Ontario Legal Process for Accidents

If you are hiring a lawyer for a claim after an Ontario accident, you are probably wondering what the process is and what to expect. The articles in this section will give you good legal information about what to expect after an accident.

Ontario limitation periods. How long do I have to file my Ontario personal injury lawsuit?

The Ottawa personal injury lawyers at Brenda Hollingsworth’s office are often asked about Ontario limitation periods. Victims of personal injury want to know how long they have to file a claim for their Ontario accident.

The best way to get an answer specific to your case is to call us at 613-860-4529. Brenda Hollingsworth Personal Injury Lawyers can tell you who you need to notify after your accident and how long you have to do so.

Majority of adults have two years to start the process of a lawsuit after their motor vehicle accident or slip and fall accident in Ontario. When children are injured in an accident the time restraints are usually longer. However, when giving notice of a potential claim the window for notification is much shorter. These time restraints are what we call limitation periods.

Lianne Laing and Brenda Hollingsworth cover this topic and answer a caller’s question about Ontario limitation periods for her slip and fall accident on municipal property during CTV Morning Live.

If you have questions after your Ontario motor vehicle accident or slip and fall accident call Brenda Hollingsworth Personal Injury Lawyers for a free consultation at 613-860-4529. We can advise you on the next step to take to file your claim and make sure you have filed all appropriate notifications within the Ontario limitation period.

Why is the legal process of my Ontario personal injury claim so long?

After clients have filed their Ontario personal injury claim,  they can be surprised by the length of time it takes to see any real action. Clients want to know why their lawsuit is taking time to unfold and what is currently being done.

To have your questions on the claim process answered, call Brenda Hollingsworth Personal Injury Lawyers at 613-860-4529.  We can explain the process of information gathering, tracking records, and why these factors contribute to the time it takes for you to see progress.

For the first 6 months of a claim, we do a significant amount of work behind the scenes that clients do not see.

Watch as Lianne Laing and Brenda Hollingsworth talk about the process of an Ontario personal injury claim.  We describe in detail  the steps involved in information tracking and authorizations that help to build your case toward success on CTV Morning Live.

If you have suffered an Ontario personal injury and would like to receive advice on how to proceed with a claim contact Brenda Hollingsworth Personal Injury Lawyers at 613-860-4529. They can start your claim and get you on track towards the compensation you deserve.

How do Eastern Ontario personal injury lawyers advance my case?

Eastern Ontario personal injury lawyers – How we advance your case

You have gone through the process of hiring the Eastern Ontario personal injury lawyer best suited to your needs. However, do you know what the next steps are when it comes to building your case? Not very many people know what happens after they hire a lawyer. For the Ottawa personal injury lawyers at Brenda Hollingsworth’s office this is where they find clients have the most questions. They do not know the exact role of a lawyer or the fact that they too, as the client, have a role in their case.

If you have experienced a personal injury accident and have questions about what an Eastern Ontario personal injury lawyers role is in your case, call Brenda Hollingsworth Personal Injury Lawyers at 613-860-4529.  We can show you what a lawyer will be doing for your case and the proper steps needed to the legal process.

After hiring your Eastern Ontario personal injury lawyer we need to build your case.  We need to convince the insurance company to pay the value of your injuries.  This process includes sending out requests for information to doctors, hospitals and physiotherapists to collect relevant evidence.

Lianne Laing and Brenda Hollingsworth discuss what role an Eastern Ontario personal injury lawyer plays during your case and how you, as a client, have an important role too.

If you have experienced an Eastern Ontario personal injury accident call Brenda Hollingsworth Personal Injury Lawyers at 613-860-4529.  We can guide you through the process towards legal compensation and determine the best steps to take for your specific case.

What can I expect during my Eastern Ontario examination for discovery?

What you can expect during your Eastern Ontario examination for discovery.

When a victim of an Eastern Ontario personal injury receives a Notice of Examination it can be nerve-wracking. There is a lot that happens during discovery. Clients  ask the Ottawa personal injury lawyers at Brenda Hollingsworth’s office what they can expect once the examination for discovery begins.

To have questions about your Eastern Ontario examination for discovery answered contact Brenda Hollingsworth Personal Injury Lawyers at 613-860-4529. The Ottawa personal injury lawyers at Brenda Hollingsworth’s office make sure all of their clients have preparation sessions and feel completely comfortable with the examination process before the actual examination date.

An examination for discovery is very much like a cross-examination however, it is in a boardroom rather than in a courtroom. It is the “mid-point” of the lawsuit and is a mix of a very formal/very informal environment. The lawyer from the opposing side has up to 7 hours to ask you questions about the accident and the injuries you obtained.

Lianne Laing and Brenda Hollingsworth answer a caller’s question about his notice of examination and what he can expect during the examination period on CTV Morning Live.

If you have questions about your Eastern Ontario examination for discovery and what to expect call the Ottawa personal injury lawyers at Brenda Hollingsworth’s office for a consultation at 613-860-4529.

Join Ottawa Lawyer Brenda Hollingsworth on CTV Morning Live On Monday!

Ottawa personal injury lawyer Brenda Hollingsworth will be answering viewers’ questions about what happens during your personal injury accident case after the personal injury lawyer is hired.    The segment airs on CTV Morning Live after 9 am on Monday, October 29, 2012.

Get answers to your personal injury questions such as:

  • How long is my Ottawa personal injury case going to take?
  • What is the lawyer doing with my personal injury case during that time?
  • Are there things I can do to enhance my accident case?
  • Are there things I can do to wreck my accident case?
  • What happens if I get better while my case is working its way through the system?
  • Why is my injury lawyer asking me to sign so many forms?
  • What is examination for discovery?
  • What is mediation?
  • When do I get a pre-trial?

Interested viewers can call in, email or Facebook CTV Morning live to get their Ottawa personal injury accident questions answered live on the show.  Let us know if you watch our show!!  Tweet @Ottawalawyers or email [email protected] with your comments or feedback.

Ottawa personal injury lawyer Brenda Hollingsworth represents people in Eastern Ontario who have been injured in serious Ontario accidents.  Her practice has a focus on slip and fall and motor vehicle accidents.  If you have a potential claim you would like to have evaluated by an Ontario personal injury lawyer, please contact us at 613 860-4529.   For qualified callers, we offer a free consultation, either on the telephone or in person.

Our Ottawa personal injury law firm offers contingency fees retainer agreements for serious accident cases.  That means our clients do not pay legal fees if there is no settlement or judgment!  There is no upfront fee for expenses. 




Ottawa lawyer: Why do I have to sign so many authorizations?

When new Ottawa personal injury clients sign up with Auger Hollingsworth, they are usually asked to sign a large number of authorizations.  Many new clients wonder why we need so many authorizations that are identical or very similar.

Authorizations are the documents that give your lawyer permission to contact third parties on your behalf.

We get you to sign an OHIP authorization.  This allows us to obtain your OHIP decoded summary.  Your OHIP decoded summary lists all of the OHIP covered services you have received in the past 7 years.

Any doctor you have seen, or any other medical clinic, requires an authorization before they will release your records to us.

We need of the original authorizations back  as no photocopies are accepted by doctors or hospitals.  You would be amazed at how many medical people swipe your OHIP numbers over 7 years.  We need to request the records from all of them.  That is why we need so many forms.

Immediately after we open your file, we request the following records that require a general authorization:

-all tax returns

-any social services history (Ontario Works / ODSP)

-your employment records

-your CPP contributions

-the complete police file or municipal file or whatever investigation file we think might exist

If we want to engage an expert to help us do something, we need to send them an authorization.

If we want to speak to an insurer on your behalf, they sometimes require an authorization.

It does not take long for the number of general authorizations we use to add up.   Those are some examples.

If you are wondering if an Ottawa personal injury lawyer can help you with your personal injury claim, call our office today at 613 233-4539.


What Should I Wear to Examination for Discovery in an Accident Case?

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 [email protected], or use our contact form.

What if I am in an Ottawa Accident and Not Wearing My Seat Belt?

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 [email protected], or use our contact form.

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.

Gap In Ontario Insurance Law Hurts Orphans, and Others

Kudos to Ottawa Citizen writer Joanne Chianello for her excellent article about the gap in Ontario auto insurance that robs deserving accident victims of insurance coverage because of criminal acts by the driver who caused the accident. Read it here:

Ontario Insurance Law Gap Article

In the article, Ms. Chianello describes how three little girls orphaned when their parents were killed in a motor vehicle accident may be stuck with insurance limits of only $200,000 when the at fault driver’s liability insurance limits were $1 Million.  That would be a stomach-turning result, but a result that is very common.

When an at fault driver violates his or her  insurance policy by committing certain crimes, the standard Ontario insurance policy permits the insurance company to limit their insurance coverage to the legal minimum of $200,000, regardless of the amount of insurance the driver purchased.  The results can be very unfair to someone who is seriously injured or who, like the three Regnier girls, suffer a major loss like the loss of two parents.

The same result may occur when someone has a G1 or G2 license and causes an accident while doing something that violates the insurance policy.  For example, I have a client who was catastrophically injured as a passenger when the G2-licensed driver smashed into a building.  In that case, the insurance company has similarly asserted a policy violation and is indicating that they will only pay $200,000 toward my client’s injuries if the at fault driver is convicted of the crimes he is said to have committed.

This happens because of the way Ontario’s insurance law is drafted.  There will only be change if people advocate for change.  With an election this fall, it is an excellent opportunity to tell MPPs and MPP wanna-be’s how you feel when  they knock at your door.

Is there anything you can do to protect your family from a tragedy like this?  The short answer is yes.

First, make sure you have proper life insurance and disability insurance outside of the auto insurance regime.

Second, if you have car insurance, make sure you ask your insurance agent or broker for the Family Protection Endorsement.  This is a cheap add-on to your policy that means that your own insurance policy limits will kick in if there is a problem with the insurance from the at-fault driver.  This add-on is also very important if you travel in the U.S. where in many states drivers do not need to carry very much liability insurance.

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