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As the statutory deductibles in Ontario are indexed for inflation in motor vehicle accidents, the Financial Services Regulatory Authority of Ontario (FSRA) has provided the indexation amounts for the statutory deductibles in relation to automobile accidents for 2021. 

Many people in Ontario do not have the benefit of an insurance policy to pay for medical expenses when injured in an automobile accident. When an injured person meets me, the first question I am asked is how they will pay for their medications related to the accident.  Medications can be expensive and this cost can adversely impact someone’s ability to pay for day-to-day expenses. 

The Occupiers’ Liability Amendment Act now mandates that notice of a claim be provided within 60 days of the accident if it involves an injury due to ice and snow.  

Why the change?  Well, it appears that rates are too high for contractors, insurers are simply not providing coverage or the number of insurers providing coverage has declined.  So how will the 60 days reduce rates and lead to more insurers re-entering the market? 

Brain damage occurs when a person’s brain is injured due to traumatic injury, such as a fall or car accident. Unfortunately, the brain does not fully mend or recover the way other injuries do in the body. Recovery and return to function can depend on the cause of the injury and the person’s symptoms.

You have sustained serious fractures in an accident. What do you do now? Who do you speak to? Who do you hire to represent you?

When you have an accident, there is no shortage of people who will tell you what you should do or who should hire to help you. Serious orthopaedic injuries will have a long-lasting effect on your ability to perform normal activities of daily living and to earn an income. Do you really want someone making the decision on your legal representation? 

Spinal cord injuries can be devastating. There are physical and emotional impacts, which will affect you for the rest of your life. As well, the impact your family can be significant.

Many times, you or your family do not know what to do. There are so many steps that need to be coordinated following the injury that it can become overwhelming and lead to frustration.

On December 8, 2020, Bill 118, An Act to amend the Occupiers’ Liability Act, received royal assent.  As of writing this article, no date has been proclaimed by the Lieutenant Governor when the amendment is to come into force. 

In my experience, people who have sustained major injuries often retain a lawyer within the first 24 to 48 hours.  If the person is injured significantly and they are not able to meet due to the extensive nature of injuries, family or friends may jump in to make a decision on the person’s behalf.  I have heard stories from individuals that they were being inundated by lawyers seeking to represent them or the injured party shortly after the accident!

I am often asked if someone can recover damages for mental distress arising from an accident.  The short answer is yes.  The major problem people face is that they often confuse their emotional state as evidence of mental distress. The two are not necessarily the same. You must prove “a serious and prolonged disturbance that rises above ordinary annoyances, anxieties, and fears”.

If you are to prove legitimate mental distress arising from an accident, the following should be kept in mind:

There is no doubt that a lawyer must take all appropriate steps to advance your claim. However, the most important person in a personal injury or long-term disability claim is you.  What you do or do not do could have a significant impact on your claim. 

There are two major pieces of advice that I can give.  The first is to listen to your treating healthcare providers and to participate in medical treatment recommended.

There are a significant number of personal injury lawyers practicing in the Greater Toronto Area. The sheer number can overwhelm anyone. However, not all lawyers are the same and I always recommend that you investigate who you intend to retain before making any decision. When choosing a personal injury lawyer, it is important to consider the following:…