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.

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.

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.

Toronto Rehab is a member of the UHN family, and is Canada’s largest academic health sciences centre dedicated to adult rehabilitation and complex continuing care. Over the years, they have found new treatments and solutions for brain injury, stroke, cardiovascular disease, spinal cord injury and Alzheimer’s disease. Bottom line: they do amazing work. The stories shared by their patients are a strong testament to that.

Joanne Smith’s spinal cord injury (SCI) at 19 left her paralyzed, but it has not held her back in the least. In fact, she has led an extraordinary life. This might not have been the case had she not undertaken rehabilitation at Toronto Rehab.Joanne’s story.

Tom Wilcox was doing what he loved when he was injured on the job. He was rushed to Toronto Western Hospital for emergency brain surgery. He was later transferred to Toronto Rehab’s Brain Injury Unit where the team got him back on his feet. Tom’s story.

Kristen Cameron, an active 25-year-old hockey player and coach, was struck from behind and thrown nearly 50 feet by an impaired driver while out for a bike ride. After two weeks of critical care, Kristen was referred to Toronto Rehab’s world-renowned Lyndhurst Centre to treat her C5 complete quadriplegia, with paralysis from the neck down. Kristen’s story.

Read more Toronto Rehab patient stories here.

If you’re looking to support an amazing organization that changes lives, UHN’s Toronto Rehab Foundation is a good choice.

When you’ve been hurt and can’t afford to lose. Mazin & Associates, PC are experts at focusing on serious and catastrophic personal injury claims. Our lawyers will help support you through every step of the legal process and assist you with finding the best possible health care solutions for your recovery.

Here’s the story of how we helped one of our clients, C.‌ Luke from Whitby,‌ Ontario:

“In‌ October‌ of‌ 2009,‌ I‌ was‌ involved‌ in‌ a‌ slip‌ and‌ fall‌ at‌ Walmart‌ which‌ seriously‌ injured‌ my‌ shoulder. ‌ I‌ was‌ contacted‌ by‌ Cunningham‌ Lindsey,‌ which‌ was‌ an‌ adjusting/insurance‌ company‌ representing‌ Walmart. ‌ They‌ asked‌ me‌ questions‌ like‌ if‌ I‌ had‌ a‌ job,‌ to‌ which‌ I‌ replied‌ I‌ was‌ self-employed. ‌ They‌ said‌ that‌ wasn’t‌ good‌ enough. ‌ They‌ asked‌ me‌ what‌ I‌ was‌ looking‌ for. ‌ I‌ asked‌ them‌ what‌ they‌ are‌ offering‌ me‌ and‌ they‌ offered‌ me‌ what‌ seemed‌ like‌ an‌ OK‌ amount. ‌Just‌ to‌ be‌ safe‌ though,‌ I‌ contacted‌ Gary‌ Mazin‌ who‌ was‌ recommended‌ to‌ me‌ by‌ a‌ friend‌ of‌ mine‌ as‌ being‌ a‌ top‌ personal‌ injury‌ lawyer.

I‌ was‌ hesitant‌ at‌ the‌ beginning‌ because‌ I‌ didn’t‌ know‌ what‌ to‌ do,‌ but‌ Gary‌ helped‌ me‌ with‌ everything. ‌ He‌ helped‌ me‌ find‌ therapy‌ and‌ found‌ the‌ best‌ doctors‌ for‌ me.

In‌ the‌ end,‌ I‌ settled‌ my‌ case‌ for‌ 75,‌ that’s‌ SEVENTY‌ FIVE ,‌ times‌ what‌ the‌ insurance‌ company‌ originally‌ offered‌ me. Retaining‌ Gary‌ Mazin‌ was‌ the‌ best‌ thing‌ I‌ did‌ for‌ myself‌ and‌ I‌ completely‌ recommend‌ him‌ to‌ anyone‌ involved‌ in‌ an‌ accident.”

We know how complicated critical illness insurance policies and claims can be. Even the most comprehensive policies may contain restrictions, complex terms and stringent procedures. It’s not always simple to understand and claim your allowable benefit.

Many Canadians are opting for critical illness insurance to bridge gaps in their health insurance coverage. Common worries include expensive drugs not being covered by medical plans and being able to pay for additional expenses such as rehabilitation costs or a spouse having to leave work to provide care.

The question is, is it worth the cost? The Toronto Star takes a closer look concluding that critical illness insurance can be worth it but you really have to understand how it works or you could be in for a nasty shock when a claim is submitted.

Glenn Cooke, a life insurance broker who runs Life Insurance Canada.com, explains that “Critical illness insurance is a great product but you have to understand the risks you are insuring and the exclusions.”

Here are three important things to know about critical illness insurance:

1. You can end up paying a lot in premiums just in case you develop a limited number of conditions listed on the policy.
2. An illness you think is covered may not meet the policy definition.
3. A return of premium rider is a costly add-on that could double your monthly premiums and getting your money back is not a slam dunk.

You can read more about it here.

If you or someone you know has been denied Critical Illness insurance benefits, our expert critical illness insurance claim lawyer can help you.

Going through the process of choosing a personal injury lawyer can sound overwhelming, especially when you or a loved one has just been seriously injured.

However, selecting a lawyer as quickly as possible after an accident is very important because in many situations, there are very strict timelines to adhere to in order to preserve legal rights–otherwise, you may lose all of your rights to claim compensation.

To make the process quick and easy for you, we’ve put together a list of five important questions to ask the personal injury lawyers you’re considering.

Do I pay upfront?

Choose a personal injury lawyer that handles cases on a contingency fee basis. This way you don’t pay any legal fees until your case has been won or settled so that you can focus on your injury recovery.

How much information will you share with me?

You want a personal injury lawyer that is transparent and will keep you informed about the litigation process and overall strategy for winning.

Do you service my local area?

The best personal injury lawyer for you is one that operates in your local area. This way you can be sure they have all the right contacts and connections needed for your case.

Why should I choose you?

You want a firm that focuses specifically on personal injury cases so that you know they have the right experience and expertise.

What do past clients say about you?

A reputable personal injury lawyer will be able to provide you with testimonials and references from past clients.