Posts Categorized: motor vehicle accident
Car Accident Injuries > How Much is Your Pain and Suffering Worth?
On behalf of Bougadis, Chang LLP Barristers posted in bill 198 threshold, damages, insurance law, motor vehicle accident, personal injury on
If you are hurt in a car accident, how much is your pain and suffering worth by way of damages?
Answer – it depends on whether your injuries are minor or serious in nature. It also depends on the location of your accident, as different provinces deal with this issue differently.
For serious injuries, pain and suffering damages are capped and the maximum you can receive is approximately $315,000 (more on this in tomorrow’s blog).
For minor injuries, the law may limit your pain and suffering damages. … Continue Reading
Facebook Defence Strikes Again – Lawsuit Claims Defeated
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, evidence, motor vehicle accident, personal injury on
In personal injury lawsuits, the internet is being checked for personal information about plaintiffs in order to test allegations of impairment. See our previous blog entry for a recent Ontario case involving a Facebook defence.
In the Newfoundland case of Terry v. Mullowney, (2009 Newfoundland Trial Division), the plaintiff was a 28 year old male mechanic, single, who suffered soft tissue injuries from two car accidents. He complained of neck, shoulder and back pain, along with pain radiating into arms and legs.… Continue Reading
Death of a Spouse by Car Accident > Can Surviving Spouse Receive a “Dependent Benefit” and also the Spousal Death Benefit?
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, motor vehicle accident, personal injury on
If your spouse dies in an Ontario car accident, you may be entitled to the $25,000 Spousal Death Benefits pursuant to Section 25 of theStatutory Accident Benefits Schedule (“SABS”),
If you receive the spousal death benefit, can you also receive a $10,000 “dependent benefit” pursuant to Section 25(2)2 of the SABS?
We think the answer is “yes”, if you can prove that you were dependent on your deceased spouse.
There do not appear to be any decisions at the Financial Services Commission of Ontario (“FSCO”) or case law dealing with the current wording of the legislation. … Continue Reading
Personal Injury Lawsuits Always Seek Out Insurance Coverage > Use and Operation of a Motor Vehicle
On behalf of Bougadis, Chang LLP Barristers posted in coverage and duty to defend, motion, motor vehicle accident, personal injury on
Case Comment – Russo v. John Doe (2009 Ontario Court of Appeal) affirming Russo v. John Doe (2008 Ontario Superior Court)
Every personal injury lawsuit seeks out an insurance policy which covers the defendant(s) to the lawsuit. As a result, there have been many cases which seek clarification of whether their specific circumstance fits under the wording of a motor vehicle’s insurance policy, including whether the accident arose out of “use and operation” of a motor vehicle.
In this sad and widely reported situation on April 24, 2004, Ms.… Continue Reading
Drunk Driving Can Mean No Insurance Coverage > But Your Insurance Company Must Deny You in a Timely Fashion
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, coverage and duty to defend, insurance law, motion, motor vehicle accident on
Case Comment – Logel Estate v. Wawanesa Mutual Insurance Company (2009 Ontario Court of Appeal) upholding Buck v. Wawanesa Mutual Insurance Company (2008 Ontario Superior Court)
Being in a car accident, while driving under the influence of alcohol, can lead to a denial of your insurance policy coverage. The other party may still sue you and have access to the statutory minimum of $200,000 in coverage, but you (as the drunk driver) may not have any protection from your insurance policy.… Continue Reading
Ontario Road Safety > Countering Distracted Driving
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident on
Ontario’s Countering Distracted Driving and Promoting Green Transportation Act, 2009 is expected to come into effect in the Fall, 2009 and through amendments to Ontario’s Highway Traffic Act, will prohibit Ontario drivers from using their cellphone, blackberries or other electronic gadgets while driving. The goal is to have Ontario drivers focus on driving and avoid other distractions.
The penalties are outlined in the Ontario government’s news release, including six (6) demerit points and a $1,000 fine.
From an insurance and personal injury lawsuit standpoint, this legislative change confirms that drivers are responsible for ensuring that they maximize their attention to the roadway to avoid accidents. … Continue Reading
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