Slip and Fall accident on City of Ottawa property ?

Ottawa Slip and Fall Accident Lawyer David Hollingsworth..  Ottawa has seen it’s fair share of change in the weather lately.  Last week, we received dozens of phone calls related to slip and fall accidents on either private property or public property. Many streets in Ottawa were like skating rinks last week.  Not only the roads were slippery, but the sidewalks were also a hazard for pedestrians.

CBC News reported that the City of Ottawa has approximately  2,000 kms of sidewalks and that pedestrians are filing personal injury lawsuits against the city as a result of a slip and fall accident on city of Ottawa property.  With all of the flash freezing, snow and rain Ottawa has received lately, the conditions have become very hazardous. Despite the City of Ottawa having plowed the and sanded all city of Ottawa sidewalks 4 times already, people are still slipping and falling on city property and becoming injured.   According to the article on CBC news, in Ottawa this season, from Nov. 15 to Jan. 9,  3 people have filed lawsuits against the city of Ottawa  for a slip and fall accident on sidewalks. Last winter, a total of  39 people filed related personal injury lawsuits.

What can you do as a property owner?

Like the City of Ottawa, if you own a property, you are responsible for maintaining your property and making sure it is as safe as possible. This means everything from clearing snow, to ensuring stair handrails are secure.  Essentially, a property owner is responsible for ensuring that their property is as reasonable safe as possible. If someone injures themselves on your property, you may be liable.  What this means is that you will likely need to make an insurance claim and that the claim will go through your insurance company.

Slip and Fall accidents on City of Ottawa property

If you have had an accident on City of Ottawa property and have suffered an injury, it is important that you know your rights and what you need to do.  Of the approximately 2000 claims made against the City of Ottawa each year, the City, on average  pays  compensation for approximately 25% of  claims. That leaves 75% of the claims being denied compensation.  An experienced personal injury lawyer can help you fight this denial and can make sure your claim is not denied in the first place. The City of Ottawa also has specific timelines that need to be adhered to . It is best that you consult with a top Ottawa personal injury lawyer and have all your options reviewed and questions answered when it comes to your Ottawa slip and fall accident.

 


Ottawa injury lawyer David Hollingsworth discusses compensation for chronic pain.

What is chronic pain? Chronic pain often results from  accidents and  traumatic injuries. It can be the one of the most devastating injuries and yet it is also one of the most difficult to show. Like a brain injury, chronic pain is invisible.  There are no broken bones, scars or surgeries. Also, some of the difficultly with showing chronic pain is that each individual is different and the levels of chronic pain vary significantly. Truthfully, only the individual trying to live through the chronic pain understands how difficult and painful it really is. Chronic pain can be life altering.  Most of our clients suffering from chronic pain are unable to function. They cannot work and they are certainly not enjoying their quality of life. Due to the serious nature of chronic pain and it’s effect on the individual, it is usually considered to be a long-term disability.

When a personal injury client comes to us and describes their pain and quality of life after an accident, we immediately have them assessed by some of the best doctors for chronic pain, chronic pain specialists and chronic pain rehabilitation specialists.  It’s not only important that we as personal injury lawyers fight for maximum compensation for our clients, we also want to make sure that they are receiving all the support needed in the hopes of returning to the best quality of life possible.  People who suffer from chronic pain may never fully heal.  Sadly, that is the reality.

Ottawa Chronic Pain Lawyers

Compensation for chronic pain varies and in some cases the amount is incredibly high because a lot of people who suffer from chronic pain cannot perform day-to-day activities and many cannot return to work ever.  Our Ottawa injury lawyers need to make sure that our clients receive maximum compensation for chronic pain.  The amount of compensation must be enough to provide a the highest quality of life possible for the rest of their lives.  We also make sure that family members are also compensated, as often times their lives have been affected.  We meet regularly with people who are suffering from chronic pain. We understand the pain they are going through on a daily basis and how an accident has completely changed their lives and their family’s lives. We understand , we care and we’re here to help.

If you or a loved one is suffering from chronic pain, contact us free of charge to discuss how we can help you and your family. You are suffering enough, let us help.

 


Why do child car seats have an expiry date and is it safe to still use them ?

Ottawa Personal Injury Lawyers David Hollingsworth.  In Canada, all car seat manufacturers provide an expiry date on all car seats.  Why? For safety !

There are also reasons such as…

  • sunlight: yes, sun exposure can damage or weaken the plastic found in car seats; and
  • safety regulations and standards change over time and products improve over time.

The provincial and territorial laws state that children’s car seats and booster seats  must be certified to Canada Motor Vehicle Safety Standards and must be used properly according to the instructions given by the manufacturer. If you don’t follow the instructions or if you use them past their expiry or useful life dates, there is exposure to putting a child at risk and you may be found guilty of breaking the law.

You may be tempted to buy a car seat second hand.  Our Ottawa injury lawyers do not recommend you buy a used car seat unless you can get a guarantee that it hasn’t been in an accident (which could be impossible), has not been recalled (check with the manufacturer or Transport Canada – 1-800-333-0371) and that it isn’t expired; Transport Canada also provides a list of manufacturers of car seats and booster seats sold in Canada which includes the expiry/life date.

The following are the weight guidelines for child car seats in Ontario:

Infants: Ontario’s Highway Traffic Act states that children must rear-facing car seats until the child weighs at least 9 kg (20 lb.). It’s important to note that this is a minimum requirement. Some rear-facing car seats are made for children that weigh up to 20 kg (45 lb.).

Toddlers: Ontario’s Highway Traffic Act states that children use a forward-facing child car seat once  they weight from 9 kg to 18 kg (20 to 40 lb.). Again, this is a minimum requirement. Some forward-facing car seats are made for children that weigh up to 30 kg (65 lb.).

Pre-School and up to 8 years old: Ontario’s Highway Traffic Act states that children use a booster seat once they weigh 18 kg to 36 kg (40-80 lb.), are less than 145 cm (4 feet 9 inches) tall, and are under the age of 8. Again, this is a minimum requirement.

Youth: Ontario’s Highway Traffic Act states that children can use a seat belt when one of the following conditions is met:

  • Child turns 8 years old, or
  • Child weighs 36 kg (80 lb.), or
  • Child is 145 cm (4´ 9˝) tall or more

It’s important that  the shoulder strap is positioned across a youth’s shoulder and in the middle of the chest and the lap belt crosses the hips and not the stomach.

Child car seat requirements are the law and more importantly are there for safety.  If you are unsure of what car seat your child should be in or if your car seat is installed correctly, there are a number of resources in the Ottawa area to help you such as Service Ontario at 1(800) 268-4686. Please make sure your child is safe.

-We understand, we care and we’re here to help: Ottawa personal injury lawyers since 1999.


Avoiding head injury and brain injury : FREE helmets available. Ottawa Injury Lawyer David Hollingsworth

Ottawa Personal Injury Lawyer David Hollingsworth..

Before I head out to the outdoor rink with my son for a quick skate before bed, I wanted to quickly share a great safety resource with you in the hopes of reducing an accident resulting in a serious head injury and brain injury.  There are far too many hockey, skating and ski accidents in adults and children that lead to serious and permanent injuries.  Wearing a  helmet is one very simple step to take to help protect yourself and avoid a possible head injury or brain injury.  Please, please play safely out there and WEAR A HELMET !

Are you looking to purchase helmets?  Safe Kids Canada and Canadian manufacturer, Seven Star Sports, are pleased to provide low-cost helmets for all sports, including cycling, skiing, snowboarding and hockey. A portion of all sales will go to supporting Safe Kids. Please feel free to share this information  with family, friends and colleagues.

To place your order, visit the Safe Kids website and click on one of the PDF links, print and fill out the form and send it by e-mail to: tarick1@sevenstarsports.com or by fax to: 905-574-7082

For questions about your order, please contact Seven Star Sports directly at: 1-888-52-7STAR (7827) or 905-574-9270 .

The following helmets are available:

  • Bike Gear Bicycle Helmet form
  • Pro-Star Multi sport and Deluxe Helmet form
  • Pro-Star Ice Hockey Helmet with Face Cage form
  • Pro-Star Ice Hockey Helmet form
  • Ski – Winter Sports Helmet form

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Ottawa Personal Injury Lawyer David Hollingsworth has been helping Ontario injury victims get the help they need after a serious Ontario accident.  Due to his vast experience with personal injuries, David understands the added pressure and stress associated with this personal injury.  David takes his cases on contingency, which means, you don’t pay him anything, until he gets you your money.  Call for a free consultation 613-978-9549. For more information, visit www.ottawainjury.ca

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

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Ottawa Brain Injury Lawyer , Head Injury in Children ,Ottawa Personal Injury Lawyer David Hollingsworth


What is a mediation in a personal injury lawsuit? Ottawa lawyer David Hollingsworth explains.

Ottawa Accident Lawyer,  Ottawa Mediation and Personal Injury Lawsuitsmediation

What is a mediation?

If you suffered a personal injury in an accident and are involved in a personal injury law suit in Ottawa or in some other Ontario jurisdictions, one of the required steps is to work at resolving the dispute with your insurance company at the mediation level . The idea is that all facts will be on the table for both sides and a personal injury lawyer can represent you and negotiate with your insurance company on your behalf , avoiding the cost, time and stress of going to court. Each party has the opportunity to express their concerns, tell their stories and attempt to negotiate an agreement. Accident victims should ensure that they completely understand the process and know what to expect before they attend the mediation. Chances of a successful mediation, of resolving the dispute or at least some of the issues between the parties, are enhanced by taking the time to prepare. David meets personally with all his clients before such meetings  to sit  down, review and discuss what is expected of them at mediation.

What can I expect in a mediation ?

Mediation is simply a step in the legal process designed for people to settle disputes or lawsuits outside of court. A mediator is hired to be unbiased and help both sides  come up with a fair solution they are both happy with. The mediator is not a judge or an arbitrator. Mediators are not  judges and do not  decide who wins and who gets what. The mediator’s role is to help the people involved  to reach a fair settlement with each other in a positive  manner and move the lawsuit forward, to  understand all sides, and to find a resolution that both sides feel good about. The mediator’s role is to ensure that everyone has the opportunity to express themselves, their concerns, and their interests. The purpose of this stage in the process is not to determine who wins and who loses a case, but to come up with a solution and possibly avoid a trial. The  process is informal, relaxed and absolutely confidential.  The insurance company and the accident victim speak more openly than they would in court. Most accident victims  find mediation a more comfortable and constructive process than they would in court.

Typically,  a mediation involving a personal injury lawsuit most often begin with the mediator explaining the reasons and procedures for the personal injury mediation. Then the personal injury lawyer and the insurance defence lawyer make  opening statements explaining the facts of the case. Both sides involved in a law suit must attend the mediation. However, they are not always required to speak. A personal injury lawyer will often speak on their clients behalf. The mediator may the accident victim  if there is anything they want to add. However, it is common for the clients not to speak in the mediation.

How long does a mediation last?

After the opening statements, the parties usually retire to separate rooms where they exchange settlement offers back and forth under the  guidance of the mediator. This is often when most personal injury cases develop and a lot of progress is made in resolving the personal injury lawsuit. In some instances the lawyers will have a direct conversation without clients. The mediator may or may not participate. Almost always the person who attends the mediation with the defence lawyer is not the driver but an insurance company representative who decides on behalf of the insurance company how much money in compensation they will pay out to the accident victim.

Unfortunately not all personal injury lawsuits settle at the mediation level, but a lot do. In the instances where they do not settle, the lawyers can continue to discuss settlement and will move forward towards a trial date.