Auger & Hollingsworth

  • We were able to settle the case out of court due to Brenda's hard work, diligence and patience, for an amount that we're very pleased with. I would certainly recommend Brenda from Auger Hollingsworth. She did a fantastic job for us.

    Jeannie Armstrong, Personal Injury Client
  • Fatal Ontario motor vehicle – cyclist accident near Nipigon.

    July 23, 2013 – A fatal Ontario motor vehicle – cyclist accident near Nipigon, Ontario has claimed the lives of a cycling couple from North Glengarry Township.

    The two cyclists were avid riders.  Starting in Vancouver, they were cycling across Canada with 23 other riders. On July 23rd the pair was hit by a pickup truck driven by a 60-year-old man from Austin, Texas.

    According to news reports, the daughter of the two victims said she spoke to them the night before. They were worried about the upcoming stretch of road due to hills, curves, and overall terrain conditions.  When news of the accident reached home, the daughter thought the accident might have been caused by terrain issues. The pickup driver might not have seeing the couple until it was too late. There could have been a hill or sharp curve in the road that blocked his vision. However, when looking at the stretch of Ontario  Highway where the accident took place, it is completely straight.

    After a fatal Ontario motor vehicle – cyclist accident, what rights do you, the family, have in seeking compensation?

    As the family member of a victim who was killed in a motor vehicle – cyclist accident you can often claim death benefits under SABS. SABS are the statutory accident benefits claims that everyone is entitled to under their own insurance. The death benefits provide compensation to both spouses and dependants while helping cover death and funeral costs.

    Family members may also have a claim (lawsuit) against the at fault driver. However, there are time limitations to file your claim. All time limitations are different, depending on your specific case and situation.  To find out the limitation period for your case, your best option is to call us at 613-860-4529 and set up a free consultation. The personal injury lawyers at our office deal with many cycling accidents and fatal accidents.

     

    Why should I hire an Ontario lawyer who has a focus in personal injury after my Ontario personal injury accident?

    When searching online or in the Yellow Pages for an Ontario lawyer after your Ontario personal injury accident,  a large pool of potential lawyers will be available. However, not all lawyers have a focus on personal injury cases.  The Ottawa personal injury lawyers at Brenda Hollingsworth’s office get asked by many accident victims looking for a lawyer why they should look for an Ontario personal injury lawyer and not a lawyer they know,  or one with a strong reputation in another field of law.

    For a personal answer to this case,  your best option is to call us at 613-860-4529.

    The field of personal injury is complex.   You want a lawyer who has a lot of experience dealing with personal injury cases and who knows the law.   Ontario has the most complex system for motor vehicle accidents due to the blended fault/no-fault system.

    Lianne Laing and Brenda Hollingsworth talk about the importance of hiring a personal injury lawyer for personal injury cases on CTV Morning Live. Watch as Brenda Hollingsworth also answers a viewer’s question about lawyers who say you do not have a case.  Brenda explains why you need to make sure the lawyer you are talking to is a personal injury lawyer who handles a range of personal injury cases.

    The Ottawa personal injury lawyers at Brenda Hollingsworth’s office focus exclusively on personal injury and know the best professionals to use to support your case. Every doctor, insurance company, and therapist is different and you want a lawyer that knows which ones will support your case in the most effective way and which ones can be more challenging to work with.

    If you have suffered an Ontario motor vehicle accident or slip and fall accident call Brenda Hollingsworth Personal Injury Lawyers for a free consultation at 613-860-4529.

    As a cyclist, how am I compensated for my bicycle loss in a motor vehicle-cyclist accident?

    As a cycling and fitness enthusiast I know all too well how much a well-maintained bike can cost annually, especially if it is used as a main mode of transportation.

    A  common question is, “ In the event of a motor vehicle – cyclist accident can I claim the expense of my bike if it a complete write off?”

    This was a topic question I was asked on CTV’s Ask The Expert. When it comes to bicycle claims it is a tricky area and your best bet is to contact an Ottawa Personal Injury Lawyer. There are a lot of small details and fine print that a lawyer can sort through the average person does not have time for.

    A good resource to start with is our Compensation After An Ottawa Bike Accident article. You can also read our article 5 Factors That Affect The Value Of Your Ontario Accident Case and our book Spinning Out Of Control.

    If you are a cyclist and have been in an accident involving a motor vehicle you can contact Brenda Hollingsworth to have her help explain your rights and tell you if you have a claim.  Not only can you get advice on the status of your bike that has been damaged, you can receive advice on personal injuries you may have obtained and the steps to take to ensure those are correctly handled.

    You can contact Brenda at her office number 613-860-4529.

    Coroner Releases Report on Ontario Bicycle Accident Deaths

    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.

    Do you need a lawyer after a bicycle accident in Ontario?

    If you have been injured in an Ontario bicycle accident, you may want to consider hiring legal representation.  In many instances, injured cyclists are able to file a claim for the injuries they sustained in a bicycle-motor vehicle accident.  Filing a claim can be complicated so having the right lawyer can be a real help to your case.  Before you go through with filing a claim for your injuries, there are a few things you should know.  Having some basic knowledge of the process of filing a claim will help you know how to proceed with your case.

     

    One of the things you should be aware of is that there is a designated time period where you can file a claim.  This is called the statute of limitations and it can vary depending on the circumstances of your particular case.  It is important to be aware of the statue of limitations that applies in your case because if it expires, you may not be able to pursue any legal action against the responsible party.  In order to find out the statute of limitations that applies in your case you should speak with a personal injury lawyer.

     

    If you are looking to file a claim, you may be wondering from whom you might be able to receive compensation.  If in your accident, the driver of a motor vehicle was at fault, you can receive compensation from them and their insurance companies.  Contrary to what many people may think, you can bring forward a claim even if your accident did not involve a motor vehicle.  Many cycling accidents are caused by things other than motor vehicles and in some instances, individuals can file suit and receive compensation.  For example, if your injuries are due to a bicycle malfunction you may be able to receive compensation from the manufacturer or retailer of your bicycle.  Or, if your injuries are caused by unsafe roads or paths that the province or city is responsible for, you may be able to claim damages from them.

     

    In order to understand how these issues apply to your particular case, contact a personal injury lawyer.  While this basic knowledge can help you understand the process of filing a claim a little better, nothing can replace one-on-one conversations with an experienced lawyer such as those at Auger Hollingsworth.

    Spinal Cord Injury After an Ontario Bicycle Accident

    One of the most serious injuries an Ottawa cyclist can sustain is spinal cord injury.  Like head trauma, damage to the spinal cord is severe and can certainly be life-altering.  Because the spinal cord is responsible for transmitting signals from the brain to the body, and vice-versa, damage to the spinal cord can have very serious and lasting effects on an individual’s health and their ability to function.  The most severe consequences of spinal cord injury involve permanent disability or paralysis of part of the body or the entire body.  The extent of the injury depends upon the location of the damage to the spinal cord. 

    Some of the Symptoms of Spinal Cord Injury

    A variety of symptoms accompany a spinal cord injury.  Some of the symptoms include numbness, loss of feeling, and loss of motor function in the area below the injury.  Because the spinal cord controls all of the nerves in a person’s’ body, the symptoms of spinal cord injuries usually have to do with sensation and movement of parts of the body near the site of injury.  The severity of these symptoms varies depending on the extent of the damage done to particular nerves.  It is possible to regain sensation or movement in areas that were once affected by nerve damage, but this is never a guarantee.

    Ottawa Spinal Cord Injuries May Require Rehabilitation 

    Individuals who suffer from spinal cord injury are often hospitalized and require intense medical treatment.  This often placed a burden on themselves and their friends and family.  It can be difficult emotionally and financially.  Because of the severity of the injuries, treatment for spinal cord injuries can take a long time and there are often recurring bouts of treatment, rehabilitation and other medical appointments.

    Can A Personal Injury Lawyer Help? 

    For these reasons, a personal injury lawyer can be very beneficial in this kind of situation.  It is important to enlist the help of a personal injury lawyer who can help you receive compensation for your injuries.  If you or a loved one has suffered a spinal cord injury, contact the personal injury lawyers at Auger Hollingsworth.  Call us at 613 233-4529 or use the contact form on the site. 

    Compensation after an Ottawa bike accident

    If you have recently been injured in an Ottawa bicycle accident, you may be wondering what kinds of compensation you may be entitled to.  Many people believe that the only compensation you can receive is monetary reimbursement for medical expenses.  This is in fact, not the case.  There are a number of other kinds of damages for which you can make a claim and receive compensation.  The following will briefly describe some types of compensation that victims of bicycle accidents may be entitled to.

     There may be compensation for medical expenses after a bike accident

    The first and perhaps more well-known kind of compensation is for medical expenses.  While many medical treatments are covered by OHIP some are not.  For example, physiotherapy and massage therapy are often recommend for people who have sustained injuries, but they are not covered by OHIP.  In addition, prescriptions, ambulance bills, and some medical equipment are not covered by OHIP either.  Some people may be covered by insurance provided through their employer, but even if that is the case, it may not cover 100% of your expenses.  All this being said, if you are seriously injured in an accident, do not hesitate to check yourself into a hospital for medical attention.  Don’t let the fear of medical expenses deter you from receiving the medical help you need.  Just make sure to keep a complete record of your medical expenses so that you are ready with any records you may need if you decide to file a lawsuit.

     Sometimes there is compensation available for lost wages

    Another kind of compensation is for wage and income loss.  This kind of compensation can vary depending on the extent of your injuries and the impact they have on your ability to work.  For example, if your injuries prevent you from working for more than one week, you will be entitled to be reimbursed for your lost wages up to a pre-determined amount per week.  On the other hand, if your injuries render you unable to work at your existing job or if you have to find work in a different field where you will be paid less, you may be able to claim damages due to the reduction in future earning capacity.  This can include compensation for salary as well as for any bonuses, commissions and health benefits you may have received.

    Compensation for Pain and Suffering After a Bike Accident in Ontario

     If your injuries are so severe that you have suffered permanent scarring or other kind of disfigurement, you may be entitled to compensation.  Severe disfigurement, particularly in children, can lead to lasting emotional and psychological damage.  These kinds of damages are often taken into consideration in determining compensation.

     Lastly, you may also be able to receive compensation for pain and suffering.  This includes physical as well as psychological and emotional suffering.  In order to receive this kind of compensation your injuries need to meet certain criteria, or a legal “threshold”.  A personal injury lawyer will be able to assess your case and tell you if you meet the necessary criteria.

    Next Step?

    Contact an experienced personal injury lawyer to see if you have a case for any of the compensation outlined.  Call Auger Hollingsworth at 613 233-4529.

    Should I hire a personal injury lawyer for my Ontario bicycle accident case?


    Some Ottawa bicycle accidents are minor, resulting in a few scrapes and bruises.  In these cases, there is generally no reason to pursue legal action.  However, if your injuries are serious and have the potential to cost you thousands of dollars, you should seriously think about hiring a personal injury lawyer.  It can be difficult and overwhelming to handle your case on your own.  There is a lot of legal jargon involved and the process can be confusing to those who are not familiar with the legal system.  Insurance companies can also be difficult to deal with so working with someone who has experience in dealing with insurance companies can be very useful.

     

    Without knowing the specific details of your particular case, it is impossible to say if you need a lawyer or not.  That being said, there are a few things you can consider about the benefits of hiring a personal injury lawyer to handle your case.

     

    The personal injury lawyers at Auger Hollingsworth provide a wide array of services for their clients.  We conduct an initial interview to learn the details of the claim and to educate the client about the process of filing a suit.  We also gather all necessary records, documents such as medical and police report, as well as witness statements to support the claim.  We also help our clients locate the resources that can help them with their recovery, such as local, provincial and federal assistance programs.

     

    One of the most difficult parts of the process can be conversations with the insurance adjuster.  We conduct negotiations with the insurance company so that our clients don’t have to.  In the event that the case goes to trial, we full prepare everything we will need for court and prepare our client for the process of going to trial.  Depending on the nature of the case, we often hire experts who can support our claim.

     

    This is what we generally offer all of our clients, but the details of your case determine the exact nature of the services we will provide for you.  Because every bicycle accident case is different, we tailor our services to the particular needs of each claim.  Also, it is good for you to know the kinds of things that a personal injury lawyer should do for you, as you look into hiring the lawyer who is right for you.  Make sure that you hire a lawyer who is experienced in the field of personal injury and who has achieved positive results for clients in the past.

    What you need to know about Ontario bicycle laws

    ONTARIO ACCIDENT LAWYER – If you have recent been in an Ontario bicycle accident, you likely have many questions about where to go from here.  You may be asking yourself, “who is at fault for the accident?”, “which laws apply to my situation?”, “how do I go about seeking legal help?”  The laws regarding bicycles and bicycle accidents in Ontario come from a few different sources and it can be difficult for an individual to understand the legal issues of their particular situation.  We want to help you understand bicycle laws and avoid making the mistakes of either assuming you have no legal case, or hiring a lawyer without much thought because you want to quickly pursue legal action.  The following will go over the basics of bicycle law in order to help you become informed.  While this does not replace personal legal advice, it is a good place to start.Ottawa Bike Accident Book

    A variety of legislation regulates the laws regarding bicycles and cyclists in Ottawa.  Municipal bylaws such as the Highway Traffic Act, as well as the City of Ottawa Traffic and Parking Bylaws and the National Capital Commission Traffic and Property Regulations all contain provisions regarding bicycles and cyclists.  Also in some circumstances, certain sections of the Criminal Code of Canada can apply to cyclists.

    All of these sources make one thing clear: bicycles are considered vehicles in Ontario.  This means that they are subject to the same Ontario traffic laws as motor vehicles.  You likely already know most of the traffic laws that motor vehicles have to obey but it is an altogether different thing to know how to follow these laws while on a bicycle.  When cycling, remember that you are considered a vehicle and make sure that you obey all of the traffic laws (for example, stopping at a stop sign, signalling when turning, riding in the appropriate lane, shoulder checks, etc.)

    If you are a cyclist, it would be a good idea to familiarize yourself with the laws that govern bicycles and cyclists.  You can find the legislation mentioned above at the following website: www.elaws.gov.on.ca.  You can get an overview of most applicable laws in our new book, Spinning Out of Control.  Take a few moments to look at the laws about cyclists so that you can be better equipped to ride safely.  And if you do get into an accident while cycling, you will already have an idea about the legal issues that might be at play in your case. 

    For more information about the legal issues of your particular case, contact the personal injury lawyers at Auger Hollingsworth for a free consultation.  You can reach us at 613 233-4529.

     

    Ottawa Car Accident: St. Laurent and Conroy

    OTTAWA- A man was sent to hospital in serious but stable condition after a motor vehicle accident at the intersection of St Laurent Blvd. and Conroy Road on Thursday afternoon.

    Crews were called to the intersection just before 5 p.m on Thursday, June 2, 2011.

    The collision involved an SUV and a minivan.  The driver of the minivan was treated for a number of injuries.  The driver of the SUV was reportedly uninjured.

    Also of significant concern, a  female cyclist who was travelling close to the intersection at the time of the collision was struck by one of the vehicles and suffered a fractured wrist and abrasions.

    For free information on what to do after a serious motor vehicle accident or bicycle accident, order Auger Hollingsworth’s free consumer guides.  There is no obligation whatsoever and no-one will contact you unless you request contact.


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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.
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