Ontario Accident Benefits and Catastrophic Injuries. Good news for Ontario accident victims.

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 david@ottawainjury.ca

We understand, we care, we’re here to help …and our track record proves it.


Carleton Place accident tragic death of Madeleine Havelock and Thomas Guerette and leaves 4 others with severe personal injuries.

Carleton Place Accident

What a terrible and tragic start to Easter weekend. Sadly, 2 young university students died on their way home from Trent University to visit their families for Easter.  4 other people also suffered serious personal injuries last night after a terrible accident in Beckwith Township, close to Lanark. The accident took place on Richmond Road,  just south of Carleton Place and involved 2 vehicles. Tragically 21-year-old Madeleine Havelock and 22-year-old Thomas Guerette were found trapped in their car and pronounced dead at accident scene. They were travelling with a 21-year-old woman who suffered a severe pelvic fracture and a serious head injury. She remains in critical condition.  I hope she is able to fully recover from this devastating accident.

3 others people were also injured. A 23-year-old man driving suffered a shoulder injury, while his passengers suffered serious personal injuries. One had severe abdominal injuries and a 16-year-old suffered serious injuries to his back and shoulders. They were rushed to  the Carleton Place Hospital. I hope they are all able to recover from these injuries.

We never want to hear about accidents like this and it is tough to imagine the devastation for these suffering families.

 

 


Barrhaven accident Greenbank Road and Berrigan Drive results in serious head injury. Ottawa lawyer David Hollingsworth shares story.

Car Accident in Barrhaven

Sadly, a 70 year old man is being treated for a serious head injury as the result of an accident in Barrhaven  Tuesday. The Barrhaven accident occurred at Greenbank Road and Berrigan Drive during the afternoon. The senior accident victim remains in serious condition and Ottawa paramedics reported that he  was unconscious when he they arrived at the hospital. My thoughts are with him and I wish him a full recovery.

A head injury can be a very serious and life altering injury. Throughout the years, we have helped many people rebuild their lives following a serious head injury.  What makes head injuries unique is that they are “invisible injuries”.  From the outside, once the scrapes and broken bones heal, people seem like they are back to pre-accident condition.  A head injury or brain injury is however different.  It’s difficult for untrained medical professionals to know how the head injury is healing and whether or not it will ever heal completely.
Family and friends also often forget that their loved one is suffering from a head injury and come to have unrealistic expectations .  Often times, friends and family are confused as to why their loved one is acting differently, perhaps more irritable or having trouble remembering things and they become frustrated because their loved one “looks fine”. This situation is difficult for everyone. The person who is suffering from the head injury is doing their best but unfortunately their best isn’t what it once was.

How a personal injury lawyer Ottawa can help with a head injury.

A head injury requires very intense medical treatments, as well as intensive support for all involved.  Our Ottawa personal injury lawyers understand this and work closely with all of our clients doctors, social workers, therapists , rehabilitative teams to ensure that our clients are constantly moving forward towards a recovery.  Rebuilding a life after a head injury is not easy and we understand. Let our Ottawa personal injury lawyers help.

Ottawa accident Bank street results in personal injury. Ottawa lawyer David Hollingsworth shares report.

Ottawa Accident

Ottawa Accident Lawyers… An Ottawa accident on Bank Street yesterday morning has left 3 people with personal injuries. 2 of the accident victims were pregnant. The Ottawa accident occurred close to 11 am on Bank Street between Blais and Rideau road. One vehicle was carrying 2 women in their 20s and both suffered serious personal injury. One woman was treated for a possible broken pelvis and was rushed to an Ottawa hospital.

One car contained two women in their 20s. The passenger in that car was the most seriously injured. The woman, who was two months pregnant, was trapped in the vehicle and had to be freed by firefighters. Paramedics treated her for a possible broken pelvis, then took her to hospital where she was listed in stable condition. The driver of the car was 8 months pregnant and was also rushed to hospital for treatment. It was reported that she is in stable condition.  The driver of the other vehicle was an 80-year-old woman. She suffered severe chest injuries and remains in stable condition in an Ottawa hospital.

Ottawa Police need our help with this Ottawa accident

The cause of the accident is unknown and Ottawa police are investigating.  If you have any information that relates to this Ottawa accident, please contact the Ottawa Police.

If you or a loved one has been injured in an accident, you may be entitled to accident benefits and insurance compensation.  Our Ottawa personal injury lawyers offer free consultations in your home, where we give you the best free legal advice for a potential personal injury lawsuit, based on the facts surrounding your accident. Typically, most insurance companies will cover expenses such as rehabilitation, lost income, house keeping, caregiver etc…depending on your injuries.

You owe it to yourself to get informed so you can make the right decision and take care of your future.


Ottawa lawyer: Types and causes of spinal cord injuries.

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:

Car Accidents:

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 taxi accident results in severe head injury and serious orthopedic injury.

Ottawa Personal Injury Lawyer David Hollingsworth.. A 28-year-old man is in critical condition today after being hit by a taxi at the intersection of Ogilvie and Cyrville roads this morning. At 2:21 a.m., Ottawa rescue crews arrived and found the 28 year old unconscious man, He has suffered a “severe” open head injury, fractured left arm and fractured left leg. He was immediately rushed to an Ottawa hospital in critical condition. The driver of the taxi seemed to be “emotionally disturbed,” and was also brought to an Ottawa hospital for assessment. I hope to soon have better news….My thoughts are with him, his family and his friends at this very stressful time.

—-The Ottawa Injury Lawyer Blog is written regularly by Ottawa 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 taxi accident, ottawa accident ogilvie road


Ottawa Enforcement targetting Ottawa drivers who fail to stop and run red lights, Ottawa lawyer David Hollingsworth

Ottawa Personal Injury Lawyer David Hollingsworth… The City of Ottawa’s Selective Traffic Enforcement Program (STEP) will be focussing on Ottawa motorists who run red lights and those who don’t fully comply with stop signs as part of its ongoing commitment to keeping Ottawa’s roads safe during the month of May. 

Ottawa Accidents: Running Red Lights

Red light running has become a serious issue on Ottawa roadways.  In 2010, 764 accidents occurred due to Ottawa drivers failing to stop for red lights.  These accidents resulted in 372 personal injuries, of which,  11 of them were life-threatening personal injuries. 

Ottawa Accidents: Stop Sign Violations

In 2010, 1,618 Ottawa accidents occurred at stop sign intersections, which resulted in 6 deaths and 492 personal injuries, of which 23 injuries were life-threatening. 

I am so thankful that Ottawa has these initiatives to support the larger Safer Roads Ottawa Program, a leading partnership between Ottawa Fire Services, Ottawa Paramedic Service, Ottawa Police Service, Ottawa Public Health and the Public Works Department , who are all committed to preventing or eliminating road accidents, deaths and serious personal injuries for Ottawa residents, through culture change, community engagement, and development of a sustainable safe transportation environment.

—-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 personal injury lawyer David Hollingsworth, Ottawa Police Accident Reports


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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Are Ontario accident benefits available to snowmobile accidents? Ottawa lawyer David Hollingsworth explains.

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.

 


Hockey : Children Brain Injury and Head Injury Concussions in children

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. 

  

Where do injuries most often occur?  
 

42% – head and face   

27% – upper body
31% – lower body

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”)
  • Headache
  • Dizziness/feeling dazed
  • Tiredness
  • Nausea/vomiting
  • 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. 

Simple concussions 

  • 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.

Complex concussions
        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 david@ottawainjury.ca  (613) 978-9549  

Hockey and brain injury in children, children head injury, Ottawa personal injury lawyer