Ottawa Injury Lawyer :How long does it take for an Ontario personal injury lawsuit to settle ?

Ontario Personal Injury Lawyers, Ottawa Personal Injury Lawyer David Hollingsworth…How long does an Ontario personal injury lawsuit case take to settle?

Well, that’s an excellent question and there isn’t one straight forward answer.  The length of time it takes  for an Ontario personal injury lawsuit to resolve depends on several factors. The most important determining factors of an Ontario personal injury law suit are:

-The severity of your personal injuries..you will need time to determine the extent of the personal injury

-How quickly  information and documents are gathered

-How much cooperation your Ontario personal injury lawyer receives from the insurance defence lawyer

-The recommendations from your medical professionals

-How long it takes to gather all medical records

-If the case settles before trial

-How long it takes to obtain a trial date .

There are many steps along the way designed to reach a settlement without having to go to trial.  Most Ontario personal injury law suits settle before having to have a trial.  As an Ottawa personal injury lawyer, I have settled close to 100% of all my Ontario personal injury law suits without having to go to trail. There are stages in an Ontario personal injury lawsuit such as mediation, examination for discovery and settlement conferences that are steps in an Ontario personal injury lawsuit designed to avoid a trial.  I typically settle most of my Ontario personal injury lawsuits at these stages. 

The most important factor in an Ontario personal injury lawsuit in terms of time, is to make sure you take the time to do it right.  There is too much at stake not to. You may have your personal injuries for the rest of your life and you and your family need to be properly compensated .

—-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: david@ottawainjury.ca (613) 978-9549

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Ottawa Personal Injury Lawyer David Hollingsworth, How long does it take for an Ontario personal injury lawsuit to settle ?Injury Lawyers Ottawa Ontario


Ottawa personal injury lawyer cautioning all Ontario distracted drivers.

Ottawa Personal Injury Lawyer David Hollingsworth… Ontario Provincial Police have a new focus:  distracted drivers. The OPP are going to crack down on people driving who are doing almost anything other than driving. Yes, that’s right. What does that mean? It could be cell phone or texting, fiddling with the radio in the car, eating and drinking, smoking, dealing with children. Anything that distracts drivers from the road.  I can honestly say as an Ottawa personal injury lawyer, there are far too many accidents as a result of distracted driving. 2012 has just begun and already we have 8 people who have been killed on Ontario highways due to distracted driving.

I know we are all in a rush but please put the phone away.  Don’t even keep it within arms reach when driving.  That way you won’t be tempted to answer it. Return your calls/texts when you arrive SAFELY at your destination.  Before cell phones, people managed and so can we.

Please drive safely out there !                                    -Ottawa Personal Injury Lawyer David Hollingsworth

———————- This  Ottawa Injury Lawyer Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer dedicated to helping Ontario accident victims and the families of accident victims who have been seriously injured or 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 topic you would like me to write about or  if you have a question,  please call or email me: david@ottawainjury.ca (613) 978-9549

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Ontario Accident Benefits: Definition Minor Injury Guidelines, Ottawa lawyer David Hollingsworth

Ontario Minor Injury Guidelines. Insurance Claims. Ottawa Personal Injury Lawyer David Hollingsworth…Have you recently been involved in an Ontario car accident and your insurance company has told you that your injury is classified as a “minor injury”? Unfortunately that means you will only receive $3500 in medical rehabilitation benefits available, regardless of whether or not you opted to pay for enhanced Ontario accident benefits.  Insurance companies have also determined that a minor injury does not qualify for housekeeping benefits or attendant care benefits. This causes a lot of problems for many Ontario accident victims, who require these benefits. Not everyone is seriously injured in an accident , so the minor injury guidelines are acceptable to them.  What’s really becoming a crisis situation in the vast majority of people who suffer serious injury in an accident and accept what their insurance company gives them in limited accident benefits, leaving them without enough support and benefits , which generally results in them not recovering. The Minor Injury Guidelines typically includes the following personal injuries resulting from an Ontario motor vehicle accident:

  • Sprains
  • Tears/ partial tears
  • Strains
  • Whiplash (unless there are neurological symptoms)
  • Cuts, contusions, and abrasions
  • Subluxations  (unless it is a complete dislocation of a joint)
As an experienced Ottawa personal injury lawyer, I urge anyone whose personal injuries have been classified as a minor injury and who feel that their injuries should not be in the minor injury guidelines to consult with an experienced Ottawa personal injury lawyer.  They can help you by filing an application for mediation with the Financial Services Commission of Ontario  (FSCO) and ensure you meet the limitation period for making  an application . Experienced Ottawa personal injury lawyers have helped countless numbers of Ontario accident victims not only get diagnosed properly, but get maximum compensation and rehabilitation.  These injuries may affect the rest of your life and you need to ensure that you receive what you need to live your life as best as possible. Don’t sell yourself or your family short ! Consult with  an experienced Ottawa personal injury lawyer.

———————- The  Ottawa Injury Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa personal injury lawyer representing Ontario 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 david@ottawainjury.ca  (613) 978-9549 

Ontario Accident Benefits, Definition Minor Injury Guidelines, Ontario Injury Lawyer David Hollingsworth

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Ontario Accident Benefits. What are you entitled to? Ottawa Lawyer David Hollingsworth

Ottawa Injury Accident Lawyer David Hollingsworth helps explain Ontario No-Fault Accident Benefits

Important: Always Report Your Accident if you want the most of your accident benefits!accident insurance claims

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 accident benefits. The best  Ottawa personal injury lawyers 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. The best Ontario  injury lawyers are out there. David Hollingsworth can help you to ensure that you do not risk losing out on the many important benefits expanded upon below.

Ontario’s  “No-Fault” System of Insurance

Ontario has  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.

Experienced 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) Ontario Accident Benefits: 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) Ontario Accident Benefits: 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) Ontario Accident Benefits: 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) Ontario Accident Benefits: 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) Ontario Accident Benefits: 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 are likely 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.  Experienced 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 for more information. If you have a question, feel free to email david@ottawainjury.ca mobile   (613) 978-9549      (613) 237-4922 ext.203

 


Ontario Accident ? Ottawa Accident? When should you start a personal injury insurance claim?

How to Avoid Losing Your Personal Injury Settlement concussioninjury

David Hollingsworth, Ottawa Ontario Personal Injury Lawyer, recommends that you learn as much as possible about your options AS SOON AS POSSIBLE if you or your loved ones have been hurt in a personal injury accident. Read on to learn more.

More often than not, Ontario accident victims of a personal injury accident (such as a motor vehicle or slip and fall, etc) wait too long before seeking the help of an experienced injury lawyer. This often ruins any prospective chance of success in their case.

People wait too long before seeing a lawyer for various reasons, which may include:

Personal Injury Settlement : Fear of the Process (Expenses, etc)

Fear of the legal process is a common concern for many people unfamiliar with the realm of personal injury law. At my law firm, I offer an initial, confidential and free consultation for all personal injury clients. I strive to help you in this consultation by learning as much as possible about your injury, your goals, and how I can help you to achieve your goals.

Don’t be embarrassed, it may cost you your personal injury settlement

Embarrassment can be another barrier for many seeking help after a personal injury. I always emphasize the strict professional and confidential nature of my practice; there is nothing embarrassing about the road to recovery and claim settlement; it is my job to ensure that your voice is heard, and you are given all and everything of what you rightfully deserve.

Physical considerations.

If physical considerations such as confinement to a hospital bed or home exist, I am always happy to accommodate accordingly with a free no risk consultation where you are most comfortable. I will visit you in your place of recovery to help answer your immediate questions and concerns about your situation.

Don’t procrastinate, you could lose your personal injury settlement

Finally, procrastination is another unfortunate reality with many victims of personal injury. As we have discussed, waiting too long to see your injury lawyer can spell doom when it comes to the prospect of your successful settlement and recovery.

Summary
These four enumerated barriers to meeting with a lawyer can mean that your claim is ruined. “Limitation periods” can affect your ability to gain what you rightfully deserve; once a limitation period has expired, it generally prohibits you from successfully lodging a claim.  In Ottawa and the province of Ontario generally, you are granted two years to advance your claim, starting from when you first knew or ought to have known you have a cause of action to advance a claim. In practice, this is generally the date of your personal injury or accident.  In special circumstances, the limitation period varies. With minors, for example, the limitation period begins to run as soon as that person arrives at the age of majority.

Actions to take to maximize your personal injury settlement

These variable circumstances emphasize the importance of consulting with an Ottawa personal injury lawyer such as David Hollingsworth as soon as you have the opportunity after your accident or personal injury. As one of the best Ottawa personal injury lawyers, I  will be able to advise you and your family on the most appropriate steps to take in a situation of minor or tragic personal injury, so that you can secure and protect your valuable interests and better cope with the trauma and pain of your injury or loss. The best Ottawa  personal injury lawyers can enable and empower you with the guidance and support necessary to have a smooth, and successful recovery after your accident, and to secure and protect the interests of you and your loved ones.

David Hollingsworth is a leading Personal Injury Lawyer in Ottawa, Ontario Canada. For more information regarding your personal injury case visit www.ottawainjury.ca or contact David directly at 613 978-9549.

 


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 david@ottawainjury.ca for a free consultation.

-David Hollingsworth, Ottawa Personal Injury Lawyer