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.

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:

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.

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.

OTTAWA- On February 2, 2012, an Ottawa cyclist was hit by a car driven by, what some witnesses claim was, a drunk driver.  The 31 year old cyclist was riding in Ottawa on Carling Avenue near Archibald St. when he was struck.  He was rushed to hospital with critical head injuries, according to paramedics who were on the scene.  Police are investigating and charges are pending.

Police responded to a call from employees of the LCBO in Ottawa’s Hampton Park Plaza who refused to serve the driver as he appeared heavily intoxicated.  They then notified police when they saw him getting behind the wheel of his car.

Ottawa has seen its share of car-bicycle related accidents the last few years and this latest incident is a reminder of how quickly tragedy can occur to the more vulnerable commuters who share our streets like bicycles and motorcycles.  While it is up to police and all drivers to help maintain safety on the road, if provides little comfort when that safety fails.  Legal action is often the strongest recourse.

The young man who was struck this afternoon and his family will need to contact a professional, qualified personal injury lawyer.  They will need to deal with injury compensation and claims benefits for injuries and work loss amongst many other legal issues.  While secondary to health and recovery, it is a crucial form of financial recovery, compensation and justice for such accidents.

With each tragedy comes the hope that something good will come from our education.  This latest incident inOttawawill once again open a number of issues:  The prevention of drinking and driving and reviewing increased penalties, the safety of all cyclists and the need for more bike lanes and the importance of legal representation, compensation and resources for the victims.

Let us hope this latest incident can provide all of us with some insight on these important issues in hopes of preventing and helping victims in the future. If you or a loved one has suffered a cycling injury, contact the personal injury lawyers at Auger Hollingsworth for a free no charge consultation.  Call us at 613 233-4529.

While the legal process can be overwhelming and challenging for someone who has recently suffered a personal injury, it should be comforting to know that there are a few things you can do to make your experience more positive.

No one really wants to face all that pursuing a personal injury claim entails, but having the right Ontario injury lawyer will greatly help you navigate the complicated legal process.  One of the most challenging parts of presenting your case is examination for discovery.  If you have been injured in an accident, you will likely have to be a witness at examination for discovery.  This means that you will have to explain your side of the story, answer the insurance company lawyer’s questions in cross-examination, and confront all of the evidence involved in the case.

The Ontario personal injury lawyers at Auger Hollingsworth are committed to helping their clients and other witnesses, such as family members, get through discovery successfully.  The key to doing this is preparation.  A good injury lawyer should prepare all of their witnesses for what discovery will entail.  For the lawyers at Auger Hollingsworth, this is accomplished through up to three meetings.

 During the first meeting, the injured person or their family member is oriented to the process of discovery.  Your lawyer will explain what discovery means, what will happen and what will be required of you.  The Auger Hollingsworth website is full of useful information to help witnesses prepare for discovery and during this meeting, the witness will take home a package of information to look over.  This first meeting is meant to introduce the witness to the process of discovery and to talk about the case in general terms.

 The second meeting is more detailed and involves a dry-run of what the witness will have to say and the kinds of questions they will have to answer.  Your lawyer will focus on examining you on the more difficult points of the case so that you are better prepared.

 The third and final meeting involves a mock cross examination by another lawyer in the office.  This ensures that you are fully prepared to be cross examined.  If this trial run goes well, you should be well-prepared to face any insurance company’s lawyer.  While this process of preparation may sound intense and tiring, it is worth investing the time to prepare for whatever you may face during discovery.

 If you have further questions about discovery and preparing for your case, contact the Ontario personal injury lawyers at Auger Hollingsworth.  Call us at 613 233-4529.