Auger & Hollingsworth

  • We were able to settle the case out of court due to Brenda's hard work, diligence and patience, for an amount that we're very pleased with. I would certainly recommend Brenda from Auger Hollingsworth. She did a fantastic job for us.

    Jeannie Armstrong, Personal Injury Client
  • Fatal Accidents

    Fatal Ontario motor vehicle – cyclist accident near Nipigon.

    July 23, 2013 – A fatal Ontario motor vehicle – cyclist accident near Nipigon, Ontario has claimed the lives of a cycling couple from North Glengarry Township.

    The two cyclists were avid riders.  Starting in Vancouver, they were cycling across Canada with 23 other riders. On July 23rd the pair was hit by a pickup truck driven by a 60-year-old man from Austin, Texas.

    According to news reports, the daughter of the two victims said she spoke to them the night before. They were worried about the upcoming stretch of road due to hills, curves, and overall terrain conditions.  When news of the accident reached home, the daughter thought the accident might have been caused by terrain issues. The pickup driver might not have seeing the couple until it was too late. There could have been a hill or sharp curve in the road that blocked his vision. However, when looking at the stretch of Ontario  Highway where the accident took place, it is completely straight.

    After a fatal Ontario motor vehicle – cyclist accident, what rights do you, the family, have in seeking compensation?

    As the family member of a victim who was killed in a motor vehicle – cyclist accident you can often claim death benefits under SABS. SABS are the statutory accident benefits claims that everyone is entitled to under their own insurance. The death benefits provide compensation to both spouses and dependants while helping cover death and funeral costs.

    Family members may also have a claim (lawsuit) against the at fault driver. However, there are time limitations to file your claim. All time limitations are different, depending on your specific case and situation.  To find out the limitation period for your case, your best option is to call us at 613-860-4529 and set up a free consultation. The personal injury lawyers at our office deal with many cycling accidents and fatal accidents.

     

    Fatal Car Accident near Carleton Place

    A fatal car accident near Carleton Place on March 28, 2013 at 8:45 pm has claimed two lives.

    The Beckwith Township accident took place on Old Richmond Road near Crooked Side Road.  The collision involved a pick up truck and a small sedan.  Tragically, two occupants of the sedan, both in their very early 20s, died at the scene.

    A 21 year old passenger in the sedan has serious orthopedic injuries as well as head injuries.

    Several of the occupants of the pick up truck are also seriously injured.

    This is a devastating start to the Easter weekend for all families involved.

    What are your options after a serious car accident?

    Everyone involved in this heartbreaking accident near Carleton Place should consult with a personal injury lawyer.   The questions you should ask the lawyer are:

    • Am I entitled to accident benefits and what will they cover?  Most people in Ontario are entitled to coverage for medical and rehabilitation needs and income replacement if they have been injured in a car accident.  This is true regardless of who caused the accident.
    • Do I have a claim for pain and suffering, loss of income and future care costs? Passengers of either vehicle, as well as the driver who is not at fault for the accident, may have a claim against the at fault driver’s insurance company.  An experienced personal injury lawyer can tell you what your rights are and explain the likelihood of success in a claim for compensation.
    • Is there compensation for the families of the young people who died in the accident? There are death benefits, including help with funeral costs,  available through the accident benefits in most situations.  It is also possible to bring a claim for the loss of care, guidance and companionship of your loved one.  A personal injury lawyer can help you determine what your options are. 

    Brenda Hollingsworth helps families after serious tragedies like Thursday’s accident in Carleton Place.  We will come to the hospital or your home to answer your questions, with no obligation at all.  Call Brenda at 613 233-4529 or on her cell at 613 851-4529. 

    Fatal Accident Near Carlsbad Springs

    Carlsbad Springs–  Sadly, a 78-year old woman died in a serious motor vehicle accident near Carlsbad Springs on Sunday, November 25, 2012.  The fatal car accident involved two cars at the intersection of Devine and Frontier Roads.

    The accident happened around 5 p.m.  Read more about the motor vehicle accident in this CBC article: http://www.cbc.ca/news/canada/ottawa/story/2012/11/26/ottawa-fatal-crash-carlsbad-springs.html

    Steps to Take After a Fatal Accident

    After a fatal motor vehicle accident, a family member should apply for no fault benefits (statutory accident benefits), usually through the accident victim’s own car insurance.  There is a death benefit that will be paid to dependants, regardless of who was at fault for the accident.

    There is also insurance coverage to help pay for funeral costs up to a set amount.  An Ottawa personal injury lawyer can help you access these benefits and make sure your family receives all the benefits.

    If the person who died in the accident was not at fault for the motor vehicle accident, family members may also have personal injury claims.  Compensation is available for loss of care, guidance and companionship and also for the deceased person’s loss of income and loss of household services.  An experienced personal injury lawyer can help you bring a fatal accident claim.

    At Auger Hollingsworth Professional Corporation, we regularly represent family members who have lost loved ones in tragic car accidents.  Our initial consultation is always free.  If you are looking for information after a fatal motor vehicle accident, call Auger Hollingsworth at 613 233-4529.  We will help you through this difficult time.

    Bad News for Accident Victims if Police Don’t Attend the Scene

    News reports on Saturday suggest that the Ottawa Police Service is planning to reduce its attendance at motor vehicle accident scenes in order to reduce police costs in this area.  The plan is, apparently, to have people attend a collision reporting centre.

    If this plan solidifies, it will be of vital importance that accident victims be very careful to document the location of the vehicles and how the accident happened with cameras and witness statements.  Currently, there is often little dispute about liability (who is at fault for the accident) because the police document what occurred, speak to by standers and generally invetigate the scene as required.  Without police attendance, there will be a lot more reliance on the honour system.

    Remember that if you are injured after a motor vehicle accident, you can still call the police, even if the injuries are or seem to be “minor”.  What seems minor at the time, may become much worse over the hours or days that follow.

    We believe that injured accidence victims will lose out on fair compensation if the police are not called to the scene.

    For more information about your rights after a motor vehicle accident in Ottawa, call us at 613 233-4529.

    Coroner Releases Report on Ontario Bicycle Accident Deaths

    The Coroner released a report on Ontario bicycle accident deaths from 2006 to 2010.    In particular, the report reviews 129 bicycle deaths during this time period.

    In addition,   the report notes that “in 2009, over 26,000 people in Ontario visited an Emergency Department for treatment of an injury sustained while cycling. Undoubtedly, countless more were injured but did not require medical treatment. Each of these injuries represents a potential fatality – an incident where, had the situation unfolded slightly differently, a death might have occurred.”

    These numbers are staggering,  but not surprising given what we see in our practice.  Here are some of the fascinating conclusions the Coroner’s office drew from rthe eview, along with our comments:

     

    • 86% (111 of 129) of those killed while cycling were male.  This was surprising only because in our practice the number of female cyclists injured is approximately equal to the number of male cyclists.
    • Approximately two-thirds (84 of 129; 65%), of fatal cycling collisions took place in an urban environment, with the other one-third (45 of 129; 35%) occurring in a rural setting.  I suspect this is because serious accidents are more likely at a traffic intersection.
    • The peak age for cycling deaths was 45-54 years; over half of cycling fatalities (66 of 129; 51%) occurred in persons aged 45 and older.  This is different than what we see.  Most of our cycling clients are in their 30’s.
    • Children represented a smaller, but significant, portion of cycling deaths. A total of 19 deaths (15%) occurred in those aged 19 and under; 8 of those (6%) were in children aged 14 or under.  When we have had children injured in a bike accident, their lack of understanding of traffic and traffic signs has often been a factor.
    • Numbers of cycling fatalities in Ontario declined each year from 2006 (41) to 2009 (14), but rose again (to 25) in 2010. We found 2010 to be a high cycling accident year as well.
    • The peak months for cycling fatalities were July, August and September (46%).  When we look at all of the motor vehicle accidents in our practice, not just bicycle accidents, we find that August is the month when the most accidents took place.
    • A total of 96 of the 129 deaths (74%) occurred in the Spring and Summer months.
    • The vast majority of cycling deaths occurred during clear weather, on dry roads, with good visibility.
    • More than half (69 of 129; 53%), of the fatal cycling collisions occurred in daylight conditions.  Given that people are less likely to cycle at night, we think it is pretty scary that almost half of the collisions happened at night.
    • The peak time for fatal collisions (25 of 129; 19%) occurred between 8:00 pm and 10:00 pm.
    • Only 27% (35 of 129) of those who died as the result of a cycling collision were wearing a helmet. Despite mandatory legislation, only 44% (7 of 16) of cyclists under the age of 18 who died were wearing a helmet. Those cyclists whose cause of death included a head injury were three times less likely to be wearing a helmet than those who died of other types of injuries.  We know it is controversial but we support mandatory helmet laws.  We still think you should be compensated for someone else’s negligence if you are not wearing one…
    • In cases where the type of cycling activity was known, 63% of fatal collisions occurred during recreational activities, and 31% during commuting. The balance represented sport cycling activities, either solo or in a group setting.
    • In 44 cases, contributing factors on the part of the cyclist alone were identified. In 33 cases, contributing factors on the part of the driver of a vehicle alone were identified. In 48 cases, contributing factors were identified on the part of both the cyclist and the driver. In three cases, the circumstances of the collision were unclear.  Remember that even in cases where the cyclist was partially at fault, an injured cyclist or the family of a cyclist who has died could make a claim for compensation.

    To read more about the report, check it out here.

    If you are looking for information after a serious cycling accident, contact the Ottawa personal injury lawyers at 613 233-4529.  We will give you free, no obligation information to help you understand your rights after a bicycle accident in Ontario.

    Catastrophic Injury? What is a Catastrophic Injury? Ontario Accident Lawyer

    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.

     

    Ottawa Physiatrists- Who are Ottawa’s Physiatrists

    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:

     

    Acharya,   Meenaxi Surendra Elisabeth   Bruyere Hospital
    43 Bruyere Street
    Ottawa ON K1N 5C8
    Phone: (613) 562-0050
    Fax: (613) 562-6312

     

     

    Besemann,   Markus Heinrich Canadian Forces Health Services HQ
    1745 Alta Vista Drive
    Ottawa ON K1A 0K6
    Phone: (613) 945-6600 Ext. 6515
    Fax: (613) 998-3924

     

     

    Blackmer,   Jeffrey Edwin The Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350
    Fax: (613) 737-9638

     

     

    Buenger,   Usha Rita The Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M5
    Phone: (613) 737-7350 Ext. 75627

     

     

    Dabee,   Vassant Children’s Hospital   of
    Eastern Ontario
    401 Smyth Road
    Ottawa ON K1H 8L1
    Phone: (613) 737-7600 Ext. 2832
    Fax: (613) 738-4878

     

     

    Dojeiji,   Suzan Samantha The Rehabilitation Centre
    505 Smyth Road
    Room 1104
    Ottawa ON    K1H 8M2
    Phone: (613) 737-7350 Ext. 75306
    Fax: (613) 737-6877

     

     

    Dudek,   Nancy Lorraine 505 Smyth     Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350

     

     

    El-Sawy,   Reda Mohamed 381 Kent     Street
    Suite 505
    Ottawa ON K2P 2A8
    Phone: (613) 234-7780
    Fax: (613) 234-6636

     

     

    Finestone,   Hillel Moses c/o Elisabeth Bruyere Hospital
    Department of Physical Medicine
    And Rehabilitation
    75 Bruyere Street
    Ottawa ON K1N 5C8
    Phone: (613) 562-6094
    Fax: (613) 562-6312

     

     

    Khan,   Anjum Sarah Elisabeth   Bruyere Hospital
    Dept of Phys Med and Rehabilitation
    43 Bruyere Street
    Ottawa ON K1N 5C8
    Phone: (613) 562-6262

     

     

    Lentini,   Anthony Campallegio Suite   218
    223 Colonnade Road South
    Ottawa ON K2E 7K3
    Phone: (613) 792-1525
    Fax: (613) 792-3648

     

     

    MacGregor,   Susan Lynne The Rehabilitation   Center
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350 Ext. 75596
    Fax: (613) 737-9638

     

     

    Marks,   Meridith Belle The Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2

     

     

    Marshall,   Shawn Calder The Ottawa   Hospital
    Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-8899 Ext. 75590
    Fax: (613) 737-9638

     

     

    McCormick,   Anna Marie The Children’s Hospital
    of Eastern Ontario
    Rehab PSU
    401 Smyth Road
    Ottawa ON K1H 8L1
    Phone: (613) 737-7600 Ext. 2831
    Fax: (613) 738-4893

     

     

    McKee,   Alexander Carman Suite   2
    3635 Rivergate Way
    Ottawa ON K1V 2A4
    Phone: (613) 739-3459
    Fax: (613) 739-1471

     

     

    Quon,   Deanna Lee The Ottawa   Hospital
    Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350 Ext. 75595

     

     

    Racine,   Francois 595 Chemin Montreal
    Suite 404A
    Ottawa ON    K1K 4L2
    Phone: (613) 745-7399
    Fax: (613) 745-9875

     

     

    Sreenivasan,   Vidya Anandhi The Rehabilitation Centre
    Room 1200
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350 Ext. 75595
    Fax: (613) 737-9638

     

     

    Trudel,   Guy The Rehabilitation Centre
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-8899 Ext. 75591
    Fax: (613) 739-6864

     

     

    Wiebe,   Scott Christopher The Ottawa   Hospital
    Dept of Physical Medicine & Rehab
    Room 1105C
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-7350 Ext. 75596
    Fax: (613) 737-9638

     

     

    Wolff,   Gerald Keith The Rehabilitation Centre Ottawa
    Dept of Physical Medicine & Rehab
    Room 1105
    505 Smyth Road
    Ottawa ON K1H 8M2
    Phone: (613) 737-8899 Ext. 75598
    Fax: (613) 737-9638

     

     

    Yang,   Christine Ping Bruyere Continuing Care
    Physical Medicine & Rehab Service
    43 Bruyere Street
    Ottawa ON K1N 5C8
    Phone: (613) 562-6094
    Fax: (603) 562-6312

    Plantagenet woman Dies in car accident on County Road 17

    OTTAWA LAWYER – Ontario Provincial Police have identified Thérèse Laframboise, age 76,  of Plantagenet as the victim of a fatal car accident on County Road 17 east of Ottawa.   The accident occurred on January 11, 2012, in the afternoon,  west of the Highway 34 overpass in ChamplainTownship.

    It is reported that a  Kia Rio driven by a 33-year-old woman from Hawkesbury was travelling eastbound when it crossed over into the westbound lane and struck Ms. Laframboise’s car.

    There are accident benefits available to family members following a fatal accident.  In the case of a death, the standard amount paid is $25,000 to your eligible spouse, $10,000 for each dependant, and a maximum of $6,000 for funeral expenses. For more information, speak to a personal injury lawyer.

    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.

    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.

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