Mackesy Smye Lawyers

Hamilton personal injury law firm, Mackesy Smye, provides personal injury lawyers for accidents, malpractice, slip & falls and other personal injury cases.

Mackesy Smye is one of the top personal injury law firms, not only in the Hamilton/Burlington area, but in North America according to Martindale & Hubble Peer Review Ratings.

The personal injury lawyers of Mackesy Smye have a combined legal experience of over 175 years. We have successfully represented thousands of injured victims of serious accidents or medical negligence.

Our representations have been made at all levels of Courts and Tribunals concerned with motor vehicle accidents. We are highly respected by our peers, the Courts and the insurance industry.

We offer you a free consultation to openly discuss your rights following injury in a motor vehicle accident. If it is difficult for you to come to our office because of your injuries, we will come to you at the hospital or in your home.

Slip, Trips & Falls | Responsibility & Liability

Sustained Injuries in a Trip and Fall? Who Is Liable?
If you have suffered injuries and pain from a trip and fall accident on another person’s property, just who can be held legally liable for the incident? Furthermore, how is liability determined in the eyes of the law?

As experienced personal injury lawyers, we can help you determine liability based on a number of factors and help you seek fair and just compensation – read this article and learn more. Read this article to learn who’s responsible for personal injuries resulting from slip, trips and falls on residential, commercial, or government properties.

Medical Malpractice Lawsuits | Ontario Standard of Care

The Standard of Care in Ontario – Can You Sue?

Have you suffered an injury or loss due to medical negligence? How do you know if you have a case for medical malpractice? There are several factors that help to determine whether or not a professional or medical facility has acted irresponsibly.

An experienced personal injury lawyer from Mackesy Smye can help you determine if you have a case and a right to compensation.

Read our medical malpractice article and learn more. The standard of care in Ontario is specific – if you’ve suffered injuries due to medical malpractice, our lawyers can help you seek financial compensation.

How to Navigate the Litigation Process in a Trip and Fall Case

Fortunately, trip and fall cases are seldom complex affairs. However, someone still has to be held liable and the victim may be entitled to seek claims for their pain and suffering. To do so requires a litigation process which a personal injury attorney will guide you through.

Here is the 5 step process to a slip and fall lawsuit.

Most Common Types of Motorcycle Accidents in Ontario

Be Aware of the Top 10 Causes of Motorcycle Accidents
As motorcyclists, do you know what the most common causes of road accidents are? As a driver, are you careful around motorcycles on the road?

Motorcycle accidents account for as much as 35 times more deaths on our roads. By knowing the most common causes of accidents, you, and other motorists, can work towards avoiding accidents and death.

Not sure what to look out for? Check out our post here. Motorcycle accidents are one of the most common types of vehicle accidents leading to injury & fatality - read this post on what types of accidents to avoid.

Premises Law | Elevator Failure | Owner or Manufacturer’s Liability

Stuck in an elevator? Who Takes Responsibility?
Here’s how to hold manufacturers or building owners accountable.

Elevator failures used to be unusual, but since 2001, the number of elevator accidents has doubled and that trend isn’t going to stop. Building owners have felt the economy’s pinch and have not updated aging elevators or have skimped on maintenance and routine repairs.

Meanwhile, some passengers have suffered death or injury in faulty lifts. Elderly and disabled residents have become stranded in their homes when elevators await repair for months.

Read this article to learn who is responsible for elevator failures and how to hold those parties responsible. Who is to blame when elevators fail and people are hurt? The building owner? The manufacturer? Read this to learn more and seek compensation for your losses.

Public Transit Accidents – Personal Injury Law

Surprisingly, Sometimes Bus Accidents aren’t Vehicle Accidents

It sounds like a set up for a joke, but “When is a bus accident not a vehicle accident” is a question Ontario’s Insurance Act addresses.
If a bus driver avoids a collision and jerks the bus to the side or stops suddenly, it’s not a vehicle accident. If a bus driver collides with a light pole or a barrier, that’s not a vehicle accident, either. Passengers usually have injuries from both incidents, but the law treats them differently than car accidents.

Sound confusing? Read this article to learn more. Accidents on, or involving a bus, streetcar, subway or train can cause personal injuries, but under Ontario Insurance laws aren’t considered an accident.

Slip and Falls | Consequences| Personal Injury

How to Navigate the Litigation Process in a Trip and Fall Case

Fortunately, trip and fall cases are seldom complex affairs. However, someone still has to be held liable and the victim may be entitled to seek claims for their pain and suffering. To do so requires a litigation process which a personal injury attorney will guide you through.

Here is the 7 step process to a slip and fall lawsuit. This article discusses the prevalence of slips and falls and the long-term health consequences that victims endure due to these accidents.

Premises Law | Liquor Consumption | Duty of Care

Does our justice system ignore guilty parties in drunk driving accidents?

In a drunk driving accident, it’s clear that the person responsible is the intoxicated person. Drunk driving is a crime and our justice system prosecutes these criminals. Accident victims also pursue the drunk driver in civil court to win compensation for their injuries. That’s just the end of the story, not the beginning. Where did the drunk driver begin his drunken evening and who else was responsible for the accident?

Read this article to find out the others who share responsibility for the accident, but who aren’t always held accountable. In alcohol-related accidents, the drunk driver is at fault, but he’s not alone. Read this article to learn how to hold others accountable, too.

Workplace Conflicts | Disability Claims | Insurance Law

How Do You Deal with Disability as a Result of Workplace Conflict?

Have you had to leave your job due to a personal injury that resulted in temporary or permanent disability? Have you considered filing a disability claim but you are unsure? Are you worried about what your employer or colleagues may think if you do file a claim?

Choosing to involve a premiere Hamilton law firm should not be a difficult decision to make.

Learn about your rights and how a Hamilton personal injury lawyer can help you navigate filing your claim and obtain the compensation and time that you need. Learn why you might need a personal injury lawyer in Hamilton to help you deal with disability claims or disability as a result of workplace conflict.

Pedestrian Accidents | Crossing at Intersections vs. Mid-block

Pedestrian Accidents: Crossing the Street Safely

Toronto had a record high number of fatal pedestrian traffic accidents in 2015 and 2016 is looking to meet or exceed that number. The Ontario Ministry of Transportation enacted new laws in January 2016 and the Toronto City Council allocated $83 million to solve the pedestrian accident problem.

Learn what experts believe are the main reasons for the rise in pedestrian deaths and injuries in the full article and learn what you can do to keep yourself and your loved ones safe. Toronto has an average of six pedestrian accidents each day. Learn more about why this problem is increasing, what’s being done about it and how to stay safe.



2 Haymarket Street
Hamilton, ON
L8N 1G7

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm
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