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

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

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

What Legal Rights Do the Injured Passengers Have?

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

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

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

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

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

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

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

Next Step After the Winchester CarAccident

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

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

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

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

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

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

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

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

What are your options after a serious car accident?

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

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

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

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

 What Happens when Weather Causes an Accident?

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

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

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

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

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

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

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

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

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

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

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

How do I obtain a motor vehicle accident report?

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

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

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

Here are four easy steps to help you get a fair medical assessment by doctors hired by an insurance company in your Ottawa accident case.

• Be very clear during the medical assessment about what your pain is in terms of how you describe it to the medical assessor. Use words like sharp, throbbing, dull, aching, constant, intermittent etc.  Think about how you are going to explain what aggravates your pain and what soothes it.  Organizing your thoughts and how you will express yourself before the examination is important.
• Relatedly, if you are used to being asked to rate your pain on the pain scale (i.e. out of 10), try to be consistent from assessment to assessment.

• Respond truthfully to all questions.  Do not deny prior injuries, prior accidents or past psychological treatment.  If you were having stress at work before the accident, it is likely documented somewhere.  Concealing it if asked will only look like you are being untruthful.

• Email your Ottawa accident lawyer immediately after the assessment to describe the  actual physical examination, including how long it took.  If there are any questions that strike you as odd, mention that to your lawyer as well.

• Keep in mind that the medical assessor or his / her staff will watch you  out the window before the appointment.  They will watch you in the waiting room.  They will compare how you are in the parking lot and waiting room to how you are during the examination to try to detect symptom magnification.  A classic sentence in a medical assessment report describes how the plaintiff’s movements were “guarded” in the assessment room, but that the plaintiff moved freely in the waiting room. That is insurance company “code” for: this plaintiff is exagerating.

Apart from these pointers, every assessment is different so it is hard to predict how it will unfold.  Being truthful but not minimizing for symptoms are the key to success.

If you have a serious motor vehicle accident case and would like to discuss your case with a lawyer, call the personal injury lawyers at Auger Hollingsworth.  613 860-4529.  We will visit you at home or in the hospital.  We offer phone consultations as well.

Last week the Ottawa Citizen ran an article about staged auto accidents.  A staged car accident is one where one vehicle intentionally creats a car accident in the hope of defrauding one or more insurance companies.   The article describes a typical scenario where the defrauding vehicle waves an innocent vehicle into traffic and then intentionally strikes the innocent vehicle, making it appear to be at fault.   Sometimes a rehabilitation clinic is involved in the scam.

While staged car accidents are not a serious problem in Ottawa, they are elsewhere in Ontario.  In particular Toronto faces serious issues with this type of insurance fraud.

Are Staged Ottawa Car Accidents a Victimless Crime?

Staged car accidents hurt everyone and are not a victimless crime.  For starters, the driver and passengers in the innocent vehicle may be hurt in the collision.   Even small impact accidents can result in serious injuries if someone has an underlying vulnerability or is sitting in an awkward position at the time of the crash.

Also very important, insurance fraud is used by the insurance industry to justify reducing benefits to everyone and for conducting lengthy and expensive investigations which delay the payment of claims and increase overall claims costs.  Our firm will not represent any one we suspect may be involved in this type of scam.

If you have knowledge of someone staging a car accident in Eastern Ontario, notify the police.  In the long run, eliminating fraud helps us all.

OTTAWA-  The Ottawa intersection of Woodroffe and Medhurst in Ottawa was the scene of a pedestrian accident on December 7, 2012 according to CBC News.

A woman is reported to have slipped before being run over by a Dodge Caravan minivan.  She suffered serious injuries to her legs before emergency services were able to extract her from beneath the vehicle.

Have you suffered an Ottawa Pedestrian Accident?

After an Ottawa pedestrian accident, there are important steps you should take right away to get the help you need and the compensation you deserve.

1.  Get appropriate medical help immediately, and follow up with your medical team regularly.  Many people go to their chiropractor or physiotherapist soon after a pedestrian accident.  While it can be a very good idea to jump start your rehabilitation, make sure you also see a medical doctor, either at the hospital, urgent care centre, your family health clinic or a walk-in clinic.  As your claim progresses, you may be disadvantaged if you have not seen an actual doctor.

2. Contact your own auto insurance company after a pedestrian accident.  This suggestion surprises many pedestrian accident victims.  Your own auto insurer will provide your statutory accident benefit coverage.  This coverage includes income replacement benefits, medical -rehabilitation benefits to pay for medical services not covered by OHIP and certain other specified benefits.  Call your insurance company to get the appropriate application forms.

3.  Meet with a personal injury lawyer for a free consultation.  If you have suffered a serious injury after a pedestrian accident in Ottawa, the personal injury lawyers at Auger Hollingsworth would be pleased to discuss you case.  Find out if you have a claim for damages for pain and suffering, lost wages or other types of losses.  Our accident lawyers can be reached at 613-860-4529.  We can meet you at our convenient west end location which offers free no-hassle parking.

Remember, in most cases, you have two years to begin your law suit.  However, in some situations there are shorter notice periods.  Contact a lawyer today to make sure your rights are protected.

Ottawa police are looking for a  suspect in a hit and run car accident that happened on December 2, 2012 at Wellington and Bay Streets in Centertown.  According to the Ottawa Sun the car accident happened at 10:50 pm.  when a pedestrian was hit.  The pedestrian was taken to hospital.

Witnesses to the Ottawa car pedestrian accident are asked to call the police with any information.

Steps After a Hit and Run Car Accident

If you or a loved one is injured in an accident where the at fault vehicle does not remain at the scene, you may still be able to get compensation for your injuries and assistance with your rehabilitation.  Here are some important steps you can take to protect youself after a hit and run car accident:

1)  Contact the police–>  It is very important that the police attend the scene of the hit and run car accident and document what they see as well as canvass for any witnesses to the accident.  In some situations, it is required to have corroborating evident of the hit and run.  The police investigation may assist you with this.

2) Tell the story to your medical team–>  Make sure the fact of the hit and run car accident makes its way into whatever records are created after your accident, especially the doctor’s records.

3) Notify your own insurance company –>  This can get tricky.  Let your insurance company know that you have been in ahit and run car accident, even if your vehicle was not involved.  This is important for two reasons.

• First, you will be able to apply for accident benefits which provide a no fault medical – rehabilitation benefit to help you with physio and other needs.   The accident benefits also offer an income replacement benefit for qualified accident victims.
• Second, believe it or not, in many hit and run situations you get compensation for your injuries in from your own car liability policy.

4) Contact a personal injury lawyer to help you fight for your entitlement to benefits and compensation following the hit and run car accident.  Remember the initial consultation is always free.

The Ottawa personal injury lawyer at Auger Hollingsworth can be reached at 613 233-4529.

Ottawa-  According to a study by Allstate insurance company, Ottawa is one of the leading cities for car accidents.  Ranking after only Toronto, Milton and Brampton, Ottawa was described as having 6.1 collisions for every 100 vehicles on the road.

You might be tempted to think that weather plays a role in Ottawa’s high number of car accidents.  However,  according to the study, many serious car accidents happen on clear days in our city.

The Allstate spokeswoman reminds motorists that there are simple things you can do to minimize the risk of having a car accident.  She reminds drivers not to follow too closely; not to weave in and out of lanes; to allow enough time to get where you are going and to avoid yelling at your kids in the back seat.

Read more about the study here.

After an Ottawa Car Accident

If you are unluck enough to end up in an Ottawa car accident, there are steps you should take immediately.

• First, you should ensure you are safe and out of harm’s way
• Second, make sure you get appropropriate medical attention immediately
• Third, call the police.  Remember that if the physical damage to your car is over $1000 or if there are any injuries, the police should attend your accident
• Fourth, you should report your car accident to your own car insurance company and request accident benefit forms
• Fifth, you should consult an experienced Ottawa personal injury lawyer.

The lawyers at Auger Hollingsworth PC meet and help car accident victims every single day.  We have obtained millions of dollars in compensation for our clients.

Auger Hollingsworth is conveniently located on Woodroffe Avenue, just south of Meadowlands.  No dealing with difficult downtown traffic.   We have free parking and are fully wheelchair accessible.   If you are not mobile, contact us and we will come to you.  Call our law firm at 613 860-4529.