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.

 Finding an Ottawa personal injury lawyer in the wake of your Ontario car accident can be a daunting task. After all, putting the outcome of your personal injury case in someone else’s hands requires a lot of trust and faith that the result will be in your best interest. Still, anyone considering handling their case on their own should give serious thought to the benefits a seasoned lawyer can provide before, during and after their personal injury case.

Compensation

An experienced lawyer knows all the when, what’s and how much’s involved in determining how you should be compensated for your injury. Timing is important, as even though you may be under financial strain, settling your case too soon may result in a settlement  not in your favor. Seemingly minor injuries can become major, treatment options can change and long-term effects may not show up until some time has passed. In the meantime, pressure from your insurance company and bill collectors can make you feel obligated to settle before it is time. A personal injury lawyer can tell you when it is time to settle, how much you’re reasonably entitled to and who owes you for your time and trouble.

Having an Advocate

If you are considering hiring an Ottawa personal injury lawyer, chances are you’re suffering from physical, psychological or emotional injuries that interfere with your ability to function on a day-to-day basis as you normally do. Dealing with the many people involved with an accident claim can be confusing and exhausting when healthy, let alone while you’re trying to recover. Hiring a personal injury lawyer means they will field the calls and coordinate communication between medical providers, insurance companies, etc., so you won’t have to. At a time when you can feel very alone, a lawyer can be your support system.

Experience is Crucial

Hopefully, you will only be in one accident in your lifetime, whereas personal injury lawyers have seen dozens if not hundreds of similar cases through from the very beginning to a favorable end. They know what to reasonably expect in terms of compensation, what evidence a court will expect in order to prove your case and can prevent you from making medical, personal or legal mistakes that could drastically affect the outcome of your case.

They Don’t Get Paid Unless You Do

If you’re concerned about paying attorneys fees, consider that most personal injury lawyers work on contingency, meaning they don’t get paid unless they recover damages for you. Even then, most lawyers have contracts that entitle them to only 30-33% of the total financial reward. In addition, statistics show that the average increase in financial compensation awarded in cases where the victim has hired a lawyer more than covers the fee that lawyer will charge. The bottom line? Hiring a lawyer is a low risk decision, and the compensation they will get you more than justifies the fees you’ll pay out.

If you are considering hiring a lawyer for your personal injury case, contact the experienced personal injury lawyers at Auger Hollingsworth to schedule a free consultation.  We will provide you with the information you need to make a decision about the representation right for you.  Call our law firm today 613 233-4529.

The Ottawa Citizen is reporting that a two-vehicle collision in Orleans, Ontario injured three women in their twenties on August 11, 2012 in the afternoon.  Air bags deployed in both vehicles and there was significant damage to both vehicles.

The door of one of the vehicles was removed by firefighters in order to grant access to paramedics access to a 24-year-old woman.  She appears to have suffered a head injury as well as a possible fractured pelvis.

In a second vehicle, a 26 year old woman suffered a fractured collar bone.  A 27-year-old woman had shoulder and neck pain.

The collision ocurred at 2:30 p.m. at St. Joseph Boulevard and Old Tenth Line Road.  Our law office office has dealt with motor vehicle accidents at this location.  Visibility and an unusual lane pattern may contribute to accidents at this dangerous intersection.

This intersection sees many accidents.

News reports on Saturday suggest that the Ottawa Police Service is planning to reduce its attendance at motor vehicle accident scenes in order to reduce police costs in this area.  The plan is, apparently, to have people attend a collision reporting centre.

If this plan solidifies, it will be of vital importance that accident victims be very careful to document the location of the vehicles and how the accident happened with cameras and witness statements.  Currently, there is often little dispute about liability (who is at fault for the accident) because the police document what occurred, speak to by standers and generally invetigate the scene as required.  Without police attendance, there will be a lot more reliance on the honour system.

Remember that if you are injured after a motor vehicle accident, you can still call the police, even if the injuries are or seem to be “minor”.  What seems minor at the time, may become much worse over the hours or days that follow.

We believe that injured accidence victims will lose out on fair compensation if the police are not called to the scene.

For more information about your rights after a motor vehicle accident in Ottawa, call us at 613 233-4529.

The Coroner released a report on Ontario bicycle accident deaths from 2006 to 2010.    In particular, the report reviews 129 bicycle deaths during this time period.

In addition,   the report notes that “in 2009, over 26,000 people in Ontario visited an Emergency Department for treatment of an injury sustained while cycling. Undoubtedly, countless more were injured but did not require medical treatment. Each of these injuries represents a potential fatality – an incident where, had the situation unfolded slightly differently, a death might have occurred.”

These numbers are staggering,  but not surprising given what we see in our practice.  Here are some of the fascinating conclusions the Coroner’s office drew from rthe eview, along with our comments:

• 86% (111 of 129) of those killed while cycling were male.  This was surprising only because in our practice the number of female cyclists injured is approximately equal to the number of male cyclists.
• Approximately two-thirds (84 of 129; 65%), of fatal cycling collisions took place in an urban environment, with the other one-third (45 of 129; 35%) occurring in a rural setting.  I suspect this is because serious accidents are more likely at a traffic intersection.
• The peak age for cycling deaths was 45-54 years; over half of cycling fatalities (66 of 129; 51%) occurred in persons aged 45 and older.  This is different than what we see.  Most of our cycling clients are in their 30′s.
• Children represented a smaller, but significant, portion of cycling deaths. A total of 19 deaths (15%) occurred in those aged 19 and under; 8 of those (6%) were in children aged 14 or under.  When we have had children injured in a bike accident, their lack of understanding of traffic and traffic signs has often been a factor.
• Numbers of cycling fatalities in Ontario declined each year from 2006 (41) to 2009 (14), but rose again (to 25) in 2010. We found 2010 to be a high cycling accident year as well.
• The peak months for cycling fatalities were July, August and September (46%).  When we look at all of the motor vehicle accidents in our practice, not just bicycle accidents, we find that August is the month when the most accidents took place.
• A total of 96 of the 129 deaths (74%) occurred in the Spring and Summer months.
• The vast majority of cycling deaths occurred during clear weather, on dry roads, with good visibility.
• More than half (69 of 129; 53%), of the fatal cycling collisions occurred in daylight conditions.  Given that people are less likely to cycle at night, we think it is pretty scary that almost half of the collisions happened at night.
• The peak time for fatal collisions (25 of 129; 19%) occurred between 8:00 pm and 10:00 pm.
• Only 27% (35 of 129) of those who died as the result of a cycling collision were wearing a helmet. Despite mandatory legislation, only 44% (7 of 16) of cyclists under the age of 18 who died were wearing a helmet. Those cyclists whose cause of death included a head injury were three times less likely to be wearing a helmet than those who died of other types of injuries.  We know it is controversial but we support mandatory helmet laws.  We still think you should be compensated for someone else’s negligence if you are not wearing one…
• In cases where the type of cycling activity was known, 63% of fatal collisions occurred during recreational activities, and 31% during commuting. The balance represented sport cycling activities, either solo or in a group setting.
• In 44 cases, contributing factors on the part of the cyclist alone were identified. In 33 cases, contributing factors on the part of the driver of a vehicle alone were identified. In 48 cases, contributing factors were identified on the part of both the cyclist and the driver. In three cases, the circumstances of the collision were unclear.  Remember that even in cases where the cyclist was partially at fault, an injured cyclist or the family of a cyclist who has died could make a claim for compensation.

To read more about the report, check it out here.

If you are looking for information after a serious cycling accident, contact the Ottawa personal injury lawyers at 613 233-4529.  We will give you free, no obligation information to help you understand your rights after a bicycle accident in Ontario.

I was injured in an Ottawa accident where I was driving without proper insurance on my car.  Can I sue?

Even if you did not cause the Ottawa car accident, you cannot usually advance a claim or sue the at-fault party if you were knowingly driving without insurance.   Whether or not you were “knowingly” without insurance is something you should discuss with a personal injury lawyer if you have suffered serious injuries.

However, you may still be entitled to accident benefits, medical, rehabilitation and attendant care benefits.

If you suffered serious injuries and had no insurance, request a personal injury consultation by calling 613 233-4529.

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.

Of all the possible accidents, the hit and run accident is often the one that grabs the most headlines and attention.  Society tends to accept that motorcycle accidents do happen but, not taking proper measures and responsibility when you have been involved in a motorcycle accident is seen as a slap in the face to our moral conventions.  Not only is it a criminal offence in Ontario to flee the scene of an accident, it also puts an added, unneeded strain on the victims of the accident, who often have enough to deal with financially, physically and emotionally.

If you have been involved or injured in a motorcycle collision and a victim of a hit and run, it presents some major challenges.  Often you are dealing with serious injuries and health issues, which should always be the number one priority of any accident victim.  In addition to this there is the added burden of trying to remember what happened and providing details to help apprehend the hit and run offender.  If at all possible, do your best to remember as much about the accident and the vehicle that caused this accident as possible.  Sometimes the smallest detail can be the most important.  If your injuries do not permit you to remember, do not worry.  The Ottawa Police and OPP, as well as crime scene investigators will use witnesses and evidence left at the scene to find and bring to justice this criminal offender.

It is important to remember that you are a victim of a crime.  As soon as possible you or someone you trust should contact a qualified personal injury lawyer to understand your rights and start working towards the compensation you are entitled to.  The person responsible for your accident could be held liable for any and all of the following.

• Medical bills and expenses
• Loss of personal income (both time and wages)
• Therapy and continuing treatment
• Pain and suffering
• Psychological damage

If you or a loved one has been involved in a hit and run motorcycle accident in Ottawa or within

Ontario it is important to know your rights.  Please check out the following website http://www.personalinjuryottawa.ca/ or contact the personal injury lawyers of Auger Hollingsworth at  613 233-4529 for a free, professional legal consultation.

It is widely accepted that seat belts can help prevent or reduce injury in the event of a car accident. Further, wearing a seat belt while driving or riding in a vehicle is mandatory across Canada, and failing to do so is considered a punishable offence. Consequently, there are some important facts to be aware of if you are ever involved a car accident and you are not wearing your seat belt.

What is Contributory Negligence?

“Contributory negligence” is a term that is often associated with personal injury claims. Essentially, it means that the injured party is in some way responsible for their own injuries due to negligence.

For example, a pedestrian who is struck by a car while crossing the street may be found to be partially at fault for his own injuries if he did not check the traffic before attempting to cross the road.

In many personal injury cases, a court may decide that the person making the claim has in some way contributed to their own injuries, and adjust the amount of the claim accordingly. For example, if someone is making a claim worth $100 000, but it is determined that contributory negligence is 25%, the claimant would only be entitled to receive $75 000 instead of the full amount.

Determining Liability

It is fair to assume that when someone is in a car accident and not wearing their seat belt, contributory negligence may come into play. That is, the court may determine that if the injured party had been wearing a seat belt, their injuries likely would have been lessened or prevented.

The question then becomes: to what degree is the injured party responsible for their own injuries due to negligence?

The Ontario Court of Appeal has provided some standard guidelines that can help answer this question. They have determined that the range for contributory negligence in these cases should be from 0 to 25 per cent.

Therefore, depending on the extent to which a jury believes a claimant’s injuries could have been prevented by wearing a seat belt, they can determine the contributory negligence to be as high as 25 per cent. The claimant’s overall damages could then be reduced by as much as 25 per cent.  The 25 per cent is not mandatory.  It could be a lesser percentage.

If you or someone you know has been in an Ottawa accident where you were not wearing a seat belt, you should consult a personal injury lawyer, who can further help you understand the legal implications of your accident.

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.

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.