2017 11:12:58 -0700So many Ontarians have heeded the winter warning to "drive for the road conditions" that we forget that driving safe and within the speed limit is a year round imperative.

Our Ontario summer roads and highways can be deadly. Experienced injury lawyers have noticed this cycle for years. As tempting as it is to leave your cares behind in the summer sunshine, don't drop your guard.

Did you know that summer driving is dangerous? Read our Martin Law Blog for more info.

Drive safe this summer.

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<![CDATA[Happy Canada Day 150]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-canada-day-150-4576.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-canada-day-150-4576.htmlWed, 28 Jun 2017 3:40:16 -0700Happy Canada Day 150!

Enjoy the Holiday Long Weekend - Rain or Shine

Drive Safely on the Roads & Arrive Alive to Family and Friends

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<![CDATA[Have You Been Hit By a Car?]]>http://www.injurylawyerontario.net/blog/have-you-been-hit-by-a-car-8367.htmlhttp://www.injurylawyerontario.net/blog/have-you-been-hit-by-a-car-8367.htmlTue, 13 Jun 2017 11:15:22 -0700

Ontario road safety organizations remind us that pedestrians are vulnerable road users. Pedestrians are not protected by the cage of an enclosed vehicle and can't benefit from a vehicle's safety features like seat belts and airbags.  Pedestrians are smaller than vehicles and so less visible to moving traffic. A pedestrian is much more likely to be severely injured in a collision with a vehicle. (TIRF Nov/2015)

If this is you, and you have been hit by a vehicle, what should you do?

Here are our Top 5 Tips:

  1. Seek Immediate Medical Assistance. In a vehicle on pedestrian strike, chances are an ambulance has been called. Get the medical help you need. It is essential for your well being. It also documents your injury and starts a written record of your injury and treatment. After you get treatment, follow up with an appointment to your family doctor. Your family doctor is your key day to day treatment provider and your primary medical record keeper.

  1. Make a Police Report. Most likely, this will happen at the scene or even at the hospital. Ask the officer who takes your statement for her I.D. including her name, badge number and which police department she works for. Ask for one of her public information cards with her station phone number. Get a copy of the report when it is completed. It should have the driver's name, address and insurance information on it. You are entitled to this information. You need this information.

  1. Notify the Insurance Company. You should notify the insurance company within 7 days of the accident. If you are unable to do so because you are hospitalized and under treatment, then you need to do this as soon as reasonably possible. If you have your own car insurance, you can notify your own insurer. Even if you don't own a car or have car insurance, you have coverage as a pedestrian either with 1) the Driver's Insurance Company or 2) Ontario's Motor Vehicle Accident Claims Fund (MVAC). The Fund is a last resort when a pedestrian does not have their own car insurance and the at fault driver has no insurance or is unidentified. Never assume that the at fault driver has notified his own car insurer. You notify the insurance company.

  1. Take Selfies. Even better if family or a friend takes pics for you. Document your injuries. Bruises and cuts will fade with time. Casts will be removed. Record your injuries before they are no longer visible to the naked eye.

  1. Write Down What Happened. Take time to write out in detail exactly what happened that day and how the accident happened. Go through it step by step. The details are fresh in your mind now. Details fade with time.

If you've been hit by a car, protect yourself and call an experienced injury lawyer.

Don't rely on the at fault driver to do the right thing. Call and get the information you need.

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<![CDATA[Pedestrians Are Vulnerable]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/pedestrians-are-vulnerable-4504.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/pedestrians-are-vulnerable-4504.htmlTue, 13 Jun 2017 11:12:59 -0700Pedestrians are vulnerable road users. They are not protected by the cage of an enclosed vehicle and can't benefit from a vehicle's safety features like seat belts and airbags.  Pedestrians are smaller than vehicles and so less visible to moving traffic. A pedestrian is much more likely to be severely injured in a collision with a vehicle.

If this is you, and you have been hit by a vehicle, what should you do?

Read our latest Blog article for our Top 5 Tips.

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<![CDATA[TBI On the Rise - Did You Know?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/tbi-on-the-rise-did-you-know-9019.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/tbi-on-the-rise-did-you-know-9019.htmlThu, 01 Jun 2017 7:15:29 -0700Are You Aware?

Too often we overlook, misunderstand or even dismiss the signs of Acquired Brain Injury (ABI) in family, colleagues and neighbours. We now understand that the tough, old-fashioned Upper Canada maxim of “get over it and get on with it,” just doesn’t apply to concussions and brain injury.

Any concussion, whether suffered once, or repeatedly over a lifetime, is one too many. If you have suffered a concussion as a result of an injury, call an experienced injury lawyer for advice.

A number of regional, provincial and national organizations are also available to provide assistance, information and direction.

Check out our Helpful Links under My Communities

And read our latest Blog article for more helpful information.

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<![CDATA[Brain Injury: Are You Aware? ]]>http://www.injurylawyerontario.net/blog/are-you-aware-7370.htmlhttp://www.injurylawyerontario.net/blog/are-you-aware-7370.htmlThu, 01 Jun 2017 7:05:26 -0700

The Ontario Brain Injury Association reminds us that more than one million people in Canada are living with a brain injury. In Ontario alone, nearly 45,000 people will sustain a brain injury this year. That's a staggering statistic.

A concussion should never been ignored or just chalked up as part of the game. For decades, we’ve dismissed concussions as part of life or just reality. And we’ve done nobody any favour. Not the injured person. Certainly not their family who often are turned to for daily assistance and support. A concussion is not just getting your bell rung or seeing stars. A concussion is a brain injury. There is no cure and never any easy fix.

“Brain injury in Canada is a silent epidemic. In Canada, brain injury is the number one killer and disabler of people under the age of 44.”

“The social, emotional and economic consequences of brain injury are in fact devastating not only to the survivors themselves, but to family members, caregivers, support workers and the community at large – everyone involved with working towards neuro-rehabilitation and recovery. And currently, there are no drugs or techniques that can cure a brain injury.”

braininjurycanada.ca

Car crashes, slips and falls and bicycle collisions are among the leading causes of brain injury in Canada.

In fact, the CDC (US National Center for Injury Prevention and Control) targets Falls as the leading cause of TBI (40 percent) in the US.

The Ontario Brain Injury Association also explains“that eighty to ninety percent of all traumatic brain injury is classified as mild (mTBI),” and tragically that “21% of people with brain injury waited more than one year for rehabilitation to begin; 9% waited more than 5 years.”

Too often we overlook, misunderstand or even dismiss the signs of Acquired Brain Injury (ABI) in family, colleagues and neighbours. We now understand that the tough, old-fashioned Upper Canada maxim of “get over it and get on with it,” just doesn’t apply to concussions and brain injury.

Any concussion, whether suffered once, or repeatedly over a lifetime, is one too many. If you have suffered a concussion as a result of an injury, call an experienced injury lawyer for advice. A number of regional, provincial and national organizations are also available to provide assistance, information and direction.

Check out our Helpful Links under My Communities.  

A concussion should never be suffered alone or in silence.

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<![CDATA[Happy Victoria Day Long Weekend]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-victoria-day-long-weekend-8993.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-victoria-day-long-weekend-8993.htmlSat, 20 May 2017 6:06:21 -0700Serious road collisions are on the rise in Ontario.

Distracted driving has become a serious problem but sadly is not viewed as a serious issue by many drivers when they continue to call and text behind the wheel.

Drive safe and arrive alive for family and friends this Victoria Day Long Weekend.

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<![CDATA[Family Matters]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/family-matters-1422.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/family-matters-1422.htmlTue, 02 May 2017 6:40:22 -0700We see parents, grandparents, children, spouses and siblings stretched to the max just trying to deal with their loved one's car crash or slip and fall injuries. Family Law Act claimants (close family members with a companion claim) struggle to help during the lawsuit and ultimately must continue to struggle for years after the case has ended.

But what is a Family Law Act claim and why does it matter to my family?

In Ontario, we have a law called the Family Law Act passed years ago by our Ontario Legislature. Under that Act, family members may claim for both financial loss as well as their loss of your care, guidance and companionship suffered as a result of your injury. This law gives your family a number of rights and an opportunity to claim money for those damages.

However, like most things in life, with those rights come responsibilities.

Read Martin Law Blog to learn more about your family's claims.

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<![CDATA[Family Matters]]>http://www.injurylawyerontario.net/blog/family-matters-4463.htmlhttp://www.injurylawyerontario.net/blog/family-matters-4463.htmlTue, 02 May 2017 6:25:28 -0700As outlined in Martin Law's recent companion blog article, Are You A Caregiver?, it's estimated that as many as 4 million Canadians have become informal and unpaid caregivers for family (Brain Injury Canada). That's a huge number of unsung heroes battling every day to help a loved one while struggling to get by with their own lives, work and burdens.

We see parents, grandparents, children, spouses and siblings stretched to the max just trying to deal with their loved one's car crash or slip and fall injuries. Family Law Act claimants (close family members with a companion claim) struggle to help during the lawsuit and ultimately must continue to struggle for years after the case has ended.

But what is a Family Law Act claim and why does it matter to my family?

In Ontario, we have a law called the Family Law Act passed years ago by our Ontario Legislature. Under that Act, family members may claim for both financial loss as well as their loss of your care, guidance and companionship suffered as a result of your injury. This law gives your family a number of rights and an opportunity to claim money for those damages. However, like most things in life, with those rights come responsibilities.

Let’s break these FLA (Family Law Act) claims down into step by step bullet points:

  • Who can make a FLA claim? Traditionally, we thought of this class of plaintiffs as the spouse plus biologically two generations up, two generations down and one step sideways. In other words, your husband or wife and then up the family tree for parents and grandparents and then down the family tree for children and grandchildren.  Then sideways across the branches for brothers and sisters. However, our modern reality of blended families has broadened this class and a biological relationship is not strictly required. For example, if your parents are in a permanent relationship and/or you are their adopted child and have suffered an injury, then these modern family relationships will certainly be considered;

  • What can Family claim? Lawyers talk about pecuniary and non-pecuniary loss. This translates to:

  1. tangible out of pockets are actual expenses incurred, travel allowance to visit the injured person during her treatment or recovery as well as a fair amount to compensate family for lost work and income and/or their unpaid services, care or nursing; and
  2. loss of that relationship. Families are family for a reason. We count on one another’s support, comfort and help for life. When a person suffers an injury, she is not the only one affected. Everyone in her family suffers that loss. Everyone is bound and loses a huge part of that special supportive family relationship. That support can be emotional, physical and financial. Our legal system struggles but ultimately will put a dollar figure on that damaged relationship. Why a dollar figure? Why money? Because in the end, that is really the only thing our system can do. Our Courts cannot rebuild a person and cannot rebuild that family. Compensation for that loss is what we have to work with;

  • How is a FLA claim actually made? These claims are made as part of the injured person’s lawsuit or Statement of Claim. FLA claimants are plaintiffs named in the style of cause at the beginning of the claim;

  • How much is a FLA claim worth? There is no set figure. There is no going or published rate. This depends on the nature of the injury and each individual family member’s relationship with that injured person. Lawyers and our Courts look to the facts of each case and also to previous Court judgments called precedents. However, it is rare for FLA claims to be a windfall or big money. FLA claims are intended to provide some partial compensation as a result of the serious injury of a close family member; and

  • What is the downside? There are at least 3 significant concerns that accompany these FLA claims:

  1. Family is now a part of the lawsuit and must attend Examinations for Discovery as well as any Court dates. This may mean taking time off work, losing income and/or paying for additional childcare or babysitting services;
  2. In Ontario car crash claims, there is a very large deductible applied against part of an injured person’s claim as well as a large deductible applied against part of each FLA claim. Our Ontario Government created these deductibles. The most recent Ontario Governments, at the request of insurance companies, have increased deductibles as well as indexed them for inflation. Depending on the severity of the injury and the impact of the loss on a particular family member, that Ontario deductible can undercut an FLA claim and that claim ultimately may not be all that substantial; and
  3. Because family becomes part of the lawsuit, if the claim goes to Trial and you lose, then all plaintiffs including Family claimants may be responsible for costs. In most cases, even though the negligent driver or property owner who caused the injury must be named in the lawsuit, the defendant in a personal injury claim is really a large national or international insurance company. That insurance company calls the shots, picks the defence lawyer, pays the defence lawyer and it’s the insurance company that pays any settlement or Trial award. Costs are the large defendant insurance company’s legal and other expenses. Going to Trial is expensive. While our Courts are generally reluctant to impose costs on FLA plaintiffs when they lose at Trial, often since many Trial Judges were themselves litigators and know family claimants are already struggling financially because of the family's loss, the awarding of costs remains in the discretion of the Trial Judge.

The old saying has never been more true, “When One Suffers, We All Suffer.”

Families know this. When your family is injured as a result of someone else’s negligence, then consider if bringing FLA claims is right for your family. Discuss this with your lawyer. FLA claims should never be an automatic add-on that you don't understand. Call an experienced injury lawyer to find out where your family stands.

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<![CDATA[Share the Road]]>http://www.injurylawyerontario.net/blog/share-the-road-6408.htmlhttp://www.injurylawyerontario.net/blog/share-the-road-6408.htmlTue, 02 May 2017 5:34:32 -0700The City of Belleville recently won a Bicycle Friendly Community Bronze Award when it supported local cycling clubs and recognized that bike lanes encourage safe cycling on our roads. Plans are underway to build more cycling infrastructure in Belleville.

Local and national cycling organizations remind us that a bicycle is a vehicle that belongs on the road.

Cyclists have the same rights and responsibilities as drivers of motor vehicles. Traffic laws protect everyone on our roads. (Canada Safety Council).

Community organizations work with local partners to encourage improvements and create safe and supportive infrastructure for cyclists of all ages.

Hopefully, bike lanes will also serve as a visual cue to drivers to consciously think about cyclists around them and to remember to share the roads.

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<![CDATA[Share the Road]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/share-the-road-8349.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/share-the-road-8349.htmlThu, 20 Apr 2017 8:55:37 -0700The City of Belleville recently won an award for supporting local cyclists and their drive to make our local roads safe for all residents.

Read our Martin Law Blog for the full story.

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<![CDATA[Happy Easter]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-easter-5846.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-easter-5846.htmlThu, 13 Apr 2017 3:57:43 -0700<![CDATA[Self-Driving Cars]]>http://www.injurylawyerontario.net/blog/self-driving-cars-3732.htmlhttp://www.injurylawyerontario.net/blog/self-driving-cars-3732.htmlWed, 12 Apr 2017 8:28:01 -0700Back To Our Future Is The Road To A Brave New Automotive Age

It has been decades since humans have owned their own space in the driver seat. Cars have been quietly purring along and supplementing our skills or lack thereof for many years. Automatic transmission has been around for forever. Cruise control has long been a reliable perk. Many drivers now enjoy lane-departure migration, parking assist, back up cameras, back-up detectors and a stop/start system to improve fuel economy. A computer lies under that hood. Calling it an engine just doesn’t seem right. All of these advancements have been made within our present tort injury system. While class actions sometimes arise over defects, our Ontario legal system, insurance industry, and we the public, have never doubted that the buck stops with the human.

Auto insurance is mandatory in Ontario. Everyone must have it or face substantial penalties for failure to insure. But part of our responsibility, as owners of a motor vehicle, is to not permit that vehicle to be driven or operated upon a highway in a dangerous or unsafe condition. We must keep our vehicle maintained, serviced and in safe working order. We recognize that both the human driver and, critically, the human registered owner of that automobile, bear responsibility for its safe operation on our roads. Specifically, the owner is liable in civil proceedings (lawsuits) for the injuries and loss sustained by an injured victim. We own that vehicle and we own the responsibilities and consequences that run along with the freedoms of the open road. Human error and negligence isn’t just about poor driving skills. It is also about the failure to maintain that vehicle in safety. Our Ontario Highway Traffic Act makes it clear that both the driver and the vehicle owner are responsible in injury claims. Tagging that human registered owner with continued full responsibility for the safe maintenance and full insurance of that vehicle may well pave the way to the most secure and seamless transition to our automotive future.

It will take time to usher in this new automotive age in Ontario. Our winter weather in Canada will be a difficult transition for autonomous vehicles developed in the south. A love of control and unwillingness to give up our human connection to the road may also delay adoption. Price points will be prohibitive for many. It will take years before the majority of vehicles on our roads can call themselves self-driving. There are several realistic barriers to the immediate age of autonomous vehicles in Ontario.

As much as both the public and the auto industry would like to believe that self-driving cars will eradicate collisions and injuries on the road, this simply isn’t realistic. For the foreseeable future, drivers will remain responsible for critical decisions behind the wheel. Self-driving cars will not be a licence to sit back and zone out in the driver’s seat. And should we ever cross the threshold to actual fully autonomous vehicles, there is still no promise of injury free roads. Tech dominant vehicles can’t make that promise. Automation is not perfection. Errors occur. Accidents happen. Some human owners will fail to follow routine, required maintenance schedules and service downloads. Sadly, it’s just human nature. We know what happens to today’s personal computers and smart devices when we fail to update our programs, ignore the need for up to date anti-virus systems and fail to keep our firewalls upgraded. They crash. Technology is vulnerable to benign human failure, neglect and negligence. More rarely, it is also vulnerable to human malice and acts of intentional harm. There is no accident free, injury free, utopia on the horizon. 

We have long shared the road with these semi-autonomous vehicles. One is probably sleeping in your garage right now. But true fully autonomous vehicles are not on our roads. Innovations in automation will trickle down over the next few years. It is a brave new world. The question remains: Will we have the foresight to keep calm and stick to what’s tried and true within our own tort system? Are we brave enough to hold the course and hold to what we know works to meet this new challenge? A host of future injured car crash victims will hope so. Let responsibility fall squarely on human owners. It’s where it belongs. The future is already here. Auto technology is now part of our lives. Let’s keep the faith in, and responsibility upon, us humans.

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<![CDATA[Holiday Road]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/holiday-road-9111.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/holiday-road-9111.htmlWed, 12 Apr 2017 8:14:10 -0700It's been a long, cruel winter and a late spring for Ontario. In a few days, families will be hitting the roads to visit extended family for Easter dinner and reunions. For many, it will be their first real road trip of the year. Bear this in mind when you join the exodus to Grandma's House this busy weekend.

Drive defensively. Plan ahead. Get yourself a little self help before you venture forth.

What can we do to even the odds on the roads this weekend?

Read our Blog for more information.

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<![CDATA[On The Roads This Easter Long Weekend]]>http://www.injurylawyerontario.net/blog/on-the-roads-this-easter-long-weekend-4119.htmlhttp://www.injurylawyerontario.net/blog/on-the-roads-this-easter-long-weekend-4119.htmlWed, 12 Apr 2017 8:00:20 -0700It's been a long, cruel winter and a late spring in this neck of the woods. In a few days, families will be hitting the roads to visit extended family for Easter dinner and reunions. For many, it will be their first real road trip of the year. Bear this in mind when you join the exodus to Grandma's House this busy weekend.

Drive defensively. Plan Ahead. Get yourself a little self help before the rubber hits the road.

Why the worry? The OPP warn us that serious road collisions are on the rise. The data is in from one of our last busy road seasons. Last Labour Day Long Weekend 2016 was the deadliest on Ontario highways in 20 years (GlobalNews). Just as alarming, the OPP reported that distracted driving-related deaths would double the number of impaired-driving related deaths by the end of the season. 2 to 1 over drunk driving is a frightening truth and a chilling legacy left by smart phones.

What Can We Do to Protect Ourselves on the Roads?

  1. Drop the Phone and Just Drive. That call or text can wait until you reach your destination.
  2. Catch the Forecast Before You Roll. Get up to date weather information and road forecasts before you get in the car. Know what you are driving into and, if possible, plan your drive to miss the worst of the bad weather.
  3. Check Your Car. Top up your washer fluid. Check the oil. Check the tires. Check your lights.
  4. Be Alert. The mild Spring weather encourages everyone and everything to get out and move. Watch for children and pedestrians on the road. Be aware that seniors and dog walkers may need more time to cross busy roads and intersections. Consciously share the road with cyclists. Know that wildlife will be crossing roads. Deer are abundant in this area. And if you see one deer starting across the road, know that there are two, three or four more right behind. Pay attention to deer crossing signs and be prepared to stop.
  5. Pack Your Patience. Everyone has the same idea and our roads get jammed on Long Weekends. Getting angry with strangers on the road, or getting short with family in the car,  just distracts everyone from safe driving.

Drive safe and arrive alive to family and friends this Easter Long Weekend.

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<![CDATA[Self-Driving Cars In The News]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/self-driving-cars-in-the-news-2151.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/self-driving-cars-in-the-news-2151.htmlTue, 04 Apr 2017 8:57:16 -0700Driving is challenging enough without, well, more stuff to worry about. Just when you get comfortable with a lifetime skill something new and improved shows up to mess you up. Is the future really here? Is everything about to change around us? What happens if I get run over on this new road to the future?

Check out our latest Blog (click here) article for the full scoop.

The next gen of autonomous vehicles is here.

Let's keep the faith in, and responsibility upon, us humans.

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<![CDATA[Happy St. Patrick's Day From Martin Law!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-st-patrick-s-day-from-martin-law-6020.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-st-patrick-s-day-from-martin-law-6020.htmlFri, 17 Mar 2017 4:15:04 -0700<![CDATA[Are You A Caregiver? Know Someone Who Is Struggling?]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/are-you-a-caregiver-know-someone-who-is-struggling-1837.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/are-you-a-caregiver-know-someone-who-is-struggling-1837.htmlWed, 01 Mar 2017 10:00:00 -0700It’s estimated that as many as 4 million Canadians have become informal and unpaid caregivers for family (Brain Injury Canada). That’s a huge number of unsung heroes battling every day to help a loved one while struggling to get by with their own lives, work and burdens.

Are You A Caregiver? Know Someone Who Is Struggling?

Check our our updated Blog article.

Just Click on the "Blog" Tab in the Menu on the very top of the page.

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<![CDATA[Are You A Caregiver?]]>http://www.injurylawyerontario.net/blog/are-you-a-caregiver-2831.htmlhttp://www.injurylawyerontario.net/blog/are-you-a-caregiver-2831.htmlWed, 01 Mar 2017 9:21:22 -0700

Injury lawyers see parents, grandparents, children, spouses and siblings stretched to the max just trying to deal with their loved one’s car crash or slip and fall injuries. Family Law Act claimants (close family members with a companion claim) struggle to help during the lawsuit and ultimately must continue to struggle for years after the case has ended.

Caregivers become de facto support workers, cheerleaders, counselors, advocates, lobbyists and researchers for the injured. Stress, exhaustion, depression and financial strain pile on caregivers and many reach a breaking point. Sometimes they forget or feel they just don’t have the time or the right to take care of themselves. But caregivers must carve out time to look after their own needs and have every right to acknowledge and fight for their own health and well being. You are not being selfish. And you are not being weak.

Before that breaking point is reached, there are resources that may be able to help the helpers:

  • Your Family Doctor: is likely already deeply concerned about your own physical health and your own inattention to YOU. Family doctors have access to a range of local, community based services and initiatives that may be tailored to your own personal situation. Your family doctor can be a true facilitator to help you find services for you. Don’t overlook your own doctor. Don’t neglect yourself. Don’t forget to reach out and ask her and her staff for help. Make an appointment today for a physical check-up and a talk with your family doctor;

  • Exercise: is often overlooked and dismissed as simplistic or too time consuming or just too much to bother with. But exercise, good health and a positive lifestyle start with baby steps. A 20 minute walk around the block. A fast, daily 10 minute walk around the interior of your own basement or rec room when the sidewalks are too icy to deal with. Dust off that old exercise DVD that you meant to check out months ago but forgot all about. Download a free exercise app that lets you put your ears and mind in another space. Even modest exercise is a proven stress release. It’s your time and your chance to do something great for yourself;

  • Your Family, Friends & Neighbours: will know that you are a caregiver but may not really know just how much stress you are under. Usually there is someone who can lend a sympathetic ear and help support you when you need and crave that half hour of me time. Many of us have an organic support network already in place that we never really think about. Now is the time to reach out; and

  • Professional National & International Organizations: such as Brain Injury Canada, the US caregiver.org and Family Caregiver Alliance, can be a helpful launch pad for you to reach out and find information and resources. At the very least, their websites and articles let you know that you are not alone and that millions of other hardworking, caring people are struggling with the very same issues.

You are not alone and you are not the only one facing this battle.

Acknowledging that you are human and have limits may ultimately help not just you but your entire family and your injured loved one. Be your own champion and empower yourself.

Give yourself permission to ask for help. Your family will thank you for it.

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<![CDATA[Celebrating 20 Years Practice]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/celebrating-20-years-practice-8005.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/celebrating-20-years-practice-8005.htmlMon, 13 Feb 2017 11:33:10 -070020 Years Called to the Bars of Ontario & Alberta in 2017!

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<![CDATA[Happy Valentine's Day!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-valentine-s-day-1407.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/happy-valentine-s-day-1407.htmlMon, 13 Feb 2017 11:23:31 -0700<![CDATA[Slip & Fall Top 7 Checklist]]>http://www.injurylawyerontario.net/blog/the-top-7-slip-fall-checklist-6794.htmlhttp://www.injurylawyerontario.net/blog/the-top-7-slip-fall-checklist-6794.htmlMon, 06 Feb 2017 1:16:42 -0700

Slip & Fall: Now What?

Winter weather can spell disaster for pedestrians. One moment you are mobile, independent and getting life done. The next, you are on the ground: in pain, confused about what to do and worried about how you are going to make ends meet. If you have just had a fall because of a business or property owner’s negligence, there are steps you can take now that will be incredibly helpful for you down the road if you decide to hire an experienced injury lawyer:

  1. Get Yourself Immediate Medical Attention: if your injuries are visibly serious, an ambulance may be called right away. But sometimes people try to be brave, deny they are hurt and just try to get on with it and with their busy day. The pain grows with every hour and usually a close friend or family member ends up driving them to emerg. Getting medical attention is essential for your well being. It also documents your injury and starts a written record of your injury and treatment. It’s your first priority. And after you get emergency treatment, follow up with an appointment to your family doctor. Your family doctor will be your key day to day treatment provider and your primary medical record keeper.

  1. Get Names: there are always witnesses to a fall. Somebody always see something. It’s rare there is absolutely no one. Get their names and contact information. Details fade with time. And witnesses can become more distant and reluctant to get involved as time passes.

  1. Take Pics: ideally, you already thought to ask a witness or helpful Samaritan to snap a pic on your own cell phone of what caused you to fall before you left the scene. If you didn’t, now is the time to ask a family friend or family to go back (if they can do so in safety and it’s an area accessible to the public) to take photos. Remember: if the property owner asks them to leave, they must leave. While the best scenario is to have a picture of what caused your fall, a picture showing the offending rug, step, etc repaired and in good shape a day later also evidences that the owner/occupier of the property was worried and tried to go for the quick fix after the fact. Sometimes property owners go back to their old habits after a few weeks because they think it’s just too much bother and that rug, step or whatever is right back in the same bad state it was when you fell. Photos of that are also very helpful. Just how important are photos? A few months ago I had a Judge at a Pre-Trial ask for my pictures first thing. He wanted to see the lay of the land to better understand how the injury happened. Photos are huge.

  1. Take Selfies: your bruises, cuts and scrapes will fade with time. If you can see them now, you can feel the pain now. Record your injuries before they are no longer visible to the eye. Ask a trusted family member to help you with the photos. People can be embarrassed if their bruising is in private areas. Do your very best. Don’t forget to take a picture of the sensible shoes you were wearing when you fell. They may be your daily pair and if you need them to wear, take a photo now.

  1. Bag the Evidence: carefully bag your ripped and torn pants, top, coat, gloves, hat, glasses, damaged hearing aid and any other clothing or personal items damaged in the fall. Don’t wash those clothes. Don’t iron them. Just leave them as is. Place them in a safe, easy to find spot in your home. Write a note to yourself to help you remember where you stored them.

  1. Write it Down: set aside a quiet hour to write out in detail exactly what happened that day and how the fall occurred. Try your best to go through the happening of the injury step by step including the events leading up to the fall and what happened after you fell. Write out in as much detail as you can what people said to you after you fell. The details are fresh in your mind now. Take the time to do it right now before you forget those details. Your written account of what happened to you is your private property. You don’t have to give this to an insurance adjuster or investigator if you don’t want to. You can choose to share it with your lawyer instead and she can help you to decide when to share and with whom.

  1. Keep Records: keep all your receipts for all out of pocket expenses you incurred as a result of your fall. You would be amazed how quickly expenses add up. If in doubt, keep the receipt. A simple practice is to get an inexpensive notebook and tape or staple your receipts in each day. Don’t forget to use that notebook as a diary. Write down what your day was like living with your injury. Record your medical appointments including the name of the doctor you saw, what he told you and the name of any prescription. Record the impact of your fall injuries on your day to day life and your family’s life. If you couldn’t take your kids to hockey because of the pain, write it down. This is your diary of your pain and your loss. It is your personal property and you have the freedom to choose to share it with your lawyer.

What to do if you fell on a Municipal (City, Town or Village) sidewalk or Government property? All of the above. With one very important difference: a Notice Letter may also need to be sent ASAP (within 10 days of the fall) to the Municipality or you risk the possibility that a future lawsuit could be barred for failure to notify that Municipality. If you think there is any chance that you were injured on Municipal property, you need to call an experienced injury lawyer immediately to obtain specific and timely advice critical for your situation. Even if you’ve missed that 10 day notice window, call a lawyer now. Never give up or assume you may be out of time. Nothing is ever that cut and dried.  

Please remember to call an experienced injury lawyer to discuss your injuries. Find out where you stand.    

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<![CDATA[We Make House Calls!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/we-make-house-calls-559.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/we-make-house-calls-559.htmlThu, 05 Jan 2017 11:25:39 -0700Should Your Injuries prevent you from attending our Office, we may be able to travel to You!
Call For Your Free Consultation to find out. enlightened

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<![CDATA[Community Matters]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/7299.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/7299.htmlThu, 05 Jan 2017 11:25:20 -0700Martin Law is located right in Your Community.

With our office located right in Belleville, we are just minutes away from the Superior Court and County Seat for Hastings County.

From our central location, we are a quick drive to where you are . . . anywhere within Central & Eastern Ontario.

It makes a big difference when your lawyer knows your community, your work and the rules of the road.

Martin Law is Part of Your Community.

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<![CDATA[Follow Us On Facebook & Twitter!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/follow-us-on-facebook-twitter-8963.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/follow-us-on-facebook-twitter-8963.htmlThu, 05 Jan 2017 11:03:01 -0700

Catch the latest Developments & News in our Communities.

Check us out . . . just Click on the Links on the top of every page!

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<![CDATA[Check Out Our Blog]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/check-out-our-blog-5132.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/check-out-our-blog-5132.htmlThu, 05 Jan 2017 11:01:51 -0700

Our Blog is updated regularly to give you the Information you need when you need it.

It covers a range of issues and questions that are pertinent to Injury Law in our Communities.

Check It Out:

Just Click on the "Blog" Tab in the Menu on the very top of the page.

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<![CDATA[Afraid To Drive?]]>http://www.injurylawyerontario.net/blog/afraid-to-drive-6666.htmlhttp://www.injurylawyerontario.net/blog/afraid-to-drive-6666.htmlThu, 05 Jan 2017 10:46:16 -0700

We Know that Driving Anxiety is Real

It is particularly difficult for rural Ontarians, with little or no access to public transit, to get back on the road for work, medical appointments, running the kids to hockey practice, errands and for even basic social contact.

Some victims experience panic attacks. Others have a sense of doom and fear another inevitable car crash. Still others have flashbacks to the day of their trauma.

Driving Anxiety may be accompanied by the troika of Depression, Post Traumatic Stress Disorder (PTSD) and Chronic Pain. This constellation of impairments tends to cluster around a victim of a car crash.

Know that you are not alone.

What's the answer? The reality is that there are no easy answers. And there are no quick fixes.

Many victims of car accidents just try to forge ahead. Others seek advice and find a supportive framework to help them with their fears.

One or, more likely, a combination of the following may help:

  • Driving Courses: sometimes getting back to basics with a driving instructor helps victims to get a handle on the wheel. It may also re-build confidence;
     
  • Psychotherapy and Counselling: ask your family doctor for a referral to a specialist and ask about community resources unique to your area. Funding for therapy may be available through your Ontario Accident Benefits via your own car insurance policy;
     
  • Peer Support Groups: community support groups can be as simple as an informal coffee group but provide immense support, advice and empathy. If they've been through it, they can understand and perhaps offer common sense coping strategies to help you find your way on the road back to driving;
     
  • Online Support Groups & Websites: reputable web groups via contacts on Facebook & Twitter can be a lifeline to victims isolated by fear and location. Network with your friends, family and co-workers and find recommendations for a good group; and
     
  • Medications: your family doctor is the best resource. Ask her and find out what is right or wrong for you.

Remember that you are not alone. You don't have to re-invent the wheel. Ask for help.

Find out where you stand.

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<![CDATA[Injured When Shopping?]]>http://www.injurylawyerontario.net/blog/injured-when-shopping-8770.htmlhttp://www.injurylawyerontario.net/blog/injured-when-shopping-8770.htmlThu, 05 Jan 2017 10:44:50 -0700

If you are injured, the business and the property owner may be liable for your injury and that injury's impact on your life.

Likely suspects include ice or snow, water on the floor, an errant floor mat or merchandise on the floor posing a tripping hazard. It may also be important that the store knew about the hazard beforehand and whether the store had an inspection system in place so should have know about the hazard. Sometimes a store may have a maintenance company helping them keep the property clean or the parking lot free of snow. That maintenance company may also be responsible for your injury.

If you are hurt in a store, get the legal information you need. Your family may also have claims as a result of your injuries under the Family Law Act. There are limitation periods or time limits to watch out for if you need to start a lawsuit. Don't risk losing your right to obtain compensation for your injuries.

Injuries can happen for any variety of reasons. Every slip and fall and injury is unique. Once you get medical help for your injury, call us to get legal help for your future.

Call for your consultation. Know where you stand.

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<![CDATA[No Free Pass for a Crash in Bad Weather]]>http://www.injurylawyerontario.net/blog/no-free-pass-for-a-crash-in-bad-weather-2467.htmlhttp://www.injurylawyerontario.net/blog/no-free-pass-for-a-crash-in-bad-weather-2467.htmlThu, 05 Jan 2017 10:42:49 -0700

If you are injured this winter in a car crash because of another driver’s negligence, don’t just chalk it up to Mother Nature. Poor driving conditions mean all must drive with care. It’s that simple. No one gets a free pass for bad driving in bad weather. The snowflakes aren’t hiding anything. And you are not out of luck because the at fault driver decided to just blame it on the weather.

The MTO reminds us that everyone behind the wheel must adjust to winter conditions. They highlight the three key elements of winter driving: 1) stay alert 2) slow down & 3) stay in control. This should be common sense to Canadians. But you would be surprised how many drivers forget the basics when it comes to winter driving.

All drivers must drive according to highway and weather conditions. A safe following distance must be maintained between you and the vehicle in front of you to avoid situations where you may have to hit the brakes suddenly. Too many drivers rush and drive too fast for poor winter driving conditions. Sometimes telling themselves, “I have to drive faster to get home before the storm gets worse.” That kind of logic puts every other driver on the road in peril.

While driving too fast for poor road conditions may not be spelled out as a traffic infraction (unless over the speed limit), if combined with other unsafe driving like failure to stop at a stop sign, turn not in safety or running a red light, and a serious collision results, police may well lay charges. A careless driving charge is also a possible. Make no mistake: an Ontario Highway Traffic Act charge against the negligent driver certainly helps an injured Plaintiff’s case.

But even if there isn’t a charge when a collision and injuries result, our insurance companies and ultimately our Courts must determine fault. In the eyes of an insurance company, it is always the driver’s responsibility to keep the vehicle under control no matter the road conditions. In some cases, fault may be divided up on a percent basis between both drivers in a collision. But this doesn’t clear a driver of fault. It may only recognize that fault is shared to some degree. The buck stops with the at fault driver.

If you are injured in a car crash this winter, don’t just accept the negligent driver’s excuse that “He couldn’t do anything about it.” Or, “It just happened.” Crashes don’t just happen. Innocent drivers shouldn’t carry the burden of other drivers’ bad behaviour in the winter time or any time.

Call an experienced personal injury lawyer to find out where you stand.

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<![CDATA[Hit By a Texter?]]>http://www.injurylawyerontario.net/blog/hit-by-a-texter-2872.htmlhttp://www.injurylawyerontario.net/blog/hit-by-a-texter-2872.htmlThu, 05 Jan 2017 10:42:04 -0700Despite a swell in media messaging, the number of drivers texting behind the wheel has become an alarming problem.

Cell phones remain one of the most common distractions for drivers.

Statistics show that drivers texting on their phone are 23 times more likely to be involved in a crash or near crash event compared with non-distracted drivers (CAA).

In fact, the most recent studies tell us that some parents are texting their teen when they know their child is behind the wheel and fully expect that child to text right back despite the danger. (SADD) Parents wanting an update now, just like Employers wanting their workers to crank it up a notch, multi-task and return client or dispatch texts behind the wheel, are adding a whole new level of urgency to the discussion. And the circle of liability, or who is responsible for that car crash, may be widening.

It seems like many drivers and those in their circle just don't get it. And it looks like many just don’t take it seriously. Teenage drivers, some Moms & Dads, Employees & their Employers included. But if you are injured because another driver chose to text while driving, then you need to know where you stand.

It is against the law to text, talk, email or change your playlist on your phone or device while behind the wheel. Ontario has distracted driving laws in place and hand-held cell phone legislation is a part of that law. And for teenagers subject to graduated licencing, the penalties are even greater.

But for those injured in a car crash because another driver texted behind the wheel, distracted driving becomes careless driving very quickly.  If you were injured because another driver was texting or talking on his phone, or even if he was using his hands-free (eg Bluetooth) device and caused the crash, you should talk to an experienced injury lawyer and ask if she offers a free consultation.

When distracted driving causes a serious car crash, victims have the right to pursue compensation for their pain and damages suffered at the hands of a texter.

Don’t accept that texting & driving is “just a thing” and nothing can be done about it.

Find out where you stand.

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<![CDATA[What Happens on Facebook, Doesn't Stay on Facebook]]>http://www.injurylawyerontario.net/blog/what-happens-on-facebook-doesn-t-stay-on-facebook-2212.htmlhttp://www.injurylawyerontario.net/blog/what-happens-on-facebook-doesn-t-stay-on-facebook-2212.htmlWed, 04 Jan 2017 11:04:25 -0700

If you are injured and notify an insurance company that you intend to start a claim, know that your Facebook, Twitter and other social media posts will be put under a microscope by private investigators working for the insurer.

It is very common for insurance companies to hire private investigators and part of their job is to look at your posts & tweets. Why? Insurers want to see if the information you put online contradicts the information you give in your claim. If it does, or even appears that way, you’ve handed the insurance company more ammunition.

Blatantly false claims don’t get far with the Courts or the personal injury bar. However, an injured person’s online posts don’t always reflect that person’s true condition. Some injured people are candid and up front about their pain, loss and limitations when they post. But we are also beginning to understand that other people try to keep up appearances and go out of their way to look a lot more happy, positive and together on social media than they really are. The problem is that an injured person could quickly find themselves being penalized for looking fine online.

Can I use my privacy settings to keep everything private?

You can certainly increase your privacy settings but it isn’t a complete safeguard. Insurance companies and defence lawyers are also increasingly requesting court orders to get access to an injured person’s social media posts. Our Courts are conscientious and do recognize that an injured person’s privacy interests are important. Each case is different and it can be a real challenge for the Court to strike a balance between privacy and producing relevant documents and evidence.

So what to do?

Think about the message you are sending before you post.

And don’t allow Facebook friend requests if you don’t know that person.

The bottom line?

The bottom line is that injured people should avoid making personal posts on Facebook and Twitter until their claim is resolved.

Insurance companies know it is difficult for injured people to go cold turkey and give up Facebook and Twitter. And for many injured people, especially in rural Ontario, Facebook and Twitter may be their only social outlet and contact with others. Insurance companies know this.

Know where you stand.

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<![CDATA[Merry Christmas & Happy New Year!]]>http://www.injurylawyerontario.net/why-martin-law/faqs-news/merry-christmas-happy-new-year-3572.htmlhttp://www.injurylawyerontario.net/why-martin-law/faqs-news/merry-christmas-happy-new-year-3572.htmlSat, 17 Dec 2016 1:18:53 -0700<![CDATA[Privacy Policy]]>http://www.injurylawyerontario.net/privacy-policy/http://www.injurylawyerontario.net/privacy-policy/Mon, 17 Oct 2016 6:20:39 -0700Martin Law recognizes the importance of privacy and the sensitivity of personal information. We are committed to protecting any personal information we hold. This Privacy Policy outlines how we manage your personal information obtained from you on this website.

What We Collect

If you give us personal information by completing the online form on this website, we will keep it confidential in accordance with our Privacy Policy. When you give us personal information via this website, you agree to the storage and use of your information.

Use & Disclosure of Personal Information

When you give us personal information, we use it to provide you with information about our services. We do not give your personal information to third parties for any marketing purpose.

Our Privacy Policy is effective September 6, 2016 and should you continue to use this website, you agree to the terms of that Policy and any subsequent revisions or changes to it.

Protecting Personal Information

Martin Law takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:

  • Restricted file access to personal information;
  • Technological safeguards including security software and firewalls to prevent hacking or unauthorized computer access;
  • Internal password and security policies; and
  • Office security including locked office entry and locked paper filing systems.

*Please note that this website may have links to websites controlled by other parties. Those other websites are subject to their own privacy policies and we are not responsible for their privacy standards.

Updating Information

Since we use your personal information to provide information to you, it is important that your personal information be accurate and up-to-date.

Please contact us should you need to change your information or should you have any questions.

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