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Posts Categorized: damages

Hurt Before and Now Hurt Again in Accident – Can I Sue?

“I was hurt before in an accident and I was just hurt in a new accident.  Does my previous accident hurt my chances to sue for damages this time around?  Am I allowed to sue for my injuries in this new accident?”

A previous accident should not generally preclude you from suing for injuries in a subsequent accident.  If you suffered serious injuries in the subsequent accident, generally a lawsuit should be considered.

The existence of more than one accident affects the manner in which the lawsuit is argued as between the plaintiff and defendant.… Continue Reading

Pain and Suffering Damages – Changes in Nova Scotia

The most common injury for those involved in car accidents are soft tissue injuries – i.e. neck pain, shoulder pain, back pain, headaches, insomnia (inability to sleep), anxiety, depression and emotional problems – for which an objective cause cannot be definitively identified.

Typically, soft tissue injuries are distinguished from “objective” injuries, such as a broken bone or torn ligament (which can be seen on an x-ray, MRI or CT scan).

Soft tissue injuries rely on the subjective history and complaints of a patient. … Continue Reading

Lawsuit Damages for Pain and Suffering Injuries from Car Accidents – Bill 198 Threshold

Ontario’s current insurance system regulating car accidents includes a “test” or threshold by which only certain injuries can successfully claim damages for pain and suffering arising from a car accident.

That is, only “serious and permanent” injuries can be awarded damages for your pain and suffering.  Lawyers in this area continue to focus on cases that deal with this Bill 198 threshold issue for guidance on what qualifies as serious and permanent pain and suffering damages – i.e. chronic pain, anxiety, depression, inability to sleep (insomnia), radiating pain into your legs / arms / neck / head, being scared of cars and being unable to drive, constant pain in your back, neck, shoulders, etc.… Continue Reading

Trip and Fall in a Busy Costco Store > The 347,496th Customer was Unlucky

Big box retailer Costco recently was ordered to pay damages to a 53 year old retired woman who tripped and fell in January, 2003 while entering the Costco store with her husband.  She tripped over metal floor grates designed to allow dirt and debris from customer footwear to fall below floor level, keeping the area clear for the next customers passing through.

Liability was seriously in dispute.  This busy London, Ontario Costco store had used this metal floor grate system for approximately 18 years without a problem – according to their records. … Continue Reading

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Your New Vehicle is a “Lemon Car”. Do you Arbitrate or Sue in a Lawsuit?

Our thanks to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to provide a response to one of their reader’s questions last Saturday, June 27, 2009.  The article is hereand also in PDF format.

The term “lemon car” refers to legislation in various US states that specifically deal with when a new car is deficient and needs to be replaced/refunded by the manufacturer.  The legislation differs from US state to state, but in essence their laws try to set up objective standards (i.e.… Continue Reading

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Hit and Run Car Accident, Driver Flees after Hitting Cyclists

As a weekend running warrior, this news story in the Globe and Mail of five cyclists injured badly in a hit and run car accident while on their weekly ride resonates.

Hit and run car accidents are, unfortunately, quite common when you practice in this area.  Surprisingly, even people with car insurance coverage sometimes try to escape the responsibility of having caused or being a part of a car accident.  The common victim is a pedestrian or cyclist, injured and lying on the ground and unable to help themselves or chase after the unidentified vehicle. … Continue Reading