Auger & Hollingsworth

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    Jeannie Armstrong, Personal Injury Client
  • Ontario Personal Injury Damages

    “Damages” in a personal injury case refers to the amount of money you receive for your case. The articles in this section of the website provide information about the different types of compensation that may be available in your Ontario accident claim.

    The Most Dangerous Intersections in Ottawa

    According to an article in the August 18th edition of The Ottawa Citizen, a recently released city report names the intersection at Riverside Drive and Hunt Club Road the most dangerous in Ottawa. With 53 crashes reported in 2011, Riverside/Hunt Club has the highest number of collisions of any signal-controlled intersection in the city, a dubious honor it holds for the second year in a row. In 2010, the same intersection was the site of 43 reported accidents.

    The rest of the intersections named in report are listed in descending order according to the number of reported collisions:

    • Belfast Road at St. Laurent Boulevard (32)
    • Baseline Road at Woodroffe Avenue (31)
    • Catherine Street at Kent Street (30)
    • Walkley Road at Hawthorne/Russell Roads (30)
    • Prince of Wales Drive at West Hunt Club Road (30)
    • Blair Road at Blair Road Ramp 36 (29)
    • Clyde Avenue at Merivale Road (29)
    • Industrial Avenue at St. Laurent Boulevard (29)
    • Baseline Road at Greenbank Road (28)
    • Beechwood Avenue at Crichton Street (28)

     

    Although the total number of collisions in Ottawa increased to 15,295 in 2011 from 14,953 in 2010, the number of accidents resulting in injuries and fatalities actually decreased. Fatalities alone dropped a dramatic 34% from 38 in 2010 to 25 in 2011 – the lowest number of fatalities in 6 years. Interestingly, none of the fatalities occurred at the intersections above. These decreases are even more significant considering that the number of registered drivers and vehicles actually increased during the same time period.

    The study follows last year’s revamping of the Safe Roads Ottawa Program initially launched in January 2004. The program focuses on the 3 E’s (Engineering, Education, and Enforcement) and aims to reduce the overall number of collisions in Ottawa by increasing public awareness and coordinating efforts between road safety and enforcement agencies.

    If you live in Ontario and have been involved in a collision, reach out to the experienced Ottawa personal injury lawyers at Auger Hollingsworth.  We will provide you with the information you need to make the right decisions about compensation in your case.  Call our law firm today 613 233-4529.

    Some information sourced from an article in the Ottawa Citizen.

    Ottawa lawyer: Why do I have to sign so many authorizations?

    When new Ottawa personal injury clients sign up with Auger Hollingsworth, they are usually asked to sign a large number of authorizations.  Many new clients wonder why we need so many authorizations that are identical or very similar.

    Authorizations are the documents that give your lawyer permission to contact third parties on your behalf.

    We get you to sign an OHIP authorization.  This allows us to obtain your OHIP decoded summary.  Your OHIP decoded summary lists all of the OHIP covered services you have received in the past 7 years.

    Any doctor you have seen, or any other medical clinic, requires an authorization before they will release your records to us.

    We need of the original authorizations back  as no photocopies are accepted by doctors or hospitals.  You would be amazed at how many medical people swipe your OHIP numbers over 7 years.  We need to request the records from all of them.  That is why we need so many forms.

    Immediately after we open your file, we request the following records that require a general authorization:

    -all tax returns

    -any social services history (Ontario Works / ODSP)

    -your employment records

    -your CPP contributions

    -the complete police file or municipal file or whatever investigation file we think might exist

    If we want to engage an expert to help us do something, we need to send them an authorization.

    If we want to speak to an insurer on your behalf, they sometimes require an authorization.

    It does not take long for the number of general authorizations we use to add up.   Those are some examples.

    If you are wondering if an Ottawa personal injury lawyer can help you with your personal injury claim, call our office today at 613 233-4539.

     

    Ottawa Judge Awards $6.1 Million After Rollover accident on Highway 401

    Ottawa Lawyer –  The Honourable Mr. Justice Quigley released his judgment yesterday in our case involving a man in his twenties who suffered a serious spinal cord injury, among other injuries, in a single vehicle rollover accident.  He was a passenger in the car.  The accident was near Brockville in early 2007.

    The award totalled $6.1 Million, including damages for pain and suffering, future medical and rehabilitation costs, loss of income, loss of housekeeping and family law act claims for certain family members.

    We had a great team of experts on the case:  occupational therapist Matilda Amos of Functionability, neuropsychologist, Dr. Catherine Gow, forsensic accountant Darrell Sherman from ADS, forensic engineer Peter Williamson,  labour market researcher Natalie Beck-Livingstone and life care planner Michelle Wagenberg of Carol Bierbrier and Associates.   His Honour (the judge) carefully reviewed all of this evidence when reaching his decision on damages.  This case is proof that putting together the right team is very important in order to get a fair assessment of your damages.

    If you would like to see what our team can do for you in your case, contact the Ottawa accident lawyers at Auger Hollingsworth 613 233-4529.  We would be honoured to meet with you.

     

     

     

     

     

    How to Prevent Motorcycle Accidents and Injuries

    Every year in Ottawa and throughout Ontario there are hundreds of motorcycle accidents.  Many of these accidents result in serious injury and some are even fatal.  Many of these accidents and injuries are avoidable.  Knowledge and prevention are key tools in remaining safe when riding a motorcycle.

    Reasons for Reported Motorcycle Accidents in Ontario

    • Speeding/riding too fast for conditions
    • Helmet was not being worn
    • Loss of control
    • Under 25 years of age
    • Single vehicle collisions

    The Ministry of Transportation ofOntariomonitors and keeps statistics on accidents on its roadways.  It also sets out rules and regulations that are to be followed by all drivers and motorcyclists are not excluded.  Helmets are required by law when riding a motorcycle inOntario, yet 10% of riders who were killed and 15% who were injured were not wearing a helmet at the time of the accident.  Protecting yourself can be the difference between a serious injury or fatal accident.

    Suggestions For Motorcycle Riding Protection (MOT)

    • An approved motorcycle helmet
    • Good quality motorcycle riding equipment
    • Wear long sleeved shirts and pants
    • Jackets with protective padding (areas like shoulder and elbows)
    • Wear leather gloves and boots
    • Wear bright colours and reflective clothing

    With a little education and good judgement, motorcycle accidents can be greatly reduced and injuries from accidents can be less severe.   Follow all posted traffic signs and keep control of your bike at all times and dress in proper clothing.  Keep your motorcycle in good repair and make sure your insurance is up to date.  Riding can be a most pleasurable hobby and a most enjoyable way to travel.  Do it responsibly and enjoy it.

    If you or a loved one has suffered an injury while riding a motorcycle, contact the personal injury lawyers at Auger Hollingsworth for a free no charge consultation.  Call us at 613 233-4529.

    Catastrophic Injury? What is a Catastrophic Injury? Ontario Accident Lawyer

    In the contex of a motor vehicle accident, including a car-pedestrian, car-bicycle, motorcycle or truck accident, the term “catastrophic injury” has a very specific meaning.

    When you are injured in a motor vehicle accident in Ontario, you are entitled to statutory accident benefits.  These benefits are usually paid by your own auto insurance company.   Since 2010, there have been three levels of benefits.  One of those levels of benefits is for people who have been deemed or found to have suffered a catastrophic injury.

    Some injured victims are automatically in the catastrophic category because of the injury they have suffered.  Those injuries include: paraplegia, quadriplegia, amputation, blindness and certain types of traumatic brain injuries.

    Other accident victims will qualify for catastrophic benefits if a specially trained medical practitioner (or more often a team of medical practioners) assigns an impairment rating of 55% or more.  This impairment rating is typically completed after 2 years, although in some cases it can be completed earlier.

    If the injured person is “catastrophic”, either because he or she has one of the listed injuries, or meets the impairment rating test, he or she qualifies for a higher level of accident benefits.  Most notably, the “medical- rehabibilitation benefit” jumps from $50,000 to $1,000,000.00 and there is an increase in the attendant care benefit. Certain benefits also last longer.

    Sometimes there is a dispute between the injured victim and the insurance company as to whether or not the injured person has been catastrophically injured.  An experienced personal injury lawyer can help you navigate that dispute through the Financial Services Commission of Ontario and / or the Ontario Court system.   If you would like to speak to Auger Hollingsworth about your claim and whether or not you qualify for catastrophic benefits, call us at 613 233-4529.

     

    Ottawa Physiatrists- Who are Ottawa’s Physiatrists

    If you have been injured in an accident, your family physician may recommend that you see a physiatrist for a diagnosis and rehab plan for your injuries.  If you live in Ottawa, the College of Physicians and Surgeons identifies the available physiatrists as follows:

     

    Acharya,   Meenaxi Surendra Elisabeth   Bruyere Hospital
    43 Bruyere Street
    Ottawa ON K1N 5C8
    Phone: (613) 562-0050
    Fax: (613) 562-6312

     

     

    Besemann,   Markus Heinrich Canadian Forces Health Services HQ
    1745 Alta Vista Drive
    Ottawa ON K1A 0K6
    Phone: (613) 945-6600 Ext. 6515
    Fax: (613) 998-3924

     

     

    Blackmer,   Jeffrey Edwin The Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350
    Fax: (613) 737-9638

     

     

    Buenger,   Usha Rita The Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M5
    Phone: (613) 737-7350 Ext. 75627

     

     

    Dabee,   Vassant Children’s Hospital   of
    Eastern Ontario
    401 Smyth Road
    Ottawa ON K1H 8L1
    Phone: (613) 737-7600 Ext. 2832
    Fax: (613) 738-4878

     

     

    Dojeiji,   Suzan Samantha The Rehabilitation Centre
    505 Smyth Road
    Room 1104
    Ottawa ON    K1H 8M2
    Phone: (613) 737-7350 Ext. 75306
    Fax: (613) 737-6877

     

     

    Dudek,   Nancy Lorraine 505 Smyth     Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350

     

     

    El-Sawy,   Reda Mohamed 381 Kent     Street
    Suite 505
    Ottawa ON K2P 2A8
    Phone: (613) 234-7780
    Fax: (613) 234-6636

     

     

    Finestone,   Hillel Moses c/o Elisabeth Bruyere Hospital
    Department of Physical Medicine
    And Rehabilitation
    75 Bruyere Street
    Ottawa ON K1N 5C8
    Phone: (613) 562-6094
    Fax: (613) 562-6312

     

     

    Khan,   Anjum Sarah Elisabeth   Bruyere Hospital
    Dept of Phys Med and Rehabilitation
    43 Bruyere Street
    Ottawa ON K1N 5C8
    Phone: (613) 562-6262

     

     

    Lentini,   Anthony Campallegio Suite   218
    223 Colonnade Road South
    Ottawa ON K2E 7K3
    Phone: (613) 792-1525
    Fax: (613) 792-3648

     

     

    MacGregor,   Susan Lynne The Rehabilitation   Center
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350 Ext. 75596
    Fax: (613) 737-9638

     

     

    Marks,   Meridith Belle The Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2

     

     

    Marshall,   Shawn Calder The Ottawa   Hospital
    Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-8899 Ext. 75590
    Fax: (613) 737-9638

     

     

    McCormick,   Anna Marie The Children’s Hospital
    of Eastern Ontario
    Rehab PSU
    401 Smyth Road
    Ottawa ON K1H 8L1
    Phone: (613) 737-7600 Ext. 2831
    Fax: (613) 738-4893

     

     

    McKee,   Alexander Carman Suite   2
    3635 Rivergate Way
    Ottawa ON K1V 2A4
    Phone: (613) 739-3459
    Fax: (613) 739-1471

     

     

    Quon,   Deanna Lee The Ottawa   Hospital
    Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350 Ext. 75595

     

     

    Racine,   Francois 595 Chemin Montreal
    Suite 404A
    Ottawa ON    K1K 4L2
    Phone: (613) 745-7399
    Fax: (613) 745-9875

     

     

    Sreenivasan,   Vidya Anandhi The Rehabilitation Centre
    Room 1200
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350 Ext. 75595
    Fax: (613) 737-9638

     

     

    Trudel,   Guy The Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-8899 Ext. 75591
    Fax: (613) 739-6864

     

     

    Wiebe,   Scott Christopher The Ottawa   Hospital
    Dept of Physical Medicine & Rehab
    Room 1105C
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350 Ext. 75596
    Fax: (613) 737-9638

     

     

    Wolff,   Gerald Keith The Rehabilitation Centre Ottawa
    Dept of Physical Medicine & Rehab
    Room 1105
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-8899 Ext. 75598
    Fax: (613) 737-9638

     

     

    Yang,   Christine Ping Bruyere Continuing Care
    Physical Medicine & Rehab Service
    43 Bruyere Street
    Ottawa ON K1N 5C8
    Phone: (613) 562-6094
    Fax: (603) 562-6312

    Questions at Examination for Discovery in Ontario

    Are you going to be examined for discovery in a car accident case in Ontario?  Here are some topics you will likely be asked about by the lawyer for the at fault driver’s insurance company:

    Your Background:

    • Your name
    • Address
    • Education
    • Marital / Family Status

    Your Home:

    • The layout of your home
    • Number of bedrooms
    • Number of bathrooms
    • Size of your lot
    • Number of stairs
    • Location of the laundry
    • Number and size of gardens
    • Who cleaned the house before the accident
    • Who cleans the house after the accident
    • Details about any limitations in housekeeping and home maintenance

    Your Injuries

    • Head to toe, identify all the body parts that were hurt in the accident
    • Details about the prognosis of each injury
    • Details about how each injury has improved or not since the accident
    • Details about what medical professionals have said about the injuries
    • Any planned surgeries
    • Details of any psychological / emotional injuries
    • Steps you have taken to get better
    • All therapies under taken
    • Medications since the accident
    • Specialists seen since the accident and what they have said
    • Description of the pain experienced since the accident

     The Accident

    • Details about the vehicle you were in / bike you were on
    • Where were you going?
    • What route did you take?
    • Were you familiar with the route?
    • Were you distracted in the vehicle?
    • Were you wearing your seatbelt?
    • When did you first see the other vehicle?
    • What did you see?
    • What did you do?
    • What part of your body made contact with the inside of the car, if any?
    • Did you hit your head?
    • How far did your car move at impact?
    • Speed at impact?
    • Details about lighting, weather, visibility, road condition
    • Damage to the vehicles
    • Statements given to police
    • On site first aid received

    Loss of Income / Loss of Competitive Advantage

    • Details about your employment history over past 10 years
    • Job at the time of the accident, including duties, physical requirements, salary, benefits, performance review, raise history
    • Time lost from work after the accident
    • Details of return to work
    • Description of any current limitations at work

    While this is not a comprehensive list, being able to answer these questions confidently and accurately will take you a long way in your discovery preparation.

    For more information about the steps in a personal injury law suit, contact a personal injury lawyer at Auger Hollingsworth at 613 233-4529.

    Ottawa Injury Lawyer: Understanding the Glasgow Coma Scale

    Ottawa Injury Lawyer: Understanding the Glasgow Coma Scale

    If you or someone you know has been diagnosed with Traumatic Brain Injury (TBI) in Ottawa, you may have heard of the Glasgow Coma Scale (GCS), which is a system used by doctors to evaluate and diagnose the symptoms associated with TBI.

     

    GCS: An Overview

    GCS is a 15-point scale that helps doctors determine the severity of a patient’s brain injury.

     

    Patients are evaluated in the following categories:

     

    1. Motor Response: Scores range from 1 (no motor response) to 6 (obeys commands fully)
    2. Verbal Response: Scores range from 1 (no verbal response) to 5 (alert, coherent, and oriented)
    3. Eye Opening Response: Scores range from 1 (no eye opening) to 4 (eyes opening spontaneously)

     

    Interpreting GCS Results

    The patient’s three scores are added up, and the final score helps to diagnose the injury.

     

    Generally, the scores can be classified as follows:

    13 to 15: Mild brain injury

    9 to 12: Moderate brain injury

    3 to 8: Severe brain injury

     

    Many medical practitioners consider 8 to be the critical score, meaning that patients with a score less than or equal to 8 are often in a coma.

     

    TBI Symptoms: Mild vs. Severe

    A patient who receives a GCS score of 13 to 15 is typically diagnosed with a mild brain injury. Their symptoms, however, can still last one year or more and have a serious impact.

     

    Common symptoms of mild TBI include:

    –   Fatigue

    –   Headaches

    –   Memory loss

    –   Dizziness or lack of balance

    –   Inability to concentrate or pay attention

    –   Seizures

    –   Mood changes, including irritability or feelings of depression

     

    Patients who score less than 13 on the Glasgow Coma Scale are typically diagnosed with a moderate to severe brain injury. The symptoms of moderate or severe TBI are wide-ranging and can affect all areas of a patient’s life.

     

    These symptoms may include:

    –   Difficulties speaking, concentrating, or remembering

    –   Loss of vision or blurred vision

    –   Loss of hearing or ringing in the ears

    –   Seizures

    –   Paralysis

    –   Chronic pain

    –   Sleep disorders

    –   Changes in appetite

    –   Emotional difficulties, including irritability, depression, aggression, or lack of awareness

     

    Treatment and Recovery

    GCS is an important tool in accurately diagnosing traumatic brain injury. Once the patient’s injury has been classified as mild, moderate, or severe, a proper course of treatment can prescribed. If you or someone you know has suffered from TBI as a result of an accident, be sure to consult an injury lawyer as part of your recovery process. A good injury lawyer can help you understand and settle the legal aspects of your injury.

     

    To speak with an Ottawa personal injury lawyer at Auger Hollingsworth, please call us at 613-860-4529, email us at info@personalinjuryottawa.ca, or use our contact form.

    Ottawa Injury Lawyer: Preventing Traumatic Brain Injury

    Traumatic brain injury (TBI) is a serious injury, typically caused by a severe blow to the head. TBI has many different symptoms and can cause a wide variety of problems and disabilities for those affected.

    While TBI cannot always be completely cured, and while the recovery process can be long and challenging, there are some important prevention methods that everyone should be aware of.

     

    TBI: Common Causes

    Traumatic brain injury can be caused by a wide variety of incidents. Some of the most common causes include the following:

     

    –   Car accidents

    –   Other transportation accidents, including bicycles and motorcycles

    –   Slips and falls, including falling down stairs, falling out of bed, or slipping in the bath

    –   Sports-related injuries, particularly involving high-impact sports like football, boxing, or skateboarding

    –   Work-related injuries, often caused by working with unsafe equipment or on unsafe surfaces

     

    Preventing TBI

    While some incidents of TBI are nearly impossible to prepare for or avoid, there are some basic methods of prevention that can help individuals avoid serious injury.

     

    Here are some simple things everyone can do to help prevent TBI:

    –   Always wear a seatbelt when riding in a car or other vehicle

    –   Never drive while under the influence of alcohol or drugs

    –   Follow speed limits and take proper precautions while driving

    –   Make sure that children are properly restrained in a car seat or booster seat while riding in a vehicle

    –   Always wear a helmet when riding a bicycle or motorcycle

    –   Always wear a helmet and proper protective equipment when participating in any kind of contact or extreme sports (including activities like skiing or skateboarding)

    –   Hold onto railings when walking up or down stairways

    –   Ensure there is adequate lighting when walking up or down stairways

    –   Do not stand or sit on unsafe or unbalanced surfaces

    –   Always be aware of your surroundings, and always use common sense

     

    Unfortunately, even if you do everything right, accidents do happen and injuries like TBI cannot always be prevented. If you or someone you know has been affected by a traumatic brain injury as a result of an accident, be sure to contact an injury lawyer, who can help you navigate any complicated legal implications of your situation. A good injury lawyer will help ease some of the stress associated with a complex injury like TBI.

     

    To speak with an Ottawa personal injury lawyer at Auger Hollingsworth, please call us at 613-860-4529, email us at info@personalinjuryottawa.ca, or use our contact form.

    Facebook and Your Ottawa Accident Case

    Can information on Facebook be used in your Ontario personal injury case?

     

    There has been some recent discussion surrounding the use of an individual’s Facebook page during Ontario personal injury litigation.  The question is whether or not an injured person’s Facebook page is relevant to litigation and if it should be disclosed.  The old Rules of Civil Procedure required that information pass a “semblance of relevance” test which was quite a low standard.  Under these rules, almost any information could be considered relevant, including any and all information on an individual’s Facebook page.  Because most personal injury cases involve discussions about the injured person’s ability to enjoy life and engage in social activity, one’s Facebook page arguably becomes relevant.

     

    The new Rules of Civil Procedure, which are effective as of January 2010, hold a slightly higher standard of relevance.  One judge commented that the semblance of relevance test was too broad and loose and not necessary.  Although this change has been made, it is not clear how it applies to requiring the disclosure of information from Facebook.  It will likely be decided on a case by case basis until a more specific rule is created regarding Facebook and other social media websites.

     

    Because of the uncertainty of whether or not information on an injured person’s Facebook page will be used in litigation, many lawyers are telling their clients to either stop using Facebook or to at least be aware that whatever they write or whatever pictures or videos they post, may be used in court.  Lawyers are also advising their clients to place stricter privacy settings on their accounts so that the general public can’t access their information.

    The question of whether or not information from Facebook should be disclosed in court is a difficult one.  As technology and new forms of communication continue to arise, the law and the courts are going to have to reassess some of the ways in which litigation is carried out.  Whatever the final decision on the Facebook issue, hopefully it will be in the injured person’s best interest.

    In the mean time, assume that every single thing you post on Facebook (or Twitter) will be seen by the insurance company, even under privacy settings.

     

     

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