It’s a common misconception that one’s case begins the moment that the claimant retains a personal injury lawyer. This is completely wrong. One’s case begins long before that. And, it’s important for a potential claimant to know that their actions will be scrutinized long before a Statement of Claim or Demand Letter has been prepared by your personal injury lawyer.
Author Archives: Admin4
New program promotes brain injury prevention
A new trauma program is helping health-care providers better identify, prevent and manage brain injuries, says the director of emergency programs for Health PEI.
According to provincial statistics, 2,030 Islanders went to an emergency department citing a head injury over the past two years.
http://www.cbc.ca/news/canada/
“Meagre” Plaintiff Income Keeps Court From Awarding Costs to Successful Defendant
In today’s case (Barta v. DaSilva) the Plaintiff was injured in a 2007 collision and sued for damages. The Plaintiff alleged traumatic brain injury and argued that he had millions in losses as a result. At trial a jury rejected the alleged brain injury and awarded damages of $77,000 for the Plaintiff’s proven injuries. Prior to trial ICBC offered to settle the case for $150,000.
Judge Condemns Practice of Ghostwriting Expert Reports
Ghostwriting occurs when the expert relies on another person to prepare all or part of their report. There are different ways this could happen, one scenario could be where a medical expert receives a large volume of medical and rehabilitation records prior to an assessment and, due to a busy clinical practice, does not have time to review and summarize all the records. This review would then be undertaken by someone other than the medical expert whose name is ultimately in the report and who might one day be required to defend the report in Court. This is problematic because the review and summary of these medical records can be used by defence experts to argue that a Plaintiff has been inconsistent in reporting their symptoms.
The Power of Many Customized For One: Mass Torts vs. Class Actions
When a person sustains an injury or suffers damage from a product or incident, there may be several ways to seek a legal remedy – especially if other people have been similarly affected.
How the Family Law Act Helps Injured Victims’ Families
The effects of a car crash often extend beyond the injured victim and have a significant emotional and financial impact on the victim’s family. Those who have been seriously injured may lose their independence or no longer be able to contribute to the family in the capacity they did prior to the accident. In addition, family members may need to take leave from work to provide care and assistance for a loved one.
http://otlablog.com/family-law
Everyone pays for insurance fraud, even the innocent
It’s Fraud Prevention Month, and car insurance costs – especially in Ontario – continue to escalate. While the amount you pay is the usual calculus of where you live, the driving histories of those who drive your car, how difficult the car is to steal and how much it costs to repair, fraudulent claims remain a substantial portion of that bottom line you are charged each year.
http://driving.ca/auto-news/ne
Motor Vehicle Accidents In Parking Lots
Most accidents in parking lots tend to be minor because they do not happen at highway speeds. However, many people (especially pedestrians) have been seriously injured and even killed in parking lot collisions.
http://oatleyvigmond.com/motor
Is it legal in Ontario to drive with a cast on your right leg?
Is it legal to drive with a cast on one’s right leg in Ontario? It’s not a walking cast, just a simple plaster cast from the knee down. If not, is it legal to drive with your left foot? The car is automatic, and is a passenger SUV. Moreover, if the driver were to be involved in an at-fault collision, could the insurance company deny the claim? – Martha, Mississauga, Ont.
Ghost Writing in Medical Reports: Something to be Scared Of?
In the case of Kushnir v Macari, the defendant sought an order for defence medicals with an orthopedic surgeon and a neuropsychologist. The plaintiff sought terms to ensure that the reports were not “ghost written”. The court noted that there were reported decisions where an expert had testified that part of their report was in fact written by someone else.