Personal Injury & Medical Malpractice Lawyers in Toronto, Ontario

Obradovich Law

P.O. Box 4, Suite 901 95 Wellington Street West Toronto, Ontario M5J 2N7 Canada

 (416) 862-0997 or (866) 900-0997
 (416) 862-0980

www.obradovich.net
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Law Firm Overview Free Consultation

Obradovich Law provides professional legal services for individuals who have suffered a legal wrong or injustice and need legal representation to protect their rights. The practice is restricted to acting for plaintiffs in cases of permanent, serious disability, impairment, or injury, or death.

The firm is responsible for sophisticated and complex litigation and uses technology to achieve its clients' goals.

We are located in downtown Toronto. We have extensive litigation experience in serious personal injury claims. We provide damage assessment presentations using the most appropriate experts. We welcome actions involving intensive document management and travel across the province for the conduct of trials.

Year this Office was Established: 1981

Languages: English, Russian, Serbian

Practice Areas

Additional Practice Areas: Disability Claims; Insurer Misconduct; Long-Term Disability Claims; Medical Device Litigation; Securities Litigation

Practice Areas Description

Obradovich Law provides legal representation and services in the following areas of practice:

- Automobile Accidents

We provide advice and representation in respect of both accident benefit claims and third party defendant tort claims arising out of motor vehicle accidents occurring during the current Ontario Insurance Act regime and its 3 predecessors (commonly known as Bill 198, Bill 59, Bill 164 and OMPP). We use a team approach to maximize the accident benefits available to you from your automobile accident insurer including your entitlement to be assessed by qualified medical and other health care providers, and payment of all replacement benefit, caregiver benefit, education benefit, medical and rehabilitation benefit and housekeeping and attendant care benefits.

- Construction Litigation

We are able to provide you with up to date advice and representation in the fields of construction law whether in the prosecution or defense of claims drawn upon years of providing legal services to the Canadian construction industry. The firm's clients include major Canadian construction and surety bonding companies and subcontractors, their directors and officers. We are able with the effective use of computer software and technology to manage and present complex and document intensive construction litigation. Our services include: Advice, negotiation, drafting and interpretation of construction contracts and subcontracts; Registration of Construction Lien Claims; Construction lien actions including resolution of priorities, timing issues and sharing of pooled funds; Breach of construction contract claims including claims for damages due to delay, loss of productivity, non-performance of contractual provisions, warranty claims and product liability claims; Misappropriation of construction trust funds and holdback claims; Performance and material and labour payment surety bond claims; Contractor's comprehensive general liability insurance claims; and, Interpretation of the provisions of the Construction Lien Act.

- Insurance Litigation

At Obradovich Law we have the experience and knowledge to assist you in overcoming the obstacles to recovery of the benefits of your insurance policy whether it be a claim for payment of long term disability benefit, sickness benefits or automobile accident benefits, a claim for recovery of property damage or indemnity. Access to the benefits of your insurance coverage is usually needed when you are most vulnerable. Our lawyers will bring a steadfast uncompromising approach to the recovery of insurance claims and proceeds on your behalf. Our insight drawn from the prosecution of many cases enables us to identify claims for recovery of consequential and extra- contractual damages caused by insurer conduct and breaches of the insurance policy. When you are injured, disabled, or ill is the time when you should be treated fairly by your insurer. Stopping bad faith practices is a hallmark of the disability insurance benefit litigation we conduct at Obradovich Law.

- Long-Term Disability Claims

Applications for payment of long term disability insurance benefits are continuing to increase in an environment that is becoming increasingly complex as the interplay between assessment of disability, payment of benefits, rehabilitation, accommodation by way of return to modified duties and safety concerns by employers all play a role in the administration of these claims. Additionally, psychiatric or behavioral health claims are rising at such rapid rates that it is estimated that they will make up over 60% of the total number of disability claims in the next 3-5 years. The inclusion of claims based on insurer bad faith conduct also have a profound impact on the way disability claims are handled. In order to successfully evaluate and litigate individual disability cases, plaintiff’s counsel must have a complete and up-to-date understanding of the legal and medical issues in this complex and highly charged area of law. In evaluating a disability claim, what we need to know and receive is the information and documents relating to: the definitions of total and partial (residual) disability; the total amount of benefits at issue; the future automatic increases, and cost of living adjustments; the maximum length of time benefits payable; and the contractual limitations periods.

- Medical Device Litigation

If you have been seriously injured or suffer disability as a result of a defective medical device such as: cardiac pacemakers, catheters, contact lenses, dental care products, implanted electrical leads, laser surgical tools, orthopedic implants, orthopedic surgical tools, heart valves, Sulzer hip and/or knee implant devices, joint hip and knee implants from various other manufacturers, Guidant Ancure Enograft devices, temporomandibular implant, TMJ implant, glucose monitor, laser eye surgery, collagen, insulin pump, and stent, then contact us if you wish to explore your legal rights and determine whether you are entitled to advance a claim.

- Medical Malpractice Litigation

Most people who come to us have both a poor treatment outcome and an unsatisfactory explanation of the reasons (or no explanation at all) from the health care provider. A poor outcome, of itself, is not evidence of medical negligence. An investigation of the true facts is necessary before we can say if you have a case. There are many explanations for poor outcomes unrelated to negligence. Sometimes conditions are not easily treatable and treatment simply fails. Doctors are not guarantors of results of even the best therapy. Sometimes treatment, like surgery or chemotherapy, carries a risk of complications, like infection, for example. If a person has been properly informed of the risks, and given consent, health care providers are not liable for the known complications of treatment.

Where more than one treatment option is available and acceptable, and the option chosen either does not provide a cure or causes a complication, the health care provider is not responsible. This is called an error of judgment, and is not negligence. As mentioned earlier, in some cases, the health care provider may, in fact, have been negligent, but the negligence may not have caused significant injury, and we might not recommend that a case be pursued. There are also some cases where there is clearly negligence that caused injury, but the damages are not sufficiently severe to justify the response of a medical malpractice case. Damages must be proven. That is, assuming that negligence resulted in an injury, what damage has occurred and how is it measured? Once again, experts are often relied upon to prove these matters.

- Personal Injury Litigation

We have been advancing claims arising out of all manner of personal injury, including automobile, motor vehicle and other transportation accidents, medical and dental malpractice, improper maintenance and design of premises, including falls, assault and battery since 1981. These actions include claims for damages for pain and suffering, loss of enjoyment of life, loss of amenities of life, loss of income and earning capacity, loss of housekeeping and home maintenance capacity, past and future economic losses, healthcare and rehabilitation expense, loss of opportunity or advancement, loss of interdependent relationships and loss of the care, guidance and companionship of family members.

We have particular experience in advancing claims for injuries associated with brain injury, including mild traumatic brain injury, chronic pain syndrome, fibromyalgia, orthopedic injuries and fractures, post traumatic stress disorder, reflex sympathetic dystrophy, soft tissue injuries, and spinal cord injury. Interested clients should be aware that various time limitation periods apply to these claims which if missed may have the effect of barring the client from asserting rights and it is important that you contact a lawyer as soon as possible to discuss these time limits.

- Pharmaceutical Litigation

Many injuries occur each year due to prescription and over-the-counter drugs. Patients are harmed generally due to dangerous side effects, with some of these injuries resulting in death. However, even proper use of a pharmaceutical agent can result in harm to the patient. Doctors, pharmacists, and pharmaceutical companies can be held liable for personal injuries resulting from the use of these drugs. Manufacturers of drugs and supplements can be held responsible for the sale of defective products. This responsibility is broad and includes the duty to exercise reasonable care in the design and manufacture of a product. The obligation of the manufacturer to make a safe product includes the duty to design, manufacture, inspect, and label a product appropriately. Failure to provide complete information can result in adverse effects not expected by the prescribing physician. Also, health care professionals can be held responsible for the negligent prescription or administration of medication.

- Products Liability

Products liability refers to the liability of any or all parties along the chain of manufacture and supply of any product for damage caused by that product. This includes the manufacturer of component parts, an assembler, the wholesaler, and the retail seller. Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was given, are the subjects of products liability suits. Consumer products must also meet the tort that they are reasonably fit for the purpose for which they are sold. Successful claims may only be made if it can be proven that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. The item can be unreasonably dangerous to use due to a design flaw. Manufacturing defects occur during the construction or production of the item. Defects in marketing deal with improper instructions and failure to warn consumers of latent dangers in the product.

- Securities Litigation

More and more unhappy investors are suing banks, brokerages, and mutual fund companies over losing investments. The types of actions that can be brought against a negligent broker include claims for: poor management of funds; carelessness or giving inappropriate advice; “churning” the account to generate large commissions without corresponding with the client; choosing unsuitable investments for the client; and, failing to execute client instructions. In order to qualify damages in these types of cases, it is usually necessary with the assistance of expert witnesses to determine what position that an investor would have been in but for the negligence. This is compared with the actual result with the difference being the plaintiff’s damages. Consideration that needs to be addressed in assessing these claims include: which investments were unsuitable; what investments would have been suitable; what were the transaction costs associated with both the suitable and unsuitable investments; the client’s instructions; income tax implications for registered plans; and, how and when the portfolio would have been rebalanced. We have a record of bringing these claims and access to experts whose testimony has been accepted in court hearings to assist in the evaluation of these claims.

Lawyers

Mr. Miles Obradovich Principal Attorney Appellate Practice, Arbitration, Civil Litigation, Commercial Litigation, Mediation

More Information on Obradovich Law

Personal Injury Law Firm in Toronto, ON
Toronto, ON Medical Malpractice Attorneys
Automobile Accidents Lawyers in Ontario
Toronto, Ontario Construction Law Firm
Insurance Litigation Attorneys in Ontario
Toronto, ON Long Term Disability Lawyers
Product Liability Law Firm in Toronto, Ontario
Toronto, ON Securities Litigation Attorneys
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