Changes to Ontario Accident Benefits and the Minor Injury Guideline.

Personal Injury Lawyer Ottawa, David Hollingsworth…The Financial Services Commission of Ontario has again made some changes to Ontario accident benefits and unfortunately, in my opinion as an Ottawa personal injury lawyer, these changes do not favour Ontario drivers, should they become injured in an accident and need to access their accident benefits.  One of the  recent changes in accident benefits  has to do with the MIG (Minor Injury Guideline)  and it requires a pre-existing condition to have been included in a medical note by a health professional to get out of the Minor Injury Guideline.

As of February 1, 2014, the Government of Ontario has decided that Ontario drivers who are accessing their accident benefits and who fall under the Minor Injury Guideline are limited to the cap of $3,500.00 UNLESS they have a  pre-existing medical condition and this pre-existing medical condition must have been documented by a health practitioner prior to the accident.  This is a new requirement. Before February 1, 2014,  pre-existing medical conditions did not need to be documented.  Essentially , what this means is that if you were injured before but had perhaps  not sought out medical treatment that was documented, then you will not be considered for the exclusion of minor injury guidelines and most likely your treatment will be limited to the $3,500.00 cap.

This change in accident benefits highlights why it is critical to treat any injury as serious. Most people think things will heal naturally over time and often can’t find the time to get to the hospital or doctor.  With wait times the way they are, it is understandable; however these types of changes highly why Ontario drivers need to make this a priority. Unfortunately, once an accident has occurred, you can’t turn back the clock.

If you have been in an accident and are injured, it is imperative you speak with an experienced personal injury lawyer.  It’s important you know your rights and leave no stone unturned in the event that weeks, months or years later your injuries prevent you from a quality of life you once had.  If you have a question or would like more information about the recent changes to Ontario Accident Benefits,  contact us at www.ottawainjury.ca . We would be happy to sit down with you free of charge .


Increase in City of Ottawa lawsuits and OC Transpo bus accident lawsuits.

Personal Injury Lawyer Ottawa

Suing the City of Ottawa ?  CBC news reported that the City of Ottawa paid out more than $1.4 million in the last three months of last year for  lawsuits related to accidents between motor vehicles and  OC Transpo.  None of these lawsuits include injury lawsuits or wrongful death lawsuits from last fall’s terrible accident between an OC Transpo bus and VIA Rail.

Most of the claims against the City of Ottawa are personal injury lawsuits and in most cases could have been avoided and consequently  OC Transpo  is looking at ways to improve and deliver a safer ride to almost 400 000 passenger trips daily.

In 2013, there was a total of 57 personal injury claims filed against the City of Ottawa  involving motor vehicle collisions and these personal injury claims totalled $5,013,823.45 . It was reported in CBC news that this amount is double the amount from last year.  It was also reported that there are more than 300 outstanding personal injury lawsuits.

Our personal injury lawyers are contacted regularly and asked to advise on legal rights and timelines when it comes to suing the City of Ottawa.  I have provided links to some relevant posts that answer most of these questions.

Slip and Fall Accident on City of Ottawa property:

https://www.ottawainjury.ca/lawyers/ottawa-personal-injury-accidents/slip-and-fall-accident-on-city-of-ottawa-property/13012014

OC Transpo Bus Accidents

https://www.ottawainjury.ca/lawyers/ottawa-personal-injury-accidents/ottawa-injury-lawyers-know-your-legal-rights-after-an-oc-transpo-bus-accident/08102013

https://www.ottawainjury.ca/lawyers/ottawa-personal-injury-accidents/ottawa-oc-transpo-accident-lawyers-advice-and-support-for-accident-victims/19092013

The City of Ottawa has certain timelines that must be adhered to when filing a lawsuit against the City of Ottawa.  It’s important that you know what is required of you in a timely manner.  If you are unsure visit our website at www.ottawainjury.ca or call us for a free consultation at (613) 978-9549 and we can answer any questions you may have.

 


Ottawa lawyer David Hollingsworth explains maximum award for pain and suffering compensation in Ontario.

Ottawa Personal Injury Lawyer David Hollingsworth and Associates: lawyers for Ontario accident victims.

Compensation for Pain and Suffering in Ontario

Ontario Insurance. There are  two types of damage compensation in Ontario: pecuniary damages and non-pecuniary. Pecuniary damages can be calculated and non-pecuniary damages cannot be calculated.

Damages for Pain and Suffering in Ontario (Non-Pecuniary Damages)

Most serious accidents in Ontario result in personal injury and pain. There is the obvious pain suffered immediately following the accident, the pain following the treatment of the injury (ie surgery, physio etc..) and then there is the ongoing pain that can last for weeks, months, years or throughout one’s life following an accident.  In many cases, a serious injury may never fully heal, leaving accident victims with a life long pain problem. Thankfully the Ontario insurance regime  compensates accident victims for  pain and suffering.

In Ontario, the amount awarded for  pain and suffering varies depending on the situation. Some factors that help determine the maximum amount of compensation for pain and suffering are:

  • age
  • the severity of the injury
  • the length of time it should take the injury to fully heal
  •  treatment required to treat the personal injury (ie surgery required?)
  •  hospitalization?  rehabilitation? how long?
  • the physical and emotional damage that the injury has caused now and moving forward
  • pre-existing injuries

I will be honest, it is difficult to sue for pain and suffering after a car accident claim in Ontario. We have however had great success in helping our accident victims get the maximum amount of compensation for pain and suffering.

Nowadays,  in order to sue for pain and suffering, your injuries need to meet a legal threshold . The legal threshold must show a serious and permanent impairment of an important bodily function. This impairment can be viewed in many ways .  To keep things simple, it basically means that you cannot work, be a caregiver, or participate in normal activities of daily living as a result of your pain and suffering.

Also, to receive compensation for pain and suffering , your injuries must be permanent.  What makes this particularly difficult is the fact that it is sometimes tricky to show that an injury is permanent without waiting for at least a year after the accident . Accident victims are struggling throughout this year and it is difficult to try to rebuild a new life without knowing what lies ahead.

In order to claim compensation for pain and suffering in Ontario, the personal injuries suffered in or after the accident must be proven to the courts,should the insurance company try to deny compensation. Unfortunately, in most cases, that’s exactly what they will try to do. As an Ottawa personal injury lawyer, I find this to be so disturbing as often times people with “invisible” injuries are the people who need the compensation the most .That is why I take all pain and suffering claims in Ontario very seriously. I see how much pain people are in and how they have lost their everyday life to an accident.  I do everything I can to really help these accident victims.

Ontario Insurance: Pain and Suffering Claims Deductible

Not only to pain and suffering claims need to be a specific threshold in Ontario, the Ontario government has also legislated that they surpass a $30,000 deductible for pain and suffering claims. Sadly,what this translates to for accident victims is that they do not receive the first $30,000 in compensation; however, this  deductible does not apply to injury claims where the pain and suffering damages exceed $100,000. As an experienced Ottawa personal injury lawyer, this is where I can truly help. The system is not fair and that is why experienced personal injury lawyers can make all the difference.

If you have suffered and are continuing to suffer from an accident, we can help you.  You are not alone. Our dedicated team of Ottawa personal injury lawyers can help you get through these difficult times. We know you need financial compensation,as well as emotional.  We have all the resources you need are we are here to help.  For more information ,visit us at www.ottawainjury.ca

 

 


Ottawa Brain Injury Lawyer David Hollingsworth – what are the signs of a brain injury ?

Ottawa Brain Injury Lawyer David Hollingsworth…www.ottawainjury.ca . Brain injuries can happen in an instant and are life-altering. A brain injury is one of the most complex personal injuries as they are an “invisible” injury and impact not only the person with a brain injury, but their friends and family as well.
Brain injuries are not just a result of car accidents, they call also result from severe head blows, falls, trips or just about any activity where someone could hit their head.
Typical signs of a brain injury are :
Numbness , excessive drowsiness, severe headaches, arm or leg weakness, dizziness, loss of vision, slurred speech, loss of consciousness, nausea, or vomiting.
March is brain injury awareness month. Please support your local brain injury association.
— The Ottawa injury lawyer and accident blog is written regularly by Ottawa brain injury lawyer David Hollingsworth . Since 1999, David has been helping Ontario accident victims with brain injuries get the help and compensation they need. Living with a brain injury can be incredibly difficult and requires a lot of help, support and compensation. For more information on brain injuries and maximum compensation for brain injury injuries in Ontario, visit https://www.ottawainjury.ca/braininjuries.php


Ottawa neurosurgeon Dr. Vassilyadi and child head injury, study calls for new helmet

Ottawa Head Injury Lawyer, Ottawa Brain Injury Attorneys….Ottawa-based neurosurgeon Dr. Michael Vassilyadi has conducted a research that shows hockey helmets are the most effective at protecting children and preventing serious head injury to children tobogganing. The experiment conducted by Dr. Michael Vassilyadi, the neurosurgeon at the Children’s Hospital of Eastern Ontario (CHEO) and also a professor at the University of Ottawa, tested helmets designed for hockey, downhill skiing and cycling. Dr. Vassilyadi and his Ottawa team simulated the  potential impact that might occur while tobogganing. The findings were amazing. Hockey helmets were determined to be the safest, over bicycle helmets. This is especially true if the hockey helmet has a face shield guard. Dr . Vassilyadi noted that often times, when a child suffers a tobogganing injury, they often have facial injuries such as torn lips, broken teeth,  broken nose, or eye injuries.

The bottom line is that any helmet is better than none for tobogganing. So if you can’t have access to a hockey helmet, then please grab whatever helmet you have when you take your kids out tobogganing.  As an Ontario personal injury lawyer who has had many clients with severe head injuries, I am in complete agreement with Dr. Vassilyadi and support is desire  to see a helmet created for outdoor winter activities such as tobogganing and skating. It really does seem crazy not to.

Dr Vassilyadi explained that collisions in tobogganing are usually to the front of the head, whereas ski accidents usually involve impacts to the side of the head, where ski helmets were the most effective. Again this just goes to show that there is a need for a specific helmet to be designed for tobogganing , as there is currently no helmet specifically designed to protect the front of the head on impact.

All this to say, do everything you can to keep your little one’s (and yourself) safe. Take every safety step you can.  A child brain injury or head injury is life altering. Enjoy this winter and all it’s wonderful activities, but please be safe.

———————- The  Ottawa Injury Blog is written regularly by Ottawa  personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer representing Ottawa 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

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Dr Vassilyadi, Child Head Injury , Child Brain Injury, Ottawa Personal Injury Lawyer David Hollingsworth


Recommended child safety seats: reduce deaths, injuries and damage

As a father of three kids, all still in car seats, I found this information extremely useful and thought I’d pass it on. I found it on a related law blog prepared by HG Farber, a lawyer in Seattle.  He has an excellent blog full of valuable personal injury information.  I encourage you to check it out…Let’s keep our kids safe.                                             -David

The Insurance Institute for Highway Safety (IIHS), an independent and non-profit, scientific and education organization which is dedicated to reducing deaths, personal injuries and property damage in accidents reports that 13 of the 41 child booster seats they examined could not be recommended. I find this shocking !!

I was shocked to read that booster seats for children ages 4 to 7 years old only reduce personal  injury risk by 59% over seat belts alone.  As reported by a study by Children’s Hospital of Philadelphia.  Booster seats  are designed to elevate young children so that seat belts are positioned correctly and therefore will ensure safety. The IIHS evaluated booster seats for safety.  They look at things such as safety in crash tests,  the position of the seatbelt and other very important safety factors.

The Institute recommends these 10 best booster seats:

  • Volvo booster cushion
  • Recaro Young Style
  • Graco TurboBooster
  • Fisher-Price Safe Voyage
  • Combi Kobuk
  • Fisher-Price Safe Voyage
  • Britax Parkway
  • Fisher-Price Safe Voyage
  • LaRoche Bros. Teddy Bear
  • Safeguard Go
  • Britax Monarch

10 not recommended booster seats include:

  • Safety Angel Ride Ryte backless
  • Cosco/Dorel Traveler
  • Cosco/Dorel (Eddie Bauer) Summit
  • Graco CarGo Zephyr
  • Evenflo Big Kid Confidence
  • Evenflo Generations
  • Compass B505
  • Compass B510
  • Dorel/Safety 1st (Eddie Bauer) Prospect
  • Cosco Highback Booster
  • Cosco/Dorel Alpha Omega
  • Evenflo Chase Comfort Touch
  • Safety 1st/Dorel Intera

Our children are everything ! Keep them safe !