Archive for the ‘ Personal Injury ’ Category

Bringing a Personal Injury Claim? Beware: The Eye In The Sky May Be Watching You

In Ontario, motor vehicle accident victims who bring lawsuits against negligent parties may be entitled to recover compensation for pain and suffering if they can prove that their injuries amount to a “serious and permanent impairment of an important mental physical and/or psychological function.”  This is known as the threshold test.

As a result, insurance companies defending these claims will sometimes choose to conduct surveillance on the person making the claim, hoping to catch them doing something inconsistent with what they claim they cannot do. This can be done through video surveillance, photographs, or simply written observations over a period of time. Read more

Common Misconceptions About Your Injury Claim

In my legal practice, I have come across a few common misconceptions from clients that I would like to share with you below:

 

1.  If I go back to work, it will only hurt my case so I will stay unemployed during the duration of my case and turn down any opportunities until my case is settled:

There may very well be circumstances preventing you from going back to your pre-accident employment. This might include a doctor’s recommendation or an impairment preventing you from returning to your pre-accident duties. However, to say you will not return to the workplace because it makes you look “less injured” is not a good enough reason. Deciding not to return to work without first making any sort of reasonable attempt to at least inquire about or try doing modified duties or hours would likely raise suspicions of the insurance company on the other side (who ultimately may settle with you or choose to offer you less if anything).  If your case proceeds to trial, ultimately the jury will decide the outcome. As a result, if they sense you are being dishonest, their suspicions may also be triggered resulting in a less desired outcome. Read more

Remedies for Car Accident Victims in Ontario: Looking Beyond the Twisted Metal

 

 

 

Car accidents happen. They are a fact of life on the roads. Unfortunately, when accidents involve motor vehicles travelling at high rates of speed, the results can be devastating. People involved in these accidents may escape without a scratch. Others less fortunate may die or lose limbs or vision. Any number of functional impairments from a motor vehicle accident may greatly diminish one’s quality of life. The legal remedies in place to address these injuries are discussed briefly below. Read more

The Importance of Mitigation: Don’t be the Author of Your Own Misfortune


 

In the case of Ksiazek v. Newport Leasing Ltd., the Plaintiff was sitting in the passenger seat of her friend’s car about to make a left hand turn. Suddenly and with little warning, a pick up truck coming from the opposite direction abruptly turned into the front of the Plaintiff’s car.  The Plaintiff suffered several injuries including two fractured fingers, which required the insertion of pins accompanied by a cast. She also suffered lower back pain, a fractured sternum, soft tissue injuries, and depression amongst several other injuries. The Defendant admitted fault.

At trial, a substantial portion of the Plaintiff’s claim was for compensation relating to Past Income Loss and for Pain and Suffering.

The court awarded the Plaintiff compensation for each of these. However, the court noted the Plaintiff’s failure to mitigate her losses.  As such, it awarded her 25% less than what she would have been entitled to. Read more

Has Your Pet Been Injured or Killed?: Compensation for Emotional Distress on the Rise

 

Traditionally, pets have been treated as property under the eyes of the law. That being the case, a pet owner attempting to obtain compensation for the death or injury of his/her pet was limited to the fair market value of the pet at the time of loss, plus any related costs incurred (such as veterinarian bills etc.). Thoughts of even awarding a pet owner general damages for “pain and suffering”, “mental and emotional anguish”, or “loss of companionship” for their pet’s loss, death or injury was unheard of in Canada. A pet’s loss was seen as no different  than losing a  Laptop computer or other prized personal property. Read more

Medication Errors Cause For Concern: Think Before You Pop That Pill

 

 

With approximately 422 million prescription bottles being filled up in Canada each year, it’s no wonder why medication errors are becoming very real concerns. The causes for these errors are still being researched further, but illegible doctor handwriting is likely one of several contributing factors.

One 81-year-old British Columbia woman, Nesta De Roy learned the hard way when she visited her pharmacist for a refill on blood pressure medication. Her pharmacist provided her with a bottle of new pills-identical in appearance to her last prescription, which she was to take every morning for two weeks. Unknown to her, these new pills were actually heavy sedatives-not the blood pressure medication she was expecting.  After complaining to family and friends about feelings of dizziness and drowsiness, she just assumed these were a normal part of  aging and didn’t think much of it. One day shortly after, she got behind the wheel of her car and crashed into a car dealership window. She lost consciousness for 15 minutes and narrowly escaped death. Read more

Fluoride in Your Water Supply: Poisonous or Miraculous?…You Decide

Chances are that if you live in North America, your tap water contains trace amounts of Fluoride intentionally added to the water supply by local, provincial or state governments.

The obvious benefits asserted by proponents of Water Fluoridation are that when added in trace amounts, Fluoride will safely and effectively combat tooth decay. Proponents also claim that Fluoridation Promotes societal health even to the disadvantaged and most vulnerable. Read more

Bedbug Barristers: An Emerging Legal Niche

Bedbug outbreaks are reaching pandemic proportions.  These critters multiply quickly and spread easily and thousands of bedbug sightings are reported every year in Toronto alone at increasing numbers. Bedbugs know no boundaries and have been known to infest living environments ranging from Motel 6 to five star hotels, and multi-million dollar condominiums. If you have blood in your veins, then you are susceptible to infestation regardless of your personal wealth or living quarters. Anybody can get bedbug infestations and nobody is immune. Read more

Car Accident Victims in Ontario Face Legal Hurdles After Their Injuries

The summer has officially arrived.  Along with the arrival of summer comes the thrill of driving; the long weekends; the cold beers; and of course lots of tragic car accidents. Who will sustain “permanent and serious impairment of an important physical, mental or psychological function or sustain permanent serious disfigurement” and be entitled to general damages for pain and suffering? The answer to this question is dependent on how the Ontario courts apply what has become known as the “Threshold Test.” Read more

British Petroleum’s Impending Liability: When the Oil Driller Gets Drilled


Following BP’s recently failed attempts to plug up its leaking oil well in the Gulf of Mexico, the economic and environmental impacts associated with the leak have reached a historically unprecedented level. By comparison, the 1989 Exxon Valdez oil spill in Alaska ended with a $500 million dollar judgment against Exxon, drastically lowered from $5 billion on the ruling of the United States Supreme Court. However, the potential losses the BP leak will impose on the 5 Gulf States alone affected by this leak are staggering. Estimates of anticipated liability associated with BP’s oil leak have already been suggested to fall anywhere from $20 to $50 billion dollars in actual damages, not including punitive damages.

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