Ottawa Injury Lawyer David Hollingsworth discusses liability in Lawyers Weekly
David Hollingsworth was recently featured in Lawyer’s Weekly, where he discussed joint and several liability. Specifically the article mentioned what can happen when a person is injured by multiple parties. What most people don’t know is that when someone is injured by multiple parties, there may also be multiple insurance policies that can provide compensation.
In particular, David highlighted a recent tragic accident that resulted in catastrophic injuries and death. The case highlighted the importance of joint and several liability. The Negligence Act was set up for situations such as this recent tragic accident. In this case, there were multiple people and families that needed compensation. Sadly, there were limitations on the at-fault driver’s insurance policy and that policy would not be enough to compensate the multiple accident victims. In this case, the City of Ottawa was also deemed to be partially responsible (20 percent) yet they could be responsible for 95 percent of the compensation to the accident victims and their families. Because the City of Ottawa’s insurance pockets are much deeper, they actually end up making up the difference in compensation that is needed for all the families. It appears that the Negligence Act in fact protects accident victims that find themselves in a situation where there is adequate compensation available. The City of Ottawa is appealing the decision.
David later discussed another case where the courts did not attach liability to “other” parties involved in an accident and as a result the accident victims and their families did not receive the compensation that was needed.
If you would like to read the entire article, click here www.lawyersweekly.ca/articles/2640
If you or a loved one has been injured you should contact an experienced Ottawa injury lawyer to discuss what Accident Benefits you may be entitled to. Your Ottawa injury lawyer will be able to help you establish what your short-term and long-term needs will be.