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Ontario Personal Injury Lawsuits and Statutes of Limitations
by: Brent Meadows
The Supreme Court of Canada has denied leave to the Lombard General Insurance Company in a case involving the determination of the limitation period with respect to OPCF 44R claims.
OPCF 44R Family Protection Coverage is an optional endorsement to the standard Ontario automobile insurance policy in Ontario. It provides protection to the named insured and her/his spouse or dependant relative in the event that they are faced with a situation where there is an insufficient amount of insurance proceeds to compensate for injuries sustained as a result of a motor vehicle accident. A shortfall in insurance proceeds typically occurs when someone is catastrophically injured and the policy limit amount is insufficient to fully compensate the injured party. Other scenarios that give rise to a situation where there is an insufficient amount of proceeds occur when the other driver is uninsured, or where the driver of another vehicle flees the accident and their identity is unknown to the injured party making the claim (ie. a ‘hit and run’ scenario).
Ontario Court of Appeal and limitation periods
Earlier this year the Ontario Court of Appeal in Schmitz v Lombard released its decision on the issue of when the limitation period begins to run for claims under the underinsured motorist coverage provided by the OPCF 44R. The limitation period is the period of time that a person may commence a legal proceeding. Ordinarily, under the Limitations Act, 2002 the limitation period is two years from the date of the accident. Once the limitation period expires a person is statute barred and can no longer pursue their claim. The OPCF 44R does however create a limitation period of 12 months and it is very important to recognize when the limitation ‘clock’ begins to run.
Lombard in its statement of defence pleaded that the plaintiff commenced the claim after the expiry of the OPCF 44R’s 12 month limitation period. The parties brought a Rule 21 motion for the determination of the limitation issue. The Court of Appeal held that the OPCF 44R’s 12 month limitation period begins to run the day after the demand for indemnity was made. Lombard sought leave to appeal the decision to the Supreme Court of Canada but was denied this month.
It is crucial that you and/or counsel understand when the OPCF 44R limitation ‘clock’ begins to run. Getting this wrong might be fatal to your claim. If you have been seriously injured in an accident and the other driver is uninsured, has minimum policy limits, or their identity is unknown it is very important to recognize any limitation issue that might arise. If you are unsure , we recommend you contact an Ottawa personal injury lawyer . Our lawyers are happy to offer you free advice. Consult any of our lawyers and we would be happy to assist. Email email@example.com and we can help.
Ottawa personal injury cases and compensation amounts.
Compensation for Soft Tissue Injury
We often have people call us and wonder whether or not they have “a case” . Thankfully not all accidents result in serious and permanent injuries. We recently helped a man who was in a scooter accident. His injuries were not permanent but were very real. Did he have a case and how much was his case worth? Our client was unsure of whether or not to start a lawsuit. He was told his injuries would heal and wasn’t sure if going through with a personal injury lawsuit was for him or not. He did the right thing by contacting us and we walked him through his options. At the end of the day, he decided to start a lawsuit and hoped it would be a lawsuit that did not drag out too long. While every case is different, as all personal injuries and all individuals are different, there are often similarities that run throughout similar cases.
Our client was on his scooter when he was rear ended while stopped at a red light in Ottawa. He suffered scrapes, soft tissue bruising, fractured right toe and uncomplicated injury to his pelvis. He received physiotherapy treatments for approximately 6 months after which he was discharged. He expressed his concerns about a through prolonged litigation process and we were confident his case was straight forward enough, that our Ottawa personal injury lawyers could resolve it quickly , without any time in court. And we did. Denis Alisic, one of our top Ottawa personal injury lawyers was able to bring our client’s personal injury case to a quick resolution and fulfill his wishes.
Injuries Resulting From A Scooter Accident:
As a result of this scooter accident in Ottawa, our client suffered a broken toe and uncomplicated injury to the pelvis, which thankfully healed well and quickly.
Compensation For Pelvic Injury:
After tough negotiations, we were able to get the insurance company to quickly settle without anyone having to go to court. Our accident lawyers were able to help our client get the supports and services he needed throughout his recovery, as well as $40,000 for any future needs, should they arise.
Our Personal Injury Lawyers Can Help You:
Our team of dedicated Ontario injury lawyers are available by telephone, email , text or visit should you have a question, we would be happy to provide you with free personal injury legal advice and help you and your family understand what options are available. You do have options. Whether you decide to start a personal injury lawsuit or not, it’s best you know your options and make an informed decision. You have been through enough, let our Ottawa injury team help. For more information that relates to soft tissue injuries and compensation , please visit www.ottawainjury.ca/orthopaedic-injury-broken-bones/ or www.ottawainjury.ca/soft-tissue-injury
Listen to what this client had to say:
“Thank you so much for your good service. I will be sure to recommend you when the need arises”
-PL , Ottawa Ontario
How important is the job of an Ottawa personal injury lawyer ?
Our Ottawa personal injury lawyers are proud of how we help others. We know how important our job is . We help change lives for the better. When we meet with someone, we listen and we put a plan in place. No two plans seem to be identical, as each individual and accident is somewhat unique. What’s important is that we tailor a plan specific for what our clients need. In most cases, the very first thing needed is support. Usually this involves us setting our clients up with a team of specialists who can diagnose needs and provide our personal injury clients with much-needed support. We work closely with top specialists such as psychiatrists, physicians, social workers, surgeons, physiatrists, physiotherapists, psychologists, therapists and rehabilitation teams. Our Ottawa personal injury lawyers ensure that we are helping in every way we can. What’s most important is our clients’ recovery and ensuring that moving forward they are properly compensated for their injuries.
We are more than just lawyers
Our Ottawa personal injury lawyers are more than just lawyers. We understand the tough times our clients are facing and we strive to ease the pain and financial burden as much as possible. Our clients treat as like family. Throughout a typical personal injury lawsuit, people get to know their lawyers very well, as there are many meetings, texts, emails and phone calls. These relationships are important to us and always help us determine what is best for our clients. When you are injured, it is important that you have a strong advocate. We advocate for our clients, well beyond a personal injury case.
Listen to what our clients say about our Ottawa personal injury lawyers
Here are some of the things we’ve heard lately from our personal injury clients:
“I would like to say thank you ! You have an incredible team of professionals working along your side who provided help, support and advise when I needed it the most”. CC
” Thanks again ! Your support is greatly appreciated…..We had a great talk which was very helpful and I think I have you to thank ….They’ve been unbelievably caring and kind” RL
” Thank you very much for advocating on my behalf…I have come to appreciate the amazing work you and your colleagues do to help people during a very vulnerable time in their lives”. GC
We’ve helped them and our Ottawa personal injury lawyers can help you and your family. Contact us for a free consultation.
What is an OCF 6 Form ?
The importance of properly filling out the OCF 6 form when applying for Ontario Accident Benefits.
If you have been injured in a motor vehicle accident in Ontario, chances are you will need support and compensation. This support and compensation comes from insurance. Ontario Accident Benefits can also cover many expenses, supports and treatments. Ontario Accident Benefits can also cover lost wages. There is a section under Ontario Accident Benefits that are considered to “Other Expenses”. To apply for compensation for these benefits, you must complete and a detailed OCF-6 form, otherwise known as an “Expenses Claim Form”.
It’s important you try as best as possible to properly and completely fill out this form. If in doubt, consult with an experienced personal injury lawyer. At our firm, we have staff dedicated to filling out Ontario Accident Benefits Forms and can help.
Take your time filling out an OCF 6 Form
It’s important to really take your time when filling an OCF-6 Accident Benefits form. Keep a close track of lost income and other financial losses. When filing an OCF-6 Accident Benefits form remember that insurance companies are going to ask for proof. You will be required to show proof of your losses in the form of original bills and receipts. It’s important you ask for a receipt for everything you are going to claim under your insurance policy. It’s also a good idea to keep a copy of all your receipts, bills and documents and keep a copy for your records.
Know to ask for an OCF 6 Form
The OCF 6 form is not included in a“basic” Accident Benefits Application Package. Obtaining an Accident Benefits package is simple. Once you contact your insurance company, they will send you a package in the mail and you must complete it and send back within a timely manner. Be sure to ask for an OCF 6 Form as well if you have incurred other expenses. Alternatively you can download OCF Forms here.
Other Expenses refers to additional expenses that are deemed “reasonable and necessary.” These expenses must be directly related to your accident. It’s important to be honest. Falsifying an Accident Benefits application is a serious offense under the Ontario Insurance Act. No one wins with insurance fraud. There may be some expenses that are covered in other sections of your Ontario Accident Benefits. Even if an expense is covered under another benefit or insurance policy and you aren’t sure whether or not to submit it, consult your personal injury lawyer or include it and let the insurance adjuster will look at it and determine what is covered
Examples of other expenses that may be covered on an OCF 6 Form:
“Other Expenses” may include a variety of expenses as long as they are directly related to your accident. For example, typical expenses that are often included on an OCF 6 form include:
- Visitors’ travel expenses such as hotels, taxis, parking, flights
- Housekeeping and home maintenance costs. This is an optional benefit that you have hopefully purchased
- Caregiver benefit: Another optional benefit which you have hopefully opted for and purchased
- Lost, damaged clothing and personal items such as eyeglasses, hearing aids, dentures and so on
- Prescriptions, ambulance bills and personal belongings
- Assistive devices such as walkers, crutches, prostheses and wheelchairs
- Lost educational expenses such as tuition, fees
We have a team of lawyers and Accident Benefits specialists dedicated to helping you with your Accident Benefits. We can help you complete your OCF 6 forms and help you by ensuring your application is complete. There are many expenses that are covered that most people do not know about. We do.
Let us help you with your OCF 6 Form
If you would like help with your OCF 6 Form, contact one of our personal injury lawyers or accident benefits specialists free of charge and we can help you.