Posts Categorized: personal injury
Injured in a Car Accident > Medical Assessments > What are the Limits?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, motion, motor vehicle accident, personal injury on
In Ontario, when you are injured in a car accident, you inevitably undergo some form of medical assessment.
If you make a claim for Accident Benefits and seek treatment outside the Pre-Approved Framework (PAF), then you will likely be assessed by a medical practitioner. The purpose is to evaluate whether you are entitled to benefits.
If you start a lawsuit against the car(s) that caused your accident, then you are likely to undergo a medical assessment at the request of the defence. … Continue Reading
Hit by an Uninsured Car in Ontario, who do you sue?
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, coverage and duty to defend, motor vehicle accident, personal injury, summary judgment on
What happens when a pedestrian is hit by an uninsured car? What if that pedestrian does not have her own car (i.e. at home) and therefore she has no insurance coverage herself?
And what happens if the pedestrian is sprawled on the front hood of the uninsured car when together, they immediately hit a taxi that is properly waiting to make a left hand turn at that same intersection?
Which insurance company will respond to the pedestrian’s tort lawsuit seeking damages? … Continue Reading
Hit and Run Car Accident, Driver Flees after Hitting Cyclists
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, bill 198 threshold, damages, hit and run accident, insurance law, long term disability, motor vehicle accident, pain and suffering, personal injury on
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
Homeowner’s Insurance > Please Defend Me > Fighting with My Neighbour
On behalf of Bougadis, Chang LLP Barristers posted in coverage and duty to defend, homeowner's insurance, insurance law, personal injury on
As reported in the Ontario Reports, the 2009 Superior Court of Justice case of Glassford v. TD Home and Auto Insurance Co. (2009), 94 O.R. (3d) 630 (S.C.) deals with the duty to defend and the role of a homeowner’s insurance policy when you are sued in a lawsuit.
What happens if you get into a physical fight with your neighbour? And your neighbour sues you for hurting him in that fight?
If you have homeowner’s insurance, then your insurance company may have a duty to defend you in that lawsuit – i.e.… Continue Reading
Pain and Suffering Damages in Alberta
On behalf of Bougadis, Chang LLP Barristers posted in damages, insurance law, personal injury on
As background, this follows our June 4 and June 5 blogs on pain and suffering damages.
Last week, the Alberta Court of Appeal in Morrow v. Zhang (2009 Alberta Court of Appeal) reversed the Trial decision which had previously struck down their threshold legislation regarding car accidents (see PDF version of Judgment here).
Therefore, as a result of the Alberta Court of Appeal’s decision, Alberta has a limit of $4,000 in damages for “minor injuries” suffered in car accidents.
It is unknown whether there will be an appeal to the Supreme Court of Canada, although one is expected.… Continue Reading
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
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