Posts Tagged ‘Accident Benefits Insurance Claims’

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Avoiding accidents and injuries in Ottawa: Bicycle safety information.

Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Accident Benefits Insurance Claims, Personal Injury Claims, safety on August 13th, 2009

Here in Ottawa, we are finally starting to see some sun this summer.  Ive had my children out on their bicycles quite a bit this week and thought I’d pass along some bicycle safety tips.  It doesn’t hurt to be reminded.. Enjoy the rest of this summer and be safe out there on the roads.  Do whatever you can to avoid accidents.  Sometimes, it’s the smallest things that make a difference.  Have fun !                                           -David

Protect your head: Wear a helmet

To reduce injuries, all  riders of all ages are encouraged  to use helmets. Children up to the age of 16 are required by law to wear a helmet. Studies have shown that using a bicycle helmet can reduce head injuries by up to 85%. Even if you just ride on bike paths or for a short distance, be sure to put on your helmet before you go. You don’t have to be going fast or far to risk serious head injuries.

Buy a helmet that bears a label saying it meets the Canadian Standards Association standard CAN/CSA D113.2 M89; or the American National Standards Institute (ANSI) standard Z90.40 1984; the Snell Memorial Foundation standard B 90,B 90S, N 94, or B 95; the American Society for Testing and Materials (ASTM) standard F 1447 93 or F 1447 94.

In order for a helmet to work properly, it must fit properly. Here is how to properly fit a helmet:

  • A helmet should fit snugly on the top of the head and not obstruct your field of vision. Do not buy a helmet that you want your child to grow into, it must fit properly every time they use it. Most helmets come with adjustable padding to achieve the best fit. The front of the helmet should be about two finger widths above the eyebrows.
  • The “V” part of the chin straps should fit snugly with the “V” coming together right below the earlobe.
  • You should be able to fit one finger between the chin strap and under the chin. Always wear the helmet with the chin strap firmly buckled. Make sure the chin strap fits securely and that the buckle stays fastened to provide impact protection. No combination of twisting or pulling should remove the helmet from the head or loosen the buckle on the strap.
  • The best way to test your helmet is to shake your head forward and back. The helmet should stay in place. Try another helmet size or design if simple hand pressure shifts the helmet significantly on your head.

Do not use a helmet after it has been involved in an accident. Damage to the helmet may not be visible to an untrained eye. Even very small cracks in the helmet may greatly reduce a helmet’s effectiveness in preventing injury. Either destroy the helmet and get a new one or have it inspected by the manufacturer. The manufacturer will tell you if the helmet needs to be replaced.

Children must wear a bicycle helmet at all times while riding a bicycle. Try these tips to get your child to always wear a helmet:

  • Let your child help pick out the helmet. Help your child practise putting on the helmet until he or she can buckle the straps easily.
  • Always insist your child wear the helmet. Make it a rule: no helmet, no ride. Anyone can get hurt anywhere at any time.
  • When you ride together, wear your own helmet. Your own good example can make a big difference in encouraging your child to wear one.
  • Praise your child each time he/she wears it. Begin the helmet habit with the first tricycle or bicycle. Then it will become a habit as your child grows.
  • Encourage other parents to buy helmets for their children. Making helmets common is the best way to decrease the feeling of being “different”.

Helmets today come in many colours and designs. Find one you like so you will wear it.

Visit the Bicycle Helmet Safety Institute

Today’s bicycle helmets only weigh about a half a pound and some helmets cost as little as $20. Helmets have lots of openings for air to pass through and they are not any hotter than having your head exposed to the sun while riding. Finally, with a helmet you will be more visible, and car drivers will probably respect you more and give you more room on the road because of it.

If you or a loved oned has been injured in a bicycle accident or any other type of accident,you may need help and be entitled to accident benefits you are not receiving.  David Hollingsworth is an Ottawa Lawyer who specializes in personal injury law in Ottawa and surrounding areas.  Feel free to give him a call at 613 978-9549  or email  info@ottawainjury.ca.  You can also visit his website at www.ottawainjury.ca

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Ottawa accident lawyer shares statistics on accidents..

Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Car Accidents, Ottawa Resources on July 29th, 2009

Car Accident statistics More than 1 million vehicles in Canada are involved in accidents each year.

Here are a few accident statistics from the Ontario Ministry of Transportation’s Road Safety Annual Report 2004This represents the latest data available.

  • Ontario had a population of 12,407,300, of which 8,655,597 were licensed drivers.
  • 421,870 drivers were involved in a collision (316,856 property damage only, 93,207 personal injury, 1,208 fatal collisions)
  • 136,402 people (not just drivers) were involved in personal injury collisions.
  • 799 died (433 drivers, 191 passengers, 104 pedestrians, 19 bicyclists, 47 motorcycle drivers/passengers).
  • 3,565 received major injury (admitted to hospital).
  • 29,918 received minor injury (went to hospital, treated in emergency room, but not admitted).
  • 39,525 received minimal injury (did not go to hospital when leaving the scene of the collision; includes minor abrasions, bruises, complaint of pain).
  • 4,505 pedestrians were injured and 104 were killed due to auto accident.
  • Lowest risk of accident: males and females 16 years old (at this age, individuals have a G1 license that allows them to drive only with an experience driver, often a parent).
  • Highest risk of accident: males 17 years old (6.01% had accidents) and females 18 years old (7.29% had accidents). It seems that, by this age, they are driving on their own. On their own with little experience.
  • The percentage of drivers who have a collision, based on age, generally drops lower each year after this for both females and males.
  • The good news in this report is that 2004 had the lowest number of fatalities ever recorded in the province. Ontario also had the lowest number of accidents per capita of any jurisdiction in North America.

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    If you or a loved one has been in an accidednt you may be entitled to benefits you are not receiving.  For more information visit www.ottawainjury.ca  or call David Hollingsworth, Ottawa Injury Lawyer at 613 978-9549 for a freee consultation with no obligation.

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Motocross accident – serious injuries

Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Injury and Accidents on July 6th, 2009

My thoughts are with the families of these young motor cross riders.  I have worked with families in similar situations and it is a very difficult time.

If you or a loved one has been injured in an automobile accident including a dirt bike or motor cross accident, please feel free to contact David Hollingsworth at (613) 978-9549 for a free consultation.

Spate of injuries continues at track

 

16-year-old latest casualty at motocross races

 
By Cassandra Drudi, The Ottawa CitizenJuly 6, 2009
 

 

A 16-year-old motocross racer on Sunday morning became the ninth teenage rider to be sent to hospital over the weekend after several incidents at the Sand Del Lee Raceway, on Conley Road near Richmond.

Paramedics responded at 10:15 a.m. to a call for an unconscious 16-year-old who suffered neck and back injuries after losing control of his dirt bike. When paramedics arrived, the Metcalfe-area youth had regained consciousness and was transported to the pediatric trauma centre at CHEO with non-life-threatening injuries.

He was one of about 300 competitors in the Eastern Amateur National Motocross Championships, which were held at Sand Del Lee. The two-kilometre looped dirtbike track features bumps, hills and corners.

Two paramedic crews and one superintendent responded to Sunday’s call.

In the second of two calls on Saturday, two paramedic helicopters and five paramedic units responded and transported six youths to hospital with various injuries, including broken collarbones. One patient, a boy under the age of 18, was airlifted to CHEO with pelvic and abdominal injuries.

Earlier, paramedics transported two youths with similar non-life-threatening injuries to hospital.

The concentration of injuries over two days is unusual, said John Grant, co-owner of MX101, which has operated the raceway for eight or nine years.

None of the youths were hurt in collisions, but instead were injured after losing control, some at the same time at different points on the track, he said.

“This is not a typical thing,” he said. “I’ve never seen it before.”

Still, Grant makes no bones about the fact that motocross racing carries some risk. “It’s an extreme sport. It’s not ballet. But you can get really hurt doing ballet, too.”

When injuries happen, he says, MX101 is careful to call for an ambulance as a precaution.

“We’re huge about precautions here because they’re kids,” Grant said. “If a kid falls and complains about something, we take it very seriously.”

Six advanced medical first responders hired by MX101 were on site for the duration of the championship, company medical director Brian Chisamore said.

He chalked the number of injuries up to the fact that the racers were amateurs who may not always know how to fall or take a turn properly, and because it was the first event of the season.

An ambulance is called to the raceway when a patient requests to be seen at a hospital and whenever there are serious injuries, Chisamore said. “And if we’re ever in doubt, if somebody’s complaining of a sore neck or a sore back, then we call an ambulance. We tend to over-send people (to hospital) because we can’t tell that at the race track. Nobody could without having X-rays.”

Manotick resident Sam Damm and his family were at the track over the weekend as seven-year-old Adam took part in his third year of racing. He started riding a dirt bike with training wheels when he was two years old and has not had any serious injuries, although he has cried “probably twice when he’s fallen,” Damm said.

The spate of injuries over the weekend “makes you think a little bit,” Damm said. Safety is a big concern for him, and he makes sure Adam has the best possible safety equipment. But for the Damms, motocross is less about the risks than it is about an enjoyable family sport and outing.

The high volume of calls — paramedics have been called to the raceway on 12 days since April 18 for 21 patients, 15 of whom were transported to hospital — has paramedics calling for a paramedic unit on site. They say calls to the raceway, which is about eight kilometres west of Richmond, can strain their coverage of the city.

“Weekends for us are busy, and it impacts our ability to respond to events in the rest of the community as well,” paramedic operations superintendant Steven Leu.

Gloucester-Southgate Councillor Diane Deans, who chairs the community and protective services committee, said having a paramedic on site for events “would make a lot of sense.”

Grant said he is open to all discussion about making Sand Del Lee as safe as possible for racers and their families.

source: The Ottawa Citizen

 

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Seminar on Personal Injury REACH CANADA

Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Accident Benefits Insurance Claims, Ottawa Resources on April 19th, 2009

REACH CANADA is proud to present its financial series of seminars

In these times of economic uncertainly, managing your money is more important than ever. Come and learn about making the most of what you have and saving for your future or a loved one’s future financial security.

This seminar series will be of interest to people with disabilities and their family members, community social and health service providers, lawyers who wish to be updated on these areas of law pertaining to persons with disabilities: Students, Trustees, beneficiaries, guardians, caregivers, government officials, agencies and businesses.

LOCATION: at REACH Canada, 400 Coventry Road, 3rd Floor (Enbridge Building) Ottawa

Know about the personal injury regulation. Our guest speaker,
David Hollingsworth, LL.B. (Goldberg Wiseman Stroud Hollingsworth LLP) and other speakers (to be confirmed) will explain your rights and obligations in this matter. Tuesday, April 21 2009 12:00 to 2:00 PM (light lunch will be served)

for more information visit www.ottawainjury.ca

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

Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Accident Benefits Insurance Claims, Brain Injury / Head Injury, Personal Injury Claims on April 13th, 2009

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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Review and Recommended Changes to Auto Insurance in Ontario

Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Accident Benefits Insurance Claims, Ottawa Car Accidents, Personal Injury Claims on April 3rd, 2009

 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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Accident Benefits for Accidents in Ontario, Ottawa Lawyer

Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Accident Benefits Insurance Claims, Ottawa Car Accidents, Personal Injury Claims on March 31st, 2009

The following is an outline of some of the  standard Accident Benefits coverage for Ontario and the available ‘extras’ that can be purchased. I have not listed all benefits, just the main ones.  If you would like a more detailed list of Accident Benefits e-mail me at info@ottawainjury.ca. 

Ontario Income Replacement benefits
If you become disabled as the result of an automobile accident, you may be eligible for weekly income replacement benefits of up to $400. You can also buy optional income replacement benefits to increase your maximum weekly protection to $600, $800 or $1,000.

Ontario Non-earner benefits

If you do not qualify for Income Replacement benefits or Caregiver benefits, your standard Accident Benefits coverage can be avaialble to you if you are eligible to receive a weekly payment of $185 every two weeks. This benefit is only available to accident victims unable to carry on with everyday activities.

Ontario Caregiver benefit
If you provide full-time care to dependants, and are disabled as the result of an Ontario car accident, this coverage ca help you. The standard maximum amount for caregiver benefits is $250 per week for one dependant, plus $50 per week for each additional dependant. With optional caregiver benefits, the coverage increases to $325 per week for one dependant, plus $75 per week for each additional dependant.

Ontario Dependent Care benefits

Although not a part of the standard Accidents Benefits coverage, you can buy Dependent Care benefits. If you have young children, this option is worth considering. You can claim for optional dependant care benefits if you’re employed at the time of the accident, and you have to pay for childcare expenses as a result of the accident. Optional dependant care benefits cover up to $75 per week for the first dependant and $25 for each additional dependant.

 Ontario Medical and Rehabilitation benefits
The standard maximum amount for medical and rehabilitation expenses is $100,000. If you suffer a catastrophic injury, the maximum is $1,000,000. Optional additional Medical and Rehabilitation benefits are available for maximums up to $1,100,000 and up to $2,000,000 for non-catastrophic and catastrophic injuries respectively.

Ontario Attendant Care benefits
If you need to hire someone to help you as a direct result of personal injuries from your accident, this portion of the benefits coverage could help. The standard maximum for attendant care is $72,000 and if you are catastrophically injured, the maximum is $1,000,000. You can buy optional benefits to cover up to $1,072,000 in additional attendant care expenses if the injuries are considered non-catastrophic, and up to $2,000,000 for personal injuries that are catastrophic.

Ontario Death and Funeral benefits

 If you die as a result of a motor vehicle accident, the standard amount which will be paid is $25,000 to your eligible spouse, $10,000 for each dependant, and a maximum of $6,000 for funeral expenses. You can increase these amounts to $50,000 to your eligible spouse, $20,000 for each dependant, and $8,000 for funeral expenses.

For more information, visit www.ottawainjury.ca

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What is David up to these days ?

Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Resources on February 27th, 2009

David is….supporting the Canadian Paraplegic Association at the Champagne Charity Auction

March 4, 2009- at the Canadian War Museum, Ottawa

All proceeds will benefit CPA Ontario and its vital work to help people with spinal cord injuries and other

physical disabilities lead full and productive lives in our community.

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David is… keeping up to date on all of the latest information with the Ontario Trial Lawyers Association professional development seminars.

Accident Benefits Files & Tort Discoveries

Mar 06, 2009 at OBA Conference Centre, Toronto

This program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certification.

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David is….playing in the Charity Law Classic Hockey Tournament run by the American and Canadian Spinal Research Organizations.

Mar 04, 2009 Westwood Arena, Toronto

Shoot For A Cure Hockey seeks to raise funds for spinal cord research, to raise awareness of spinal cord injuries in hockey and to promote prevention of hockey-related spinal cord injuries through the Play it Cool ™ prevention program.  Since the induction of Shoot For A Cure over $2,000,000 dollars have been raised to further research and development for continued commitment of our ultimate goal to find a cure and prevent future injury.

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David is….voluntering with a local elementary school to deliver the Mock Trial Program through the Ontario Bar Association.

March-April 2009, Jack Donohue PS, Kanata

David will attend the classroom and provide the students with an overview of the Canadian Criminal Justice System, introduce the fact scenario for the mock trial, and then ‘walk through’ the various duties of the jurors, the witnesses and the lawyers. 

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David is….volunteering at and supporting the “Run for REACH”

April 26, 2009, Ottawa City Hall  

Reach Canada is a non-profit organisation which provides lawyer referral services and on-going educational programs to people with disabilities (physical, psychiatric, invisible such as Heart disease, Cancer, Colitis), their family members, law students and social/health service providers.

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