Fatal Truck Accidents in Ottawa Kill Two | Ottawa Lawyer

Several devastating Ottawa motor vehicle accidents this week have left families grieving.

On Wednesday, February 16, 2010, a 64 year old man was killed as a pedestrian when he was struck by a dump truck.  The truck driver was turning right onto Metcalfe Street from Laurier Avenue in downtown Ottawa.

On Thursday, February 17, 2010, a two year old boy was killed when the car he was riding in was reportedly struck from behind by a truck while driving on the Queensway.  The driver of the car, the boy’s stepfather, was also injured.

Our condolences to the families of those who lost their lives.



Dans notre cabinet d’avocat votre première consultation est toujours sans frais.

Nous traitons la plupart des cas de préjudices corporels sur une base d’honoraires conditionnels. Cela signifie que nous recevons un pourcentage du montant que nous allons récupérer pour vous. Si jamais nous n’avons pas réçu cet argent pour vous, vous ne payez rien.

En outre, on peut envisager pour votre cas en préjudices corporels sur une base horaire si vous voulez. Cela signifie que vous payez pour chaque heure que nous travaillons pour vous. Si vous êtes intéressé à cet arrangement, veuillez contacter notre cabinet et nous serons heureux de discuter avec vous.

D’après notre expérience, nous avons constaté que l’arrangement d’honoraires conditionnels est ce que la plupart de nos clients préfèrent. C’est parce que la plupart de victimes blessées ne peuvent pas se permettre de payer le coût d’engager un avocat par l’heure.

Vous êtes légalement responsable des frais que nous payons en votre nom. Vous pouvez choisir de commencer à payer ces frais sur une base régulière. Par contre si nous avons prévu un arrangement, nous pouvons payer les frais pour vous. Votre décision aura des répercussions sur le pourcentage de nos honoraires.

Si nous payons ces frais pour vous, le montant de l’argent sera déduit du montant du réglement. Cependant, vous serez content de savoir que nous n’exigeons pas des intérêts ou tout autre frais pour cet argent avancé. En outre, notre cabinet paye à votre place tous les frais téléphoniques, les polycopies, les frais pour le fax ou le courrier, contrairement à de nombreux autres cabinets qui facturent leurs clients. C’est une façon de plus de vous montrer que nous sommes disposés à vous aider à obtenir l’argent que vous méritez — et à s’assurer que ce soit une justice.

Les avocats de l’Ontario ont des règles de déontologie qu’ils doivent respecter. Leurs honoraires sont également régis par la Loi sur les procureurs.

Ottawa Lawyer:Don’t Forget to Buy Disability Insurance…

Don’t Forget to Buy Disability Insurance…

I spoke to a shocked professional man today who called for a free consultation with an Ottawa personal injury lawyer.  He was shocked because I confirmed what his Ontario accident benefit insurer’s adjuster told him.  The maximum income replacement benefit he was eligible to receive was $400 per week.  Plus, if he worked enough each week to earn $400, he would get nothing, even if his weekly earnings were more than $1500 before the accident.

For medium and high income earners, it is unwise in the extreme to rely exclusively on the Ontario auto accident insurance regime to assist you financially after an accident.  First, the Ontario income replacement benefit amount is low.  Second, the Ontario income replacement benefit decreases by every penny you make while you are disabled.  Third, there are many ways to be disabled that would not make you eligible for Ontario income replacement benefits.

Although in many cases my clients recover their loss of income from the person who was responsible for the accident, that process is rarely quick and painless.  Your mortgage is due long before your case against an at-fault driver will be settled.  What do you do to meet your expenses in the meantime?

Financial planning requires planning for disability.  As my Ottawa personal injury practice has taught me, anything can happen at any time.  In an average week, I speak to no fewer than 10 Ottawa residents who cannot work because of an accident, of one type or another.  For those who are self-employed and who are without disability insurance, the situation is soon dire.

If you are self-employed, please make this the month that you look after purchasing disability insurance to protect yourself and those who rely on you.

If you have been injured in an Ontario accident, make sure you speak with a personal injury lawyer who can help you get the best possible compensation for your injuries. For more information, contact the Ottawa injury lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Accident Benefit Lawyer: Using Your Extended Health Care Benefits

Accident Benefit Lawyer: Using Your Extended Health Care Benefits

Ask a Personal Injury Lawyer:  Why do I have to put my medical expenses through my medical benefits from work before the accident benefit insurer will pay me?

Personal Injury Lawyer’s Answer: Ontario accident victims often ask why their insurance company requires them to use the extended health care benefits available through their work or other private insurer before the accident benefits policy will pay.  This requirement is frustrating to clients because they fear that they will use up fixed benefits that their employer provides on the accident.  What happens if they then have another accident or illness and the work place benefits are used up?

The short answer to this question is that Statutory Accident Benefits specifically state that you have to use any other insurance available to you first.  The Statutory Accident Benefits, also known as no-fault benefits, specifically say that payment of a medical, rehabilitation or attendant care benefit is not required for that portion of any expense for which payment is reasonably available to the insured person under any insurance plan or law.

We are well aware that this may be a hardship for some.  However, working with a skilled motor vehicle accident lawyer can assist you to maximize your recovery for your accident and therefore minimize the financial impact of your accident.  If you have questions about the Statutory Accident Benefits, contact us at [email protected].  We’d be happy to speak to you about it.

Ottawa Lawyer: Build a better bike helmet to avoid head injury

Ottawa Lawyer: Build a better bike helmet to avoid head injury

Avoiding child head injuries and child spinal cord injury is a pressing issue for all Ottawa parents, especially when those parents are also personal injury lawyers who see the damage a bike accident can cause.  There is progress toward this shared goal.  Researchers have been working towards a new design for a bicycle helmet which would more effectively prevent injuries to the spinal cord. This new design is made to lessen the compression that occurs in the vertebrae. Would you wear one?


The Ottawa personal injury lawyers at Auger Hollingsworth have successfully represented children who have been injured while riding their bicycles.  If you have a question about your child’s bicycle accident, contact us at [email protected]

Ottawa Lawyer: Teens and Youth in Motor Vehicle Accidents

Ottawa Lawyer: Teens and Youth in Motor Vehicle Accidents

As personal injury lawyers we find these numbers very troubling.

In Canada, over 700 young people (aged 15-24) are killed every year in road crashes, including car accidents, truck accidents and other motor vehicle accidents. On top of that, around 50,000 children are seriously injured in car accidents. These numbers make motor vehicle crashes the leading cause of death among young people, surpassing suicides and other accidents. The Traffic Injury Research Foundation addresses this issue and its future trends in detail and emphasizes the importance of finding new effective initiatives to prevent so many deaths and injuries.


If your teen has been in an accident, speak to an experienced personal injury lawyer.  Ottawa lawyers Richard Auger or Brenda Hollingsworth will speak to you if you call 613 233-4529 or email [email protected]

5 Tips to Make the Most of your Medical Consultation | Ontario Lawyer

5 Tips to Make the Most of your Medical Consultation

If you have been injured in an Ontario car accident or other accident and plan to seek compensation from the person who caused the accident, it is very important that you obtain quality medical care.  This article addresses an important issue our injured clients face.

This article is based on excerpts from the recently published book “Your Health in the Information Age – how you and your doctor can use the Internet to work together”

by Peter Yellowlees MD.

Consultations with your doctor can be rushed and stressful, and it is common for patients to forget to ask key questions during the actual consultation itself.

While doctors often effectively have an “agenda” of issues to work through in a consultation,such as taking a history, performing an examination and ordering tests, issues of importance from a patients perspective can often be left out, so patients need to think about their own agenda, and what they would like to get out of any consultation. It is important to work out what are the most important questions to ask your doctor to make sure you get the most out of your consultation, and consequently receive the most appropriate treatment, and make sure that your own agenda is addressed?

How can you make sure that you remember to ask the questions that are of most concern to you?

As a practicing physician, here are my suggestions:

1. Do as much research as possible before you see your doctor – let’s face it you don’t go and see your accountant to do your taxes without collecting information beforehand, and thinking about the issues you want to discuss. Do the same with your doctor. The Internet is the easiest source of information to use, and the US Government Agency for Healthcare Research and Quality (AHRQ) has an excellent site where you will find a comprehensive series of questions on many different health topics.

2. Write down your questions – and if necessary take a list with you, including a second copy for your doctor.

3. Prioritize your questions – ask the most important ones first – don’t waste time asking about the payment process when you are really worried about whether you have cancer or diabetes.

4. Take someone with you if you have questions that are really concerning you – two sets of ears are better than one – and make sure you have discussed your needs with your friend or family member before the consultation so that they can help you get answers if necessary.

5 Write down the answers – even if this is just a rapid note. Research has shown that only 20% of the information given during a medical consultation is remembered one week later – but if it’s written down, the percentage recall is much higher.

Asking good questions is essential in any medical consultation, and it is incumbent on patients to take responsibility for their health and find out as much as possible of relevance so that they can make good decisions in partnership with their doctors.

Available at http://www.InformationAgeHealth.com and most online bookstores

For more information about your personal injury accident claim, contact the personal injury lawyers at Auger Hollingsworth at 613 233-4529.

Ontario Lawyer Distracted Driving Laws: Prevention and Options

Ontario Lawyer Cell Phone Ontario Accidents: Prevention & Options

Auto accidents, and resultant injury, in Ottawa and other parts of Ontario are often caused when drivers become distracted by cell phones and other digital devices.

And in a world where Blackberries, iPhones, and other wireless devices are increasingly used for work outside of business hours, drivers have to try harder to fight that distraction.

A CareerBuilder Canada study published in March found that 51 per cent of Canadian workers regularly check and use their cell phones while driving. In addition, 15 per cent of survey respondents said their companies require them to be accessible by phone outside of the workplace.

Professional pressures regularly tempt workers to try juggling those work-related conversations and correspondence with their immediate task: driving safely. But in Ontario, choosing to do so is a dangerous idea with very real consequences.

Cell Phones, Vehicles, and the Law

In October of 2009, the provincial government passed legislation banning the use of cell phones and other wireless entertainment devices while behind the wheel. As a result, drivers caught talking or typing on a wireless device can be pulled over and fined up to $500.

If a driver gets into an auto accident while using any such device, the consequences are much more serious. If it is found that one of the drivers in an Ontario car accident was using a cell phone or other device, that driver is very likely to be found at fault for the accident and charged with Careless Driving.

Drivers convicted with Careless Driving in Ontario must pay a fine between $400 and $2000, and receive six demerit points on their driving record. In addition, having an at-fault accident on your record will increase your insurance premiums by 50 per cent, and a history of careless driving is likely to drive those premiums even higher.

Your Options as an Employee

Ontario and several other provinces are “fault jurisdictions,” where employers may share liability for a cell-phone-related accident.

If the cell phone or wireless device was issued to the driver by his or her workplace, that employer is directly liable, and the accident victim has a strong case to bring forward against them. If the cell phone or device was a personal purchase, but was being used for business purposes at the time of the accident, then the employer is vicariously liable and can still be challenged for compensation.

Driving Safety Tips for Wireless-Connected Workers

–          You cannot be obligated, by your employer, to answer work-related phone calls while driving.

–          Turn off your cell phone before you begin driving. If you are expecting a phone call concerning urgent matters and must leave it on, pull over in a safe location before answering or checking the device.

If you have been in a serious car accident involving a driver who was violating Ontario’s law against using hand-held devices while driving, contact the Ottawa injury lawyers at Auger Hollingsworth by email [email protected] or telephone 613 233-4529.

  • Auger Hollingsworth Personal Injury Lawyers representing injured people in Ottawa, Smiths Falls, Perth, Cornwall, Kingston, Renfrew, Lanark, Pembroke, Petawawa and Hawksbury, Toronto, Peterboroght, L'Orignal. Note: This Website Provides Information but not legal advice. Contact a lawyer for legal advice about your case. Every case is different.
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