Jane is a 59-year-old real estate lawyer who was injured in a car accident. She will be unable to continue working. Jane is claiming she has suffered a loss of income due to her injuries, and she has estimated her losses based on her earnings immediately before the accident, projected out until her planned retirement age of 67.
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Court Rejects Defence Doctor As Not A “Reliable and Credible Witness”
In today’s case (Palangio v. Tso) the Plaintiff was injured in two collisions and sued for damages. The Defendants admitted fault but disputed the plaintiff’s injuries. In the course of the lawsuit the Defendants had the Plaintiff assessed by an orthopaedic surgeon who provided an opinion minimizing the plaintiff’s injuries. In finding that this expert witness lacked reliability and credibility Madam Justice E.A. Arnold-Bailey provided the following critical comments
FAIR letter to Ontario MPPs and the media
They say you reap what you sow but in the case of Ontario’s vulnerable and injured car accident survivors – they are reaping the sorrow for poorly conceived auto insurance legislation and a harmful lack of oversight for medical ‘experts’ examinations/reports and that means there’s a long line-up to have their cases heard in court.
The Insurer Medical Examinations (IMEs) are out of control and the recent media coverage in the Toronto Star and the National Post has exposed this seamy underbelly of medicine. Insurer ‘experts’ are making hundreds of thousands of dollars a year, some at $77,000 a month, and the medical evidence is so poorly crafted, so partisan and unacceptable that Ontario judges are at a loss on how to stem the dishonest testimony. It’s widespread, it’s shameful and it isn’t going to stop until the government steps up and speaks out for the ill and injured and forces Colleges to do their duty.
Auto insurance basic accident benefits package wholly insufficient
When motor vehicle accident (MVA) victims have to file an insurance claim to access the benefits package in their auto insurance policy, they may then discover, for the first time, what little accident benefits they actually have. Unless they looked closely at their policy, many will only then learn from their insurance adjusters that their benefits package is a standard package which provides $50,000 coverage for actual medical treatment and rehab over a five-year period for moderate to serious injuries and $1 million for catastrophic injuries for people requiring care for the rest of their lives. Income replacement is also set at a maximum of $400 per week based on 70% of one’s income.
What to do after you’ve been involved in a car accident (Ontario)
Our personal injury lawyers constantly field questions from prospective clients regarding the basic steps of what to do after they’ve been involved in a car accident in Ontario.
We must admit, the laws surrounding car accidents in Ontario are confusing. They certainly aren’t straight forward by any means. It comes as no surprise to our lawyers that people have questions, and LOTS of them!
Mom’s horrific accident shows why you should never put your feet on the dashboard
For years Audra Tatum’s husband repeatedly warned her to not put her feet up on the dashboard of the car when she was a passenger as it was a dangerous habit.
The mother of three from Walker County, Ga., never heeded her husband’s warning. It was a mistake that would impact the rest of her life. She argued that she would have enough time to bring her feet down should an accident happen.
Deduction of CPP, LTD and STD Permitted from IRB
Jim Cousins was injured in a car accident on October 29, 2013 and sought accident benefits from TD payable under the Schedule however, when the parties were unable to resolve their disputes through mediation Mr. Cousins applied for arbitration at the FSCO.
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Brain injury patient goes back to school to help others with brain injuries
Jay Dukeshire’s recovery from an Acquired Brain Injury at Hamilton General Hospital earned him the nickname “Medical Mystery” eight years ago.
Now, he’s turning his life towards helping others with ABI and will be a part of the inaugural class at Mohawk College’s brand new Brain Disorders Management certificate program this fall. It means he’s soon be bringing his own experiences in the long and uncertain road back from brain injury to the aid of others.
ICBC’s legal fees are one reason behind premium hikes
Legal fights are one of the reasons ICBC is losing big bucks, costing a quarter of every dollar the public auto insurer spends – and observers say a smarter approach could lower costs and stop lawsuits before they start.
More crash victims are lawyering up, and they’re getting bigger settlements, even as the number of crashes is on the rise – a perfect storm for ICBC that has resulted in a premium hike this week.
The Economic Loss Expert
When you have been injured in an accident, one of the objectives of financial compensation awarded by a judge or jury is to put you, the Plaintiff, in the same financial position you would have been in had your accident not occurred. In this regard, your lawyer may retain an accountant or economist, and sometimes an actuary, to help calculate these financial losses arising out of your accident.