Ontario Accident Benefits and Catastrophic Injuries. Good news for Ontario accident victims.

Ottawa Personal Injury Lawyers David Hollingsworth and Associates.  What injuries are deemed a catastrophic injury?  What is the definition of a catastrophic injury?  Well, it has changed and changed for the better….In an interesting case  Pastore v. Aviva Canada,  the Court of Appeal of Ontario  ruled that an injured victim  does not need to be markedly impaired in more than one area of life to be deemed  ” catastrophically impaired”.   In this particular case, the injured party had been hit in a car accident in November 2002 . As a result of the accident, her  left ankle was broken  and over time her ankle healed improperly. The injured victim  had a number of surgeries and consequently  her right knee also required surgery due to the injuries in her ankle and the manner in which she now walked.  As a result of these injuries, the victim became dependant on others for everyday activities  she once was able to perform on her own.  This dependency also affected the victim’s  emotional and psychological well-being.

In May 2005, the victim Ms. Pastore applied to the Aviva insurance company to have her injuries deemed as a “catastrophic impairment”  and it was determined that she had a catastrophic impairment :  “mental or behavioural disorder.”  It was deemed that Pastore had a class 4 or “marked impairment”  due to her daily living and she was rated with an overall assessment of class 3, which is a moderate impairment.   What this meant was that she was now meeting the threshold for a catastrophic impairment in one category.  A catastrophic impairment designation requires  impairment in all four categories.  The case was brought to the Court of Appeal and it was there decided that  Pastore’s position, according to the language in the Statutory Accident benefits  did not require “marked impairments” in each of the  four categories of  a catastrophic impairment designation.

This is excellent news for Ontario accident victims. This decision allows for additional Ontario accident benefits for injured victims.  We have many clients who thanks to this decision, will be able to receive the help and support they need.  This is great news for Ontario accident victims and their families.  Many accidents leave people with physical injuries , but also injuries such as chronic pain, and emotional and psychological impairments . Thanks to this decision, there will be increased benefits for people suffering from  these impairments.

David Hollingsworth and Associates . We are Ottawa injury lawyers with a wealth of experience .  Our lawyers work closely with you our clients to make sure no stone in unturned and that our clients receive all the support and compensation they need following an accident in Ontario.  If you are injured, it’s important that you meet with an experienced Ottawa personal injury lawyer who knows how best to help you.  There is far too much at stake to be with the wrong lawyer. We pride ourselves on our high success rate, our experience and our valuable relationships with our clients. Your future and your families future is important and we understand that.  We are here for you and with you every step of the way. Contact us for a free consultation. Visit www.ottawainjury.ca or email [email protected]

We understand, we care, we’re here to help …and our track record proves it.


What are the signs and symptoms of a concussion? Ottawa lawyer David Hollingsworth

Ottawa Personal Injury Lawyer…What are the signs of a concussion?  There are many different signs and symptoms of a concussion. Some are obvious and others  subtle.  Some conscussion signs may appear immediately and others may not be for days or even months. 

The most common signs of a concussion are headache, amnesia, confusion or loss of consciousness.

Other signs and symptoms of a concussion include:

  • headache or pressure in the head
  • slurred speech
  • loss of consciousness
  • confusion
  • nausea
  • vomiting
  • fatigue
  • no recollection of event
  • dizziness or blurred vision
  • “ringing” in the ears

Often times, after an injury signs appear later on. Often times people with a concussion may exhibit:

  • difficulty with concentration and memory
  • irritability and personality changes
  • eyes and ears are sensitive to light and noise
  • difficulty sleeping
  • depression
  • tastebuds and smell are off

Symptoms of a child concussion
Head trauma or concussions are particularly hard to identify in young children,  infants and toddlers because they have difficulty communicating how they feel.

Typical signs of a concussion in a child

  • tires easily
  • irritable or cranky
  • loss of appetite
  • trouble sleeping
  • uninterested
  • loss of balance

It is always best to have your child checked by a doctor if you suspect they may have a head injury.  Because their skulls are so soft and developing, there is a greater chance of a severe head injury occurring.  If your child is alert, moves normally and is able to respond, the head injury is probably mild and typically will heal.  If this is the case with your child and they are tired it’s OK to let them sleep. If worrisome signs develop later and you are worried, then bring them immedicately to your doctor or emergency facility.

Bring your child immediately for emergency help if you suspect a head injury and they are exhibiting the following signs:

  • vomiting
  • continued persistance of a headache
  • changes in behavior displaying irritability
  • changes in physical coordination, including stumbling or clumsiness
  • confusion: does no’t know day,events etc…
  • slurred speech
  • dilated or uneven pupils
  • difficulty breathing
  • lasting or recurrent dizziness
  • discharge from nose or ears
  • large head bumps or bruises
  • loss of consciousness ( more than a minute)
  • repeated vomiting
  • seizures
  • symptoms that worsen over time

Concussions and sports injury
If you have injured yourself and suspect you have a head injury , you should absolutely allow yourself to rest. Avoid playing sports or vigorous activity while signs or symptoms of a concussion are present. It is recommended that people who suspect they have a concussion should return to their sporting activity until a doctor has given them the “green light”.

—-The Ottawa Injury Lawyer Blog is written regularly by Ottawa Ontario personal injury lawyer David Hollingsworth. The Ottawa Injury Lawyer 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 subject  you would like to know about or  if you have a question,  please call or email me: [email protected] (613) 978-9549

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Signs of a concussion, symptoms of a concussion, head injury signs


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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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…

 


What is a Catastrophic Injury? Ontario Accident Benefits Lawyer

Ontario Catastrophic Injury Lawyer David Hollingsworth, Brain Injury Lawyer, Spinal Cord Injury Lawyer in Ottawa , Ontario, Catastrophic Injury Lawyerinjurysupport

What is a Catastrophic Injury ? Ontario Accident Benefits

Catastrophic Impairment means:

a) spinal cord injury: paraplegia or quadriplegia;

b) the amputation or  impairment causing the total and permanent loss of use of  one or both arms or legs

c) the total loss of vision in both eyes

e) brain impairment that, in respect of an accident, results in,

(i) a score of 9 or less on the Glasgow Coma Scale; or

(ii) a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale

f) any impairment or combination of impairments that results in a 55 percent or more impairment of the whole person, in accordance with A.M.A. Guide’ or

g) any impairment that results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder, in accordance with the A.M.A Guide.

Differences in benefits for Catastrophic Injury vs Non Catastrophic Injury:

1) Attendant Care payable at $6,000 per month (up to a maximum of $1,000,000) if you are insured, instead of $3,000 if you aren’t

2) Those who are insured receive a maximum of $1,000,000 for life in Medical and Rehabilitation Benefits,

3) Housekeeping benefit for life

4) Case management services are covered.

A catastrophic injury is a life altering injury for not only the person involved in the accident, but also their friends and family.  These injuries are so severe that a new “life-plan” needs to be put in place. Our Ottawa personal injury lawyers understand that there is more that just getting maximum compensation for our clients at stake.  We work with our clients medical and support staff so that when our clients are able to leave the hospital they are not “on their own”. No one should be expected to navigate that process on their own. It’s important for our clients recovery that a realistic plan and the proper supports are put in place. A catastrophic injury is life-changing and we can only help to change lives as best as possible, following a tragic accident.