There are quite a few different things that you might want to take into consideration when it comes to the actual defense in a personal injury case. One of the most important ones, is the way you should proceed with your defense, if you are on the receiving end of a claim. If you’ve been summoned as a defendant under a personal injury claim, you need to make sure that you undertake the best approach in order to conveniently handle the case without having to pay a tremendous amount of money. After all, you are looking for ways to save more. Read More
The auto insurance industry is ever-changing. From year to year new regulations and different options become available to auto owners. In Ontario, the options are becoming limited. Starting June 1, 2016 less benefits became readily available to the people and some companies have stopped offering insurance of this type all together. Read More
If you are involved in a hit-and-run accident is not a good thing for either party involved. Why the victim is left injured and alone? The defendant who left the scene of the accident will face penalties by law when caught. It is never a good idea to leave the scene of an accident. Even if no one else was involved, you will still be penalized for doing so. It is always best to contact help and law enforcement right away and go through the process of dealing with what happened. While you may still face consequences they will be far less serious than those faced when convicted of a hit-and-run. To clarify, a hit-and-run consists of an automobile accident including other drivers, animals, or inanimate objects where the at-fault driver leaves the scene before law enforcement has assessed and recorded the situation. It can also happen anywhere, not just a road. If you are leaving a parking lot, after hitting a parked car falls into this category. Read More
When someone receives a sizeable sum of money because of pay-out on an auto insurance claim the first question they ask is whether or not, they will have to pay taxes on it. This is a good question. In most cases the money given as restitution in an auto claim is not taxable. You may reach a settlement with the insurance company outside of court or in. When and how the claim is processed and the proceedings are followed, does not matter in regards to whether the sum is taxable or not. Personal injury claims are normally the type of accident claim that is taxable. Of course, consulting an accountant is a great option for clarifying any questions you may have regarding taxes on your settlement. Read More
Medical malpractice is definitely one of the most common practice areas in the province of Ontario. The reasons are variable. However, it’s important to note that it is also amongst the most demanding fields because it requires a great deal of expertise and understanding of complex medical terminology. Read More
In order to get the benefits under the insurance policy, the insured enters into a contractual relationship with the insurance company which requires both parties to approach every single action under the contract in good faith. This particular concept encompasses the beginning of the entire relationship when the insured is going to take out the policy and also later on when the insurance company agrees to go ahead and pay out the coverage for a claim. There is a requirement in order to act in good faith and the insured needs to disclose any and every relevant fact to the insurance company as the former applies for said insurance coverage. This entails full and thorough disclosure of all existing and pre-existing medical conditions. Read More
The truth is that there are quite a few different things that you would have to take into account if you have been involved in a car accident and you’ve decided to file a compensation claim with your insurance company. Someone is always going to be at-fault, regardless of whether it’s partially or fully. Read More
There are quite a few different ways that an accident can result in. As unfortunate as it may be, long term disabilities as well as critical illnesses are most definitely a possibility. These are both part of the so called “living policies” which are significantly different from death benefits or any kind of life insurance policies. This is due to the fact that the one who is insured is actually still alive. He is the direct beneficiary and he is able to recover the benefits under the agreement. Read More
As soon as the summer kicks in and we start to approach the hot months, it’s safe to say that people in Ontario hop on their bikes and motorcycles and turn this into the preferred method of transportation. And, quite frankly, you can’t really blame them – the open air is definitely persuasive. However, the more people get on the road, the more accidents start to happen and that’s most definitely unfortunate. That’s why this blog intends to familiarize bikers with the things they need to be aware of.
Now, the first thing that you need to know is that if you have decided to ride your bike, you should have proper insurance. This is determined and duly laid out in the Highway Traffic Act as well as in the Compulsory Automobile Insurance Act. It doesn’t matter that you aren’t in a car – your bike should have coverage as well. If you aren’t abiding by this then you are just asking for trouble. It’s also worth noting that getting the compensation in cases of accidents can be daunting, even if you have the right insurance, let alone if you don’t. However, if you have a reliable injury lawyer on your side, things will get much easier.
Helmets – that’s right – you should wear those
How many times have you seen a biker without a helmet? Okay, it’s true that motorcycle riders are almost always equipped with the helmet but the same goes for those who ride a bike. Not only that, the law specifically says that the helmet itself needs to be tightly and securely fastened under your chin.
Sure, it may not seem fair but it is what it is. You will definitely feel the importance of the helmet in case something happens, which we thoroughly hope it won’t. Now, the truth is that you need to follow helmet safety instructions because they are prerequisite for compensation. Of course, the court isn’t going to deny you compensation because you failed to equip your helmet, but that’s something that could play against you.
Safety of Passengers
One of the things that you need to consider, especially as a motorcycle rider, is that you aren’t allowed to carry passengers less than sixteen years of age. This applies unless the passenger has a helmet which is in full compliance with the regulations and he has a chin strap that’s put in place conveniently. With all this in mind, these are just some of the things that you should take into account. Keep in mind that failing to comply with all these is going to get you a fine – that’s for sure.
And in case, you or a loved one has been injured in a motorcycle accident, it is important to consult a qualified and licensed personal injury lawyer. They will be able to guide you about the best way to seek and win compensation.
Catastrophic injury claims are particularly devastating in Kitchener. From the perspective of an injury lawyer, this is the most difficult type of case that they deal with. The ring to the word catastrophic itself is determining when it comes to it. However, when it comes to the law, this term has a specific meaning, as it is defined in the Insurance Act which is in full force in Ontario.
With this in mind, if you are subjected to compensation for catastrophic damages under the act, you will be eligible for an amount which is greater than the usual. Of course, this sounds a bit abstract, so let’s go ahead and take a more particular and precise look:
1. $1,000,000 in medical as well as thorough rehabilitative benefits – under the Minor Injury Guideline you would be only entitled to $50,000.
2. Up to $1,000,000 in care benefits for attendants, instead of the inconsiderable $36,000 under the aforementioned guidelines.
3. Furthermore, you can claim up to $100/week for housekeeping as well $250/week for a caregiver as well as $50 more for each dependent. Guess how much the guidelines specified above allow for this? Zero!
As you can see, the difference is more than just significant. If your accident is characterized as a “catastrophic” then you would be able to claim a substantial amount of money. However, how to understand whether that’s the case or not? Well, the law is precise.
In order for your accident to be classified as catastrophic, a licensed and practicing doctor has to submit a form OCF-19. This is the shorter name for the Application for Determination of Catastrophic Impairment. There are quite a lot of different criteria which have to be met under the 4th Edition of the AMA Guidelines.
However, one thing that you should consider is that this is a complex and difficult process mainly because the specifications are particularly challenging. A lot of doctors do not feel comfortable filling out the OCF-19 because they are unfamiliar with the language to a certain extend. Furthermore, it is also worth noting that in order to fill it out, the patient needs to have undergone significant and particularly comprehensive medical and more precisely – orthopedic examination.
The best thing that you could do is to go ahead and have an injury lawyer, as well as doctor on your side for this one. It might be an investment, but refer to the numbers outlined above to see whether or not it’s worth it. This form could be the reason for half a million dollars on top of your compensation.
This is precisely, why it is important to hire an injury lawyer to represent your case instead of trying to do it on your own. Most people lose out on the much needed compensation because they decide to represent themselves. Don’t make that mistake but hire a good lawyer.