But It Was Just An Accident!
How many times have we heard that utterance?
An accident happens, someone gets injured or dies, and during legal proceedings the injured person points blame at the “tortfeasor” (the person who caused the accident). But the presence of an injury does not necessarily mean that the tortfeasor was negligent.
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PI lawyers support bill on auto insurance rate-setting
A group of personal injury lawyers with connections to Brampton, Ont. have indicated their support for legislative efforts to end “postal code discrimination” in auto insurance rate-setting.
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Insurer reacts to new distracted driving penalties
The new licence suspensions and $500 minimum fines for distracted driving should remind Ontario motorists not to text and drive, a spokesperson for CAA South Central Ontario predicts.
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Cadieux v. Cloutier, 2018 ONCA 903
Since the start of no-fault auto insurance benefits in Ontario, tort defendants were entitled to deduct collateral benefits the plaintiff received before the tort trial and obtain an assignment for future no-fault benefits that are the same as the damages awarded. The principle is that an injured plaintiff should not receive double recovery i.e. be paid both no-fault insurance benefits and the same type of damage in the tort case.
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Auto insurance brokers receive nearly 20 per cent commission when safest drivers get optional insurance
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In defence of public insurance
British Columbia’s public auto insurer is challenging the view that opening up the market to competition will create efficiencies and better accident benefits.
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Claiming Personal Injury Damages for Whiplash
An injured person may not feel significant symptoms from whiplash for days after their accident, or even longer in some cases. And, whiplash symptoms can be fairly mild and resolve quickly in some cases, but for others, the symptoms can result in chronic pain and compromised mobility that lasts for years.
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The Interaction Between Accident Benefits and the Ontario Disability Support Program (ODSP)
Car crashes often cause serious injuries, which can be long term and require substantial treatment. Some accident victims unfortunately become disabled as a result of their injuries.
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Catastrophic Injuries Infographic
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catastrophic injury is one that causes lasting emotional and physical harm. If an injury negatively impacts your life, such as paralysis or amputation, this is considered catastrophic. Other injuries that can be classified as catastrophic can include brain injury, spinal cord injury, or any injury that requires multiple surgeries or a lengthy stay in the hospital. If your injury impacts your ability to work, this can also be considered catastrophic.
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Mild Traumatic Brain Injury and Effort and Fatigue
It appears that the more we learn about the brain, the more we know we don’t understand. In the latest issue of
Frontiers in Neurology a research paper has been published. There appears to be a strong link between mild TBI and effort and fatigue. Presence of mental fatigue is well noted in individuals with mTBI. The fact that it is often a long term and debilitating symptom is being studied in order to establish the exact causes of the fatigue and to then determine treatment options.
