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We worked closely with “JP” to ensure he received maximum compensation for his injuries. JP was a 28-year-old single man from Crysler, Ontario. One day, he and his friend were in a vehicle that was involved in an accident and the car rolled over. JP was the passenger. The accident occurred on rural route 600 West, close to Cornwall, Ontario. JP’s father found him shortly after the accident and rushed him to a nearby hospital to be treated for severe injuries.
Injuries Resulting From Accident:
Our client suffered very serious personal injuries including a neck fracture, orbital bone fracture, chronic pain, post concussion symptoms, depression and anxiety as the result of the roll over accident. His injuries were life changing and he was unable to resume the life he once had prior to the accident.
Compensation for Chronic Pain Injury:
Our injury lawyers understood that our client wanted to move on and we arranged for a private settlement conference with the insurance company of the driver. Both sides of the claim worked together and the insurance company understood the severity of our client’s injuries and we were able to get the insurance company to settle out of court. There were 2 sides to JP’s lawsuit: The tort side and the Accident Benefits claim. Throughout his case, we were able to help our client receive necessary accidents benefits such as medical and rehabilitation benefits. JP received $410,000 from the tort action and continues to receive Ontario Accident Benefits from his own insurance company such as income replacement. Our Ottawa injury lawyers understand that while this $410,000 will never erase the damage that has been done, it can help our client begin adjusting to a new life with rehabilitation, benefits and support. We wish him all the best and are glad we were able to help.
Without getting into the details of any one case, we wanted to share with you a bit of information on a Bar, Tavern or Drinking Establishment’s liability when it comes to accidents and compensation. Our Ottawa personal injury lawyers help people who have been injured in accidents. Sometimes these accidents involve people who have been hit by someone who was impaired. What many don’t know is that in these cases , not only can the insurance company of the driver be tagged with responsibility , the drinking establishment or bar can also be tagged with additional responsibility . This opens up the ability for more compensation. For example, if an injured party will require $2 000 000 in compensation for their injuries but the policy limits of the driver that caused the accident are only $1 000 000, then the injured party can go after the remaining compensation through the insurance policy of the drinking establishment. Often times, these establishment have very high insurance policy limits and are able to cover the remaining balances , if they are deemed responsible. In some cases, the drinking establishment can be found fully or partially responsible , depending on the nature of the circumstances.
Over Serving Alcohol . A Bar’s Liability.
All Bars ,Taverns and licensed drinking establishments serving alcohol in Ontario must comply with the Liquor Licence Act. All staff employed at a Bar, Tavern or drinking establishment must also be certified by Smart Serve. When these laws aren’t maintained, often times liability is determined against Bars, Taverns and drinking establishments when an accident occurs that results in injuries. In Ontario, the law clearly states that if a Bar or Tavern is found responsible for serving alcohol to someone who is already visibly intoxicated and that intoxicated person causes severe injury to another person or themselves, the Bar/Tavern is held liable for personal injuries and compensation. This law not only applies to motor vehicle accidents, but also fights and accidents on the premise.
What to do if you have been injured.
If you have been injured as a result of being over served or someone else being over served, it’s important you learn your rights. Our lawyers are experienced in obtaining video surveillance, gather witness statements, expert opinions and accident reconstructions . You have rights. Our Ottawa personal injury lawyers understand that the accident has happened and we can’t change that. We can however change what happens moving forward. Right now, you may need information or you may need us to step in and take over for you. We can protect and represent you and your rights. You do not pay us until you have received your compensation. Let us help. Call us for a free consultation.
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.