Author Archives: Admin4

Treatments Are Not Shown Proven Reasonable or Necessary

KK was injured in a car accident on October 20, 2015.   She sought benefits pursuant to the provisions of the SABS, however when Aviva denied of three treatment plans KK applied to the LAT.

https://www.deutschmannlaw.com/blog/post/treatments-are-not-shown-proven-reasonable-or-necessary

Is Social Pain Real Pain?

Does being burned by negative feedback physically hurt? Do broken hearts actually feel broken? Do actions that hurt our feelings cause real pain, or is psychological pain just an analogy? Is it a linguistic coincidence that when our psyche hurts, we use “pain” words to describe how we feel?

https://www.psychologytoday.com/blog/neuroscience-in-everyday-life/201704/is-social-pain-real-pain

My car lost value in a rear-ending, but the insurer won’t write it off

I was rear-ended in stop-and-go traffic on the highway. I wasn’t at fault. The car’s residual value is greatly affected and I would like to have it written off – but the insurance company wants to repair it. It has overappraised my car at $11,800 and says repairing it will cost $8,100. But I checked with several dealerships who say my car was worth only $6,000-$9,000 before the accident and will be worth $3,000-$4,000 after the repairs. I have a loan of $10,150, but I’m willing to meet somewhere in the middle at $10,000 – between the repairs and the cost of the rental car, it’s already costing the insurance company at least that much. How can they do this to me? – Sylvanna, Toronto

https://www.theglobeandmail.com/globe-drive/culture/commuting/my-car-lost-value-in-a-rear-ending-but-the-insurer-wont-write-it-off/article35986680/

Making Sense of Your LTD Coverage

With life being as hectic as it is, it is just too easy to turn our minds from what appears to be the least-pressing issues at the moment. These issues may seem to include the fine print in your long-term disability policy. However, in the event that you become disabled, these mundane details can mean absolutely everything to you and your family. It is important to understand your long-term disability coverage before you need to worry about claiming benefits.

http://otlablog.com/making-sense-of-your-ltd-coverage/

Practical tips & mindset approaches for clients in personal injury cases (Ontario)

In Ontario, if you win your case, a judge cannot award you a victory medal, a ticker tape celebratory parade, or a key to the City in your honour. The Judge also cannot order that the at fault party experience the same pain and suffering which you endure.

https://www.torontoinjurylawyerblog.com/2017/08/practical-tips-mindset-approaches-clients-personal-injury-cases-ontario.html

Accident Benefit Reporter

 

When an Ontarian is injured in a car accident in the United States, navigating the auto 
insurance system and protecting the legal rights of accident victims can be a complicated 
proposition. Ontarians injured anywhere in North America have access to no fault 
Statutory Accident Benefits through their own auto insurance. This covers Ontarians for 
$1,000,000 of coverage in a catastrophic accident, even if the accident is your own fault. 

Ontarians also have no fault income replacement benefits of up to $400 per week

https://www.thomsonrogers.com/wp-content/uploads/2017/08/TR_ABR_UPDATER_August2017_Issue39.pdf

Benefits can be retroactively approved in case where injuries clearly fall outside MIG – YCTT v Certas LAT 16-000872

Y.C. T-T. was injured in a car accident on November 27, 2013. She was the passenger in a car when another car t-boned them. The airbag deployed, and YCTT was taken to hospital by ambulance after describing being thrown forward and backward. X-rays revealed no broken bones. The day after the accident, she visited her family doctor complaining of chest and neck pain. The doctor assessed, among other things, tenderness including at 3rd and 7th costal (rib) cartilage.

https://www.deutschmannlaw.com/blog/post/benefits-can-be-retroactively-approved-in-case-where-injuries-clearly-fall-outside-mig-yctt-v-certas-lat-16-000872

Estimating unreported income can be a challenge in tort personal injury claims

Underground economic activity totalled $45.6 billion in Canada in 2013, or about 2.4 per cent of GDP, according to Statistics Canada. Residential construction, retail trade, accommodation and food services accounted for more than half of the total underground economy, mostly in the form of unreported income through cash payments.

https://www.thelawyersdaily.ca/articles/4424/estimating-unreported-income-can-be-a-challenge-in-tort-personal-injury-claims?category=analysis

Focus: Ruling on CPP a win for accident victims

In Sabean v. Portage La Prairie Mutual Insurance Co., a unanimous seven-judge panel of the nation’s top court ruled the insurer could not deduct a Nova Scotia man’s CPP disability payments from his excess insurance payments according to the province’s standard SEF 44 endorsement.

http://www.lawtimesnews.com/201708216358/focus-on/focus-ruling-on-cpp-a-win-for-accident-victims

Modern Medicine Is Neglecting Road Traffic Crashes

Traffic crashes are a common cause of human suffering, projected to become the fifth leading cause of death in the year 2030 [1]. The current annual worldwide losses amount to about 1.2 million fatalities, 20 million patients surviving with disabilities, and 100 million persons with economic losses from property destruction [2]. Surprisingly, the high burden of traffic crashes remains neglected in medical textbooks, MEDLINE citations, and health research funding agencies [1],[3]. The paradoxical mismatch between relative importance and relative inattention has led to repeated calls for changes to promote more public health protection [4][7]. The purpose of this Essay is to highlight (and juxtapose with counterexamples) factors that underpin the relative neglect of traffic crashes as a cause of patient mortality and morbidity.

http://journals.plos.org/plosmedicine/article?id=10.1371/journal.pmed.1001463