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Toronto Personal Injury Law Blog

Medical, rehabilitation benefits for Ontario accident victims

People who are victims of car accidents may be entitled to medical and rehabilitation benefits under the Insurance Act, otherwise known as the Statutory Accident Benefits Schedule, if they were insured at the time of the crashes. These minimum benefits are stipulated in the Act for victims who become impaired.

The Act provides that all the necessary and reasonable medical expenses that the injured incurred, be reimbursed or paid for. This includes ambulance, hospital, surgical, nursing, optometric and dental services. Other medical benefits that are typically included are medications, mobility devices, hearing aids, occupational therapy and chiropractic services. Other medical services that the victims required as a result of their injuries may be covered also.

Head-on collision leaves 1 man dead in 3-car crash

Ontario drivers may be interested in the story of a three-car accident that occurred in York Region. An out-of-control SUV driven by a man traveling southbound on Highway 48 reportedly caused a head-on collision that resulted in one driver's death.

On the afternoon of Dec. 9 around 3:30 p.m., a pickup truck with a snowplow affixed to the front was traveling north on Highway 48. As it drove past Ravenshoe Road in Georgina, an SUV traveling in the opposite direction struck the side of the pickup's snowplow. A spokesperson from the Ontario Provincial Police says that the SUV then lost control and ended up in the northbound lane. The SUV, driven by a man from Quebec, collided with an oncoming minivan, killing the minivan's driver.

Traumatic brain injuries after a car accident

Each year in Ontario, many people suffer from traumatic brain injuries in car accidents, diving accidents, falls and sports. When you or a loved one have suffered a traumatic brain injury, you may be facing a lifetime of devastating personal injuries.

You may have experienced a permanent change in your personality, a loss of senses including touch, taste, sight or smell or cognitive impairments. Some people with brain injuries have difficulty with speaking and other forms of communication as well. You or your loved one may have memory problems, an inability to control your emotions, fine motor skill impairments and difficulty with reading or writing.

Icy conditions increase risk of slip-and-fall accidents

Slip-and-fall accidents can result in serious injuries, and Ontario residents are at a much greater risk for being involved in these kinds of accidents during icy weather conditions. When walking on wet sidewalks or driveways on particularly cold days, it is a good idea to take each step with caution in case there is any ice on the ground.

Injuries sustained after an icy slip-and-fall accident can range from a minor muscle strain to permanent spinal cord damage. After suffering from a muscle strain or sprain, individuals can normally recover from their injuries with rest, anti-inflammatory medication, and heat and ice packs. Unless they are particularly severe, tailbone injuries and compression fractures can usually be treated in the same way.

Premises liability of occupiers

Occupiers of property in Ontario are obligated by law to keep their premises safe for guests or residents who use them. If an occupier fails to keep their premises free of hazards, they could be held liable for injuries that are sustained as a result. In cases where there is a landlord and tenant, the property may have more than one liable occupier.

When there is a question of whether or not an occupier is liable for injuries sustained on his or her property, a court will look at various issues involved in the accident. If the accident was caused by a hazard on the property, the court will try to determine whether the hazard was foreseeable and allowed to remain on the property for an unreasonable period. A court will also consider whether the occupier kept their premises properly maintained and whether the occupier inspected the property on a regular basis.

Recovering damages for fatal accidents in Canada

Sadly, many people in Canada and in Ontario lose their lives each year in motor vehicle accidents. The law provides loved ones the ability to sue on behalf of the deceased person, in order to recover damages for the pecuniary losses they have suffered as a result of the death.

The Family Law Act provides that the spouse, children, parents, grandparents and siblings of the decedent may all recover damages by filing a civil lawsuit against the negligent driver. The Act also outlines specific categories of available damages through such a suit.

Understanding the different types of skull fractures

Ontario residents may be intrigued to know that there are different types of skull fractures, each of them distinct. For example, two of the more common types are compound and depressed skull fractures. With compound fractures, there are cuts in the scalp and fractures in the skull. With depressed fractures, pieces of the skull break and move toward the brain.

Skull fractures constitute a penetrating brain injury acquired typically through some sort of traumatic event, such as a physical assault or an auto accident. If an accident victim were to suffer a petrous bone fracture, which often causes large areas of bruising to occur below the ear and on the neck, that individual might experience nerve damage that adversely affects the sense of hearing.

Wrong-way drunk driver kills 1 in highway crash

Ontario Provincial Police confirmed that a 31-year-old man from St. Catharines was killed in a wrong way crash on Oct. 21. According to police, an attempt was made to intercept the wrong-way vehicle prior to the two-car accident. The collision occurred before the police were able to stop the negligent driver.

Police were alerted to the presence of the wrong-way driver when a 911 call came in at 5:12 a.m. The caller reported seeing a blue Toyota Tundra travelling in the opposite direction of traffic along the QEW, going towards Niagara. Approximately one minute later, the Toyota collided head-on with a Buick sedan near the intersection of Fifty Road.

Who can be held liable for a traumatic brain injury?

According to the Ontario Brain Injury Association, more than 1 million children in the United States and Canada suffer traumatic brain injuries every year. Some of the incidents that cause these injuries are sports, bicycle and motor vehicle accidents, and most of them result in litigation. This makes it important for parents to be aware of who is liable for causing brain injuries of children and how the justice system works.

When a case for personal injury is filed, a person or entity must be named as liable for causing the injury. The liable person or entity is referred to as the defendant. Since a brain injury is most likely to occur during a traumatic event, the usual basis for liability lies with the negligent actions of the defendant. Negligence is the failure to exercise the degree of care that a prudent person is obligated to exhibit.

Understanding and dealing with spinal cord injuries

There are various situations that can contribute to a spinal cord injury, and some injuries can be more severe than others are. An Ontario resident may wonder how to manage living a normal life in extreme cases. The adjustments necessary to achieve a quality of life that a victim held prior to the injury can be significant, especially in cases involving paraplegia or quadriplegia. Paraplegia is the loss of sensation and motion in the legs and lower portion of the body, and quadriplegia is the loss of sensation and motion in the arms and chest as well as in the lower part of the body.

After spinal damage occurs, a hospital begins treatment promptly in order to limit the potential for further damage. Steroids may be administered in order to address swelling, and X-rays and other imaging techniques are used to identify the location of an injury. Additional testing is performed to pinpoint areas where sensation has been lost. If recovery is likely, it usually takes place during the initial six months after an injury.