Posts Tagged ‘DAvid Hollingsworth ottawa lawyer’

Ottawa Frost Bite Warning In Effect: Be careful on slippery Ottawa roads and sidewalks: Ottawa lawyer David Hollingsworth

The freezing rain and snow have finally stopped and now a deep cold is setting in throughout Ottawa and eastern Ontario.  Ottawa, Gatineau, Brockville, Cornwall and Smiths Falls were under a snowfall warning until late afternoon, with 15 centimetres or more expected throughout the day. A freezing rain warning was lifted that morning. There were over 60 Ottawa accidents yesterday and reports indicate that some Ottawa accident victims suffered minor injuries.  Police believe that this was due to the fact that Ottawa drivers were slowing down and driving cautiously.  Well done !  Not all accidents can be avoided but this just goes to show that if all drivers out there are driving very carefully we can reduce the number of Ottawa accidents that result in serious personal injury.  To all of you out there who took a little extra time to get to your destination, or drove a little more defensively, congratulations , you did a great job. 

That being said, you job is not done.  There is a frost bite warning in effect in Ottawa. Dropping temperatures and increasing winds today will give us  a -28 C wind chill. This cold cold weather looks like it’s here to stay for the day and will be as lows hit -22 C this evening. Once you add  in the windchill factor and we’re looking at -27 C , according to Environment Canada. In other words, its coooooooooooolllllllldddddddddddddddd. My advice, stay in.  It is supposed to warm up a little tomorrow.  Unfortunately, our Ottawa roads and sidewalks will be slick and slippery. This will make it very challenging for Ottawa drivers, cyclists and pedestrians.

I have to admit, as much as I would like to, I can’t stay in.  We will be out about shuffling our children from hockey rinks to swimming pools. My plan..slow and steady wins the race. We will get to where we need to be , then home for the SENS game..Go Sens go !  Please be safe out there today Ottawa.  Take your time, keep our Ottawa roads as accident free as possible. Have a great, safe weekend.

-Ottawa Personal Injury Lawyer David Hollingsworth

———————- The  Ottawa Injury Blog is written regularly by Ontario personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer representing Ottawa accident victims and the families of accident victims who have lost a loved one in an Ontario accident. This 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 question, feel free to call or email david@ottawainjury.ca  (613) 978-9549

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Ottawa Personal Injury Lawyer David Hollingsworth:What are income replacement benefits ( IRB ) ?

Ottawa Personal Injury Lawyer David Hollingsworth, Ontario Injury Lawyers, Income Replacement Benefits..Often times  after suffering a personal injury in a  motor vehicle accident you may not be able to return to work right away. You also may not be able to provide for yourself and your family. Depending on the severity of your personal injuries, you may not be able to work for a few days, maybe a few months or perhaps even longer.  This is very stressful and this is where income replacement benefits comes in.

What are Income Replacement Benefits?

Income Replacement benefits are available to Ontario personal injury victims who were employed or self employed at the time of the motor vehicle accident in Ontario  and who, as a result of the personal injuries sustained in the Ontario accident, “suffer a substantial inability to perform the essential tasks of their employment”. This is the definition that applies for the first 2 years following a car accident in Ontario. 

Following 2 years after an Ontario accident, it changes and becomes much more difficult to qualify for income replacement benefits. To continue to qualify for income replacement benefits, Ontario accident victims must  have “a complete inability to engage in any employment or self-employment for which they are reasonably suited by education, training or experience.”

How much do Ontario accident victims get for Income Replacement Benefits?

The amount of income replacement benefits received depends on a number of different factors such as one’s income before the accident.  As well as whether or not you opted to purchase additional accident benefits.

  • For motor vehicle accidents occurring after September 1, 2010, the amount of the weekly income replacement benefits is based on 70% of your gross weekly income before the accident, subject to the maximum amounts.
  • Under the standard accident benefits limits, the maximum weekly amount payable for the first 2 years following the accident in Ontario is $400 per week
  • No income replacement benefits are payable in the first 7 days following an Ontario accident
  • Optional accident benefits limits increase the maximum weekly amount to $600, $800 or $1,000 per week 

How to apply for income replacement benefits…

In order to receive income replacement benefits,  Ontario accident victims  need to submit a completed 

  • Application for Accident Benefits.
    •  OCF-10  Election of Income Replacement, Non-Earner or Caregiver Benefit
    • OCF-3 Disability Certificate
    • OCF-2 Employer’s Confirmation

    If you have been involved in an Ontario car accident and are unable to work, you most likely qualify for income replacement benefits. It is important that before you fill out the associated accident benefits forms that you contact an experienced Ontario personal injury lawyer .  The best Ontario personal injury lawyers not only will help you fill out these forms, they will ensure that it is done in a manner that  gets you maximum benefits support.

    ——————————————————————————————————————————————–

    The  Ottawa Injury Blog is written regularly by Ottawa Ontario injury lawyer David Hollingsworth. Since 1999, David has been an Ontario personal injury lawyer representing Ontario accident victims who have suffered a personal  injury and the families of accident victims who have lost a loved one in an Ontario accident. This 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 question, feel free to call or email david@ottawainjury.ca  (613) 978-9549 

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    City of Ottawa Skating Safety : Rideau Canal conditions, Ottawa lawyer David Hollingsworth

    Ottawa Personal Injury Lawyer David Hollingsworth…I am very happy  that Ottawa children under the age of 10 will be required to wear protective helmets during public skating sessions held in City of Ottawa  facilities  effective January 1, 2012. It is estimated that 5,700 Ottawa children receive medical treatments for personal injury in Ottawa emergency rooms, and 400 children are hospitalized, every year because of sports-related head injuries.  This is very disturbing.  We all want kids to have fun but it cannot be at the expense of their safety.  Please take all necessary safety measures when it comes to children’s safety. There are far too many serious injuries each year such as traumatic brain injuries, spinal cord injuries and serious orthopedic injuries.

     The City of Ottawa offers the following Safe Skating Tips:

    • Wear the gear! Wearing a CSA (Canadian Standards Association), Snell or ASTM (American Society for Testing and Materials) approved helmet, that fits properly, will help prevent head injury. It should be worn snug,  yet comfortable. Hockey helmets are recommended over cycling helmets because they can withstand multiple impacts. Wrist guards, elbow pads and knee pads help prevent wrist fractures, and bruises on knees and elbows.
    • Choose proper fitting skates that give good support around your ankles (moulded skates are not recommended). Local sport stores should be able to help you with a proper fit. Remember, new skates must be sharpened before you go on the ice and then sharpened again each year at the start of the skating season.
    • Lace your skates all the way up. You should never wrap the laces around your ankle. If the laces are too long, tie them in a double knot so you don’t trip over them.
    • Wear only one pair of socks. Multiple pairs will make you feel colder and your skates might be too tight.
    • Wear proper clothing: gloves, neck warmer, helmet, waterproof jacket and pants (NO jeans, as they will not keep you warm and dry if they get wet), long underwear, and a sweater should do the trick.
    • Get trained! Instructors will be able to teach you the basics of skating, such as how to stop, how to fall safely, and how to get up after a fall. For lessons call 613-580-2596.
    • Choose a surface that is relatively free of bumps and cracks to allow for more control and an easier time stopping. If skating on the Rideau Canal, watch for the green flags to ensure the conditions are safe. The N.C.C.’s Rideau Canal Skateway conditions hotline is: (613) 239-5234, press 1,1
    • Watch where you are going, and always skate with the traffic. If you want to stop, head to the side so you won’t get in anyone’s way.

    Avoid the following:

    • Skating on the Rideau Canal Skateway when the red flags are flying.
    • Skating too fast – this puts you and those around you at risk.
    • Playing sports unless in a designated area (ex: hockey).
    • Holding on to more than one person – this increases your chance of falling and hurting someone else.
    • Placing sharp items in your pockets (ie. keys, combs, etc.).
    • Using your toe-pick to start or stop (this will ruin the ice surface, and it won’t give the stability you need to safely start or stop), or removing bottom pick (designed to help you balance).
    • Clothing with drawstrings.

    -Enjoy this winter and please be safe.                                          -Ottawa Personal Injury Lawyer David Hollingsworth

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    Ottawa Personal Injury Lawyer David Hollingsworth has been helping slip and fall injury victims get the help they need after a serious Ontario accident.  Due to his vast experience with injuries, David understands the added pressure and stress associated with this personal injury.  David aggressively fights to get the maximum amount of compensation needed to ensure you are taken care of and that you are able to rebuild you life, as it was before the accident.  David takes his cases on contingency, which means, you don’t pay him anything, until he gets you your money.  Call for a free consultation 613-978-9549. For more information, visit www.ottawainjury.ca

    If you have a question, feel free to call or email david@ottawainjury.ca  

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    Ottawa Rideau Canal Skateway, Canal Conditions, Ottawa Lawyer David Hollingsworth

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    Ottawa Lawyer : What is Ontario slip and fall compensation ?

    Ottawa Injury Lawyer David Hollingsworth… 

    Ontario, Ottawa Pedestrian Injury Lawyer David Hollingsworth. David has a lot of experience with individuals who have sustained slip and fall injuries while in a store and have slipped and fell from either poor maintenance of the floor itself (elevated or cracked), or it is slippery from a spill of a liquid of some sort. Putting a sign saying the floor is wet is simply not enough to prevent a serious injury, ensuring the floor is dry will prevent the injury. The same goes for a damaged floor. If a floor is wet or damaged it should be fixed immediately. That is the responsibility of the store. If you suffer a serious injury, there is compensation available to you and that is where the best Ottawa personal injury lawyers can help.

    What Can You Do if you slip or fall in a store and suffer a serious injury?

    If you are shopping and see something that appears unsafe within a store, do your part and tell an employee or a manager. If we all do our part we can prevent Ottawa slip and fall injuries.

    Ottawa Personal Injury Lawyer David Hollingsworth’s Experience

    David has had many clients who have been unfortunate enough to slip and fall within a store and have experienced severe, neck, back, leg, arm, spine, and head injuries. These injuries take quite a toll on an individual’s life, preventing them from working, taking care of their loved ones, and enjoying life in general. David has helped various individuals get through their injuries and receive the compensation they deserve.

    Ottawa Personal Injury Lawyer David Hollingsworth has been helping slip and fall injury victims get the help they need after a serious Ontario accident.  Due to his vast experience with injuries, David understands the added pressure and stress associated with this personal injury.  David aggressively fights to get the maximum amount of compensation needed to ensure you are taken care of and that you are able to rebuild you life, as it was before the accident.  David takes his cases on contingency, which means, you don’t pay him anything, until he gets you your money.  Call for a free consultation 613-978-9549. For more information, visit www.ottawainjury.ca

    If you have a question, feel free to call or email david@ottawainjury.ca  

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    Happy new year and have a safe 2012 , Ottawa personal injury lawyer David Hollingsworth

    Ottawa Personal Injury Lawyer David Hollingsworth…I just wanted to wish everyone a happy new year.  All the best for a safe and happy 2012 !

    - Ontario Personal Injury Lawyer David Hollingsworth

    The  Ottawa Injury Blog is written regularly by Ottawa Ontario personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa Ontario personal injury lawyer representing Ontario accident victims who have suffered a personal  injury and the families of accident victims who have lost a loved one in an Ontario accident. This 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 question, feel free to call or email david@ottawainjury.ca  (613) 978-9549 

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    Happy new year 2012

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    Ottawa pedestrian accident Montreal road results in wrongful death.

    Ottawa Personal Injury Lawyer, Ottawa Accident Attorney David Hollingsworth — An Ottawa woman was sadly killed last night  when she was hit by a vehicle at Ottawa’s intersection of Montreal Road and Foxview Place at  7:30 p.m. Ottawa paramedics  transported the Ottawa accident victim to the Montfort Hospital, where tragically she was pronounced dead. The accident victim was crossing the street from the south side to the north side of Montreal Road when she was hit by an oncoming car.  It was reported by an observer that his  own car, a Toyota Corolla, likely blocked the view of the driver who hit the pedestrian, leaving the driver with little or no time to react. He also reported that it was too dark and happened very quickly and therefore difficult to get a good look at the Ottawa pedestrian. He was only able to say the pedestrian was wearing a red coat and a hat. Ottawa police are investigating  the Ottawa pedestrian accident. My thoughts go out to the friends and family of the deceased accident victim.

    ————————————————————————————————– The  Ottawa Injury Blog is written regularly by Ontario injury accident and  personal injury lawyer David Hollingsworth. David has been an Ontario injury lawyer representing Ottawa accident victims and their families since 1999. This 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 question, feel free to call or email david@ottawainjury.ca

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    Ottawa Pedestrian Accident Lawyer, Ontario Personal Injury Lawyer , Ottawa Injury Lawyers , Personal Injury Lawyer Ottawa  David Hollingsworth

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    Ottawa Cycling Accident Lawyer : Resource for Ottawa cyclists

    Ottawa Bicycle Accident Lawyer David Hollingsworth, Ottawa Cycling….I just read that the Ottawa Citizen online edition has new website  for Ottawa cyclists to share tips, routes, gear and much more.  Many of my clients have been injured in a cycling accident and I know from them that this type of site could be very useful in terms of reaching out to other Ottawa cyclists.  Check it out and ride safely out there…

                                                                                              -David Hollingsworth, Ottawa Cycling Accident Lawyer

    Ottawa Ontario Bicycle Accident Lawyer David Hollingsworth has been helping Ottawa and Ontario bicycle accident victims since 1999. Cyclists are entitled to accident benefits even if they do not have their own insurance.  The claim is made against the drivers insurance company.  Many bicycle accident victims are unaware of the benefits to which they are entitled to. With his extensive experience and knowledge of relevant accident and personal injury issues, he has recovered millions of dollars in settlements  on behalf of his cycling accident clients. David has the experience and skill to help obtain maximum compensation. David offers free consultations and makes  home visits or hospital visits. Visit www.ottawainjury.ca for more information. David understands, he cares and he is here to help.

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    Avoid an accident and personal injury- watch out for black ice.

    Ottawa accidents and black ice. Ottawa injury lawyer   -avoiding personal injury.

    It’s the last day of March break and it’s awfully cold out there today.  I’m just about to go out and hit the slopes with my son.  I’ve been skiing for a couple of days now and I’m sore and stiff !  Regardless, my son is excited, so off we go ! I hope my muscles forgive me someday.  Although it’s sunny out there..there is still a chill and with that comes black ice.

    There are too many injuries in Ottawa each year due to black ice. Generally, drivers are caught unprepared. Black ice, sometimes known as “glare ice” or “clear ice” is deadly because it is difficult to see – it can sneak up on you when you least suspect. Ottawa Personal Injury lawyer David Hollingsworth shares his thoughts on how you can drive safely through the Winter season and practice safe driving habits.

    Each year, there are an incredible number of Ottawa automobile accidents due to the ice conditions here in Ottawa and in Eastern Ontario. The goal is to establish safe driving habits that will protect you when you drive during black-ice season. As a preliminary, always strive to stay alert – this means that since black ice can be anywhere, it is wise to remember driving carefully, with all attention on your surroundings.

    More specifically, you can stay tuned to weather and news reports that will advise drivers on particularly bad days and intersections that require careful attention. Black ice is not truly black, though it is virtually invisible to the driver’s eye, so sharp turns, and busy intersections, for example, will require extra caution to safeguard your safety and well-being. “Most accident victims don’t notice the black ice on the road until it is way too late,” says Ottawa personal injury lawyer David Hollingsworth. “You have to automatically assume that if there is a slight chill in the air, there will likely be ice, SO please… slow down and avoid car accidents.”

    For over 12 years, David Hollingsworth has been on Ottawa personal injury lawyer, specializing in Ottawa accidents and Ontario accidents. David’s personal injury practice focuses on Ottawa and Ontario accident victims of motor vehicle accidents, slip and fall accidents resulting in personal injury, Ontario Accident Benefits Insurance Claims, Ontario Sexual Assault Claims, Ottawa, Ontario Serious Injury Law Suits, and other Civil Litigation matters. Ottawa and Ontario – Free Consultations. For more information, call 613 978-9549 or 613 237-4922 ext 203 or visit www.ottawainjury.ca

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    What do I do at the scene of a motor vehicle accident ? What should I do after the motor vehicle accident ?

    What do I do at the scene of a motor vehicle accident ?

    DO:

    • Remain at the scene of the accident.
    • Call the police and advise of the nature of injuries suffered.
    • Provide the following information: your name and address, your vehicle permit number, and the name and address of the owner of the car (if it is not your car).
    • Get the names, address, phone number, vehicle permit number and insurance information from the other driver(s) involved.
    • Get the names, address, and phone numbers of any witnesses.
    • Write down anything anybody says about how the accident happened.
    • Tell the police officer if you think another driver is under the influence of alcohol or drugs.

    DO NOT:

    • Move the vehicles, or any debris, unless they are a potential hazard to other motorists; or
    • Sign documents or discuss the accident with anyone but the police.

    What should I do after the motor vehicle accident ?

    DO

    • When you get to the hospital or to your home, you should call your insurance agent immediately.  If you do not have your own insurance you may be entitled under someone else’s policy or through the Ontario’s Superintendent of Insurance through the Motor Vehicle Accident Claims Fund.
    • Make an appointment with your family doctor or attend a walk-in clinic.
    • Take photographs of any damage to your car, truck, bicycle or motorcycle.
    • Contact a personal injury lawyer.
    • If you have any visible injuries, take photographs of these injuries.  Also take photographs of any damaged clothing or belongings.
    • Contact your employer or school and advise them that you were in an accident.
    • Consider your needs for specialized equipment and home modifications.
    • Keep a detailed record of all medications taken, assistance received from family, friends or professionals, all rehabilitation or doctors’ appointments, progress or development in physical, psychological or mental injuries, and all out of pocket expenses including parking, wheel chair rental, ambulance bills etc..
    • Comply with all requirements of the Accident Benefits.
    • Let your personal injury lawyer assist in completing the Accident Benefits forms.

    DO NOT

    • Provide any statements to your insurance company until you have consulted with a personal injury lawyer.

    About Ottawa Ontario Injury Lawyer David Hollingsworth———————————————————————————— David Hollingsworth has been an Ottawa Ontario  injury lawyer specializing in personal  injury representing Ontario accident victims since 1999. David practices with an established Ottawa law firm of more than 50 years of experience in representing accident victims, and helping personal injury accident victims get the compensation they need at an incredibly difficult time in their lives.  David offers free consultations, takes cases on contingency and travels to  homes or hospitals. Visit www.ottawainjury.ca for more information. If you have a question, feel free to email david@ottawainjury.ca

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    Ottawa Injury Lawyer David Hollingsworth wins at Court of Appeal for Ontario, Tannahill , Marchand – paraplegic woman entitled to limits in compensation ..

    Ottawa Injury Lawyer David Hollingsworth, Court of Appeal for Ontario Win, Paraplegic entitled to limits in compensation. 
     
    I am delighted to share with you a recent decision that I obtained on behalf of the Tannahill/Marchand family at the Court of Appeal for Ontario. This was an application to the court to require the family’s home insurance policy to pay for losses suffered when their daughter was visiting, fell through a balcony railing, and became a paraplegic. After successfully arguing the case on behalf of the family at the Ontario Superior Court to Justice, the insurance company appealed to the Court of Appeal for Ontario.  We were successful on behalf of the family at the Court of Appeal for Ontario as well.  I am pleased to have been able to help this family get some much needed funding for rehabilitation and medical needs. 
                                                                                    -Ontario Injury Lawyer David Hollingsworth
    The following is a copy of the decision…
     

    123ONCAv. Lanark Mutual Insurance Company, 2011  Tannahill  CITATION    

     
     
     
     
     
    DATE: 20110211   DOCKET: C52412  
    COURT OF APPEAL FOR ONTARIO
     
     

     

    Sharpe, Watt and Karakatsanis JJ.A.   

    BETWEEN
    Susan Tannahill and Georges Marchand, Applicants (Respondents) and Lanark Mutual Insurance Company , Respondent (Appellant )
     
     

     

    Appotive Stephen S., for the appellant  and D. Hollingsworth, for the respondents   

    Heard & released orally: February 7, 2011 

    On appeal from the judgment of Justice Rick Leroy of Ontario Superior Court of Justice,  dated June 24, 2010. 

    ENDORSEMENT 

    [1] Lanark Mutual Insurance Company appeals a judgment that requires it to defend and indemnify the respondents in a tort action brought by their daughter, Naomi Marchand, who fell off the balcony of their home and was seriously injured. 

    [2]The issue is whether Naomi’s claim is excluded from the respondents’ farm insurance policy because she was an in the named insured’s household”.“insured”, defined to include a relative while “living in the named insured’s household”. 

    [3] The application judge found that seven or eight years before her injury, Naomi had been driven from the family home at age 15 as a result of conflict with her mother,serious religious and lifestyle differences with both parents and her disclosure of five years of sexual exploitation by her father. She had lived a peripatetic existence away

    [4] The application judge found that the term “household” signified more than a transient visitor. He found that at the time of her injury, Naomi shared no unity of purpose with her family and that she was merely a short-term visitor and not living in her parents’ “household”

    [5] We see no error on the part of the application judge. In the context of this case and this policy, the application judge’s reference to the definition of “you” and “your”the part of the policy dealing with first party liability had no practical bearing on the proper interpretation of the phrase “living in the named insured’s household”. 

     

    [6] We agree with the application judge that the term “household” connotes a familylike group of people living together with an element of intimacy or community in the relationship. The exclusion clause protects the insurer against collusive claims brought by individuals living together in such relationships. The respondents did not enjoy that type of relationship with Naomi.
     
    [7] There is ample evidence to support the application judge’s conclusion that Naomi was not relationship with her parents had and remained completely broken down and she had not“living in the named insured’s household” at the time of her injury. Her lived at her parents’ home since she had moved out or was evicted after her father’s sexual abuse conviction many years before her injury. She had established an itinerant life of her own and it was open for the application judge to find that she was “not living in the named insured’s household” at the time of her injury. 
     
    [8] Accordingly, the appeal is dismissed. Costs fixed at $20,000 inclusive of disbursements and applicable taxes, as agreed to by the parties.
     
     “Robert J. Sharpe J.A.”, “David Watt J.A.”, “A. Karakatsanis J.A 
     

    About Ottawa Injury Lawyer David Hollingsworth———————————————————————————————————— David Hollingsworth has been an Ottawa Ontario personal injury lawyer specializing in personal  injury representing Ontario accident victims since 1999. David practices with an established of 50 years of experience in representing accident victims, and helping personal injury accident victims and their families  get the compensation they need at an incredibly difficult time.  Visit www.ottawainjury.ca for more information. If you have a question, feel free to email david@ottawainjury.ca

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