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Posts Categorized: pain and suffering

Videotaping the Medical Expert Who Is Examining You (on Behalf of the Opposing Insurance Company) – Part 2

If you are hurt in an Ontario car accident, you may decide to sue for damages arising from your injury and loss.

During your lawsuit, the insurance company defending your claim may wish to evaluate you by requiring you to attend for one or more medical assessments by medical doctors of their choosing.

Are you allowed to audiotape or videotape this medical assessment?  As background, readers may wish to review our September 15, 2010 blog.

A recent and important analysis of this issue is found in Adams v.Continue Reading

Mediation in Lawsuits > Obligations of Parties To Mediate

You start a lawsuit after being hurt in a car accident. Your lawyer asks the defendant to the lawsuit (i.e. the insurance company of the defendant) to meet and discuss potentially settling your case, with the help of an experienced neutral lawyer who will help facilitate conversation, but the insurance company refuses. They refuse because they say your injuries are minor; that legal case is worth very little in terms of potential damages; and potentially, that you may recover nothing in your lawsuit as a result of the Bill 198 threshold and deductible (see our previous blogs for explanation of Bill 198).… Continue Reading

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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