Blogs - "Injury Compensation"

Showing posts under "Injury Compensation"
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Title Summary Date Published
Judge rules in favour of the Plaintiff in Chronic Pain Lawsuit After being awarded over $1.5 Million in accident benefits, a car accident victim suffering from chronic pain claimed damages in a civil suit. The trial judge rejected the defence's request to have the plaintiff examined by a doctor who wasn't a chronic pain expert. Mar 22, 2019
Claiming Personal Injury Damages for Whiplash Whiplash is an injury to muscles or ligaments in the neck and results from violent back and forth movement, often caused by rear-end collisions. If you suffer whiplash and have symptoms such as chronic pain, you can claim damages against the at fault driver for lost income, pain and suffering and other losses arising from your injury. Jan 03, 2019
Plaintiff not obligated to submit her private Facebook photos in Injury Lawsuit In a civil action arising from a car accident, an Ontario judge rejected the defendant’s motion requesting that the plaintiff produce her private Facebook photos as evidence. May 05, 2018
Assault Victims successfully claim Damages You may file a lawsuit for damages if you are intentionally injured by another person and may also be eligible for long-term disability benefits. Apr 18, 2018
Medical Experts play a key Role in a Personal Injury Trial but can there be too many Experts? In a civil trial involving a man injured in a train derailment, the defendants sought a motion to limit the number of medical expert witnesses for the plaintiff, after the trial had already consumed about 10 weeks and 8-10 more weeks were anticipated, largely due to the large number of medical experts for the plaintiff. Feb 05, 2018
Medical Malpractice Lawsuit is barred for being commenced too late A motions judge found that the plaintiff’s negligence claim against an Ontario hospital and doctor was statute-barred for being past the two-year limitation period. Jan 21, 2018
Insurer required to provide Coverage to Driver who forgot to renew her Licence In Kozel v. The Personal Insurance Company, the Ontario Court of Appeal ruled that insurance coverage can generally not be denied to someone driving with an expired licence. Dec 21, 2017
Cyclist sustains Brain Injury and is awarded Damages against Municipality An Ontario judge found the defendant municipality 100% negligent in a biking accident, by failing to mark a bollard housing on a trail, which caused a cyclist to fall and sustain a serious head injury. Dec 11, 2017
Plaintiff's Claim against Surgeon is allowed more than two Years after Surgery In a medical malpractice case, the motion judge and appeal court agreed that a woman who underwent multiple surgeries to fix problems from an initial surgery, could not have ‘discovered’ her claim until her physician completed his last surgery to try to improve her condition. Therefore, the limitation period commences only after the last surgery. Oct 16, 2017
Facebook Posts increasingly used as Evidence in Personal Injury Claims In a 2017 trial, the defendant sought to introduce evidence from plaintiff’s deleted Facebook pages, but the judge ruled that the Facebook evidence must be excluded due to the defendant’s failure to disclose the Facebook posts before the trial. Sep 19, 2017
Jury awards $2,309,413 to Pedestrian who sustains Traumatic Brain Injury In a recent trial, the plaintiff was awarded over $2.3 million in damages after sustaining a brain injury when he was hit by a truck. The plaintiff, truck driver and the man who pushed the plaintiff onto the road, were each found 1/3 contributorily liable. Jun 19, 2017
Plaintiff awarded Damages after tripping and falling on a Sidewalk under Construction An Ontario court found contractors and the City of Ottawa liable for damages when a woman injured her shoulder after she tripped on a sidewalk under construction. May 01, 2017
Multiple Car Accidents result in PTSD and aggravate Pre-existing Symptoms Serious car accidents and multiple collisions sometimes result in PTSD symptoms for traumatized accident victims. In a 2016 trial, the defendants in four separate car accidents were found liable for the plaintiff’s injuries, including PTSD, which aggravating the victim’s symptoms caused by multiple previous collisions. Apr 24, 2017
A Pre-existing Injury doesn’t preclude a Successful Claim for Damages A woman experienced three car accidents that successively worsened her medical condition. After being denied accident benefits for her second and third accidents on the basis that her injuries resulted from pre-existing conditions, she filed actions against the two insurers and was awarded damages in both cases. Mar 16, 2017
How do the Courts decide on an Award for Pain and Suffering? Accident victims who suffered a serious and permanent injury may be eligible for damages for their pain and suffering. The amount of damages is based on case law as well as a variety of circumstances, including the plaintiff’s severity of injuries, age, and how their suffering impacts their quality of life. Feb 22, 2017
Judge finds Laser Tag Facility negligent in a Player’s Injury An injured man was compensated for injuries he sustained at a laser tag facility, after he fell through a hole built to allow participants to shoot at opposing players on the lower level. Feb 22, 2017
Injured? Questions you may have for a Personal Injury Lawyer At Injury Lawyers of Ontario, we know you likely have many questions which you should expect to have answered in an initial consultation, after you were injured in an accident. Here are some of the most common questions our clients ask. Feb 01, 2017
Is our Vehicle Insurance System flawed? – The Adam Bari Story Adam Bari was severely injured in a serious motorcycle accident and found that his injuries, although substantial, no longer qualify as a ‘catastrophic impairment’ under new insurance rules effective June 1st. The $65,000 now available for non-catastrophic injuries under statutory accident benefits are woefully inadequate to pay for Mr. Bari’s losses and thus, place huge financial stress on his family. Jan 25, 2017
Dangerous Road Conditions to blame for numerous Multi-Car Collisions on Hwy 401 Numerous multi-vehicle collisions on Highway 401 on Saturday January 7th were caused by severe winter weather including whiteouts and slippery road conditions, but fortunately, no one was seriously injured. Jan 12, 2017
Store Owner found liable when a Customer was Injured in his Store In Vykysaly v. Jablowski, a store-owner was found liable for injuries a woman sustained when she fell into an unmarked open stairwell in the store. Jan 10, 2017
Long Overdue, Canada announces Asbestos Ban for 2018 Every year, thousands of Canadians die from diseases caused by exposure to asbestos. At long last, the Canadian government announced a plan to ban asbestos import, use and production by 2018. Jan 08, 2017
Making an Injury Claim for Single Car Accident Compensation If you were injured in a single car collision, there may be several options available to you for obtaining injury compensation, both as a vehicle driver and passenger. Jan 04, 2017
Proving 'but for' Causation in a Claim for Damages Successful injury claims generally rest on proving ‘But for’ causation. This means that, if not for the negligent actions of the defendant, the accident victim’s injuries would not have occurred. Jan 01, 2017
A Finding of Municipal Liability when Man injured by falling Post If someone suffers injury on municipal property because the municipality failed to take due care and allowed an unsafe condition, then the municipality may be found negligent. Among the most common circumstances resulting in injury are: slip and fall accidents on broken or improperly maintained walkways, and car accidents caused by an unsafe road condition. Dec 26, 2016
Injured Workers not covered by Ontario Workers’ Compensation Benefits have Right to Sue Businesses have an obligation to keep anyone coming onto their property reasonably safe, including employees. Most Ontario workers are covered under Ontario’s statutory workers’ compensation plan and if so, must seek coverage for workplace accidents from the Workplace Safety and Insurance Board. However, if you are an uninsured worker, you have the right to sue your employer for injuries sustained while employed. In a 2016 case, Fleming v. Massey, the Ontario Court of Appeal ruled that it was against public policy to prevent a worker from seeking compensation through a liability waiver. Dec 15, 2016
City of Sudbury found liable in Slip and Fall Accident A woman slipped and fell on a public parking lot that had not been cleared of ice and snow. The Court found the Municipality liable for her injuries, and did not accept the City’s defense that the particular parking lot was not maintained in winter because it belonged to a little used area of a public park. Dec 13, 2016
Failure to disclose a Medical Condition can result in a voided Insurance Claim Honesty is the best policy when you are providing information on an insurance application. Your insurance contract is predicated on the information you gave and if you failed to disclose a pre-existing condition then your insurer may deny a future claim. Dec 09, 2016
Complicated Legal Proceedings arising from a Parking Lot Accident When parking lot accidents occur, there may be complications in resolving an injury claim if the plaintiff alleges that the parking lot owner was contributorily liable or, as in the case, Shah v. Becamon, the defendant driver was not properly licensed, with only a G-1 licence. Dec 01, 2016
Chronic Pain and Depression meet Threshold for Non-pecuniary Damages After damages have been awarded to a plaintiff, the defence may file a threshold motion to dismiss non-pecuniary damages because the plaintiff’s injury is not a permanent or serious impairment of an important function. In Cobb v Long Estate, the court agreed that the plaintiff’s chronic pain and psychological injuries met the threshold and as a result, dismissed the defendant’s threshold motion. Nov 10, 2016
Family Member Claims under the Family Law Act A family member may claim for losses under Ontario's Family Law Act when a loved one suffers a catastrophic injury as the result of a motor vehicle accident. Oct 11, 2016
Canada’s Parliament debates Bill S-201 to prohibit and prevent Genetic Discrimination Bill S-201 seeks to prevent discrimination against Canadians due to their genetic status. Currently, insurance companies and employers can use genetic information to deny insurance coverage or refuse hiring, and Canada is the only G-7 country that doesn’t protect genetic status. Oct 01, 2016
Your Rights under the Consumer Protection Act In Ontario, the Consumer Protection Act details the rights of consumers and the responsibility of businesses. Sep 21, 2016
How may Threshold Law affect my eligibility to make a Claim? Threshold Law states that an accident victim’s injuries must be a serious and permanent impairment of an important function in order to be eligible for non-pecuniary damages in a civil suit. Sep 14, 2016
Questions you likely want to ask your Personal Injury Lawyer Learn the answers to common questions asked by accident victims who are injured and are considering making a claim for injury compensation. Aug 07, 2016
Uninsured and Under-insured Motorist Coverage Under-insured motorist coverage is statutorily available to cover Ontario residents who were involved in an accident caused by an identified or hit-and-run driver. Under-insured motorist coverage can be purchased on your policy to protect you when your claim exceeds the coverage for an at fault driver. Jul 30, 2016
Does your Auto Insurance offer adequate Protection? As an Ontario driver or vehicle owner, this is a good time to review your insurance coverage to determine whether you have adequate protection against injury and damage, particularly in lieu of recent changes to Ontario automobile accident insurance. Jul 06, 2016
Does your Child's Day Care meet Ontario Safety Requirements? Following a report of numerous violations in safe care practices, particularly among unlicensed day care providers, the Government of Ontario implemented stricter guidelines for day care providers under the Child Care and Early Years Act. Jul 01, 2016
Understanding Product Liability in Canada The Canadian government and Health Canada have guidelines and regulations in place to protect Canadians from unsafe product. Despite these protections, people are sometimes injured by a dangerous product, and are entitled to claim compensation for their losses. Jun 26, 2016
Shared Liability between Government Authority and 'At fault' Driver In cases where both a negligent driver and unsafe road condition were responsible for causing an accident victim's injuries, the 'at fault' driver and government authority may be deemed contributory negligent for damages. Jun 12, 2016
Train accidents: potential for significant Injury Although train accidents are far less common than other collisions, they can cause catastrophic and devastating injuries due to the large number of people that are potentially impacted and the often hazardous materials being transported. Jun 03, 2016
Changes to Statutory Accident Benefits effective June 1st 2016 Effective on June 1st, 2016, there will be changes to the maximum statutory accident benefits allowable for injured accident victims in Ontario Jun 01, 2016
What is a Tort Claim? If you are injured due to someone else's negligence, you can file a tort claim to seek compensation for damages. May 25, 2016
Liability if Pushing or Physical Contact causes Injury Physical altercations are more likely to occur during or after events involving drinking, but even a seemingly harmless push can lead to injury for which the ?at fault? person can be held liabl May 23, 2016
Food Poisoning and Consumer Rights Manufacturers,distributors and restaurants can be held liable if unsafe food handling or processing resulted in food poisoning and serious symptoms for a consumer. May 09, 2016
Proving a Motor Vehicle Injury Claim In a civil claim for compensation for injuries arising from a car accident, a plaintiff may need to prove the other driver was negligent in causing their injuries, and must also provide evidence of their financial and other losses resulting from their injuries. May 03, 2016
Public Safety and Liability for Dog Bites Dog owners are strictly liable for the injuries that their dogs cause to others, according to the Dog Owners' Liability Act. May 01, 2016
How Multiple Car Accidents may complicate the Claims Process Personal injury claims involving multiple injuries from different events separated in time can make it more difficult to apportion fault and award compensation. Apr 20, 2016
Injured man awarded almost $1 Million in Undefended Trial An injured man was awarded almost $1 Million in an undefended case as a result of the defendants failure to file a Statement of Defence Apr 13, 2016
Proving Damages for an Unsafe Product Manufacturers and retailers can be found liable for injuries sustained by consumers after purchasing damaged products Apr 11, 2016
Resolving an Insurance Claim Dispute In Tut vs. RBC General Insurance Company, the courts ruled that RBC could not deny coverage to the plaintiff despite the fact that the accident involved a family member who was a novice driver with a concentration of alcohol in his system. Apr 01, 2016
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Blog Categories
  • All Posts
  • Bodily Injuries - Accident victims may suffer a wide variety of physical and mental injuries that result in diminished mobility and pain.
  • CPP Disability Claims - Injured or disabled individuals who have paid into CPP are eligible to receive benefits.
  • Car Accidents - Car and truck accidents are the leading cause of personal injury in Ontario.
  • Cycling Accidents - Many Ontario communities offer very little infrastructure to keep cyclists safe and separate from other road users. This circumstance coupled with inattentive or reckless motorists too often results i
  • Distracted Driving Accidents - Distracted driving is a leading cause of car accidents and personal injury.
  • Dog Bites - Dog bites and attacks in Ontario generally result from irresponsible owner actions. Under the Dog Owners' Liability Act, dog owners can be held responsible for bites to other people or their pets.
  • Impaired Driving Accidents - Car accidents caused by an impaired driver.
  • Injury Compensation - Personal injury compensation may include damages for financial losses, loss of enjoyment in life, and punitive damages.
  • Long term Disability Benefits - Individuals who are unable to work due to injuries or illness may be entitled to claim long-term disability benefits.
  • Motor Vehicle Accident Benefits - Accident victims are eligible to make a claim for motor vehicle accident benefits under their vehicle insurance policy.
  • Motorcycle Accidents - Motorcycle riders are particularly vulnerable to serious injury in the event of a motorcycle collision. When an accident is caused by a careless car or truck driver, an injured motorcyclist is eligib
  • Municipal Liability - Municipalities may be liable for injuries if an unsafe condition on a municipal property or caused by a municipal service/employee resulted in injury to the public.
  • Pedestrian Accidents - Pedestrian accidents often result in serious injury or death, and in many cases, are caused by motorists who are speeding or fail to monitor for pedestrians.
  • Premises Liability - Under Ontario's Occupiers' Liability Act, an owner, tenant or someone responsible for the activities on a property, may be liable if someone is injured on an unsafe condition on the property.
  • Recreational Accidents - Recreational accidents includes accidents resulting in injury while participating in organized sports, ATV and snowmobiling, water-related activities, and other recreational venues
  • Slip Trip and Fall Accidents - A slip and fall or trip and fall accident may result in serious injuries. If these injuries were caused by an unsafe condition on a premises, the property owner may be held liable for damages.
  • Spinal Cord Injury - Damage to the spinal cord causes spinal cord injury and the effects are generally reduced mobility and sensory functions, often with a devastating impact on the injured person's life.
  • Traumatic brain Injury - When a violent blow to the head causes a traumatic brain injury, there may be tissue damage, bleeding, bruising and other damage that can cause long-term effects or fatal injury.

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Latest Blogs
Judge rules in favour of the Plaintiff in Chronic Pain Lawsuit
Claiming Personal Injury Damages for Whiplash
Plaintiff not obligated to submit her private Facebook photos in Injury Lawsuit
Assault Victims successfully claim Damages
Medical Experts play a key Role in a Personal Injury Trial but can there be too many Experts?
Medical Malpractice Lawsuit is barred for being commenced too late
Insurer required to provide Coverage to Driver who forgot to renew her Licence
View All Blogs