Paul Auerbach of McNally Gervan LLP appeared on CBC Radio's Ottawa Morning with Robyn Bresnahan. Listen to the interview here: http://www.cbc.ca/video/player.html?clipid=2429229277&position=9241&site=cbc.news.ca
The rising popularity of snowmobiles is not hard to understand. They provide access to Ontario's stunning back country during the winter months and are both fun and (comparitively) inexpensive to operate. But just like motorcyclists, snowmobile riders and passengers can suffer serious personal injuries, including brain and spinal cord injuries. Care should be taken on every outing to make sure that the risks are minimized. Riders and passengers need to appreciate that the same or similar laws apply to the use of snowmobiles just like other motor vehicles such as cars or motorcycles. The use of snowmobiles in Ontario is governed by the Motorized Snow Vehicle Act. It is absolutely necessary to [...]
New Guidelines for Concussion/Mild Traumatic Brian Injury and Persistent Symptoms were recently released by the Ontario Neurotrauma Foundation. The lead author is Dr. Shawn Marshall, from the Ottawa Hospital, Rehabilitation Clinic. The guidelines are aimed at assisting doctors evaluate, monitor and manage symptoms of a concussion or mild traumatic brain injury. In our experience one of the major problems in the current accident benefits system is the fact that insurers are slotting victims in the Minor Injury Guidelines which restricts treatment to $3,500 which is often woefully inadequate. The guidelines will be extremely helpful for assisting auto accident victims obtain treatment [...]
If you are injured in an accident or suffer a sickness/illness that prevents you from attending work, you may have access to short-term and long-term disability coverage through your employer or other private insurance coverage. This coverage replaces your income while you are unable to work. Typically, this coverage is divided into short-term disability coverage (which typically replaces 80%-100% of your salary for approximately 3-6 months) and long-term disability coverage (which typically replaces 50%-70% of your salary and is potentially available until the age 65). Long-term disability coverage usually has a change in the eligibility test at the two-year mark from [...]
Most people who are injured in a car accident have no idea what their rights are or what benefits they might be entitled to receive. This is a summary only. It is always a good idea to speak with a lawyer who specializes in accident claims to make sure that you are getting the benefits you deserve. Since September 2010 there are three types of injuries under the current Statutory Accident Benefit regime (SABS). These are the minor injury guideline (“MIG”), catastrophic impairment claims (“CAT”) and all other claims. For car accidents after September 1, 2010 the following benefits are available [...]
An Ontario judge has ruled that a Perth farmer can sue and can get access to certain insurance benefits in connection with a 2008 accident, even though the all-terrain vehicle (ATV) he was driving was not insured at the time of the accident. The Insurance Act includes a heavy penalty for an owner of a vehicle who is injured in an accident when the vehicle he was driving was not insured. That penalty is that he cannot sue any other driver for his damages, even if someone else was 100% at fault and responsilbe for the accident. The accident benefits (SABS or "no fault benefits") that the person [...]
In September 2010 the Ontario government slashed the medical benefits you could get under your car insurance policy for injuries suffered in a motor vehicle accident. The $100,000 limit for treatments (those not covered by OHIP) was reduced to $50,000. For accident victims with so-called "minor injuries", such as strains, sprains and whiplash, the $100,000 limit was cut to $3,500. Last month, the Financial Services Commission of Ontario (FSCO) ruled in favour of an accident victim who claimed expenses beyond the minor injury limit. Lenworth Scarlett argued that in addition his whiplash injuries he also had pre-existing injuries and subsequent psychological [...]
Frank was invited to present a paper entitled “Threshold Refresher” at the Ontario Trial Lawyers Association Conference which took place on May 30 and 31, 2013 in Toronto. The “threshold” is the criteria that an injured individual must demonstrate in order to receive compensation for pain and suffering. The objective of the threshold has been to restrict the rights of individuals for pursuing what some may categorize as “minor” tort claims in exchange for no-fault accident benefits insurance coverage. Section 267.5(5) of the Insurance Act requires that in order to establish a claim for damages for pain and suffering relating to a motor vehicle [...]
In Pastore v. Aviva Canada the Court of Appeal ruled that the language of the SABS (Statutory Accident Benefits Schedule) does not require that a claimant be considered markedly impaired in more than one area of life to be designated as catastrophically impaired. Pastore concerns a woman who was injured after being hit by a car in November 2002. Her left ankle was broken and did not heal properly. She underwent a number of surgeries and eventually her right knee was replaced due to changes in how she walked. She was self-sufficient before the accident but became almost completely dependant on others afterward. This had predictably severe consequences on Ms. Pastore's emotional and [...]
You purchase insurance coverage for a variety of reasons. Sometimes because it is mandated by law, sometimes it is to protect your family or assets, and sometimes it is to provide you with peace of mind that you will be taken care of if something goes wrong. In the case of automobile insurance, it’s likely for all three reasons. Courts have increasingly recognized the role that automobile insurance coverage plays in providing you, the consumer, with peace of mind. You purchase the insurance so that if something goes wrong and you are injured, you and your family are protected. Recently, the [...]
At McNally Gervan we represent accident victims who have suffered catastrophic and serious personal injuries. We have the experience, the determination, and the resources to level the playing field. Contact us for a free consultation with a personal injury lawyer and tell us what happened.
McNally Gervan Ottawa Personal Injury Lawyers
Email: info@ottawa-attorneys.ca
Tel: 613-238-1424
Location: 359 Kent St #200, Ottawa, ON K2P 0R6
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359 Kent St #200, Ottawa, ON K2P 0R6
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