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

    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.

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    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

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    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: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=3007

    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. 

    Cantley Teenager Killed After Hit by Two Vehicles

    A 17-year old female student died early on October 14 after being hit by two vehicles on Highway 307 near Rue Cardinal. The crash, which occurred near Cantley involved a young woman thought to be a student at CEGEP de l’Outaouais. The teen was hit by a pickup truck, which threw her into an oncoming lane where she was hit by a second vehicle. The second vehicle is believed to have stopped shortly before leaving the scene.

    Anyone with information about this accident is being asked to contact investigator Bruno Lafleur-Larocque at 819-459-2422, ext. 3244.

    Have you been injured in a hit and run?

    After a hit and run your health should always be your number one priority, but here are some other aspects to consider.

    1.  Always call police. It’s important that police are contacted right after a hit and run so that they can review the scene of the crash, and get necessary details. Also, they will want to talk to any witnesses at the scene.
    2. Contact your insurance provider and let them know you have been injured in a hit and run.
    3. Keep track of all records, medical or therapy bills, loss of income, and any other expenses you have as a result of the hit and run.
    4. Contact a personal injury lawyer about your options.

    If you have questions about a hit and run you were injured in, contact the personal injury lawyers at Auger Hollingsworth for a free, no-obligation consultation at 613-233-4529.

     

     

     

    Bank Street Dump Truck Collision Causes Critical Injuries

    Early in the morning on October 14th police were notified of a major collision on Bank Street and Isabella Street. According to reports, a dump truck sideswiped another vehicle at the intersection. The driver of the dump truck and the woman in the other vehicle were transported to the Ottawa Hospital. The woman in currently in critical condition with chest injuries.

    For more information on this accident read the report from The Ottawa Citizen.

    Want to prepare for an accident before it happens? When your adrenaline is pumping after an accident, it is helpful to have a guide telling you what steps to take. Order our free Crash Kit for your Glove Box, so you can have easy-to-access information when you need it.

    Have questions about an accident you were in? Our personal injury lawyers at Auger Hollingsworth are available for free consultations at 613-233-4529. Appointments can be booked within 24-48 hours.

    Auger Hollingsworth’s Leading Lawyers Chosen Among Ottawa Life Magazine Top 25 People in the Capital

    This month Brenda Hollingsworth and Richard Auger were featured in Ottawa Life Magazine’s Special Issue on The Top 25 People in the Capital. These leading lawyers even came in at number 2! Here’s what features writer Marie Waine had to say:

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    Brenda Hollingsworth & Richard Auger: Legal Power Couple

    Brenda Hollingsworth and Richard Auger are the power couple that make up Auger Hollingsworth, Ottawa’s personal injury law firm. The two met in law school and have been inseparable ever since. It was a natural decision to open up a law firm together. “We are a husband and wife law team,” says Hollingsworth. “There can be strain of what direction the firm should go in, but we work from the same pot so we are always watching out for each other. It’s a very nice way to practice.” And that practice has been booming. Over the last year, Auger Hollingsworth has grown, opening up a second location in the downtown Ottawa core. The firm has also welcomed two new associate lawyers. Hollingsworth says she hopes to add one or two more in the next year. “We are in expansion and growth mode,” she says. “It is a big time for us.” If this is not enough, the firm is also in the midst of becoming a paperless law firm, increasing the use of technology to improve client services. One of the client services Auger Hollingsworth prides itself on the most is its education-based marketing technique. The firm has published multiple books people can order for free off of the firm’s web site. “A lot of people don’t need a lawyer,” says Hollingsworth. “They just need some help and information.” She says providing free legal resources helps differentiate the couple’s law firm from others in the city. “People don’t usually associate lawyer with free,” she says. “It’s our way of giving back. From a business perspective, it’s good and from a community service perspective, it’s good.”

    Read the rest of the article in Ottawa Life Magazine’s September/October Issue  .

    Have you been in an accident and would like Brenda and Richard on your team? Call our offices at 613-233-4529 to book a free, no-obligation consultation.

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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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