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Maximum Compensation for Elbow Injury
Our client was hit by vehicle in a private parking lot. It wasn’t perfectly clear who was responsible for the accident. Despite this, we were able to obtain maximum compensation for her injuries that will help pay for future care, rehabilitation, medical expenses, and income losses, among other things.
Injuries Resulting From Accident:
Following the accident our client was taken immediately to the hospital. She was discharged from the hospital with cuts and bruises and a sore elbow. She returned to hospital as the pain in her elbow did not dissipate and learned that she had suffered a fractured elbow. She was eventually diagnosed with complex regional pain syndrome (CRPS). Her condition was not improving despite various treatments and interventions including physiotherapy. As a result of the accident she was also experiencing psychological disorders and soft tissue injuries to her neck, back, and hips.
Compensation For Elbow Injury:
Early on in the litigation process we were in disagreement with the insurance company about the amount of damages that was reasonable in the circumstances. We, nevertheless, believed in our client and understood that she was in pain which was affecting all aspects of her life. We had our client examined by several doctors who diagnosed that she was suffering from chronic pain and other injuries. We eventually settled her tort claim for approximately $700,000 all-inclusive on the tort side of the claim and then also settled the accident benefits side of the claim. This will, of course, never eliminate the pain but will assist to provide care and income in the future, and help her live life with these ongoing impairments.
We fought tirelessly to have our client deemed catastrophic by her insurance company. This increased the amount of accident benefits that she was entitled to. We eventually settled her accident benefits claim for approximately an additional $800,000.
Our Injury Lawyers:
We stick by our clients during these very difficult times. We work hard to build trust and instill confidence in our clients allowing them to discuss matters openly and frankly with us. We build strong relationships with our clients which allows us to better understand their needs and requirements. Being injured in an accident can be devastating. Our lawyers understand and care about what our clients are going through and we aim to help our clients in every way possible.
Tobogganing and Injuries on City of Ottawa Property
Many of us remember the first snowfall of the winter and the excitement of grabbing our toboggans and running for the hills. It’s what many children did then and it’s what many children do ( or at least want to do now). The situation now however has changed slightly. As more cities in Canada embark on a tobogganing ban, parents are left with many questions: Is this safe? Is this ridiculous? Are we going to have to bubble wrap our kids? What is the city’s responsibility?
Hamilton, Ontario has had a tobogganing ban in place for over 15 years; however recently, the City started installing more “no tobogganing” signs to remind people of the ban in place. Hamilton residents were unhappy, as they now faced a fine ranging anywhere from $105 to possibly even up to a $5,000 fine for tobogganing, even though these were not new by-laws for the city. Many believe that the reason the city suddenly chose to emphasize its tobogganing by-laws was because the City of Hamilton was ordered to pay $900,000 to a Hamilton resident who was injured on City property in a tobogganing accident in 2004 .
Orangeville Ontario also banned tobogganing after their insurance company said tobogganing may be a liability issue, following the death of a 14-year-old boy, whose toboggan hit a tree and he suffered a fatal head injury. Will Ottawa follow suit ?
Tobogganing in the City of Ottawa
In Ottawa, we do not have a tobogganing ban. In fact, the City of Ottawa oversees 57 tobogganing hills during the winter season. The public is encouraged to check ottawa.ca regularly for condition updates. A list of approved hills can be found at http://ottawa.ca/en/residents/parks-and-recreation/parks-and-sports-fields/sledding-hills. As far as a tobogganing ban in Ottawa…Well, never say never; however Ottawa’s Sports Commissioner Jody Mitic seems opposed to such a ban. He was quoted in the Ottawa Sun as saying “I keep hearing about it and it’s ridiculous, I don’t see what the point of banning it is” He then goes on stating that he is supportive of a bylaw that would enforce helmet use, such as the current by-law for helmets and bicycles.
As an Ottawa personal injury lawyer, yes I do see the dangers of tobogganing. I am also the father of 3 young children, each of whom got a shiny brand new toboggan for Christmas. I believe we need to look at activities such as tobogganing as calculated risks. It’s a delicate balancing act and yes, there are some inherent risks and dangers that accompany tobogganing. As a parent, I allow our children to toboggan; however I do check to make sure the grounds are reasonably safe. I look for trees, ditches, ice etc.. I establish certain ground rules, ie: no standing on the toboggan, I make sure my children wear a helmet at all times. I am aware that each year there are many catastrophic injuries due to tobogganing but I am not prepared to “bubble wrap” my kids. I recently appeared on CTV National News and Rogers TV offering legal advice on the responsibilities of municipalities. If you would like to see these programs you can view it here http://www.rogerstv.com/page.aspx?lid=237&rid=4&sid=68&gid=229918
All this to say, yes the City of Ottawa has a responsibility to keep its premises reasonably safe, under the Occupier’s Liability Act. There are many instances where someone has had a slip and fall accident , motor vehicle accident , or suffered other types of injuries on City of Ottawa property and it’s been found that the City was responsible because they did not keep their premises reasonably safe. For more information read this http://www.ottawainjury.ca/lawyers/ottawa-personal-injury-accidents/slip-and-fall-accident-on-city-of-ottawa-property/.
Get out there and enjoy this incredibly cold winter we are having. Please do it as safely as possible. Take the necessary steps to ensure your safety and the safety of others. If you have suffered an injury and are unsure of your rights or need more information as it relates to accidents, injuries and safety, please contact any of our personal injury lawyers. we would be happy to help in any way we can.
David Hollingsworth and Associates nomination Top Injury Firm in Ottawa
Our Ottawa Personal Injury Lawyers are proud to have been nominated for the second year in a row for Top Injury Firm of 2015 in Ottawa.
The Top Choice Award is the result of in-depth market research, where the voice of the people is collected and respected. Each Top Choice Award is the product of a long surveying process that identifies passionate individuals and their products and services
Are we your top Ottawa Injury Lawyers ?
David Hollingsworth and Associates would love your support again this year, please take a moment and vote for us. We appreciate your support. You will also be ale to view what others have to say about our firm and our Ottawa personal injury lawyers.
What our Ottawa injury lawyers have to say…
It’s easy to get caught up in working all the time and nominations such as this one remind us that we are working with such wonderful people who have been through or are going through some of the most difficult days of our lives. We believe that a large part of our success if due to the fact that we understand what our clients are going through. Our clients are seriously injured and their lives will likely never be 100 % the same. Our lawyers know that we must do everything we can to help rebuild our clients’ lives. Yes, this means obtaining maximum compensation and benefits for our client, but it also means much more. Our lawyers are there for our clients and their families on many more levels. If we weren’t we wouldn’t be able to fully understand what our clients are going through and we would be able to be some of the best Ottawa personal injury lawyers.
So, from all of our lawyers, accident benefit specialists, law clerks and support staff, we thank you.
Personal Injury Lawyers in Ottawa share a recent case we’ve settled.
Compensation for Chronic Pain
Our client came to us and wasn’t sure if they had a case or not and wanted some information. Our client was a 38-year-old woman from Gatineau, Quebec. One day, she was a driver in her car and was suddenly cut off by a vehicle that turned left in front of her.
Injuries Resulting From Accident:
As a result of the accident, our client suffered very serious personal injuries including chronic neck and back pain, anxiety and psychological difficulties. Our personal injury team knew that our client would require lots of supports put in place and maximum compensation to rebuild after this accident.
Compensation For Knee Fracture:
In the beginning the insurance company and our lawyers weren’t seeing eye to eye. We continued to get our client the supports , while we worked with the insurance company . In the end, our lawyers were able to get the insurance company to settle at a private settlement conference before prolonged litigation proceedings. Our client received $ 185,000 from the tort action side of her personal injury lawsuit. While this $185,000 will never erase the damage that has been done, it can help her adjust to a new life with rehabilitation, benefits and support.
Our Injury Ottawa Lawyers Can Help You:
Our Ottawa personal injury lawyer team has a tremendous amount of experience in helping people who are suffering from chronic pain as the result of an accident. We understand how living with chronic pain can be life altering. Often times, other people do not understand the pain that our clients are experiencing on a day-to-day basis. It’s our job as injury lawyers to ensure that this is made very clear to the insurance companies. We have chronic pain specialists that we refer our clients to. We also have a team of supports in place throughout Ottawa and eastern Ontario who can help with rehabilitation. We also work closely with the families of our clients, as they are an integral part of the process. For more information that relates to compensation for chronic pain, visit www.ottawainjury.ca/chronic-pain/ . Let us help.