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Car Accidents

Car Accidents in Ontario: The Two Ways of Getting Compensation

In 2018 there was an estimated 35, 746 fatal and personal injury collisions in Ontario. Unfortunately, this means that car accidents are more common than many would think. To make matters worse, if you have been in an accident, the legislation and court system can make navigating your claim difficult and confusing. This is further compounded by the fact that such accidents are often traumatic, and the moments afterward can be a blur, including feelings of fear, anger, frustration, and anxiety.

This article will explain, in a simple and straightforward manner, what your legal options are after a motor vehicle accident.

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Slip and Fall/Trip and Fall Accidents

When the temperature drops below 0º, Ontario residents brace for the inevitable onset of snow and ice. The winter weather also brings hazardous weather conditions to municipal sidewalks. Ontario’s Municipal Act outlines some of the rules and tenets of slip and falls on municipal sidewalks.

Notice to the City

An injured person should be aware of the strict notice period found in the Municipal Act. An injured person has 10 days to provide written notice to the municipality. This notice should include the injury, identity of the injured person, the date, the time, and location of the fall. An injured person who does not put the city on notice within the timelines prescribed by the Municipal Act may be barred from starting an action for the recovery of damages.

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Short Term/Long Term/CPP Disability Benefits

It is common for an employee to experience a disability leave at some point in their careers. Mental illness in particular is growing in prominence as a cause for a short-term or long-term disability leave. According to Manulife Financial Group, disability claims based on psychiatric injury, primarily depression, are growing at the fastest rate. Among youth in particular (15 to 24 years old), mental illness related disability is the most common type of disability.

Given the prevalence of disability leaves, many employers will offer policies of Short-Term and Long-Term Disability. Short-Term and Long-Term Disability Benefits will protect a person’s monthly earnings in the event of disability. Disability benefits are simply income replacement insurance in the event of injury or illness.

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Accidents Involving Brain Injuries

Within the last 10 years, scientists have become increasingly aware of the causes and symptoms of a traumatic brain injury. A traumatic brain injury may be triggered even in the absence of a serious blow to the head. For example, a new study from the University of Rochester found that a single season of college football could cause brain damage.

Traumatic brain injuries can also be a consequence of a slip and fall or a motor vehicle accident. An injured person need not bump their head to experience a traumatic brain injury. Even a violent headshake could cause serious injury to the brain.

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Pedestrian and Cyclist Accidents

Pedestrians and cyclists be aware!

The weather will eventually improve again. With the beautiful weather comes the desire for Torontonians to enjoy the great outdoors, and it is important to be mindful of the dangers posed to pedestrians and cyclists. Data indicates that the summer months are the deadliest for these groups with regards to the potential for auto collisions.

Active transportation collisions are most likely to occur at intersections and at major arterial crossings. Toronto ranks poorly amongst other Canadian cities for road safety for pedestrians and cyclists, and the estimated cost of collisions is over $60 million a year.

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Ontario’s Tort Deductible

Many Canadians are still unaware that their claims for general / non-pecuniary damages against at – fault drivers are subject to a tort deductible. Non-pecuniary damages would be the category utilized by someone seeking compensation for serious physical, mental, and psychological impairments that they sustained as a result of the negligence of an at-fault driver.

The tort deductible applied to non-pecuniary damages claims was first introduced in 1996 and was originally set at $15,000.00. In 2003, the Ontario government passed Bill 198 which increased the deductible to $30,000.00. Since then, the deductible has been increasing and is adjusted before January 1st of every year and published in the Ontario Gazette. The 2019 Bulletin available on the Financial Services commission website states:

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Driving Without Insurance

Over the past couple of years, I have heard many clients complain that they are frustrated with the delay in receiving assistance from their insurance companies. Some have even gone so far as to suggest that they are going to cancel their policies and drive without insurance.

While I understand their frustrations, I quickly remind them that as a driver in Ontario you must have automobile insurance. According to s.2 of the Compulsory Automobile Insurance Act, “no owner or lessee of a motor vehicle shall operate the vehicle, or cause or permit the motor vehicle to be operated, unless the motor vehicle is insured under a contract of automobile insurance”.

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Long Term Disability/CPP/ODSP Denials

Whether you pay for private insurance, or have group insurance provided to you at your workplace, your long-term disability claims may be denied.

Now you may be asking yourself “why me?”. The unfortunate truth is that many long-term disability claims are denied by insurance agencies. Often the rejections occur because of the following reasons:

• Insufficient information/documentation was provided along with the application
• You don’t meet the eligibility criteria that were set out in the policy (I.e. length of employment or policy exclusions)
• They find that you were not compliant with the treatment/assessment plan
• The insurance provider hired private investigators to surveil you (and they determined that there was evidence contrary to the declaration to your application).

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Statutory Accident And No-Fault Benefits

What Are Statutory Accident Benefits?

A motor vehicle accident can be traumatic, as well as both financially and physically devastating. Not only are you forced to endure the injuries suffered in the accident, but you can also potentially face the added anxiety of being unable to work, unable to pay your bills, and worry about how you will pay for the medical treatments not covered by OHIP.

This is where Statutory Accident Benefits come into play. They pay for expenses related to injuries from motor vehicle accidents. These include health costs not covered by OHIP, a certain level of income replacement, as well as other benefits.

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Uber And Lyft Accidents

In a previous article (here) the steps to an accident benefit claim, and a tort claim, were explained. Now we turn to liability in the case of ride sharing services. As a passenger of a ridesharing service, or as an accident victim of a ridesharing driver, it is very important to know your legal options.

Since 2014 the sheer number of ridesharing service operators in Ontario has skyrocketed. This alternative to traditional taxis has created a competitive marketplace, where consumers have more choices on their preferred mode of travel than ever before. In fact, in 2017, before Lyft made its debut in the Toronto area, over 50, 000 residents had downloaded the app.

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Wrongful Death Claims

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Dog Bites

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Accidents in Florida

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Cruise Ship Accidents

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Hotel Accidents

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Medical Malpractice

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Accidents Involving Ligament/Tendon/Muscle Tears

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Accidents Involving Fractures

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Motor Vehicle Accidents

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Electric Bikes and Electric Scooter Accidents

With the growing cost of fuel E-Bikes and E-Scooters are becoming more and more prevalent on our roads, sidewalks and trails. It’s a simple and easy way to commute quickly and efficiently. The convenience is hard to beat.

Unfortunately, this mode of transportation can be very dangerous, making E-Bike and E-Scooter accidents much more common. A person riding an electric bike or scooter not only has to contend with pot holes, but also other pedestrians, cars and bikes.

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Chiropractor Negligence

P&M Personal Injury has experience and is qualified to handle Chiropractic Malpractice Cases and injuries arising from a Chiropractor treatment.

When you are in pain you will do whatever you can to alleviate that pain. Be it neck pain, shoulder pain, hip, leg, back or spinal pain. Many people will seek out Chiropractor practitioners for help and relief. Due to the nature of the treatment, new injuries may arise. So, your pain and suffering can be compounded by the new injury caused by the Chiropractor manipulation or treatment.

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