Ottawa Accident Lawyer- Ontario Personal Injury Lawyer David Hollingsworth– The Ontario government has made changes to your auto insurance policy that have a direct impact on each and every one of us and come in effect September 2010.
Ontario Auto Insurance Changes: This summer, all Ontario drivers will be faced with the important decision of whether or not to purchase optional insurance -a basic automobile insurance package with reduced statutory accident benefits. My fear is that unfortunately, times are tough and most drivers will most likely opt for basic coverage.
Will you be affected? If you are in an accident and suffer a non-catastrophic personal injury, the answer is YES, you will.
Drivers with insurance who are in an accident and are deemed to have a non- catastrophic injury are the ones most negatively impacted by the Ontario government’s changes. The Ontario government is in the process of creating a basic insurance package of statutory accident benefits that lowers compulsory Medical and Rehabilitation benefits coverage to $50,000 from the previous $100,000. Attendant Care benefit insurance coverage will be reduced in 1/2 to $36,000 with other important restrictions.
As a Ontario personal injury lawyer, I highly recommend drivers to purchase the optional increase in Medical and Rehabilitation benefits for up to $1 million (which would include $72,000 for Attendant Care). Unfortunately the reality is most drivers will probably purchase the basic coverage. This, is in my opinion dangerous.
There are also major reductions in accident benefits for accident victims with a non-catastrophic injury claim. The Medical and Rehabilitation and Attendant Care benefits have been drastically reduced and Housekeeping and Caregiver benefits (unless you are catastrophically injured) have been completely eliminated. In most cases the at-fault insured driver will bear the costs of the reduction in the accident benefit insurance claim.
The definition(s) of catastrophic impairment has also changed, making it more difficult for accident victims to access their benefits. Assessment costs will now be deducted from the medical and rehabilitation benefits and that change will reduce the benefits available considerably. This means the costs to access your needs will now come out of your benefits, which is now reduced and capped. Meaning again, less compensation for Ontario accident victims.
Also of note, the definition of a catastrophic impairment changed and now will include single limb amputees and the evaluation of catastrophic impairment will be restricted to those practitioners who have both training and experience with catastrophic injury cases.
Unfortunately, basic auto insurance coverage does not adequately compensate Ontario accident victims and their families with the costs that are necessary in most accidents. I sincerely hope and recommend to everyone to purchase the extended coverage; knowing that will be difficult for a lot of people to come up with the extra funds each year; but in my opinion, this is an expense you don’t mess around with. I urge you to do what you can do to purchase the extended coverage.
At the best of times, Ontario’s car insurance regime is complicated and difficult to understand. If you are injured in a car accident in Ontario, you are probably entitled to certain “no-fault benefits”, but you may also have the right to sue at-fault parties for your personal injury. The right to sue is not unlimited in Ontario. There are many more proposed changes that will have a direct impact on you. For a detailed list and more information; feel free to email me for your FREE guide to Ontario’s auto insurance changes.
Ottawa Lawyer, Ottawa Injury Lawyers…Ontario Accident? What you must do…
Ottawa personal injury lawyer shares what you can do if you have suffered a personal injury.
Life can become extremely difficult when an accident or personal injury occurs and challenges your routine in life, and stops you from being able to enjoy activities with your loved one’s and family, whether they may be as simple as holding your son or daughter in your arms, and taking your dog for a walk. A minor injury can become serious when it affects you and changes your life. For the unfortunate among us who have experienced the death of a loved one and close friend, the scars that remain can last a lifetime. No amount of monetary award or benefit can fully compensate for the loss. Putting a price tag on how much a personal injury has cost can seem impossible, given that the only thing one could really want in such circumstances is to un-do the accident or have the loved one back.
In these circumstances, is vital for you to seek help from appropriate avenues, including close family, friends, health services providers, the services of an experienced and caring lawyer. It is important to have as many people on your side as possible. Getting advice from one of the best Ottawa personal injury lawyers is always good idea. David Hollingsworth meets daily with people who have been in an accident and just want to know what their rights are.
Why you should see experienced Ottawa personal injury lawyer:
– Conduct a prompt and thorough investigation of the accident scene
– Get medical advice (aches and pains often take a few days to develop and some injuries are not obvious).
– Preserve critical evidence at the scene (you may not know what is important and what is not)
– Start your potential lawsuit before your statute of limitations expires
What you need to consider after an accident:
– Medical circumstances: Go to a doctor ASAP to get checked out.
– Witnesses: If possible, get their address and phone numbers. It will be nearly impossible to reach them once everyone departs
– YOUR OWN notes: important details are still in your memory, so now is the time to write it down.
– Your Ottawa personal injury lawyer should be consulted as soon as possible.
– “On the spot” settlements can often leave you with less than you deserve. Your doctor will look at the extent of all your personal injuries, your need for medical treatment or perhaps surgery. An “on the spot” settlement may limit and restrict any future treatment.
If you have suffered a personal injury due to an motor vehicle accident, or any kind of personal injury from any other kind of accident, there are important reasons why you need to consult with an Ottawa personal injury lawyer as soon as possible. Waiting can often hurt your case as we have discussed. As time passes, materials can get forgotten and it may become impossible to collect crucial evidence and information. In short, if you wait, it can be much more difficult to prove your case.
This blog is prepared daily to report on Ontario accidents, personal injury law and resources available to Ontario residents. David helps Ontario accident victims get insurance benefits, support and proper rehabilitation they need after an accident. David Hollingsworth has been an Ottawa Ontario personal injury lawyer helping Ontario accident victims since 1999, with an established Ottawa law firm of more than 50 years of experience.
How Soon Should I See a Lawyer After a Personal Injury Or Accident?
How to Avoid Losing Your Prospective Settlement:
David Hollingsworth, Ottawa Ontario Personal Injury Lawyer, recommends that you learn as much as possible about your options AS SOON AS POSSIBLE if you or your loved ones have been hurt in a personal injury accident. Read on to learn more.
More often than not, victims of a personal injury accident (such as a motor vehicle or slip and fall, etc) wait too long before seeking the help of a lawyer. This often ruins any prospective chance of success in their case.
People wait too long before seeing a lawyer for various reasons, which may include:
Fear of the Process (Expenses, etc)
Fear of the legal process is a common concern for many people unfamiliar with the realm of personal injury law. At my law firm, I offer an initial, confidential and free consultation for all clients. I strive to help you in this consultation by learning as much as possible about your injury, your goals, and how I can help you to achieve your goals.
Embarrassment can be another barrier for many seeking help after a personal injury. I always emphasize the strict professional and confidential nature of my practice; there is nothing embarrassing about the road to recovery and claim settlement; it is my job to ensure that your voice is heard, and you are given all and everything of what you rightfully deserve.
If physical considerations such as confinement to a hospital bed or home exist, I am always happy to accommodate accordingly with a free no risk consultation where you are most comfortable. I will visit you in your place of recovery to help answer your immediate questions and concerns about your situation.
Finally, procrastination is another unfortunate reality with many victims of personal injury. As we have discussed, waiting too long to see your lawyer can spell doom when it comes to the prospect of your successful settlement and recovery.
These four enumerated barriers to meeting with a lawyer can mean that your claim is ruined. “Limitation periods” can affect your ability to gain what you rightfully deserve; once a limitation period has expired, it generally prohibits you from successfully lodging a claim. In Ottawa and the province of Ontario generally, you are granted two years to advance your claim, starting from when you first knew or ought to have known you have a cause of action to advance a claim. In practice, this is generally the date of your personal injury or accident. In special circumstances, the limitation period varies. With minors, for example, the limitation period begins to run as soon as that person arrives at the age of majority.
These variable circumstances emphasize the importance of consulting with an Ottawa personal injury lawyer such as David Hollingsworth as soon as you have the opportunity after your accident or personal injury. A top Ottawa personal injury lawyer will be able to advise you and your family on the most appropriate steps to take in a situation of minor or tragic personal injury, so that you can secure and protect your valuable interests and better cope with the trauma and pain of your injury or loss. A good personal injury lawyer can enable and empower you with the guidance and support necessary to have a smooth, and successful recovery after your accident, and to secure and protect the interests of you and your loved ones.
David Hollingsworth is a leading Personal Injury Lawyer in Ottawa, Ontario Canada. For more information regarding your personal injury case visit www.ottawainjury.ca or contact David directly at 613 978-9549.
Ontario Personal Injury Claims: Pain and suffering Compensation. How Much Is My “Pain and Suffering” Worth?
One of the challenges that I face as an Ontario personal injury lawyer in Ottawa is explaining to people who have been seriously injured how much pain and suffering compensation they are entitled to. Each and every case is different. Calculating how much compensation an Ontario accident victim should receive for pain and suffering is also very challenging.
What is Pain and Suffering ? Compensation that lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.
How Do Courts Calculate “Pain and Suffering”? Unfortunately, there is no specific answer for calculating pain and suffering. Each case is very unique. What a judge does when determining compensation for pain and suffering is evaluate how the personal injury has affected the victim’s ability to function in everyday life and how the injury has effected the person’s enjoyment of life. From there compensation is calculated.
In other words, how have your injuries affected your normal day to day activities; ability to work; and your normal amenities of life? Your personal relationships ? How do your injuries affect the way you interact with your friends and family? Your co-workers ?
Maximum Award compensation for Pain and Suffering. The Supreme Court of Canada has placed a limit on the amount of compensation that accident victims are entitled to receive for non-pecuniary damages for pain and suffering. To date, the maximum compensation is slightly more than $300,000.00. The maximum amount is only paid to the most catastrophically injured victims (quadriplegic, paraplegic, brain injury etc..) .
If you are considering a claim for compensation and live in Ontario, it is important to have an experienced Ontario personal injury lawyer assisting you collect all the necessary information you need to make a detailed claim. Which will in turn, help assess your damages claim for pain and suffering. The best Ontario personal injury lawyers can help ensure you prepare your case properly, in a manner that will show the courts the amount of pain and suffering you are living with and the need for maximum compensation for you not only today but for the rest of your life.
I have been representing victims of serious personal injuries for over 10 years, helping injured victims get maximum compensation for their personal injuries.
Contact me for a free consultation. Home and hospital visits. Contact www.ottawainjury.ca
David Hollingsworth, Ottawa Personal Injury Lawyer has a team of professional working with him in the area of Accident Benefits. Following is a summary of the most commonly-accessed accident benefits. It is not a complete list of all available benefits.
- Income replacement. You are entitled to 80% of your net income to a maximum of $400 per week if you are substantially unable to perform the essential tasks of your occupation or employment during the first 104 weeks. Thereafter, you can continue to receive these benefits as long as you are continuously disabled from any occupation for which you are reasonably suited by education, training and experience for up to $400 a week or 80% of your net income.
- You may receive non-earner benefits of up to $185 a week if you are not employed. If you suffer a complete inability to carry on a normal life as a result of the injuries from the accident. No benefits are payable under this category for the first six months after the accident.
- Caregiver costs of up to $250 a week, if you were the primary caregiver of a person in need (with whom you were residing), plus $50 for each additional person in need of care
- Medical and rehabilitation costs (above OHIP) to a maximum of $100,000 for up to 10 years for a non-catastrophic injury, and up to $1,000,000 for the rest of the victim’s life in the case of a catastrophic injury.
- Special Attendant Care of up to $3,000 a month for two years for a non-catastrophic injury, and up to $6,000 a month for the victim’s lifetime for a catastrophic injury.
- Housekeeping and Home Maintenance of up to $100 per week.
- Death Benefits of $25,000 for the spouse of the victim; $10,000 for each of the victim’s dependents; $10,000 to the person who cared for the victim; up to $6,000 for funeral expenses.
- Travel Expenses for family members or those living with the accident victim for their visiting costs during treatment or recovery.
- Lost Education benefits for students to a maximum of $15,000.
What to do after an accident in Ontario
I truly hope you aren’t in an accident but should you be, here are a few important things you should do:
Give all information about the accident to the police
Get names and addresses of parties involved and witnesses
Notify your insurance company of the accident and record insurance information
Notify your doctor, employer or school
Keep track of all medical and rehab appointments
Keep track of receipts of related expenses
Keep track of time family and friends have provided care
Check for other available health insurance coverage plans
And of course, call a personal injury lawyer….
Who ? I know…Call me – David Hollingsworth (613) 237-4922 ext 203 or (613) 978-9549
Our lawyers are available by phone, text or email to answer any questions you may have following an accident. It’s our hope that you recover completely from your accident; however if you don’t , you need to put a plan in place. Our Ottawa injury lawyers are experienced in helping put these plans together for people who have been injured. We work closely with the families of our clients ; who are often times the ones in charge of making most of the decisions for their loved ones. Our Ottawa injury lawyers will work for you and ensure you are being treated fairly. Navigating the insurance system in Ontario can be very complicated and our lawyers have the experience to steer you in the right direction.
If you have a simple question, don’t be afraid to ask. the more information you have the better. It’s important you know your rights and what you and your family is entitled to. Whether or not you decide to make a personal injury claim is up to you and it’s important you make that decision with all the correct information.
This decision may affect the rest of your life. Make sure you make the right one.