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      • Brachial Plexus Injuries
      • Meconium Aspiration Syndrome
      • Cerebral Palsy
      • Kernicterus from Hyperbilirubinemia
      • Newborn Infections
      • Periventricular Leukomalacia (PVL)
      • Hypoxic Ischemic Encephalopathy (HIE)
  • Our Team

      Birth Injury Lawyers

      • Charles E. Gluckstein
      • Richard Halpern
      • Pinta Maguire
      • Jan Marin
      • Bethany Nicholson
      • Stacy Bailey
      • Brenda Agnew
      • Nedia Raja
      • Tina Latulippe
      • Denise Roleda
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    • Helping Families Heal: Support Resources for Pediatric Brain and Birth Injuries.
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  • General
    What are the early signs of Cerebral Palsy?
    Early signs of cerebral palsy include developmental delays in reaching milestones like rolling over or sitting, abnormal muscle tone (floppy or stiff limbs), and unusual posture or movement patterns.
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  • General
    What is the most common cause of cerebral palsy?
    The most common cause of cerebral palsy is brain damage or abnormal brain development that occurs before, during, or shortly after birth. This is often due to factors like premature birth, complications during delivery, or infections during pregnancy.
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  • General
    What is a brachial plexus injury and how does it occur during birth?
    A brachial plexus birth injury is damage to the network of nerves (brachial plexus) that controls movement and sensation in the shoulder, arm, and hand, often occurring during childbirth due to stretching or tearing of these nerves.
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  • General
    What should I do if my child has been injured?

    Seek medical attention immediately. If possible, take photos of the scene of the accident, collect contact information of witnesses, and record your own observations or what your child can tell you about what happened. Speak to a pediatric injury lawyer as soon as possible to ensure your rights and your child's rights are protected.

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  • General
    What are some of the product liability cases that Gluckstein Personal Injury Lawyers pursues?

    Among the product liability cases we pursue are:

    • Dangerous or toxic foodstuffs;
    • Unsafe toys;
    • Unsafe children’s products;
    • Unsafe household appliances;
    • Defective autos, airbags and car parts;
    • Defective safety equipment;
    • Toxic or unsafe house-building materials;
    • Defective machinery;
    • Defective recreational vehicles.
    If a defective or unsafe product has harmed you or a loved one, our product liability lawyers can help. Building a case like this takes resources, but that cost is on us, we only get paid if we win. Reach out for a free consultation to get started.
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  • General
    What will legal action cost? What will I have to pay?

    Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation. We believe that you should not need to be independently wealthy to access justice for harm caused to you.

    Visit our Expertise page to learn more about the types of cases we handle, or read more about our no-fee guarantee in detail.

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  • General
    How will I find out what happened to my child that caused a birth injury?

    Our birth injury lawyers will use a combination of resources to determine what happened in the context of a birth or perinatal injury.

    We will start the investigative process by obtaining the medical records and by gathering information from our clients.

    We will then seek out the most appropriate medical and non-medical experts to interpret and provide opinions and expertise as to whether there was a breach of the standard of care, whether that breach caused or contributed to the injuries, and the extent of the injuries suffered.

    Throughout the litigation process, we will receive further evidence as to what happened through the exchange of documents between parties and through the Examination for Discovery process.  

    If you're also wondering about deadlines, see how long you have to file a lawsuit. We're glad to walk you through this process at no cost, and we take on birth injury and trauma cases without asking for payment upfront.

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  • General
    How long do I have to file a lawsuit if I suspect my child has sustained a birth injury or perinatal injury?

    Typically, in Ontario, you have two years from the day which the injury occurred, the day you discovered that the injury had occurred, or the date you ought to have reasonably known about the injury to bring a lawsuit for a personal injury claim.

    In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the birth injury claim.

    It is best to contact an experienced birth injury lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful to learn about your legal rights early. We offer a consultation at no cost to help you understand where things stand, and we take on birth injury and trauma cases without asking for payment upfront.

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  • General
    What do our birth trauma lawyers do?

    If you believe your child or grandchild has suffered a preventable birth injury or trauma we can help make that determination. We start by meeting with you to get the facts. We then obtain all the relevant medical records and perform a detailed and comprehensive review. Where indicated, we will consult with highly qualified, respected and independent doctors to get the answers you need and deserve.

    If you want answers about your child's birth injury, our team is ready to listen. You can hear senior counsel Richard Halpern describe how we advocate for families in these cases. Meeting with us to review your case is free. We ask for no money up front, and fees apply only if you receive compensation.

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  • General
    What are birth injuries?

    A birth injury or birth trauma is harm caused to a fetus or newborn baby during pregnancy, labour, delivery or in the period shortly after birth. Most birth injuries are related to a disruption in blood flow to the fetal brain, although other forms of trauma also occur at or around the time of birth. If severe enough, the impaired flow of oxygen can cause permanent injury resulting in a diagnosis of Cerebral Palsy.

    Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of a person's life. They will have need for care, therapies and/or surgical interventions, often for life.

    Other common birth injuries include:

    • Shoulder dystocia;
    • Fetal and neonatal stroke;
    • Kernicterus;
    • Meconium aspiration syndrome;
    • Negligent resuscitation of a newborn;
    • Trauma from extraction tools.

    If your child has been affected by any of these injuries, our birth injury lawyers can help you understand what happened. We offer a consultation at no cost to review your situation, and we take on birth injury cases without asking for any fees upfront.

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  • General
    What can I expect from Gluckstein Personal Injury Lawyers?

    With 60 years of experience helping personal injury victims and their families, Gluckstein Personal Injury Lawyers have earned our place as a Top 10 ranked personal injury law firm in Canada. If we take your case, it is because we believe that there is a reasonable chance that we can help you to receive financial compensation for your injuries or disabilities. Read our testimonials to learn more about our commitment to full-circle care and how we put our clients first.

    We work on contingency, so there's no fee unless we win. Schedule a free consultation to find out if we can help with your case.

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  • General
    How can a personal injury lawyer help me?

    If you have suffered an injury due to the fault of another it is important to know your rights before making any big decisions. When you contact Gluckstein Personal Injury Lawyers for your no-obligation free consultation, we will help explain the various options you have based on your unique circumstances.

    Our personal injury lawyers can walk you through what to expect from the process. We work on contingency, so there's no fee unless we win.

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  • General
    Why do I need a personal injury lawyer?

    When you've suffered a serious injury you may find yourself feeling confused, scared, or unsure of what to do. Regardless of how you were injured, an experienced personal injury lawyer can help answer many of the questions you may have.

    Gluckstein Personal Injury Lawyers will listen to your story with great empathy and explain your rights and options. If you or a loved one were hurt in a motor vehicle accident, as a result of the negligence of a property owner, or by a medical professional, you may be eligible to make a claim for compensation and damages. Trust our team to help you make an informed decision about what to do next so you can move forward confidently.

    We work on contingency, so there's no fee unless we win. Schedule a free consultation to learn about your options.

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  • Why Choose Gluckstein?
    How are the fees and disbursements structured and does the firm have the resources to see the case through to the end?
    Clients who have suffered Personal Injuries or illness are usually under great financial and emotional stress. We understand that legal fees are the last thing that they want to think about. In the majority of matters, we do not ask our clients to provide any upfront fees. We receive payment only when your case has settled, or you have been awarded money at trial. At your free initial consultation, you will be fully informed by our lawyers about our legal fees.

    Visit our Expertise page to learn more about the types of cases we handle.
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  • Why Choose Gluckstein?
    Do the lawyers at Gluckstein Personal Injury Lawyers author articles and/or books?
    Our personal injury lawyers frequently publish content on legal topics for the public, our clients, and other lawyers. This includes blog posts, videos and podcasts, case studies, and papers and guides.
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  • Why Choose Gluckstein?
    Will Gluckstein Personal Injury Lawyers take cases to trial if a fair resolution cannot be negotiated?
    Our team will ensure the best possible result for every client, whether that comes from a settlement or from a trial. If a client’s case cannot be fairly resolved through the negotiation process, at mediation or otherwise, our lawyers will advocate for fair compensation at trial. Gluckstein Personal Injury Lawyers has tried cases before judges, juries, arbitrators, and administrative panels around Ontario.

    With over 60 years of experience, our team has earned recognition across the personal injury field. Read our testimonials to hear directly from clients we've helped. If your case doesn't settle fairly, we're ready to go to trial for you. We work on contingency, so there's no fee unless we win. Schedule a free consultation to discuss your case.
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  • General
    What am I entitled to after a personal injury?
    If you or a loved one has suffered a personal injury, you may be entitled to damages for pain and suffering, loss of income, and cost of past and future care, to name a few. This varies from case to case and depends on a number of factors. Our lawyers will explain what you may be entitled to in your free initial consultation.

    Our personal injury lawyers can review the details of your case and explain what compensation you may be entitled to. We work on contingency, so there's no fee unless we win.
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  • General
    How long do you expect my personal injury case to take before it is resolved?

    Litigation is a long process and every case is different. There are common stages to all Ontario personal injury actions, including:

    • Starting a lawsuit (issuing a statement of claim): This must be done within two years of the date of the incident.
    • Examinations for discovery: This generally occurs within about a year of the commencement of the lawsuit.
    • Mediation: This generally occurs within about a year of the Examinations for Discovery.
    • Pre-trial conference: This can occur within about a year of the Mediation.
    • Trial: This can occur anywhere from 3 to 5 years after the lawsuit has been started.

    A claim can settle at any point throughout this timeline.

    Every case is different, and our personal injury lawyers can give you a clearer picture based on your specific situation. A lengthy process shouldn't mean a costly one, our fees only come due if we secure your compensation. If you're wondering what this could look like for your case, reach out to our team to schedule a free consultation.

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  • General
    How do I know if I have a personal injury claim?

    Depending on the nature of your personal injury claim, there are a number of issues to be assessed. Broadly, a claim will involve three elements: (1) liability, (2) causation, and (3) damages.

    Feel free to contact a member of our firm for a free consultation to understand how your situation fits within these categories. Our personal injury lawyers can review the details of your case and help you understand where you stand. We work on contingency, so there's no fee unless we win.

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