Expertise in Degloving Injury Law
Expertise You Can Trust, Results You Deserve
Degloving Injury Expertise
When you or a loved one has suffered a tissue injury due to the negligence or actions of another party, navigating the legal process to seek compensation can be complex. Whether you’ve sustained a deep tissue injury, experienced deep lacerations, or have suffered a degloving injury, understanding your rights and options is crucial. A knowledgeable tissue injury lawyer can provide invaluable assistance in these situations, guiding you through the legal framework, helping you gather essential evidence, and fighting for the compensation you deserve.
What Constitutes a Deep Tissue Injury?
Deep tissue injuries involve trauma to the soft tissues that lie beneath the skin. These injuries include deep tissue pressure injuries, lacerations, and degloving injuries. Unexpected accidents are a common cause of deep tissue injuries, and in severe cases, can result in amputations or immobility.
Deep tissue pressure injuries are injuries to the body’s tissues resulting from the application of significant or sustained pressure, leading to restricted blood flow and insufficient oxygen. They typically occur over bony prominences, resulting in painful ulcers. Importantly, these injuries might begin as a bruise and may go initially unnoticed as they can develop several days after a traumatic event. Signs of deep tissue pressure injuries include skin discoloration in shades of maroon or purple, sometimes accompanied by a blood blister. The affected skin may also feel painful or different from the surrounding skin (i.e., firmer, warmer or cooler).
Deep lacerations are tears in the tissue of skin caused by either shearing or blunt crushing force. They are characterized by an opening in the skin and are therefore visually identifiable. In the case of deep lacerations, the injury may cause profuse bleeding, and potential exposure to tendons, bone, ligaments or muscle. Depending on the depth of the injury, they may require stitches or stapling.
Degloving injuries are produced by shearing forces applied to soft tissue during high-impact trauma, resulting in the top layers of tissue and/or skin being pulled away from muscle, connective tissue, or bone. These injuries are usually associated with high-energy trauma, such as a motor vehicle collision. They can be devastating limb threatening injuries.
Open degloving injuries involve the avulsion of both tissue and layers of skin, leading to open wounds that may require treatment with skin grafting, or in some extreme cases, limb amputation. Open degloving injuries are identifiable on visual assessment. However, degloving injuries are not always visible. Closed degloving injuries involve a force that separates the top layer of skin and tissue from deeper tissues but does not result in avulsion of the upper layers of skin. Importantly, closed degloving injuries may be difficult to detect due to delayed presentation. Such closed injuries may require further diagnostic testing for identification, such as MRI or ultrasound imaging to detect the separation of skin from underlying tissues.
Legal Framework & Key Precedents
If you sustain a deep tissue injury because of someone’s negligence, such as in a motor vehicle collision or slip and fall, you may be able to file a claim and receive compensation for your damages. We can help determine if a condition was caused by negligence and what steps are needed to receive compensation for damage resulting from a deep tissue injury.
Under Ontario’s Insurance Act, not all individuals who have sustained deep tissue injuries in motor vehicle collisions can qualify for compensation for the physical pain, emotional distress and reduced quality of life resulting from their injuries. To be eligible, the injuries sustained must meet a legal ‘threshold test,’ meaning that the injuries must result in “permanent serious disfigurement” or “permanent serious impairment of an important physical, mental, or psychological function.” In assessing if a claimant’s injuries meet this test, courts will consider whether the condition is “permanent” (i.e. lasts into the indefinite future) and “serious” (i.e. regularly interferes with the claimant’s ability to perform their usual daily activities or regular employment).
There are a number of key cases in Ontario whereby claimants have successfully recovered damages for deep tissue injuries, including Cooper v. Silva, 2021 ONSC 313 (CanLII).
Role of a Deep Tissue Injury Lawyer
A lawyer with deep tissue injury expertise can help you navigate the complexities of your claim. Their services typically include:
- Consultation: Providing an initial assessment of your case and explaining your legal options.
- Investigation: Gathering evidence to support your claim, including witness statements and medical reports.
- Determining Negligence: Helping to establish if your deep tissue injury was a result of negligence.
- Legal Guidance: Explaining the relevant laws and precedents that apply to your case.
- Negotiation: Communicating and negotiating with the responsible party’s insurance company to reach a fair settlement.
- Litigation: If a fair settlement cannot be reached, preparing and filing a lawsuit and representing you in court.
- Fighting for Compensation: Advocating on your behalf to ensure you receive the maximum compensation you are entitled to for your injuries and losses.
Gathering Evidence for a Claim
To build a strong case for a deep tissue injury claim, gathering comprehensive evidence is essential. This may include:
- Medical Records: That document the diagnosis, treatment, and prognosis of your injuries. This may include initial medical assessments, specialist reports, and records of ongoing care.
- Photographic Evidence: That visually documents the injury as it develops.
- Accident Reports: If the injury resulted from a motor vehicle collision.
- Witness Statements: From witnesses who observed the incident that caused your injury.
- Personal Journal: Used to track symptoms, challenges, and disruptions caused by the injury.
- Lost Income Documentation: If your injury has caused you to miss work, documentation of your lost wages.
Compensation for Deep Tissue Injuries
If your tissue injury claim is successful, you may be entitled to various forms of compensation, including:
- Medical Expenses: Coverage for past and future medical treatments, including doctor visits, therapies, medications, and surgeries.
- Lost Income: Reimbursement for wages lost due to your inability to work, both in the past and future.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and reduced quality of life resulting from your injury.
Statute of Limitations & Filing Deadlines
In Ontario, the Statute of Limitations sets deadlines for filing a legal claim. In most cases, injured claimants have two years after they sustain an injury to commence an action against a negligent party. It is important to consult with a lawyer as soon as possible after sustaining an injury to make sure no deadlines are overlooked. Failing to file your claim within the prescribed time frame can prevent you from pursuing legal action and recovering compensation.
Frequently Asked Questions
Many deep tissue injuries start as bruises, often after accidents like slip and falls. The initial appearance of a deep tissue injury can be that of a deep bruise. However, not all bruises are necessarily indicative of deep tissue injuries.
Yes, if your deep tissue injury was caused by the negligence or actions of another party, you may have grounds to file a personal injury claim. A deep tissue injury lawyer can help you fight for the compensation you are entitled to.
Courts assess negligence, causation, severity, damages, and medical evidence. They determine if negligence caused the injury, evaluate its impact, and calculate financial losses.
Courts consider the location of the injury, its extent, and impact of scarring. Facial scars are more likely to be classified as disfiguring. Associated psychological distress, lifestyle changes, and expert testimony can influence the evaluation of severity.
Key evidence includes medical records, expert testimony, photos of the injury, accident reports, witness statements, and personal testimony detailing pain, suffering, and impact of the injury.
Choice of Firm Matters
If you’ve been seriously injured in an accident, the firm you select is a life-changing decision. The outcome of your claim depends on the quality of your representation. The best results are won by the most experienced lawyers, who know the case law and the best strategy to take thanks to their proven trial experience.
Speak with our lawyers to explore what compensation you may be eligible to claim
If you need a personal injury lawyer, you have likely been injured in a serious accident. We understand how difficult this period can be for you—and we want to help. Our firm consists of some of Canada’s most experienced and most respected personal injury lawyers. Oatley Vigmond’s team will help you focus on your recovery while we prepare your case to get you the compensation you deserve. We have achieved some of the largest decisions and settlements in the history of Ontario personal injury law.
Personal injury cases are complex and you need to ensure that you are properly represented after a catastrophic injury or impairment. We have the team and the expertise to offer you the best representation possible – period. As Ontario’s Personal Injury Law Firm, we serve clients across Ontario, with offices in Barrie, Toronto, Hamilton, Sudbury and North Bay.
Contact anytime to put the power of the Oatley Vigmond team on your side.
Certifications
Law Society of Ontario – Certified Litigation Specialists
Oately Vigmod proudly features lawyers who are Certified Litigation Specialists by the Law Society of Ontario (LSO). This certification is a prestigious designation that recognizes lawyers with advanced expertise in specific areas of law, such as civil litigation, criminal law, or family law. Achieving this status requires significant experience, advanced knowledge, and a commitment to maintaining high professional standards. The certification assures clients that these lawyers have demonstrated excellence in their field and are recognized by their peers and the legal regulatory body for their specialization.
The Canadian Legal Lexpert Directory
The Canadian Legal Lexpert Directory consistently recognizes Oatley Vigmond’s lawyers for their expertise in personal injury law. In 2024, several of the firm’s attorneys were listed in this prestigious directory. James L. Vigmond, with over 35 years of experience, received the highest recognition as “Most Frequently Recommended” in personal injury litigation. This recognition highlights Oatley Vigmond’s specialization in representing individuals with serious injuries, including spinal cord and traumatic brain injuries.
Best Lawyers
Oatley Vigmond has consistently garnered recognition in the Best Lawyers listings, a prestigious honor in the legal profession. This accolade, based on peer evaluations, reflects the high regard and trust the firm’s attorneys have earned within the legal community. In 2024, eight of the firm’s Partners were included in The Best Lawyers in Canada edition. Notably, James Vigmond was named the 2025 “Lawyer of the Year” for Personal Injury Litigation in the Toronto area.
Canadian Lawyer Magazine
Oatley Vigmond has received recognition in Canadian Lawyer magazine, further solidifying its reputation in the legal community. This feature highlights our expertise and standing in the field of personal injury law. Canadian Lawyer is a respected publication that covers various aspects of the legal profession in Canada, including notable firms and practitioners. The inclusion of Oatley Vigmond lawyers in this magazine underscores our professional achievements and contributions to the field. Such recognition validates our commitment to excellence.
Catastrophic Injuries Verdicts and Settlements
The lawyers of Oatley Vigmond established our reputations in the courtroom, where we distinguish ourselves by preparing our cases with the best experts available and delivering them in a thoughtful manner designed to resonate with judges and juries alike. Our efforts have established record-setting payouts for our clients.
That’s because our reputation as successful trial lawyers has enhanced our ability to successfully negotiate large settlements for our clients, with whom we develop deep relationships. But don’t just take our word for it: Below, meet some of our clients, and hear about the results of our work.
Past results are not necessarily indicative of future results. The amount recovered and other litigation outcomes will vary according to the facts of individual cases. In addition, certain details of personal injury lawsuit verdicts and settlements are kept confidential at the request of the plaintiffs.
$24 Million Settlement
MOTOR VEHICLE ACCIDENTS
SPINAL CORD INJURY
$12.5 Million Settlement
BRAIN INJURY
MOTOR VEHICLE ACCIDENTS
$12 Million Settlement
BRAIN INJURY
MOTOR VEHICLE ACCIDENTS
Practice Areas
We are consistently ranked as one of Canada’s top personal injury law firms. Whether you have experienced a brain injury, a spinal cord injury, a fracture or orthopaedic trauma, or other personal injuries, we have the expertise to offer you the best representation possible — period.
Oatley Vigmond’s extensive experience positions us as one of the leading personal injury firms in Ontario, specializing in catastrophic injury claims. Each year, numerous catastrophic incidents in Ontario result in life-altering injuries that leave victims and their families facing immense challenges. Our expertise in handling these complex cases means that you can trust our skilled team to guide you through the legal intricacies with compassion and proficiency. From filing insurance claims to negotiating settlements and collecting fees only upon a successful outcome, Oatley Vigmond alleviates the stress so you can focus on healing. Let our experts manage all the legal aspects, ensuring that you receive the compensation you deserve.
Understanding the profound impact of catastrophic injuries, Oatley Vigmond provides unparalleled legal representation. With over 30 years of experience in catastrophic injury claims, our personal injury lawyers are equipped to handle the most challenging cases. We meticulously gather crucial evidence, promptly complete all necessary paperwork, and negotiate assertively to secure your rights. If you or a loved one has suffered a catastrophic injury, call us at 1-888-662-2481 for a free consultation.