Ottawa Personal Injury Lawyer David Hollingsworth…As you may know I often am asked to appear on CTV to discuss issues that relate to Ottawa personal injury, Ontario personal injury, liability in Ontario, brain injury, spinal cord injury, Ottawa law firms, catastrophic injury claims, trauma injury, slip and fall insurance claims and liability issues. I recently uploaded some of the segments. They can be seen here:
If you have any questions that relate to Ottawa Personal Injury or Ontario Personal Injury and think you may need an Ontario lawyer in Ottawa, feel free to call me for a free consultation. Visit www.ottawainjury.ca
———————- The Ottawa Injury Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer representing Ottawa accident victims 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 firstname.lastname@example.org (613) 978-9549
Ontario Insurance Claims Lawyer, Ottawa Ontario Personal Injury Lawyer David Hollingsworth
Did you know that bicycle helmets can prevent up to 88 % of brain injuries when used properly? Sadly, Ottawa bicycle accidents can happen anywhere, anytime.
Earlier this month, Ottawa Mayor Jim Watson announced June 5, 2011 as Helmet Day in the City of Ottawa to support the avoidance of personal injuries and to emphasize the importance of wearing proper safety head gear while being active.
“We are very fortunate in Ottawa to have an environment that is well-suited to cycling and in-line skating,” said the Mayor . He made it clear how supportive he was of an active, but safe lifestyle. “We are encouraging all residents to purchase an appropriate helmet before enjoying their favourite summer activities.”
We all know how important it is whether we are riding a bicycle or strapping on in-line skates to take safety precautions to protect ourselves; however, we don’t always do. The awareness is there and still coming , but not everyone is strapping on a helmet and some are strapping on helmets that are inadequate and would not protect them. The City of Ottawa continues to make efforts to keep residents safe and raise awareness of helmet safety in the hopes of preventing severe head injuries.
How do help reduce your chances of a severe head injury- Ottawa bicycle accidents
1-Make sure there is a CSA or CPSC certification on the helmet.
2-All helmets should fit level and square on the head, and the front should be 2 fingers distance from the helmet to eyebrows. The helmet straps should be adjusted to meet just below the ear in a V shape, and fastened comfortably.
3-All helmets should have a snug fit, allowing only one finger between the chin strap and your chin.
4-Proper helmets must be worn by all cyclists who are under the age of 18. I recommend that EVERYONE should wear a helmet to protect themselves from serious head injuries.
Each year, approximately 5,700 Ottawa area children under the age of 20 visit Ottawa hospital emergency rooms for serious head injuries. Sport activities make up a large percentage of head injuries among children and youth.
As an Ontario injury lawyer, I meet regularly with Ontario accident victims who have suffered severe head injuries and their lives have been altered forever. I urge everyone to please equip themselves with a proper helmet. It could save your life !
Chances are unless you’ve been in an Ontario car accident , you do not know and may never need to know what accident benefits are. Did you know that you’re entitled to benefits regardless of who caused the car accident? Are you aware of all your accident benefit entitlements? If you or a loved one has been injured in a car accident, it’s important to know and protect your rights.
How can a personal injury lawyer help with accident benefits?
In Ontario, victims of motor vehicle accidents can obtain accident benefits through their own Ontario insurance company. Ontario law states that an accident victim needs to file an Application for Accident Benefits within 30 days of the Ontario car accident. Once the claim has been filed, there are several steps that need to be followed in order to ensure that you receive the maximum compensation you are entitled to. The process is complicated and stressful and unfortunately it comes at the worst time in your life; after an accident. You are suffering from your injuries and are faced with some complicated paperwork. A good Ontario personal injury lawyer can help you right from the start by helping you navigate the complicated and arduous process of filing an Ontario Accident Benefits claim and ensure you are properly covered and compensated for moving forward. Good personal injury lawyers will facilitate the process from start to finish and work with your Ontario insurance company to ensure your rights are protected. You could be entitled to Income Replacement Benefits, Housekeeping, Attendant Care Benefits, Medical and Rehabilitation Benefits, and possible more.
David Hollingsworth has a team in place that help his clients solely with their accident benefits applications. He and his team immediately put accident victims at ease by removing a huge and stressful burden allowing them to focus on what they should be focussing on; themselves, their recovery and their family. If you have suffered from an Ontario car accident, call David for a free consultation and an explanation of the Accident Benefits system, even if you’ve already submitted the Application for Accident Benefits; he would be happy to discuss your ongoing claim with you and share his insights with Ontario personal injury law and accident benefits compensation.
Alexandria, Arnprior, Belleville, Brockville, Clarence Creek, Cornwall, Embrun, Gananogue, Hawkesbury, Kemptville, Kingston L’Orignal, Mississippi Mills, Morrisburg, Napanee, Navan, North Gower, Pembroke, Perth, Peterborough, Picton, Prescott, Renfrew, Richmond, Russell, Smith Falls, Vankleek Hill, and Tweed Ontario Accident Lawyer David Hollingsworth…
Ottawa Accident Lawyer- Ontario Personal Injury Lawyer David Hollingsworth– The Ontario government has made changes to your auto insurance policy that have a direct impact on each and every one of us and come in effect September 2010.
Ontario Auto Insurance Changes: This summer, all Ontario drivers will be faced with the important decision of whether or not to purchase optional insurance -a basic automobile insurance package with reduced statutory accident benefits. My fear is that unfortunately, times are tough and most drivers will most likely opt for basic coverage.
Will you be affected? If you are in an accident and suffer a non-catastrophic personal injury, the answer is YES, you will.
Drivers with insurance who are in an accident and are deemed to have a non- catastrophic injury are the ones most negatively impacted by the Ontario government’s changes. The Ontario government is in the process of creating a basic insurance package of statutory accident benefits that lowers compulsory Medical and Rehabilitation benefits coverage to $50,000 from the previous $100,000. Attendant Care benefit insurance coverage will be reduced in 1/2 to $36,000 with other important restrictions.
As a Ontario personal injury lawyer, I highly recommend drivers to purchase the optional increase in Medical and Rehabilitation benefits for up to $1 million (which would include $72,000 for Attendant Care). Unfortunately the reality is most drivers will probably purchase the basic coverage. This, is in my opinion dangerous.
There are also major reductions in accident benefits for accident victims with a non-catastrophic injury claim. The Medical and Rehabilitation and Attendant Care benefits have been drastically reduced and Housekeeping and Caregiver benefits (unless you are catastrophically injured) have been completely eliminated. In most cases the at-fault insured driver will bear the costs of the reduction in the accident benefit insurance claim.
The definition(s) of catastrophic impairment has also changed, making it more difficult for accident victims to access their benefits. Assessment costs will now be deducted from the medical and rehabilitation benefits and that change will reduce the benefits available considerably. This means the costs to access your needs will now come out of your benefits, which is now reduced and capped. Meaning again, less compensation for Ontario accident victims.
Also of note, the definition of a catastrophic impairment changed and now will include single limb amputees and the evaluation of catastrophic impairment will be restricted to those practitioners who have both training and experience with catastrophic injury cases.
Unfortunately, basic auto insurance coverage does not adequately compensate Ontario accident victims and their families with the costs that are necessary in most accidents. I sincerely hope and recommend to everyone to purchase the extended coverage; knowing that will be difficult for a lot of people to come up with the extra funds each year; but in my opinion, this is an expense you don’t mess around with. I urge you to do what you can do to purchase the extended coverage.
At the best of times, Ontario’s car insurance regime is complicated and difficult to understand. If you are injured in a car accident in Ontario, you are probably entitled to certain “no-fault benefits”, but you may also have the right to sue at-fault parties for your personal injury. The right to sue is not unlimited in Ontario. There are many more proposed changes that will have a direct impact on you. For a detailed list and more information; feel free to email me for your FREE guide to Ontario’s auto insurance changes.
Ottawa Personal Injury Lawyer David Hollingsworth -Ottawa Accident Lawyers.. I had the pleasure of speaking with Richard and thought I would share this article from the Ottawa Citizen with you….I wish him and his wife Maureen continued success in their recovery.
Richard Perrin was in a terrible accident. He was thrown off a motorcycle at 160 km/h. He explained to the Ottawa Citizen newspaper…”I came out on the wrong side of the risk-reward equation. Thankfully he was alive, following a serious motorcycle accident that left him paralyzed from the rib cage down.
Richard Perrin could be described as obsessed with motorcycles. For over 10 years, he dreamed of various bikes and gleaming motorcycles riding through the desert sand. In particular , he had his eye on one bike. “The Valkyrie from Honda” was the object of his affection. Richard knew he had to have it and decided to sign up for an introductory motorcycle course at the Ottawa Safety Council.
Perrin bought his first bike from his future wife, Maureen and together they began touring New Hampshire, New York, Vermont, Maine, Newfoundland and England. Richard’s bikes were not only his hobby, they were his passion and he spent many hours tinkering away on old motorcycles and reading motorcycle magazines in his garage. Soon enough, the pictures in the magazines became part of his real life. Richard not only looked at the racers in the magazines, he was going to become one of them.
He started racing four years ago and joined the Vintage Road Racing Association. Richard joined this like minded group of motorcycle enthusiasts and began devoting himself to winning his motorcycle class. He trained hard and in the off-season, he worked out in his basement, while watching motorcycle races on TV.
Then on Aug. 14, 2009, Robert entered in the summer’s premier event at Mosport International Raceway and things took a turn for the worse. While travelling over 160 km/hr, Richard lost control of his bike and ended up in The Ottawa Hospital Rehabilitation Centre. Richard was air lifted to a nearby hospital where he underwent surgery to relieve the pressure on his spinal cord. Perrin was paralyzed from the ribcage down. He had suffered an incomplete spinal cord injury. The first few days in the hospital were filled with fear. Richard spent his time thinking about what he had lost, thinking about his wife and children and how this accident would forever change their lives . Doctors were unable to tell him if he would ever be able to walk again.
Thankfully, Richard also knew that these thoughts would not serve him well. He would allow himself only short sessions of grief, 20 minutes at a time. He knew he needed to focus on being positive. ” I decided then that I was going to be relentlessly positive through all of this experience. …“Really, I knew I was lucky because you don’t come off of a motorcycle at near top speed and go tumbling along and live some kind of life that is still OK. I still had my kids. I still had my wife” he told the Ottawa Citizen.
His wife Maureen remained supportive throughout. When Richard arrived at the Ottawa Rehab Centre in September 2009, he was unable to sit up or transfer to his wheelchair. He required a nurse to help him use the bathroom and dress himself. He needed significant support. And support he received. Four months later, his determination has led him through numerous physiotherapy sessions. He spent months working on building muscles and strength in his legs.
Perrin still has sensation in his legs and can feel pressure exerted on his quadricep. The first day he stood in rehab was exhilarating. All his months of hard work paid off. Richard is realistic in his goals and knows he won’t be running to the store anytime soon, but for now, is happily accepting these baby steps. There is still much uncertainty. Perrin’s rehabilitation physician, Dr. Vidya Sreenivasan told the Ottawa Citizen “All we’re able to say is that it is a good prognosis in that there is potential for motor recovery,” “There’s still a lot of really big question marks as to where his recovery is going to take him.” The physician pointed out that Richard possesses a winning attitude and channeled his anger into getting better and being constructive.
Richard knows his outlook has been influenced by his experience as a competitive athlete, which taught him the road to improvement is marked by pain and frustration. Richard accepts full responsibility for his actions. He knew the risks and was well aware of the dangers of the motorcycle races. He doesn’t blame anyone for the accident. He isn’t asking himself ‘Why me?’ He knows why. He also knows that most motorcycle accidents don’t result in a spinal cord injury, his just happen to have.
As time went on, Richard’s hope of walking again , bit by bit, day by day, started to become a possibility. Months before he didn’t feel this much hope but now he did. It’s almost as of his determination, hard work and positive attitude got him up on his feet again. The future is now brighter for Richard and Maureen Perrin. They soon take possession of a new home in the Andrew Haydon Park area. The home will need to be modified and made wheelchair accessible and they are waiting to find out what the insurance company will and will not cover. Thankfully Richard will also be able to return to work designing software. By all accounts, things are looking up.
Article information from the The Ottawa Citizen
Accident Benefits – What are they?
Ottawa personal injury lawyer DAvid Hollingsworth explains…Accidents can happen to anyone at anytime. If you have been involved in a motor vehicle accident, be it car accident, bicycle accident, boating accident or motorcycle accident, you are required to contact your own insurance company within 7 days of the accident. Under current legislation, you are entitled to Accident Benefits no matter who caused the accident. However, the law requires that you to file an Application for Accident Benefits within 30 DAYS. That is why it is important for you to contact a personal injury lawyer as soon as you are able. If you have suffered a personal injury that prohibits you from doing so, appoint a friend or family member to initiate the discussions with a personal injury lawyer. You may want a lawyer that specializes in brain injury, a spinal cord injury lawyer or a local Ottawa personal injury lawyer.
If you have yet to file an Application for Accident Benefits, call David Hollingsworth, Ottawa personal injury lawyer. David is available, free of charge to explain the Accident Benefits system to you as you could be entitled to Income Replacement Benefits of up to $400.00 dollars per week, Attendant Care Benefits of up to $3000.00 per month, Housekeeping and Home Maintenance Benefits of $100.00 per week, and Medical and Rehabilitation Benefits of $100,000.00 for up to ten years, among other benefits.
Under the current system, further benefits are provided for persons that have been catastrophically impaired. David Hollingsworth is an experienced personal injury lawyer in Ottawa and along with his personal injury team have extensive experience navigating the Accident Benefits system.
If you’ve already submitted the Application for Accident Benefits, it is not too late. We are pleased to discuss your ongoing claim with you.
At Ottawa Injury, David has represented hundreds of people who have suffered injuries in motor vehicle accidents and is masterful at dealing with insurance companies. David understands how difficult, stressful and confusing it can be. You can be assured that as your Ottawa personal injury lawyer, David will fight to obtain the maximum amount of compensation on your behalf, but to ensure that you receive the medical treatment you require.
David can’t change the fact that you’ve been in an accident, but he can help change your future.
Call 613 978-9549. You are under no obligation. All calls are free.
For more information visit www.ottawainjury.ca
Ottawa Car Accident
As an Ottawa personal injury lawyer, I can honestly say these statistics are alarming . More than 1 million vehicles in Canada are involved in accidents each year.
Here are a few accident statistics from the Ontario Ministry of Transportation’s Road Safety Annual Report 2004:
- Ontario had a population of 12,407,300, of which 8,655,597 were licensed drivers.
- 421,870 drivers were involved in a collision (316,856 property damage only, 93,207 personal injury, 1,208 fatal collisions)
- 136,402 people (not just drivers) were involved in personal injury collisions.
- 799 died (433 drivers, 191 passengers, 104 pedestrians, 19 bicyclists, 47 motorcycle drivers/passengers).
- 3,565 received major injury (admitted to hospital).
- 29,918 received minor injury (went to hospital, treated in emergency room, but not admitted).
- 39,525 received minimal injury (did not go to hospital when leaving the scene of the collision; includes minor abrasions, bruises, complaint of pain).
- 4,505 pedestrians were injured and 104 were killed due to auto accident.
- Lowest risk of accident: males and females 16 years old (at this age, individuals have a G1 license that allows them to drive only with an experience driver, often a parent).
- Highest risk of accident: males 17 years old (6.01% had accidents) and females 18 years old (7.29% had accidents). It seems that, by this age, they are driving on their own. On their own with little experience.
- The percentage of drivers who have a collision, based on age, generally drops lower each year after this for both females and males.
- The good news in this report is that 2004 had the lowest number of fatalities ever recorded in the province. Ontario also had the lowest number of accidents per capita of any jurisdiction in North America.
Every driver, pedestrian and cyclists needs to do their part in reducing the number of car accidents and injuries related to car accidents each year. The statistics don’t lie and there is a lot we can do to lower the number of accidents on our roads each year. Let’s do it.
Ontario Personal Injury Claims: Pain and suffering Compensation. How Much Is My “Pain and Suffering” Worth?
One of the challenges that I face as an Ontario personal injury lawyer in Ottawa is explaining to people who have been seriously injured how much pain and suffering compensation they are entitled to. Each and every case is different. Calculating how much compensation an Ontario accident victim should receive for pain and suffering is also very challenging.
What is Pain and Suffering ? Compensation that lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.
How Do Courts Calculate “Pain and Suffering”? Unfortunately, there is no specific answer for calculating pain and suffering. Each case is very unique. What a judge does when determining compensation for pain and suffering is evaluate how the personal injury has affected the victim’s ability to function in everyday life and how the injury has effected the person’s enjoyment of life. From there compensation is calculated.
In other words, how have your injuries affected your normal day to day activities; ability to work; and your normal amenities of life? Your personal relationships ? How do your injuries affect the way you interact with your friends and family? Your co-workers ?
Maximum Award compensation for Pain and Suffering. The Supreme Court of Canada has placed a limit on the amount of compensation that accident victims are entitled to receive for non-pecuniary damages for pain and suffering. To date, the maximum compensation is slightly more than $300,000.00. The maximum amount is only paid to the most catastrophically injured victims (quadriplegic, paraplegic, brain injury etc..) .
If you are considering a claim for compensation and live in Ontario, it is important to have an experienced Ontario personal injury lawyer assisting you collect all the necessary information you need to make a detailed claim. Which will in turn, help assess your damages claim for pain and suffering. The best Ontario personal injury lawyers can help ensure you prepare your case properly, in a manner that will show the courts the amount of pain and suffering you are living with and the need for maximum compensation for you not only today but for the rest of your life.
I have been representing victims of serious personal injuries for over 10 years, helping injured victims get maximum compensation for their personal injuries.
Contact me for a free consultation. Home and hospital visits. Contact www.ottawainjury.ca
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.
The following is an outline of some of the standard Accident Benefits coverage for Ontario and the available ‘extras’ that can be purchased. I have not listed all benefits, just the main ones. If you would like a more detailed list of Accident Benefits contact us.
Ontario Income Replacement benefits
If you become disabled as the result of an automobile accident, you may be eligible for weekly income replacement benefits of up to $400. You can also buy optional income replacement benefits to increase your maximum weekly protection to $600, $800 or $1,000.
Ontario Non-earner benefits
If you do not qualify for Income Replacement benefits or Caregiver benefits, your standard Accident Benefits coverage can be avaialble to you if you are eligible to receive a weekly payment of $185 every two weeks. This benefit is only available to accident victims unable to carry on with everyday activities.
Ontario Caregiver benefit
If you provide full-time care to dependants, and are disabled as the result of an Ontario car accident, this coverage ca help you. The standard maximum amount for caregiver benefits is $250 per week for one dependant, plus $50 per week for each additional dependant. With optional caregiver benefits, the coverage increases to $325 per week for one dependant, plus $75 per week for each additional dependant.
Ontario Dependent Care benefits
Although not a part of the standard Accidents Benefits coverage, you can buy Dependent Care benefits. If you have young children, this option is worth considering. You can claim for optional dependant care benefits if you’re employed at the time of the accident, and you have to pay for childcare expenses as a result of the accident. Optional dependant care benefits cover up to $75 per week for the first dependant and $25 for each additional dependant.
Ontario Medical and Rehabilitation benefits
The standard maximum amount for medical and rehabilitation expenses is $100,000. If you suffer a catastrophic injury, the maximum is $1,000,000. Optional additional Medical and Rehabilitation benefits are available for maximums up to $1,100,000 and up to $2,000,000 for non-catastrophic and catastrophic injuries respectively.
Ontario Attendant Care benefits
If you need to hire someone to help you as a direct result of personal injuries from your accident, this portion of the benefits coverage could help. The standard maximum for attendant care is $72,000 and if you are catastrophically injured, the maximum is $1,000,000. You can buy optional benefits to cover up to $1,072,000 in additional attendant care expenses if the injuries are considered non-catastrophic, and up to $2,000,000 for personal injuries that are catastrophic.
Ontario Death and Funeral benefits
If you die as a result of a motor vehicle accident, the standard amount which will be paid is $25,000 to your eligible spouse, $10,000 for each dependant, and a maximum of $6,000 for funeral expenses. You can increase these amounts to $50,000 to your eligible spouse, $20,000 for each dependant, and $8,000 for funeral expenses.
For more information, visit www.ottawainjury.ca