April 10, 2013 -  Three teens were seriously injured in a car accident near Perth, Ontario on Wednesday morning.    The accident happened when the vehicle crashed into a hydro pole in the area of County Road 10 between Richardson Side Road and Ford Road.

The vehicle had earlier been involved with the Lanark Ontario Provincial Police.  A police cruiser had attempted unsuccessfully to stop the vehicle before the collision with the hydro pole.

The teens were transferred to the Ottawa Hospital for care of their major injuries.

What Legal Rights Do the Injured Passengers Have?

It is very common for inexperienced teenaged drivers to have single car accidents while their friends are in the car.  This is a major worry for all parents once their children reach driving age.  If your child is a passenger in a single vehicle accident, here are some important steps to take as soon as practical after the accident:

1. Contact your own insurance company to advise of the accident.  Many people don’t realize that your no fault accident benefits come from your own insurance company, even if your own vehicle was not involved in the accident.  Typically, your children will be covered by your accident benefits if they live with you or are your dependents.
2. If your teen is not completely independent after discharge from the hospital, speak to a personal injury lawyer about getting an attendant care assessment.  Your accident benefit insurer may pay to have you, or a professional care giver, to look after your teen.
3. Make sure you keep your family doctor in the loop.  Sometimes when the hospital has been dealing with the injuries at the emergency stage, families forget to involve the G.P. in the early recovery process.  It is vital that emergency records and other reports be copied to your family doctor to ensure continuity of care.
4. Don’t “promise” your teen that you will not take legal action against the driver of the vehicle.  Your teen may have serious, long term effects from the accident.   The driver’s liability insurance was purchased to compensate for the type of injuries your teen has suffered.  If your child’s career path is impacted, or his / her quality of life significantly reduced, any insurance money recovered will be very important.

At Brenda Hollingsworth Personal Injury Lawyers we have experience explaining the legal process to young people.  We would be happy to explain the options to you and your teen.  To meet with us for a free, no obligation consulation at your home, hospital or our office, call us at 613 -860-4529.

Two drivers were hospitalized after a morning car accident on April 11, 2013 at about 6 a.m.  The accident happened on Highway 31, south of Winchester, between county roads 38 and 43.

News reports indicate that both drivers were trapped in their vehicles and that both had serious injuries.

The two drivers, both in their 20′s, were reported to have suffered head injuries, among other injuries.

The Winchester car accident was described as a head on collision between a pick up truck and a mini van.

Next Step After the Winchester CarAccident

If you or your loved one was involved in a head on collision like the April 11th accident, there are important steps you should take to protect your legal rights.

• Contact your own auto insurance company and request the forms for the statutory accident benefits.  These benefits will assist you with the expenses while you are in hospital.  They also provide income replacement benefits and other significant funding.
• Keep track of all of your expenses (receipts, etc.)
• Speak to an experienced personal injury lawyer BEFORE you speak to a representative of the other insurance company.  At Brenda Hollingsworth Personal Injury Lawyers we provide a NO OBLIGATION, FREE consulation before you speak to the adjuster.

Please feel free to call at 613 860-4529.  We would be pleased to provide our advice.

            If you have suffered a serious motor vehicle accident, pedestrian accident, motorcycle accident, bicycle accident or slip-and-fall you may be looking for an Ottawa personal injury lawyer to help you claim the compensation you need and deserve.  Choosing the right personal injury lawyer is a very important part of the process.  It is very important to make the right decision at the outset of your case.  Although it is possible to do so, it is very difficult to change personal injury lawyers part way through your process.

Here are some very common mistakes to avoid when choosing your Ottawa personal injury lawyer:

            1.         Hire an injury lawyer who “drops in” to your hospital room following your injury.

It is increasingly common for personal injury lawyers, or people who work for them, to troll the halls of the trauma unit at the Ottawa Hospital Civic Campus or the Rehabilitation Center on Smyth Road looking for clients.  You should be very suspicious of any lawyer, or lawyer representative, who approaches you in the hospital and attempts to sign you up.  This is a practice that is frowned upon in the legal profession.  It is also a signal that the lawyer may be seeking to take advantage of your vulnerability.  While you are in the hospital you are unlikely to be able to do the research required in order to make the correct choice of Ottawa personal injury lawyer.

For example, while you are in the hospital you may not have access to the internet or if you do it may be on your hand-held device only.  A thorough investigation of personal injury lawyer would include a review of that lawyer’s web presence to see if that lawyer provides information about past cases, references and other resources.

            2.         Choose an Ottawa personal injury lawyer whose business card is handed to you by hospital staff.

Although this is less common in Ottawa than in other locations like Toronto, unfortunately, there is hospital staff who have arrangements with Ottawa personal injury lawyers to provide their details and to sign up patients in hospital.  Typically these relationships involve a kickback [monetary or in gifts or trips] to the hospital staff making the referral.  My own clients have received this type of approach from hospital staff and it is certainly a significant concern for the same reason that it is a concern when a lawyer approaches you himself or herself in the hospital.

            3.         Choose an Ottawa personal injury lawyer with a general practice who does not have a focus on personal injury.

Personal injury is a specialized area of law with many small particularities.

A lack of familiarity with the requirements of personal injury law, including statutory accident benefit law, can result in significant detriment to your case.  These lawyers may not have the knowledge to develop your damages [i.e. the amount of money you receive] as well as an experienced personal injury lawyer would.  It is of vital importance that the level of expertise of your personal injury be carefully assessed.

4.         Hire an Ottawa personal injury lawyer without a detailed consultation.

If you are asked to sign a retainer agreement or other contract without having had a thorough interview by the personal injury lawyer you should be concerned.  In order to assess the likelihood of success for the dollar value of a personal injury case a lawyer really must sit down with you and review your case in detail.  Sometimes it’s possible for this to happen on the telephone, and that may be preferable when you are from an outlying region and want to make a decision promptly.  However, if the contract comes first and the consultation comes second you should be concerned.

For more information about hiring an experienced Ottawa personal injury lawyer call Brenda Hollingsworth at (613) 860‑4529.

For a woman in our office who was tragically injured while a passenger in a single vehicle rollover accident, the road to financial recovery has been greeted with repeated obtruction by the responsible insurance company.

Two years after the accident,  the insurer took the position that her injury was not a motor vehicle accident, but actually a WSIB (workers compensation) case.  Injury lawyer Brenda Hollingsworth fought against this position for her client.

The insurer brought an application to the WSIAT tribunal.  After a two day hearing that took place over two days 8 months apart, the WSIAT ruled that the car accident was not a workplace injury and that our clinet could sue.

However,  that was not good enough for the insurance company.  The insurer wanted yet another kick at the can.  As a result, they requested a reconsideration of the decision (similar to an appeal).

Fortunately, last week the WSIAT ruled in our client’s favour after reading Brenda Hollingsworth’s written submissions.  Now this client’s case can continue toward a pre-trial and ultimately trial.

What can Injury Lawyer Brenda Hollingsworth do for you?

If you need a personal injury lawyer who will FIGHT for you, contact Brenda Hollingsworth, personal injury lawyer, at 613-860-4529.

If you have suffered any type of car accident, a recurring quesion by the insurance company and your medical team will be about whether or not you were unconscious at the accident scene.  There are certainly many reasons from a medical standpoint why this is very important to know.

From a legal perspective,  if you are unconscious at the accident scene, or in a period of time close to the accident, you may qualify for a higher level of accident benefits.

If you have a Glasgow Coma Scale of 9 or below that is documented by the paramedics or other medical professionals, your accident may be termed “catastrophic”.  People who suffer catastrophic injuries are entitled to a higher level of accident benefits.  Glasgow Coma Scale is also referred to as “GCS”.

For example, your medical / rehabilitation benefits increase from $50,000 to $1 Million.  Plus, they don’t expire after 10 years.  You will also be entitled to the services of a case manager to co-ordinate your rehabilitation.

If you or a loved one has suffered a serious accident where you were unconscious at the scene of the accident or shortly after, Brenda will help you access this higher level of funding to facilitate the best recovery possible.

Call Brenda at 613 860-4529 (office) or 613 851-4529 (cell).  We make home and hospital visits.

A fatal car accident near Carleton Place on March 28, 2013 at 8:45 pm has claimed two lives.

The Beckwith Township accident took place on Old Richmond Road near Crooked Side Road.  The collision involved a pick up truck and a small sedan.  Tragically, two occupants of the sedan, both in their very early 20s, died at the scene.

A 21 year old passenger in the sedan has serious orthopedic injuries as well as head injuries.

Several of the occupants of the pick up truck are also seriously injured.

This is a devastating start to the Easter weekend for all families involved.

What are your options after a serious car accident?

Everyone involved in this heartbreaking accident near Carleton Place should consult with a personal injury lawyer.   The questions you should ask the lawyer are:

• Am I entitled to accident benefits and what will they cover?  Most people in Ontario are entitled to coverage for medical and rehabilitation needs and income replacement if they have been injured in a car accident.  This is true regardless of who caused the accident.
• Do I have a claim for pain and suffering, loss of income and future care costs? Passengers of either vehicle, as well as the driver who is not at fault for the accident, may have a claim against the at fault driver’s insurance company.  An experienced personal injury lawyer can tell you what your rights are and explain the likelihood of success in a claim for compensation.
• Is there compensation for the families of the young people who died in the accident? There are death benefits, including help with funeral costs,  available through the accident benefits in most situations.  It is also possible to bring a claim for the loss of care, guidance and companionship of your loved one.  A personal injury lawyer can help you determine what your options are. 

Brenda Hollingsworth helps families after serious tragedies like Thursday’s accident in Carleton Place.  We will come to the hospital or your home to answer your questions, with no obligation at all.  Call Brenda at 613 233-4529 or on her cell at 613 851-4529. 

Ottawa personal injury lawyer Brenda Hollingsworth was interviewed today on CTV Morning Live.  Brenda was talking about the types of injury cases where there may be compensation available.

Check out the videos here:  Episode 1,  Episode 2,  Episode 3.

For more information about the steps to take after a serious personal injury, call 613 860-4529.

If you have suffered a fracture after a serious Ottawa motor vehicle accident, you will likely have ca claim for pain and suffering against the driver who caused the accident.  This is true regardless of whether you were a passenger, cyclist or another driver.

Call Brenda Hollingsworth at 613 860-4529 to discuss how our law firm can help you get what you need after a fracture.  You may be entitled to:

• payment for crutches, casts and other medical devices you need;
• payment for physiotherapy and other non-OHIP covered treatment you require;
• payment to compensate for pain and suffering;
• payment to cover for your lost wages;
• payment to cover the housekeeping expenses you incur because you are injured.

This is only a partial list of how Brenda Hollingsworth’s office can help you after a serious Ottawa Motor Vehicle Accident where you suffer a fracture.

For more information on how we can help you, call 613 860-4529 to schedule an appointment.  Want to meet in person?  If you have a broken leg or ankle, we can certainly come to you.  Our office is also fully wheelchair / walker accessible and there is parking right by the front door.

A tragic fatal car accident on the 401 near Prescott killed a 57 year old man this week, according to the Ottawa Citizen.   Early reports indicate that the severe winter weather is to blame for the motor vehicle accident which also injured other people.

 What Happens when Weather Causes an Accident?

The truth is that weather itself is rarely considered the official cause of a collision, although it is frequently cited as a factor in an Ottawa car accident.  Driver error in light of the weather, improperly cleared roads and / or mechanical malfunction are far more likely to be the true causes  of serious winter Ottawa car accidents.

What If I am injured in an Ottawa car accident in a snow storm?

Regardless of who or what caused the Ottawa car accident, you will be able to access the statutory accident benefits.  These are the no fault benefits that are available to virtually everyone after an accident, including drivers, passengers, pedestrians and even those rugged winter cyclists if they have an accident involving a motor vehicle.  The statutory accident benefits also include certain death benefits in the unfortunate situation where the accident is fatal.

If you are not at fault in the accident, you may also have a claim against the driver who was at fault.  In certain winter situations, there can also be a claim against the government responsible for clearing the roads if road conditions played a part in the accident and if the roads were not cleared to the appropriate standard.

Speak to an Ottawa personal injury lawyer as soon as possible after a winter storm accident to get the information you need to determine if you have a claim for damages (compensation).  Our Ottawa personal injury lawyers are available at 613 860-4529.  We offer free no-obligation consultations in our convenient barrier-free Ottawa office.  If you prefer to meet by telephone, we offer that option as well.

According to this article,  some Ottawa police vehicles are now equipped to process motor vehicle accident report forms electronically.  Introduced as a cost saving measure, this initiative is intended to reduce the time police officers spend at the scene of Ottawa motor vehicle accidents.

Currently, the motor vehicle accident reports are prepared by hand.  The officer collects all parties’ information, including insurance information, prepares a sketch and notes what charges, if any, are laid.  Witness names and contact details are also often included on the form.   Drivers of all vehicles involved in the Ottawa accident are supposed to receive a carbon copy of the portion of the form with the insurance details.  The balance of the report can be purchased from the police station for approximately $50.

Why is a Motor Vehicle Accident Report Important after an Ottawa Accident?

If you are injured, even slightly, we recommend calling the police to the accident scene.  Remember, what feels like a twinge or minor ache moments after the accident, can develop into a serious injury over the next 48 hours.   The motor vehicle accident report form prepared by the police is often very useful at documenting the location of the vehicles and other information that is important for determining who caused the accident.

There is also a perception held by insurance companies that if you do not call the police, the motor vehicle accident was not serious.  They will wonder how you could be seriously injured when you did not even call the police to the scene.

At the scene, in addition to the motor vehicle accident report form itself, the police officer attending will often interview or get statements from witnesses.  These statements are not included in the report itself, but can be obtained by requesting them through access to information processes.  When we are retained to help our clients following an accident, we typically request all of this information.

How do I obtain a motor vehicle accident report?

If you are handling your claim on your own, you will want to attend at the police station to request a copy of the report.  With a relatively short wait, and approximately $50, you can leave with the full report.

If you hire a personal injury lawyer to represent you in your accident claim, your lawyer will obtain the motor vehicle accident report, as well as the complete police file, for you.

For more information about hiring an Ottawa personal injury lawyer to represent you after a serious motor vehicle accident, contact us at 613 860-4529.  We are happy to speak to you about your rights and entitlements without any obligation.