Archive for April, 2009

Whitewater teen dies in car accident, Ottawa Accident Attorneys

My thoughts and sympathies are with the Lacroix family and friends at this time.  I am truly sorry for your loss…   -David Hollingsworth

OTTAWA — A 19-year-old Whitewater Region Township man was struck and killed by a vehicle shortly after midnight Sunday, Upper Ottawa Valley OPP said.  Police said Gordon McPherson, 19, of Whitewater Region Township was trying to move his parked vehicle on Lapasse Road, north of Beachburg, when it struck John Lacroix. Lacroix was taken to Pembroke Regional Hospital, where he was pronounced dead, police said. An investigation continues.

 

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Personal Injury Claims- How much is Pain and Suffering worth ?

Ontario Personal Injury Claims:Pain and suffering Compensation. How Much Is My “Pain and Suffering” Worth?

One of the challenges that I face as an Ontario personal injury lawyer  in Ottawa is explaining to people who have been seriously injured how much pain and suffering compensation they are entitled to. Each and every case is different. Calculating how much compensation an Ontario accident victim should receive for pain and suffering is also very challenging.

What is Pain and Suffering ? Compensation that lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.

How Do Courts Calculate “Pain and Suffering”? Unfortunately, there is no specific answer for calculating pain and suffering. Each case is very unique. What a judge does when determining compensation for pain and suffering is evaluate how the personal injury has affected the victim’s ability to function in everyday life and how the injury has effected the person’s enjoyment of life. From there compensation is calculated.

In other words, how have your injuries affected your normal day to day activities;  ability to work; and your normal amenities of life? Your personal relationships ? How do your injuries affect the way you interact with your friends and family? Your co-workers ?

Maximum Award compensation for Pain and Suffering.  The Supreme Court of Canada has placed a limit on the amount of compensation that accident victims are entitled to receive for non-pecuniary damages for pain and suffering.To date, the maximum compensation for pain and suffering  is slightly more than $300,000.00.  The maximum amount is only paid to the most catastrophically injured victims (quadriplegic, paraplegic,  brain injury etc..) .

If you are considering a claim for compensation for pain and suffering and live in Ontario, it is important to have an experienced Ontario personal injury lawyer assisting you collect all the necessary information you need to make a detailed claim. Which will in turn,  help assess your damages claim for pain and suffering. The best Ontario personal injury lawyers can help ensure you prepare your case properly, in a manner that will show the courts the amount of pain and suffering you are living with and the need for maximum compensation for you not only today but for the rest of your life.

I have been representing victims of serious personal injuries for over 10  years, helping injured victims get maximum compensation for their personal injuries.

Contact me for a free consultation.  Home and hospital visits.  Contact  www.ottawainjury.ca

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Fewer accidents = Fatalities down for the first three months of the year.

The following information was found in the Ottawa Citizen.  There has been a significant decline in the number of serious collisions and fatalities on highways the Ontario Provincial Police (OPP) patrol during the first three months of 2009, OPP Commissioner Julian Fantino, said today.

A 5.5 percent decrease in the number of fatal collisions on OPP- patrolled highways from January to March of 2009 compared to the same period in 2008 resulted in 12 fewer deaths. In 2008, 322 people were killed on roads the OPP patrolled, down from 451 in 2007, a 29 per cent decline.

“We are making progress, and it seems the message is getting through to motorists,” Fantino said. “But we still have a long way to go. Unfortunately, the main causes of the serious collisions and fatalities are still speed, alcohol and people not wearing seatbelts. The good news is that alcohol-related fatalities are down from ten in the first three months of 2008 to just one so far this year. Speed-related fatalities in the same period are down from 24 a year ago to 17 this year.”

Under section 172 of the Highway Traffic Act, motorists who drive 50 kilometres or more over the posted limit or perform stunts have their vehicles impounded and their driver’s licence suspended for seven days on the spot.

Police have charged 11,437 motorists under the section since the law was enacted in September of 2007. Of that total, the OPP have laid 8,580 of the charges.

Even though the seatbelt laws have been in effect for more than 30 years, some people are still not buckling up. So far this year there have been 11 fatalities attributed to seatbelt non-compliance compared to 19 over the same period in 2008.

The OPP attribute the decrease in the number of crashes to the effective enforcement of new legislation, introduction of speed limiters on commercial vehicles, increased OPP visibility on highways and increased media attention.

These factors are part of a comprehensive Provincial Traffic Safety Program initiated by the OPP in 2007.

“We will continue to be vigilant and use all the tools available to us in our effort to keep the roads we patrol safe for all motorists,” said OPP Chief Superintendent Bill Grodzinski, Commander of the Highway Safety Division (HSD). “The OPP makes traffic safety a key priority for all officers, whether they are on traffic patrol or not. Our goal is ensure the number of serious collisions and fatalities continue to decline throughout the rest of the year.”

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Eganville Car Accident, 18 year old man dead.

Eganville Car Accident -My sympathy goes out to the friends and family of Joseph Daniel Boyd.  It is so sad to hear of such a young person dying. Ottawa Accident Lawyer — Regrettably, an 18-year-old man is dead after a car accident southwest of Eganville. At around 4:50 p.m., the driver lost control of his  vehicle in the Raglan Township according to the Ontario Provincial Police. The car left the road and hit a tree before rolling over, and landed partially submerged in water. The result, sadly was the young death of Joseph  Boyd, 18. He died from his personal injuries. The accident  is under investigation, and police said they are considering alcohol as a factor. What a sad and traggic accident.

Source: The Ottawa Citizen

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Review and Recommended Changes to Auto Insurance in Ontario

 Among a number of significant changes to the current Ontario accident benefits regime , the Financial Services Commission of Ontario is considering the following changes to the tort regime (suing the at fault driver) in Ontario which would provide greater access and a more equitable and fair system of compensation and rehabilitation for victims of motor vehicle accidents:

Release of 5 Year Review of Auto Insurance by FSCO

  The 5 year review of auto insurance in Ontario was released today by the Superintendent of FSCO.  The report contains 39 recommendations for auto insurance reform with a focus on achieving savings from accident benefits. From my perspective , they are very serious recommendations that severely impact Ontario drivers.

 Some of the suggestions include:

 1.     A  reduction on the deductible on non-pecuniary general damages from $30,000 to $20,000;

 2.     A  reduction on the deductible on Family Law Act claims from $15,000 to $10,000:

 3.     Eliminating a $15,000 deductible for fatal accident claims,

 4.  Revoking the regulation defining the Verbal Threshold.

My personal injury team and I will continue to watch closely the changes, development and  implementation of Ontario’s  proposed changes and work to ensure justice for accident victims’ to receive fair compensation for their losses and suffering.

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Boating Accident in Ottawa Area

Ottawa Area Boating Accident–Lawyer David Hollingsworth ..The search continues at the confluence of the Jock and Rideau Rivers for a missing Ottawa man involved in a  boat accident on the Jock River.
The missing man is believed to be in his mid-20s. The search of the Rideau and Jock rivers ended at around 9:30 p.m. and is to resume Friday morning at 8 a.m. A 25-year-old man who was also in the boat when it capsized made it to shore on his own. He was treated in hospital for severe hypothermia and later released. The boat accident happened just after noon. About 10 emergency workers searched  the river banks of the Jock River for the missing man. The small, capsized fishing boat was spotted in the rapids on the Jock River along Bren-Maur Road. It’s believed the boat possibly capsized when it hit some rapids. It’s unknown if the two boaters were wearing life-jackets.  The man who made it to shore tried to help his friend, but sadly…was unable to.
Source The Ottawa Citizen

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Ottawa School Bus Accident results in Pedestrian Fatality

Ottawa School bus accident, pedestrian accident— The Ottawa Citizen reported that a 45-year-old woman has been charged in connection with a terrible Ottawa accident that resulted in death, involving a school bus that sadly, killed a pedestrian last Thursday. Sharron Brazeau of Ottawa was charged with failing to yield to a pedestrian under the Highway Traffic Act of Ontario . Tragically, Richard Beaupre, 50, was struck at the intersection of Russell Road and Haig Drive on March 26 while crossing an intersection. He did not die at the scene of the accident. He was left in critical condition with severe head injuries and later died in an hospital. His family donated his organs. My thoughts go out to his friends and family…

 Source: The Ottawa Citizen

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