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
  • Personal Injury Articles

    If you have questions about your Ontario accident, we have answers. Check out the articles in this section to get answers to common questions we are asked everyday by serious accident victims.

    Auger Hollingsworth’s Personal Injury Lawyers have 4 Offices to Serve You!

    The personal injury lawyers at Ottawa’s Auger Hollingsworth Professional Corporation are delighted to announce that we now have four personal injury law offices in the Ottawa-area to better serve our clients.  These are fully staffed offices with lawyers and other legal professionals ready to serve you at a time and location convenient to YOU.

    All of our personal injury law offices have free on-site parking.

    Need help with your motor vehicle collision case, your slip or trip or fall or a disability denial?  Let our team of excellent personal injury lawyers help you.

    • West End Ottawa / Nepean:  1443 Woodroffe Avenue, K2G 1W1

    The Woodroffe office is our mailing address.  It is south of Baseline, north of the Nepean Sportsplex on the East side of Woodroffe.  This is a barrier-free office.

    • Kanata / Stittsville: 737 Silver Seven Road, unit 10, K2V 0H3

    The Kanata / Stittsville office is at the Terry Fox exit off the 417.  It is directly across the street from Costco.  It is brand new and barrier-free.

    • Ottawa East: 2540 Lancaster Road, unit 1, K1B 4S5

    The Ottawa East office is close to the Museum of Science and Technology, at Lancaster and St. Laurent.  This office is barrier-free.

    • Downtown Ottawa: 304 O’Connor Street, K2P 1V7

    The Downtown office is just north of the 417, near Waverley.  The office is on the west side of the street.  There are three steps to enter this 100-year-old building.

    All offices are served by a single telephone number 613-233-4529.  As always, we will continue to come to our clients’ homes or hospital rooms as requested.

    Completing Statutory Accident Benefits Forms

    If you have had a motor vehicle accident, you will probably receive forms from your insurance company to complete.  Alternatively, you might download the forms from the FSCO website.  These forms relate to your application for Statutory Accident Benefits, also known as “no-fault” benefits in Ontario.

    In order to claim Statutory Accident Benefits, you MUST complete these three documents:

    • Application for Accident Benefits (OCF-1)
    • Employer’s Confirmation (OCF-2)
    • Disability Certificate (OCF3).

    You will also receive a Permission to Disclose (OCF5), and Expense Claim (OCF6), a Treatment and Assessment Plan (OCF18)  and a Treatment Confirmation (OCF 23).  These forms are not mandatory and are not needed to start your claim.

    Timelines for Completing the Statutory Accident Benefit Forms

    There are timelines for completing the statutory accident benefit forms, but being a little but late will usually not cause problems, especially if there is a good reason.

    The Application for Accident Benefits, OCF1, should be submitted within 30 days from the day you receive the forms.

    The Disability Certificate, OCF3, should be submitted within 10 days of the completion of the Application for Accident Benefits.

    Who Should Complete the Statutory Accident Benefit Forms

    The Application for Statutory Accident Benefits, OCF1, should be completed by the person applying for accident benefits.  That person is referred to as the “claimant”.  A lawyer or a paralegal can help the claimant complete the form.  Auger Hollingsworth regularly assists clients with this form.

    The Employer’s Confirmation, OCF2, has a section that is completed by the claimant.  The balance of the form is to be completed by the claimant’s employer.  If the claimant has had more than 1 employer over the past 52 weeks, each employer should complete a copy of the OCF2.

    The Disability Certificate, OCF3, has a section that is completed by the claimant.  The balance of the form is to be completed by a health practitioner.  This includes a physician, chiropractor, dentist, occupational therapist, optometrist, psychologist, physiotherapist, nurse practitioner and speech language pathologist.  We highly recommend whenever possible that your PHYSICIAN complete the form.  He or she can submit an invoice for completing the form together with the form.

    Where do you Send the Forms

    If you received the forms directly from your own auto insurer, the return address is probably stamped on the forms, or identified in the cover letter that accompanied the forms.  Send them there.

    If you downloaded the forms, you will have to determine where to send them.  Remember that where you send your forms is not dependent on who was at fault for the accident.  Consider:

    • If you have your own car insurance on your own car, send it to that insurer.  That is true even if your own car was not involved in the accident.
    • If you are listed as a driver on an insurance policy, send it to that insurer.
    • If you are dependent on someone or the spouse of someone who has his / her own insurance or is listed on an insurance policy, send it to that insurer.
    • If you do not have insurance and are not a spouse or dependent of someone with insurance, send the forms to the insurance company that covers the vehicle you were in at the time of the accident.
    • If you do not have insurance and are not a spouse or dependent of someone with car insurance and were struck as a pedestrian or cyclist, send the forms to the insurance company of the vehicle that struck you.
    • If you do not have insurance and are not a spouse or dependent of someone with car insurance and the vehicle you were in does not have insurance, send the forms to the insurance company for any other vehicle involved in the accident.
    • If all else fails, send the forms to the Motor Vehicle Accident Claims Fund.

    Need Help Completing your Statutory Accident Benefit Forms?

    At Auger Hollingsworth we help accident victims complete Accident Benefit forms on a regular basis.  Why not give us a call to see if we can help you?  Call us at 613 233-4529 for a free no obligation appointment.

     

    Ontario’s 2015 Budget is Bad for Accident Victims

    Last week the Ontario provincial government released its 2015 budget.  Although it did not get a lot of attention, an entire section of the budget is dedicated to proposed changes to how injured victims are treated after a motor vehicle accident.

    By and large, the news is not good.

    The first proposal is to change the standard benefit level for medical and rehabilitation benefits to $65,000 (from $50,000) and to include attendant care services under this benefit limit.  Although this looks like an increase, it is actually a decrease.  Attendant care services of $36,000 are currently in place for the standard benefit package.  What happened to that $21,000 of coverage?  Gone!

    The second proposal is to include attendant care services with the $1 million medical and rehabilitation benefit for catastrophic impairments.  Again, catastrophically injured victims currently have access to $1 million for EACH of medical rehabilitation and attendant care benefits.   The Premier was asked why Ontario was making this change.  Her answer was that Ontario has very “generous” benefits.   Generous is relative.  If you are a young person with a severe spinal cord injury, you will very quickly learn that $1 million is not very much money.  There was no reason provided to explain why the insurance companies require this change.

    The third proposal is to reduce the standard duration of medical and rehabilitation benefits from 10 years to five years for all claimants except children.    Given the long wait times for MRIs and some types of orthopedic surgeries, there will be some accident victims who will not get proper rehab after their accident because the benefits will expire before they have time to use them.

    The fourth proposal is to eliminate the six-month waiting period for non-earner benefits and limit the duration of non-earner benefits to two years after the accident.  In order to qualify for non-earner benefits, you have to be completely unable to live a normal life.  Only the most injured people qualify for this benefit.  Currently, there is a 6 month waiting period to qualify, but the benefits last until age 65 and then decrease in amount to age 70.  This is a very significant cut that will hurt Ontario’s most vulnerable.  The benefit is currently $185 per week.

    There are other proposed changes that will negatively impact accident victims.  For example, the $30,000 deductible on damages for pain and suffering is going to be indexed to inflation.  That deductible applies to pain and suffering awards under $100,000.  That $100,000 number is also going to be indexed to inflation.  Indexing to inflation seems reasonable.  However, where the dollar figures are to the benefit of accident victims, there is no proposal to index for inflation. For example, the income replacement benefit under the Statutory Accident Benefits has been $400 per week for more than a decade.  The non-earner benefit is $185 per week.   How about a little indexing there?

    Overall, this budget is a kick in the teeth to people who have already been kicked in the teeth!  And really, there is no explanation for why these changes are necessary or assist Ontarians.   The government seems to want to be congratulated  for lowering insurance premiums.  However,  it is no great feat to get a lower price for a lower quality insurance policy.

    Ontarians will be getting less coverage for (maybe, it remains to be seen) lower premiums.  If you want to maintain your level of coverage, you have to pay for upgrades, i.e. pay more for the same.

    Why no uproar?  Primarily because the people who will be negatively impacted by these changes do not know it yet.  These are accidents waiting to happen.

     

    Getting Health Care after An Accident Out of Ontario

    It’s almost March Break!  After the winter we’ve had, who wouldn’t want to get out of dodge and onto some sunny tropical island.  It is time for vacation.   The living is easy….until…uh oh… you have had an accident while on vacation outside Ontario.

    • Get Appropriate Medical Care

    Naturally, you will want to get medical care immediately.  Do you have proper travel health insurance?  The Government of Ontario warns Ontario residents that there is “very limited” coverage for out of country health care.

    OHIP does not pay for out of country ambulance services, transportation costs or drugs or prescriptions.

    • Hopefully, You were Vigilant About What Travel Insurance You Selected

    Make sure you understand the terms and conditions of the travel health insurance you have purchased.  In particular, be aware of the effect of any pre-existing health conditions on your coverage.  For example, if you have a pre-existing health condition that requires medical care while you are out of Ontario, you may have trouble securing coverage if the policy you purchased excludes pre-existing conditions.

    Coverage varies a lot from between different insurers.  Different insurers may also have different levels of coverage.  Spend some time investigating what you need before selecting your travel insurer.

    Finally, injuries from some high risk or extreme sports may not be covered in your travel health insurance.  Check the fine print before you get on that zip line.

    • Can’t Find Appropriate Medical Care?

    If you have difficulty finding appropriate medical care, the Canadian embassy, consulate or High Commission can help.   They can provide you with information about medical care in the area, help you arrange for a medical evacuation, help you contact your family, etc.  However, they cannot pay for your medical care.

    If you have had an accident while on vacation out of Ontario, claiming compensation is tricky and almost always will require the assistance of a lawyer to help you figure out where to claim and against whom.  The lawyers at Auger Hollingsworth would be pleased to assist you at this difficult time.  Call us today 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.

     

    From Frustration and Worry to Satisfaction and Peace of Mind

    How hiring a personal injury lawyer to handle your accident claim will radically change your post-accident experience

    If you are like most accident victims, your life has been chaos since you were hurt:

    • You are in pain
    • You are rushing to medical appointments
    • Your insurance company is demanding forms and information
    • Your family is left to pick up the slack

    Hiring the experienced personal injury lawyers at Auger Hollingsworth to represent you will immediately and permanently reduce or eliminate these problems. Here’s how we do it:

    1. Our lawyers take over dealing with all insurance issues. No more calls or forms!
    2. Our lawyers make sure you are getting the rehab you need and deserve.
    3. Our lawyers can help you and your family to set up the support you need to make life as normal as possible

    If this sounds good to you, call our office today at 613-233-4529 and starting getting the help you need.

    What are the New Changes to Statutory Accident Benefits in Ontario?

    The government recently made changes to the Statutory Accident Benefits that will affect personal injury victims. There are three major changes that will have an impact on the following aspects of personal injury law:

    • how pre-existing conditions are dealt with under the Minor Injury Guideline
    • attendant care benefits for family members
    • the ability to alter benefits if the injuries are designated catastrophic

    Change #1: Pre-existing Injuries and the Minor Injury Guideline

    The first major change is an alteration to the Minor Injury Guideline. When you are placed in the Minor Injury Guideline, it means you will be given no more than $3,500 to recuperate from your injuries. With many injuries, you want to avoid the Minor Injury Guideline because $3,500 is not enough to help you fully recover. Previously, if you already had an injury that prevented you from reaching maximum recovery, then the Minor Injury Guideline (including the $3,500 insurance benefit limit) would no longer apply. Under the updated regulations, if your doctor has not recorded that you already had a pre-existing injury in your file before your accident then you are stuck in the Minor Injury Guideline. These changes will have a negative impact on those who do not have a doctor, or did not make a visit to their doctor, before their accident.

    Change #2: Attendant Care

    Family members often choose to stay at home to take care of an injured loved one. This will become difficult to do under the new changes. In the updated regulations, if the care provider is not working in their ordinary employment, then the attendant care benefit will not be more than the economic loss directly sustained while providing care. Overall, more and more families will have to return to work and have their loved one taken care of by health care professionals.

    Change #3: Election of Benefits and Catastrophic Injuries

    Our health changes over time. The goal is that you will heal after your injuries, but sometimes we unfortunately get worse. Previously, if your injuries became catastrophic, then you could have your caregiver benefits updated with 30 days. Under the new regulations, the election of benefits is final regardless of any changes. This hurts personal injury victims by not allowing their benefits to accurately represent their injuries.

    Learn more by watching Brenda Hollingsworth discuss the changes to the Statutory Accident Benefits on CTV Ottawa Morning with host Lianne Laing.

    Have questions about how these new regulations will impact your personal injury claim? Call a personal injury lawyer such as Auger Hollingsworth at 613-233-4529 to book a free, no-obligation consultation.

    Pedestrian Accident at Booth and Carling in Ottawa West

    A 47-year old man was struck by an SUV at the intersection of Carling Avenue and Booth Street on October 12, 2013, Thanksgiving Saturday.  The pedestrian was said to have suffered serious orthopedic injuries, as well as a head injury.

    The accident occurred around 5:30 p.m.

    What to expect after a serious Ottawa pedestrian accident?

    If you have been injured in an Ottawa pedestrian accident, your medical condition should be your top priority.  Attending the hospital as required, participating fully in prescribed therapy and pushing yourself to rehabilitate are the most important actions you can take.

    In order to allow yourself the chance to recover, consider engaging an experienced personal injury lawyer from Auger Hollingsworth to look after the insurance claim and other legal and administrative paperwork.  When you hire us while you are still in the hospital we can do the following for you:

    • Notify your auto insurer of the accident.
    • Provide you with the application for benefits and assist you to complete that application.
    • Help you and your family to gather and submit receipts for food, parking and other expenses.
    • Help you to hire an occupational therapist and other rehab team members who will help you with hospital discharge planning to get you home faster, but safely.  We will arrange for this team to be paid for directly by the insurance company.
    • Provide notice of a potential claim to the at fault driver.
    • Obtain the complete police report.
    • Obtain the medical records needed to prosecute your case.
    • Liaise with your medical team on an on-going basis.
    • Ensure that you obtain all income replacement benefits to which you are entitled.
    • Provide advice if you are asked to be a witness at a criminal or Highway Traffic Act trial.
    • Build your case and push it forward to settlement or judgment.
    • Negotiate a settlement with your accident benefit insurer, where appropriate and possible.

    If you need assistance with any of these important steps after an Ottawa pedestrian accident, call 613 233-4529.

    Cyclist, Two Teen Drivers Injured at Orchardview and Innes in Accident

    The Ottawa Sun is reporting that three teens were injured at the intersection of Orchardview and Innes Roads in Ottawa’s east end on Monday, October 14, 2013.

    The motor vehicle accident involved two cars, each driven by a 17 year old woman, and a 17 year old cyclist.

    All three individuals involved were reporting injuries.

    Steps to Take after a Bicycle – Car Accident

    1. Get appropriate medical care as soon as possible and follow up with your physician as required.  Initial medical care should be provided by a doctor.
    2. Notify your car insurance company, even if you were on your bicycle.  Let them know you were hurt and require an Application for Accident Benefits (OCF-1).  These benefits are available to you even if you caused the accident.
    3. Contact a personal injury lawyer for a free, no obligation consultation.

    The Ottawa personal injury lawyers at Auger Hollingsworth Professional Corporation would be very happy to answer your initial questions after your accident.  For more information or to schedule a meeting with one of our lawyers call 613 233-4529.

    Need info About the Bus Accident? Watch us on CTVMorningLive

    Ottawa personal injury lawyer Brenda Hollingsworth will be on CTV MorningLive on Thursday, October 3 at 7:25 am to provide important information about what to do if you were injured on the OCTranspo bus that was involved in the terrible VIA Rail train accident on September 18, 2013.

    Find out:

    • How to get funding for physiotherapy, chiropractic therapy and other non-OHIP covered health care services after a bus accident;
    • How to get coverage for counseling you may need give the traumatic event you experienced during the bus accident;
    • What deadlines apply to this case and what you need to do to protect your rights.

    Watch this episode of CTVMorning Live to get answers to your questions.  You may not need a lawyer to process your injury claim but you will need this important information.

    Want to speak to an Ottawa personal injury lawyer today?  Call the personal injury lawyers at Auger Hollingsworth Professional Corporation today at 613 860-4529 today.

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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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