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.

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.

In the contex of a motor vehicle accident, including a car-pedestrian, car-bicycle, motorcycle or truck accident, the term “catastrophic injury” has a very specific meaning.

When you are injured in a motor vehicle accident in Ontario, you are entitled to statutory accident benefits.  These benefits are usually paid by your own auto insurance company.   Since 2010, there have been three levels of benefits.  One of those levels of benefits is for people who have been deemed or found to have suffered a catastrophic injury.

Some injured victims are automatically in the catastrophic category because of the injury they have suffered.  Those injuries include: paraplegia, quadriplegia, amputation, blindness and certain types of traumatic brain injuries.

Other accident victims will qualify for catastrophic benefits if a specially trained medical practitioner (or more often a team of medical practioners) assigns an impairment rating of 55% or more.  This impairment rating is typically completed after 2 years, although in some cases it can be completed earlier.

If the injured person is “catastrophic”, either because he or she has one of the listed injuries, or meets the impairment rating test, he or she qualifies for a higher level of accident benefits.  Most notably, the “medical- rehabibilitation benefit” jumps from $50,000 to $1,000,000.00 and there is an increase in the attendant care benefit. Certain benefits also last longer.

Sometimes there is a dispute between the injured victim and the insurance company as to whether or not the injured person has been catastrophically injured.  An experienced personal injury lawyer can help you navigate that dispute through the Financial Services Commission of Ontario and / or the Ontario Court system.   If you would like to speak to Auger Hollingsworth about your claim and whether or not you qualify for catastrophic benefits, call us at 613 233-4529.

Are You Getting What You Deserve for Your Ottawa Accident Case?

Individuals who have suffered serious personal injury due to an Ontario accident should receive fair compensation for their pain and suffering.  Unfortunately, many personal injury cases settle for much less than they should.  While the law and legal proceedings can be complicated, lengthy and sometimes overwhelming for injured individuals, there is no good reason why
they should not receive the compensation they deserve.  That being said, there are a few reasons why personal injury cases often settle for less.

Lack of Preparation for Examination for Discovery

One of the reasons is that in some cases, clients are not prepared for examination and discovery.  This means that the lawyer has not adequately prepared their client for what will happen and what may be required of them when evidence is presented and when the individual might have to share their side of the story.  Everyone facing a personal injury case should be informed and well-prepared for the process that lay ahead.  Not being adequately prepared can negatively impact the case and result in a lower settlement.

No Review of Your Past Medical History

Often, clients are familiar with their entire past medical history.  It can be easy for someone to forget certain past injuries, illnesses, or medications they were on, and not knowing all of this information can damage a personal injury case.  It is important to get all of your past medical records so that you are up-to-date with what all of your medical records say.  It is important to
be familiar with all of your medical history because past injuries or illnesses or other medical conditions can have an impact on your case and on the compensation you may be entitled to.

Appropriate Expert Reports

Another reason why personal injury cases often settle for less is that some lawyers do not obtain appropriate reports from experts.
If you are facing an injury case you should be confident that your lawyer will do everything required to achieve a successful outcome for your case.  If lawyers fail to prepare or submit all of the necessary reports or even additional reports that would
benefit your case, the outcome is likely not going to be as good as it could have been.

 Settling Too Quickly

And lastly, sometimes cases are settled too quickly when the extent of the individual’s injuries or their future job
prospects are not yet fully known.  It can be tempting to settle a case quickly since you may feel like you just want
to get it over with or you want to save time and money.  While these are important factors to consider, by settling too early, you risk losing the compensation you may otherwise receive.  It is unwise to settle a case before the injuries and job prospects have been adequately assessed.

There is No Substitute for Good Representation

Facing a personal injury case can be daunting but if you work with the right lawyer, you should receive the full amount of compensation you are entitled to.  Be sure to work with a lawyer in whom you have the utmost confidence and who you can trust to adequately represent you.

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.

The Ottawa injury lawyers at Auger Hollingsworth are delighted to announce the launch of their exciting new program, NO FEE FOR KIDS.  Read all about this community initiative to help injured children after a car accident here.

What an Ottawa lawyer can tell you about burn accidents

While burns can be caused by a number of different Ottawa accidents, Ontario personal injury cases most often involve burns incurred during a car accident.  If you have suffered a burn injury due to an Ottawa car accident you may be entitled to compensation.  Burn injuries can have a range of physical effects.  Some are minor and are able to heal completely, while more severe burns can cause permanent scarring.  Like many other kinds of personal injury, burns can result in time off from work and loss of wages, extensive medical treatment and even emotional damage.

Burns incurred during a motor vehicle accident can have a few causes.  Faulty equipment, electrical malfunctions, and gasoline leaks can all cause burn injuries.  Whether the vehicle was hit by another car, ran into a tree or building, collided with a larger vehicle such as a train or bus, explosions can occur and often result in severe injury.  The kind of burn and its severity depends on the cause of the accident and how the burn occurred.

There are a number of different kinds of burns as well as different degrees of severity.  This information is important in determining if compensation will be granted, and if so, how much.   Most burns from car accidents are thermal or chemical, but the circumstances of your accident and a thorough medical examination will be able to determine the nature of your burns.  The severity of burns includes first, second and third degree.  First degree burns are more minor and are usually mostly on the surface of the skin.  Second degree burns are more serious and often result in blisters and other damage to the skin.  Third degree burns are the most severe and definitely require medical attention because they cause damage to deeper tissue.

If you have been burned in an Ottawa car accident you may be entitled to legal compensation for your injuries.  In order to determine if you have a case, speak with an experienced personal injury lawyer such as those at Auger Hollingsworth.  They will be able to go through the details of your case and of your injuries and advise you about where to go from here.

Ottawa Lawyer– Personal injury cases usually involve situations where an individual suffers an injury due to a slip and fall, a car accident or similar event, but you may be surprised to know that dog bites can also be legally pursued as personal injury cases.  This depends on the circumstances of the bite and an experienced Ottawa personal injury lawyer can advise you in your particular situation.  In general though, an individual who suffers significant injury due to a dog bite may be entitled to compensation.

In Ontario, the Dog Owner’s Liability Act outlines the legal aspects of owning a dog, including what happens when a dog bites someone.  Generally the liability falls upon the dog owner; however, sometimes the person who was bitten may share the liability.  For example, if an individual provoked the dog they may be considered partly responsible for the dog biting them.  Similarly, if the injured person is a minor and their guardian, or the person responsible for watching over them, was not properly supervising, the guardian may also be held liable for the incident.

If it is concluded that the dog’s owner is fully liable, usually payment for the damages is covered under their home insurance.  In this case, the insurance company would handle the payment of compensation.  Again, the particular circumstances of the case will determine if and how compensation is awarded.

If you are bitten by a dog and are injured because of it, make sure to get the name of the dog’s owner.  This could be easy if the owner is present, or if you are bitten in your neighbourhood where you can easily locate the dog’s home, but it could also be difficult if you are bitten in a public area.  It may take some work, but finding out who the dog belongs to is key to pursuing your case since the owner’s name is essential for filing a claim for damages and receiving compensation.  An experienced personal injury lawyer can help you with the details of your case and in determining if you are entitled to compensation.

Ontario Lawyer — If you were involved in an Ottawa accident, you may have heard about a document called release of liability. Signing a release of liability after an Ottawa accident means that you settle your case out of court and that you will be unable to sue for the same accident in the future. A release of liability is usually signed in order to avoid going to court.

In many cases, the person who is not at fault will agree to settle out of court, if a fair settlement is found. When a release of liability is signed, the person who is not at fault receives money and gives up their right to sue. A release of liability is seen as a resolution to the case, since financial compensation is given and the case remains out of the courts.

While a release of liability is often a good way to resolve a personal injury case due to a car accident or slip and fall, there can also be drawbacks and risks. Before signing a release, make sure that you consider all of the pros and cons of doing so. In addition, seeking the advice of a personal injury lawyer will help you to decide if signing a release of liability is the best course of action for your particular case.

Some of the potential drawbacks of signing a release of liability may include:

- the amount of money received may not cover all medical costs
- the settlement may not cover loss of wages
- there is often no recourse available if the injuries are later found to be worse than first diagnosed

The details of your case will determine if these or other drawbacks exist so it is best to speak with a lawyer experienced in dealing with these situations. While you are unable to sue after signing a release of liability, it may be a good option for your case. Before making a decision either way, speak with a personal injury lawyer who can offer you the guidance you need.

Ottawa Lawyer — If you have recently been in an accident in Ottawa and are thinking of pursuing a personal injury case, you are likely wondering how much financial compensation you may be entitled to. A number of factors are at play when trying to determine the value of a particular personal injury case.

While there is no set formula for determining value, a case is usually worth the same amount as the damages suffered by the individual. These damages take into account medical costs, lost wages, property damage and lost earning capacity. Sometimes the value can be easily determined and in other cases, it can be more difficult, depending on the nature of the case. An experienced personal injury lawyer can help you in the process of gathering the necessary information in order to determine the value of your case.

Injured individuals are entitled to compensation for tangible harms such as those listed above, but you my also be entitled to “intangible” damages. These include things like psychological distress, pain, depression, disability, etc. It is these intangible harms that can make a case difficult to assess. The value of these harms is subjective and thus, they do not have a specific monetary amount assigned to them. Assessing the value of things like mental anguish or inconvenience is more difficult and often takes longer, than assessing the value of medical costs, for example. While it may not always be easy to determine the value of a personal injury case, taking into account a variety of factors will help to provide the most accurate assessment.

Typically, both parties, along with their lawyers, make an estimate for how much the case is worth. The value is then either agreed upon during mediation, or if the case goes to trial, a judge or jury will make a ruling regarding the value and the financial compensation, if any, the injured person is entitled to.

Because of the complex nature of assessing the value of a personal injury case, it is in your best interest to work with a good personal injury lawyer who can guide you through the process and who can work on your behalf to suggest an accurate value for your case. If you have suffered a personal injury, it is in your best interest to work with a lawyer who has the knowledge and experience necessary to evaluate your case.