Ottawa slip and fall accident
A pre-spring thaw has left Ottawa walkways wet and slushy and sadly this may lead to a slip and fall accident. Freezing temperatures forecasted for the weekend will turn that wet slush to ice, creating a hazard for those who may not prepared.
Slip and fall injuries have serious consequences with injuries ranging from sprains and fractures to brain or spinal cord injuries. The weather aside, one of the biggest contributors to pedestrian accidents is distraction. People are walking, looking at their phones and not paying attention to what’s happening around them. Icy conditions increase the hazard.
* Give yourself lots of time to get where you are going. Take short steps and walk at a slower pace.
* Use the railing when walking down stairs.
* Pay attention to black ice. When the weather changes quickly, dew, fog or water vapour can freeze on cold surfaces and form an extra-thin, nearly invisible layer of ice,
* Carrying too much can upset your sense of balance. Lighten your load. You need to leave your hands and arms free for balance.
* Be prepared to fall and try to avoid using your arms to break your fall. If you fall backward, try to tuck your chin in so your head doesn’t hit the ground.
* Use special care when entering and exiting vehicles.
Compensation for slip and fall accident
Being aware of icy weather conditions, throughout the winter months or after a spring thaw, is important. Staying on top of the weather conditions helps you to know when to use greater caution. Winter presents a number of challenges for drivers and pedestrians, but when it comes to walking on icy roads and sidewalks, use extra caution and be aware of your surroundings. If you have been injured in a pedestrian, auto , or slip and fall accident, you may be entitled to compensation. Contact David Hollingsworth to learn more.
Accident while travelling?
Avoiding an accident while travelling is so important. Another blast of winter weather has hit the capital enticing more and more people to travel south to escape the cold and snow. A word of caution to those travelers, take a good look at your travel insurance policy. Know your own health conditions and
Each winter thousands of Canadians travel south for a little of sun and fun. Unfortunately, many of them will be injured while on vacation. Their injuries can range from minor cuts and bruises to quadriplegia and worse. Sadly, for these travelers and their families, obtaining full and fair compensation can be difficult.
As Canadians, we tend to make assumptions about health care coverage. We buy a travel insurance package and think that, like OHIP, all we have to do is present our card in case of emergency, no exceptions, no upfront costs. Unfortunately, this notion has cost Canadian travelers a lot of money and heartache. Resulting in an accident while travelling not being covered.
By definition, traveler’s insurance protects you in case of unexpected medical emergencies and related expenses that may happen while you are travelling outside of your home province or country.
Risk takers and binge drinkers beware. Traveler’s insurance may not cover accidents that happen as a result of participation in extreme activities. Skydiving, bungee jumping and cliff diving may not be covered under your policy. In addition, accidents that happen when travelers are overly intoxicated may not be covered.
Traveler’s insurance may not cover pre-existing medical conditions and pregnancy-related conditions may get limited coverage, this may include apremature delivery.
Travel insurance is not the same as liability insurance
Traveler’s insurance is not liability insurance. If you damage someone’s property while away on vacation and they sue you for damages, traveler’s insurance will not cover you. Separate policies need to be considered for liability.
Cross you Test and dot your Is because if you are found to have given false information on your insurance application, your claim can be denied.
Ontario Accident Benefits …Liberal Interpretation of “Accident” under SABS
By: Brent Meadows
Accidents in Ontario
In Ontario, if you are injured in a motor vehicle accident, you may apply for benefits under the Statutory Accident Benefits Schedule (SABS) regardless of fault. You may also seek compensation in tort by commencing a lawsuit against any person(s) at fault.
What is an accident ?
The Financial Services Commission of Ontario has recently dissected the term ‘accident’ in relation to the SABS. If an injured party can establish that they were injured as a result of an ‘accident’, they may apply for SABS benefits.
What accidents will be covered under accident benefits?
In Kasman and Security National, (FSCO A12-007175, October 2, 2014), Mr. Kasman, the applicant, alleged that he was injured in a motor vehicle accident and was therefore entitled to certain statutory accident benefits. He applied for benefits but was refused by Security National on the basis that he was not injured in an ‘accident’ as defined in section 2(1) of the Schedule.
By way of background, Mr. Kasman was struck on the head by the arm/gate that regulates entry into an underground parking garage. He walked and followed a car that triggered the arm to lift. The arm then lowered on his head as the car that Mr. Kasman was following continued into the garage triggering the sensor that causes the arm to lower.
Arbitrator Rogers had to decide whether or not Mr. Kasman’s injury was directly caused by the use or operation of an automobile. Security National relied on cases where individuals were not entitled to accident benefits and where their injuries were caused by an assault that occurred in or around a vehicle. In the ‘assault’ type of cases, Swaby v. Allstate Insurance for example, it was decided that the injuries did not arise out of the use of an automobile.
Arbitrator Rogers further differentiated the case at hand from Mahadan and Co-operators General Insurance Co (FSCO A00-000489, March 15, 2001) where an individual was injured after he placed groceries in the trunk of his car and soon after tripped on a pothole. The pothole broke the chain of causation and the claimant was not entitled to the accident benefits.
However in Kasman, the injury was directly caused by the car as it triggered the arm/gate to go up and down. Specifically, arbitrator Rogers noted that “Had the car hit the arm, which in turn hit Mr. Kasman causing injury, there would be no doubt regarding causation. I see no qualitative difference because the arm is remotely triggered.”
Arbitrator Rogers ultimately held that Mr. Kasman was injured as a result of an “accident” as defined in section 2(1) of the Schedule as the incident arose out of the use or operation of an automobile, and the use or operation of the automobile directly caused the impairment.
If you have been injured and aren’t sure of your rights, contact an experienced Ottawa personal injury lawyer. Most lawyers offer a free consultation and can walk you through your options and help you determine what’s best for you and your family moving forward. For more information, visit www.ottawainjury.ca/insurance-claims
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.
Meeting an Ottawa Personal Injury lawyer doesn’t have to be stressful.
As an Ottawa personal injury lawyer I highly recommend that if possible you bring someone you to your initial meeting with your personal injury lawyer. The reason for this is that these initial free consultations are usually packed with questions and information that is vital to your case. Often times, when I meet with new clients, I will ask the person they have brought to write information down so that later on, they are able to go over the meeting and see what was discussed, what is need for next steps and a general review of the meeting.
When people are injured in an accident, often times they have so many things rushing through their minds and so many stresses that they can often sit in a meeting and miss valuable information. I will often send my clients home with their notes and tell them to digest all the information I have given them and then email me or call me with their questions. IT’s also good to discuss what you understood with a loved one who was also there to make sure you both heard and are of the same understanding.
That’s not to say that if you come in alone, we won’t take care of you. We can write down everything for you and make sure that you receive all the information you need. Our initial meetings are usually just a chance for you to share with us the details of your accident and your injuries and then let us give you information on how best to proceed to make sure you are well taken care of.
It’s important for you to know it’s our job as Ottawa personal injury lawyers to respond to any questions or concerns. That’s what we are here for.
I can honestly say that when our clients leave our meeting, they feel relieved. They have had so many questions and concerns answered and are finally able to breathe a little better knowing that they will be taken care of.
If you or a loved one has been injured in an accident, take advantage of free consultation offers from reputable Ottawa personal injury lawyers. It’s your future and it’s important.
Teenage texting and driving has become a huge area of concern for new drivers. Thankfully, most new drivers now understand and respect the dangers of drinking and driving but unfortunately texting and driving seems to be the new focus.
The Ontario Provincial Police (OPP) reported that 35 people died last year because of distracted driving and 1,000 suffered serious personal injuries as a result of texting and driving.
The following statistics were found at www.textinganddrivingsafety.com. This website is an incredible website devoted tothe elimination of drivers from texting when driving. I encourage you to visit this site for many valuable resources, statistics, videos, campaigns, pledges and tools designed to share the text free driving message.
The reality of texting and driving..
- In 2011, there were a reported 1.3 million car accidents involving cell phones.
- The chances of being in an accident increase by 23X when you are texting. (National Hwy Transportation Safety Admin.)
Texting while driving causes…
- 1,600,000 accidents per year – National Safety Council
- 330,000 personal injuries per year – Harvard Center for Risk Analysis Study
- 11 teenage fatalities daily – Institute for Highway Safety Fatality Facts
- Close to 25% of motor vehicle accidents
Texting when driving is:
- About 6 X more likely to cause an accident than driving impaired
- As dangerous as driving after drinking 4 beers – National Hwy Transportation Safety Admin.
- The main cause of distracted driving for teenage drivers
Texting While Driving:
- Is as dangerous as the driving blind for 5 seconds at a time – VA. Tech Transportation Institute
- Takes place at any giver moment across the country by close to 800,000 drivers.
- Slows your braking speed reaction by 18% – HumanFactors & Ergonomics Society
The statistics don’t lie. Texting and driving has become a huge concern for all of us. This blog post focussed on teenagers and texting but that’s not to say they are the only ones. Adults are also texting and driving and often times their children are watching. We must educate our teenagers and all drivers to put down the phone and focus on the road. It has taken our society awhile to get there with drinking and driving and we still have a long ways to go; however, this newest generation of drivers seems to be understanding it more and more. Now, we must do the same with texting and driving. I have 3 children who will all start driving in the next 10 years so I feel very strongly about this issue. Would love to hear your thoughts on what you think we can do to help eliminate texting and driving.
Throughout the years I have met with far too many families who have lost a loved one in an accident because someone was texting and driving. It is so hard for the families to understand how these accidents happen. I’m here to tell you, they do and they are devastating.
David Hollingsworth Injury Lawyers.
The Ottawa Police and Gatineau Police targeted distracted driving and cycling safety during the months of May and June and the results were astonishing. A total of 751 charges were laid in an effort to help make Ottawa and Gatineau roads a safer place. What is also interesting is the type of driving offenses that occurred in a short time frame of 2 months.
The Safer Roads Ottawa Program is a leading community partnership between Ottawa Fire Services, Ottawa Paramedic Service, Ottawa Police Service, Ottawa Public Health and the Public Works Department. These organisations work together towards preventing and eliminating accidents, deaths and serious personal injuries in the Ottawa area. Their goal is to change culture, engage our community and develop a sustainable safe transportation environment.
In the months of May and June, the following infractions occurred and Ottawa Police charged:
Motorcycle infractions 29
Running red lights 475
Impaired driving 142
Construction zone infractions 107
Ottawa Accident Lawyers
As an Ottawa personal injury lawyer, these infractions are shocking to us. It would seem that everyone of these infractions is preventable and could very well cause a serious accident. We all need to be aware of the severity and consequences of these infractions. You may think running a red light can save you 5 minutes in driving time; however the reality is that not running that red light might save your life and the lives of loved ones. Too often I meet with families who have lost a loved one or someone is severely injured and their lives have been changed forever. They would do anything to turn back the clock , they would do anything to not have had that accident. Often times the accident was not their fault and could have been avoided. Let’s all work together to make Ottawa roads a safer place to drive, cycle, walk and be on. Do your part.
Ottawa Insurance Claims Lawyers
Statutes of Limitations for Insurance Claims
Ottawa Accident Lawyer David Hollingsworth
Although it doesn’t look or feel like it, spring is officially here. With the warm weather coming , more Ottawa pedestrians will be taking to the streets. Here are a few things you can do to keep yourself safe.
To avoid a pedestrian accident, you should…
- always cross at crossways or traffic lights
- be alert
- ensure drivers see you before you cross any road;
- only cross a road when traffic has stopped;
- be cautious when crossing and do so promptly. Don’t waste time and make sure you get completely across before the light changes.
- do not wear headphones to listen to music. You need to hear the sounds around you.
- be aware of cars that may be turning and may not be able to see you;
- as much as possible, wear bright clothing or reflective wear and make yourself as visible as possible. Most of all, use common sense.
Accident benefits for pedestrian accidents
Did you know that pedestrians are entitled to accident benefits is they become injured as the result of a motor vehicle accident? A personal injury insurance claim is mad through the drivers insurance company and things like income replacement benefits, rehabilitation expenses, attendant care, hospital expenses, loss of education expenses, housekeeping, expenses of visitors etc.. can be covered
There are far too many Ottawa pedestrian accidents each year and sadly, most of them could be avoided. Both motorists and pedestrians need to ensure that they are doing everything they can to keep Ottawa roads safe and accident free. David Hollingsworth and his personal injury team are top Ottawa personal injury lawyers who dedicate themselves to ensuring that Ontario pedestrians get all the help, support and maximum compensation after an Ontario accident.
Feel free to contact our Ottawa injury law firm with any questions you may have and we would be happy to help.
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?