Posts Tagged: personal injury
$400,000 in Legal Costs for a Personal Injury Lawsuit
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, personal injury on
As another illustration of the cost of lawsuits, the recent case of Hayden v. Stevenson (2010 Ontario Superior Court of Justice) awarded $400,000 in legal costs (approximately $300,000 for fees and $100,000 for disbursements) to the successful plaintiff in a personal injury lawsuit. The plaintiff was a young man who was hoping to be a mechanic prior to the accident. As a result of the accident, he suffered from back pain, anxiety, depression and sleep problems. After the accident, he did not complete his co-op program in the automobile field, due to pain and fatigue.… Continue Reading
You Sue After an Accident > Can Your Kids Be Examined About Your Claim?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motion, motor vehicle accident, personal injury on
You are hurt in a car accident and, in fairly typical fashion, your adult kids are named as Family Law Act plaintiffs in your lawsuit. That is, your kids are making a (normally minor) claim indicating that they have also suffered loss arising from your accident, typically termed loss of care, guidance and companionship.
During the litigation and on the eve of Trial, your kids decide to abandon their claim for damages – because their claim overall may not be particularly significant for a host of reasons.… Continue Reading
The Driver You Sue Has No Insurance – Now What?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, coverage and duty to defend, insurance law, motion, motor vehicle accident, personal injury on
You were hurt in a car accident and sue the other driver. What happens if the other driver has an insurance policy but, during the course of your lawsuit, the other driver’s insurance company denies coverage – i.e. refuses to defend or indemnify (protect) the other driver in the lawsuit? What happens if other driver does not have assets – like a house or steady job?
This is not an uncommon situation. Frequently, insurers have reason to deny their insured – see Section 5 of the Ontario Automobile Policy for a reference – which leads the insurer to add themselves as a statutory third party to the lawsuit.… Continue Reading
Hurt Before and Now Hurt Again in Accident – Can I Sue?
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, damages, insurance law, motion, motor vehicle accident, pain and suffering, personal injury, Uncategorized on
“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
Slip and Fall on City Property – Act Quickly if You Are Hurt
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, municipality, personal injury, slip and fall, summary judgment motion on
If you hurt yourself on City property, which most commonly is a slip and fall on ice, snow or an uneven sidewalk, then you have 10 days to notify the City in writing of your incident – s. 44(10) of the Municipal Act.
Most people do not know that they have 10 days to notify the City of their accident.
NOTE: if you are hurt and seek medical treatment (whether you are hospitalized or attending at your family doctor’s clinic), the 10 day period still applies unless you fall under a narrow exception of circumstances.… Continue Reading
Pedestrian Deaths and Injuries – Fault, Blame, Negligence and Senseless Waste
On behalf of Bougadis, Chang LLP Barristers posted in motor vehicle accident, pedestrian accident, personal injury, road safety on
Recently in the Toronto area, there have been rash of pedestrian deaths and this has captured some of the media spotlight.
We remind readers that the issue is not that there are approximately 30 pedestrian deaths per year. The issue is that approximately 2,300 people are injured as pedestrians every year in the Toronto area.
2,300 injured pedestrians per year.
What would it cost most drivers to avoid an accident? The inconvenience of slowing down by taking your foot off the accelerator or depressing your brakes?… Continue Reading
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