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 Injury Lawyer on driving safety in eastern Ontario.

Personal Injury Lawyer Ottawa, David Hollingsworth

It’s that time of year again when the roads become more dangerous and we are also spending more time on the roads visiting friends. In light of the recent freezing rain conditions here in Ottawa , I thought I would help provide a few reminders when it comes to travel safety…

What to have with you in difficult winter driving conditions in Ontario…

Be prepared and have a first aid kit in your vehicle at all times with:

  •  ice scraper
  •  snow brush
  •  matches
  • candles
  •  flashlights
  •  flares
  • non-perishable snacks
  • rope
  • maps
  • booster cables
  • safety shovel
  • winter boots
  • blankets
  • gloves
  • cell phone
  • Have a HELP sign (to be placed on back of window)

What to do in difficult winter driving conditions in Ontario…

  • Keep windows, mirrors and lights free of obstructions.
  • Check  headlamps,  signals and tail lights are clear of  snow and ice
  • Clear off your car entirely, including side mirrors.
  • Install snow tires.
  • Add gas line anti-freeze to the fuel-tank when refueling in extremely cold weather.
  • Keep gas tank always be over 1/2 full.
  • Make sure you have properly functioning  windshield wipers.
  • Keep windshield washer fluid levels full.
  • Check engine oil and ensure you have winter weight oil   5W-30.
  • Keep battery dry, clean, well connected and free of corrosion .
  • Make sure tire pressure is balanced
  • Check tire condition
  • Check coolant level and mixture and have it flushed every two years.

What to do in freezing rain driving conditions in Ontario…

  • Avoid driving in freezing rain.
  • Allow extra time for travel.
  • Do not drive if there are whiteouts, freezing rain or blizzards.
  • Never drink and drive. Use a designated driver, taxis, walk or sleepover when possible.
  • Buckle up your seat belt.
  • Ensure all passengers are buckled up.
  • Don’t drive if you are tired.
  • Slow down.
  • Keep at least 2 chevrons between you and the vehicle in front of you.

An accident can happen in an instant and can be devastating.  Most accidents can be avoided.  Please take the time and share this with friends and family. It could help save a life.

Have a safe and happy holiday season.

-Ottawa Personal Injury Lawyer David Hollingsworth

 


Help and compensation for concussion injuries in Ontario accident benefits.

Concussions Injury Compensation Ontario.

I have had so many people come to me after a car accident in Ontario and they have no visible signs of an injury, yet they are suffering. After I hear about their day in and day out activities, it becomes quite apparent to me that they are suffering from a severe concussion. Concussions are a type of brain injury.  Although there is not always a blow to the head, a head injury can be equally or more painful.  In many cases, accident victims with severe concussions are not able to return to work or their everyday activities such as concentrating, remembering , or even simple tasks such as getting groceries or mowing the lawn. Suddenly noises, vibrations and lighting prevent them from any quality of life. No two concussions are alike and the effects suffered by brain injury victims will be different. The brain is one of the most complex organs in the body which controls all of the body’s functions. When these bodily functions are compromised, accident victims can suffer physically, mentally, and emotionally.

There has been a rise in public awareness when it comes to concussions.  It was previously believed that small blows to the head had little impact on one’s brain health.  Now, however through research, we know that these impacts can result in brain injury.

As an Ottawa personal injury lawyer I find this development in research to be amazing. With the new technology developed to test for concussions and brain injuries, I am able to help my clients get identified and get the medical help they need in a timely manner.  After that, I am able to help them get the maximum financial compensation for their concussion injury.

Concussion symptoms ….

  • Headaches
  • Trouble with memory
  • Temporary loss of consciousness
  • Slurred speech
  • Dizziness
  • Ears ringing
  • Nausea
  • Unusual fatigue

When someone suffers from a concussion, it is important that I work closely with their  family and  healthcare practitioners to ensure that we are keeping a close eye and making sure to note any changes or triggers with their concussion. Coping with the needs of a brain injury victim is extremely difficult for everyone involved.

Concussion injuries can be life changing

A severe concussion is life altering for everyone involved. I understand the pain and frustration involved when someone suffers a severe concussion. I have been able to put many things in place and help secure my clients financial futures as many have been unable to return to work.

In Ontario, people who have suffered a brain injury as a result of an Ontario car accident are entitled to compensation for their losses from their own insurance company. Insurance companies must pay for accident benefits for such things as lost income and  housekeeping, medical bills and rehabilitation. There are time limits in Ontario when it comes to applying for Ontario accident benefits. Some insurance companies will deny a claim, even if the insurance policy covers the entitled to Ontario accident benefits.  This is where personal injury lawyers can really make the difference.  An experienced Ontario personal injury lawyer will step in and represent you.  The best Ontario personal injury lawyers will ensure you are getting ALL of the accident benefits you are entitled to and make sure that you and your family are taken care of in the years to come. Insurers often deny accident benefits they are supposed to pay out on.  Every concussion and brain injury is different and therefore every Ontario accident claim is unique.

If you have suffered a concussion or if a friend or family member is suffering from a severe concussion, we understand and can help you. We can’t undo the damage that has been done, but we can help you get much needed resources that can help you regain control of your life. Your quality of life is extremely important; not only for you but for your family.  Your concussion may get worse, but hopefully it will get better. We can help you along the way. Hang in there and let us help !

 


Ottawa Personal Injury Lawyers who offer free consultations…

Ottawa lawyers free consultations

You may have a small case and are thinking of handling it on your own and just need some basic information on how to deal with an insurance company.  A free consultation from an experienced Ottawa personal injury lawyer may be all you need.  Most experienced Ottawa personal injury lawyers offer a free consultaitons are are glad to help. They may even have formsavailable that you need instead of you going out and searching for them. The top Ottawa personal injury lawyers can also let you know if you have a case and what you might expect as a settlement from your insurnace company, so that you have an idea of what to expect when dealing with them.

Personal Injury Lawyer Ottawa

If  you suffered a more serious personal injury, it is always best for you to meet with an experienced personal injury lawyer before you decide which Ottawa personal injury lawyer you want to work with. Keep in mind that the next several months or years may be very challenging and you need to know that you can relate, approach and work well with your Ottawa personal injury lawyer.  As an Ottawa personal injury lawyer, I usually like to meet with new clients at the location of their choice, so I know they are comfortable.  I usually listen and gather the facts and then let them know what Ican do for them.  I often suggest they take sometime to think about their decision and then contact me when they are ready. I truly feel that this is the best approach for everyone involved. Throughout the process, I often also meet with accident victims family members.  These meetings are so important and valuable for everyone.

No matter what the severity of your personal injury, it is always best to consult with an experienced Ottawa personal injury lawyer before negotiating with your insurance company.  After all, it’s free to ask questions ! As one of the best Ottawa personal injury lawyers, I am pleased to offer free consultations. I offer my services in English or French and am happy to travel to meet you throughout Ontario.

 


Orthopedic Injury, Broken Bones and Bone fractures: Why you may need an Ottawa Personal Injury Lawyer

Compensation for broken bone injuries

Personal Injury Lawyer Ottawa David Hollingsworth

One of the most common injuries in car accidents is broken bones; otherwise known as orthopedic injuries.  An orthopedic injury often may seem like a small injury; however these injuries often prevent people from returning to their everyday life and in some cases unable to return to work or enjoy a day without pain and suffering. I meet daily with people whose lives have been turned upside down because of an orthopedic injury. Not only are they suffering, their family is suffering. I’ve seen how an orthopedic injury can negatively change someone’s life. That is why I take orthopedic injury cases extremely seriously and fight the insurance company for maximum compensation. For years, even decades to come, most accident victims will need compensation for their orthopedic injury.

Often times, broken bones require serious medical intervention such as surgery , the insertion of metal hardware  plates , pins or screws  and typically require ongoing physical and occupational therapy.

Not all orthopedic injuries are the same…

There are several types of bone injuries or bone fractures. Generally, most orthopedic injuries fall into these categories:

1-Compound bone fracture – This is when the bone breaks through the skin and is an open fracture.

2-Simple bone fracture– This is when the bone breaks under the skin but is not visible from the outside and does not pierce the skin. There are several types of simple bone fractures.

3-Complete bone fracture –This is when a bone completely breaks; either in  two or more parts.

4-Incomplete bone fracture-This is when the bone cracks but does not break apart.

If you or a loved one has suffered an orthopedic injury, it’s important to remember that your insurance company needs to compensate you  for financial shortfalls, damages, rehabilitation and other Ontario accident benefits to which you may be entitled to. As an Ottawa personal injury layer who has had hundreds of bone fractures injury cases, I can honestly say that it is in your best interest to consult with a top Ottawa personal injury lawyer to know your rights and options. All my consultations are free and I’d be happy to help you get the maximum compensation for your broken bone injury.  You have to take care of yourself. You owe it to yourself and your family.

 


Ottawa Police planning to streamline accident reporting process, cut costs and lower Ottawa accident reporting times.

Ottawa Accident Report

Ottawa Police are planning to make improvements to their accident reporting system.  The accident reporting process should then be faster, safer, and more efficient  due to the new technology being used as well as designated Collision Reporting Centres (CRC) in Ottawa.

Motorists who are involved in accidents and who have not suffered injuries and have a vehicle that can still be driven will be able to attend one of the three designated reporting centres (open 7 days a week ) . The accident report will need to be filed within 24 hours. Ottawa’s 3 reporting  centres will be located at 474 Elgin Street, 211 Huntmar Drive and 3343 St. Joseph Boulevard.

On average, it takes 32 minutes before an available officer arrives on an Ottawa accident scene and the accident reporting process takes approximately  72-minutes. Now, with the new system in place, the process will be quicker it will also alleviate traffic around the accident.  Now under the new system, Ottawa accidents will be submitted electronically which will not only save time, it will save money , dropping the cost of each report $249 to $167.

If you plan on starting a personal injury lawsuit, you will need a police report.  Our lawyers can order a copy for you if you do not have a copy. Contact an Ottawa personal injury lawyer for a free consultation and let us help you get all the supports and compensation you are entitled to.


Ontario cyclists and accident benefits insurance compensation. You may be entitled !

Ottawa Bicycle Accident Lawyer David Hollingsworth

Did you know that as a cyclists you are entitled to Ontario accident benefits coverage ?

Your own auto insurance, may cover your physiotherapy, your income loss, pain and suffering, attendant care, rehabilitation or any other costs associated with your injuries as the result of a cycling accident. If you don’t have car insurance, the driver ‘s car insurance can also cover your costs. If a child suffers an injury while cycling, your vehicle insurance will cover the associated costs for recovery . Regardless of who is at fault, cyclists are covered.

Are there timelines to adhere to when it comes to cycling accidents ?

Yes, within 120 days of the cycling accident, you need to give notice to the driver’s insurance and your insurance company if you have one.  Your personal injury lawyer can do this for you. Then, a standard claim must be started withintwo years of the date of the accident.  There are exceptions to these timelines.  If you are unclear as to whether or not your timelines are up or not, contact an Ontario personal injury lawyer and they can answer that question for you.  If you are close to the limitation period, it is best to consult immediately with an Ontario personal injury lawyer, as it may take a little time to get the paperwork in to begin the claim.

Even if you have spoken with your insurance company, that does not constitute a claim being started.  Be careful that you do not miss the limitation period while discussing matters with your insurance company. If you aren’t sure of whether or not you will start a claim, it’s always best to get a free consultation for an Ontario personal injury lawyer and see what they have to say. After all, this is what they see day in, day out and they will be able to immediately point you in the right direction.

Will you need to go to court for a bicycle accident in Ottawa ?

In most cases, you will not go to court.  In most cases, your Ontario personal injury lawyer will negotiate a maximum settlement for you and deal directly with the insurance adjuster on your behalf.

How much will it cost to start a lawsuit for a cycling accident ?

In most cases , your Ontario personal injury lawyer will cover your costs as part of the claim. You will not have any out of pocket expenses .  Most Ontario personal injury lawyers will take your case on a contingency basis which means once and only when your case settles do you pay your personal injury lawyer and they will take an agreed upon percentage of your settlement.  This fee is discussed and you and your lawyer agree upon what that fee will be.

 


Ottawa Lawyers: Have you been in an Ottawa Accident ? What you do to report an accident in Ottawa.

Ottawa Accident ? How to report an accident in Ottawa.

The Ottawa Police services has a comprehensive website with valuable information for Ottawa residents. I stumbled across their accident reporting information and thought I’d share it with you.

  • A police report is not required when damage to all vehicles is under $1,000.
  • If there are personal injuries and the vehicle(s) cannot be driven,  9-1-1 should be contacted.
  • If there are no personal injuries, but the vehicle(s) cannot be driven, call 613-230-6211
  • If the vehicle(s) can be safely driven and there are no personal injuries, drive all vehicles to the same Police Station and  file an accident report. Important to note: Accident reports cannot be taken over the phone.

The Ottawa Police Collision Investigation Unit …

is responsible for investigating all fatal and serious life threatening motor accidents.  They also investigate hit and run/ fail to remain accidents.

If in doubt call the police and ask them what to do.Your next call may be to an Ottawa personal injury lawyer. They can advise you whether or not you may need a lawyer and whether its best to let them speak with your insurance company.  Make sure to gather as much evidence as you can. Take pictures, write down the sequence of events in as much detail as possible.  Most of all, take care of yourself first. Ensure you are safe and that you are not injured. If you think you might be seek medical attention immediately. The rest can wait.

 


If in an Ontario accident, do you have to provide your insurance information ?

Ontario Accident Insurance Claims

If in an accident, do you have to provide your insurance  information ?  The answer is yes. Section 200 of the Highway Traffic Act states that any person involved in an Ontario accident must, when requested, must provide his/her name, address, driver’s licence number, insurance policy information and ownership information.  This information must also be given to the police and to all witnesses or anyone else who may have been involved in the Ontario accident. Failure to comply with section 200 means that they are guilty of an offence.  On conviction , they can be fined or even imprisoned or have their licence suspended.

What you should do if someone refuses to give you their information.

Should someone refuse to give you their information, try to get as much information as possible and contact the police as soon as possible.   If the driver was uninsured , the police will have access to this type of information. Most likely, the police will charge the other driver.  In terms of Accident Benefits, you will still be covered by your own insurance company, so do not worry. Obviously it goes without saying, never attempt to be forceful with someone, simply write down what information you have and hand it over to police.

If you have been involved in an accident, it’s best you contact an Ottawa personal injury lawyer and together, you can determine what your rights are relating specifically to your accident.  Depending on the accident, nature of injuries, insurance policies and others involved, your options will vary. Experienced personal injury lawyers can help walk you through what you need to do and what you might expect in terms of rehabilitative support and compensation following an accident. Don’t think that every accident and injury is the same and just because your neighbour’s cousin was compensated a certain amount, you will be the same. You owe it to yourself to get informed. Contact our Ottawa personal injury lawyer for a free consultation.

 

 


Ottawa Police aiming to reduce personal injuries by focussing on unsafe lane changes

Ottawa Personal Injury Lawyer David Hollingsworth…Ottawa Police and the City of Ottawa’s Selective Traffic Enforcement Program (STEP) are targetting  Ottawa motorists performing  unsafe lane changes and those who inappropriately use reserved lanes to help keep Ottawa’s roads safe. This will be the focus for April.

Ottawa Accidents and Unsafe Lane changes

Unsafe lane changes caused 1,130  accidents  reported in 2010, resulting in one wrongful death and 111 personal injuries. 

Ottawa Accidents and Ottawa Drivers Driving in Reserved Lanes

In 2010, Ottawa motorists traveling in the reserved transit lanes caused 27 accidents which resulted  in  personal injuries. 

The  Safer Roads Ottawa Program is a partnership between Ottawa Fire Services, Ottawa Paramedic Service, Ottawa Police Service, Ottawa Public Health and the Public Works Department.  They are all dedicated to preventing or eliminating road deaths and serious personal injuries for all Ottawa people , through culture change, community engagement, and development of a sustainable safe transportation environment. 

I commend them on their efforts and support these amazing initiatives.  Let’s all do whatever we can to help reduce the number of Ottawa accidents and personal injuries.

—-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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Ottawa Police STEP program, Ontario Personal Injury Lawyer David Hollingsworth