How Ottawa injury lawyers can help protect an injured child’s compensation after an accident.

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.

 


Ottawa injury lawyer David Hollingsworth explains which Ontario accident benefit forms (OCF forms) you need following an accident in Ontario.

Ottawa Injury Lawyers David Hollingsworth and Associates.  If you have been in an accident in Ontario and are injured, you will most likely need to access your Ontario accident benefits. Ontario accident benefits are provided through your insurance company or the insurance company of other vehicle involved in the accident. You begin by first informing your own insurance company that you have been in an accident. They will then send you an Ontario Accident Benefits package.  By law your insurance company must provide you with these forms, and you have 30 days to complete the necessary accident benefit forms and return them to your insurance company. It is important you fill out these forms are properly filled out.  When a new client comes to us and we act for them as their Ottawa personal injury lawyer, we always recommend that we fill out the forms for them as often times they can be somewhat confusing and challenging if you have never filled them out before.  We have accident benefit specialists who can fill these form out for you in a comprehensive and detailed manner ensuring that there are no errors on your forms that could in turn delay your case. There are a number of Ontario accident benefit forms that need to be completed and depending on what your injuries are and the details of your accident, you may be required to fill out all of them. The primary forms that need to be filled out right away are:

Ontario Accident Benefit Forms:   OCF Forms

  1. OCF-1  : Application for Accident Benefits
    • This is the initial accident benefits form to be filled out when applying for accident benefits as a result of an accident . The OCF-1 form must be filled with your insurance company in order for your personal injury claim to commence.
  2. OCF-2 Employer’s Confirmation of Income
    • The OCF-2 form applies only to those who are claiming Income Replacement Benefits. The OCF-2 form is completed by you and your employer. There are instances where several OCF-2 forms need to be completed. For example if you have been employed by more than one employer in the previous 52 weeks, you may need to fill out an OCF-2 form for each of your previous employers within the previous 52 weeks.
  3. OCF-3 Disability Certificate
    • The OCF-3 form is to be completed mainly by your health practitioner. It needs to be as detailed as possible and describes the extent of your injuries as a result of the accident.
  4. OCF-5 Permission to Disclose Health Information
    • The OCF-5 forms allows for access to your medical records and any previous medical information that can help determine your  accident benefits eligibility.

You have been injured and you are suffering so its important that we get you help as quickly as possible. We are Ottawa personal injury lawyers who can help you by ensuring that you receive all the services you need as well as ensure that you receive maximum compensation for your injuries. Our accident benefit specialists will help you sift through the accident benefits process and will complete all the necessary Ontario accident benefit forms properly and in a timely manner, so as not to delay your case. We understand that these are difficult times and we are here to help.   Our Ottawa injury lawyers can travel to you, your home or your hospital. All consultations are free.

 


What’s involved in an initial meeting with an Ottawa personal injury lawyer ? David Hollingsworth explains.

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.

 


Ottawa Personal Injury Lawyers who offer free consultations…

Ottawa lawyers free consultations

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

Personal Injury Lawyer Ottawa

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

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

 


What is a contingengy fee ? Ottawa lawyers free consultations.

Contingency Fees and Personal Injury Lawyers

Personal Injury Lawyer Ottawa David Hollingsworth and Associates.

Many people are involved in an accident and don’t know what to do. They don’t know their rights and they need advice. That’s where the best Ontario personal injury lawyers can help.  I have been an Ottawa personal injury lawyer since 1999.  I often meet or speak with people who have recently been injured in an accident. My goal is to provide them with as much information as possible so they can decide what to do.  In some cases, I can simply advise them as to how to deal with their insurance company. In other instances I can advise as to how a personal injury lawyer can help them achieve better results.  I like to meet with my clients and then give them their options. I do however offer more than free consultations.  I take most personal injury cases on a contingency fee basis, which means that I carry the costs throughout the lawsuit, meaning my clients do not have upfront fees or costs during the lawsuit and I am reimbursed when the case is successfully resolved. When we meet, we agree what payments will be made to me, when the cases settles successfully. This means that my clients do not have to worry about any bills or legal costs throughout the entire process.

Who Pays Disbursement Costs?

Disbursements are the out-of-pocket expenses that some personal injury lawyers carry for their clients while working  on the lawsuit. We are Ottawa personal injury lawyers who do not ask for any upfront disbursement money from our clients. In personal injury claims, disbursements  include various costs such as obtaining doctors’ records, hospital charts, expert witness fees, court filing fees and the costs of transcripts.

Contingency Fees

Contingency fee arrangements are typically the best method for most clients.  There is also  peace of mind knowing that you do not have to pay any costs  if you are not successful in your case.  My previous clients can attest to the fact that when their life gets turned upside down in an accident, the last thing they need to be worrying about are legal bills.  Thankfully, I get to help them get the money that they need and are entitled to.  I am fortunate that I am the guy that at the end of the day has been there throughout the process and get to give out large settlements, which allow my clients to begin to rebuild their lives after a traumatic event.

 


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


Ottawa injury lawyer explains the steps in a personal injury lawsuit in Ontario.

Ottawa Ontario Personal Injury Lawyer David Hollingsworth .. If you or a family member has been in an accident in Ontario and have been injured, you are likely entitled to compensation.  There are many forms of compensation available to Ontario accident victims. Some Ontario personal injury lawsuits settle simply with one letter or phone call from an Ontario personal injury lawyer.  Others do not settle and go to trial.  There are several steps along the way where an Ontario personal injury case may settle.

What are the steps in a personal injury lawsuit in Ontario?

Throughout all of these steps, your Ottawa personal injury lawyer will be with you, representing you and ensuring you are getting the help , support and compensation you need.

Stages of an Ontario personal injury lawsuit:

1. Client and Ontario personal injury lawyer meeting

2. Gathering the facts:

 3. Filing the Ontario Personal Injury Claim

4. Collection of Documents: police reports, medical reports, insurance documents etc

5. Examination for Discovery

6. Law Review and Damages

7.  Mediation

8. Pre-trial Conference

9. Trial

—-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 Ontario personal injury lawyers , steps in a personal injury lawsuit in Ontario, stages of a lawsuit


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


Social Host Liability…Partying this holiday season? Ottawa lawyer David Hollingsworth

Ottawa injury lawyer David Hollingsworth explains social host liability.

It’s the holiday time of year again- Holiday parties and family get togethers.  It is also the festive time of year when we are often more social and potentially drinking more alcoholic beverages.  One question I am often asked  as an Ottawa personal injury lawyer concerns social host liability. Many people want to know if they are hosting a party what are they legally responsible for.  No one wants to think this way, but it is a reality.

What are the legally responsable for  as a host of a party?

If someone attends a party at your house  and becomes injured, the question will be whether the personal injuries suffered by the accident victims could have been reasonably foreseen by the host.  If the host did not know – nor ought to have known – that their guest was  intoxicated, then one can agree that they could not have known that they were at risk of suffering a personal injury.  This would mean the host of the party would not be responsible. In other words, as a host , you would have to prove that you  had no idea your guest was intoxicated.  This may be difficult to prove if you were serving alcohol. When a host is aware their guest is intoxicated, the host may have the legal responsibility to ensure that their guest who is intoxicated not drive.  In other words, as a party host, when you know that a guest is intoxicated and intends to drive, STOP THEM.  Offer them a taxi home, find a designated driver to take them home or allow them to sleep over. You can also be held legally responsible if you continue to serve alcohol to an intoxicated guest knowing that they would be driving home. It’s not unlike when a bartender cuts off an intoxicated patron.
 social host liability

As an Ottawa Accident Lawyer, I am urging everyone to be safe out there ! Please, if you are drinking, do not drive!!
social host liability

Call a taxicab:
 Blue Line taxi (613)-238-1111
Capital Taxi (613) 744-3333
WestWay Taxi  613 727-0101
DJs Taxi (613) 829-9900
-Operation Red Nose (613) 771-2886
-Call Responsible Choice (613) 248-0444
-Take a bus !
-Designate a driver !
It’s common sense, you never want anyone being placed in a dangerous situation.  As a host you have the extra responsibility of ensuring that your guests depart safely and are free from  injury.  Do what it takes….you will never regret airing on the side of being overly cautious …Happy holidays and all the best !

For more information on social host liability or to contact one of our experienced Ottawa personal injury lawyers, visit www.ottawainjury.ca

 

 


What do I do at the scene of a motor vehicle accident ? What should I do after the motor vehicle accident ?

What do I do at the scene of an accident ?drivesafely

DO: Remain at the scene of an accident.

  • Call the police and advise of the nature of injuries suffered at the scene of an accident.
  • Provide the following information: your name and address, your vehicle permit number, and the name and address of the owner of the car (if it is not your car).
  • Get the names, address, phone number, vehicle permit number and insurance information from the other driver(s) involved in the accident.
  • Get the names, address, and phone numbers of any witnesses who saw the accident.
  • Write down anything anybody says about how the accident happened.
  • Tell the police officer if you think another driver is under the influence of alcohol or drugs.

DO NOT:

  • Move the vehicles, or any debris, unless they are a potential hazard to other motorists; or
  • Sign documents or discuss the accident with anyone but the police.

What should I do after I’ve been at the scene of an accident ?

DO

  • When you get to the hospital or to your home, you should call your insurance agent immediately.  If you do not have your own insurance you may be entitled under someone else’s policy or through the Ontario’s Superintendent of Insurance through the Motor Vehicle Accident Claims Fund.
  • Make an appointment with your family doctor or attend a walk-in clinic.
  • Take photographs of any damage to your car, truck, bicycle or motorcycle.
  • Contact a personal injury lawyer.
  • If you have any visible injuries, take photographs of these injuries.  Also take photographs of any damaged clothing or belongings.
  • Contact your employer or school and advise them that you were in an accident.
  • Consider your needs for specialized equipment and home modifications.
  • Keep a detailed record of all medications taken, assistance received from family, friends or professionals, all rehabilitation or doctors’ appointments, progress or development in physical, psychological or mental injuries, and all out of pocket expenses including parking, wheel chair rental, ambulance bills etc..
  • Comply with all requirements of the Accident Benefits.
  • Let your personal injury lawyer assist in completing the Accident Benefits forms.

DO NOT

  • Provide any statements to your insurance company until you have consulted with a personal injury lawyer.

If you have any questions at all that relate to personal injury and accidents, please don’t hesitate to contact an experienced personal injury lawyer as soon as possible.