Auger & Hollingsworth

  • You have amazed me with you talents... and won for me settlements that I did not believe were even real wishes. Thank you... you and your company were the ones that gave us peace of mind and a future in the end. Thank you so much!

    Sheldon Fraser, Motor Vehicle Accident Client
  • Blog

    10 Tips To Up Your Chances of Getting Long Term Disability Benefits

    Are you applying for Long Term Disability Benefits because you are unable to work?  These 10 pro tips will increase your chances of being approved on the first application.


    1. Meet all the deadlines in your LTD policy.  If you don’t know the deadlines to complete certain paperwork, speak to someone in your human resources department or the insurance broker who sold you the policy.
    2. Get your hands on the ACTUAL policy.  It is important to know the exact test for disability in your situation.  Although most policies have similar wording, they are not all the same.
    3. Share the wording of your disability test with the doctors and other health care providers who are completing forms or writing letters on your behalf.  If they know what the test is, they are more likely to provide the information needed to meet it.  DON’T ASSUME YOUR DOCTORS KNOW THE TEST!
    4. Don’t complain to your doctor or other health care provider about paying for forms or letters.  They are entitled to be paid for their work.  Plus, you will feel more comfortable returning to them with the next round of forms if they are happy and have been treated fairly.
    5. Return the insurance company’s calls and open their letters.  If they tell you they are missing information from your application, take action to complete the application.  Don’t assume that your employer and health care team will just take care of it.  Insurance forms often fall through the cracks.  Be nice, but follow up.
    6. If you are a federal public servant, it is especially important that you follow up with your employer to ensure that all info sought by the insurance company is provided.  The insurer will often need info from BOTH the substantive employer and the HR department.
    7. Be very careful about meeting all deadlines in the policy and in other legislation if your initial application is denied.  There are limitation periods that apply.  Miss them, and you could be out of luck.
    8. Apply for Canada Pension Plan- Disability (CPP-D).  If you have contributed to CPP-D while working, you may be eligible for a federally funded disability pension even if you are not retirement age.  Getting CPP-D is a helpful piece of evidence in support of your LTD claim.
    9. Similarly, you may be able to apply for Ontario Disability Support Program (ODSP).  This is a provincial disability pension that is available to disabled people of limited financial means.
    10. At the first whiff of trouble, call an experienced LTD lawyer.  The lawyers at Auger Hollingsworth have had great success getting early approval for denied or ignored LTD claims.  Waiting until you are financially desperate to get legal advice increases your vulnerability and makes it harder for you to make sound decisions about your case.

    If you would like to speak with a lawyer about your denied application for LTD, call Auger Hollingsworth Professional Corporation at 613 233-4529.

    5 Things you should know before you settle your accident benefit claim

    If you are handling your car accident case on your own, or even just your accident benefit claim on your own, there will likely come a time when the insurance company approaches you to settle your claim.

    Many, many Ontario residents settle their accident benefit claim for too little.  The main reason for this is that you really have no way of knowing what the total amount the insurer could potentially owe you.

    Before you settle your claim, make sure you understand the following:

    • Income Replacement Benefits do not end after 2 years if you continue to be unable to work at all.  Many people believe the insurer only has to pay for the first two years.  This is not true!
    • After 2 years you may be able to apply for catastrophic benefits if you haven’t already settled your claim.  If you are not working and still suffering serious consequences from your accident, you really should consider speaking to a lawyer.  The process for applying for catastrophic benefits is complicated.
    • If you settle your Accident Benefit claim for too little, it can hurt your damages law suit.  The insurance company may be entitled to deduct what you could have or should have received from the accident benefit insurer.
    • Some people don’t realize that any settlement offered by the accident benefit insurer is negotiable.  You should ALWAYS counter-offer, even if they tell you the offer is final.
    • The insurance company will consider your burn rate when assessing the value of your settlement.   What that means is they will look at how much you have spent each year on medical rehabilitation and then use the average of those numbers to predict your future expenses.  You should find out from the insurer what the burn right is.

    In most cases, after you settle your accident benefit case, you cannot go back to ask for more money….so make sure the deal you strike is a deal that is fair to you!

    For help with your accident benefit case, call the experienced personal injury lawyers at Auger Hollingsworth Professional Corporation.  We can be reached at 613 233-4529.


    How waiting too long to meet a lawyer can hurt your Ontario car accident case

    Many accident victims wonder how soon is too soon to call a lawyer after a motor vehicle accident.

    The truth is, after you have dealt with the police and secured medical attention, a call to an experienced personal injury lawyer is often your next best call.

    Speaking to a lawyer early in the process does the following:

    • Ensures you know how to handle your telephone call to the insurance company;
    • Ensures you know what notes to make in the days after the accident;
    • Ensures you have an opportunity to take the right photos before vehicles are disposed of an road conditions have been altered;
    • Ensures that you know how to preserve the motor vehicle’s “black box”.

    A lawyer can also help you to provide early notice to the insurer of the at fault vehicle.

    Even if you are not certain you want to make a claim, and even if you are not certain that your injuries are serious, getting early advice from a lawyer you can trust can make a very big difference to the outcome of your compensation down the road.

    To speak with an Ottawa personal injury lawyer, at no cost or obligation, call Auger Hollingsworth at 613 233-4529.  We’d be happy to explain your rights, even if you decide you won’t ultimately hire a lawyer.

    21 Excuses the Insurance Company will Make that the Personal Injury lawyers at Auger Hollingsworth can Negate or Neutralize

    1. The injuries you claim to have sustained in your auto accident are actually related to a prior medical condition.  The only way pre-accident medical condition can seriously damage your case is if you conceal it.

    2. We have closed your file.  How about you re-open it?  The only way an insurance company can permanently close your file is if the limitation period expires or you sign a full and final release.

    3. The police report does not indicate that you were injured. Many times the adrenalin from the accident keeps you from noticing injuries at the scene.  As long as you sought medical attention closely after the accident, don’t worry.

    4. You weren’t wearing your seat belt.  Yes, you should have been wearing your seat belt. However, the worst case scenario is that your compensation will be lowered by 25%.  And that’s only if the insurance company can prove that not wearing your seat-belt made your injuries worse.


    5. Your car wasn’t in great condition. This will likely only affect your case if the defect in your car caused or contributed to the accident.


    6. You didn’t take steps to avoid the collision. As long as you are driving like a reasonable driver, you will not lose compensation because you were not able to take heroic measures to avoid the other driver’s bad driving.


    7. You made a sudden stop.  The car behind you has to leave a safe distance in case you make a sudden stop.  There is very rarely liability on the driver who gets rear-ended.


    8. You did not go to the hospital immediately after the accident. As long as you seek medical attention within a reasonable length of time after the accident, this won’t hurt your case.

    9. Your complaints to the doctor were minimal. It is not at all uncommon for injured people to focus on what is most bothering them at the time of the appointment instead of giving a shopping list of complaints.

    10.  Your complaints to your family doctor did not match the complaints you gave to the staff in the Emergency Room.  Injuries evolve over time.  Also sometimes the doctor’s notes get it wrong.

    11. No one called the police after the accident. It is better if the police are called but not calling the police is still okay of you have the other driver’s info and report the accident to your own insurance company promptly.


    12. You were partially at fault for the accident. In Ontario, even if you are partly at fault for the accident you can still recover damages.  For example, if you were 25% at fault, you get 75% of your damages.


    13. No one else was injured in the accident. Super common and so what?  Different positions in the vehicle, different bodies etc. etc.  This is not a defence.

    14. Your name is not listed on the police report. It is surprisingly common for passengers to be left off the motor vehicle accident report.  Make sure the driver tells his or her insurance company that you were in the car.


    15. The property damage was not severe.  There are lots of reasons why people are badly injured in accidents where there is not a lot of damage to the vehicle itself.  Our engineers will explain all that.


    16. You didn’t take an ambulance from the scene of the accident. Many seriously injured people decline an ambulance and prefer to travel to medical attention with a family member.  People also worru about the cost of an ambulance.

    17. You had no objective injuries– no cuts, no broken bones, no bruises. There is no denying that objective injuries are easier to prove than subjective.  However, lots of invisible injuries are diagnosed and compensated every day.

    18. The type of injury you sustained could not have possibly been caused by the accident.  Insurance adjusters are generally not engineers, doctors or bio mechanical experts.  Your body position in a car explains a lot.


    19. Your memory of times, speeds, distances is inaccurate.  You are lying.  Where possible, it is better to speak to a lawyer before answering questions posed by the insurer.  However, there are many reasonable explanations for this type of error in a statement.

    20. You told us you were not seriously injured in the accident.  There is danger in giving an early statement to the insurer when your injuries have not fully developed.  However, all personal injury adjusters know that in some cases injuries develop over time.  A medical expert will give an opinion to this effect.

    21. You failed to give proper notice, so your claim is barred.  There can be notice periods that impact your claim.  But, don’t take the insurance company’s word for it.  In many cases there are ways around the notice or ways to compensate for late notice.

    You don’t have to deal with the insurance companies alone, we are here to help! 

    If you’re injured, don’t wonder if you need a personal injury lawyer, call us today at 613-233-4529 to ask about our free, no-obligation consultations. 

    The Reciprocation of Technology and Personal Injury: Oculus Rift

    Part 2 of 3 on new technology entering the personal injury world.

    oculus rift photo

    Oculus Rift is a wearable headset that takes the user out of the real world and into a virtual one. At this present stage, Facebook’s $2-billion project is primarily a virtual gaming device bringing video game scenarios to life.


    You are now the quarterback throwing the ball, or Mario jumping over mushrooms. Gone will be the age of the controller. The product is on the market for a few hundred dollars as part of a development kit for content producers to code and develop its platform.  The future applications of this device scope endless possibilities: video games, films, athletics, education, to name a few of the ways it will change the world. But what are the legal issues in the virtual world?

    When you purchase an Oculus Rift, it comes with an array of warnings. When entering the virtual world, users forget their interactions within the real world, which can cause injuries and damage to their surroundings. One Oculus Rift game “Hydra Cover Shooter” actually had to warn users not to interact with objects in the game as users often found themselves leaning on posts and structures within it and subsequently falling down.

    Oculus Rift is full of potential risks and users might experience nausea, disorientation, and involuntary movements. It is still too soon to see what kind of product liability will immerse, but warnings of all sorts must be included as we move further into the virtual world and the inevitable injuries that will incur this year.

    If you’ve been injured in a slip and fall this winter, contact our office for a free, no obligation consultation at 613-860-4529, or ask for a free copy of an “Injured Victim’s Guide to Fair Compensation.” 









    The Reciprocation of Technology and Personal Injury: Google Glass

     From Google Glass to Oculus Rift and Fitbits, wearable technology will find its way into the courtroom more and more in 2015.

    Google glass photo

    Part 1 of 3: Google Glass

    Google Glass has existed for two years and found its way into the lifestyle and consumer world. It does everything any smartphone can do, but is wearable as an eyepiece.

    A Californian personal injury lawyer has become an early adopter of using the Google Glass at his law firm. He uses it to record interviews of witnesses, throughout depositions, and in all of his day-to-day responsibilities. But his favourite application of Google Glass is sorting through case files as they appear directly in front of him at the court, at home and during meetings as he swipes through the air, taps the side, or tells it the next function.

    Look for Google Glass to make its way into proceedings more and more this year. If there is a dangerous walkway, covered with ice and posing a dangerous threat, you can turn on Google Glass record. If a victim is seriously injured, jurors and insurers will now be able to see a victim’s challenges first hand. Google Glass is a hand’s free – distraction free device allowing for first person recording you wouldn’t otherwise be able to use with a smartphone. Think of 2015 for Google Glass as 2007 was for I-Phone: the year the very early adopters began to switch over from their “antiquated” technology.

     It’s always smart to keep your cell phone in your glove compartment and away from your hands while driving. If you or someone you know are involved in a car accident, if possible- remember to record as much information and take plenty of photos at the location of the accident.

    Contact us for a free “Crash Kit” or call 613-860-4529 for a free, no obligation consultation.

    No Helmets in the Hockey Ads?

    Our new personal injury advertisements have been running for a little over a week. See them here :

    1) We Play to Win 
    2) We Play to Win
    3) We Play to Win

    brenda helmet
    We have received a ton of positive feedback and quite a few “lol” comments from people trying to imagine Brenda shooting a one-timer.

    The point of the commercials is, of course, that you need a winning team to help you fight the insurance industry.  The hockey theme is a tie-in to our city’s love of the game and our close connection to this community.

    Interestingly, we have also had a few emails from viewers who wonder about the lack of helmets.  Why are Richard Auger and Brenda Hollingsworth not wearing helmets?

    The answer to that question is pretty simple.  We wanted to look like lawyers.  We have hockey helmets.  (Many!!)  We tried them on while shooting the commercial.  The “joke” of the commercial –lawyers in suits playing hockey– did not work when we had the helmets on.

    Add to that the fact that the shooting of the commercial was very controlled and very safe.  There was no real risk that we would be hurt short of a freak fall.  We were mostly standing still or going very slowly and we are not bad skaters.

    Having said all that, if you are really playing hockey or skating, please wear a helmet.  Your safety is important to us.


    Drive Safe Over the Holidays

    The winter holidays are a time for love, laughter, celebration and salutations. It is the most joyous and festive time of year, but for drivers in Ontario it can be the most dangerous and disastrous.












    Impaired Driving

    Impaired driving is dangerous in any season, but add in difficult winter road conditions and you have a recipe for disaster. Not only must we face the snow, slush, and ice-covered roads, but many drivers are unaware even the slightest drink of alcohol will effect their reaction time, meaning even more accidents are likely to occur.

    When we think about impaired driving we tend to imagine the stereotype of someone falling down drunk, slurring words, bobbling keys and getting into a car.  But in the majority of cases, it is usually people who have consumed two or more glasses and are just slightly over the legal (0.08) amount. We have had many cases where someone had drank throughout the evening, went to bed around midnight, drove into work that morning, were stopped at a R.I.D.E program and blew over the legal limit.

    Please be safe over the winter holidays. If you have had any alcohol to drink, or had any marijuana- do not drive.

    For more information on your personal injury case with an impaired driver, call us for a free consultation at 613-233-4529.

    Auger Hollingsworth – We Play to Win

    auger  hockey












    Daniel Alfredsson wasn’t the only one in Ottawa to take centre ice on Thursday. Auger Hollingsworth stepped out of the courtroom and onto the ice as part of a new winter television campaign to spread awareness of compensation after a collision, slip and fall or other accident.

    After an accident, facing off against the insurance company can be discouraging. Not only are you in physical pain, but also emotional pains of lost wages and health care expenses.

    As the temperature drops, the number of slips and falls rises. Despite taking proper precautions, winter’s wet and icy conditions are unpredictable, leaving you to wonder who is responsible for your injury. But being penalized by your insurance company because of an injury is what we call an offside.

    Recently, Auger Hollingsworth settled a case involving a woman who slipped and fell at a superstore parking lot. The sidewalk was congested with people and shopping carts. Despite wearing appropriate winter footwear and taking caution in crossing the road, her foot slipped out from under her as she stepped onto the sidewalk -leaving her with a broken left ankle that required surgery.  Because of her age, costly accommodations were made to adapt to her current well-being.

    For the following months after, she endured the following:

    She was unable to walk- requiring walker and wheelchair rental.
    She was unable to drive for five months- requiring chauffeurs.
    She was unable to shop for food-requiring meals on wheels.
    She was unable to properly maintain her vehicle-requiring expensive repairs insurance wouldn’t cover.
    She was unable to wash by herself-requiring a bath handlebar, and personal assistance.

    By working with Auger Hollingsworth’s personal injury team, she was able to receive a six figure settlement for her pain and suffering.

    If you’ve been injured in a slip and fall this winter, contact our team at Auger Hollingsworth for a free, no obligation consultation at 613-860-4529. Your goals are our goals, and we play to win.

    Bill 15 Passes Third Reading- Bad News for Ontarians

    On November 20th, the Ontario legislature passed a bill aimed at lowering the interest rate insurance companies have to pay on your pain and suffering.

    See Bill:

    Prior to the passing of this Bill, interest rates encouraged insurers to settle cases in a timely manner. Now, there is no need for insurers to move quickly, and so begins the process of dragging everything out. This allows for insurers to bank the money and profit from it, while accident victims wait longer for their compensation.

    The prejudgment interest rate has historically provided incentive to settle cases in a timely manner. With the interest rate for pain and suffering damages in MVAs reduced from 5% to 1.3%, there will obviously be little incentive for insurers to deal expeditiously with claims for pain and suffering.

    Instead, insurers will keep their money in the bank for as long as possible, make additional income from their investments, and starve out innocent plaintiffs.

    Currently, insurance companies make 3% on their investments, and therefore they can expect to earn at least 1.7% profit holding on to an innocent victim’s compensation for damages for every year that they put off settlement. It’s really just simple math.

    A second aspect of this Bill removes the accident victim’s right to sue relating to accident benefits. This loss will lead to duplicated effort and unnecessary costs. People who are injured in auto accidents may be forced to participate in two similar adjudicative processes – one at the Licence Appeals Tribunal for accident benefits disputes, and then a trial involving a Tort claim where the same issues may be litigated a second time, using the same medical experts!

    *The potential waste with this change is huge.

    Have a question about an accident you were in? Order one of our free accident guides or call for a free consultation at 613-860-4529 to book a consultation within 24-48 hours. 

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  • Auger Hollingsworth Personal Injury Lawyers representing injured people in Ottawa, Smiths Falls, Perth, Cornwall, Kingston, Renfrew, Lanark, Pembroke, Petawawa and Hawksbury, Toronto, Peterboroght, L'Orignal. Note: This Website Provides Information but not legal advice. Contact a lawyer for legal advice about your case. Every case is different.
  • Mailing Address: 1443 Woodroffe Avenue, Ottawa, Ontario, K2G 1W1 | Downtown Office: 304 O'Connor Street, Ottawa, Ontario, K2P 1V7
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