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Posts Categorized: personal injury

Is a Fractured Left Knee a Serious and Permanent Injury?

The Issue

In order to recover pain and suffering damages in Ontario, if challenged by the defendant insurer by way of threshold motion, you have to prove that your injuries are a “permanent serious impairment of an important physical, mental or psychological function”.

If as the plaintiff you do not prove your case or surpass this threshold test, then you will be denied the ability to collect pain and suffering damages for your injuries.

Why This Matters

Insurance companies are only required to pay pain and suffering damages to people hurt in Ontario car accidents if the plaintiff’s injuries surpass the Bill 198 threshold described above.… Continue Reading

Punishing An Accident Benefit Insurer > $25,000 in Mental Distress Damages

The Issue

In Ontario car accidents, in most cases you will be entitled to receive Accident Benefits no matter who caused the accident.

But what if your Accident Benefits insurer is unreasonable in addressing your claims?  What if they deny all of your requests, without justification?

Below we review a case that awarded an insured $25,000 for mental distress arising from repeated denials by her Accident Benefits carrier of her applications for benefits.

Why This Matters

Accident benefits are the most common claim arising from any car accident.… Continue Reading

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$50,000 for a Broken Ankle

The Issue

A simple case which values a nasty broken ankle for a (then) 34 year old man injured in a bar fight, which required surgery and the installation of a metal plate and numerous screws to set his injured ankle.

Why This Matters

This is one simple illustration of the type of factors considered by a Court when assessing the pain and suffering damages claims of a plaintiff.

Legal Speak – all cases are different, so you cannot apply a formula to any one injury. … Continue Reading

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Changes to the Car Accident Treatment System > May Reduce Consumer Care Options

The Issue

Premised on the need to fight fraud, Ontario Regulation 194/11 is being introduced effective July 1, 2011.
The Effect

Car insurers can ask for backgfound information and identity confirmation for all service providers who seek to provide treatment to people involved in car accidents.

Car insurers can also request copies (or inspect originals) of all supporting documentation relating to treatment plans which are submitted on behalf of people hurt in car accidents.

Payment for treatment is not required until all of this information is provided.… Continue Reading

Unusual Allegations of Plagiarism by a Trial Judge

The BC Court of Appeal has released the Cojocaru (Guardian Ad Litem) v. British Columbia Women’s Hospital and Health Center, 2011 BCCA 192  decision, in which it overturns the Trial decision, citing that the Trial Judge did not demonstrate, through the Trial judgment, that the Reasons given were an independent analysis of the Trial evidence.

A sensational news story already, it will have some legs since this was a 2 to 1 decision in the Court of Appeal and the plaintiff’s lawyer has stated publicly that an appeal is likely. … Continue Reading

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Double Recovery for One Accident? How About a Double Deduction against your Damages? A Plaintiff’s Perspective.

After a car accident in Ontario, you are usually entitled to receive some Accident Benefits, regardless of who caused the accident.

One of the decisions that many injured people will make, when applying to Accident Benefits, is whether to receive income replacement benefits (“IRB”) or caregiver benefits.

What happens if you choose caregiver benefits, when you could have equally qualified for IRB, and then you go on to commence a tort lawsuit arising from the same accident?

If you claim past or future income loss in the tort lawsuit (or even loss of earning capacity), will you be penalized for failing to have chosen IRB benefits instead of caregiver benefits?… Continue Reading

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