How to prevent motorcycle accidents..Ottawa lawyer David Hollingsworth

Ottawa Ontario Personal Injury Lawyer…www.ottawainjury.ca  It’s that time of year again when we will start seeing more and more motorcycles on our Ontario roads. Motorcycle drivers are much less protected on their vehicles and therefore need to take all safety steps possible to prevent accidents and personal injury. As well, all drivers need to be aware that we share our Ontario roads with motorcycles, bicycles and other vehicles. 

Thankfully Transport Canada has reported that the rate of deaths related to motor vehicle is slowly declining; however, the rate of motorcycle fatalities is on the rise. There are many possible reasons why this may be so.  There may be more motorcycles on the roads. Motorcycle riders between the ages of 45 to 54 are the most common ages amongst motorcycle drivers.

Ontario motorcycle helmet use has improved. Unfortunately3.1 % of motorcycle riders still drive their motorcycles without one. Head injuries are still the leading cause of deaths involving motorcycle accidents and motorcycle drivers without a helmet are 40% more likely to suffer a fatal head injury, and also 15% more likely to suffer serious personal injuries. A study that was previously done indicated that helmets saved 1,800 lives of motorcycle riders involved in accidents in 2007.

Please drive and ride safely  …

—-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.

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Ottawa Ontario Motorcycle Accident Lawyer David Hollingsworth


Ottawa Injury Lawyer :How long does it take for an Ontario personal injury lawsuit to settle ?

Ontario Personal Injury Lawyers, Ottawa Personal Injury Lawyer David Hollingsworth…How long does an Ontario personal injury lawsuit case take to settle?

Well, that’s an excellent question and there isn’t one straight forward answer.  The length of time it takes  for an Ontario personal injury lawsuit to resolve depends on several factors. The most important determining factors of an Ontario personal injury law suit are:

-The severity of your personal injuries..you will need time to determine the extent of the personal injury

-How quickly  information and documents are gathered

-How much cooperation your Ontario personal injury lawyer receives from the insurance defence lawyer

-The recommendations from your medical professionals

-How long it takes to gather all medical records

-If the case settles before trial

-How long it takes to obtain a trial date .

There are many steps along the way designed to reach a settlement without having to go to trial.  Most Ontario personal injury law suits settle before having to have a trial.  As an Ottawa personal injury lawyer, I have settled close to 100% of all my Ontario personal injury law suits without having to go to trail. There are stages in an Ontario personal injury lawsuit such as mediation, examination for discovery and settlement conferences that are steps in an Ontario personal injury lawsuit designed to avoid a trial.  I typically settle most of my Ontario personal injury lawsuits at these stages. 

The most important factor in an Ontario personal injury lawsuit in terms of time, is to make sure you take the time to do it right.  There is too much at stake not to. You may have your personal injuries for the rest of your life and you and your family need to be properly compensated .

—-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 Personal Injury Lawyer David Hollingsworth, How long does it take for an Ontario personal injury lawsuit to settle ?Injury Lawyers Ottawa Ontario


Steps Ontario personal injury lawsuits :What is an examination for discovery ?

Ottawa Ontario Personal Injury Lawyer David Hollingsworth www.ottawainjury.ca  Steps of an Ontario Personal Injury Lawsuit : Examination for Discovery

What is an Examination for Discovery in an Ontario personal injury lawsuit?    An examination for discovery is a very important step of an Ontario personal injury lawsuit.  It allows for questions to be asked under oath. It also allows both sides to share documents that relate to the Ontario personal injury lawsuit. All parties in an Ontario law suit have an obligation to list and give copies of all documents that are relevant to the Ontario personal injury law suit in a sworn affidavit. This is often the time when additional evidence will surface. This is also the stage in an Ontario personal injury lawsuit when the insurance company will be able to ask the accident victim questions.  Not to worry, your Ontario personal injury lawyer will be there to ensure that all the questions being asked are fair. Your Ontario personal injury lawyer will also prepare you for an examination for discovery ahead of time so you know what to expect. A court reporter will also be present to record the examination for discovery.

Sometimes in an examination for discovery, a question may be asked and the witness does not know the answer. Often times the Ontario personal injury lawyer and the lawyer for the insurance company will agree that the question can be answered later in writing as an undertaking.  Your Ontario personal injury lawyer will help prepare the undertaking and assist you in answering any undertakings.

An examination for discovery often “gets all the cards out on the table”.  The examination for discovery gives both sides a clear picture of all the facts in the Ontario personal injury law suit and allows for better communication and better chances of settling the Ontario personal injury lawsuit before it goes to court.

If you have any questions at all about your Ontario accident or your Ontario personal injury lawsuit, fell free to contact us.

—-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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steps Ontario personal injury lawuits, examination for discovery


Ontario personal injury, What is a mediation? Ottawa injury lawyer explains…

Ottawa Ontario personal injury lawyer David Hollingsworth.. What is a mediation? How does a mediation affect an Ontario personal injury lawsuit?  Not all Ontario personal injury lawsuits get to the mediation stage.  Some may settle before that.  A mediation in an Ontario personal injury lawsuit is a step that both sides agree to take in order for a speedier resolution and hopefully have the Ontario personal injury lawsuit settle before going to court, which could take years.

In a personal injury mediation, both sides agree on using a mediator. The mediator’s job is to  help both sides come together and reach a settlement.  Mediators are neutral and are there to help both sides reach an agreement.  A personal injury mediation in Ontario is a step before court, whereby both parties can speak directly to one another and are really able to share with the other side what their needs are. It really is a very valuable part of the litigation process and typically results are fair.  Most accident victims find that because of the mediation process, they are able to avoid dragging out their personal injury case and avoid going to court. As an Ontario personal injury lawyer, I have found that almost all personal injury cases truly benefit from the mediation process.

Before going to the mediation, Ontario personal injury lawyers are required to prepare the mediator with the facts from their case.  Both sides will prepare their own version of this document known as a “mediation brief”. The mediator will typically begin the mediation by stating the facts, as they know them and then turn the floor to the  lawyers , who each get a turn to make their opening statements to both the mediator and the other side. In an Ontario personal injury case, the other side is the insurance companies’ lawyer; not the individual driver.

In Ontario, personal injury clients must be present at the mediation; however they are not required to speak. Their Ontario personal injury lawyer is there to represent them and speak on their behalf. Many accident victims like the fact that their lawyer speaks for them; while others do not.  At a mediation, the personal injury client is able to speak whenever they feel comfortable, they just don’t have to.  This includes answering any questions from the insurance company. The insurance company does not have their client there.  In fact, in most cases, the other driver is completely uninvolved in the lawsuit and has no idea as to what amounts or details there are in the case. The settlement cheque does not come from the driver, it comes from the insurance company. The insurance company also does not report back to the driver the amount that was reached at settlement.

Once all of the information has been presented by both lawyers; both sides will typically break off in separate locations to discuss freely and openly what offers they will accept and what offers they would like to make in the hoped of settling the case.  The mediator will flow back and forth between both rooms and offer counsel and suggestions to help both sides reach an agreement.

Most Ontario personal injury cases will settle at the mediation stage but not all do. In the case where it does not settle, the mediation process still helps forward the case along as both sides were able to share information and truly get a sense of where the other side is coming from. Sometimes, the mediation allows both sides to leave with some time to think about things and then over the course of the next little while, they are able to reach a resolution, as they have had some time to let things settle and they have had time  to simply think. And that is a good thing.

—-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 happens mediation? Ottawa personal injury lawyers, Ontario personal injury lawyers, Mediation process Ontario


Ottawa personal injury lawyer cautioning all Ontario distracted drivers.

Ottawa Personal Injury Lawyer David Hollingsworth… Ontario Provincial Police have a new focus:  distracted drivers. The OPP are going to crack down on people driving who are doing almost anything other than driving. Yes, that’s right. What does that mean? It could be cell phone or texting, fiddling with the radio in the car, eating and drinking, smoking, dealing with children. Anything that distracts drivers from the road.  I can honestly say as an Ottawa personal injury lawyer, there are far too many accidents as a result of distracted driving. 2012 has just begun and already we have 8 people who have been killed on Ontario highways due to distracted driving.

I know we are all in a rush but please put the phone away.  Don’t even keep it within arms reach when driving.  That way you won’t be tempted to answer it. Return your calls/texts when you arrive SAFELY at your destination.  Before cell phones, people managed and so can we.

Please drive safely out there !                                    -Ottawa Personal Injury Lawyer David Hollingsworth

———————- This  Ottawa Injury Lawyer Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer dedicated to helping Ontario accident victims and the families of accident victims who have been seriously injured or 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 topic you would like me to write about or  if you have a question,  please call or email me: david@ottawainjury.ca (613) 978-9549

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Ottawa personal injury lawyer David Hollingsworth, Ontario accident lawyers, distracted driving


Ottawa Personal Injury Lawyer Discusses Liability, David Hollingsworth

Ottawa Personal Injury Lawyer David Hollingsworth…As you may know I often am asked to appear on CTV to discuss issues that relate to Ottawa personal injury, Ontario personal injury, liability in Ontario, brain injury, spinal cord injury, Ottawa law firms, catastrophic injury claims, trauma injury, slip and fall insurance claims and liability issues.  I recently uploaded some of the segments.  They can be seen here:

 http://www.youtube.com/watchv=d9TqWG0CdNU&context=C3071b40ADOEgsToPDskKdJ6MEdSUcGeAMhyKOKEss

If you have any questions that relate to Ottawa Personal Injury or Ontario Personal Injury and think you may need  an Ontario lawyer in Ottawa, feel free to call me for a free consultation. Visit www.ottawainjury.ca

———————- 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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Ontario Insurance Claims Lawyer, Ottawa Ontario Personal Injury Lawyer David Hollingsworth


Ontario Accident Benefits Insurance Claims, Lawyer David Hollingsworth

Ontario Accident Lawyer David Hollingsworth, Ottawa Personal Injury Lawyer David Hollingsworth

What are Ontario Accident Benefits Insurance Claims ?
 
When you or a loved one is involved in an Ontario accident, the first step toward making a claim is to contact your own insurance company. This is the case regardless of whether or not you are at fault, whether you are a pedestrian, or whether you were a passenger in a vehicle. Your own insurance company will be responsible for providing you with Ontario Accident Benefits. Ontario Accident Benefits are designed to provide you with all of the medical treatments that you need, medications, assistance with housekeeping and homemaking, attendant care (someone to help you with your own personal care), other family expenses, income replacement or caregiver or non-earner benefits, occupational therapy assistance, assistive devices, job re-training, as well as other benefits.

Filling out the insurance forms can be a time consuming, confusing and frustrating task. Don’t let this stop you from getting what you help you need and deserve. David and his team of personal injury professionals will help you complete these forms. If you plan to pursue the other driver for compensation for pain and suffering, loss of income or medical or other expenses, you must first apply to receive Ontario Accident Benefits.

Let David tell you more about the importance of making an Ontario Accident Benefits claim and maximizing these benefits.

————————————————————————————————– This Ottawa Injury Blog is written regularly by  Ontario bicycle accident and  injury lawyer David Hollingsworth. David has been an Ontario injury lawyer representing Ontario accident victims since 1999. 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

mobile   (613) 978-9549      (613) 237-4922 ext.203

Ontario Accident Benefits Lawyer , Ontario Accident Lawyers , Ottawa Catastrophic Injury Lawyers Ottawa  David Hollingsworth

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Ontario Injury Lawyer David Hollingsworth: Stages of an Ontario Personal Injury Lawsuit

How long does a personal injury lawsuit take in Ontario?

After an accident, your world is turned upside down.  You may have lost a loved one or you may be in pain and unable to do some everyday tasks you once could. You probably have a million questions that need to be answered.

An Ontario personal injury lawyer can help answer any questions you may have that relate to Ontario accidents, personal injury, accident benefits, insurance claims, medical specialists, services available and more …

Most people who come to me as an Ontario personal injury lawyer want to know: how their case will proceed , how long it will take and what is the maximum compensation they are entitled to in Ontario.

There is no one answer to these questions but after reviewing all the facts in your case, an Ontario personal injury lawyer can best give you an idea of what course to take and what compensation you are entitled to.

What happens in an Ontario personal injury lawsuit?

Step 1:  

Shortly after you hire an Ontario personal injury lawyer, they will  notify the defendant (i.e. the person’s insurance company who you plan to sue) that you intend to file a claim.

Typically, the  insurance company will try to negotiate directly with you and hope that an Ontario personal injury lawyer does not become involved.

The reason for this is that typically Ontario personal injury lawyers can negotiate  a much much larger settlement amount in compensation.

They know how to develop a personal injury case to show not only what compensation  you need now but what compensation you will need in 20 years from now, as the result of an accident.

 

Step 2:

If the insurance company does not offer you a reasonable amount,  your Ontario personal injury lawyer will commence the lawsuit.  This is done by filing a document called a “Statement of Claim” with the Court office and then serving the defendant with the Statement of Claim.

The insurance company generally have their  own lawyers and will in turn file a “Statement of Defence”.

The Ontario personal injury lawyer and the representative for the insurance company then exchange documents and proceed to “examinations for discovery”.

At the examinations for discovery, each side is asked questions about the accident by the other party’s lawyer.

The best Ontario personal injury lawyers will  arrange medical examinations for you.  The insurance company is also entitled to have you seen by medical professionals it chooses, although there are limits on this right. This is not something you should be afraid of; don’t worry.

 

Step 3:

Your Ontario personal injury lawyer and the insurance company can offer settlement compensation at any point and your Ontario personal injury case can be resolved at any given moment.  A lot of Ontario lawsuits are settled at a “mediation”.

A mediation in Ontario is an attempt to settle the case.  The Ontario personal injury lawyer and the insurance company agree upon  the mediator they want to reach a settlement amount in their personal injury case.

A few months before trial, there will also be a “pre-trial meeting.

 

Step 4:

The pre-trial  meeting is a venue, whereby an Ontario judge can offer input to the Ontario personal injury lawyer, as well as the lawyer for the insurance company. Typically, the Ontario judge will offer their opinions in regards to the strengths and weaknesses of the case.

Often times, cases settle at, or shortly after, the pre-trial meeting. Most Ontario personal injury lawsuits are settled before trial.

However, some lawsuit do not settle and  you will be given a trial date.  The unsuccessful party at trial can appeal the trial decision to the Court of Appeal for Ontario.

  

How long does a personal injury lawsuit in Ontario take to resolve?

The length of time it takes to resolve an Ontario personal injury lawsuit depends on many factors:

  • How quickly you respond to your Ontario personal injury lawyer’s requests for information and documents;
  • If the insurance company is cooperative;
  • How long it takes for your doctors to provide a report as to what the long term implications of your personal injuries will be;
  • How much time it takes to prepare and receive reports from doctors, other health professionals and other institutions;
  • How long it takes for the defence lawyer to arrange various defence medical examinations: and
  • How long it takes to obtain a trial date in Ontario.  The sooner you commence your lawsuit, the better.

 

The most important thing you need to do after an accident is recover and rebuild.  You will need help and support. Ask for help from friends and family.  They are for you.  Don’t worry about your Ontario personal injury lawsuit. Your Ontario personal injury lawyer will do that for you.

They will represent you and fight on your behalf to ensure that you get everything you need and are entitled to. These are some of the most difficult and stressful times of your life; focus on yourself, family , friends and recovery.  By hiring one of the best Ontario personal injury lawyers, you can concentrate on your recovery.

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Visit www.ottawainjury.ca for more information. David understands, he cares and he is here to help.

mobile (613) 978-9549 / (613) 237-4922 ext.203

 


What is a personal injury? Compensation for injuries in Ontario.

David Hollingsworth discusses what constitutes a personal injury in Ontario.

accident benefits insurance

What is a personal injury ? What compensation for injuries is here in Ontario? Does a personal injury automatically result in compensation? A personal injury may be so severe that it is obvious, while others are not. Some personal injuries are harder to see, yet may be equally as painful and life-changing. The following are some of the more common personal injuries, but do not include all…

motor vehicle accident injuries- car accidents, motorcycle accidents, boat accident, ATV accidents, snowmobile accidents, etc..
paraplegia
quadriplegia

spinal cord injury 

accident amputations -loss of  limbs 

brain injuries 

head injury 

whiplash injury 

orthopedic injuries (broken bones) 

lacerations, burns and scarring 

chronic pain 

fibromyalgia 

chronic fatigue 

pain and suffering 

other injuries resulting from an accident

Navigating the insurance process can be confusing. Although these are some of the more common injuries we see, it’s important to note that not all injuries are the same severity and compensation amounts vary. For example, one person may suffer from chronic pain and still be able to work and resume some of the life activities they once enjoyed before their accident.  Another person may suffer a chronic pain injury and not be able to return to work and their life is forever changed.

The amount of compensation in Ontario to which an Ontario accident victim is entitled to varies.  There are a number of factors that go into determining compensation in Ontario such as severity of injury (physical, mental and psychological), future care and medical needs, loss of past and future income, need for ongoing house-keeping assistance, attendant care and caregiving to which you are entitled to.  Experienced Ontario personal injury lawyers work directly with medical doctors, social workers, psychologists, occupational therapists, physiotherapists, other treating health practitioners to  support you and ensure you are getting everything that  is needed.

 

 


Ride and stay alive ! Ontario Snowmobile Accidents Safety Tips, Ottawa Lawyer

Snowmobile Accident Lawyerssnowmobileaccident

I have yet to ride a  snowmobile myself,  but I can understand the attraction.  Sadly, every year in Ontario, the number of snowmobile accidents is staggering.  Winter is certainly upon us and I thought after this week’s big chill, it might be a time where more riders are out on their vehicles ( yes, a snowmobile is a motor vehicle) and thought I’d share some very obvious basic safety tips that simply serve as a reminder to everyone out there heading out on their sleds.

Snowmobiling in Ontario:

If you plan on riding across Ontario lakes or Ontario rivers, investigate the conditions before you go and  cross only by following marked stake lines. For your safety, follow these safety tips:

  • Wear a bright, buoyant snowmobile suit.
  • Carry ice picks at all times.
  • If your snowmobile breaks the ice:
  • Place hands/arms on unbroken ice while kicking hard to propel your body as far as you can onto the ice, like a seal.
  • Kick vigorously into a horizontal position and swim to the nearest ice edge.
  • Once clear, stay flat and roll away to stronger ice.
  • Quickly replace wet clothes, keep moving to generate body heat, and find immediate shelter and warmth if possible.

Avoiding Snowmobile Accidents at Night:

9/10 snowmobile fatalities, occur after dark. Slow down, don’t overdrive your headlights. Becoming disoriented or lost is much more likely to happen at night. Wear bright outer clothing with reflective trim on the arms, back and helmet. Never ride your snowmobile alone at night. Always dress in your full reflective snowmobiling outfit even if your intending to just go next-door. You never know….

Avoid Alcohol= Avoiding Snowmobile Accidents- Sadly, alcohol is involved in over 70% of snowmobiling accidents that tragically end in death.  Any amount of alcohol can impair your perception, slow your reaction time and limit your ability to control your sled at a critical moment. Operating your snowmobile while under the influence of alcohol is punishable under the Criminal Code of Canada. If convicted of driving a snowmobile while impaired, you will lose all driving privileges (car, truck, motorcycle, off-road vehicles and snowmobile).  In other words, if you drink and drive your snowmobile,  both your driver’s license and insurance are at risk.

Reduce the Chances of a snowmobile accident by driving defensively.

Engine noise and your helmet may impair your hearing, so be extra alert for danger. You can only control your snowmobile driving, not how others drive.  Your safety is in your own hands, so watch out for a variety of conditions, including:

  • Oncoming sleds
  • Obstacles hidden by the snow
  • Trees and branches on the trail
  • Slow grooming equipment
  • Bridges, open water and
  • Other trail users (skiers, walkers)
  • Wildlife
  • Unexpected corners, intersections and stops
  • Trail wash outs and flooding
  • unsafe ice
  • Snow banks and moguls
  • Road and railway crossings
  • Logging operations

Get out there and enjoy this beautiful, cold winter we are having….but please be safe.  Before you hop on your snowmobile, take a few seconds to prepare yourself in the event of a snowmobile accident.  Should you be involved in an Ontario snowmobile accident, know that there are accident benefits to which you are entitled to through your car insurance. Contact an Ontario personal injury lawyer to find out how best to maximize your compensation.

  • Source: Ontario Federation of Snowmobile Clubs