Author Archives: Admin4

Invisible injuries: don’t dismiss concussion symptoms

Ignoring or being unaware of the symptoms of a concussion can have fatal consequences, Toronto personal injury lawyer Alison Burrison tells AdvocateDaily.com.

Concussions are sometimes called “invisible injuries” since they often don’t show up in traditional medical imaging such as a CT scan or an MRI, she says.

http://www.advocatedaily.com/alison-burrison-invisible-injuries-dont-dismiss-concussion-symptoms.html

Marshall report would deny natural justice to many claimants

This past April, David Marshall, at the request of the Ontario government, delivered his first and final report pertaining to his review of the province’s auto insurance system, entitled “Fair Benefits Fairly Delivered.”

https://www.thelawyersdaily.ca/personalinjury/articles/4865/marshall-report-would-deny-natural-justice-to-many-claimants-alexander-voudouris

Auto Insurance Industry Reaps Profits As Accident Victims Pay The Price Of Reforms

Starting in 1990, successive Ontario governments under pressure to reduce the rising costs of automobile insurance engaged in a long history of changing and amending the way that victims of car accidents would be compensated for their losses and obtain treatment on a timely basis.  The emphasis now was on “no-fault” or “accident benefits where the injured person’s own insurer would cover much of the treatment and economic losses suffered.  The right to sue negligent motorists still existed (“tort”), but in a very limited form. (Check out our blog on Five common myths About Making a Claim After a Car Accident)

http://kellysinghlaw.com/accident-benefits-blog/

Costs rising as severe collisions rise

The auto insurance market in Canada is being stretched by the increasing severity of collisions and no reduction in accidents overall. A speaker at the National Insurance Conference of Canada (NICC) last week said the situation is causing “big cost pressures upward on severity coming from both injuries and the repairs of cars themselves.”

https://www.shopinsurancecanada.ca/blog/news/costs-rising-as-severe-collisions-rise/

Mediation favoured for resolving personal injury claims

Without contingency fees, people would not otherwise be able to afford a lawyer, says Toronto mediator Victoria Romero.

Those suing for pain, suffering and economic losses need to prove they are not at fault, that their injuries are severe and permanent and prevent them from performing an important aspect of their lives, such as working, she tells AdvocateDaily.com.

http://www.advocatedaily.com/victoria-romero-mediation-favoured-for-resolving-personal-injury-claims.html

ABR Updater: Statutory Accident Benefits Schedule Discriminates Against Chronic Pain Victims And Violates Charter Rights

On September 14, 2017, FSCO Arbitrator Benjamin Drory declared that the Minor Injury Guideline (“MIG”) insofar as it applies to “chronic pain” victims of motor vehicle accidents is unconstitutional and in violation of section 15 of the Charter of Rights and Freedoms.

The decision rendered in Abyan v. Sovereign General Insurance Company is a landmark ruling that addresses the issue of discrimination in the Statutory Accident Benefits Schedule (SABS).

https://www.thomsonrogers.com/news/abr-updater-statutory-accident-benefits-schedule-discriminates-against-chronic-pain-victims-and-violates-charter-rights/

Judge rejects Insurer’s Hired-Gun Expert and agrees that Plaintiff’s Knee Injury meets Threshold for Damages

The 2017 civil action, Shaw v. Mkheyan, arose when the injured plaintiff brought a claim for damages against the Defendants, as a result of a 2009 motor vehicle collision between the parties. At the conclusion of the trial, the jury awarded the Plaintiff general (non-pecuniary) damages, as well as damages for future health care costs and future housekeeping expenses.

https://www.personalinjurylawyerservice.ca/blog/court-rules-that-car-accident-caused-plaintiffs-osteoarthritis-to-become-symptomatic

Things you need to know about Attendant Care Benefits after a car accident in Ontario

The law surrounding attendant care benefits has changed significantly since they were conceived under the Statutory Accident Benefits Schedule (SABS) and Insurance Act. For whatever reason, insurers and the government like to tinker with attendant care benefits thereby changing the laws on what seems to be an annual basis.

https://www.torontoinjurylawyerblog.com/2017/10/things-need-know-attendant-care-benefits-car-accident-ontario.html

Long-Term Disability Series Part 2 – What is an Offset?

What does the term “offset” mean and how does it apply to your long-term disability claim?

You may not be aware that many insurance policies contain a provision that allows the insurer to reduce the amount of your monthly benefit if you receive benefits from certain sources (“offsets”). The sources referred to for the most part relate to income you would be receiving because of your current disability.

https://www.awaxmanlaw.ca/blog/ltd-series-2-what-is-an-offset

Life After Concussion: Dealing With Post Concussion Syndrome

When you suffer a concussion, symptoms usually go away either on their own or with the right concussion treatment process. However, sometimes in the aftermath symptoms don’t always disappear: this is known as post concussion syndrome.

Approximately 10% of high school athletes who suffer a concussion develop post concussion syndrome. Additionally, about 5 to 30% of other age groups and populations suffer from it.

http://contelawyers.ca/what-is-post-concussion-syndrome/