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Caring for the Injured: Our Philosophy

The team at Mazin & Associates understands the hardship an individual may face following a serious personal injury. Injured peoples care is something we know all too well. Often times, it is not only the injured individual whose life is adversely affected following an injury. We recognize how family members’ lives are also significantly impacted when a loved one sustains a serious and debilitating personal injury. Keeping this in mind, our experienced staff appreciates the importance of helping an injured person focus on efforts at rehabilitation, rather than cumbersome paperwork and confusing legal rhetoric. Importantly, retaining a lawyer at Mazin & Associates is critical to ensuring that the benefits or damages available to the injured person are sought and collected in full. This is because we have an in-depth understanding of the strategies utilized by insurance companies to minimize payouts to injured persons, and combat those with our own defined, calculated approach to dealing with the tactics employed by insurance adjusters and their lawyers. No stone is left unturned at Mazin & Associates, PC. We fight to recover any and all monies payable to an injured individual.

Perhaps most importantly, at Mazin & Associates, PC we believe that injured peoples care extends far beyond the medical attention or care they require following a serious personal injury. For Mazin & Associates, PC staff, quality of care to our clients is integral to the functioning of the firm. We insist on open lines of communication with all of our clients, addressing promptly all questions or concerns when they arise. We believe that regular communication and complete transparency with our clients is critical to the success of an injured person’s claim against an insurance company. We also appreciate that no two clients are alike, and that every file should be advanced on the basis of that individual’s unique set of circumstances and needs. It is important that our clients understand that the staff at Mazin & Associates, PC are advocates seeking to tell your story. At Mazin & Associates, PC, quality of care also means that we make it our priority to proactively and diligently work on our clients’ files from the very outset. We do not waste time or forgive the stall tactics insurance companies utilize to delay or drag out your claim. We seek to expedite our clients’ files as best we can, without ever compromising the value or integrity of our clients’ claim. Finally, for the team at Mazin & Associates, PC, quality of care also means a fair settlement or resolution of our clients’ claims. We are litigators with a proven track record that demonstrates that we have the gusto and grit to take on big insurance corporations. We are passionate about what we do, and make it our mandate to represent those whose voices would be otherwise quelled by large, intimidating insurance companies.

Let us help you. Contact Mazin & Associates, PC at (416) 625-2122 today.


Common Defence Tactics in Car Accident Cases

If you have been involved in a car accident and have started some form of personal injury claim, chances are the insurance company will hire defence lawyers. These lawyers, and the tactics used by the insurance companies in these kinds of cases, are luckily quite predictable.

First, chances are that both the defence lawyers as well as the insurance companies are hoping that injury victims are not truthful. The reason being, insurers frequently get pre-existing medical records. This means that they already know what kind of health problems someone had before the car accident. They just want to ask the person under oath to see if they can catch the injury victim in a lie.

Secondly, the insurance company will usually hire private investigators to surveil the injury victim. The detectives usually continue to surveil the injury victim until they get what they feel is “good stuff.” For example, someone working when they claim they cannot work. Or someone lifting heavy objects when they say they are unable to. The key is to be honest so that insurers can do all the surveillance they want but it still won’t show the injury victim lied.

Third, insurers frequently try to delay the progression of the case. The reason being, if the insurer delays, there is a high chance that someone will be involved in a second accident. If this occurs, the insurer can try to suggest that an injury victim’s problems relate to the second accident, for which they are not responsible. Insurers also try to delay in order to put financial pressure on injury victims to want to settle for low amounts.

Fourth, insurers will try to get injury victims to claim that their medical records are not accurate. That is, an insurer will try to get an injured person to claim that they told their doctor something, knowing that there is no such mention in the medical records. The insurer will then try to suggest the injured person never really told their doctor what they are claiming to have told the doctor.

If you have been involved in a serious personal injury, it is important to contact personal injury lawyers.


Personal Injury Lawyer Versus the Insurance Company: Tactics

Obtaining compensation for serious injuries is similar to playing chess. What are the similarities? Well, in both situations, there are tactics (or short term plays) which are executed in an effort to win (in chess, the object is to checkmate the king; in a personal injury case, the object is to receive the maximum compensation). The major difference is that in chess games, the end result is usually not too important. In personal injury cases, the end result can be the most important thing in that injury victim’s life.

So what are the tactics? First, there is the insurance company’s tactic of delay. Delay is a very strong tactic for three reasons. First, insurance companies know that if they delay an accident victim’s case long enough, it is more likely that the injury victim will accept a lower amount since they will more likely be in greater need of money. Second, by delaying a payout, insurers get to earn money on injury victim’s payouts for longer periods of time. Third, it is more likely that a negative intervening event (such as a second car accident occurs), so that the insurer can say that the injuries being advocated by the personal injury lawyer are not related to the lawsuit in question.

Second, another tactic is when the personal injury lawyer does not admit liability. Frequently, insurers will offer to admit liability (which means they admit fault), in return for the claim by the personal injury lawyer to be limited to the policy limits. While this might sound good (after all, why shouldn’t the insurer admit liability when their client rear ended someone in a car accident), it is frequently not a good tactic for the personal injury lawyer to accept this deal. The reason is that if the personal injury lawyer accepts this deal, he or she will not be able to argue the almost guaranteed winning point that his/her client is not at fault. For instance, could you imagine how ridiculous an insurance company’s defence lawyer will look to a juror when he/she tries to argue that the defendant is not at fault for a car accident when the defendant rear ended the injury victim’s car.

Third, another tactic used by an insurance company is to use leading questions when questioning an injury victim in an examination called a discovery. For instance, during questioning, instead of asking a person if he/she was injured as a result of the car accident, the question might be something like, “I guess you didn’t have to go by ambulance because the injury wasn’t so serious?” This invites the injury victim to agree with this loaded question. (Personal injury lawyer hopefully warns their injured clients about these kinds of leading questions.)

Fourth, surveillance is a tactic frequently used to discredit an injury victim. For instance, the insurance company may hire an investigator to follow someone for days, months or years to try to get footage that suggests a person is able to do a vigorous or athletic activity. They will then use leading questions to try to get an injury victim to agree that he/she is unable to do something (for example, gardening) after the car accident. Then, the insurer will use the surveillance to contradict the injured person’s testimony to suggest the injury victim should not be believed about anything at all.

It is important that a personal injury lawyer is familiar with the possible tactics used in personal injury cases such as car accidents in order to prevent insurers from minimizing seriously injured people’s claims.


Car Accident Lawyer Answers Common Questions

After practicing in personal injury as a car accident lawyer for so many years, I am frequently asked similar questions by many of my clients. Many of the answers to these questions are from my experience with dealing with insurance companies who try to deny claims advocated by car accident lawyers.

Here are some of the common questions:

Will the insurance company hire investigators to follow and spy on me?

The answer to this is yes. Insurers almost always hire private investigators to film you. As a car accident lawyer, I have seen investigators follow clients in their vehicles, look into client’s homes (which is totally illegal), and frequently pretend to be other people when trying to hack into social media profiles such as Facebook or Twitter. As a car accident lawyer, I tell my clients to assume they are being watched.

Will the insurance company settle my case very quickly?

Usually, the answer is no. Car accident lawyers know that when an insurer tries to settle very quickly, it is usually because it is ripping off the injured person by offering such a small number. However, a car accident lawyer should also be mindful that insurers like to delay claims because they know that injury victims frequently are willing to settle for smaller amounts if they have to wait too long. That is why it is important that your accident lawyer moves the case along.

Are all car accident lawyers the same?

Not at all. Are all restaurants the same? Are all boxers the same? Different car accident lawyers have different skills. It is important that your car accident lawyer is specialized in car accidents. Car accident laws have specialized rules and regulations which specifically apply to car accidents (including truck accidents, motorcycle accidents, bus accidents, and other motor vehicles). If your lawyer is not a specialized car accident lawyer, he or she will be at a major disadvantage.

What type of claims can I make after a car accident?

After a car accident, there could be multiple claims. Car accident lawyers know that in addition to what is called a third party claim (which is a claim against the at fault party), there are frequently many other claims as well. For example, accident benefits from your own insurance company can pay for medical treatment, attendant care, income replacement benefits, housekeeping, and rehabilitation. In addition, there may be short term or long term disability insurance available. It is important that an experienced car accident lawyer handles your case after a car accident so that you can receive the full compensation to which you are entitled.


How to Choose the Right Personal Injury Lawyer

When you are involved in a serious accident, it is important that you choose the right personal injury lawyer to represent you. After all, this person will be your advocate, who will advise you about what to do. Your personal injury lawyer will also be arguing with an insurance company, and showing the insurer why your case is worth what it is. In short, nothing could be more important to the value and outcome of your case than the personal injury lawyer that you choose.

Since it is so important to choose the right personal injury lawyer, the obvious question is how should you choose the right one. If you turn on the TV, or listen to the radio, or look at the back of buses, you will be flooded with advertisements of personal injury lawyers claiming they are the best. What you should ask yourself is why are these personal injury lawyers advertising so much. If they were the “best”, would they need to advertise so much. Wouldn’t past clients as well as other people refer these personal injury lawyers business without them needing to advertise if these personal injury lawyers really were the best.

If your common sense is telling you that you should not choose a personal injury lawyer based on advertising, you are correct. So here are the factors that I suggest you take into consideration when choosing a personal injury lawyer to represent you.

First, does the personal injury lawyer have trial experience? This is very important. If the personal injury lawyer you choose does not have trial experience, then the insurer knows it can stand firm at a low offer and not increase that low offer because the personal injury lawyer will just accept the low amount.

Second, does the personal injury lawyer focus on personal injury law, or does he or she practice in other areas. Personal injury lawyers should only practice in personal injury in order to be specialized in such a complicated field. The law in this area changes all the time and someone must be a specialized personal injury lawyer to be able to maximize the value of your case.

Third, does the personal injury lawyer deal with your case him or herself, or does he have someone else handle your case. You must ask the personal injury lawyer if he/she will personally be dealing with your case, or else your entire case may be handled by other people, which could result in an unfavorable outcome.

Finally, does the personal injury lawyer have someone in his/her office who speaks your language. If English is not your first language, you want to be sure that the personal injury lawyer you choose has someone in the office who is able to speak your language so that you could have optimal communication in your case.

In this age of excessive advertising, don’t be fooled. Do your research and make sure you ask personal injury lawyers the right questions before you sign on.


Single Vehicle Accident Claim

Most car accidents are scary accidents and single car accidents are no exception. Obviously, factors like road conditions, hidden obstacles, and weather conditions can adversely affect one’s ability to control a vehicle and can result in an accident. Because only one car was involved in a single vehicle accident, the driver is almost always considered to be at fault for the accident. But there are a few exceptions.

Examples of Single Vehicle Accident

1. Slick Road Conditions
Slick road conditions are probably the number one cause of single car accidents. Even when most of the roadways are clear, black ice can be undetected by drivers potentially causing major accidents.

2. Sun Glare
Sun glare can really cause problems when driving, especially at dawn and dusk. Even if the sun is blinding you, you are responsible for your vehicle at all times.

3. Swerving to Miss an Animal
Swerving to miss an animal is often a natural reaction; however it is also extremely dangerous. Unfortunately for the animal, it could be safer for the driver and passengers to hit the animal verses swerving into oncoming traffic, hitting a ditch and rolling, or hitting a large tree.

4. Pot Holes
Hitting a pot hole is considered a single car accident which could place the driver at-fault. Many drivers feel not at fault especially when there is no place to go.

5. Flying Objects
Flying objects hitting a vehicle technically could be considered a single car accident, but it could be not considered an at-fault accident. Rocks hitting your windshield or a tree branch falling on your vehicle while driving can be considered comprehensive claims.

6. Defective Car Parts
Of course, single vehicle accidents can also be a result of the acts or inactions of others. For example, defective car parts can prevent effective braking or steering.

Those injured by single-vehicle accidents cab be subject to liability for negligence in causing the accident. However, as noted, it may be possible to shift this liability to a third party if that person or entity was wholly or partially responsible for creating the conditions that caused the accident.

Additionally, the driver may face be ticketed and there could be charges related to driving.

For more information about single-vehicle accidents and the possible legal remedies and consequences you should contact specialized personal injury and car accident lawyers. Contact Mazin & Associates, PC, Personal Injury Lawyers for a free initial evaluation and advice following your accident at (416) 625-2122.


What if Defective Parts of my Car Caused an Accident?

It can be confusing to tell who is at fault in some vehicle accidents. What if you were driving quite safely, and some defect in your car caused unsafe conditions on the road that lead to an accident and possibly injured you or someone else? Who is at fault in this case?

Defective cars can be very dangerous. Whether or not defective operation of a vehicle will excuse a driver from fault for causing an accident depends on all of the circumstances of the accident and factors such as the following may be relevant:

  • whether the defect was one that ought to have been detected prior to driving the vehicle;
  • whether the “defect” was simply a shortcoming of the vehicle (such as lack of anti-lock brakes) which the driver out to have known about and accounted for;
  • whether, despite the defect, the defendant could have avoided the accident; and
  • whether the accident would have occurred even absent the defect.

Whatever the case, when a car or one of its components is defective and causes an accident, what can you do and who is to blame?

The first, and most obvious target of such cases is the automaker, in which case this would actually be a product liability lawsuit. Depending on the circumstances of the accident, if someone else was injured, you may or may not still be held accountable for some of the other person’s injuries. But in some cases, all damages caused by the accident might be able to be blamed on other parties.

If we can prove that your vehicle had a manufacturing or design defect and the manufacturer improperly installed a component or inadequately designed an entire system or vehicle, such that it resulted in the accident, you may have a claim against that manufacturer, and possibly even the dealer who sold it. We would have to also prove that the defect was dangerous enough to cause the accident in question, and that no major alterations to your vehicle had been made since being purchased that could have affected its safety on the road.

Common problems with cars that are likely to cause an accident include problems with the steering, acceleration, braking, windshield wipers, computer systems or lights. If your car is showing signs of any of these problems, you should get it checked as soon as possible.

Aside from the manufacturer of the car, you may also have claims against other parties. For example, if the vehicle was used when you bought it, and sold with a warranty. Another source of recovery is available to those who install after-market parts that fail, resulting in accidents. It is not uncommon for one to install different tires, headlights, taillights, suspension, and other systems to improve the look or performance of a vehicle. But, not all of these parts are made to the same standards of quality or designed to be as compatible with your vehicle as the original parts.

As a result, if you have been injured in an accident caused by a defective vehicle part, do not assume that there is no way for you to get recovery. In many cases, this recovery can be substantial and may compensate victims for medical bills, lost income, pain and suffering, and more. To maximize your chances of success, and to consider all options for recovery of damages resulting from a defective part, contact Mazin & Associates, PC, Personal Injury Lawyers , experienced in vehicle accidents and product liability claims. Call us for a free initial evaluation and advice following your accident at (416) 625-2122.


Some Common Places of Slip and Fall Accidents

Falls are unquestionably the most common form of injury-producing accidents today. Every year, millions of people visit the emergency room because of a slip and fall accident. The effects of these falls can vary, causing everything from a few minor bumps and bruises to skull fractures.  Unfortunately for many of those individuals, the injury is due to no fault of their own but due to the negligent, careless or reckless acts of another party.

The fact is that a slip and fall accident can occur anywhere at any time. Slip and fall accidents are not limited to certain places or circumstances. Uneven sidewalks, slippery snow and icy conditions are the most common causes of fall injuries. In the interior of complexes, wet floors, dangerous floor coverings and slippery pool surfaces present the biggest risk for slip and fall accidents. Some common places for slip and fall accidents include:

Uneven Sidewalks, Walkways, and Driveways

Most property owners are familiar with regulations or laws that require them to ensure that the pavement in front of their home remains a safe place for pedestrians.  If someone experiences a slip and fall accident due to a hazard, a negligent property owner can be held liable. In particular, sidewalks, walkways and driveways can prove to be especially dangerous during the winter season, due to snowy and icy conditions that can create slippery paths for pedestrians. Such risks aren’t limited to the winter season, either, since there are also other risks, such as cracked sidewalks or potholes that can result in serious risks to pedestrians.

Slippery Pool Areas, Gyms, and Restrooms

Pool areas, especially in a condo or co-op building, are another common site for slip and fall injuries. Naturally, at a public pool, plenty of people are entering and exiting the pool, dragging water onto the floors with them. At the gym, there is always a risk of pools of sweat, water, or various types of sports drink collecting on the floor, or nearby weight machines. As for restrooms, there is plenty of risk that water used to wash one’s hands can wind up on the floor, creating a slippery, hazardous environment for other persons.

Wet Floors

Plastic rain mats should be used, especially in inclement weather, to reduce the danger of slipping on a wet floor. Property managers can protect their residents and visitors from a wet floor accident by replacing saturated mats, or using mops or wet vacuums, to remove water that may accumulate from snow, ice, or rain.

Weather Conditions Due to Slippery Snow and Ice

Winter weather conditions, such as snow and ice, must be taken care of in a timely fashion. Although we can’t always predict what the weather will do, property owners and municipalities alike have a responsibility to plow streets, shovel sidewalks and salt steps and walkways.

Footwear

The National Floor Safety Institute reports that 24% of slip and fall accidents are caused by footwear, but this stat isn’t just about heading out on the town wearing 9-inch heels. Sneakers and even work boots that don’t provide proper traction can cause people to slip and fall at home, in public or on the job.

Dangerous Floor Coverings

Curled edges of carpets or mats create another common slip and fall hazard. To keep the edges of floor coverings down, a special carpet tape can be used underneath.

Mazin & Associates, PC, Personal Injury Lawyers based in Ontario has helped thousands of  injured people with personal injury claims, and would be honored to assist you. Call us today at (416) 625-2122. The call is free, but the advice could be priceless.


Tips for Photographing your Car Accident Scene

If you’ve been the victim of a car accident, photographs can be very effective real time evidence in your personal injury claim. Without pictures, insurance companies are left with incomplete police reports and the verbal testimonies of those involved. Photos that you take immediately following your car accident can be helpful in documenting the damage to both cars, the position of the cars after the collision, and any debris at the scene.

What Type of Pictures can help at an Accident Scene?

Even after the accident has been cleaned up and cars have been moved, there are more photos that may be helpful to your case. The photos can paint a picture of the location of the accident, driving conditions at the time, the position of the vehicles, collision points, and a host of other accident details. Keep in mind the following tips when taking photos at the scene:

  • Photograph all the vehicles involved and their relative positions from all angles to establish the boundaries of the crash scene and the impact zone.
  • Photograph injuries to you or any other persons, including cuts, bruises and scrapes.
  • Broaden the view and take photos of traffic indicators, street layout and landmarks if any.
  • Photograph weather conditions.
  • Get close-ups of your car’s damage.
  • Look for broken glass and damaged car parts.
  • Photograph damaged street signs, guardrails, trees, or other stationary objects damaged by the accident.
  • Include photos that identify the time and date of the accident.
  • If there were witnesses to the car accident, find out where they were and take photos from their point of view.
  • Look for skid marks. The location where tire marks start and the direction of the marks.
  • Make sure also to take shots of the vehicles’ identifying features such as license plates.
  • Look inside the vehicle and take photographs of any interior damage, deployed airbags, seatbelts, and so forth.

Ultimately, the circumstances of each accident will determine what type of pictures should be taken. As a general rule, however, it is best to take as many pictures as possible. Even when the police arrive, you should still take as many pictures as possible because you may obtain picture evidence that the police could not.

Not all of these photographs are necessary in every accident, and there may be other important photographs that are not covered here. Mazin & Associates, PC, Personal Injury Lawyers will be better able to advise you on what photographic evidence you need for your particular case. Call us for a free initial evaluation following your accident at (416) 625-2122.


Wearable Devices: An Important Witness for Personal Injury Cases

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.

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  • "I‌ wanted‌ to‌ thank‌ Gary‌ Mazin‌ for‌ everything‌ he‌ did‌ for‌ me. ‌ Retaining‌ him‌ was‌ the‌ best‌ decision‌ I‌ had‌ ever‌ made. Gary is the best personal injury lawyer. His‌ expertise,‌ professionalism‌ and‌ kindness‌ were‌ always‌ present. ‌ He‌ was‌ able‌ to‌ get‌ me‌ the‌ fair‌ settlement‌ that‌ I‌ deserved‌ because‌ of‌ his‌ knowledge‌ and‌ support. He‌ is‌ a‌ truly‌ dedicated‌ personal‌ injury‌ lawyer‌ to‌ whom‌ I‌ am‌ forever‌ grateful."
  • R.‌ Chertok,‌ Richmond‌ Hill
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Mazin & Associates PC dedicates itself to achieving maximum settlements in serious personal injury and accident cases. Our areas of practice include car accidents, motorcycle injuries, brain injuries, spinal cord injuries, slip and falls, wrongful death, product liability, long-term disability and medical malpractice.

  • Toronto
  • Tel: (416) 625-2122
  • Toll Free: 1-800-432-HURT (4878)
  • Fax: (416) 250-1238
  • 5 Park Home Ave #501
  • Toronto, ON M2N 6L4