Ottawa Personal Injury Lawyers David Hollingsworth and Associates. What injuries are deemed a catastrophic injury? What is the definition of a catastrophic injury? Well, it has changed and changed for the better….In an interesting case Pastore v. Aviva Canada, the Court of Appeal of Ontario ruled that an injured victim does not need to be markedly impaired in more than one area of life to be deemed ” catastrophically impaired”. In this particular case, the injured party had been hit in a car accident in November 2002 . As a result of the accident, her left ankle was broken and over time her ankle healed improperly. The injured victim had a number of surgeries and consequently her right knee also required surgery due to the injuries in her ankle and the manner in which she now walked. As a result of these injuries, the victim became dependant on others for everyday activities she once was able to perform on her own. This dependency also affected the victim’s emotional and psychological well-being.
In May 2005, the victim Ms. Pastore applied to the Aviva insurance company to have her injuries deemed as a “catastrophic impairment” and it was determined that she had a catastrophic impairment : “mental or behavioural disorder.” It was deemed that Pastore had a class 4 or “marked impairment” due to her daily living and she was rated with an overall assessment of class 3, which is a moderate impairment. What this meant was that she was now meeting the threshold for a catastrophic impairment in one category. A catastrophic impairment designation requires impairment in all four categories. The case was brought to the Court of Appeal and it was there decided that Pastore’s position, according to the language in the Statutory Accident benefits did not require “marked impairments” in each of the four categories of a catastrophic impairment designation.
This is excellent news for Ontario accident victims. This decision allows for additional Ontario accident benefits for injured victims. We have many clients who thanks to this decision, will be able to receive the help and support they need. This is great news for Ontario accident victims and their families. Many accidents leave people with physical injuries , but also injuries such as chronic pain, and emotional and psychological impairments . Thanks to this decision, there will be increased benefits for people suffering from these impairments.
David Hollingsworth and Associates . We are Ottawa injury lawyers with a wealth of experience . Our lawyers work closely with you our clients to make sure no stone in unturned and that our clients receive all the support and compensation they need following an accident in Ontario. If you are injured, it’s important that you meet with an experienced Ottawa personal injury lawyer who knows how best to help you. There is far too much at stake to be with the wrong lawyer. We pride ourselves on our high success rate, our experience and our valuable relationships with our clients. Your future and your families future is important and we understand that. We are here for you and with you every step of the way. Contact us for a free consultation. Visit www.ottawainjury.ca or email firstname.lastname@example.org
We understand, we care, we’re here to help …and our track record proves it.
Ottawa Spinal Cord Injury Lawyer David Hollingsworth
Some of my most severe personal injury cases are where someone has been involved in an accident which has resulted in a spinal cord injury. Not only has their life completely changed; so has their families. Every person who suffers a spinal cord injury faces different challenges. Some have excellent family support; while others are alone. Some have insurance coverage; while others have none. A spinal cord injury can be devastating and life-altering. It’s important to completely understand your spinal cord injury and ensure that you are adequately provided for throughout your rehabilitation and throughout the rest of your life moving forward.
Types of spinal cord injuries.
Any spinal cord injury can occur anywhere along one’s spinal cord. Typically a spinal cord injury is the result of damage to spinal cord cells. This damage causes a loss of communication between the brain and the parts of the body below the injured area. In other words, the higher the injury along the spinal cord, there is a higher chance of having problems with the injury. Often times, there is a loss of movement and sensation in body parts.
Paraplegia is often the result of an injury at the thoracic level of the spinal cord. It often results in loss of sensation and paralysis in one’s lower body and legs.
Quadriplegia is often the result of an injury to the cervical area of the spinal cord. It also may result in loss of sensation and paralysis in both the arms and the legs or it can also result in sensation loss in all areas below the neckline.
Spinal cord injuries are divided into 2 types of spinal cord injuries: complete spinal cord injuries and incomplete spinal cord injuries. It is possible that a spinal cord injury classification change during the recovery process.
Complete Spinal Cord Injuries.
Typically a loss of sensation and motor ability is associated with a complete spinal cord injury caused by bruising, loss of blood to the spinal cord, severe pressure to the spinal cord, or cuts and severed spinal cords. Typically a complete spinal cord injury results in a total loss of sensation and movement below the spinal injury site.
Incomplete Spinal Cord Injury:
An incomplete spinal cord injury does not always result in complete loss of movement and sensation below the injury site.
Most common causes of spinal cord injury:
Auto and motorcycle accidents are the leading cause of most spinal cord injuries. Car accidents cause up to 40% of new spinal cord injuries every year.
Slip and Fall Accidents:
Spinal cord injury after the age of 65 are most often caused by a slip and fall accident. Overall, slip and fall accidents cause more than 25% of spinal cord injuries.
Violence: Close to 15% of spinal cord injuries result from acts of violence.
Athletic injuries: Athletic injuries, sports injuries, dives cause approximately 8% of spinal cord injuries.
Alcohol: Alcohol is a factor in approximately 25% of spinal cord injuries.
Diseases. Cancer, arthritis, osteoporosis and spinal cord inflammation are also some causes of spinal cord injuries.
If you or a loved one has suffered a spinal cord injury, it’s vital that you consult with a personal injury lawyer experienced in spinal injuries. Spinal injuries are the most severe of injuries and require extensive support, rehabilitation and compensation for a life-time. Our personal injury lawyers have helped many families who have a loved one with a spinal injury and we can help you.
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: email@example.com (613) 978-9549
steps Ontario personal injury lawuits, examination for discovery
Ontario Snowmobile Accident Lawyer, Ottawa Injury Lawyer David Hollingsworth..The weather we have been getting here in eastern Ontario has left many snowmobilers and ice fishing enthusiasts in a dangerous position. It seems as though one day, mild weather is on it’s way and the next we are hit with 15 centimetres of snow. What concerns me as an Ontario injury lawyer is how dangerous it can be out there on the ice. The most obvious snowmobiling rule is to never cross water as there are no guarantees that ice is thick enough to support a human or a motor vehicle such as a snowmobile. Ice is always dangerous and could break open at any point. I would caution everyone to stay clear of frozen water it is absolutely certain it is safe.
Snowmobiles have far less traction for starting, turning, and stopping on ice than they do on snow. It is always best to travel at slower speeds, allowing a snowmobile driver to keep better control and fast stop on shorter notice. Trying to stop a snowmobile that is travelling at higher speeds typically results in spins, which are not only dangerous but can be fatal. For best control, it is best to drive your snowmobile from a seated position.
Snowmobile accidents on Ontario lakes are far too common. Most Ontario lakes are flat, wide open areas, but they are not free of obstructions. Remember, if you can ride and turn in any direction while operating on a lake, so can other snowmobile riders. That means that another driver could appear out of nowhere. A snowmobile accident could happen at any time. Although there are many head on snowmobile accidents each year in Ontario, drowning is a leading cause of fatal snowmobile accidents. To be safe, it’s always best to wear a floatation snowmobile suit and ride with ice picks.
What to do if you fall through the ice..
If the ice breaks and you fall through the ice, try to stay calm. Place your arms out in front of you on the outer unbroken ice . Try to kick your feet to propel yourself up onto the ice. Keep doing so until the ice stops breaking. If you don’t have an ice pick, use anything sharp such as keys or a knife to help dig into the ice and give you a grip. Don’t remove your gloves. Once you get up onto the ice, crawl away from the hole. Absolutely do not stand up until you are safely far away from the hole as standing up increases the chances of the ice cracking.
A snowmobile is considered to be a motor vehicle. All snowmobiles must be registered, no matter what they’re used for or where they’re used. Safety is so important to enjoying snowmobiling. Each year, many accidents happen that are completely preventable, causing needless death and injury each year.
If someone you know or if you have been injured in an Ontario snowmobile accident, you many be entitled to Ontario accident benefits through your own insurance. If you have not insured your snowmobile, you may still be entitled to Ontario accident benefits. There are options out there and help for you. Consult an Ontario personal injury lawyer to discuss how you can get some help.
Ottawa personal injury lawyer, Ontario personal injury lawyer David Hollingsworth. I am currently at my son’s hockey tournament in Alliston , Ontario. These 8 year old kids are giving it their all and playing with heart. I love watching them play hockey. I thought it would be timely to remind everyone about hockey and concussions in children. I also wanted to remind everyone with a child is out there on the ice, please make sure they are wearing a proper CSA approved helmet, not just the helmet that is lying around in the garage. Most of all,play safe and have fun….
Hockey is one of Canada’s most popular sports, with over 520,000 players registered in the Canadian Hockey Association (CHA) for the 2000-2001 season. The incidence of hockey-related injuries amongst children between the ages of 9 to 14 leading to emergency department visits more than doubled between since 1990.The injury incidence among teens aged 15 to 18 didn’t increase as much as that of younger children, but still grew 85 % during the same time period.
42% – head and face
Who gets injured?
Defense 33% Forwards 63% Goalie 4%.
The Children’s hospital of Eastern Ontario’s website is an excellent resource for signs and symptoms of concussions. The following inforamation is from this site: Concussions can cause a variety of symptoms, which can appear several hours after the incident. Signs and symptoms of a concussion include:
- Confusion (your child might not know where he is or the period of the game)
- Memory problems (forgetting what happened before or after the injury)
- Loss of consciousness (being “knocked out”)
- Dizziness/feeling dazed
- Vision problems/staring blankly/seeing stars
- Slurred speech
- Unusual emotions, personality change, inappropriate behaviour
There are different kinds of concussions and some may be more serious than others.
- Symptoms last less than 15 minutes after the injury.
- Child/teen should not return to playing hockey or other sports for at least one week.
Symptoms last longer than 15 minutes after the injury.
- Symptoms return with exercise.
- The child/teen has been knocked out.
- Longer recovery time. Several weeks or even months before returning to playing hockey or other sports.
Again, enjoy hockey ! It is a wonderful sport. Please be safe out there and parents be on the look out if your child does fall or you suspect they have hit their head.
———————- The Ottawa Injury Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa personal injury lawyer representing Ottawa accident victims and the families of accident victims who have lost a loved one in an Ontario accident, including snowmobile accidents. 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 firstname.lastname@example.org (613) 978-9549
Hockey and brain injury in children, children head injury, Ottawa personal injury lawyer
Ottawa Catastrophic Injury Lawyer, Ottawa Brain Injury Lawyer David Hollingsworth…A huge congratulations goes out the Ontario Brain Injury Association (OBIA) for a wonderfully successful event last night. I was proud to not only attend but sponsor the wonderful event. The Ottawa Valley Brain Injury Association is a provincial not-for-profit, charitable organization with mission is to enhance the lives of Ontarians living with the effects of acquired brain injury (ABI) through education, awareness and support.
Ottawa Brain Injury Association’s services include:
- information and resources on acquired brain injury
- 1-800 toll free helpline
- personal advocacy and support
- training and education for families and professionals
Last night, they raised over $70 000 to help people with brain injuries ! Amazing what hard work , a good cause and an amazing Ottawa community can do !
———————- The Ottawa Injury Blog is written regularly by Ontario personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer representing Ottawa accident victims and the families of accident victims who have lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email email@example.com
Ottawa brain injury lawyer David Hollingsworth, Ontario Traumatic Brain Injury Lawyers
Advice for Selecting the best Ottawa Brain Injury Lawyer
While many minor disputes can be handled in a small claims court or through an alternative dispute resolution, handling a claim for a personal injury as serious as traumatic brain injury requires the expertise and know-how of an Ottawa brain injury lawyer. When you
hire an Ottawa brain injury lawyer, you need to find someone who understands the nuances of your brain injury and has extensive experience interpreting medical diagnoses in order to present the full facts of your brain injury to your insurance adjuster or in the courtroom.
A brain injury is a very complicated legal matter because the symptoms are often “invisible.” This is especially the case when it comes to a mild brain injury. The vocational abilities of victims who have sustained a mild brain injuries are often severely impacted. Victims are typically in denial about a brain injury’s impact on their lives.
Many survivors of a traumatic brain injury do not receive adequate compensation for their brain injury primarily because they hire an Ottawa brain injury lawyer who does not have the sufficient experience to present a legitimate claim for damages. Ask your Ottawa brain injury lawyer about previous brain injury cases they have taken on. When searching for an Ottawa brain injury lawyer, research their education, training, and experience. Determine what kind of knowledge they have about brain injury. Furthermore, find out if they are members of any trial law groups that deal with brain injury. All of these factors will help you determine whether the lawyer’s knowledge about brain injury law and compensation is current.
Some Ottawa brain injury lawyers are willing to represent you on a contingency fee basis. This means that the lawyer will not receive payment until you receive compensation for your brain injury. When working on a contingency fee basis, an Ottawa brain injury lawyer receives a % of the compensation amount. When you hire an Ottawa brain injury lawyer on a contingency fee basis, you can rest assured knowing that you are hiring an experienced, qualified Ottawa lawyer who can practically guarantee results.
Make sure to interview your Ottawa lawyer face-to-face and have plenty of questions ready to ask them so you can ascertain their qualifications. Some important questions you may want to ask include the following:
- How many brain injury cases have you been involved in the last 5 years?
- What % of personal injury cases do you take relate to brain injury?
- What are the settlement compensation amounts you have obtained on brain injury cases in the past?
Choosing the right Ottawa brain injury lawyer is one of the most important decisions you will make in your life. Be sure to find an Ottawa brain injury lawyer with whom you feel comfortable. Moreover, hire an Ottawa brain injury lawyer who has the confidence and experience necessary to handle your case. By taking the time to find a qualified Ottawa brain injury lawyer to represent you, you will be able to receive the recompose that you deserve, enabling you to meet your medical and support needs.
Ottawa Bicycle Accident Lawyer, Cycling Accidents Ottawa .We all want to be out on our bicycles cycling around Ottawa. There is much to see and do and getting out on a bicycle is one of the best ways of seeing our city. Of course, it is part of a healthy lifestyle, but bicycling also helps the environment. It’s important, as a cyclist in Ottawa, to be always be aware of your surroundings. Make sure your are visible and take all necessary safety precautions. As an Ottawa bicycle accident lawyer, I meet regularly with people involved in bicycle accidents who suffer very serious personal injury such as brain injury, head injury and broken bones.
In 2009, according to Transport Canada, there were a total of 41 bicycle accident fatalities, and 435 serious personal injuries related to bicycle accidents. The Canada Safety Council recommends for all bicyclists to wear an approved bicycle helmet, which can prevent up to 88 % of brain injuries. Simply put: A bicycle helmet can save your life, so why wouldn’t you wear one? There are many bicycle safety measures you can take to help keep yourself and your children safe:
1. Always wear a helmet.
2. Pay attention and avoid distractions.
3. Obey the laws and road safety rules. Cyclists have the same rights and duties as other drivers and need to follow the same traffic laws.
4. Be predictable — ride in a straight line, don’t swerve over sewers or bumps in the road, this will increase your chances of a collision with a vehicle.
5. Properly signal all turns and check behind you before completing a turn or changing lanes.
6. Come to a complete stop at stop signs and red lights.
7. Stay visible. Be careful around parked cars and ride where drivers can see you.
8. Use lights at night and wear bright colored clothing.
9. Be alert -Try to watch for the next move of drivers, pedestrians and other cyclists.
10. Watch for debris, potholes, grates or any road obstacles.
11. Make sure your bicycle is in good working order. Make sure your tires don’t need air, brakes must work, chains should run smoothly, and quick release wheel levers must be closed.
As a driver, there are many steps you can take to avoid a bicycle accident
1. Respect cyclists’ right to share the road and responsibilities as motorists.
2. Obey the speed limits.
3. Come to a complete stop at stop signs and red lights.
4. Do shoulder checks, and always check blind spots for cyclist.
5. Keep a safe distance between your vehicle and bicycles.
6. Yield to pedestrians and cyclists in crossways.
7. If you plan to turn right or pull into a parking space shortly ahead of a bicycle in front of you, do not pass. Allow the cyclist to pass first.
8. Signal all turns and lane changes well 30 in advance.
10. Only pass cyclists when it is safe to do so.
These cycling safety tips may seem basic but serve as a great reminder to us all. Ottawa is a wonderful city to cycle in, let’s keep it safe ! We all need to focus more on cycling safety. There are far too many very serious head injuries and other very serious personal injuries in Ottawa each year as the result of an Ottawa bicycle accidents. As one of the top Ottawa bicycle accident lawyers, I encourage everyone to have a safe and accident free summer.
Dirt bike accident results in spinal cord injury
A young man was seriously injured in a dirt bike accident. He was in his early 20s when he suffered a serious spinal cord injury and became a paraplegic when he fell off his dirt bike while riding on a private track. He had no insurance and thought he had no hope of getting any medical or rehabilitation benefits.
No insurance? Ontario Motor Vehicle Accident Claims Fund
Our Ottawa personal injury lawyers reviewed his case and we applied for accident benefits from the Ontario Motor Vehicle Accident Claims Fund, a fund to provide benefits for individuals injured in automobile accidents, but who have no insurance. To access this fund, strict criteria must be met. The fund sets out to provide statutory accident benefits to people involved in an automobile accident, who have no recourse to automobile insurance. We believed this was the case for our client. We applied for compensation for our client. We knew he needed a tremendous amount of support and applied for the maximum in compensation. The Motor Vehicle Accident Claims Fund denied the accident claim and hired lawyers to fight it. Our Ottawa injury lawyers knew that this was our clients only chance at being able to secure funds for a long road ahead. We knew we had to fight for what was right. Our Ottawa lawyers knew there would be a tough road ahead and that likely this case would end up being contested along the way. We persevered and took the case all the way to the Financial Services Commission of Ontario last July and last week the Arbitrator found in favour of granting maximum compensation and accident benefits for our client. To learn more about the Ontario Motor Vehicle Accident Claims Fund visit www.ottawainjury.ca/uninsured-drivers/
We are so pleased that our client now has access to medical rehabilitation benefits and attendant care benefits. This will make a colossal difference in this young man’s life. We are so happy to have been able to help our client and his family…
Ottawa Ontario Catastrophic Injury Lawyer, Ottawa Ontario Personal Injury Lawyer …Catastrophic injuries can be the most physically, emotionally and financially devastating personal injuries. They range from spinal cord injuries to severe brain injuries and many devastating personal injuries in between. With the help of an experienced Catastrophic Ontario injury lawyer, Ontario accident victims and their families can usually obtain maximum compensation by making a personal injury claim.
A catastrophic injury is a life altering personal injury that usually often occurs suddenly and without warning. A catastrophic injury has live long implications, that usually become apparent years after the accident. Ontario accident victims with catastrophic injuries and their families often don’t know where to start. They have a long and difficult road ahead of them, not to mention an incredibly FULL plate. This is when they need an Ontario catastrophic injury lawyer most. A personal injury lawyer specializing in catastrophic injuries has the experience to take over and work at the getting the accident victim and their family the support, and compensation they need not only immediately but down the road. Most catastrophic injury victims are unable to return to work. The settlement amount awarded to catastrophic injury victims is often the only source of income; therefore it is so important to make sure that the Ontario personal injury lawyer that is hired is experienced and knowledgeable when it comes to catastrophic injury compensation in Ontario. For example, catastrophic injuries like brain injuries and spinal cord injuries are serious and complex personal injuries. Victims of catastrophic injuries need long-term medical care, and may never be able to work again. In addition to the physical pain and emotional pain of catastrophic injuries, the financial consequences are usually overwhelming. A personal injury claim can provide compensation for medical bills, lost wages and pain and suffering, along with other Ontario accident benefits.
What Types of Catastrophic Injuries Exist?
Catastrophic injuries include all types of injuries that occur suddenly and can cause long-term or permanent injury. It is common for catastrophic injuries to damage the central nervous system, which may in turn damage other bodily systems. Examples of catastrophic injuries are amputation or dismemberment injury, brain injury, eye injury, foot injury, multiple bone fractures, serious head trauma, severe burn injuries, and spinal cord injuries.
What are the Causes of Catastrophic Injuries ?
The most common causes of a catastrophic injury are motor vehicle accidents, construction accidents, and falls. A new report estimating the incidence and prevalence of spinal cord injury (SCI) in Canada has found that close to 86,000 Canadians are currently living with spinal cord injury and that an estimated 4,300 new cases of spinal cord injury occur in Canada each year, a baseline measurement of the extent of SCI in Canada that was previously unknown.
Of the current estimated 86,000 Canadians living with some form of SCI, 51% — or 44,000 —are living with SCI as a result of traumatic causes. It is estimated that of the 4,300 new cases of spinal cord injury in Canada each year, about 1,785 are as the result of traumatic injury from causes such as car accidents.
What are the Treatments for Catastrophic Injuries?
Proper medical attention is essential for all catastrophic injuries. Beyond initial medical care, accident victims often require frequent medical visits and follow-up surgeries, involvement with social workers, home modifications, attendant care, rehabilitation and much more. An experienced Ontario catastrophic injury lawyer will work with the accident victim’s professional team to ensure that they are getting everything needed for their clients best possible recovery. The top Ontario catastrophic injury lawyers will work with doctors, social workers, registered nurses, life care planners, and other medical experts to establish the extent of the victim’s injuries and determine their future medical and financial needs. Understanding the complete effects of a catastrophic injury is essential in ensuring an accident victim receives maximum compensation.
Catastrophic Injury Compensation and lawsuits -What is a catastrophic injury entitled to?
Showing the extent of a catastrophic injury can be challenging. Some catastrophic injuries such as a brain injury are “invisible”. Again, this is where the best Ontario personal injury lawyers are extremely valuable. Through experience, they know exactly what needs to be done to ensure that accident victims have all the proper medical experts and documentation to prove that maximum compensation is needed for a catastrophic injury. There are a number of areas that can be compensated such as medical treatment costs, lost wages, dependent care costs, and the pain and suffering a victim and their family endures throughout this extremely difficult time. The top Ontario catastrophic injury lawyers can make all the difference in the outcome of the financial future of an Ontario accident victim with a catastrophic injury.