Winter Driving: Our injury lawyers share what they think you need to know.

Our Ottawa injury lawyers want to share some of our best winter driving tipswinter driving safety

As we head into the weekend, many of you will be on the roads. Winter is upon us and with it comes some challenging driving conditions. Now is the time to make sure that your vehicle is in top condition for winter driving. Getting ready is only half the battle. Winter conditions also require a refresher in driving safety. Snow and ice need to be taken seriously. Going the extra mile by getting your vehicle ready for winter and learning what it takes to drive safely through ice and snow could be a lifesaver.

First things first… Do you have your snow tires on ? If not, do it now ! It’s safer and your insurance company likely offers you a discount. If you can buy snow tires, please do.

 

Check your tires

Low air pressure and worn tires are a dangerous combination on wet or slick roads. No traction means no control. Make sure that your tires are properly inflated and that your treads are deep. You may also consider an investment in snow tires.

Replace or Refill All Fluids

* Coolant—Make sure your antifreeze levels are correct to prevent freezing in your radiator.

* Oil—Time for an oil change? Keep your levels topped up all season long.

* Wiper fluid—Change to winter wiper fluid to keep your wipers from freezing and keep your vision clear.

Cold Weather & Battery Capacity

It isn’t only your engine that if affected by the cold. Your battery capacity is reduced by the cold weather too. A thorough inspection of your battery, cables, terminals, and fluid will help you make sure your car is ready for the winter.

Pack an Emergency Kit

Keeping a safety kit in your car all year is a good idea. Things like road flares, a jack, a lug wrench, and a first aid kit should be at hand no matter what. It’s also a good idea to update this kit with seasonal items that can keep you warm and prepared for winter’s worst.

Items to include in your winter safety kit include:

* Flashlight

* Blanket, leather gloves, and hat

* Bag of kitty litter or sand

* Ice scraper and brush

* Small shovel

* Safe and leak-proof container of coolant

* Snacks

Our Ottawa injury team wishes  you a safe and fun filled weekend. Drive safely.


Ontario Court of Appeal : Even if your phone is off, it is still illegal to hold a phone while driving.

Ottawa Injury Lawyers David Hollingsworth. We understand, we care and we’re here to help.

CBC news reported that the Ontario’s Court of Appeal has determined that it is indeed illegal to hold a cellphone when driving. The decision was released on Friday in 2 cases where 2 people were convicted under the Highway Traffic Act for violating the ban on using cellphones when driving. One case involved a woman who argued that she wasn’t using the phone but merely picking her phone up off the floor after it had fallen.  She was stopped at a red light when doing so and a police officer noticed her with a phone in her hand.

Originally, the charges were dismissed when a judge decided that there needed to be some “sustained physical holding”  to convict of these charges; however, the Appeal Court overturned that decision.

In another related case, a driver was caught driving and holding a cellphone but argued that it couldn’t be proven that the phone was sending or receiving at the time. The Ontario Court of Appeal did not see it that way and determined that holding a mobile phone is an offence under the law because ” the language in the law requiring a capability of sending or receiving applies only to devices other than cellphones , because cellphones have that capability automatically built-in.

It was reported on cbc.ca that Transportation Minister Jim Bradley said that the goal of Ontario legislature is to make sure that drivers focus “on one thing and one thing only: driving,”

The Court of Appeal went on to state that having a complete ban on holding a cell phone while driving “best focuses a driver’s undivided attention on driving.”

Despite distracted driving campaigns and police enforcement, according to the Transport Canada’s National Collision Database for the years 2006 to 2010,  fatal accidents where distracted driving is noted as a cause have gone up by 17 % in Canada from 302 deaths to 352. Having a complete ban on holding a cellphone while driving may remove temptations for some to “quickly” check something and lose their driving focus.  I believe the The Court of Appeal’s decision is aiming to eliminate any grey areas and hopefully the end result will be safer roads and fewer accidents related to distracted driving.

For several years, distracted driving has surpassed impaired driving as one of the top causes of accidents in Ontario.  While many point to teenage drivers as being people that drive distracted, it is a problem across the ages.  Although cellphones are a huge problem when it comes to distracted driving, there are also many other distractions out there such as children in the back seat, eating, animals in the car, putting on make-up etc…

We all need to use common sense and keep our focus on what we are doing; whether that be driving or walking. The stakes are too high and the statistics don’t lie.  Please, put your phone away and keep your eyes on the road !

 


We love hearing from our Ottawa injury clients.

Happy with our injury lawyers? Please let us know !

We received another great email today from a client who came to us close to 2 years ago after she had suffered a serious back injury in an accident.  We began working with her and her family soon after her accident and were able to secure them a great settlement that allowed them to continue on with life much more financially comfortable and start rebuilding a life with a serious back injury. Not only do we help secure her financial future, we were able to get her in to see some of Ottawa’s top back specialists. We also helped them set up for the future with a plan that would make sure they were well taken care of.  This client is just one of many clients we help each month. Here is what she had to say.

“I just wanted to say thanks again.  My husband and I sat down last night and for the first time felt like it was finally over and that is thanks to you and your staff.  We really appreciated everything you did for us David and know how hard you worked to get it for us. We thank you from the bottom of our hearts.  “

Our success as personal injury lawyers

As Ottawa personal injury lawyers, we are also very thankful that we are in a position to help.  Our success rate speaks for itself and we pride ourselves on how hard we work and how experienced we are. We know how to make a difference for each and every one of our clients.

Our Ottawa personal injury lawyers are experienced and dedicated accident lawyers specializing in Ontario personal injury, accidents and insurance claims.  Since 1999, we have built one of the top Ottawa personal injury lawyer teams.

 


Ottawa Personal Injury Lawyer : Ottawa pedestrian accident King Edward and Daly results in head injury and shoulder injury.

Ottawa Pedestrian Accident

Ottawa Personal Injury Lawyer David Hollingsworth. An Ottawa accident has left a woman in an Ottawa  hospital yesterday afternoon after she was hit by a car on King Edward street, close to Daly. The driver immediately tried to help the pedestrian. She was rushed to a nearby Ottawa hospital and treated for a head injury and shoulder injury. I wish her a full recovery.

This is a very busy intersection in Ottawa and not the first accident we have reported on at this location. This is also a high pedestrian traffic area.  It’s obvious as to why but a high percentage of pedestrian accidents result in serious long-term injuries, catastrophic injuries and sometimes wrongful death. Most pedestrians are unaware of the accidents benefits they are entitled should they be injured in an accident. Accident Benefits that a pedestrian may be entitled to are income replacement benefits, attendant care benefits, non-earner benefits, caregiver benefits, visitors’ expenses, medical and rehabilitation benefits that are not covered by the Ontario Health Insurance Plan (OHIP), as well as  housekeeping and home maintenance benefits

Because many pedestrians don’t own vehicles, they  are unaware of all the accident benefits that are available to themselves and possibly their family members. Along with an accident benefits claim, pedestrians can also commence a tort claim against the driver who hit them. In Ontario, pedestrians can file both lawsuits at the same time.

Accident Benefits Claims for pedestrian accidents

Many pedestrians are unaware of their rights when it comes to insurance and accident claims. If a pedestrian has their own insurance, they can file for accident benefits through their own insurance company. If a pedestrian does not have their own insurance, pedestrians can claim compensation from the automobile insurance company of the driver that hit them. If it is discovered that the driver does not have insurance, an injured pedestrian can make a claim through the Motor Vehicle Accident Claims (MVAC) Fund.

Pedestrian Accidents and Suing the at-Fault driver

Pedestrians can also sue the at-fault driver for compensation and must notify the insurance company of the driver within 120 days from date of accident and the lawsuit must be filed within two years of the accident.

Experienced personal injury lawyer can help walk through all the options you have after a pedestrian accident.

 


Ontario Accident Benefits Forms Disability Certificate OCF-3 , Ontario Insurance Claims Forms

What is an OCF-3 Disability Certificate?

If you have been injured in an accident in Ontario, you will likely need medical help and you may even need legal help.  Your insurance company is often one of the first calls that get made.  Typically, your insurance company will start your claim by sending you a package to complete.  In this package, you will be required to fill out many detailed forms. These forms are extremely important and often are of great importance when it comes time to settling your case.  That is why it is so important to make sure they are filled out correctly. Insurance companies can deny a claim if there is misleading information on the forms.

OCF 3: Disability Certificate

One of the first forms to fill out is the OCF 3; otherwise known as the Disability Certificate  OCF-3. The OCF-3 Disability form needs to filled out by you and your health practitioner (this could be your chiropractor, dentist, occupational therapist, nurse practitioner, optometrist, physician, physiotherapist, occupational therapist, psychologist or speech language pathologist). Your insurance company  will pay for the completed OCF-3. There is no expense charged to you.

Ottawa Insurance Claims Lawyer

If you or a loved has been injured in an Ontario car  accident and you are  applying for Accident Benefits, you must fill out a Disability Certificate. Your doctor will need to fill out a Disability Certificate  OCF-3 from your insurance company. The OCF-3 Disability Certificate form can be found at the  Financial Services Commission of Ontario site. The manner in which this is filled out is extremely important. It is important to be completely honest with your doctor and have your doctor fill out the form in as much detail as possible. It’s important to include all personal injuries on the form, including psychological injuries, any mental injuries, emotional injuries etc.. Be as detailed as possible.  The last thing you want is to be suffering from an injury down the road and have the insurance company deny your claim because you didn’t give all the information at the time of the accident. You may need therapy later on and not know it at the time of your injury. Somethings to keep in mind…

Have you been previously injured in an accident? Do you suffer from pre-existing conditions ? Some pre-existing conditions could affect the outcome of your claim. Your doctor needs to be extremely thorough. What other injuries does your doctor suspect go along with your injury? Do you get headaches? Are you having trouble with bright lights, loud noises? Are there  neurological injuries? Areyou having concentration difficulties? Do you feel pain anywhere else? This all needs to be documented on your Disability Certificate  OCF-3 form.

Where an Ontario Injury Lawyer can help with a Disability Certificate  OCF-3 form. 

Some of the OCF-3 Disability Certificate is fairly standard. You need to complete  your name, date of birth, gender, address, and employment status.

Another section of the Disability Certificate OCF-3 requires you fill out all insurance information. If you were a pedestrian at the time of the car accident,  you are required to fill out the insurance information of the other driver that hit you. This information can also be found on the Police Report. If  neither drivers or accident victims have insurance there is a special fund set up by the government called  Motor Vehicle Accident Claims Fund. It is difficult tobe considered for this fund and it would be best if you ge the help of an Ontario injury lawyer when making a claim to the Motor Vehicle Accident Claims Fund.

The most difficult section of  the Disability Certificate OCF-3  is the third section . It is in this section that accident victims must fill out the details of the car accident and indicate what personal injuries resulted from the accident. You need to make sure that all the information provided in this section is the same information given in your police report. Take your time and fill it out careful.  It is always best to consult with your Ontario injury lawyer to make sure you do not write anything that might jeopardize your case.

The next section of the Disability Certificate OCF-3 form is the section that requires you to enlist the help of your family doctor, surgeons, therapists, physiotherapist, psychologist, speech language pathologist, or any other health care professional listed on the form OCF-3.  Not only do they need to identify your injuries, they also need to give an opinion on your recovery status.  Your health professionals must decide if you are capable to return to work and day in/day out activities. This is particularly challenging as often only time will tell in these situations.

Filing out complex insurance forms can be very difficult and stressful.  It shouldn’t be ! You are already dealing with enough. As some of the most dedicated Ottawa personal injury lawyers, we  help all of our personal injury clients fill out these forms correctly, so as not to jeopardize anything .  There is far too much at risk and we want to help.  We can help.If you have a question,or would simply just like some help filling out your Disability Certificate OCF-3, we would be happy to help. We won’t charge you. These are forms we fill out every day and it is far easier for us to do, than for you to do.  Let us help you and you can focus on your recovery. Feel free to call us at (613) 978-9549 or email david@ottawainjury.ca


Steps Ontario personal injury lawsuits :What is an examination for discovery ?

Ottawa Ontario Personal Injury Lawyer David Hollingsworth www.ottawainjury.ca  Steps of an Ontario Personal Injury Lawsuit : Examination for Discovery

What is an Examination for Discovery in an Ontario personal injury lawsuit?    An examination for discovery is a very important step of an Ontario personal injury lawsuit.  It allows for questions to be asked under oath. It also allows both sides to share documents that relate to the Ontario personal injury lawsuit. All parties in an Ontario law suit have an obligation to list and give copies of all documents that are relevant to the Ontario personal injury law suit in a sworn affidavit. This is often the time when additional evidence will surface. This is also the stage in an Ontario personal injury lawsuit when the insurance company will be able to ask the accident victim questions.  Not to worry, your Ontario personal injury lawyer will be there to ensure that all the questions being asked are fair. Your Ontario personal injury lawyer will also prepare you for an examination for discovery ahead of time so you know what to expect. A court reporter will also be present to record the examination for discovery.

Sometimes in an examination for discovery, a question may be asked and the witness does not know the answer. Often times the Ontario personal injury lawyer and the lawyer for the insurance company will agree that the question can be answered later in writing as an undertaking.  Your Ontario personal injury lawyer will help prepare the undertaking and assist you in answering any undertakings.

An examination for discovery often “gets all the cards out on the table”.  The examination for discovery gives both sides a clear picture of all the facts in the Ontario personal injury law suit and allows for better communication and better chances of settling the Ontario personal injury lawsuit before it goes to court.

If you have any questions at all about your Ontario accident or your Ontario personal injury lawsuit, fell free to contact us.

—-The Ottawa Injury Lawyer Blog is written regularly by Ottawa Ontario personal injury lawyer David Hollingsworth. The Ottawa Injury Lawyer Blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit  www.ottawainjury.ca for more information. If you have a subject  you would like to know about or  if you have a question,  please call or email me: david@ottawainjury.ca (613) 978-9549

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steps Ontario personal injury lawuits, examination for discovery


Ottawa personal injury lawyers who can help with support and maximum compensation for injury.

Ottawa Personal Injury Lawyer David Hollingsworth…Since 1999, our experienced personal injury lawyers  at www.ottawainjury.ca have helped thousands of Ontario accident victims and their families get the support and compensation they need after an accident. Our Ottawa personal injury lawyers bring an exceptional legal team that is dedicated to our clients.  We are constantly being recommended by past clients. We work extremely hard to ensure that we are doing everything we can to help.  We understand how difficult your life is after an accident.  We meet daily with people whose lives have been affected by tragedy,so we know that there are many things we can do to help you.  You should not even be thinking about things like bills and compensation.  You should be thinking about your recovery, your family and yourself.  We are here to listen, to understand, to fight for you and to get our Ontario personal injury clients everything you need. We have a long list of past clients who would be happy to speak with you and tell you what we were able to do for them.   If you or a loved one has suffered serious personal injury accident, we want to help you and give you the help and support you need. We work on contingency; which means you do not need to pay us at all until you have received your settlement cheque. We know you are going through a lot and we are sorry.  Let us help you….