OTTAWA BUS ACCIDENT — Ottawa police have charged a OC Transpo bus driver after an accident that sent a pedestrian to hospital in April 2012.  The charge was: “failing to yield the right of way to a pedestrian using an authorized pedestrian crossover.”

A 32 year old man was hit by the bus on April 4 near the Baseline and Woodroffe transit stations.  His serious injuries were life threatening.

Did you know that it is very difficult to settle a case against the City of Ottawa without starting a law suit?  Unlike traditional motor vehicle accidents where you may be able to settle directly with an adjuster, OC Transpo cases usually requires an experienced personal injury lawyer to get the case done.

If you need help with your bus accident case, let us know:  info@ottawalawfirm.ca or call 613 233-4529.

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.

In an Ottawa accident? Here are some basic steps to take right away to protect yourself.

Get the other driver’s information, including:

• Name
• Address, Telephone
• Vehicle licence plate,  make and model
• Driver’s licence  number
• Other driver’s  insurance company and policy number

If the other driver tries to deny you any of this information, call the police.

Never admit you were at fault or agree to pay for any damage.

Take photos of the accident scene, your car and your injuries.

Make sure you get the name and phone number of any witnesses.

Go to a doctor if you have been injured.  It is much harder to make a claim later on if you have not seen a doctor within the first week of your accident.

Call the police.  We generally do not accept cases where the police were not called to the scene.

Report the accident to your insurance company.

Get free legal advice from a personal injury lawyer to see if you have a viable claim.

If you are ever in an Ottawa accident, you may have to take part in an examination for discovery as part of your legal proceedings. Understanding what this process entails and knowing how to present yourself can help you achieve success in your lawsuit.

What is an Examination for Discovery?

Examination for discovery is an important component of most civil lawsuits. Essentially, it is a process where both parties involved in the lawsuit are questioned about the issues surrounding the lawsuit. While each party is questioned by the other party’s lawyer, and the answers are given under oath, examination for discovery is not in itself a trial.

What is the Purpose of Examination for Discovery?

The basic purpose of an examination for discovery is to allow each party and their lawyers to learn about and understand the other side’s case.

Throughout their questioning, the lawyers for each party will typically be trying to accomplish a few basic things, including the following:

-   Understand the other party’s point of view, and more fully define and narrow the issues involved in the lawsuit.

-   Discover if there are any areas where both parties are in agreement, possibly allowing a pre-trial settlement to be reached.

-   Obtain an admission from the other party that later can be used in their client’s favour while at trial.

What Should You Wear to an Examination for Discovery?

Many clients wonder what they should wear to attend this part of their legal process. Though it is not an official trial, it is still very important to make sure that you are appropriately dressed. A good rule of thumb is to make sure you look well-groomed and presentable. Essentially, you want to wear neat, clean, conservative clothes. You do not necessarily have to wear a suit, but you should look as neat as possible, and avoid any offensive slogans on your clothing. This is a very important part of your legal process, and it is crucial that you are as prepared and presentable as possible.

If you or someone you know has been in an Ottawa accident, a good injury lawyer can help you to better understand your legal options, and help you navigate all aspects of the legal process, including the examination for discovery.

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:

Are you going to be examined for discovery in a car accident case in Ontario?  Here are some topics you will likely be asked about by the lawyer for the at fault driver’s insurance company:

Your Background:

• Your name
• Address
• Education
• Marital / Family Status

Your Home:

• The layout of your home
• Number of bedrooms
• Number of bathrooms
• Size of your lot
• Number of stairs
• Location of the laundry
• Number and size of gardens
• Who cleaned the house before the accident
• Who cleans the house after the accident
• Details about any limitations in housekeeping and home maintenance

Your Injuries

• Head to toe, identify all the body parts that were hurt in the accident
• Details about the prognosis of each injury
• Details about how each injury has improved or not since the accident
• Details about what medical professionals have said about the injuries
• Any planned surgeries
• Details of any psychological / emotional injuries
• Steps you have taken to get better
• All therapies under taken
• Medications since the accident
• Specialists seen since the accident and what they have said
• Description of the pain experienced since the accident

 The Accident

• Details about the vehicle you were in / bike you were on
• Where were you going?
• What route did you take?
• Were you familiar with the route?
• Were you distracted in the vehicle?
• Were you wearing your seatbelt?
• When did you first see the other vehicle?
• What did you see?
• What did you do?
• What part of your body made contact with the inside of the car, if any?
• Did you hit your head?
• How far did your car move at impact?
• Speed at impact?
• Details about lighting, weather, visibility, road condition
• Damage to the vehicles
• Statements given to police
• On site first aid received

Loss of Income / Loss of Competitive Advantage

• Details about your employment history over past 10 years
• Job at the time of the accident, including duties, physical requirements, salary, benefits, performance review, raise history
• Time lost from work after the accident
• Details of return to work
• Description of any current limitations at work

While this is not a comprehensive list, being able to answer these questions confidently and accurately will take you a long way in your discovery preparation.

For more information about the steps in a personal injury law suit, contact a personal injury lawyer at Auger Hollingsworth 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.

If you have suffered an Ottawa car accident, you may be wondering if Ottawa Lawyer Brenda Hollingsworth will take your personal injury case.  Check out this video, where Brenda answers this important question.

Will Ottawa Lawyer Brenda Hollingsworth Take Your Case?

We would be happy to speak to you.  Just call at 613 233-4529.

Canadian musician Justin Bieber’s grandfather Bruce Dale was sent to hospital with broken ribs after rolling his SUV off a highway and into a ditch.   Justin Bieber’s grandmother Diane Dale was a passenger in the Hyundai Santa Fe which slid off a slippery road in Stratford,Ontario.   Mrs. Dale suffered a broken finger.

By all accounts, there were no other vehicles involved in the accident which was blamed on Ontario winter driving conditions.

Wondering about the insurance implications of this single vehicle accident?  Because the accident was in Ontario, both of Justin Bieber’s grandparents would be eligible for statutory accident benefits to cover their medical rehabilitation expenses and certain other losses.

Passengers in a single car accident sometimes sue the driver who caused the accident, even if the driver is the passenger’s spouse.  This is common where the driver was negligent and where the passenger’s injuries pass the Ontario threshold.

In the event that the roadway was not properly maintained and the lack of proper maintenance caused or contributed to the accident, Justin Bieber’s grandparents could consider suing the municipality or provincial entity responsible for the roadway maintenance.

We wish The Biebs’ grandparents a speedy recovery.  If you have a question about a single vehicle roll over accident, call our firm at 613 233-4529.

OTTAWA LAWYER —  On January 1, 2012, at 7:30 am a 36-year-old woman suffered serious injuries after an accident between a minivan and a car.  The Ottawa car accident occurred at the corner of Bank Street and Isabella Street.

One woman was rushed to hospital in serious but stable condition with chest injuries.  Three occupants in the second vehicle suffered minor injuries.