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.
As an Ottawa lawyer, I seem to be getting calls almost daily about bicycle accidents and motorcycle accidents victims needing an Ottawa lawyer. It seems like there are more and more each day. Are there more people on motorcycles and bicylces? I recently came across this on a related law blog and thought I’d share it with you…
Consumer Reports recently posted an article about the rise in motorcycle fatalities and also about the fact that supersport motorcycles have been found to be the most dangerous type of motorcycle. According to the Insurance Institute for Highway Safety, motorcycle deaths have doubled in the past 10 years reaching 4,810. And although these deaths have been on the rise, car accident deaths have been steadily decreasing.
According to the IIHS the supersport bike riders’ deathrate is four times higher than other bike riders. These bikes made up less than 10 percent of registered motorcycles in 2005 but accounted for over 25 percent of rider deaths. The fatality rates for cruiser and standard riders was 5.7 deaths per 10,000 registered motorcycles. Touring bikes, such as the Harley example, averaged 6.5 deaths, with sport having 10.7 deaths per 10,000.
According to the study, speeding and driver error were bigger factors in the fatalities involving supersport bikes in comparison the other types of motorcycles. Alcohol was also a factor in 19% of the supersport fatalities, however it was an even bigger factor in the touring, standard and cruiser motorcycles.
Although there are more people riding motorcycles, there are fewer people deciding to wear a helmet while riding. The most effective way found to reduce head injuries is to wear a helmet that meets all of the federal safety standards. Of the motorcycle fatalities in 2005, 700 of those lives could have been saved if they were wearing a helmet.
It’s hard to believe these numbers are so high, but they are. Please, if you are out there on a motorcycle or bicycle doeverything you can tpo make yourself safe and ALWAYS wear a helmet..drive safely —
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.
Ottawa Ontario Personal Injury Lawyer David Hollingsworth. Ontario Accident Benefits Insurance Claims in Canada If you are injured as the result of an Ontario accident you are entitled to make a personal injury claim and receive certain accident benefits. A top Ontario personal injury lawyer can help you maximize your accident benefit and ensure that you are receiving everything you need not only now but in the future. The following is a list of Ontario accidents benefits to which you may be entitled. It is important to also know that even if you do not have your own car insurance, you can still be entitled to receive compensation through a fund set up by the Ontario government that supports Ontario accident victims with no car insurance. Again, a top top Ontario personal injury lawyer can help you set this up and get you maximum compensation for your personal injuries.
Income Replacement Benefits
Non-Earner Benefit Caregiver Benefits
Attendant Care Benefit
Maximum Medical Rehabilitation & Attendant Care Benefits
Payment of other Expenses
Death Benefits Funeral Expenses
If you need more information regarding personal injury lawsuits in Ontario or Ontario accident benefits, please don’t hesitate to call one of the best Ottawa personal injury lawyer at 613-978-9549
The Insurance Institute for Highway Safety looks at different vehicles each year and released a study as to which rates roof strength in small SUVs. I feel that this is an important study to keep an eye on. If I were in the market for a new vehicle ( which unfortunately I’m not !) , I would want to know which vehicles hold up best in the event of a car accident. The study to which I am referring to looked specifically at the roofs of cars. As a consumer, I would be thinking about rollover car accidents and how best to protect myself and my passengers.
The study rated as follows:
- Honda Element
- Volkswagen Tiguan
- Subaru Forester
- Jeep Patriot
- Toyota RAV4
- Nissan Rogue
- Suzuki Grand Vitara
- Mitsubishi Outlander
- Chevrolet Equinox/Pontiac Torrent
- Honda CR-V
- Ford Escape/Mazda Tribute/Mercury Mariner
- Kia Sportage/Hundai Tucson
Insurance Institute for Highway Safety statistics indicate that 10,000 people are killed every year in rollover car accidents. Obviously better built roofs do a better job at protecting their passengers , by keeping them in the vehicle . The solid roof also helps to keep the car together on impact.
It makes a lot of sense to me. Drive safely out there !
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
The following information was found in the Ottawa Citizen. There has been a significant decline in the number of serious collisions and fatalities on highways the Ontario Provincial Police (OPP) patrol during the first three months of 2009, OPP Commissioner Julian Fantino, said today.
A 5.5 percent decrease in the number of fatal collisions on OPP- patrolled highways from January to March of 2009 compared to the same period in 2008 resulted in 12 fewer deaths. In 2008, 322 people were killed on roads the OPP patrolled, down from 451 in 2007, a 29 per cent decline.
“We are making progress, and it seems the message is getting through to motorists,” Fantino said. “But we still have a long way to go. Unfortunately, the main causes of the serious collisions and fatalities are still speed, alcohol and people not wearing seatbelts. The good news is that alcohol-related fatalities are down from ten in the first three months of 2008 to just one so far this year. Speed-related fatalities in the same period are down from 24 a year ago to 17 this year.”
Under section 172 of the Highway Traffic Act, motorists who drive 50 kilometres or more over the posted limit or perform stunts have their vehicles impounded and their driver’s licence suspended for seven days on the spot.
Police have charged 11,437 motorists under the section since the law was enacted in September of 2007. Of that total, the OPP have laid 8,580 of the charges.
Even though the seatbelt laws have been in effect for more than 30 years, some people are still not buckling up. So far this year there have been 11 fatalities attributed to seatbelt non-compliance compared to 19 over the same period in 2008.
The OPP attribute the decrease in the number of crashes to the effective enforcement of new legislation, introduction of speed limiters on commercial vehicles, increased OPP visibility on highways and increased media attention.
These factors are part of a comprehensive Provincial Traffic Safety Program initiated by the OPP in 2007.
“We will continue to be vigilant and use all the tools available to us in our effort to keep the roads we patrol safe for all motorists,” said OPP Chief Superintendent Bill Grodzinski, Commander of the Highway Safety Division (HSD). “The OPP makes traffic safety a key priority for all officers, whether they are on traffic patrol or not. Our goal is ensure the number of serious collisions and fatalities continue to decline throughout the rest of the year.”
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
As a father of three kids, all still in car seats, I found this information extremely useful and thought I’d pass it on. I found it on a related law blog prepared by HG Farber, a lawyer in Seattle. He has an excellent blog full of valuable personal injury information. I encourage you to check it out…Let’s keep our kids safe. -David
The Insurance Institute for Highway Safety (IIHS), an independent and non-profit, scientific and education organization which is dedicated to reducing deaths, personal injuries and property damage in accidents reports that 13 of the 41 child booster seats they examined could not be recommended. I find this shocking !!
I was shocked to read that booster seats for children ages 4 to 7 years old only reduce personal injury risk by 59% over seat belts alone. As reported by a study by Children’s Hospital of Philadelphia. Booster seats are designed to elevate young children so that seat belts are positioned correctly and therefore will ensure safety. The IIHS evaluated booster seats for safety. They look at things such as safety in crash tests, the position of the seatbelt and other very important safety factors.
The Institute recommends these 10 best booster seats:
- Volvo booster cushion
- Recaro Young Style
- Graco TurboBooster
- Fisher-Price Safe Voyage
- Combi Kobuk
- Fisher-Price Safe Voyage
- Britax Parkway
- Fisher-Price Safe Voyage
- LaRoche Bros. Teddy Bear
- Safeguard Go
- Britax Monarch
10 not recommended booster seats include:
- Safety Angel Ride Ryte backless
- Cosco/Dorel Traveler
- Cosco/Dorel (Eddie Bauer) Summit
- Graco CarGo Zephyr
- Evenflo Big Kid Confidence
- Evenflo Generations
- Compass B505
- Compass B510
- Dorel/Safety 1st (Eddie Bauer) Prospect
- Cosco Highback Booster
- Cosco/Dorel Alpha Omega
- Evenflo Chase Comfort Touch
- Safety 1st/Dorel Intera
Our children are everything ! Keep them safe !
David Hollingsworth, Ottawa Personal Injury Lawyer has a team of professional working with him in the area of Accident Benefits. Following is a summary of the most commonly-accessed accident benefits. It is not a complete list of all available benefits.
- Income replacement. You are entitled to 80% of your net income to a maximum of $400 per week if you are substantially unable to perform the essential tasks of your occupation or employment during the first 104 weeks. Thereafter, you can continue to receive these benefits as long as you are continuously disabled from any occupation for which you are reasonably suited by education, training and experience for up to $400 a week or 80% of your net income.
- You may receive non-earner benefits of up to $185 a week if you are not employed. If you suffer a complete inability to carry on a normal life as a result of the injuries from the accident. No benefits are payable under this category for the first six months after the accident.
- Caregiver costs of up to $250 a week, if you were the primary caregiver of a person in need (with whom you were residing), plus $50 for each additional person in need of care
- Medical and rehabilitation costs (above OHIP) to a maximum of $100,000 for up to 10 years for a non-catastrophic injury, and up to $1,000,000 for the rest of the victim’s life in the case of a catastrophic injury.
- Special Attendant Care of up to $3,000 a month for two years for a non-catastrophic injury, and up to $6,000 a month for the victim’s lifetime for a catastrophic injury.
- Housekeeping and Home Maintenance of up to $100 per week.
- Death Benefits of $25,000 for the spouse of the victim; $10,000 for each of the victim’s dependents; $10,000 to the person who cared for the victim; up to $6,000 for funeral expenses.
- Travel Expenses for family members or those living with the accident victim for their visiting costs during treatment or recovery.
- Lost Education benefits for students to a maximum of $15,000.