1. An Ottawa auto accident claim is not a get rich quick scheme. Awards of money for pain and suffering are very modest in Ontario. The most severe injuries (think quadriplegia or the worst brain injury) will receive less than $350,000 for pain and suffering. Sometimes injured victims receive very large, even multi-million dollar awards. However, when that is the case, it is because they cannot work (loss of income) or have extra-ordinary future care costs.

2. Some bad drivers need to be held accountable. While many people who cause an Ontario accident are normally careful drivers who were temporarily negligent, there are some drivers who cause multiple accidents; have many driving infractions etc. A law suit is one way to send the message that unsafe driving is not okay.

3. Most Ontario car accident law suits are totally legitimate and deserving. The insurance industry likes to talk about fraud. While there are fraudsters out there, as in any industry, the number of fake claims is significantly overstated.

4. Ontario Car Accident Victims Suffer. Whether it is chronic pain, broken bones, psychological illness or brain injury, car accident victims’ lives are often fundamentally and permanently changed. Monetary compensation is no substitute for their old lives, but, it is hoped that it will provide some solace.

If you have questions about bringing a lawsuit following an Ontario car accident, contact the lawyers at Auger Hollingsworth Professional Corp. at 613 233-4529. We are here to help.

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.

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.

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:

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, Wednesday, February 8^th.  Rush hour traffic was sent into gridlock when two OC Transpo buses collided on the transit way near Tunney’s Pasture and Holland Avenue.  Bus route # 61 and bus route   # 98 crashed, forcing police and OC Transpo officials to shut down the busy Ottawa bus route until 7pm last night.  Paramedics sent 12 people to hospital and treated many others at the scene.

Click here if you are wondering if you have a claim for damages after the OC Transpo bus crash.

The injured passengers were sent to local hospitals mostly complaining of neck pain, and knee and joint pain, according to paramedics on the scene.  None of the injuries were considered serious, although neck related injuries such as whiplash are always treated with caution as underlying issues may be present.  Amongst the injured was one of the bus drivers involved in the accident.

Many local Ottawa commuters were delayed several hours yesterday due to the crash and passengers of both buses were in shock over the incident.  For those injured it may be several days or weeks before the pains of Tuesday’s unfortunate collision subside.  The health and welfare of the passengers and victims is the most important issue in any accident.

For all of us, the OC Transpo accident is a reminder of the importance of public safety, and how vital public transportation is to communities and the city of Ottawa.  Accidents can happen even amongst the most experienced and trained of drivers and public workers.  The hope is that from every incident comes the knowledge to help prevent reoccurrence in the future and to keep improving our public health and safety.

If you or someone you know has been injured in a public transportation accident, or any other form of accident, call us at 613-233-4529.  Know your rights and let the personal injury lawyers of Auger Hollingsworth help.

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.

On Friday December 17, 2011, Ottawa Fire Fighters extricated a 22 year old man from a BMW after a  two-vehicle collision on Baseline Road at Rockway Crescent.  The man is described as having suffered a fractrued pelvis, chest injuries and multiple lacerations. He was taken to the hospital in serous condition. The driver is reportedly not seriously injured.

This is not the first serious accident our Ottawa personal injury lawyers are aware of at this intersection.  For a small intersection, it poses numerous visibility issues.  If you are driving at Baseline and Rockway, please use extra caution.

If you have suffered  a serious injury and wish to have a free consultation, please contact our firm at 613 233-4529.