Posts Categorized: motor vehicle accident
Ontario’s Car Insurance System – Update
On behalf of Bougadis, Chang LLP Barristers posted in insurance law, motor vehicle accident on
How are Ontario car insurance premiums determined?
Where do you find about whether your car insurance premiums are going up or down?
Readers may wish to review FSCO’s (Financial Services Commission of Ontario) quarterly rate approval page. By the most recent approvals in late 2009, it appears that insurance rates will increase – from zero to 15% increases were granted. The Toronto Star’s James Dawrecently explained the issue.
Background information about wide-ranging reforms of Ontario’s car insurance regime, including how Accident Benefits claims and tort lawsuit actions are to be governed, is available at our Nov 2/2009 blog and also our April 7/2009 blog.… Continue Reading
Hurt Before and Now Hurt Again in Accident – Can I Sue?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury, Uncategorized on
“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
Pedestrian Deaths and Injuries – Fault, Blame, Negligence and Senseless Waste
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident, pedestrian accident, personal injury, road safety on
Recently in the Toronto area, there have been rash of pedestrian deaths and this has captured some of the media spotlight.
We remind readers that the issue is not that there are approximately 30 pedestrian deaths per year. The issue is that approximately 2,300 people are injured as pedestrians every year in the Toronto area.
2,300 injured pedestrians per year.
What would it cost most drivers to avoid an accident? The inconvenience of slowing down by taking your foot off the accelerator or depressing your brakes?… Continue Reading
Pain and Suffering Damages – Changes in Nova Scotia
On behalf of Bougadis, Chang LLP Barristers posted in damages, insurance law, motor vehicle accident, pain and suffering, personal injury on
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
Faster Lawsuits – Summary Judgment Motion Changes
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, evidence, motion, motor vehicle accident, news & events, summary judgment on
The rules governing the way civil lawsuits are conducted in Ontario have changed – see January 25, 2010 blog and March 11, 2009 blog.
For lawsuits which seek more than $25,000, one of the most significant changes is to the rule governing summary judgment motions.
A “summary judgment motion” is an early Court attendance where one party tries to end the lawsuit very early, before Trial, on the basis that the case is so strong in their favour that they can show that they should and almost certainly will succeed at Trial.… Continue Reading
Lawsuit Damages for Pain and Suffering Injuries from Car Accidents – Bill 198 Threshold
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury on
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
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