Posts Categorized: personal injury
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
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
Getting to Trial Faster – Bifurcation Considered
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
In personal injury lawsuits, getting to Trial often takes years. This is usually a result of a combination of the litigation process and also a queue for Court time once parties consider themselves ready for Trial. *
A common problem in car accident lawsuit is that several cars can involved in an accident. Examples include: several cars rear-ending each other on a highway or at a red traffic light or cars losing control and colliding with several cars.
Who is responsible when several cars are involved in a car accident?… Continue Reading
Baby Survives But Loses Mother in Car Accident
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
Toronto experienced several pedestrian/car accidents yesterday, including a very sad situation of a young 28 year mother who died while pushing her baby in a stroller. It appears that the 83 year old driver missed the red light facing the vehicle and caused this accident. Early reports are that the deceased Mom pushed her baby safely away just prior to being hit and killed. This story has been extensively reported upon, including by the Toronto Star and the National Post.
What Happens Regarding this Driver?… Continue Reading
Ontario’s Car Insurance System Set to Change (Again)
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, bill 198 threshold, insurance law, motor vehicle accident, personal injury on
Ontario’s private auto insurance regime is set to change again and today the Ontario government released their proposals on the types of reforms which may be implemented eventually.
See the Ontario government’s press release today. The 41 reforms are detailed in two information circulars accompanying the press release: “reforns” and “new options”.
Ontario’s current regime, commonly referred to as the Bill 198 regime, came into effect on October 1, 2003. As outlined in our April/09 blog, the extensive review process included recommendations from various stakeholders and resulted in FSCO’s recommended last Spring.… Continue Reading
Electric Bike or Moped? In An Accident, Electric Bike Owners May Lose Twice
On behalf of Bougadis, Chang LLP Barristers posted in insurance law, motor vehicle accident, personal injury, road safety on
With the growing popularity of alternative vehicles in Ontario, the government is undergoing a review of various forms of transportation. This includes electric bikes (“e-bikes”) and/or scooters, mopeds, motor tricycles, motorized wheelchairs, low speed vehicles and those unique machines named Segway transporters.
You can read the Ontario government’s outline of these different types of vehicle and the requirements which surround each.
As a commuter, I now see e-bike riders daily in good weather, wearing helmets, driving in the curb lane just like a bicyclist.… Continue Reading
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