Ontario Car Accident- Justin Bieber’s Grandparents Injured in Single Vehicle Accident

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.

Alfred Ontario Car Accident Kills Two

OTTAWA ACCIDENT LAWYER- On January 3, 2012 two people, including an Ottawa man, were killed in a head-on crash involving a tractor trailer on Highway 17.  The accident happened near Alfred, Ontario early in the morning.

It is reported that a pickup truck and a transport truck collided on the County Road 15 and Peladeau Road at about 3:15 a.m.  Unfortunately both drivers died at the scene.   Early reports suggest that neither driver was wearing a seatbelt, although that has not been proven.

The driver of the pickup truck has been identified as 31-year-old Ghislian Landry of Orleans. The driver of the tractor trailer is 50-year-old Gordon Wray of Oshawa.   Our condolences to their families.

The road was re-opened Tuesday afternoon after about 12 hours. Police said they are  trying to determine the cause of the car accident.

Baseline Rd and Rockway Crescent is a Dangerous Intersection

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.

Making a Claim in a Hit and Run or Where there is No Insurance | Ottawa Lawyer

If you or a family member has been injured in a motor vehicle accident by another driver who does not have insurance,  or has inadequate coverage, don’t assume that you can’t bring a claim.

In many cases, your own insurance or the insurance on the car you are riding in can provide benefits. This type of insurance is called uninsured and underinsured motorist insurance.  It may be available to protect passengers in your vehicle or when you or a family member is injured as a bicyclist or pedestrian.

Even if you don’t have insurance yourself, you may be entitled to compensation from the person that hit you or from another insurer.  There is even an insurer of last resort that is administered by the province.

Accessing uninsured and underinsured motorist insurance coverage is not straightforward.  There are many issues that may impact your ability to obtain compensation.

In a hit and run situation or a situation where there is no insurance or inadequate insurance, an experienced personal injury lawyer is a must.  Contact the lawyers at Auger Hollingsworth at 613 233-4529 for more information or to schedule a consultation.

What is the Minor Injury Guideline? Ottawa Lawyer

If your accident benefit insurer has placed you in the Minor Injury Guideline, you will only have $3500 in medical rehabilitation benefits available, even if you have purchased upgraded accident benefits.  You will not be eligible for housekeeping benefits or attendant care.

For many people, the $3500 will be sufficient to get them back on track after an auto accident.  However, for many others, the implications of such a low policy limit are devastating.

Should you be under the Minor Injury Guideline?  The answer will depend on your injuries.  The Minor Injury Guidelines cover people whose PREDOMINANT injury is one of the following:

  • Sprain, including a partial tear
  • Strain, including a partial tea
  • whiplash unless there are neurological symptoms
  • contusions, abrasions, lacerations
  • subluxations, unless it is a complete dislocation of a joint
If you have one of these injuries but have a pre-existing condition that will impede your ability to recover from your accident related injuries, you may be entitled to an increase in your medical rehabilitation dollars.
Auger Hollingsworth’s view is that you should not be in the Minor Injury Guidelines if you have suffered a psychological injury, a traumatic brain injury (including a concussion), a complete tear of a tendon or ligament, a fracture or WAD III or IV.
If you have been placed under the Minor Injury Guideline and you do not believe you belong, you should consider filing a application for mediation with the Financial Services Commission of Ontario  (FSCO).  There may be a limitation period for making such an application which you must ensure you meet.
For more information about your accident benefit claim, please contact Auger Hollingsworth at 613 233-4529.

5 Factors that Affect the Value of Your Ontario Accident Case

If you are like most of our Ottawa accident clients, you are very keen to know how much your accident case is worth.  Who can blame you?  You are going through this stressful legal process, it makes sense that you want to know whether your case is worthwhile.

 

Unfortunately, we often can’t tell you what your Ontario accident case is worth until well into file.  However, what we can tell you are factors that will influence the value of your case.  Here, in no particular order are 5 key factors that impact on the monetary value of your case:

 

  • Do you have a provable loss of income claim?  InOntario, this is often the single biggest component of someone’s settlement or trial judgment.

 

  • Have you attended your physician on a regular basis since the accident and described all your symptoms at every visit.  Medical records documenting symptoms carry a lot of weight.

 

  • Has your family physician sent you to specialists to diagnose and / or treat your injury?  Remember that in many cases you have to ask for a referral to a specialist.

 

  • Where applicable, have you had an MRI, CT scan, ultrasound x-ray or other diagnostic test?  An injury that shows up in medical imaging will usually be better compensated than an injury that does not.  Where there is a “picture” of the injury, the issue of credibility is removed.  If you think you would benefit from one of these tests, ask your doctor.

 

  • Are you able to identify specific changes to your lifestyle as a result of the accident?  Accident victims who are able to consistently specify activities that they could do before the accident and that they cannot do after the accident tend to do better financially with their claim than accident victims who complain of “pain” but are not limited in their actions.

Tough Times Ahead for “Smaller” Ontario Motor Vehicle Accident Cases

We have noticed that certain types of cases are getting harder to settle early on in the litigation process.   Especially in auto accident cases, insurers are getting tougher to deal with and are requiring more medical evidence that our clients’ claims meet the legal threshold to sue.

Remember, to successfully sue for pain and suffering in Ontario you have to have a “serious” and “permanent” injury.   Building your case to surpass this threshold is not always easy.   There is no single test you have to meet.

Courts have stated that the requirement that the impairment be “serious” may be satisfied even although the injured person resumes employment and household duties, but continues to experience pain.  The courts will consider whether the continuing pain seriously affects the person’s enjoyment of life, ability to socialize with others, have intimate relations, enjoy his or her children and engage in recreational pursuits.

Courts have stated that for the impairment to be “permanent” , there needs to be evidence that it will last indefinitely into the future,  as opposed to a limited time with a definite end.  If a limitation is unlikely to improve for the indefinite future, it will likely be “permanent”.

However, the onus is on the injured person to prove that the injury is serious and permanent.   Please keep track of facts that will help you prove the serious and permanent nature of your injury.  You may not remember the party you skipped, the wedding you left early and the movie invitation you declined due to your injury if you don’t make little notes of these things.  These days, the details are key to successfully advancing your case to settlement or judgment.

 

Ultimately, stricter requirements from insurers mean that in most cases, we will be requesting that doctors and other health care professionals provide written opinions that your injuries are serious and permanent.  You will want to ensure that your health care team is aware of your ongoing issues so that they can provide a fulsome opinion if we request.

Ontario Car Accidents Statistics

OTTAWA LAWYER-  It seems that we are always hearing stories of Ontario car accidents, whether it be on the radio, television or in the newspapers.  While vehicle collisions seem to be a part of life and not all can be avoided, it is interesting to look at statistics to see if Ontario car accidents are on the rise or if such collisions are occurring less often.  As Ontario personal injury lawyers, we often have clients who have been injured in a car accident.  Because of this, we like to stay as up to date as possible on the statistics regarding Ontario vehicle collisions.  We’d like to share some of the 2010 Ontario car accident statistics with you.

 According to Ottawa police reports, the number of fatalities due to car accidents increased in 2010.  Despite this, the overall number of vehicle collisions and subsequent injuries decreased.  In fact, according to the 2010 Crime, Police and Traffic Statistics report, car accidents decreased by four percent.  There are less accidents but the accidents that occur seem to be more severe given the higher fatality rate.  Ottawa statistics indicate that out of thirty collisions in Ottawa last year, thirty-four people were killed.  The 2009 statistics show that twenty-five people were killed in car accidents of that year.

 The total number of car accidents in Ottawa decreased from approximately 13, 900 in 2009 to about 13, 300 in 2010.  Although those numbers still seem high, approximately six-hundred fewer accidents in 2010 is still significant.  The reasons for the apparent decrease in accidents are uncertain and each situation has a different set of circumstances.  While we may not be able to pin-point why the number of vehicle collisions decreased, we should still be encouraged by the numbers.

 It appears as though fewer injuries occurred due to Ottawa accidents as well.  2009 statistics report that there were approximately 2,700 accidents where injuries were reported compared to about 2,600 in 2010.  Although the difference is only 100, it is still encouraging to see that fewer people are being injured in car accidents.

 While the 2010 car accident statistics are positive, we should still take driving seriously and remember that vehicle collisions can happen at any time.  If you were recently injured in an Ontario car accident, you may be eligible for compensation.  Contact the personal injury lawyers at Auger Hollingsworth to discuss your case. Our number is 613 233-4529.

Ottawa Lawyer: How bone fractures can result in arthritis

Some injuries incurred after an Ontario accident can be minor, heal quickly and have no or little, lasting effects.  Other injuries, such as bone fractures, can lead to other ailments and physical difficulties.  While this is not always the case, it is good to be aware of how your injuries might cause other discomforts so that you can watch out for any other symptoms or changes that might develop.  Bone fractures are a common injury and it can also result in arthritis.  By understanding a little about bone fractures and arthritis, you will be able to pay close attention to your injury and notice signs that may indicate that arthritis is developing.  You can then see your doctor for medical advice and further treatment.

 

Bone fractures are commonly referred to as broken bones.  This happens when high force, impact or stress is placed on the bone.  This could happen due to a fall, car accident, etc.  Depending on where the fracture occurred (in your leg, hip, arm, etc.) doctors will prescribe different methods of treatment, including surgery, immobilization and pain management.  Like many injuries, bone fractures can range from more minor breaks, such as a broken finger, to more serious injuries, such as a broken leg or hip.

 

Because bone fractures weaken the bone structure of a limb, they can result in arthritis.  There are many different kinds of arthritis, but the most common one that can also be attributed to bone fractures, is osteoarthritis, which is a degenerative joint disease.  Arthritis can often be managed with medication and exercises, but it can also become quite severe and painful.  It is important to consult your doctor if you think your bone fracture may be developing into arthritis.  Your doctor will be able to examine your injury and provide you will personal medical advice.

 

While it is important for you to seek medical attention for all of your injuries, if you have suffered a bone fracture due to a slip and fall, car accident or similar situation, you should also contact a personal injury lawyer such as those at Auger Hollingsworth.  They will work with you to determine if you might be entitled to compensation for your injuries.

If my injury was caused by tripping on a city sidewalk, do I have a case?

Ottawa Lawyer — One of the most common questions our Ottawa personal injury lawyers receive is, “do I have a case if I was injured after tripping on a city sidewalk?”  The answer to this question depends on the reason why you tripped.  You may have a legal case if there was a significant defect in the sidewalk where you were walking.  A large, deep hole or a cracked raised portion of the sidewalk could cause someone to trip.  Such defects could be seen as hazards.  It could be argued that the city of Ottawa has a responsibility to maintain safe sidewalks so if you tripped because of a significant defect you might be able to make a case that the city failed to keep their sidewalks safe for pedestrians.

In addition, you may have a case if the sidewalk was not cleared of ice or snow.  Winter in Ottawa brings wet, snowy, icy weather which can really make being a pedestrian quite dangerous.  If you slipped and fell on a sidewalk that was covered with ice or snow, and should have been cleared, you may be able to make a legal case.  Again, the city is supposed to maintain safe sidewalks, which involves routine maintenance during the winter months.

A personal injury lawyer will be able to tell you if your situation can qualify as a legal case.  The circumstances of your fall are the most important factor in determining whether or not you have a case.  The injuries you sustained are secondary.  If you think you might have a legal case due an injury sustained by tripping on a city sidewalk, you should contact a personal injury lawyer who can advise you.  If you are unsure if you have grounds for a claim or not, speak with a personal injury lawyer and they will assess your situation and tell you if you have a case.

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