In a city such as Ottawa, pedestrian accidents are very common. Every 5 years, the City of Ottawa collects statistics on Ottawa pedestrian accidents. The last report we could find was in 2013 and it reported that in Ottawa, there were a total of 351 Ottawa pedestrian accidents, 5 of which resulted in death.
Depending on the severity of the injuries and the facts surrounding the accident, pedestrians that are hit by a motor vehicle are entitled to compensation. The Ontario insurance regime provides accident benefits to compensate for medical expenses and other treatments. Pain and suffering can also be compensated for, depending on the circumstances surrounding the accident.
What factors determine the amount of maximum compensation for an Ottawa pedestrian accident ?
-Severity of injuries
-Liability? Who was at fault? Is the pedestrian partially responsible? Were they crossing at a crosswalk ?
-What are the losses?
If a pedestrian is found to be partially responsible, they can still receive compensation, although the compensation amount may be reduced by a certain percentage. Contributory negligence can impact one’s pedestrian accident claim.
Our Ottawa injury lawyers have built a reputation in Ottawa as being honest, hard-working lawyers who go above and beyond to help our clients. One day we met with “JE”. JE was 25 year old woman who was struck by a vehicle while crossing a street in Ottawa.
Injuries Resulting From Accident:
JE’s Ottawa pedestrian accident resulted in some injuries. Unfortunately she sustained a partial tear of her ACL and continued to suffer from intermittent neck, back and hip pain. She also suffered from brief period of anxiety.
Compensation for Injury:
Thankfully, JE started her rehabilitation quickly and she was able to go back to her employment full time. This is not always the case with pedestrian accidents. Sometimes the pedestrian accident can result in injuries that change one’s quality of life and they aren’t able to return to work. Our client, JE was very fortunate in that her injuries were treated and healed and she was able to resume her life and occupation. The fact that she returned to full time employment didn’t mean that she still didn’t need compensation for her accident. Our Ottawa injury lawyers were able to negotiate a settlement at a private settlement conference in the amount of $40,000.00 for any future medical needs she may that may arise. Every pedestrian accident is different. *Please note: Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
MINOR INJURY GUIDELINE (MIG) FOR MOTOR VEHICLE INSURANCE
per s.268.3 of the Statutory Accident Benefits Schedule – HIGHLIGHTS
This Guideline is focused on the application of a functional restoration approach in the management of minor injuries in the acute and sub-acute phases of the injury.
For the purposes of this Minor Injury Guideline:
a) minor injury means a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and any clinically associated sequelae. This term is to be interpreted to apply where a person sustains any one or more of these injuries.
b) sprain means an injury to one or more tendons or ligaments or to one or more of each, including a partial but not a complete tear.
c) strain means an injury to one or more muscles, including a partial but not a complete tear.
d) subluxation means a partial but not a complete dislocation of a joint.
e) whiplash injury means an injury that occurs to a person’s neck following a sudden acceleration-deceleration force.
f) whiplash associated disorder means a whiplash injury that:
(i) does not exhibit objective, demonstrable, definable and clinically relevant neurological signs, and
(ii) does not exhibit a fracture in or dislocation of the spine.
Exceptions: An insured person’s impairment does not come within the MIG if the insured person’s impairment is predominantly a minor injury but, based on compelling evidence provided by his or her health practitioner, the insured person has a pre-existing medical condition that was documented by a health practitioner before the accident and that will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject to the $3,500 limit referred to in section 18(1) of the SABS or is limited to the goods and services authorized under this Guideline.
The MIG does NOT include concussion/TBI, or psychological impairments such as anxiety disorder.
Duration of benefits: treatments provided will not typically exceed twelve weeks in duration following the date of the initial visit
Total funding for benefits: $3,500
Goods and services provided: Assessment, treatments, equipment (therabands, gym ball, lumbar roll), assistive devices.
Treatments to include. Activity Prescription; Education; Reassurance; Home Exercise, treatments for: pain management, increased function, and diagnostic imaging.
Still have a question about the Minor Injury Guideline or Ontario Accident Benefits?
For a complete copy of the Minor Injury Guideline with Fee Schedule for services, please see Financial Services Commission of Ontario website www.fsco.gov.on.ca or www.ottawainjury.ca/insurance-claims/