The Aftermath of a Product Injury

Today, we’ve received a story, not from someone immigrating to America, but someone immigrating to Canada. Our writer left Egypt a few years ago and now they’re writing to us to talk about Canadian laws after they suffered a major injury.

When I came to Canada, I was focused mostly on starting a new life in a new country. I was learning a whole new set of rules, a new culture, and getting a firmer grasp on the language. 

Of course, that’s when disaster struck. 

I was in my car when the steering wheel locked up out of nowhere. It was a new car, too, so I was especially unprepared for a malfunction. I crashed, and I was badly hurt. 

I panicked at first, but then I started fighting back for my health and learning more about my legal options. 

Grounds for a Product Liability Claim

First, I took a look at what was required for a product liability claim. In Canada, you may be eligible for compensation if someone in the manufacturing and production line didn’t ensure the product was safe for its intended use. For example, if a drug was advertised as a cure for an illness, but it worsened that illness, the advertisers could be held responsible for the damage done to the people who took the drug. 

After talking to the lawyers at Jasmine Daya & Co, I figured out quickly that I shouldn’t have suffered through my accident. There was no way I could have known about the malfunction in a new car, and they should have made their products safer. 

Understanding Who’s Responsible

Product liability claims can be tough because the responsible party was likely not there for your accident. For example, I was injured because my car malfunctioned. While other drivers might have hit my car in the crash, the accident wouldn’t have happened if my car had worked right. 

Typically, the blame falls on the party responsible for the accident. In my case, the responsible party was the manufacturer. There was a careless mistake made when installing and producing my car, which led to a serious accident for me. 

Finding an Attorney for a Canadian Product Injury Claim

If you’ve been injured because a product injured you, don’t wait to file a claim. Had I not filed with a lawyer’s help and taken action for my compensation, I may not have recovered like I did. Now, though, my concussion has gotten better and physical therapy has helped strengthen my back after my injury. 

There are options out there, even if you’re new to the country and you’re worried about following the rules. The right lawyer should be calm, cool-headed, and experienced enough to give you guidance following your injury. 

Dealing with Work Accidents

When I started this blog, I didn’t expect the outpouring of people like me—struggling to follow and understand all these new laws we may not think about, and also not realizing the impact they have on our lives. For example, I hadn’t thought about what would happen if I was injured at work until I received the story below. 

While a lot of Kenyan laws are similar to American laws, there are some key differences. Some employers may even use unfair tactics on those who don’t know their rights! That almost happened to today’s storyteller. If you’re worried about your own case, you may need a lawyer, like she did, for your workers compensation claim. 

Unfair Practices in the Workplace 

As a new resident of the United States, I spent more time learning about my legal rights in everyday ways, switching my phone service over, getting a license, and other mundane things. I didn’t even think about what a work accident would call for until I’d been hurt while on the job. 

I lived in America for a little while, and I’d come here from Spain to work. Still, it seemed like it didn’t matter how hard I worked—my boss said I was out of luck. 

I wasn’t willing to accept a denial or let my employer get away with any unfair tactics, though. Instead, I  read more about my rights as an American resident and worker. Then, I got ready to file a claim. 

It turned out I was on the right track already. I’d acted quickly to notify my employer, since I thought there wouldn’t be much time to spare, just like Spain. I told them that I was on the way to the hospital, and that I’d need workers comp benefits. 

However, they acted like I had no opportunity to recover benefits, like wage replacement and medical care benefits. I knew that was wrong, though, based on state law. Now, I was certain they were trying to get out of paying for my recovery. 

That’s when I contacted an attorney, who helped me set up a hearing with a workers comp commissioner. It took a little evidence and some further tests with my doctor, but we did it. I got the compensation I needed in a lump sum, and my employer suffered some penalties for trying to keep my benefits from me. 

Now, I’m finally getting to rest and focus on my injuries. My leg is healing up nicely, and in a few weeks, I might even be able to return to work. Now, I know what to expect from my employer and I know my rights. 

Legal Worries in a New Land 

Getting workers comp benefits from your employer can be tough, especially if you’re an immigrant working in America—some employers might assume you don’t know your rights, which hurts vulnerable workers who are injured and struggling to work. 

Luckily, you may be eligible, even if your employer isn’t on your side. If you’ve been injured and you’re worried about your recovery, you may have a chance now to get your workers comp benefits. Check out our other stories for more information about American laws or reach out to a lawyer for help with your case. 

Facing a Washington State Accident

When my family first came to the states, we settled in the Pacific Northwest for some time. We loved the rain, the culture, and the people there. Contrarily, that love didn’t mean that it couldn’t be dangerous, as well. 

One day, I got a call that my aunt had been in a car accident. She would be okay, but she was shaken up, injured, and dealing with a totaled car. Her English is as strong as one of her first languages, but even so, she was worried that her case wouldn’t be taken seriously. She didn’t know where to go or how to get a Spokane car accident lawyer on her side. 

Fortunately, I was able to help her find a good lawyer who could help her, and I learned a lot in the meantime, too. 

Fault Laws in Washington State

Luckily, we found that the fault system in Washington state is much like it is in Kenya. That made it easier to get answers for our family. Both locations seem to work on the idea of fault. Meaning, if someone causes an accident, they’re responsible for the financial costs of the other person’s recovery. 

That’s when we knew we had a chance to file. My aunt was obeying the rules of the road, while the other driver wasn’t. They hit her, and now, we knew they should be held responsible for her suffering. 

Compensation Offered

We were also relieved to find that she had the options she needed for a full recovery. We would be able to regain the losses she suffered because of the accident, including both her financial and non-economic losses. 

For example, her car was totaled after the accident, and she ended up taking an ambulance to the hospital for a concussion and a broken arm. Those medical bills were expensive, made worse because she didn’t have health insurance, and it would have been difficult for us for a long time. 

She also suffered a lot in the wake of the accident in other ways, too. For example, the pain from her bone fracture made it tough for her to deal with her injuries. She needed compensation for these injuries, but we weren’t sure what to ask for. 

Fortunately, her attorney helped her find the worth of these intangible losses. While they don’t have a specific price tag attached, her attorney explained how we would find these figures and how much she could expect to receive. 

How We Settled the Case

Once we knew how similar many of these laws were to our country of origin’s laws, we were ready to get into the details for our case. My aunt took her claim to court, and  she was awarded the compensation she needed for recovery. It was tough for her, but we managed to get a better understanding of the laws affecting us. 

Now, we don’t have to worry about her future. It’s been a few years since the car crash, and now she’s back on the road, though she’s just as cautious as ever. 

Now, though, we have a better understanding of American car accident laws and what we can expect next time one of us has a difficult claim on our hands. Now, we all feel like we know our new home a little better.