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.

Ottawa Lawyer — While many Ontario accident victims understand that an Ottawa lawyer can help them receive compensation for an injury (for example, a broken leg, fractured wrist, or head trauma) being compensated for a scar may seem less obvious.  Scars are evidence of an injury and commonly occur due to burns, animal scratches or bites, and a variety of injuries due to vehicular accidents.  The severity of a scar depends upon the type of injury sustained by an individual.  While they are a way in which the human body tries to heal itself, they can nonetheless cause physical discomfort and distress.

For example, someone who suffers a serious facial burn in a car accident may be able to receive compensation due to the severity of the scar as well as the impact the scar has on them as they resume their day to day life after the accident.  Such a serious scar or physical disfigurement can cause great emotional stress in addition to the physical pain or irritation.  It can also serve as a constant reminder of the event that caused the injury, preventing the individual from truly moving on after the accident.  However, more minor scars can also be compensable, such as a scar on a leg due to a dog bite or a burn on an arm due to a fallen candle, as long as each situation was the result of someone else’s negligence.

It is possible to receive compensation for a variety of scars.  Several factors are taken into consideration in order to determine if an individual can be compensated and the amount they are entitled to.  These factors include: the size of the scar, the location of the scar, the medical treatments available to heal or reduce the appearance of the scar, the treatments already pursued by the individual, and, as mentioned earlier, the impact the scar has on the individual.  Usually, more serious scars and those that have a greater impact on your life result in higher compensation.  In order to determine the particular circumstances of your case, you will need to contact a personal injury lawyer who can assess your situation.  It is possible that the scar you received in an accident is compensable so even if you are not able to eliminate the scar, you may at least be able to receive some reparation for your suffering.

OTTAWA PERSONAL INJURY LAWYER – An example from yesterday reminds me of how vulnerable most accident victims are when it comes to asserting their rights to accident benefits. We have a seriously injured Ottawa man whose accident took place in the late fall 2008.
He came to see us because he had not received any housekeeping assistance. Little did he know how much he was actually entitled to…
We sorted through his file and determined there were multiple benefits that he had not accessed and we initiated the process. The insurance adjuster, very friendly, writes back and says “Yes, you are entitled to these benefits, but you did not submit receipts so you won’t get them. We look forward to receiving your receipts from now on.”

Excuse me? How does he get receipts for benefits he does not know exist? How does he pay for those benefits with money he has not received?

Most lay people, I believe, would take that answer at face value and give up on four months’ benefits. However, we were able to write a letter citing the case law that told the adjuster that her position was wrong and that she had to pay the back benefits.

The result? A letter OF APOLOGY (yes, you are reading right) from the adjuster indicating that she was not aware of the law on that point and indicating that she was recommending that the insurer make payment.

That issue has two positive offspins: First, the client gets the money which he really needs. Second, and also important, the power balance shifts. Now we have an adjuster who, within the first few weeks of dealing with me, has had to apologize and admit she knows less than I do.

Have you been injured in an Ontario accident? A top personal injury lawyer can help you make a claim for the insurance compensation you need. For more information, contact the Ottawa injury lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 860-4529.

OTTAWA PERSONAL INJURY LAWYER -The long-awaited five year review on car insurance was released today by the Superintendent of FSCO. FSCO is the Financial Services Commission of Ontario, the body that oversees insurance in Ontario.

In the report are 39 recommendations for the reform of auto insurance. The changes are focused mainly on creating savings from statutory accident benefits. Statutory accident benefits are the no-fault benefits available after an accident, regardless of fault. Many people think they are too expensive and too cumbersome.

We are still reading the 5-year review, however, one important recommendations urges the government to consider easing the restrictions on the ability of injured victims to sue the people who caused an accident. The Superintendent suggests:

1. Reducing the deductible on non-pecuniary general damages from $30,000 to $20,000. This is very important! Right now if your damages for pain and suffering are less than $100,000, the insurance company does not have to pay the first $30,000. Talk about a “tax on pain”;

2. Reducing the deductible on Family Law Act claims from $15,000 to $10,000.Also important. If your loved one loses your care and companionship, the insurance company does not have to pay the first $15,000. Given that these awards are very low to begin with, the deductible often wipes the damages out altogether.

3. Eliminating the $15,000 deductible on fatal accident claims; This one should be pretty obvious!

4. Revoking the regulation defining the “Verbal Threshold”. Right now you can only sue if you have a serious and permanent injury The Verbal Threshold are those words “serious” and “permanent”. (The requirement is more complicated than that, but this is a blog post so that will have to do!) A few years ago the government published a regulation that attempted to narrow who could sue by defining “serious and permanent” in a restrictive sense. The regulation was particularly restrictive for injured people who were not in the workforce, such as retirees, homemakers and the unemployed.

If these changes came to pass, Ontario would have a more fairer tort claim system. Tell your member of provincial parliament that you support the tort reform proposed in the 5-year review! They need to hear from you.

UPDATE: As I continue to research the recommendations by the FSCO Superintendent, I note other interesting recommendations.
Insurance companies may like these:
• a single health professional to direct a claimant’s rehabilitation. The concept is that this will reduce the chance of a multiple treating professionals making interventions in the claims process. Simplify.
• capping the cost of completing forms (including any assessment required to complete the form) at $200, and capping all other assessment costs at $2,000. This one can be tricky. You can’t get treatment if you can’t get it approved. You can’t get it approved if you don’t get an assessment. You don’t get an assessment if the practitioner won’t do one for the insurance company’s rate;
• limiting availability of in-home assessments to seriously injured claimants only. Hmm…What does serious mean? In home visits by occupational therapists are sometimes the life line for injured victims; and
• converting mandatory housekeeping and home maintenance expenses and caregiver benefits into optional benefits that can be purchased or not. This suggestion makes sense as long as the insurance brokers who sell accident benefit policies are well educated on advising their customers about the options.
In addition to the reduction in the thresholds discussed in the post below, accident victims will like:
• Further consultation with experts in the field to amend the definition of “catastrophic impairment.” This definition is tricky and somewhat mysterious. The level of accident benefits you receive after an accident depends on whether or not you are “cat”. And yet, unless you are paraplegic, quadriplegic, blind or in a few other specific categories, it sure is tough right now to know if you qualify for the higher level of benefits.
• The accident benefit forms and application process will be simplified. Halleluja! The forms are basically impossible for anyone without a law degree. And even then…; Many, many people show up on my office doorstep simply because they cannot complete the forms. I suspect a pleasant offshoot of this reform for insurance companies will be fewer lawyer involvements.

Have you been involved in an Ontario accident and obtained injuries? An Ottawa personal injury lawyer knows the most up-to-date information on your insurance benefits. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 860-4529.

The Injured, The Bad and The Ugly

OTTAWA PERSONAL INJURY LAWYER – Two stories remind me why it is so important to be a personal injury lawyer in Ottawa, even if it is not the most glamorous area of the law.

First, I spoke to a lady who is a quadriplegic and has been since childhood. As a result of travel on a certain public mode of transportation, she has suffered additional injuries that impact her already limited freedom in a serious way.

Handling her claim on her own without a lawyer she is now beyond the two year mark which is the limitation period for most motor vehicle related claims. Did any of the many adjusters she was dealing with or negotiating with (apparently in good faith) ever tell her about the deadline? Certainly not in a a way she understood. She now has a much more complicated case than she did, that’s for sure.

That’s story number one.

Story number two is this. A very young man called me today. He received some advice from me in a free consulation in the fall. He decided at that time he was going to try to negotiate a settlement himself. He was in a line of work that involved negotiations so felt pretty good about going head to head with an adjuster.

Today he called back and asked me to please take his case. Why? Because he remembered what I had explained to him about when you were allowed to sue for pain and suffering in Ontario. He had taken notes at our meeting. However, when the adjuster explained the process to him he became aware that she was not giving him the straight goods. Because he had already been educated from a free consultation with a personal injury lawyer, he was able to detect that the adjuster was not someone he could trust to look after his best interest.

Also problematic, the adjuster suggested that he stop using his rehab money for physiotherapy while they were negotiating. Uhm, that’s just wrong. Auger Hollingsworth is pleased that we can help this guy who has worked very hard to rehabilitate after his accident.

If you have been in an Ottawa accident and injured as a result, it’s time to get in touch with a top personal injury lawyer. For more information, contact the injury and accident lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 860-4529.

When Examination for Discovery in an Accident Case Becomes Ridiculous

OTTAWA PERSONAL INJURY LAWYER – Starting next year there will be greater restrictions in Ontario on the amount of time that is spent examining parties to a law suit for discovery. Examination for discovery is the part of a law suit where the people involved are asked questions under oath about the accident and, if they are a person claiming damages, the nature of the claims.

Not everyone is happy to see the discovery time reduced, but I am. I cannot stand watching my client angst over questions like: “Did you see the specialist before or after your elbow pain increased?”. Or “How many times in the year before the accident had you seen your family doctor”. What a flippin’ waste of time and money…

Sure, medical appointments before and after the accident are relevant. But, in Ontario there is a master print out of all medical services provided to an Ontario resident, a description of those services and the dates of those medical services. Plus, the defence lawyer either already has or will get copies of all the medical records.

A defence lawyer has no reason to ask those questions except to try to catch the plaintiff in a “lie”. What person on a jury is going to conclude that the plaintiff is a liar because he or she cannot remember the number or order of medical appointments the plaintiff attended 3 or 4 years earlier? My view is: none.

It is my sincere hope that this type of mind-numbing, time wasting interrogation will fade to nothing when the new discovery rules are in force and the defendants have to pick up the pace of their examinations or risk missing the important stuff. Here’s to change!

If you have been injured in Ontario and are interested in getting fair compensation from your insurance company, a top personal injury lawyer can help. For more information, contact the Ottawa accident lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 860-4529.

Protect Your Ottawa Lawsuit from Facebook in 5 Easy Steps

OTTAWA PERSONAL INJURY LAWYER – Eight months ago I wrote about the dangers for litigants who post their lives on social media pages. At that time, there were way fewer adults on Facebook and similar sites. My warning, I am certain, went largely ignored. The use of Facebook and now Twitter have increased dramatically since then. So have the consequences for injured people involved in lawsuits.

Here are some facts to consider:

FACT-> While initially people were quite guarded about what photos they posted online and who has access to them, people are gradually becoming more exhibitionist. Your friends may have photos of you, that can be searched by your name, on their pages. In other words, your own privacy settings cannot protect you entirely.

FACT-> The Courts have ordered injured plaintiffs to produce their facebook pages to the insurance company lawyers.

FACT-> Evidence from Facebook has been admitted in Ontario Courts and is used by the police and the traditional media.

FACT-> Every insurance defence lawyer has a law clerk on Facebook who is looking for their opponents’ pages, profiles and pictures on Facebook.

So, does that mean you have to withdraw from the 21st century and avoid social media? As your lawyer, I would like to say, well, yes. Avoid it like the plague.

However, as a human being I recognize that may not be possible. So, what steps can you take to protect yourself?

Step One: Take a critical eye to your social media sites to see if there is anything you would not want the insurance company lawyer to see. Remember that the insurance company will not know the context of your photos or comments. They won’t know if you swallowed a bottle of pain killers to get through that party.

Step Two: Check your privacy settings. Most sites allow you to block certain people altogether from seeing that you even are on the site. Block the opposing lawyer and his / her clerk. Keep in mind however, that there will be law students and others whose names you won’t know so this is not foolproof.

Step Three: Search your name in the search field to see what comes up and make sure it is acceptable.

Step Four: While you are at it, do the same thing on Google and You Tube. Make whatever adjustements are necessary.

Step Five: Don’t accept friend requests or answer emails through social media from people you do not know. On Facebook, if you send a message, you grant the receiver access to your profile for a certain number of days. That is a common device to get access to your profile. Keep in mind that because of the lawsuit process, the opposing legal team knows a lot about you and could send you an email that might make you think you know each other.

If you are in doubt about whether or not your pages are acceptable, speak to your personal injury lawyer about it.

If you have been injured in Ontario and are interested in getting fair compensation from your insurance company, a top personal injury lawyer can help. For more information, contact the Ottawa accident lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 860-4529.

If you are injured, it is not your fault and it IS someone else’s fault, the law entitles you to recover certain types of damages.   Which types?

Pain and Suffering

You are entitled to be compensated for the physical pain and mental anguish you have suffered and will suffer in the future due to your injury.  In Ontario, the maximum you can claim for pain and suffering is is about $335,000.  That amout is indexed to inflation and goes up over time.  The top amount is reserved for the most serious injury such a quadriplegia or a serious brain injury.  The damages for pain and suffering in Ontario are subject to a deductible if the case involves a car accident and the damages are less than $100,000.

Past and Future Medical Costs

Reasonable costs for all past and future medical costs can be claimed from the person who caused your accident.  Medical expenses covered by OHIP do not normally need to be claimed if the case is a car accident claim.  However, in other injury cases, OHIP’s expenses must also be recovered from the person who caused the accident.

In addition to the doctors who treat you, these costs include physiotherapists, occupational therapists, psychologists, nurses, case managers, among others.

Loss of Earnings

Lost wages, commissions, bonuses and pension, both past and future can be claimed if they can be proven.  There are special rules that apply when the accident involves a motor vehicle.

Loss of Competitive Advantage

Similar to loss of income, these are damages resulting from the fact that you are somehow less employable or less competitive in the market place.

Family Law Act Damages

The close relatives of someone who is injured in an accident can claim damages for loss of care, guidance and companionship as a result of an accident.  Although these damages are generally low, there are a few cases in Ontario where they have entered the 6-figure range.

There are other heads of damages that are available in other specific situations.  To find out what types of damages are available to you in your accident case, speak to an experienced Ontario personal injury lawyer.  Call us at 613 233-4529 or email us at info@ottawalawfirm.ca.

Ottawa Personal Injury Lawyers: Damages for Pain and Suffering / Non-Pecuniary Damages in Ontario

Your personal injury lawyer will tell you that the information and evidence an Ontario injured accident victim gathers and collects to support his or her claim for damages for pain and suffering is very helpful if it provides evidence of how the accident has impacted the victim’s life.  

In Ontario, the calculation of damages for pain and suffering by your lawyer or by the Court is not an exact science.  Awards for damages and settlements are based on what other victims have received in the past for similar injuries.  There will usually be a range of damages for a particular type of injury that can be drawn out from the case law.  Your specific facts will determine where you fit in the range.

In Ontario, there is a cap on damages that was set by the Supreme Court of Canada in 1970.  The damages cap is indexed with inflation.  Right now, the maximum an Ontarian can be awarded for pain and suffering is between $325,000 and $350,000.  Damages at the cap level are generally reserved for the most serious cases of catastrophic injury.

For car accident cases,  there is also a financial threshold your case must surpass for you to receive damages for pain and suffering.  The amount of the threshold was set in the Insurance Act and the regulations passed by the provincial government.  For cases where the damages for pain and suffering are evaluated at less than $100,000, there is currently a $30,000 statutory deductible.  That means that if your damages for pain and suffering are $70,000, the insurance company only has to pay $40,000.   If your damages are $25,000, you receive nothing for pain and suffering. 

 The personal injury lawyers at Auger Hollingsworth strongly object to this deductible which is the harshest in North America and which has been referred to by at least one judge as a “tax on pain”.  However, this is the current state of the law.  We urge our clients to contact their Member of Provincial Parliament to voice concern about this issue.  One of our personal injury lawyers met with her own M.P.P. Jim Watson (formerly of Ottawa West- Nepean) in November 2007 to discuss this issue.

In light of the deductible, it is very important to provide as much evidence as possible of the impact of the injury on your life.  In some cases, the evidence from the calendar could push a case over the $100,000 mark, which results in a $30,000 gain to you.

If you would like more information about what your injury case may be worth, contact the accident lawyers at Auger Hollingsworth to schedule a free consultation.  There is no obligation and there are no hidden costs.  You can call us at 613 233-4529 or email us at info@ottawalawfirm.ca.