Ontario Personal Injury Lawyers, Ottawa Personal Injury Lawyer David Hollingsworth…How long does an Ontario personal injury lawsuit case take to settle?
Well, that’s an excellent question and there isn’t one straight forward answer. The length of time it takes for an Ontario personal injury lawsuit to resolve depends on several factors. The most important determining factors of an Ontario personal injury law suit are:
-The severity of your personal injuries..you will need time to determine the extent of the personal injury
-How quickly information and documents are gathered
-How much cooperation your Ontario personal injury lawyer receives from the insurance defence lawyer
-The recommendations from your medical professionals
-How long it takes to gather all medical records
-If the case settles before trial
-How long it takes to obtain a trial date .
There are many steps along the way designed to reach a settlement without having to go to trial. Most Ontario personal injury law suits settle before having to have a trial. As an Ottawa personal injury lawyer, I have settled close to 100% of all my Ontario personal injury law suits without having to go to trail. There are stages in an Ontario personal injury lawsuit such as mediation, examination for discovery and settlement conferences that are steps in an Ontario personal injury lawsuit designed to avoid a trial. I typically settle most of my Ontario personal injury lawsuits at these stages.
The most important factor in an Ontario personal injury lawsuit in terms of time, is to make sure you take the time to do it right. There is too much at stake not to. You may have your personal injuries for the rest of your life and you and your family need to be properly compensated .
—-The Ottawa Injury Lawyer Blog is written regularly by Ottawa Ontario personal injury lawyer David Hollingsworth. The Ottawa Injury Lawyer Blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a subject you would like to know about or if you have a question, please call or email me: firstname.lastname@example.org (613) 978-9549
Ottawa Personal Injury Lawyer David Hollingsworth, How long does it take for an Ontario personal injury lawsuit to settle ?Injury Lawyers Ottawa Ontario
Ottawa Ontario Personal Injury Lawyer David Hollingsworth. www.ottawainjury.ca I am often asked to appear on CTV to discuss Ontario personal injury issues that relate to Ottawa personal injury, Ontario personal injury, liability in Ontario, brain injury, spinal cord injury, Ottawa law firms, traumatic injury, catastrophic injury claims, slip and fall insurance claims and liability issues. I recently uploaded some of the segments. Here is a video which discusses back to school liability issues. It can be seen here:
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 or eastern Ontario, 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 email@example.com (613) 978-9549
Ottawa Ontario Injury Lawyer David Hollingsworth, School Liability, Ontario Insurance Claims
Calculating your compensation for pain and suffering can be challenging . In Ontario, damages for pain and suffering refer to the amount of compensation an accident victim should be compensated for because of the pain and suffering the person they have endured and most likely will continue to endure. Pain and suffering damages can be awarded for the future, for the present, or for the past, depending on the personal injuries, when they happened and how serious and life altering they are. More specifically, if a person was in an Ontario car accident, and remained in pain for an entire year, and is only now settling the claim with the insurance company, they would likely get compensation for pain and suffering damages for the entire year they were in pain.
What are damages for pain and suffering?
As a personal injury lawyer, I help accident victims obtain an expert opinion that states whether or not this pain and suffering will have life long implications and if so, help them get the maximum lifelong compensation they will need. Notably, future damages are more difficult to obtain than past or present damages, because victims cannot have personal documentation of his or her future pain but that is where the help of an Ontario personal injury lawyer comes in. An accident victim can have documentation, i.e., medical records, video, pictures etc, of present or past pain. One of the difficult parts of settling an Ontario personal injury claim is that unlike medical bills, or lost wages, pain and suffering will cost a person an undetermined amount of money and compensation.
How much is pain and suffering worth?
The amount is open to interpretation. So how do people generally place a dollar value, when requesting a settlement from an insurance company? Many insurance companies take each personal injury and assess it based on individual merit. Some insurance companies use calculating software programs to determine payout amounts. Other insurance companies base the amount they will pay out generally on how much they have paid on past similar personal injury cases and circumstances. There are many different theories on the methods for calculating pain and suffering . The main thing to remember is each case is unique and what’s most important is that above all accident victims get maximum compensation. Some insurance companies try to determine how many days you have or will endure pain and how much each of those days of pain is worth in dollar value. Then multiply the number of days by the amount you valued the pain and suffering at. This is precisely why a top Ontario personal injury lawyer is essential. I have had many accident victims come to me who really needed my help. They tried working directly with their insurance companies, but realised that it was complicated and got the feeling that the insurance company wasn’t necessarily looking out for their best interest.
Catastrophic Injury and Non-Catastrophic Injury: STATUTORY ACCIDENT BENEFITS
Did you know that regardless of who is at fault, people injured in motor vehicle accidents in Ontario may be entitled to certain accident benefits from their own motor vehicle insurance company regardless if they have suffered a catastrophic injury or not?
Even if you do not have car insurance, if you suffer personal injury in a car accident , you are entitled to receive compensation from the Ontario government.
Effective September 1, 2010, the SABS or Statutory Accident Benefits Schedule states that among other Ontario accident benefits available, Ontario accident benefits include:
- an Income Replacement Benefit of up to $400 per week,
- an Attendant Care Benefit of up to $3,000 per month with a maximum of $36,000, and
- Medical and Rehabilitation Benefits of up to $50,000 over a 10 year period following an Ontario accident.
If a person dies in an Ontario motor vehicle accident, Ontario accident benefits are available for Funeral Expenses as well as a Death Benefit.
If the personal injury is more serious and is deemed within the definition of “catastrophic impairment injury”, there is an increase to:
- $1,000,000.00 in Medical and Rehabilitation Benefits and
- $1,000,000.00 in Attendant Care Benefits which are payable over the course of an injured person’s life.
People who have suffered catastrophic injury are also eligible for Case Management Services as well as other Ontario accident benefits such as Housekeeping and Home Maintenance Benefit of $100.00 per week payable for the duration of their lifetime.
What is the difference between a Catastrophic injury and a Non-Catastrophic injury?
Let’s start by looking at the Ontario accident benefits…
What are NON-CATASTROPHIC benefits?
- Income Replacement Benefit – 80% of net weekly income up to maximum of $400.00 per week to a maximum period of 104 weeks.
- Non-Earner Benefit – $185.00 per week to a maximum period of 104 weeks.
- Caregiver Benefit – $250.00 per week for 1st child and $50.00 per week for each subsequent child to a maximum period of 104 weeks. Only applies for children under the age of 16.
- Attendant Care Benefits – $3,000.00 per month maximum to a maximum period of 2 years.
- Medical and Rehabilitation Benefits – $50, 000.00 maximum. 10 year maximum period.
What are CATASTROPHIC INJURY benefits?
- Medical and Rehabilitation Benefits – $1,000,000 to use over the course of the injured person’s life.
- Attendant Care Benefits – $1,000,000 to use throughout life. Monthly payment maximum is $6000.00
What are these Ontario Accident Benefits?
- Income replacement benefits help replace lost income if an employed or self-employed claimant is disabled.
- Caregiver benefits pay certain childcare or other caregiver expenses if a stay-at-home parent or other caregiver is unable to care for a child or other person in need of care.
- Non-earner benefits are paid if a claimant who is not employed or self-employed is unable to carry on with normal life.
- Medical and rehabilitation benefits pay for treatment and rehabilitation assistance that is not covered by OHIP or another disability insurance plan.
- Attendant care benefits pay for someone to look after a seriously injured claimant.
- Funeral expenses and death benefits are paid if an insured person dies as a result of the accident.
Depending on your circumstances, you may also be entitled to other benefits, such as payments for lost education expenses, housekeeping assistance, visitors’ expenses, repair or replacement of eyeglasses or clothing damaged in the accident, or case management services.
Each and every case is different and to know exactly what you are entitled to, it is best to consult an Ontario personal injury lawyer specializing in Ontario car accidents.
Listen up Ottawa, we are going to get it soon..it is coming..maybe not for another month or two…hopefully even three, but it is coming !!
We all know that Ontario winters are challenging for motorists and safety needs to be a top priority. Every effort is made to make Ontario highways safe and to provide efficient winter maintenance service for the public. Ottawa winter weather conditions are unpredictable, placing extra demands on your vehicle and your driving skills. Ensure you are well prepared for winter roads and always adjust your driving speed to existing conditions.
Stay alert, slow down, and stay in control — the three key elements of safe winter driving. Drive according to highway and weather conditions. Keep a safe distance between you and the vehicle in front of you to avoid situations where you may have to brake suddenly on a slippery surface.
Be Prepared — Is your vehicle ready to avoid a car accident?
Get your vehicle winter-ready with a maintenance check-up. Don’t wait for winter to have your battery, belts, hoses, radiator, oil, lights, brakes, tires, exhaust system, heater/defroster, wipers, and ignition system checked.
Make sure your vehicle is mechanically ready for the rigours of winter. Keep your fuel tank sufficiently full — at least half a tank is recommended.
Make sure you have sufficient windshield washer fluid in the reservoir that is rated a minimum of -40°C temperature range. Keep an extra jug in the vehicle.
Clear snow and ice from all windows, lights, mirrors, and the roof. After starting your vehicle, wait for the fog to clear from the interior of the windows so you will have good visibility all around.
Have your tires checked or replaced before winter begins. Remember to check tire air pressure frequently, as it decreases in cold weather.
The condition of your vehicle’s tires is important. Worn or damaged tires can hamper your ability to drive safely. For safety reasons, drivers are urged to replace their tires when the tread depth reaches 3mm, rather than wait until the tread no longer meets the legal 1.5mm requirement. Alternately, you can also check the manufacturer’s wear indicator mark on your tires to see if they need replacing. All tires have tread wear indicators, which are small bars of rubber found between the tread blocks of a tire. When the tread is worn flush with the tread wear indicators, the tire has reached its wear limit and must be replaced as it no longer provides sufficient traction in the rain or snow.
While regular or “all-season” tires, including wide and high-performance tires, may be adequate in some areas, they may not be suitable for driving in the snowbelt regions of southern Ontario and throughout the north. If you live and drive in these areas, consider using winter tires. They improve driving safety by providing better traction, braking and handling during frost, snow, slush, and particularly under icy conditions. Installing four winter tires provides greater control and stability. Never mix tires of different tread, size and construction. Also, consider adding traction control and stability control options when purchasing your next vehicle.
**Source: Western Canada Tire Dealers
Avoid accidents and stay safe out on our Ottawa roads ! I learn of so many accidents daily through my clients. It is important for us all to stop and do everything we can to keep ourselves and our families safe. For more information, visit www.ottawainjury.ca