How Ottawa injury lawyers can help protect an injured child’s compensation after an accident.

If your child has been injured in an accident in Ontario, it’s important that you consult with an experienced personal injury lawyer before you meet or speak with your insurance company.  The rules surrounding a child personal injury lawsuit and settlement are different from in a settlement case involving an adult.

When a parent commences a personal injury lawsuit on behalf of a child, they need to understand that their child will not receive the settlement monies until they reach the age of 18 years old. We often have clients who are unsure what to do with the compensation they receive for their child.  Depending on the circumstances, we recommend several different options.  A structured settlement is often the best solution for a child’s settlement.  A structured settlement is when a registered insurance company will take over the settlement monies and pay out a set amount each year over the course of the child’s life.  In most cases this pay out amount is also a tax-free set amount. Depending on the age of the child at the time of the accident, this usually makes the most sense.  If the injured child is close to reaching 18 years of age, it may not be the most cost-effective plan, as the fees associated with a structured settlement might outweight the payout if the investment period is not very long .

Depending on the nature of the injuries, parents can also opt to have a trustee appointed and the trustee then holds the money.  This is often the case when a child is disabled and may not be able to decide how best to manage their money.

It is tough to know what is best to do and what’s best for your child.  We are able to help give you advice on this and help you come to the right decision, based on what’s best for your child and your family. One of the most important details every parent needs to know is that a settlement for a child in a personal injury case must be court approved.  This is done to protect you and make sure that your child is being treated fairly .  The Court will review the legal fees being charged by your personal injury lawyer, as well as the settlement amount being offered by the insurance company.  In both cases, the amount must be fair and comparable to other similar personal injury cases.

Although, our Ottawa personal injury lawyers do not recommend it, you may decide to work directly with the insurance company and negotiate your own settlement amount. At the very least, we urge you to consult with an experience personal injury lawyer and have them review what is being offered to you . An experienced child personal injury lawyer can give you comparison settlement amounts on the spot and help you decide whether or not to accept the settlement offer.  These consultations are free with most personal injury lawyers, so you have nothing to lose. In most cases, our Ottawa injury lawyers, not only offer excellent advice, they are able to point out many other accident benefits available to children that most people are unaware of.

Regardless of what stage you may be at in your personal injury lawsuit, you need to be informed and know your rights.  You are not only caring for an injured child, you will need to make incredible important decisions for their future.  We highly recommend you consult with an experienced child injury lawyer and take the time to decide what’s best for your child and your family. Our Ottawa injury lawyers can help you with this. We understand, we care and we’re here to help.

 


Should you settle your accident claim? Talk to a personal injury lawyer first.

Personal Injury Lawyers Ottawa Ontario David Hollingsworth. I often get phone calls from people who have been in accidents and need some advice.  In some cases they have been in an accident in Ontario and have been receiving accident benefits from their insurance company and have been made an offer from their insurance adjuster.  The question most have is : Is it enough ?

All along, you may have been sorting through the paperwork on your own and speaking with the insurance adjuster regularly.  Over the course of time, relationships are developed and when it comes time to settling , it’s tough to know whether or not a settlement offer is fair. Most insurance companies are fair; however some try to settling a claim for the least amount of money possible as this is their business after all.

I would advise anyone to contact a personal injury lawyer and have them review your case before you accept any settlement offer.  Most Ottawa personal injury lawyers offer free consultations , so you have nothing to lose.  You can however gain from this free consultation.  In some cases,  people can double and triple  the amount of compensation they receive. It’s absolutely worth looking into.  It’s important that you know your potions and an experienced personal injury lawyer can help steer you in the right direction and can make sure you are receiving maximum compensation for you and your family. There are many, many expenses that are covered under your accident benefits that might surprise you.

Yes, you may want to settle your insurance claim so you can start rebuilding your life after an accident.  Getting better and rebuilding your life is your number one priority; however you might not be able to rebuild the way you want to without the proper amount of compensation.  That’s where the best personal injury lawyers can make all the difference.

If you aren’t sure whether or not to settle your claim, do yourself and your family a favour and consult with an experienced personal injury lawyer.  You owe it to yourself !

 


Slip and fall accident results in $125 000 in compensation for bulging disk.

Ottawa Slip and Fall Accident Lawyers

Compensation for bulging disk

We were pleased to be able to help another Ottawa woman who was recently injured in a slip and fall accident.  A few weeks after her slip and fall accident, she was in severe pain and needed help.  It became apparent that the pain in her lower back was causing her great pain and she would need compensation. We stepped in and took over and had the insurance company pay her $125 000 to compensate her for a bulging disk in her lower back. Our client was very happy with the way was settled without having to go to court.

How to determine the amount of compensation

It is difficult to determine the amount of compensation a certain injury will receive. In fact, it’s not just the injury that determines the compensation amount. The injured occupation, family, dependants, education, recovery, treatments, age, income, etc.. also help determine what amount of compensation will be needed to enjoy a comfortable quality of life moving forward, following the accident.

The role of a personal injury lawyer

We are Ottawa personal injury lawyers who help people like this every day. We know what to do to ensure our clients get maximum compensation for their injuries.  We hire and pay for experts to prepare a detailed analysis of all the costs that your injury is causing and will cause in the future.  These reports are incredibly important when it comes to the future and critical for maximum compensation. We’ve helped thousands and we can help you.

Experienced personal injury lawyers will offer you a free consultation and help you determine what your best course of action is. Maximum compensation for injuries such as a bulging disk can vary , but a top personal injury lawyer should be able to give you some indication in your initial free consultation.

What are you waiting for?


Ottawa woman receives injury compensation for slip and fall accident.

Slip and Fall Accident Lawyer Ottawa

Our slip and fall accident lawyers are proud to have been able to help another Ontario accident victim.  Last month, we help a 41 year old woman receive $125 000.00 in compensation for lower back pain and a bulging disk after she slipped and fell on private property.  We were able to step in for her and take over the claim with the insurance company who finally agreed to a much larger sum of compensation.  Although our client will continue to suffer from her personal injuries, she will be able to receive some medical support and financial compensation. Our client was so thankful for our help and we were pleased to be able to secure and exceed the compensation she was hoping for.

In Ontario, we have so many slip and fall accidents daily. Some have very few consequences and others have devastating personal injuries. Sadly, our climate  plays a huge role in Ontario slip and fall accidents.  We have very cold and extreme temperatures and consequently our roads, sidewalks and pathways are not always safe.  As a property owner it is your job to ensure your property is as safe as possible.  This means salting, clearing, mopping or whatever it takes to try to ensure that no one is at risk while on your property.

As a property owner, there are many things you need to be aware of to protect yourselves and your guests. Our lawyers are happy to sit with you or chat by phone and just walk you through some of the basic steps you should take to protect yourself. 

If you are unsure of your responsibilities as a property owner or if you have slipped and injured yourself and have a question, feel free to email me david@ottawainjury.ca

“We understand, we care and we’re here to help”


Ottawa injury lawyer explains the steps in a personal injury lawsuit in Ontario.

Ottawa Ontario Personal Injury Lawyer David Hollingsworth .. If you or a family member has been in an accident in Ontario and have been injured, you are likely entitled to compensation.  There are many forms of compensation available to Ontario accident victims. Some Ontario personal injury lawsuits settle simply with one letter or phone call from an Ontario personal injury lawyer.  Others do not settle and go to trial.  There are several steps along the way where an Ontario personal injury case may settle.

What are the steps in a personal injury lawsuit in Ontario?

Throughout all of these steps, your Ottawa personal injury lawyer will be with you, representing you and ensuring you are getting the help , support and compensation you need.

Stages of an Ontario personal injury lawsuit:

1. Client and Ontario personal injury lawyer meeting

2. Gathering the facts:

 3. Filing the Ontario Personal Injury Claim

4. Collection of Documents: police reports, medical reports, insurance documents etc

5. Examination for Discovery

6. Law Review and Damages

7.  Mediation

8. Pre-trial Conference

9. Trial

—-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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What's in your winter emergency car kit? , Ottawa lawyer David Hollingsworths shares…

Ottawa Injury Lawyer David Hollingsworth…A car break down or accident is never good, but it is worse during the winter months. A few inexpensive items kept in your car during winter months can help increase your safety and the safety of your loved ones. It is always wise to have an emergency kit in your car in case you ever need it. I came across some information on a website dedicated to cars and car safety, written by Aaron Gold. I thought I would share it with you as a reminder to us all as we head into the colder winter months here in Ottawa. 

In the event of an emergency…

1. Get assistance !

Roadside assistance: Most new cars include a roadside assistance program which will provide towing if your car breaks down. The Canadian Automobile Association (CAA) is  probably the best-known and most reliable third-party roadside assistance program in Canada.

Mobile phone and car charger: If you don’t have a mobile phone, and if you can, buy an inexpensive pre-paid unit to keep in your car so you can call for assistance. Make sure you have a car charger; some phones can also be charged from your car’s USB port.

OnStar: On many new cars, the OnStar system can get a live operator on the phone with the press of a button, and will automatically summon help if your car’s airbags deploy. Don’t forget, OnStar relies on the vehicle electrical system, so carry a cell phone as a backup.

2. Stay safe !

Emergency flares and/or hazard triangles: Winter accidents often result in damage to your car’s taillights, which means your hazard flashers will not work. In a snowstorm, other cars may not see your car until it’s too late to avoid it. Set out flares or hazard triangles to warn cars and avoid a second collision. If your car goes off the road in deeper snow, these items can also help emergency services find you and your vehicle.

First aid kit – Bad weather may delay emergency workers, so it’s a good idea to carry a basic first aid kit.

Small LED flashlight: Don’t rely on the vehicle’s electrical system for light — if it’s working, LEAVE IT-you want to conserve the car’s battery as long as possible. LED flashlights use much less energy than regular incandescent flashlights, making them a great choice for your emergency kit. The Mini Maglite LED is more expensive than many small flashlights, but its construction makes it well worth the price.

3. Stay warm

Emergency blanket: Cars use the engine to produce heat, so if the engine breaks, so does the heater. Even if the engine is working – say, after a car accident – running it can be dangerous, because if the exhaust system has rust holes or damage, fatal exhaust fumes can creep back into the passenger compartment. Besides, your car may not be the safest place to be in an emergency. Emergency blankets are small, light and cheap. Buy extras if you frequently travel with passengers.

Ski hats: Experts say that 30 to 40 % of body heat can be lost through the head. Carry a few inexpensive winter hats, large enough to cover the ears.

4. Keep busy !

Children’s books or games: If you travel with children, keep a few emergency children’s activities stowed away to fight boredom and keep the kids occupied while you wait for rescue.  

Non-perishable snacks: Munchies help pass the time and will keep your energy and morale up while you wait for rescue.

Where to carry your emergency kit?

The most logical place to store your emergency kit would be the trunk. The problem is if you’re in an accident that damages the rear end of the car, you may not be able to get the trunk open. Instead, carry your emergency kit in a small duffel bag stored in the passenger’s footwell, where it can be easily accessed by the driver . If your kit includes flares and you travel with children, store the flares in the trunk and keep a backup hazard triangle in the bag.

Most importantly , stay safe !!!

———————- The  Ottawa Injury Blog is written regularly by Ontario 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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Ottawa Accident Lawyer: Tailgating Test..do you do it ?

Ottawa Accident Lawyer David Hollingsworth discusses what exactly is a tailgate accident…We all have places to go and we all want to get there as quickly as possible.  I understand .  Many Ottawa accidents occur as a result of tailgating. As an Ottawa injury lawyer, I am reminded too often of the dangers of tailgating.tailgaitaccident

Tailgate Accidents , did you know…

  • That following closely and tailgating is the cause of the majority of rear-end collision accidents – which also accounts for 1/3 of all Ottawa accidents.
  • Between 2005 and 2007, 13,333 Ottawa accidents occurred, which resulted in 4,237 personal injuries and 11 deaths.
  • Most Ottawa accidents occur during morning rush hour, between 8:00 and 9:00 AM, then slowly taper off. Increasing gradually to peak at evening rush hour (4:00 PM to 5:00 PM) then again taper off during evening hours.
  • 72% of Ottawa accidents occur in clear, dry weather. 12% occur during rain,  and another 12% during snow or winter conditions.
  • Approximately 1/2 of Ottawa accidents occur at an Ottawa intersection.
  • Car accidents account for the majority of fatal accidents.
  • Approximately 30% of personal injury related Ottawa accidents occur when a driver disobeyed a red light.

What is considered tailgate?

What is a safe distance to travel behind other vehicles to avoid an Ottawa accident? Apply the two-second rule. It is the same method that is outlined in the Ontario Ministry of Transportation’s Driver’s Handbook. Use this test while driving.

  • Choose an object ahead of you on the road to use as a reference point– EX: road sign, pole or tree
  • Once the back-end of the vehicle ahead of you passes the reference point, start counting using steamboats.
  • Count how long it takes the front of your vehicle to reach the same reference point.
  • If it takes less than two seconds (or steamboats), you’re travelling too close and are risking an Ottawa accident.
    Important: In wet or slippery conditions, you should allow even more time. Allow yourself time to react and stop quickly and avoid an accident and serious personal injuries…. I came across this valuable information on the City of Ottawa’s website and thought I would share it with you. It make take a little extra time to get there, but avoiding an Ottawa accident and personal injuries….Please take your time and arrive safely…

Ottawa Ontario  Accident Lawyer David Hollingsworth has been helping Ottawa and Ontario  accident victims since 1999. accident victims are entitled to accident benefits even if they do not have their own insurance.  The claim is made against the driver’s insurance company.  Many accident victims are unaware of the benefits to which they are entitled to. With extensive experience and knowledge of relevant accident and personal injury issues, David has recovered millions of dollars in settlements  on behalf of his accident clients. David has the experience and skill to help obtain maximum compensation. David offers free consultations and makes  home visits or hospital visits. Visit www.ottawainjury.ca for more information. David understands, he cares and he is here to help.

 


Ottawa to add bicycle paths ? Reduction in Ottawa bicycle accidents and personal injuries ?

Ottawa Accident Lawyer David Hollingsworth , Personal Injury Lawyers . Good news for Ottawa cyclists….

Improve Safety in  Ottawa: Reducing bicycle accidents, cycling accidents

Personal injuries occur everyday that could be prevented, including injuries to innocent bicyclists who would be more safe on dedicated bicycle paths in the City of Ottawa. I am happy to share that The City of Ottawa intends to continue development of some key sections of the bicycle network in our city. The NCC may contribute to the initiative with five projects under consideration for 2011, which would help to link current pathways and to set up new pathways with improved access to key institutions, transit stations and communities. The Ottawa Citizen reports that this could cost in the realm of $7.7 million. Ottawa Council approved the long-range Ottawa Cycling Plan in 2008. According to the Ottawa Citizen, The Plan calls for 1,200 new km of bike lanes, multi-use pathways and bike-friendly paved shoulders over 20 years. Council also approved a $26 million spending plan over five years for the first phase of the project, which includes closing some of the gaps. The proposed pathways are designated in the cycling plan as future off-road cycling routes, and in a 2006 report, the NCC referred to four of them as projects to be constructed within 10 years, the staff report says.

The Ottawa Citizen notes that although the city hasn’t made a formal request, the NCC is aware of the staff report’s recommendations and “shares the city’s objectives of improving the pathway network,” said NCC spokesman Jean Wolff. Mona Abouhenidy, the city’s program manager of transportation strategic planning, said the NCC has so far been supportive of making the capital region more cycling-friendly, so she’s hopeful a cost-sharing agreement can be worked out.

Will this lower the rate of Ottawa cycling accidents?

Ottawa City staff are also exploring what other projects could be proposed for next year that wouldn’t involve the NCC.  “The ultimate objective is to create better and safer facilities for cyclists, so it becomes a more attractive mode of transportation,” Abouhenidy said. Between 2000 and 2009, the city added about 160 kilometres of new bike routes to its network. Including projects already underway in 2010, the city will have about 560 kilometres of the routes by the end of the year, Abouhenidy said.

Planners look at what cycling-friendly facilities can be added at the same time as other projects such as road reconstructions are done, she said. And city policies call for pedestrian and cycling facilities to be included on new and reconstructed roads. But it’s more of a challenge to link bike routes in older communities, where rights-of-way are limited and there are competing interests among drivers, cyclists and pedestrians, Abouhenidy said. And, of course, finding the money is always a challenge.

The Ottawa Citizen reports that city councilors such as Clive Doucet (Capital), Diane Holmes (Somerset), Christine Leadman (Kitchissippi), Maria McRae (River) and Rainer Bloess (Innes) were consulted for the staff report because the proposed work takes place in their wards, and all said they support filling the gaps. All but one of the proposed paths are within seven kilometers of Parliament Hill, a distance that takes about 20 minutes cycling at a moderate pace, the report says. They all connect to an off-road route or a street that has a bike lane.

If approved by the transportation committee, the proposal would go before council on Aug. 25. Meanwhile, the city is also conducting a cycling safety study, and on its website is asking for input on dangerous areas. Staff will then analyze up to 20 sites deemed to be well-used but “difficult.” It’s expected the study will be finished by the end of the year, “but an on-going program will be developed based on many of the recommendations made within this project,” according to the city.

The cycling plan will be conducive to a more “green” lifestyle contributing to less of an ecological footprint on our environment and notably, I hope will produce more safety for everyone on the roads, so that we can prevent personal injury and harm form occurring to you and your loved ones.

For more information related to cycling accidents and compensation, visit www.ottawainjury.ca/cycling-accidents/

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