Posts Tagged ‘Ottawa Personal Injury Lawyer’

Brain Injury and Head Injury in Ottawa Children

For more information on personal injuries: visit www.ottawainjury.ca      

David Hollingsworth : Ottawa Personal Injury Lawyer – On the heals of our very exciting Olympic win last night in men’s hockey this timely article was published in the Ottawa Citizen.  I am a father of 3, and every time I go to an Ottawa outdoor rink with my kids and see someone without a helmet on, I am in disbelief ! 

The city of Ottawa is planning on  requiring children under  13 to wear helmets at Ottawa indoor skating rinks, but may stop short of an Ottawa bylaw making helmets mandatory for Ottawa children in all outdoor sports. The city of Ottawa already makes minors wear helmets when they participate in Ottawa city-run skating programs, or use the indoor skateboard park or the BMX park. The new policy will extend mandatory helmet use for children to all Ottawa public skating sessions.

Studies show that proper helmet use can prevent head injury and brain injury in children. Earlier this winter, Ottawa emergency-room doctors at the Ottawa hospital treated more than 50 children with head injury and facial injury as a result of  skating and tobogganing Ottawa accidents. Approximately 1/2  of them suffered concussions while the other 1/2 had injuries ranging from cuts to broken jaws incurred as a result of face-plants on the ice. Of all the winter outdoor sports, ice skating accounts for the most Ottawa ER visits for head injury in children. Some believe that making a mandatory rule for helmet use creates barriers and limits those who may participate in Ottawa sporting activities.  What do you think?

David Hollingsworth, Ottawa Personal Injury Lawyer..

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Ottawa Personal Injury Lawyer – car accidents, slip and fall accidents.

Are you suffering from a personal injury  and have been in an Ottawa motor vehicle accident , Ontario car accident or Ottawa slip and fall accident ? Let our personal injury team and lawyer David Hollingsworth fight on your behalf so you can move on with your life with your family and loved ones. Our team practices exclusively in Ottawa and Ontario personal injury law. 

 

Ottawa personal injury lawyer David Hollingsworth offers free consultations, so feel free to contact him about your need for an Ottawa personal injury lawyer or Eastern  Ontario personal injury lawyer and get a free evaluation of your case, or simply have some questions answered.  You have been through enough, now let David Hollingsworth, Ottawa personal injury lawyer help. Visit www.ottawainjury.ca  or call 613 978-9549 or 613 237-4922 ext 203

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Ottawa bicycle accident update on personal injuries and Robert Wein

Ottawa Personal Injury Lawyer David Hollingsworth – Ottawa Injury Lawyers – Hello Ottawa…I reported many times of this accident and Robert Wein’s critical situation and personal injuries.  I thought I would share this with you as so many Ottawans showed their concern at the time of the accident.  I met with Robert at his hospital a few months back and he truly struck me as an incredible  inspiration…

David Hollingsworth, Ottawa Personal Injury Lawyer

On July 19, 2009, Robert Wein and 4 other cyclists suffered personal injury when a minivan slammed into their bicycles. Before the crash, Wein was in the best shape of his life. In the hours that followed, doctors feared the broken athlete might die. Now he’s in rehab — working his way back !

For many mornings at The Ottawa Hospital Rehabilitation Centre, Robert Wein confused his right leg with his left. The nurse at the Ottawa Rehab Centre would correct him patiently as she helped him transfer from his bed to his wheelchair. Today, 4 months after the Ottawa accident and entering the Ottawa Rehab Centre with a serious brain injury, Wein doesn’t make this mistake anymore. “She taught me things a three-year-old needs to learn,” Wein says, grinning at the memory. “I’d call my right leg my left leg. I don’t know why.” That confusion was one feature of the brain injury he suffered on the morning of the Ottawa accident -July 19, 2009, when a minivan slammed into his bicycle from behind.

Four other cyclists, including Wein’s girlfriend, Cathy Anderson, suffered personal injury in the hit-and-run. The Ottawa accident defied reason: The riders were struck as they pedalled in a dedicated bike lane on a broad stretch of March Road in Kanata. They were about 20 minutes into a 100-kilometre round trip to Pakenham. Few other cars were on the road at the time. Wein, who was cycling behind the lead rider, has no memory of the event. He has read about it on the Internet, but none of it sounds familiar. In fact, for months, the 39-year-old triathlete and civil servant couldn’t relate his physical state to the crash. He didn’t understand why his legs wouldn’t follow his commands. He feared it might be his fault. Then one morning, late last year, he woke up “with the total understanding I was in an accident.”

He often reminds people now that he was hit by a car. The word “minivan” escapes him yet. Wein is firmly set on the hard road back. How far he’s able to travel down that road will depend on his brain’s ability to rewire itself, to find new ways to perform once automatic activities such as balancing, walking and remembering names. “I got hit,” he explains. “But I wasn’t born this way and I’m not going to die this way.” Among the first things Wein remembers after the accident is sitting up in a hospital bed, having people congratulate him for the feat. “I was thinking, ‘Yeah, big deal,’” he says. “I didn’t know a month earlier I was unconscious.”

Wein was in the best physical condition of his life before the accident; he had competed in a triathlon on his birthday the previous weekend. After the crash, Wein underwent emergency surgery at The Ottawa Hospital’s Civic campus for a serious abdominal injury. He had also suffered a collapsed lung, a broken rib and severe road rash to his lower legs and right arm. His brain injury was life threatening. He had been wearing a bike helmet, but it had shattered in the crash.

Doctors warned Wein’s parents, Patricia Buchanan and Marceli Wein, that their son might not regain consciousness. His score on the Glasgow Coma scale — a medical test used to assess unconscious patients — suggested he had a 50-per-cent chance of survival.“The prognosis was guarded,” remembers Buchanan. Wein was kept in a sedative-induced coma for three weeks to limit swelling, which can can reduce blood flow and damage healthy brain tissue. He was allowed to emerge from sedation when the pressure inside his skull subsided. Wein spent the next five weeks in the hospital’s trauma unit, where he learned to swallow and eat again. His feeding tube was removed. His recovery continued at Elisabeth Bruyère Hospital until October when doctors decided he was ready for more intensive therapy at The Ottawa Hospital Rehabilitation Centre. When he arrived, Wein needed help to turn in bed and to reach a sitting position. He was transferred to a wheelchair in a sling. He had strength enough to push his wheelchair about five metres on the ward he shared with other brain-injured patients. He couldn’t stand up. Those were the physical manifestations of his personal injury.

But his rehabilitation would be complicated by what couldn’t be seen: the damage done to his short-term memory and motor control. Unlike strokes, which follow a common pattern — a right-middle cerebral artery stroke typically will result in problems on the left side of the body — a severe brain injury is unpredictable. Wein’s diffuse injury produced a weakened right leg and left arm. The accident also left him with double vision, which he manages by wearing a black patch over one eye. While it often rights itself, the condition can be corrected with surgery if it persists for more than a year. Wein likes the eyepatch. “That way at least it looks like I’m injured,” he says, grinning again. “I want to fit in here.”

It’s the second week of January and physiotherapist Joan Heard sits on a stool in front of Robert Wein. She holds his hips as he concentrates on standing between parallel bars without holding them.“Keep your weight on both legs,” Heard coaches. Due to his brain injury, Wein tends to favour his right leg. The leg wasn’t damaged in the crash, but messaging to the limb must be reprogrammed. Essentially, he’s learning to walk based on a new set of rules for his brain. In three months, Wein has made significant progress. He is stronger and more flexible thanks to daily stretching and weightlifting sessions. He can transfer to a wheelchair. He can stand on his own for four minutes, a vast improvement from the 16 seconds he managed on his first attempt two months ago. His communication skills have improved so much that his physiotherapist sometimes has to remind him to concentrate on walking, not talking. Heard asks him now to lift one arm, then the other, as he stands between the parallel bars. It’s an exercise that tests his balance.Wein’s brow beads with concentration as he masters the new skill, pumping his arms up and down like a dance instructor. “I’m impressed,” Heard says. She places a small plastic step on the floor. Wein practises lifting both feet onto it, and stepping down. He turns and comes back over the step, again and again.

“Neuroplasticity allows you to teach your brain how to do it another way,” explains Dr. Shawn Marshall, medical director of acquired brain injury rehabilitation. The new brain networks, however, are not as efficient — or experienced — as the old ones. It means Wein may not move as smoothly as he did before the Ottawa accident. Wein’s mother is thankful for what he’s recovered. “I almost don’t think of the ‘before’: I just think of how well he’s progressing now. He’s got his personality back.” No one is sure how far Wein will progress. Brain injuries are dynamic, making the level of recovery for each patient difficult to predict. A severe brain injury can take up to two years to heal, says Dr. Marshall, meaning Wein may not know the full extent of his recovery until next year.

Wein himself says he doesn’t expect to be able to do everything he did before the accident, but he’s encouraged by his growing independence and his ability to make himself understood. When he first came to the rehab centre, Wein was frustrated by his brain’s inability to keep up with the speed of conversations.That isn’t a problem now, but his memory remains flawed. “I accept the fact that pieces are missing,” he says. “I don’t get upset, I don’t get mad. I don’t get mad at myself, I don’t get mad at anybody. That’s just the way it is.” 

For as long as he can remember, Wein has loved the escape that is cycling. “The sounds and solitude,” he says, describing its pleasures. “I can concentrate and think about things on a bike.”Always enamoured with cycling, Wein became serious about the sport five years ago after joining Soldiers of Fitness, a conditioning program offered by former Canadian soldiers. Wein embraced its physical challenges and enjoyed the camaraderie of his fellow recruits.

The fitness group became the focus of his social life. Two-and-a-half years ago, he began to date Cathy Anderson, a fellow recruit and triathlete. They became part of a tightly knit cycling group that took advantage of summer weekends to make epic bike trips to such places as Brockville and Kingston. For Wein, cycling was the easiest of the triathlon’s three disciplines: swimming, cycling and running. “I could go far and fast and long, and so I was drawn to it,” says Wein, who grew up in Ottawa’s Beacon Hill North neighbourhood.

His mother, Patricia, is a professional editor, his father, Marceli, is a scientist. Not surprisingly, Robert had eclectic interests as a boy. He was adept with books, computers, cameras and woodworking tools. He once built his mother anarmoire; he produced his own newspaper for family and friends “He’s always been at heart an entrepreneur,” says Patricia.

Wein studied commerce at Brock University, then returned to Ottawa to take a job at Nortel. He migrated to the civil service about five years ago. He kept a hectic schedule. He was involved in the lives of his two children, Geris, 12, and Connor, 10, from a previous marriage, and also managed an apartment building in Pembroke and a web-hosting business. He took scuba lessons so that he could travel with Anderson on dive trips to Cuba.The day before their fateful cycling trip, Anderson and Wein drove the route to make sure the roads were in good repair. “We weren’t concerned about the roads in Ottawa,” Anderson says, “because we always stay in the bike lanes.”

 Anderson, 45, a business development executive, regularly assumed responsibility for planning and safety on the trips. She insisted the cyclists ride single file and not stray. Anderson was at the rear of the line of cyclists as they pedalled down March Road. She remembers being struck from behind on her left arm. She remembers the sound of bones smashing and the screams of pain and the sight of bodies scattered on the road. Her pelvis was fractured in three places and her left elbow splintered. No one at the scene would tell her what had happened to Wein. “Everybody’s breathing,” she was told.

 Anderson, who spent 35 days in hospital and faces more surgery on her elbow, has watched Wein’s rehabilitation with a sense of awe.“It has been amazing,” she says. “I’ve told him every since he opened his eyes, ‘I believe in you. You can do it.’”Wein stays with Anderson every weekend; they plan to move in together when he’s completed his rehab.“We were together all the time before the accident. We were best friends. We did everything together,” she says. “That hasn’t necessarily changed that much, it’s just that what we do is different. It’s a lot slower. Everything has slowed down quite a bit.”

 Wein doesn’t think much about the driver who put his life on hold.Sommit Luangpakham, 45, has been charged with dangerous driving causing bodily harm and leaving the scene of an accident.Wein doesn’t plan to attend his trial. He wants to instead concentrate on adapting to what he calls his “new situation.“Right now, I set my goal at integration back into the world. I’m not going to paint pictures. I don’t want to be prime minister. I don’t want what’s impossible yet.”

 Back in the gymnasium, Wein crosses the floor with the help of a metal walker, weighted down to make it more stable. Joan Heard is teaching him to place his right foot flat on the ground — it tends to curl on its side — and not to take too big a stride.Wein makes three crossings of the gym, then slumps into his wheelchair with a towel, soaked in sweat. It’s as far as he’s walked in six months. Wein records such milestones in his journal to ensure he remembers how far he’s travelled on his road back. For months, he didn’t always remember from one day to the next what Heard taught him in physiotherapy. Increasingly though, Wein says, he hears her voice in his head, telling him to plant his foot, shift his weight, bend his knee. Wein must plot every step. It’s as if, he says, he has to impose his brain’s will on a foot that doesn’t want to behave.“I have to think: ‘I’m going to put my foot flat. My right foot is going to be on the right side of my left foot. They’re not going to be too close together … ’”

It’s an exhausting enterprise because Wein, like other brain-injured patients, must expend enormous amounts of energy to process information. He’ll usually take a nap in the late afternoon.Wein promises himself every morning that he’ll work hard in physiotherapy.He’s expected to be in the rehab centre for another month, then move to the Robin Easey Centre to improve his daily living skills.

 “I don’t get disappointed,” Wein says. “I just try and if I succeed, I’m happy, and if I fail, I’ll try again later.” 

© Copyright (c) The Ottawa Citizen
For more information regrading Robert Wein and this tragic Ottawa accident, visit www.ottawainjury.ca or call David Hollingsworth, Ottawa Personal Injury Lawyer, specializing in helping accident victims in Ottawa and Eastern Ontario.
 
 
 

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Ottawa area snowmobile accident in Quyon results in death and personal injury.

Ottawa Personal Injury Lawyer David Hollingsworth reports on tragic snowmobile accident, just 40 minutes outside of Ottawa. My thoughts go out to the family and friends of Simon Horn, of Woodlawn. I’m so sorry for your loss….

Ottawa Accident Lawyer reports…
This Ottawa area accident could have been even worse, had the 10-year-old boy not helped save his father’s life following the snowmobile accident in Quyon, Quebec on Monday night by running for nearby assistance. In Quebec, the minimum age for driving a snowmobile is 16 years of age. As of Tuesday morning, the police were still deciding whether or not to press charges in relation to the boy’s illegal operation of the snowmobile.

If you have been involved in an accident and have suffered personal injury or have lost a loved one due to an accident or someone’s negligence, you may need the help of an Ottawa personal injury lawyer to help you get the financial compensation you need for support and recovery now and in the years to come. Call 613 978-9549 or 613 237-4922 ext 203 for free consultations or visit www.ottawainjury.ca
-Ottawa Personal Injury Lawyer David Hollingsworth, specializing in Ottawa accidents and Ontario accidents for over 12 years…

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Ottawa personal injury lawyer reports on Ottawa ski accident that results in death.

Ottawa Personal Injury Lawyer David Hollingsworth -I am so upset to report that another fatal ski accident has occurred in the Ottawa area. Sadly, today, an 11-year-old girl on a school ski trip was killed when she hit a tree at Calabogie Peaks Resort. Eventhough the girl was wearing a helmet, she still suffered critical personal injury. Paramedics attempted to save her before she was airlifted to CHEO, where she succumbed to her personal injury. My thoughts are with the family of this young girl at this extremely sad time. What a tragedy. For more information, visit www.ottawainjury.ca
Ottawa Personal Injury Lawyer, David Hollingsworth

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Ottawa accident results in 3 victims with personal injury. Ottawa Lawyer shares…

Ottawa accident results in serious personal injury for 3 accident victims, including a baby. I wish them the very best for a speedy and full recovery. They will be in my thoughts.
–David Hollingsworth, Ottawa Personal Injury Lawyer

Late this morning, an Ottawa garbage truck was involved in an accident with a car. The impact from the garbage truck was so hard, that it turned the truck on it’s side and ended up demolishing the car by splitting it in half. 3 people were sent to an Ottawa hospital, which includes a baby. The Ottawa accident occurred close to the intersection of Hunt Club and Conroy Road. The driver of the truck was sent to an Ottawa hospital with a head and neck. He is currently in serious, but thankfully stable condition. The driver of the car remains in serious condition in an Ottawa hospital. She is being treated for a fractured pelvis, fractured leg, as well as internal injury. Her baby (3 months) was treated for an abrasion to her forehead and is currently under assessment and observation. Thank goodness, she was properly positioned in her car seat.

If you were involved in an Ontario accident or Ottawa accident and have questions about your rights and options, it is in your best interest to call a reputable Ottawa, Ontario personal injury lawyer for a free consultation. An Ottawa personal injury lawyer will be able to walk you through the legal process as it relates to accidents and personal injury. Visit www.ottawainjury.ca for more information or call 613 978-9549.
-David Hollingsworth, Ottawa Personal Injury Lawyer

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Ottawa Spinal Cord Injury: Rene Faucher, hockey accident -University of Ottawa

Ottawa Personal Injury Lawyer David Hollingsworth : Most of you have probably heard by now the very sad news about Rene Faucher. If you haven’t a few weeks ago, he caught a rut in the ice at the University of Ottawa and went head first into the boards at a pick up hockey game. The result is now he’s paralyzed from the chest down with at least a year of rehab in the hospital and no long-term disability insurance to help his family. Rene and his wife Dianne Douglas have three young children under the age of 5. The community has been rallying together to raise funds to support the family at this incredibly difficult time. One of the latest initiatives is with the The Ottawa 67’s Hockey Club. The Ottawa 67’s will donate 50% of revenue from this week’s online and box office ticket sales to a trust fund in Rene’s name to support rehabilitation and living expenses for Dianne and the three children. You can support Rene Faucher and his family by attending this Sunday’s game against the Guelph Storm. you can order tickets at www.Ottawa67s.com and click on the René Faucher Fundraising icon. You may also order by telephone (613.232.6767) or simply show up on Sunday at the box office in the Coliseum Building at Lansdowne Park or at the Urbandale Centre box office and reference the Faucher Douglas Trust Fund when purchasing tickets. Game time is 2:00 PM. If you can’t attend, but want to support Rene, Dianne and the children you can make a donation at any local Scotiabank branch or by visiting www.FaucherDouglasTrustFund.com.

Thank you for considering to support Rene Faucher and his family. A spinal cord injury is a life altering injury. If you need more information as it relates to Rene Faucher and Dianne Douglas Trust Fund, or Ottawa and Ontario spinal cord injury resources, visit www.ottawainjury.ca or call 613 978-9549.

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Avoiding Ottawa Accidents by removing snow. Lawyer David Hollingsworth explains.

Ottawa Personal Injury Lawyer David Hollingsworth gives some advice on how to avoid a personal injury. Now that the snow in Ottawa, Ontario is here, motorists are digging their cars out of snow banks, ditches and even their own driveways. It’s important that you take care in doing so. The following tips can help keep you safe and avoid an accident and more importantly a personal injury:
-Dig your tail pipe out as you don’t want to be overcome with carbon monoxide poisoning while trying to extricate your car while its exhaust system is clogged.
-Clear the snow away from the top of your car, windshield and rear view mirrors. Snow on your mirrors and wind shield will prevent visibility, but snow slipping from the top of your car while your are driving can also prevent visibility and be the cause of an accident.
-Wear bright clothing, put up a road flair and use flashlights while digging your car out on a roadside in the evening or after dark. You don’t want to become a pedestrian accident.
-Take breaks while doing the digging so you don’t get a back injury.

These are just some safety tips to help you stay safe. For more information on Ottawa accidents, prevention and personal injury visit www.ottawainjury.ca. or call 613 978-9549
Take care and be safe out there, David Hollingsworth, Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer

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Child Slip and Fall Accidents

Child Slip and Fall Accident Lawyer: Ottawa Personal Injury Lawyer David Hollingsworth
If your child has suffered an injury because of a slip and fall accident due to negligence or a hazard, you may be entitled to some benefits that you likely are not aware of. As one of the best Ottawa personal injury lawyers, I meet daily with victims of an Ottawa slip and fall accident; some not severe and others; life altering.

Where Can Slip and Falls Happen?
What to do if a slip and fall accident occurs?

We all want the best for our children and we want them to be safe. Most children have the tendency not to be aware of the dangers of falling and hurting themselves, however sometimes there are dangers that are not your child’s fault but the fault of an individual who neglected a hazard. If you are on someone else’s private property or public property, you have the right to sue the insurance company for compensation for your child’s injury. In most cases, property owner or business are responsible for any personal injury that occurs on their property. One of the things that is extremely important to remember is that you need to contact an Ottawa Ontario personal injury lawyer, more specifically an Ottawa injury lawyer that specializes in slip and fall and personal injury cases as soon as possible if your child has suffered a serious injury . Timelines are very important in a slip and fall accident case like this. Your best bet is to document everything you can, take pictures if possible, seek immedicate medical attention (record it) and contact one of the best Ottawa Ontario personal injury lawyers, such as David Hollingsworth.
Children’s bodies are small and less developed which makes them more susceptible to suffer from a severe injury. Some of the different types of hazards that can hurt a child include:

Where do Slip and Fall accidents happen?
• Potholes
• Wet floors
• Unbalanced flooring
• Adverse weather such as ice, rain, snow etc.
• Unattended spilled or fallen items
• Poorly lit walkways and stairs
• Uneven sidewalks

Depending on the fall, the injury to your child can be more than one. Some injuries can take a few days to heal, other more serious injuries may take months. Some examples of the types of injuries that can occur to your child include:

Types of Personal Injury

• Broken bones
• Bruises/ Scarring
• Brain Damage, Head Injury
• Spinal Cord Injury/ Paralysis
• Death

If your child’s slip and fall accident occurred in a public building or a public parking lot, an accident report should be filed at the time of the accident as soon as possible. Some other examples of the types of steps that should be taken in the event of a slip and fall accident include:

• Write down a description of the slip and fall, what caused it, and if there was no indication of a present danger
• The date, time and location of the slip and fall accident
• A list of witnesses and contact information and statements confirming what happened at the time of the slip and fall accident
• If possible take photos of the slip and fall accident and where it occurred.
• If your child has a physical personal injury, seek immediate medical attention
Contact one of the best Ottawa Personal Injury Lawyers in Ottawa, David Hollingsworth

If your child has been injured in a slip and fall accident due to neglect and hazardous conditions, you should not be held responsible for the damages. A qualified and experienced Ottawa personal injury lawyer such as David Hollingsworth can help you receive maximum compensation for your child’s slip and fall injury with his experience and knowledge of slip and fall accident cases. For more information, please visit www.ottawainjury.ca

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Ottawa Accident Lawyer : Ontario Accident Benefits and No fault Insurance Claims

Ottawa accident Lawyer David Hollingsworth explains Ontario No Fault Accident Benefits

If you’ve been hurt or injured in an accident in Ontario; there’s a detailed set of rules that you need to follow if you want to make a claim for your injuries, lost wages, damages for pain & suffering or just getting the insurance company to fix your car. Keep in mind that insurance companies won’t pay for any of these things if you don’t report the accident. So if you want to collect from the insurance company, you will need to report the accident to them. If you don’t; you’re risking losing out on valuable benefits described in greater detail below; not to mention any monetary damages which you might be entitled to.

Ontario has what’s called a “no-fault” set of rules for car accidents. What this means is regardless whose fault the accident is, you’re entitled to a wide variety of benefits to assist you when you need it most. These benefits are generally paid for by your own car insurance company. If you didn’t have car insurance at the time of the accident, the Insurance Act provides a series of priority rules to set out who is responsible for paying for your benefits.

The benefits which are paid out under Ontario’s “no-fault” system are called “accident benefits”. Accident benefits are a wide variety of benefits which cover a wide variety of categories. These categories include such things as: Medical/Rehabilitative Benefits, Income Replacement Benefits, Caregiver Benefits, Housekeeping / Homemaintenance Benefits,and Attendant Care Benefits

Medical/Rehabilitative Benefits cover such things as the costs of physiotherapy treatment, chiropractic treatment, massage therapy treatment, gym memberships, assistive devices, aquafit clases, and any other medica/rehabilitative treatment, or devices which are found to be reasonable and necessary for your post accident care. Other devices may include therapeutic beds, wheelchairs, canes, ramps and even modified vehicles to accomodate accident victims. In order to recover these benefits, a health care professional like a physiotherapist, massage therapist or a doctor will have to fill out a “treatment plan”. This is a standard form which is submitted to the insurance company, and it’s up to them to wither approve or deny the treatment plan. These benefits are NOT unlimited. For what are called “non-catastrophic” cases, you are entitled to $100,000 in benefits over 10 years in med/rehab benefits. In “catastrophic cases”, you are entitled to $1,000,000 over the course of your lifetime.

Income replacement benefits are supposed to do exactly what their name says; replace your income if you’re unable to work following an accident. You’re entitled to 80% of your net pre-accident income which is averaged from your last year’s pre-accident earnings, or 26 of the 52 weeks before your accident. The maximum income replacement benefit under a standard auto policy in Ontario is $400/week. Some people chose to pay higher premiums to increase this amount. The problem which most people have in claiming income replacement benefits is that they problems showing that they were working before the accident, or they have problems quantifying their pre-accident income. Claiming these benefits can get particularly tricky if you have access to a private short term or long term disability policy which is designed to supplement your income.

Caregiver benefits are for people who, at the time of the accident were the primary caregiver for a dependant, such as a young child, elderly person or sick person. As a result of the accident, these people are no longer able to care for their dependants. To claim these benefits, you don’t have to show that you made any income before the accident. You just have to show that you were a primary caregiver. Caregiver benefits are $250/week, with an additional $50 for each extra dependant.

Housekeeping/Homemaintenance benefits are benefits to replace the accident victim’s ability to do chores, housekeeping or homemaintenance. These benefits are for assistance with such things as cleaning the dishes, preparing meals, dusting, mopping, taking out the garbage etc. These benefits are $100/week. In order to be claimed, you need to submit reciepts or invoices to your insurance company. If you don’t submit the reciepts, you won’t get these benefits, regardless of how hurt you are.

Attendant Care Benefits provide compensation for people, often family members, who perform attendant care services for accident victims after they are injured. These benefits are desinged to pay people for their services in caring for accident victims in activities like grooming, bathing, grocery shopping, brusing hair, putting on clotes, brushing teeth etc, when the accident victim is no longer able to do so as a result of their injuries. In order to recover these benefits, you will need to have a health care professional like an occupational therapist complete what’s called a “Form 1″ which shows exactly how much attendant care an accident victim requires following their accident. Not all accident victims require the same levels of care. Some accident victims require minimal amounts of care; others require 24hr care. It all depends on the extent of the injuries sustained in the accident and the specific facts of each case.

This “no-fault” system of insurance was introduced for a wide variety of reasons. One of those reasons was to provide accident victims a wide variety of benefits to foster their rehabilitation. Another reason was to reduce the amount of claims being litigated against insurers. Whether or not this system has worked depends on who you ask.

These accident benefits DO NOT cover damages for pain & suffering, or your future loss of income. In order to make a claim for these things, you will have to retain a personal lawyer to bring a tort action. This tort action is advanced against the other driver who might have caused the accident. In order to advance a tort claim, your injuries will need to be “serious and permanent”. If your injuries are not found to be “serious and permanent”, then you will not be able to advance a claim. This barrier to claiming in tort is called the “threshold”. The threshold is subject to judicial interpretation and is defined by the courts. Because courts hear threshold cases on a frequent basis, the judicial interpretation of the threshold is changing, and it all depends on the facts of the case and the way the case is presented. The threshold was implemented by your government. Most accident victims do not know that it exists, until they need a lawyer.

Each accident victim in a motor vehicle claim has 2 cases; a no-fault case against his/her own insurance company; and a tort case against the person/insurance company for the driver who may have caused the accident. Sometimes there’s an accident benefit claim and no tort claim; sometimes there’s a tort claim and no accident benefits claim; sometimes there’s both an accident benefits claim and a tort claim. It all depends on the facts of the case, and the extent of the injuries.

I came across this information in a related law blog and thought I would share it with you. If you or a loved one has been injured in a motor vehicle accident you may be entitled to many accident benefits from your insurance company. If you do not have insurance, you may still be entitled to these benefits. As an experienced Ottawa personal injury lawyer, I speak and meet with people daily who have not been properly compensated by their insurance company. I know the system and I can help. You have been through an accident; you have been through enough. Visit www.ottawainjury.ca or email david@ottawainjury.ca for a free consultation. I am here to help.
-David Hollingsworth, Ottawa Personal Injury Lawyer

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