Ottawa lawyer David Hollingsworth explains Ontario accident benefits, timelines and where to find accident benefit forms

Ottawa Personal Injury Lawyers David Hollingsworth and Associates. If you have been involved in an accident in Ontario, you will most likely need accident benefits coverage. Regardless of who is at fault in the accident, everyone is entitled to accident benefits in most cases. There are however timelines that need to be adhered to make sure that you receive all the accident benefits you are entitled to in a timely manner.

To ensure access to timely your accident benefits:

  • You have to notify your insurance company immediately of the accident (In the instance where you do not have  insurance, you must put the insurance company of the other vehicle(s) involved in your accident on notice).
  • You must complete all accident benefits application forms ( This includes an income loss form to be completed by your employer and a separate  form indicating your injuries which must be completed by a treating medical physician).
  • If you are self-employed, you must be able to prove your income.
  • The insurance company may want to take a sworn  statement outlining the details of the accident and your injuries,.

In most cases, the following Ontario accident benefits are available:

  • Loss of income benefits up to  80 % of your net income from employment, to a maximum of $400.00 per week (unless additional coverage was purchased).
  • The income benefit is payable for 2 years following your  accident, if you are unable to perform the essential tasks of your employment. Income benefit will continue to be paid after 2 years if you are completely unable  to work in any capacity for which you are reasonably suited by education, training or experience.
  • Attendant care benefits are typically capped at $72,000.00. If your injury is determined to be “catastrophic”,  attendant care benefits can increase to a maximum of $1,000,000.00.
  • If you were unemployed at the time of your accident, you are not entitled to any weekly accident benefit for at least 6 months. If after 6 months, you still suffer a complete inability to carry on your normal life,  you will become entitled to  minimum non-earner benefits.
  • Medical and rehabilitation expenses are capped at $100,000.00. If your injury is deemed“catastrophic” , medical and rehabilitation benefits are increased to $1,000,000.00.
  • Death benefits of $25,000.00 are payable to the deceased’s spouse and an additional $10,000.00 to each deceased’s dependents. Funeral expenses are paid to a maximum of $6,000.00.
  • If you were a caregiver at the time of your accident and are unable to carry out your caregiver duties, you will be entitled to receive the reasonable costs of paying for professional care to a maximum of $250 weekly with an additional $50.00 per  child.

All accident benefits forms can be found at http://www.fsco.gov.on.ca

If you or a loved one has been injured and would like free legal advice about how best to maximize your Ontario accident benefits forms, consult with any of our Ottawa personal injury lawyers.  It is our job to ensure you receive maximum compensation and that you completely understand what you are entitled to following an accident in Ontario. We know the accident benefits process can be difficult and stressful and we are here to help. Contact us today so we can help get you on the right path.


Concussion symptoms and treatment for concussions. Did you know a concussion can last for up to 2 years ?

Ottawa Brain Injury Lawyers David Hollingsworth  .

The Ottawa Citizen reported on a study recently done through CHEO and Dr Vassilyadi that looked at the after effects of concussions in children.  It described a story of a  boy named Clayton Carter who suffered a traumatic brain injury while riding an ATV and was able to return to hockey, school and a regular life within four months.  There are many remarkable things about Clayton’s story. Firstly the fact that he was so severely injured and could have died and was then  rushed by helicopter to CHEO and had his brain and skull operated on.  He survived and had an amazing recovery in a very short time frame.  Claydon’s speedy recovery with a severe head injury is remarkable.

Dr. Vassilyadi reported to the Ottawa Citizen that Clayton’s recovery was better than many children who suffer a concussion. Dr Vassilyadi is just finishing a study that looks at youths between  11 and 17 who have had a sports-related concussion and still have symptoms at least three months later. In the Ottawa area there have been close to 60 patients who are still suffering from their concussion 3 months later.

There are many more who suffer concussions. In fact, close to 900 children and youth are rushed to  CHEO’s emergency department yearly with a suspected concussion. These symptoms include headaches, dizziness, nausea, depression, sleeping too much or not enough and declining performance at school. In general, close to 90 % of concussions clear up within  10 days of the impact. Dr. Vassilyadi and his team at CHEO noted that not all parents are aware of the symptoms of concussions, so it’s tough to track what your child may be going through. Often times, parents, coaches and teachers don’t equate a child’s change in academic performance to a concussion but Dr. Vassilyadi noted that it’s entirely possible. The emotional, social and cognitive symptoms are tough to  pick up on and often persist over three months for up to 2 years. CHEO conducted a research project last year “The Concussion Research Project” and found that young patients described their quality of life at almost the same level as undergoing chemotherapy. Dr. Vassilyadi also noted that there is a common misconception that there has to be a loss of consciousness in a concussion and this is simply not true. Early recognition is key to properly treating a concussion.

Unfortunately the treatment for a concussion isn’t always obvious either. Nutrition and rehydration are critical and in most rest, even if that means not returning to school or work. After a head injury, the brain needs to rest and mental stress needs to be avoided. This means eliminating video games, television, reading, texting and getting plenty of rest.

Concussion symptoms and concussion treatments are very tough to recognize which is why concussions still remain a tricky area for parents, coaches and teachers. It’s critically important to be aware of your child’s moods, fatigue, and overall feelings and “When in doubt, sit them out,”. It’s not worth the risk because a second or third head injury will be worse. Dr. Vassilyadi is speaking to physicians on Monday night about a new clinic to be opened this fall by Pro Physio & Sports Medicine Centres, which will draw on the services of sports physicians, a neuropsychologist and physiotherapists specifically trained to assess and treat concussions. The owner of the clinics, Mr. Salib focused on concussions because of the large need to properly treat concussions .

As an Ottawa personal injury lawyer with many clients who are suffering from concussions and brain injuries, I am so thankful that our community is developing more resources that relate to concussions and head injuries. I have many clients who are suffering so severely from a concussion, they are unable to return to work, be comfortable around their families for extended lengths of time and their concussion has changed their lives and the lives of their families.  The more research and resources that help us with concussion treatments the better, I say !

 


Ottawa injury lawyer David Hollingsworth on water safety. Is your pool complying with Ottawa by-laws?

Ottawa Bylaws and Pool safety

Its looks like its going to be an incredibly hot weekend this weekend. I hope you all have a chance to cool off. If you plan on heading to a  pool, beach or river, Please do so safely.  I was on the Red Cross website and found some amazing resources that relate to water safety. Here are just a few recommendations

  • Learn to swim and learn safety techniques. Even if you are an adult, it isn’t too late.
  • Know where you are swimming.  Don’t swim in unknown waters.
  • Don’t swim beyond your ability.
  • Never swim alone.
  • When swimming in the ocean, be cognizant of the fact that tides and currents are present.
  • Know the signs of hypothermia and how to treat hypothermia.
  • Always supervise children at all times.
  • Make sure your pool is properly fenced in and ensure gates have self-locking latches. Check your lock repeatedly.
  • Communicate pool rules to any guests .
  • Keep a first aid kit close by.

Did you know?

Children ages 1 to 4 and men ages 15 to 44 have the highest rate of drowning fatalities.
• Drowning is one of the leading causes of unintentional death for Canadian children ages 1-4.
• It only takes a second to  disappear
A person can drown in only a few centimetres of water
Each year there are many near-death drownings that result in hospitalization and varying degrees of brain damage.
• Infants and toddlers  mainly drown  in bathtubs and pools. Older children and youth drown mainly in large bodies of water.
The City of Ottawa’s By-laws have recently changed when  it comes to pool enclosures:

Every enclosure must be at least 1.5 metres (5 ft) in height and comply with the minimum construction specifications detailed in Ottawa’s By-law which include:

  • Chain link construction with links no greater than 38 mm (1.5 in)
  • Vertical board construction
  • New specifications for other fence materials that have become more popular such as wrought iron, aluminum or vinyl construction
  • A fence, wall or other structure that provides an equivalent enclosure.

All openings through or under the fence must be of a size to prevent the passage of a 100 mm or 4 inches spherical object.  An enclosure cannot be located less than 1 m (3 ft) from the nearest surface that is wet of the pool.

I have written a few other posts on water safety. If you wish to read more click https://www.ottawainjury.ca/lawyers/ottawa-personal-injury-accidents/ottawa-lawyer-david-hollingsworth-on-boating-safety-and-national-water-safety-week/

Please for your safety and the safety of others, be particularly aware around water.  Even people who know how to swim die every year. Have a great safe and happy weekend !

 

 


Ottawa Personal Injury Lawyers who offer free consultations…

Ottawa lawyers free consultations

You may have a small case and are thinking of handling it on your own and just need some basic information on how to deal with an insurance company.  A free consultation from an experienced Ottawa personal injury lawyer may be all you need.  Most experienced Ottawa personal injury lawyers offer a free consultaitons are are glad to help. They may even have formsavailable that you need instead of you going out and searching for them. The top Ottawa personal injury lawyers can also let you know if you have a case and what you might expect as a settlement from your insurnace company, so that you have an idea of what to expect when dealing with them.

Personal Injury Lawyer Ottawa

If  you suffered a more serious personal injury, it is always best for you to meet with an experienced personal injury lawyer before you decide which Ottawa personal injury lawyer you want to work with. Keep in mind that the next several months or years may be very challenging and you need to know that you can relate, approach and work well with your Ottawa personal injury lawyer.  As an Ottawa personal injury lawyer, I usually like to meet with new clients at the location of their choice, so I know they are comfortable.  I usually listen and gather the facts and then let them know what Ican do for them.  I often suggest they take sometime to think about their decision and then contact me when they are ready. I truly feel that this is the best approach for everyone involved. Throughout the process, I often also meet with accident victims family members.  These meetings are so important and valuable for everyone.

No matter what the severity of your personal injury, it is always best to consult with an experienced Ottawa personal injury lawyer before negotiating with your insurance company.  After all, it’s free to ask questions ! As one of the best Ottawa personal injury lawyers, I am pleased to offer free consultations. I offer my services in English or French and am happy to travel to meet you throughout Ontario.

 


If in an Ontario accident, do you have to provide your insurance information ?

Ontario Accident Insurance Claims

If in an accident, do you have to provide your insurance  information ?  The answer is yes. Section 200 of the Highway Traffic Act states that any person involved in an Ontario accident must, when requested, must provide his/her name, address, driver’s licence number, insurance policy information and ownership information.  This information must also be given to the police and to all witnesses or anyone else who may have been involved in the Ontario accident. Failure to comply with section 200 means that they are guilty of an offence.  On conviction , they can be fined or even imprisoned or have their licence suspended.

What you should do if someone refuses to give you their information.

Should someone refuse to give you their information, try to get as much information as possible and contact the police as soon as possible.   If the driver was uninsured , the police will have access to this type of information. Most likely, the police will charge the other driver.  In terms of Accident Benefits, you will still be covered by your own insurance company, so do not worry. Obviously it goes without saying, never attempt to be forceful with someone, simply write down what information you have and hand it over to police.

If you have been involved in an accident, it’s best you contact an Ottawa personal injury lawyer and together, you can determine what your rights are relating specifically to your accident.  Depending on the accident, nature of injuries, insurance policies and others involved, your options will vary. Experienced personal injury lawyers can help walk you through what you need to do and what you might expect in terms of rehabilitative support and compensation following an accident. Don’t think that every accident and injury is the same and just because your neighbour’s cousin was compensated a certain amount, you will be the same. You owe it to yourself to get informed. Contact our Ottawa personal injury lawyer for a free consultation.

 

 


Social Host Liability…Partying this holiday season? Ottawa lawyer David Hollingsworth

Ottawa injury lawyer David Hollingsworth explains social host liability.

It’s the holiday time of year again- Holiday parties and family get togethers.  It is also the festive time of year when we are often more social and potentially drinking more alcoholic beverages.  One question I am often asked  as an Ottawa personal injury lawyer concerns social host liability. Many people want to know if they are hosting a party what are they legally responsible for.  No one wants to think this way, but it is a reality.

What are the legally responsable for  as a host of a party?

If someone attends a party at your house  and becomes injured, the question will be whether the personal injuries suffered by the accident victims could have been reasonably foreseen by the host.  If the host did not know – nor ought to have known – that their guest was  intoxicated, then one can agree that they could not have known that they were at risk of suffering a personal injury.  This would mean the host of the party would not be responsible. In other words, as a host , you would have to prove that you  had no idea your guest was intoxicated.  This may be difficult to prove if you were serving alcohol. When a host is aware their guest is intoxicated, the host may have the legal responsibility to ensure that their guest who is intoxicated not drive.  In other words, as a party host, when you know that a guest is intoxicated and intends to drive, STOP THEM.  Offer them a taxi home, find a designated driver to take them home or allow them to sleep over. You can also be held legally responsible if you continue to serve alcohol to an intoxicated guest knowing that they would be driving home. It’s not unlike when a bartender cuts off an intoxicated patron.
 social host liability

As an Ottawa Accident Lawyer, I am urging everyone to be safe out there ! Please, if you are drinking, do not drive!!
social host liability

Call a taxicab:
 Blue Line taxi (613)-238-1111
Capital Taxi (613) 744-3333
WestWay Taxi  613 727-0101
DJs Taxi (613) 829-9900
-Operation Red Nose (613) 771-2886
-Call Responsible Choice (613) 248-0444
-Take a bus !
-Designate a driver !
It’s common sense, you never want anyone being placed in a dangerous situation.  As a host you have the extra responsibility of ensuring that your guests depart safely and are free from  injury.  Do what it takes….you will never regret airing on the side of being overly cautious …Happy holidays and all the best !

For more information on social host liability or to contact one of our experienced Ottawa personal injury lawyers, visit www.ottawainjury.ca