Wearable technology can be a perfect eyewitness for personal injury cases which can potentially be used as evidence in the courtroom. Now we can keep track of our health and lifestyle second by second with a Fitbit and these wearable trends are growing and advancing.

It should come as no surprise that wearable technology and fitness trackers are saturating the consumer market, and as a result, consumers are increasingly interested in the exciting features these devices offer. Wearable technology and fitness tracking devices such as Fitbit record activity levels throughout the day, sleeping habits, distance travelled, weight loss, weight gain, heart rate, blood pressure, diet, exercise and mood.

In personal injury cases, lawyers typically rely on medical reports to help prove the detrimental effects that an injury has on their client’s life. The aim is to gather enough evidence to prove that an individual has sustained injuries that have left them unable to work or that has greatly reduced their capacity to perform their normal duties. However, wearable devices could make it easier for lawyers to demonstrate the impact of an injury and establish that their client deserves compensation.

A personal injury case could revolve around evidence from a Fitbit showing a marked decrease in activity following an injury. With real-time data about activity levels, location, and even sleep patterns, quality of life claims in court cases may become infinitely more quantifiable. A claim of emotional damages may now be supportable by hard data showing a pattern of insomnia, high blood pressure, or other physical symptoms of stress and/or other negative emotions.

While it may be early to tell how big a role wearable technology will play in the court room, it is unlikely that it will ever play the sole role of “expert witness” in a legal case, but combined with other medical information, this technology may have a permanent place in a lawyer’s arsenal of statistical tools.

The main argument against the usefulness of wearable device is that it can be easy to undermine the data generated from it. The nature of wearable’s is that they can be easily taken off, record false readings if they are bumped or dropped and can also be worn by someone other than the primary user. They key for a lawyer is to establish data authenticity. Thus, a lawyer planning on bringing forth the data from a wearable device as evidence should assess whether the information gathered from the device is relevant, reliable and beneficial to their client’s claim.

Personal injury lawyers are keenly aware of the complexities of and the law, having many years of study and experience. Contact Mazin & Associates, PC, Personal Injury Lawyers based in Ontario following your accident at (416) 625-2122.

If you are filing a lawsuit, you may be required to disclose whether you have had any prior injuries which resulted in back and neck pain, head injury or other general aches and pains. When the new accident happens, it may reaggravate some of these pains but more often, if the accident is serious enough, there are new injuries acquired because of the new crash.

All medical evidence that is relevant to any of the issues in the personal injury matter must be disclosed. The existence of pre-existing medical conditions or injuries does not necessarily hurt a personal injury case. People should not hide any medical evidence of past injuries since the insurers usually find out about the old injuries anyway. If someone is caught hiding old injuries, that could result in a serious attack on credibility that could undermine the personal injury lawsuit.

Some Common Prior Medical Conditions include:

• Injuries you have suffered from a previous unrelated accidents
• Birth defects or abnormalities
• Medical conditions such as asthma
• Injuries that have not properly healed or are in the process of healing

Effect of Prior Medical Conditions:

If you have injuries similar to the one you suffered in a new car accident, it does not mean that the driver at-fault can escape liability by pointing to a pre-existing condition. However, you may end up having to defend your current injury as being caused or aggravated by the new car accident. This can be done through a thorough review of your medical records, and possibly via testimony provided by a doctor or other expert witness.

Your lawyer should be ready to defend your prior medical history and prove that your current injuries are due to the accident and not a prior medical condition. In order for your lawyer to prepare for such a situation, it is important that you disclose all of your medical history as early as possible.

The matter can be more complicated if not dealt with properly. If you have been injured and wish to file a lawsuit, contact a personal injury lawyer for assistance. For more information and a free consultation on your accident or personal injury matter, contact Mazin & Associates, PC, Personal Injury Lawyers at (416) 625-2122.

Each winter, almost half of Canadian drivers will be driving on all-season tires that freeze in the cold, slide on slush, and can take 30 meters longer to stop on smooth ice, putting them at much greater risk of car accidents. Tire dealer, Kal Tire, encourages drivers to avoid all-season (three-season) tires and consider all-weather tires, ‘the winter tire you can drive all year long.’

“We don’t think drivers realize how dangerous all-seasons are in the winter, or that they have a much safer year-round tire option,” says Carey Hull, director of retail products, Kal Tire. All-weather tires, sometimes confused for all-season tires, are designated winter tires that give drivers safe traction in the winter as well as superior handling in the summer. “What we’re saying is, if you’re going to have only one set of tires on your vehicle through the year, make it an all-weather tire.”

Kal Tire has enlisted the help of Bill Gardiner, contributor to Motoring TV since the start of the show, and often referred to as ‘The Doctor of Cars’ to educate drivers across Canada about the dangers of driving all-season tires in the winter.

For many years Bill has travelled the country educating Canadian motorists on the importance of car safety, and, as a licensed mechanic, every winter his customers count on him to make the right tire selection for their vehicle.  “As Canadians, there are so many things that are beyond our control in the winter,” says Gardiner. “But how we prepare our vehicles for winter is 100 per cent within our control.”

Critical auto injuries due to accidents and collisions, when they occur, can often result in grave injury, permanent disabilities or death for drivers and their passengers, bystanders, motorcyclists, and cyclists. That is why it’s so important to maintain the safety of your vehicle and use tires that are designed and tested for Canadian winters. If you or a family member is involved in a serious automobile accident this winter, contact car accident lawyers for a free consultation.

Source: Think Your All-Season Tires are Safe for Winter? Think Again

When one family member suffers a traumatic brain injury, it can affect the whole family in a number of different ways. In additional to the extreme emotional impact of such a trauma, many families are also impacted financially due to loss of income, costs of travel and accommodations if the injured family member requires medical care away from home, and specialized rehabilitation therapies.

Sadly, many people with brain injuries do not receive adequate compensation for their injury and losses. Either they don’t engage a Personal Injury Lawyer or they have engage one that doesn’t specialize in brain injury and therefore is unable to obtain maximum financial compensation for them.

What can a Personal Injury Lawyer that specializes in brain injury can do for you?

• Determine the lifetime costs associated with your brain injury and seek full compensation from the responsible party.
• Ensure that insurers recognize that your needs a much higher level of support and care than the bare minimum.
• Work closely with top experts including medical professionals, present and future care experts, specialized accountants, and leaders in the field of medical rehabilitation.
• Partner with you and your family members to work towards a successful outcome during this confusing, difficult time.
• Become your strong advocate and advisor, striving for the best monetary result possible for you and your family.

If you or a loved one has experienced a traumatic brain injury, contact brain injury lawyer for a free consultation.

If you commute to work by bike in Toronto year-round, it’s important to take proper precautions during different weather conditions. While visibility is important all the time, it’s especially crucial when biking in the winter because it’s likely that you’ll be out on the road before the sun rises and after the sun sets, making you less visible to vehicles. Add snow and ice to the mix and your chances of an accident increase.

The City of Toronto has a whole section of their website devoted to safe cycling in the city. They caution that not every winter day is a cycling day and state that some days it is better to leave your bicycle at home. Riding in the snow is a challenge even for very highly skilled cyclists.

• Use a steady white light in front–the brighter the better – Highway Traffic Act 62 (HTA 62). Use rechargeable batteries since you will need to use your lights almost everyday.
• Use a constant red light in the back–not a flashing light (HTA 62).
• A red rear reflector and front white reflector are a good back-up in case a light goes out.
• Generator lights stop working when the wheels stop so have a back up light.
• Bright colours and reflective gear are recommended for dark and wet weather conditions-both conditions reduce motorist vision.
• Consider adding reflective tape to your jacket. Reflective bands are also widely available for your pant legs and arms, as are reflective vests.
• Reflective tape is required under the HTA (62): white on the front forks and red on the back seat stays.
• Wear cycling glasses with high contrast lenses to increase night vision and carry an anti-fogging spray with you (prescription cycling glasses are also available).
• Stay on bright streets with good street lighting.

As you can see, the Highway Traffic Act requires you to follow some of the tips listed above. Not doing so could not only result in hefty fines, but also serious injury. If you are injured in a cycling accident, contact our cycling accident lawyer.

Going off the grid and venturing into the wilderness with good friends is a must when the warmer months start to roll through. While there is ample room for fun around every corner – this landscape provides a much different terrain than the city centres most of us are used to.

Everyone wants to explore their adventurous side when it comes to cliff jumping. While this extreme activity is a lot of fun – people can succumb to peer pressure and make the plunge without taking into account the necessary safety precautions.

Here are 6 necessary safety measures that you need to know before making the big jump.

1. Don’t go cliff diving alone. Take your friends along, in case something goes wrong.
2. Make sure you wait for your friends to step out of the water before you decide to make the jump. This will make things easier for you to concentrate and will prevent hurting anyone. If you have a neoprene wetsuit bring it along. If you’re a beginner, bring your sneakers too.
3. Check out how deep the water is. You can do that by engaging in a little research on that particular river or lake or simply ask someone that can help you with this information.
4. As you start to come in contact with the water, remember to breathe out through your nose, not to let any water affect your breathing process.
5. When your body hits the water, it should have a tight and dynamic shape. Keep your toes stretched and arms very close to your body, so you could slide freely and easily.
6. It is recommended that you get a serious training from someone with experience at first and if you are indeed a beginner, start with relatively small cliffs.  It also goes without saying – but you need to be a solid swimmer. You will be hitting the water at a high velocity and you need to be able to reorient yourself to come back to the surface.

While this is the quintessential summer activity with a good group of friends, it can also lead to very serious spinal cord injury if conducted haphazardly. Make sure you take the necessary safety precautions and always remain on the safe side if you are unsure of anything.

Spinal cord injuries can have a dramatic impact on a person’s life. Injuries to the spinal cord can be a complete spinal injury that robs a person from feeling, function or sensation below the level of injury.

If you or a loved one has experienced a spinal cord injury, contact the dedicated personal injury lawyers at Mazin & Associates, PC for a free consultation. Call (416) 625-2122.

With warmer temperatures beginning to stretch across Canada, many of us flock to local swimming pools, lakes and the central hub for cooling off. While there is nothing more fun than relaxing with friends and family in the water – every year there are tragic and avoidable water-related fatalities that occur all across Canada.

Many drowning incidents involve other factors that swimming skills alone cannot prepare an individual for. Learning water safety, such as how to prepare for an emergency, and what to do if one should occur – is key to preventing an emergency in or on the water. It’s swimming skills combined with safety knowledge and skills that saves lives.

Here are very helpful tips to preventing any water-related accidents this summer.

Active supervision

• The absence of adult supervision is a factor in most child drownings.
• Whether it’s a pool, the bathtub, a water park, or the beach, always watch children actively around water-even if they can swim.
• Consider requiring all non-swimmers to wear a life jacket to keep them at the surface to assist you while supervising.

Backyard Pools

• Backyard pools are especially dangerous for small children. Ensure adequate barriers are in place such as four-sided fencing along with a self-closing, self-latching gate.
• Empty portable toddler pools after each use.

Diving

• Diving headfirst into water should be avoided unless the individual is properly trained and is sure that the water is deep enough.
• Avoid diving in home pools and always enter the water feet-first.

Open Water

• Never underestimate the power of current. Swimmers can be swept away in an instant, particularly if weak swimmers get caught by current in rivers or out of their depth in abrupt drop-offs.

We understand the importance of being heard. If you have been involved in an accident and are experiencing pain and suffering, financial hardships, loss of enjoyment of social life or are in need of medical treatment – our specialized personal injury lawyers are here to help you.

Every year, millions of people are involved in motor vehicle accidents. Being involved in a motor vehicle accident can be a scary thing whether it is a little fender bender, or a tragic and dangerous crash. People are in shock after an accident occurs and become very nervous whether it is their fault or not. Whether an accident is your fault or not, you should follow some basic steps.

Check if anyone is injured

The most important step after an accident is to check if any drivers or passengers need a medical help. If they do, call for emergency immediately. A person’s life should always be the number one concern to everyone involved.

Call the Police

Call the police right away after the accident so that you can file a car accident report with them. A police report will be one of the pieces of evidence used in the investigation of the crash. Do not discuss the accident with the other vehicles involved.

Information Gathering

Get information from all of the vehicles involved, including his or her name, address, contact number, vehicle identification number and the insurance company information. If there are any witnesses, get their contact information.

Contact your Insurance Company

After an accident the insurance companies involved will begin their investigation. Give your insurance company the details of the accident. If you can call them while the police are present it may be even better as the police may be able to give them information that you cannot. This step may also be necessary if the other driver was not insured or has inadequate coverage.

Contact a Personal Injury Lawyer

If the insurance company does not accept fault or if you are seriously injured, contact a personal injury lawyer. Mazin & Associates, PC, personal injury lawyers can communicate for you with the insurance companies and make recommendations to help you to get the maximum compensation. Call us at (416) 625-2122 today for a free consultation.

Insurers frequently hire private investigators to spy on injury victims (plaintiffs) to try and attack their credibility. This is done by showing the plaintiff is able to do something that they claim they cannot do.  This can be very powerful evidence if the plaintiff is found contradicting him or herself.  In fact, this evidence can be so powerful that insurance companies spend hundreds of millions of dollars paying investigators to record the activities of accident victims.

What is important to keep in mind is that most of the damage that is caused by surveillance can be counteracted in two ways.

First, it should be explained to injury victims that when they say “can’t”, that frequently means cannot at all, as in never.  Therefore, if an injury victim really means that they can’t do an activity without pain or difficulty, or for long periods of time, or without feeling a tremendous amount of pain afterwards, or without taking large amounts of pain medications, then all of these things should be said as opposed to just loosely saying “can’t”.  The insurance company will scour through documents such as past medical records looking for words like “can’t” and then hope their investigators find an injury victim doing something they say they can’t.  Therefore, injury victims should be careful when they use words like “can’t” when speaking to doctors and assessors and ensure that if they say can’t, they mean not at all, not ever.

Second, ensure your lawyer serves the necessary documents by sending them to the insurer’s lawyer so that you get to examine the defendant first.  That is, in most court cases, each side gets to ask questions (examine) the other party by asking them relevant questions and this examination is recorded.   This process is called discoveries.  The rule is that the side that serves (sends) the other side a notice of examination (a document that tells the other side when and where they will be examined) first gets to examine the other party first before being examined.  The reason it is so important to examine the defendant first is because a question that should always be asked of the defendant is what are all the particulars of the surveillance that was conducted on the plaintiff.  This way, there are no surprises when the injury victim is finally examined—the victim will know (and sometimes be reminded) what he or she did on certain days.  This way, the injury victim will not accidentally say something that looks like it is contradicted by a surveillance video.  If an injury victim does not get these surveillance details before he or she is examined, he or she may inadvertently forget certain events and purely by accident state something that is contradicted by surveillance video.  If this happens, the defence lawyer will do everything he or she can to make the contradiction seem intentional (even if it was accidental) and use it to attack the injury victim’s credibility.

In summary, if what someone really means is that they have great difficulty doing something, then that is what should be said to doctors and everyone else, not that they can’t do something at all.  Also, it is important that the defence is examined first so that the injury victim can know the details of the surveillance the insurer has done “before” he or she testifies in a discovery.

Disclaimer: Do not, under any circumstances, rely on information found in this article as legal advice. Legal matters are often complicated. For assistance with your specific legal problem or enquiry please contact one of our knowledgeable personal injury lawyers, any of whom will be pleased to determine whether our firm can assist you.

At Mazin & Associates, PC, we highly recommend that you follow these 10 steps.

1. Contact the Police and advise them of all accident related details.
2. Write down the names and contact information of everyone involved in the accident and any witnesses; if you are involved in a motor vehicle accident, obtain the insurance information as well as the driver’s licence and licence plate numbers of all other involved parties.
3. See your family doctor and advise them of your injuries.
4. Notify your Accident Benefits Insurance Provider of your involvement in a motor vehicle accident as soon as possible.
5. If you are unable to work or go to school, notify your employer or school and advise them of the reason for your absence.
6. Keep track of the names of all health professionals that you see in relation to your injuries from the accident – be sure to also keep track of the dates and times of your visits.
7. Ensure that caregivers whether professionals, friends or family members, record the time that they spend caring for you and the activities that they help you with.
8. Investigate whether you are eligible for treatment coverage or disability pay under any other insurance policies – check with your employer, your school and/or private plan providers.
9. Keep the original receipts and invoices of all of your out-of pocket expenses related to your accident, including payment for caregiving, medication, assistive devices, etc.
10. Talk to a car accident lawyer about your legal rights.