Burlington Slip and Fall Lawyer – Experienced Local Premises Injury Lawyer in Burlington, Ontario

When you slip and fall, your foot loses traction and your center of gravity shifts, causing you to lose balance and fall. You will usually fall backward. You will also usually try to break your fall by reaching in the direction of your fall with your hands. This can create multiple points of injury, including your arms, head, hips, and back.

Falls in Burlington cause a surprising number of visits to Joseph Brant Hospital, local urgent care centers, and city walk-in clinics. In cases where you have suffered a serious injury, I invite you to contact my law firm, Derek Wilson Injury and Disability Law, for a free consultation.

Why Choose Derek Wilson as Your Slip and Fall Accident Lawyer?

When you work with Derek Wilson Injury and Disability Law, you get me, Derek Wilson, not a call centre or a junior lawyer. I’m the one who will negotiate with insurers on your behalf, will answer your questions, will investigate your accident, will file your claim, and will seek compensation for you.

My practice is 100% focused on injury and disability law. I don’t split attention with real estate, corporate, or family law, which allows me to spend all my time and resources on cases like yours. I handle slip and fall, premises liability, and insurance negotiation or litigation.

I have over 30 years of experience in personal injury law, including years defending insurance companies, which has given me insight that few others have. I know how insurers think, I anticipate their tactics, and I know what they require before offering you a settlement.

I also believe in transparency and compassion. From our very first contact, you’ll know where things stand. I explain things simply, without jargon, and treat you with respect.

I work on a contingency fee basis, which means you only pay if I win. That means I take on the costs of building your case so you can focus on recovery, not finances.

Understanding If You Have a Case Under Ontario Law

Slip and fall cases hinge largely on premises liability and the standards set by the Occupiers’ Liability Act (Ontario). You’ll need to know who owed you a duty of care, and whether that duty was breached.

The occupier, property owner, landlord, or municipality where the slip and fall took place may be held responsible, depending on control over the property or part of it where you fell. For example, if you slipped in a store entrance, the store (also known as the occupier) likely has responsibility.

The Occupiers’ Liability Act requires occupiers to take care that all lawful visitors are reasonably safe. That means attending to snow, ice, wet surfaces, broken stairs, uneven walkways, warning of hazards, and so forth.

To succeed, you need to show the occupier didn’t live up to that duty by failing to repair, failing to warn, or not taking steps that a reasonable occupier would.

Understanding the Statute Of Limitations

Under the Ontario Limitations Act, you generally have 2 years from the date of the slip and fall accident to start a claim. If your fall was caused by snow or ice on a private property, such as a store, Bill 118 requires you to serve the contractor or occupier with a notice within 60 days. If your claim is against a municipality, the Municipal Act requires written notice to the municipality within 10 days.

Injuries And Consequences of Slip and Fall Accidents

Slip and fall accidents often result in more damage than people expect. We tend to think of “dangerous falls” as falls from heights, but a slip and fall can mean serious medical injuries, such as broken bones or fractures, soft-tissue damage, tendon tears, brain injury, spinal injuries, internal trauma, and other injuries, all of which may require expensive medical treatment and ongoing care.

Injuries can lead to ongoing pain, sometimes in joints, the back, and the neck. This can affect quality of life, limit your activities, and require ongoing treatment or attendant care. The impact of a serious fall can also be mental. You may suffer from anxiety, sleep loss, and other symptoms that can be just as debilitating as your physical injuries.

If your mobility is impacted, you may need ramps, handrails, bath modifications, widening of doorways, and other adjustments so your home is safe and accessible.

Being off work for weeks, months, or permanently will impact the income you need to pay for your essential bills. If your profession requires physical ability, the impact may be severe. Even if you can do some work from home while you heal, you could be taking a significant pay cut that leaves you struggling to meet your financial obligations.

Types Of Slip and Fall Cases We Handle

I take on a range of slip and fall cases, including:

• Slip and falls on icy or snowy sidewalks or driveways, especially in winter.
• Wet floors or spills in commercial establishments, such as grocery stores, shopping centres, or restaurants.
• Falls resulting from poor lighting, uneven flooring, raised thresholds, broken tiles, and other property maintenance issues in apartment buildings, malls, and offices.
• Public property hazards, such as unsafe sidewalks, pathways, parks, or municipal parking lots, that lead to falls.
• Falls related to a lack of warning or signage.
• Workplace slip and falls.

If you’re unsure, we’ll explore your situation during our free consultation. I can explain whether you have a claim. If you have already been denied short-term or long-term disability coverage or if you are in danger of having your disability benefits cut off, I can help with that as well.

Proving Negligence

Negligence is the legal principle that underlies most successful slip and fall claims. To win, you must prove four essential elements. I work with you to build proof on each:

• Duty of Care. First, you must show that the occupier, property owner, landlord, or municipality where your fall occurred owed you a duty of care. Under the Occupiers’ Liability Act (Ontario), lawful visitors are owed safety. If you enter property for lawful reasons, the occupier must ensure the premises are reasonably safe.
• Breach of Duty. The duty must have been breached. For example, a property owner may have failed to clear ice from a walkway.
• Causation. You must show that the breach caused your fall and that your injuries flowed from that fall.
• Damage. You must be able to show that you suffered losses as a result of the falls.

Even if your injuries seem to be obviously caused by negligence and a breach of duty, defendants and their insurers will challenge claims. I use solid documentation to show exactly how you were injured.

Compensation You Can Recover

If you’ve had a slip and fall accident in Burlington or a nearby community, here’s what you may be able to recover:

• Medical treatment costs not covered by OHIP.
• Rehabilitation, attendant care, and home modifications.
• Lost wages and diminished earning capacity.
• Pain and suffering.
• Out-of-pocket expenses for things like travel costs to medical appointments, assistive devices, mobility aids, and other expenses.
• Property damage.

The final amount depends on the severity of injury, how much documentation you have, and other details of your case.

It’s important to seek out all possible options for compensation. If, like many Ontarians, you have insurance coverage, you may want to explore that. For example, many employees have long-term and short-term disability coverage, which can offer benefits in case of a serious injury.

Our Process: From Free Consultation to Settlement

When you reach out after a slip and fall accident in Burlington, here’s what you can expect from me:

• Free consultation. We begin with a no-cost meeting. We can meet in person in my office, in a location of your choice, or virtually, if needed. We’ll talk about how and where you slipped, your injuries, and any path you may have for seeking compensation. I’ll answer your questions and we can discuss what working together will look like.
• Case evaluation. I’ll review any medical records, any photos you took, witness statements, and any incident reports if you reported them to the property owner or occupier. I’ll figure out who the possible defendants are and determine a strategy for moving forward.
• Notice and timeline. I help you ensure you meet notice requirements and the statute of limitations (2 years). Missing those can jeopardize your right to compensation.
• Gathering documentation. I’ll help you collect all evidence, including photos of the hazard and scene, medical diagnostics, statements from witnesses, incident reports, proof of your expenses, and more.
• Insurance negotiation. Because of my decades of experience, including time working with/for insurers, I know how insurance companies try to limit payouts. I negotiate strategically to push for a fair settlement.
• Litigation, if needed. If the insurer refuses reasonable offers, we’re ready to go to court. That means drafting pleadings, presenting evidence, and calling on experts. While many cases settle, being ready for litigation strengthens your position in negotiation.

Throughout the process, I give you clear explanations and timely updates. All this happens with no upfront fees. You pay only if we recover compensation for you.

What To Do Immediately After a Slip and Fall Accident

What you do right after the fall can make a big difference in your ability to recover compensation. Here’s what to do:

• Seek medical care immediately. Even if injuries seem minor, some symptoms may appear later. It is best to seek medical care at once, to get the help you need, and to start documenting your injuries.
• Report the incident. If you fell in a business, apartment building, shopping centre, or any public property, ask for an incident report. If you fell outdoors on a walkway, report the fall to the property owner or occupier, or municipality if it’s public property.
• Document everything. Take photos of the hazard from different angles. Note the date, time, weather, and conditions. If someone saw the fall or had noticed the hazard earlier, ask for their name and contact information.

Keep the shoes you were wearing. Save any torn clothing. Retain your receipts for medical treatment and any other expenses.

• Notify the responsible parties. If snow or ice is involved, under Ontario’s Occupiers’ Liability Act (amendment Bill 118), you must give written notice to an occupier or independent contractor within 60 days. If you fell on municipal property, you must notify the municipality in 10 days.
• Look at your insurance policies. Determine what kind of coverage you have and how you need to apply it.
• Talk to a lawyer as soon as you can. Don’t wait until the insurance company is pressuring you. Early legal representation ensures your claim has the best chance.

I understand that you are facing a lot after a serious injury. If you’re ever unsure about what to do next, contact my law firm, Derek Wilson Injury and Disability Law, for a free consultation.

Seeking Maximum Compensation

Getting maximum compensation means making sure every component of your loss is accounted for. To seek maximum compensation, I make sure to consider your future costs as well as present expenses. I also consider the less obvious losses you may have suffered, such as the impact on your quality of life.

I prepare your case for litigation, even if I expect to secure a settlement. This improves your bargaining position. Insurers often offer more when they see a case is well-prepared and they can’t easily push back.

Seeking maximum compensation is essential. It can mean you can afford quality care and more of the support you need as you heal. Fair compensation can help you pay for your mortgage and other bills, even if you can’t work because of your injury.

At Derek Wilson Injury and Disability Law, We Get Results, Period.

We are a firm committed to getting our clients the exclusive treatment they deserve during hard times. If you or someone you love has been injured in a slip and fall accident, contact me now for your free consultation.