Statistics: Ontario Trauma Injury and Support services Lawyer David Hollingsworth

 An accident leading to traumatic injury can happen in an instant and changes the rest of your life as well as your family.  There is help and support out their for Ontario accident victims who have suffered a traumatic injury.  As a top Ottawa and Ontario traumatic injury lawyer, I work with a dedicated team of  top rehabilitation centres, home care, accident benefit specialists, brain injury support groups, spinal cord injury support groups, Ontario traumatic injury associations and other support services to victims with traumatic injuries. If you have suffered a traumatic injury, you are not alone.  Don’t worry, we can help.  This is absolutely the most difficult time of your life and there is help here in Ottawa and Ontario for you. 

For more information on how to access these services visit www.ottawainjury.ca

The World Health Organization found that injuries—both intentional and unintentional—accounted for 16% of the global burden of disease in 1998. In Canada and the United States, injuries are the leading cause of death for those age 1 to 44. Increasingly, trauma is being recognized as a global public health concern. At the same time, trauma injuries are considered one of the most avoidable health problems: an estimated 90% are preventable.     Motor vehicle collisions were the leading cause of major injury hospitalizations with a total of 1,654 accounting for 30% of major injury in-hospital deaths. Among these cases, 56%were drivers, 19%  were pedestrians and 17% were passengers. Following motor vehicle collisions, unintentional falls represented the second most common cause of major hospitalizations (38%,) and the leading cause of in-hospital deaths (50%). Among the 1,604 cases injured in unintentional falls, the most commonly specified types were falls on or from stairs or steps (22%) and falls from slipping, tripping and stumbling (21%). information from : Ontario Trauma Registry 2011 Report: Major Injury in Ontario, 2009–2010 Data 

In 2009–2010, there were 4,235 cases hospitalized with major trauma in 11 participating facilities across 14 sites in Ontario. This represents an increase of 2.2% compared with 2005–2006, and an average annual increase of 0.44% from 2005–2006 to 2009–2010.
 
In 2009–2010, these major trauma cases accounted for 61,523 days in the participating facilities. Most (71%) of these cases were male, and the average age of all cases was 48 years. The average age of patients increased slightly over the last five years, from a low of 45 in 2005–2006 to 48 in 2009–2010. Of the 4,235 cases, 13% died in emergency departments. The number of in-hospital deaths remained stable from 2005–2006 to 2009–2010, ranging from 10% to 11% over the last five years. The number of DIEs decreased by 37% since 2005–2006, with an average annual decrease of 8%.

Analysis of the causes of injury by age groups revealed that motor vehicle collisions and falls were the leading two causes in all age groups, with the exception of cases age 20 to 34. Although motor vehicle collisions were responsible for the majority (53%) of cases in this age group, the second most common cause of injury was injury purposely inflicted by another person (21%).

———————- 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 traumatic 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 [email protected]  (613) 978-9549 

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

Ottawa injury lawyer on how to avoid Ottawa accidents and black ice. icyroads

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


Ontario Injury Lawyer David Hollingsworth wins groundbreaking catastrophic injury accident benefits case at FSCO.

Dirt bike accident results in spinal cord injury

dirtbikeaccident

A young man was seriously injured in a dirt bike accident.  He  was in his early 20s  when he suffered a serious spinal cord injury and became a paraplegic when he fell off his dirt bike while riding on a private track.  He had no insurance and thought he had no hope of getting any medical or rehabilitation benefits.

No insurance? Ontario Motor Vehicle Accident Claims Fund

Our Ottawa personal injury lawyers reviewed his case and we applied for accident benefits from the Ontario Motor Vehicle Accident Claims Fund, a fund to provide benefits for individuals injured in automobile accidents, but who have no insurance.  To access this fund, strict criteria must be met. The fund sets out to provide statutory accident benefits to people involved in an automobile accident, who have no recourse to automobile insurance. We believed this was the case for our client.  We applied for compensation for our client. We knew he needed a tremendous amount of support and applied for the maximum in compensation. The Motor Vehicle Accident Claims Fund denied the accident claim and hired lawyers to fight it.   Our Ottawa injury lawyers knew that this was our clients only chance at being able to secure funds for a long road ahead. We knew we had to fight for what was right.  Our Ottawa lawyers knew there would be a tough road ahead and that likely this case would end up being contested along the way. We persevered and took the case all the way to the Financial Services Commission of Ontario  last July and  last week the Arbitrator found in favour of granting maximum compensation and accident benefits for our client.   To learn more about the Ontario Motor Vehicle Accident Claims Fund visit www.ottawainjury.ca/uninsured-drivers/

We are so pleased that our client  now has access to medical rehabilitation benefits and attendant care benefits.  This will make a colossal difference in this young man’s life. We are so happy to have been able to help our client and his family…

 


Difference between Catastrophic injury accident benefits and Non-Catastrophic injury accident benefits

Catastrophic Injury and Non-Catastrophic Injury: STATUTORY ACCIDENT BENEFITS

Did you know that regardless of who is at fault, people injured  in motor vehicle accidents in Ontario may be entitled to certain accident benefits from their own motor vehicle insurance company regardless if they have suffered a catastrophic injury or not?

Even if you do not have car insurance, if you suffer personal injury in a car accident , you are entitled to receive compensation from the Ontario government.

Effective September 1, 2010, the SABS or  Statutory Accident Benefits Schedule  states that among other Ontario accident benefits available, Ontario accident benefits include:

  • an Income Replacement Benefit of up to $400 per week,
  • an Attendant Care Benefit of up to $3,000 per month with a maximum of $36,000, and
  • Medical and Rehabilitation Benefits of up to $50,000 over a 10 year period following an Ontario accident.

If a person dies in an Ontario motor vehicle accident, Ontario accident benefits are available for Funeral Expenses as well as a Death Benefit.

If the personal injury is more serious and is deemed within the definition of “catastrophic impairment injury”, there is an increase to:

  • $1,000,000.00 in Medical and Rehabilitation Benefits and
  • $1,000,000.00 in Attendant Care Benefits which are payable over the course of an injured person’s life.

People who have suffered catastrophic injury are also eligible for Case Management Services as well as other Ontario accident benefits such as Housekeeping and Home Maintenance Benefit of $100.00 per week payable for the duration of their lifetime.

What is the difference between a Catastrophic injury and a Non-Catastrophic injury?

Let’s start by looking at the Ontario accident benefits…

What are NON-CATASTROPHIC benefits?

  • Income Replacement Benefit – 80% of net weekly income up to maximum of $400.00 per week to a maximum period of 104 weeks.
  • Non-Earner Benefit – $185.00 per week to a maximum period of 104 weeks.
  • Caregiver Benefit – $250.00 per week for 1st child and $50.00 per week for each subsequent child to a maximum period of 104 weeks. Only applies for children under the age of 16.
  • Attendant Care Benefits – $3,000.00 per month maximum to a maximum period of 2 years.
  • Medical and Rehabilitation Benefits – $50, 000.00 maximum. 10 year maximum period.

What are CATASTROPHIC INJURY benefits?

  • Medical and Rehabilitation Benefits – $1,000,000 to use over the course of the injured person’s life.
  • Attendant Care Benefits – $1,000,000 to use throughout life.  Monthly payment maximum is $6000.00

What are these Ontario Accident Benefits?

  • Income replacement benefits help replace lost income if an employed or self-employed claimant is disabled.
  • Caregiver benefits pay certain childcare or other caregiver expenses if a stay-at-home parent or other caregiver is unable to care for a child or other person in need of care.
  • Non-earner benefits are paid if a claimant who is not employed or self-employed is unable to carry on with normal life.
  • Medical and rehabilitation benefits pay for treatment and rehabilitation assistance that is not covered by OHIP or another disability insurance plan.
  • Attendant care benefits pay for someone to look after a seriously injured claimant.
  • Funeral expenses and death benefits are paid if an insured person dies as a result of the accident.

Depending on your circumstances, you may also be entitled to other benefits, such as payments for lost education expenses, housekeeping assistance, visitors’ expenses, repair or replacement of eyeglasses or clothing damaged in the accident, or case management services.

Each and every case is different and to know exactly what you are entitled to, it is best to consult an Ontario personal injury lawyer specializing in Ontario car accidents.

 


Ottawa Car Accident Statistics, Ottawa Accident Rate High for 2010

Ottawa Personal Injury Lawyer David Hollingsworth, Ontario Car Accident Lawyer…So far in 2010, people have died in 22 motor vehicle accidents in the Ottawa area. That’s roughly the same number of fatalities in each of 2008 and 2009. As well, almost all of this year’s fatal collisions have happened in the spring and summer. There were two in January, then none until April 11.

Three fatal hit-and-runs occurred within 90 minutes of Ottawa on the evening of Sept. 9, 2010. A 16-year-old biking home from work in Greely, a 63-year-old woman out for her daily walk in a village west of Gracefield, Que. and a 54-year-old man riding his scooter near Brockville were killed. All 3 accidents were avoidable and there seems to be no explanation for the unusually high number of fatal collisions.

Investigations into a number of high profile collisions in Ottawa are ongoing, such as the motorcycle accident that took the life of senior Liberal communications aide Mario Laguë, a student driver who was involved in a collision with a cyclist who was pinned and dragged under her SUV, and the accident leaving Ottawa Senators team doctor Donald Chow in hospital in critical condition .

Ottawa accident statistics

New York-based traffic expert Sam Schwartz said fatal collisions are up worldwide this year as economies recover from the recession and more people can afford to drive. With no patterns, links or explanation for the high number of fatal collisions, there’s no way to know how high the toll might climb, but even a few more fatal crashes will make the tally for 2010 significantly higher than the past two years. We’re at the middle of September and Ottawa car accidents are already at the level they were at for the previous two years. And we’ve still got the rest of 2010 to go…Ottawa accidents have also resulted in a bad year for fatalities

2008 there were 2023 accidents

2009 there were 2225 accidents

and now in 2010 (so far) there have been 2224 accidents.

As an Ottawa personal injury lawyer, I too have seen an increase in the number of accident Ottawa accident victims that need my help.  As a Ottawa personal injury lawyer and a Ontario personal injury lawyer, I have some very serious concerns about the changes the Ontario government announced with the new regulations for auto insurance in Ontario, specifically the reduction of medical and rehabilitation expenses from $100,000 to $50,000. This reduction in medical and rehabilitation expenses will have a significant impact on accident victims in Ottawa and  Ontario. Unfortunately it will have a tremendous impact on Ottawa accident victims who are seriously injured but not necessarily catastrophically injured. In this case the medical rehabilitation benefits may run out before they can apply for catastrophic benefits at two years. What is equally disturbing about the proposed changes is that many accident victims who by the time of their injury have a psychological component, (ie: psych treatment, physio treatment, occupational therapy treatment, or home modifications) will be in need of more. Home modifications for example, building a ramp to your front door, or modifying your washroom to accommodate your disability or get a stair lift, all of these things come out of this settlement . In other words , a small amount of money over a ten-year period just won’t go that far and won’t be enough ! In addition to the reduction in available benefits, the new regulations also affect assessments. In addition to reducing the amount of medical and rehab expenses, the proposed changes want to have the cost of insurer assessments in the victim’s settlement.
 

The role of a Ottawa personal injury lawyer

More importantly than ever, my role as a Ottawa personal injury lawyer and Ontario personal injury lawyer will be critical in obtaining maximum compensation for Ontario accident victims.  I am  dedicated to this and offer  free consultations and make  home visits or hospital visits. Visit www.ottawainjury.ca mobile   (613) 978-9549      (613) 237-4922 ext.203 


Ottawa bicycle safety ? Are Ottawans at risk? Ottawa Lawyer David Hollingsworth shares..

 Ottawa bicycle accident lawyer David Hollingsworth, Ottawa Pedestrian Accident Lawyer 

A new poll in Ottawa seems to suggest that Ottawa citizens would be interested in the prospect of increased bicycle culture in Ottawa. More Ottawa citizens would cycle to work if the paths were made safer to use, and the bicycle culture of Ottawa promoted generally, including more dedicated bicycle paths, accommodation by transit facilities, and improved bicycle storage areas. Each year, countless deaths and serious injuries occur do to bicycle injuries. These tragic rates of injury, combined with the results from this new study, seem to suggest that we could do more in terms of bicycle reform and culture in Ottawa to help prevent lives and save innocent victims from getting hurt each year on our city streets and pathways in Ottawa.

Some controversy exists between experts regarding if separate bicycle lanes actually reduce accidents and personal injury. One perspective argues that there’s no basis to conclude that it is not safe to cycle on the streets of Ottawa. Only a few high-profile accidents, this side argues, make it appear to Ottawa residents that bicycle culture is not currently conducive to high levels of safety. Currently, about 31 % of Ottawa poll participants state that they would be more likely to bike to work or school if roads were made safer for cyclists.

According to the 2001 Statistics Canada Census data, about 2 % of employed people in Ottawa bike to work. Thus, it is clear that there is a strong basis of bicycle culture already well established, and a willingness to cycle to work in general by the people of Ottawa. 82 % of poll participants felt that the city should do all it can do to reduce Ottawa cycling accidents. At the same time, 23 % of respondents said they would not bicycle to work under any circumstances. Other Ottawa residents said they would consider the prospect of cycling to work if it were made easier to take bikes on public transit. Another 5 % wanted more secure places to lock up their bikes. In terms of gender disparity, more men than women seem amiable to bicycling to work (39 % vs. 19%, respectively).

 


David Hollingsworth selected -Ottawa Business Journal Forty Under 40 Award -OBJ –

Ottawa Personal Injury Lawyer- David Hollingsworth -Ottawa Accident Lawyer . I am excited to share with you that I have been chosen by the OBJ for the 2010 Ottawa Business Journal Forty Under 40 Award. Congratulations  and I look forward to meeting the other recipients and thank everyone for nominating me and supporting me in what I do each day as a Ontario personal injury lawyer.        forty_under_40

Top 40 under forty Ottawa lawyer

“As always, it was a fascinating and arduous process to arrive at this year’s recipients,” says OBJ publisher Michael Curran, who chairs the judging panel. “In spite of a challenging business environment, we believe this year was a record number of nominations that represent all major economic sectors in Ottawa. I think that speaks the quality of business talent in this city.” Mr. Curran says the assessment of nominations is taken seriously by all judges, who together spent 100 hours individually reviewing and ranking each submission. The committee included University of Ottawa Telfer EMBA director Dr. Terrence Kulka, OCRI Entrepreneurship Centre manager Michael Burnatowski, Cellwand Communications CEO Nick Quain, OBJ editor Jim Donnelly and Mr. Curran. “While both the quantity and quality of applicants were higher than ever this year, it was also interesting to note the growing number of younger entrepreneurs whom are clearly knocking on the door for this award. A great sign for the future of the Ottawa business community, to be sure,” said Mr. Quain.

OBJ- Ottawa Business Journal

There are so many wonderful businesses in Ottawa and we are fortunate to be living in a community with such talent. I’m honoured to be amongst this group of recipients.  All nominations are assessed under a strict criteria of  a 40-point system: 20 points are awarded for business achievement, 10 points are awarded for expertise and finally 10 points are awarded one’s for community involvement. The 2010 Forty Under 40 recipients are: Mike Abbott, Deloitte, Nazim Ahmed, DNA11/CanvasPop, Scott Annan, Mercury Grove Inc., Georges Ata, Intelcan Technosystems Inc. Jamie Barnhardt, OCM Manufacturing, Jeff Bauder, Bauder Media Group Inc. (Flagstick Brands), Greg Bell, Lumenera, Heidi Bonnell, Rogers Communications Inc. Nicki Bridgland, Ottawa/Kingston/Halifax/Moncton Sport and Social Club, Shawn Cadeau, Corel Corp., Julie Cafley, University of Ottawa Marisia Campbell, QNX Software Systems Co., Michael Crockatt, Ottawa International Airport Authority, Erin Crowe, Senators Sports & Entertainment Craig Doornbos, OttawaKiosk.com, Steven R. Edgett, EMS Technologies Canada, Ltd., Darren Fleming, CresaPartners, Samer Forzley, eBillme Duane Francis, Adam Capital – Manulife Securities, Geoffrey Gilbert, Ogilvy Renault LLP, David Greenall, Deloitte & Touche LLP David Hollingsworth, Goldberg Wiseman Stroud Hollingsworth, Rob Imbeault, 10Count Consulting Inc., Katherine Lafferty, Canadian Stroke Network & Watson’s Pharmacy Eric Lang, Knor Plast Inc., Cathy Lewis, Abbott Point of Care, Travis Lindgren, Learning Tree International, Mahesh Mani, KPMG LLP Peter McIntosh, The McIntosh Group, Dr. Colleen M. McQuarrie ND, Ottawa Integrative Health Centre, Ahmed Metwally, XTEAMS Consulting Services Corp. Carl Nappert, Maplesoft Group, Adam C. Nihmey, PricewaterhouseCoopers LLP, Sanjeev Parmar, Parmar Sports Training Inc. Regi Roy, Titus Labs Inc., Stuart Russell, YOUiLabs Inc., Kevin G. Taylor, Casino du Lac-Leamy, Dave Walsh, Ernst & Young LLP Shari Westman, Comfort Keepers, Kirk Wrinn, Moore Wrinn Financial Group Inc.

Congratulations to all OBJ recipients.

 


Ontario Accident? Need an Ontario lawyer ? What you should do…

Ottawa Lawyer, Ottawa Injury Lawyers…Ontario Accident? What you must do…

Ottawa personal injury lawyer shares what you can do if you have suffered a personal injury.

Life can become extremely difficult when an accident or personal injury occurs and challenges your routine in life, and stops you from being able to enjoy activities with your loved one’s and family, whether they may be as simple as holding your son or daughter in your arms, and taking your dog for a walk. A minor injury can become serious when it affects you and changes your life. For the unfortunate among us who have experienced the death of a loved one and close friend, the scars that remain can last a lifetime. No amount of monetary award or benefit can fully compensate for the loss. Putting a price tag on how much a personal injury has cost can seem impossible, given that the only thing one could really want in such circumstances is to un-do the accident or have the loved one back.

In these circumstances, is vital for you to seek help from appropriate avenues, including close family, friends, health services providers, the services of an experienced and caring lawyer. It is important to have as many people on your side as possible. Getting advice from one of the best Ottawa personal injury lawyers is always good idea. David Hollingsworth meets daily with people who have been in an accident and just want to know what their rights are.

Why you should see experienced Ottawa personal injury lawyer:

– Conduct a prompt and thorough investigation of the accident scene

– Get medical advice (aches and pains often take a few days to develop and some injuries are not obvious).

– Preserve critical evidence at the scene (you may not know what is important and what is not)

– Start your potential lawsuit before your statute of limitations expires

What you need to consider after an accident:

– Medical circumstances: Go to a doctor ASAP to get checked out.

– Witnesses: If possible, get their address and phone numbers. It will be nearly impossible to reach them once everyone departs

– YOUR OWN notes: important details are still in your memory, so now is the time to write it down.

– Your Ottawa personal injury lawyer should be consulted as soon as possible.

– “On the spot” settlements can often leave you with less than you deserve. Your doctor will look at the extent of all your personal injuries, your need for medical treatment or perhaps surgery. An “on the spot” settlement may limit and restrict any future treatment.

If you have suffered a personal injury due to an motor vehicle accident, or any kind of personal injury from any other kind of accident, there are important reasons why you need to consult with an Ottawa personal injury lawyer as soon as possible. Waiting can often hurt your case as we have discussed. As time passes, materials can get forgotten and it may become impossible to collect crucial evidence and information. In short, if you wait, it can be much more difficult to prove your case.

This blog is prepared daily to report on Ontario accidents, personal injury law and resources available to Ontario residents.  David helps Ontario accident victims get  insurance benefits, support and proper rehabilitation they need after an accident.  David Hollingsworth has been an Ottawa Ontario personal injury lawyer  helping Ontario accident victims since 1999, with an established Ottawa law firm of more than 50 years of experience.

 

 


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

Ottawa accident Lawyer David Hollingsworth explains Ontario No-Fault Accident Benefits

Important: Report Your Accident!

The first step in the personal injury process is to report your accident! If you have been injured in an accident in Ottawa or Ontario, there are specific rules that must be followed to secure your personal injury claim. Your top Ottawa personal injury lawyer can help you through this process, to help you gain compensation for your injury, lost earnings, pain and suffering, or simply getting the insurance company to repair or replace your car. Remember, if you do not report the accident, the insurance company will not pay for any of these things enumerated. Top Ontario Personal Injury Lawyer David Hollingsworth can help you to ensure that you do not risk losing out on the many important benefits expanded upon below.

The “No-Fault” System of Insurance

In Ontario, we have a “no-fault” process or set of rules for auto accidents. These benefits are called “accident benefits” and basically mean that irrespective of who is responsible or “at fault” for the accident, you are still entitled to a large range of benefits to help you in a time when you are most vulnerable and need the benefits most. Generally, this system of insurance was introduced to provide accident victims with a large variety of benefits to foster their rehabilitation and to reduce the number of claims against insurers.

It is important to note, that such benefits do not cover damages for pain & suffering, or future income-loss. A lawyer will need to be retained if you want to claim for a tort action to recover for such things. A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general. A tort action is lodged against the driver who may have caused your accident. To succeed with a tort claim, your injuries need to be of a “serious and permanent” nature. This requirement of “serious and permanent” to claiming in tort is known as the “threshold”, subject to judicial interpretation and defined by the courts. A top Ottawa personal injury lawyer such as David Hollingsworth will the fluency to understand the fluid nature of the threshold, since the judicial interpretation of the threshold changes constantly. Your success depends on the facts of your case, and how the case is presented. Generally, a victim of an Ottawa personal injury or auto accident has two cases: first, a no-fault case against the insurance company and second, a tort case against the person or insurance company for the driver responsible for the accident. There may be an accident benefit claim and no tort claim or a tort claim and no accident benefits claim, and sometimes there is both a claim in accident benefits and tort. In short, your success depends on the facts of your case, the extent of the injuries, and the skill of your top Ottawa Lawyer. An experienced lawyer can help to explain the nature of the threshold, and it’s complexities to you so that you do not lose out on the benefits that you deserve.

Top Ottawa Personal Injury Lawyer David Hollingsworth can help you to recover accident benefits, including (1) Medical/Rehabilitative, (2) Income Replacement (3) Caregiver Benefits, (4) Housekeeping / Home-maintenance Benefits, and (5) Attendant Care Benefits.

(1) Medical/Rehabilitative Benefits

As the name implies, Medical and Rehabilitative Benefits are designed to deal with costs of treatment for physiotherapy, chiropractic, massage therapy, health club, adaptive/assistive devices, aquatic rehabilitation, and generally any other relevant treatments deemed reasonable and necessary for your recovery secondary to your accident. The list of features provided by these benefits is extensive, and can include devices such as therapeutic beds, wheelchairs, canes, ramps and even modified vehicles to accommodate for your accident injuries. A health care professional like a physiotherapist, massage therapist or a doctor must complete a “treatment plan” for you in order to recover these benefits. This is form is submitted to the insurance company for consideration. Generally, accident victims in a “non-catastrophic” cases are entitled to a maximum of $100,000 in benefits over 10 years in med/rehab benefits. Accident victims in “catastrophic cases” are entitled to a maximum of $1,000,000 over the course of a lifetime.

(2) Income Replacement Benefits

Income replacement benefits are designed to replace your income if you are not able to work secondary to your accident. Generally, there is an 80% entitlement to 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). Generally, the maximum allowable income replacement benefit under a standard automobile insurance policy in Ontario is $400/Week. Issues can arise in claiming income replacement benefits when it is difficult to prove that you were working before your accident, or quantifying your pre-accident income, and so on. An experienced lawyer can help you in this regard because they will know the “ins and outs” of the entitlement opportunties for you.

(3) Caregiver Benefits

Caregiver benefits are designed for individuals who were the primary caregiver for a dependant, such as a young child, elderly person or sick person, at the time of their injury. Due to the injury or accident, these individuals are not able to care for their dependants any longer and require caregiver benefits. Generally, you do not need to show that you made any income prior to your accident. Rather, you are only required to demonstrate your status as the primary caregiver. As to weekly benefits, the caregiver is entitled to about $250/week, with an additional $50 for each extra dependant. A good lawyer will know these details about your benefits and can help you get the benefits you deserve.

(4) Housekeeping/Home-Maintenance

Housekeeping/Home-maintenance benefits are designed to help the accident victim to complete necessary chores, housekeeping or home-maintenance, including the cleaning of dishes, preparation of meals, general cleaning like dusting, mopping, taking out the garbage and so on, which become impossible in situations of physical impairment and injury following your accident. These benefits are generally $100/week and can be claimed by submission of appropriate receipts and invoices to your insurance company. If you do not submit these required documents to your insurer, you will not get these benefits, regardless of how hurt you are. A compassionate lawyer will understand the difficulty you may face with the stress of your injury and can help you to work out a plan so that you are not losing out on any benefits that you deserve.

(5) Attendant Care Benefits

Attendant Care Benefits are designed to compensate for individuals such as your family, friends, loved ones, or whomever is performing attendant care services for you after your injury. These benefits are designed to pay these individuals for their services, which after a tragic injury can include grooming, bathing, grocery shopping, brushing hair, putting on clothes, brushing teeth etc, when the accident victim is no longer able to do so secondary to their accident. As in the other benefits, a lawyer can help you to recover these costs. The process involves enlisting the services of a health care professional (e.g. occupational therapist, etc) to complete a “Form 1”. This form will describe the extent of help and care requirements a victim needs following their injury.

In short, 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. Each year, thousands of victims neglect to see a top Ottawa Lawyer and lose out on many benefits that they deserve that could help them in their recovery. Top Ontario Personal Injury Lawyer David Hollingsworth can help you to ensure you protect and safeguard your interests by recovering your benefits, which can include (1) Medical/Rehabilitative, (2) Income Replacement (3) Caregiver Benefits, (4) Housekeeping / Home-maintenance Benefits, and (5) Attendant Care Benefits. If you do not have insurance, you may still be entitled to these benefits. As an experienced Ottawa personal injury lawyer, David Hollingsworth speaks and meets with people daily who have not been properly compensated by their insurance company. David Hollingsworth knows the system and is here to help you. You have been through an accident; you have been through enough. Visit www.ottawainjury.ca or email [email protected] for a free consultation.

-David Hollingsworth, Ottawa Personal Injury Lawyer


Review and Recommended Changes to Auto Insurance in Ontario

Among a number of significant changes to the current Ontario accident benefits regime , the Financial Services Commission of Ontario is considering the following changes to the tort regime (suing the at fault driver) in Ontario which would provide greater access and a more equitable and fair system of compensation and rehabilitation for victims of motor vehicle accidents:

Release of 5 Year Review of Auto Insurance by FSCO

The 5 year review of auto insurance in Ontario was released today by the Superintendent of FSCO.  The report contains 39 recommendations for auto insurance reform with a focus on achieving savings from accident benefits. From my perspective , they are very serious recommendations that severely impact Ontario drivers.

Some of the suggestions include:

1.     A  reduction on the deductible on non-pecuniary general damages from $30,000 to $20,000;

2.     A  reduction on the deductible on Family Law Act claims from $15,000 to $10,000:

3.     Eliminating a $15,000 deductible for fatal accident claims,

4.  Revoking the regulation defining the Verbal Threshold.

You have a right and a say.  Please consider contacting your local MPP to discuss these changes and voice your concerns.  The rights of Ontario accident victims need to be heard and most of all protected.  You may  not think this is important, but believe me , should you ever become seriously injured, it will be more important than ever that you have a clear understanding of what accident benefits you are entitled to, as well what deductibles you will be required to pay.  The injuries caused by accidents not only bring about pain, they can bring very significant costs as well for medical treatments not covered, as well as lost income from work in some cases.

My personal injury lawyer team and I will continue to watch closely the changes, development and  implementation of Ontario’s  proposed changes and work to ensure justice for accident victims’ to receive fair compensation for their losses and suffering.