Another reduction in accident benefits for Ontario drivers.

Why are Ontario drivers not purchasing additional accident benefits?

In January of  2011, FSCO: Financial Services Commission of Ontario lead a study and surveyed the people of Ontario, in particular,  the largest automobile insurance insurers in Ontario.  The survey looked at  24 large insurance companies that help close the 3/4 of the Ontario insurance market.  Sadly the results from the survey indicated that  most people are not purchasing the extra additional accident benefits avail ale to them. In fact, most drivers were unaware of the optional benefits. As an Ottawa personal injury lawyer, I find this very disturbing.  It seems that insurance benefits available to drivers are continuing to be reduced year after year, yet premiums are remaining the same.

As of February 1, 2014, more disturbing reductions in accident benefits came into play. The newest reductions affect attendant care, pre-existing conditions under MIG (the Minor Injury Guideline)  and the election of benefits.  Unfortunately these changes do not favour Ontario drivers, as they are significant reductions.

Of particular note is the reduction in attendant care. The new attendant care provisions reverse the law as established by the Court of Appeal in Henry v. Gore.  What this case established was the amount of “economic loss” is a threshold requirement for payment of an attendant care benefit.   Essentially why this case was so important was because it addressed that is an attendant care provider was not acting in the course of his or her ordinary employment, then the amount of benefit payable to them was not to exceed the amount of monies they would have earned in their regular employment.   This amendment  can leave families in a difficult position as they may not be able to afford to care for their own family members. In other words, if your income is lower than the benefit  pay out, you will only get paid what you would have otherwise made at your regular job.  So for example, if you are a stay-at-home parent and do not have an income, you will receive nothing for attendant care benefits . This forces many families in a situation of not being able to  afford to care for their loved ones with injuries and professional providers will need to be hired.

Ottawa personal injury lawyer David Hollingsworth appeared on CTV news this week and discussed these changes and the implications of the changes for Ontario drivers and their families. In case you missed it, please visit the CTV news at noon website and watch the video.

If you have any questions that relate to the amendments in Ontario insurance, personal injury, or accidents, please fell free to contact us and we would be happy to help.

 


Ottawa Injury Lawyer on what are timelines, cut off dates and statutes of limitations after an an accident in Ontario.

Ottawa Insurance Claims Lawyers

What are the timelines or cut off points for filing a personal injury law suit or making an insurance claim after an accident in Ontario? The timelines or cut off dates are known as statutes of limitations in Ontario for a car accident. If you or a loved one has suffered personal injury in an Ontario accident there is a 2 year period whereby you must start your personal injury claim.  If you miss this 2 year mark, you may not be entitled to compensation from your insurance company, if you have been paying your premiums along the way.  This situation often occurs because people do not realise the extent of their personal injuries until long after their accident. There are however some exceptions to this rule.

Statutes of Limitations for Insurance Claims

The Ontario Limitations Act is complex; however it does take special circumstances into consideration.  As an experienced Ottawa personal injury lawyer, I have had success in the past where I have been able to help clients get compensation , even though they did not start their insurance claim before the statute of limitations. I’m not recommending you wait until the 2 year mark , as it is always best to consult with an Ottawa personal injury lawyer right away and let them at least start the claim. If you are unsure of what to do, consult with an experienced  injury lawyer and they can let you know what your next steps are.
 
Our lawyers are here for you. We offer free consultations and can walk you through the Ontario Accident Benefits and what you are entitled to.  We have Ontario accident benefit specialists who can also fill out the paperwork for you and make sure that you receive all the benefits you are entitled to and make sure the paperwork is filed correctly and in a timely manner.  You’ve been through enough, now let us help you.

 


What are the signs and symptoms of a concussion? Ottawa lawyer David Hollingsworth

Ottawa Personal Injury Lawyer…What are the signs of a concussion?  There are many different signs and symptoms of a concussion. Some are obvious and others  subtle.  Some conscussion signs may appear immediately and others may not be for days or even months.

The most common signs of a concussion are headache, amnesia, confusion or loss of consciousness.

Other signs and symptoms of a concussion include:

  • headache or pressure in the head
  • slurred speech
  • loss of consciousness
  • confusion
  • nausea
  • vomiting
  • fatigue
  • no recollection of event
  • dizziness or blurred vision
  • “ringing” in the ears

Often times, after an injury signs appear later on. Often times people with a concussion may exhibit:

  • difficulty with concentration and memory
  • irritability and personality changes
  • eyes and ears are sensitive to light and noise
  • difficulty sleeping
  • depression
  • tastebuds and smell are off

Symptoms of a child concussion
Head trauma or concussions are particularly hard to identify in young children,  infants and toddlers because they have difficulty communicating how they feel.

Typical signs of a concussion in a child

  • tires easily
  • irritable or cranky
  • loss of appetite
  • trouble sleeping
  • uninterested
  • loss of balance

It is always best to have your child checked by a doctor if you suspect they may have a head injury.  Because their skulls are so soft and developing, there is a greater chance of a severe head injury occurring.  If your child is alert, moves normally and is able to respond, the head injury is probably mild and typically will heal.  If this is the case with your child and they are tired it’s OK to let them sleep. If worrisome signs develop later and you are worried, then bring them immedicately to your doctor or emergency facility.

Bring your child immediately for emergency help if you suspect a head injury and they are exhibiting the following signs:

  • vomiting
  • continued persistance of a headache
  • changes in behavior displaying irritability
  • changes in physical coordination, including stumbling or clumsiness
  • confusion: does no’t know day,events etc…
  • slurred speech
  • dilated or uneven pupils
  • difficulty breathing
  • lasting or recurrent dizziness
  • discharge from nose or ears
  • large head bumps or bruises
  • loss of consciousness ( more than a minute)
  • repeated vomiting
  • seizures
  • symptoms that worsen over time

Concussions and sports injury
If you have injured yourself and suspect you have a head injury , you should absolutely allow yourself to rest. Avoid playing sports or vigorous activity while signs or symptoms of a concussion are present. It is recommended that people who suspect they have a concussion should return to their sporting activity until a doctor has given them the “green light”.

—-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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Signs of a concussion, symptoms of a concussion, head injury signs


Ottawa Personal Injury Lawyer David Hollingsworth:What are income replacement benefits ( IRB ) ?

Ottawa Personal Injury Lawyer David Hollingsworth, Ontario Injury Lawyers, Income Replacement Benefits..Often times  after suffering a personal injury in a motor vehicle accident you may not be able to return to work right away. You also may not be able to provide for yourself and your family. Depending on the severity of your personal injuries, you may not be able to work for a few days, maybe a few months or perhaps even longer.  This is very stressful and this is where income replacement benefits comes in.

What are Income Replacement Benefits?

Income Replacement benefits are available to Ontario personal injury victims who were employed or self employed at the time of the motor vehicle accident in Ontario  and who, as a result of the personal injuries sustained in the Ontario accident, “suffer a substantial inability to perform the essential tasks of their employment”. This is the definition that applies for the first 2 years following a car accident in Ontario.

Following 2 years after an Ontario accident, it changes and becomes much more difficult to qualify for income replacement benefits. To continue to qualify for income replacement benefits, Ontario accident victims must  have “a complete inability to engage in any employment or self-employment for which they are reasonably suited by education, training or experience.”

How much do Ontario accident victims get for Income Replacement Benefits?

The amount of income replacement benefits received depends on a number of different factors such as one’s income before the accident.  As well as whether or not you opted to purchase additional accident benefits.

  • For motor vehicle accidents occurring after September 1, 2010, the amount of the weekly income replacement benefits is based on 70% of your gross weekly income before the accident, subject to the maximum amounts.
  • Under the standard accident benefits limits, the maximum weekly amount payable for the first 2 years following the accident in Ontario is $400 per week
  • No income replacement benefits are payable in the first 7 days following an Ontario accident
  • Optional accident benefits limits increase the maximum weekly amount to $600, $800 or $1,000 per week

How to apply for income replacement benefits…

In order to receive income replacement benefits,  Ontario accident victims  need to submit a completed

  • Application for Accident Benefits.
    •  OCF-10  Election of Income Replacement, Non-Earner or Caregiver Benefit
    • OCF-3 Disability Certificate
    • OCF-2 Employer’s Confirmation

    If you have been involved in an Ontario car accident and are unable to work, you most likely qualify for income replacement benefits. It is important that before you fill out the associated accident benefits forms that you contact an experienced Ontario personal injury lawyer .  The best Ontario personal injury lawyers not only will help you fill out these forms, they will ensure that it is done in a manner that  gets you maximum benefits support.

    ——————————————————————————————————————————————–

    The  Ottawa Injury Blog is written regularly by Ottawa Ontario injury lawyer David Hollingsworth. Since 1999, David has been an Ontario personal injury lawyer representing Ontario accident victims who have suffered a personal  injury 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

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    Ontario Personal Injury Lawyer David Hollingsworth, Income Replacement Benefits, Ontario Accident Benefits


    City of Ottawa Skating Safety : Rideau Canal conditions, Ottawa lawyer David Hollingsworth

    Ottawa Personal Injury Lawyer David Hollingsworth…I am very happy  that Ottawa children under the age of 10 will be required to wear protective helmets during public skating sessions held in City of Ottawa  facilities  effective January 1, 2012. It is estimated that 5,700 Ottawa children receive medical treatments for personal injury in Ottawa emergency rooms, and 400 children are hospitalized, every year because of sports-related head injuries.  This is very disturbing.  We all want kids to have fun but it cannot be at the expense of their safety.  Please take all necessary safety measures when it comes to children’s safety. There are far too many serious injuries each year such as traumatic brain injuries, spinal cord injuries and serious orthopedic injuries.

    The City of Ottawa offers the following Safe Skating Tips:

    • Wear the gear! Wearing a CSA (Canadian Standards Association), Snell or ASTM (American Society for Testing and Materials) approved helmet, that fits properly, will help prevent head injury. It should be worn snug,  yet comfortable. Hockey helmets are recommended over cycling helmets because they can withstand multiple impacts. Wrist guards, elbow pads and knee pads help prevent wrist fractures, and bruises on knees and elbows.
    • Choose proper fitting skates that give good support around your ankles (moulded skates are not recommended). Local sport stores should be able to help you with a proper fit. Remember, new skates must be sharpened before you go on the ice and then sharpened again each year at the start of the skating season.
    • Lace your skates all the way up. You should never wrap the laces around your ankle. If the laces are too long, tie them in a double knot so you don’t trip over them.
    • Wear only one pair of socks. Multiple pairs will make you feel colder and your skates might be too tight.
    • Wear proper clothing: gloves, neck warmer, helmet, waterproof jacket and pants (NO jeans, as they will not keep you warm and dry if they get wet), long underwear, and a sweater should do the trick.
    • Get trained! Instructors will be able to teach you the basics of skating, such as how to stop, how to fall safely, and how to get up after a fall. For lessons call 613-580-2596.
    • Choose a surface that is relatively free of bumps and cracks to allow for more control and an easier time stopping. If skating on the Rideau Canal, watch for the green flags to ensure the conditions are safe. The N.C.C.’s Rideau Canal Skateway conditions hotline is: (613) 239-5234, press 1,1
    • Watch where you are going, and always skate with the traffic. If you want to stop, head to the side so you won’t get in anyone’s way.

    Avoid the following:

    • Skating on the Rideau Canal Skateway when the red flags are flying.
    • Skating too fast – this puts you and those around you at risk.
    • Playing sports unless in a designated area (ex: hockey).
    • Holding on to more than one person – this increases your chance of falling and hurting someone else.
    • Placing sharp items in your pockets (ie. keys, combs, etc.).
    • Using your toe-pick to start or stop (this will ruin the ice surface, and it won’t give the stability you need to safely start or stop), or removing bottom pick (designed to help you balance).
    • Clothing with drawstrings.

    Enjoy this winter and please be safe. -Ottawa Personal Injury Lawyer David Hollingsworth

     

     


    Ottawa Lawyer : What is Ontario slip and fall compensation ?

    Ottawa Injury Lawyer David Hollingsworth… 

    Ontario, Ottawa Pedestrian Injury Lawyer David Hollingsworth. David has a lot of experience with individuals who have sustained slip and fall injuries while in a store and have slipped and fell from either poor maintenance of the floor itself (elevated or cracked), or it is slippery from a spill of a liquid of some sort. Putting a sign saying the floor is wet is simply not enough to prevent a serious injury, ensuring the floor is dry will prevent the injury. The same goes for a damaged floor. If a floor is wet or damaged it should be fixed immediately. That is the responsibility of the store. If you suffer a serious injury, there is compensation available to you and that is where the best Ottawa personal injury lawyers can help.

    What Can You Do if you slip or fall in a store and suffer a serious injury?

    If you are shopping and see something that appears unsafe within a store, do your part and tell an employee or a manager. If we all do our part we can prevent Ottawa slip and fall injuries.

    Ottawa Personal Injury Lawyer David Hollingsworth’s Experience

    David has had many clients who have been unfortunate enough to slip and fall within a store and have experienced severe, neck, back, leg, arm, spine, and head injuries. These injuries take quite a toll on an individual’s life, preventing them from working, taking care of their loved ones, and enjoying life in general. David has helped various individuals get through their injuries and receive the compensation they deserve.

    If you have a question, feel free to call or email david@ottawainjury.ca


    Avoid an accident and personal injury- watch out for black ice.

    Ottawa injury lawyer on how to avoid Ottawa accidents and black ice. icyroads

    It’s the last day of March break and it’s awfully cold out there today.  I’m just about to go out and hit the slopes with my son.  I’ve been skiing for a couple of days now and I’m sore and stiff !  Regardless, my son is excited, so off we go ! I hope my muscles forgive me someday.  Although it’s sunny out there..there is still a chill and with that comes black ice.

    There are too many injuries in Ottawa each year due to black ice. Generally, drivers are caught unprepared. Black ice, sometimes known as “glare ice” or “clear ice” is deadly because it is difficult to see – it can sneak up on you when you least suspect. Ottawa Personal Injury lawyer David Hollingsworth shares his thoughts on how you can drive safely through the Winter season and practice safe driving habits.

    Each year, there are an incredible number of Ottawa automobile accidents due to the ice conditions here in Ottawa and in Eastern Ontario. The goal is to establish safe driving habits that will protect you when you drive during black-ice season. As a preliminary, always strive to stay alert – this means that since black ice can be anywhere, it is wise to remember driving carefully, with all attention on your surroundings.

    More specifically, you can stay tuned to weather and news reports that will advise drivers on particularly bad days and intersections that require careful attention. Black ice is not truly black, though it is virtually invisible to the driver’s eye, so sharp turns, and busy intersections, for example, will require extra caution to safeguard your safety and well-being. “Most accident victims don’t notice the black ice on the road until it is way too late,” says Ottawa personal injury lawyer David Hollingsworth. “You have to automatically assume that if there is a slight chill in the air, there will likely be ice, SO please… slow down and avoid car accidents.”

    For over 12 years, David Hollingsworth has been on Ottawa personal injury lawyer, specializing in Ottawa accidents and Ontario accidents. David’s personal injury practice focuses on Ottawa and Ontario accident victims of motor vehicle accidents, slip and fall accidents resulting in personal injury, Ontario Accident Benefits Insurance Claims, Ontario Sexual Assault Claims, Ottawa, Ontario Serious Injury Law Suits, and other Civil Litigation matters. Ottawa and Ontario – Free Consultations. For more information, call 613 978-9549 or 613 237-4922 ext 203 or visit www.ottawainjury.ca


    What do I do at the scene of a motor vehicle accident ? What should I do after the motor vehicle accident ?

    What do I do at the scene of an accident ?drivesafely

    DO: Remain at the scene of an accident.

    • Call the police and advise of the nature of injuries suffered at the scene of an accident.
    • Provide the following information: your name and address, your vehicle permit number, and the name and address of the owner of the car (if it is not your car).
    • Get the names, address, phone number, vehicle permit number and insurance information from the other driver(s) involved in the accident.
    • Get the names, address, and phone numbers of any witnesses who saw the accident.
    • Write down anything anybody says about how the accident happened.
    • Tell the police officer if you think another driver is under the influence of alcohol or drugs.

    DO NOT:

    • Move the vehicles, or any debris, unless they are a potential hazard to other motorists; or
    • Sign documents or discuss the accident with anyone but the police.

    What should I do after I’ve been at the scene of an accident ?

    DO

    • When you get to the hospital or to your home, you should call your insurance agent immediately.  If you do not have your own insurance you may be entitled under someone else’s policy or through the Ontario’s Superintendent of Insurance through the Motor Vehicle Accident Claims Fund.
    • Make an appointment with your family doctor or attend a walk-in clinic.
    • Take photographs of any damage to your car, truck, bicycle or motorcycle.
    • Contact a personal injury lawyer.
    • If you have any visible injuries, take photographs of these injuries.  Also take photographs of any damaged clothing or belongings.
    • Contact your employer or school and advise them that you were in an accident.
    • Consider your needs for specialized equipment and home modifications.
    • Keep a detailed record of all medications taken, assistance received from family, friends or professionals, all rehabilitation or doctors’ appointments, progress or development in physical, psychological or mental injuries, and all out of pocket expenses including parking, wheel chair rental, ambulance bills etc..
    • Comply with all requirements of the Accident Benefits.
    • Let your personal injury lawyer assist in completing the Accident Benefits forms.

    DO NOT

    • Provide any statements to your insurance company until you have consulted with a personal injury lawyer.

    If you have any questions at all that relate to personal injury and accidents, please don’t hesitate to contact an experienced personal injury lawyer as soon as possible.

     


    Infant and Child Car Seat Safety. Have you buckled your child properly?

    Installing a Child Car Seatchildaccident

    Ottawa Lawyer David Hollingsworth, Ottawa Injury Lawyer…I came across this information on the Canada Safety Council website and thought I would share .  Let’s do everything we can to keep our kids safe and avoid child injuries !

    Canadian Safety Council: Buckle-Up  Basics

    Did you know that the proper use of a child restraint on each and every trip can prevent 75% of crash-related deaths and serious child injuries. Sadly, roadside checks find only 51.6 % of children buckled up at all. During 2002, Buckle Up Bears clinics found that less than 20 percent of all car seats checked were correctly installed. By following  tips from the Canada Safety Council, we can help make sure children are  properly secured in their vehicles.

    The Fundamentals of installing child car seats

    • Always ensure your child car seat has CMVSS (Canadian Motor Vehicle Safety Standard) on the label and has a valid manufacturer’s instructions.
    • Check the weight and height limits of the seat and check this against the child being placed in the child car seat.
    • Before you buy a child car seat, test it in your vehicle to ensure that it  fits well in your vehicle.
    • Follow all  instructions according to the child seat manufacturer’s manual and the vehicle owner’s manual.
    • Transport Canada recommends that children under the age of 12 and under should be properly restrained in the back seat especially if there is a passenger-side air bag.

    Rear-Facing Infant Car Seat Birth to 10 kg (22 lb.)

    • An infant-only car seat is the best for young babies. When your child is over the height OR weight limit of the infant-only car seat, you can use an infant seat in the rear-facing position.
    • Always ensure the harness are  snug. You should only be able to fit one finger between you baby’s and the harness.
    •  Make sure that the chest clips are positioned at your child’s armpit level.
    • Remove winter outdoor wear before placing your child in their seat.
    • Never put a rear-facing child car seat on a seat that is equipped with an air bag.

    Forward-Facing Car Child Seat 10 – 18 kg (22 – 40 lb.)

    • Once your child weighs 10 kg and are able to stand independently you can switch to a  forward-facing seat.
    • Always make sure the  harness is snug and follow the one finger rule.  The chest clip needs to be at the armpit level.
    • All forward-facing child car seats must be anchored to the vehicle frame with a tether strap. If the anchor is not visible, check in the trunk.

    Booster Car Seat 18 kg (40 lb.) or over

    • Your child can move to a booster seat once they weigh 18 kg.
    • A booster car seat raises the child to properly fit the adult seat-belt.
    • A booster car seat that uses a lap is always best.
    • Check your seat  and ensure that you are following the weight limits.

    Seat-Belts

    • Once your child has reached the age of 8 or is 4 ft. 9 in., or weighs 80 lbs, they can use a seat belt in Ontario.
    • Make sure the seat belt is positioned properly. The lap portion of the seat belt should be worn on the hips, touching the upper thighs and the  shoulder portion of the seatbelt should be worn over the shoulder and tight across the chest.
    • Your child should always sit upright, with their back against the seat.

    Stay safe and buckle up !

     


    Ottawa lawyer shares tips to avoid slip and fall accident and injuries.

    Ottawa based injury lawyer David Hollingsworth, shares his recommendations for the winter and Slip and Fall Injuries.

    A slip and fall accident can happen anytime, any season. We had such an incredibly warm gorgeous day today. Unfortunately they are calling for a flash freeze tonight in Ottawa.  With all the snow that melted today, we will surely be seeing more ice tomorrow.  I posted this post over a year ago and thought Id share it again… Please ensure to watch your step out there tomorrow ! Many often forget to fully consider the potential for personal injury and the associated ramifications of pain and suffering. Even a minor slip can lead you to much stress and tension on you and your loved ones. A slip and fall injury can result in massive medical bills, loss of work, lost wages and more. If a slip and fall injury happens to you, an Ottawa personal injury lawyer can explain to you what your rights are and make sure your interests are protected.

    How to Protect Yourself and Your Family from a slip and fall accident :family

    I deal with a tremendous number and variety of slip and fall accidents on a regular basis each year. Such slip and fall injuries can happen at any time of the year, and in any location or setting. However, there are certain conditions that render the possibility of injury more likely, so please on to learn how to protect you and your family from the prospect of injury, and to learn what to do in the event that you are injured by a slip and fall injury.

    There are certain circumstances where the city of Ottawa may be responsible for your slip and fall accident. For example, imagine you are walking down the street at night. As you try to cross the street, you approach an open man-hole (the city has neglected to put the cover back after working on the sewer system earlier in the evening). Naturally given the lack of light, you do not see the open manhole and fall right through, experiencing broken bones, fractures, and lacerations. Perhaps your personal injuries are more psychological in nature.

    Who is Responsible in a slip and fall accident?

    The city of Ottawa would be responsible (through the action of one of it’s employees) for their negligence and your injuries. There are many other instances where slip and fall injuries could occur, such as (1) flooring/carpeting in poor repair (2) parking lot surfaces in poor repair (3) ice and snow buildup (4) elevators/escalators/stairways (5) areas with poor lighting, (6) and so on.

     Compensation for slip and fall accidents :

    Depending on the circumstances of injury, your recovery could include compensation to help with stress and tension, medical bills, lost wages, and so on. A good Ottawa personal injury lawyer can give you an idea of what you may be entitled to. Business and property owners have a legal responsibility to ensure that people on their establishment or property are safe and not at risk of suffering an injury. If an accident has happened to you, it may be due to the negligence of a property owner who has failed to act according to their due diligence responsibilities to keep you and your family and loved ones safe.

    If your slip and fall accident happened in the Ottawa or the Eastern Ontario area because a property owner failed to keep you safe, David Hollingsworth, experienced Ottawa personal injury lawyers can help you recover the costs of your medical bills, lost wages, and awards for pain and suffering. With his knowledge and extensive experience, he is the Ottawa personal injury lawyer that can help get the maximum possible awards for slip and fall injury victims and help them recover as best as possible.
Visit www.ottawainjury.ca or call 613 978-9549 for more information.