Posts Tagged: motor vehicle accident
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
WHO Report (2009) on Road Safety
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident on
As widely reported, the World Health Organization (WHO) has issued its report on global road safety and statistics on worldwide car use and injuries.
Canada compares well on the world stage in terms of legislation governing safety measures. This includes seatbelt restraints, drinking and driving legislation, child safety restaints and helmet laws. See Canada’s profile report here.
As in our April 24 road safety blog, Ontario’s drivers expect changes to the law in the Fall, 2009, requiring “hands free” use of cellphones and blackberry devices.… 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
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
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