Bill 15 in Ontario – The good and the bad re: personal injury law

Bill 15 in Ontario – The good and the bad re: personal injury law

On July 15, 2014, Bill 15 was carried through first reading in Ontario's legislative assembly.  It is not law yet, but the bill appears to have the strong support of the government ...

Our car accident injury system is broken and it’s time to fix it

Our car accident injury system is broken and it’s time to fix it

Injured people often ask me why they have to ask for benefits from their own car insurance company when they were not at fault for the accident.  My answer as a personal injury law ...

It can’t happen because it doesn’t happen often: The Insurance defence to Chronic Pain, Fibromyalgia, Fracture injuries and Wide-spread pain

It can’t happen because it doesn’t happen often: The Insurance defence to Chronic Pain, Fibromyalgia, Fracture injuries and Wide-spread pain

If someone were to tell you that John F. Kennedy Jr. did not die in a plane crash because the statistical possibility of dying in a plane crash was so small, you might look at that ...

Do I have to go and see the car insurance company doctor if I was injured?

Do I have to go and see the car insurance company doctor if I was injured?

If you were injured in a car accident and are claiming benefits from the insurance company, you will, at some point, likely be asked to see one of their doctors (or a number of the ...

My Disability Insurer’s Doctor says I can work and cut off my long term disability benefits

My Disability Insurer’s Doctor says I can work and cut off my long term disability benefits

Long term disability insurance companies such as Manulife, Sunlife, Great West Life, Desjardins and others will often consult with physicians when determining whether or not an ins ...

Appealing long term disability benefits insurance denials vs suing

Appealing long term disability benefits insurance denials vs suing

If you are reading this, you have probably been denied long term disability benefits by your LTD insurance carrier.  Whether the denial was made by one of the well known disability ...

How do injury claims work when you slip and fall on ice in Ontario

How do injury claims work when you slip and fall on ice in Ontario

Slip and fall accidents frequently occur on ice in Ontario Canada.  The Eastern region (Oshawa, Whitby, Bowmanville, Ajax) are often hit harder by winter weather than Toronto prope ...

PERSONAL INJURY LAWYER WITH OFFICES IN WHITBY, OSHAWA, AJAX, PICKERING, DURHAM & TORONTO

If you or a family member have experienced an injury, finding the right personal injury lawyer is key to getting your life back on track. We know the process and the options can be intimidating, that’s why our legal representation helps you through every step.

Being an injury and disability lawyer is an emotional job because of all the heartache and tragedy that you see.  You often see people who are on the verge of collapse and they turn to you as their last hope.  Helping those people achieve the financial security to mitigate their losses is an incredibly rewarding part of my job – Steven Polak

Our focused injury law team is dedicated to representing the wrongfully injured in Ontario.

  • Free Consultation

  • Don’t Pay Unless You Win

  • Respect & Expert Guidance

  • Record Of Success

  • Experienced & Knowledgeable

We recognize that each of our client’s situations are unique and we do not impose our views on them.  You will never hear us say “you have to take this settlement” or “you cannot take this amount”.  We are not here to order you around, we recognize that you are the client, you are the boss.  We will always work our hardest to provide you with sensible and reasonable advice and opinions, but we will not force them on you.  We have formed close and ongoing relationships with some of our past clients and nothing gives us more satisfaction than receiving a call from a new client who says “x. recommended you and said that you guys were great”.
Our philosophy is that we are here to help.  We are not here to create claims or to try to deceive others.  What keeps our flame burning is the feeling that we are doing what is right, seeking what is just and working hard to right a wrong.  Our aim is justice and fairness and we do everything that we can to obtain that for you.  We have worked hard to establish a reputation for these things and we hope that others in the legal and insurance industry will tell you that when you ask them about us.  Who you choose as a lawyer says something to the insurance company and to the lawyer on the other side.

Book your free consultation today

 


 

Ontario Injury Law Articles

 

Recent Car Accident & Slip and Fall Results

1) A young woman was traveling as a passenger in her husband’s car when they were involved in a car accident.  The woman had worked in a service job for a number of months before taking maternity leave in advance of her pregnancy.  She was on maternity leave at the time of the accident.  The woman did not sustain any fractures, but did sustain whiplash, including neck and back pain, which developed into chronic back and neck pain.  Her accident benefits insurer cut off her benefits and certain doctors who examined her did not acknowledge her injuries, noting that they were soft-tissue and not objective injuries.  She hired our Best Whitby, Oshawa injury lawyers and the lawsuit settled for more than $450,000.

(2) A gentleman was walking in a parking lot when he slipped and fell on snow and ice.  He sustained an ankle fracture (broke his ankle) and other pains.  He hired our Toronto Injury Lawyers and the lawsuit resolved for over $225,000

(3) A young man was involved in a motor vehicle accident while travelling as a passenger in his friend’s car.  The motor vehicle accident happened when his friend ran a stop sign.  The young man sustained a fracture that healed, and chronic neck and back pain with headaches.  There was a question about whether he was wearing his seat-belt at the time of the accident, questions about the extent of his injuries and his ability to do the work that he had been doing before the accident.  The doctors hired by the insurance company said that he was capable of returning to work and doubted the extent of his limitations.  After hiring our Whitby, Oshawa and Best Toronto Car Accident Lawyers, the lawsuit resolved for more than $600,000


Issues to watch for Ontario Car Accident Injury Victims in November and December 2012

1.  How will the Courts/Financial Services Commission interpret the new minor injury guideline (MIG) under Ontario’s accident benefits system?  Will the exceptions be granted a broad interpretation?  What happens to those who do not recover, do they (similar to the old PAF system) become entitled to increased benefits?  Does a chronic pain or psychological disorder fall under the MIG?

2.  How will the Courts/FSCO interpret the requirement that services be “incurred”, ie: that the service provider sustained an economic loss?  Will a liberal interpretation be granted?

3.  Will the drastic reduction in available accident benefits lead to more lawsuits by injury victims for housekeeping, etc. and expenses incurred even if the injuries resolve?

4.  Will insurers on the side of at-fault motorists now face increased pressure to make advance payments?

5.  Will the lack of insurance funding for assessments mean that smaller law firms will now face a funding crisis in trying to obtain necessary and costly expert opinions?  Will smaller centres outside of Toronto Ontario – ie: Whitby and Oshawa (where less large law firms and lawyers are located) now face an overall reduction in their awards?


How to Choose the Best Injury Lawyers and Best Car Accident Lawyers in Oshawa, Whitby, Toronto, Ontario

Making sure that you obtain the best suited injury lawyers and car accident lawyers is an important decision.

In our humble opinion, you should confirm the following before hiring a lawyer:

1.  How has the lawyer been ranked and rated by Courts.  Ask the lawyer to see decisions that he or she has argued.  Ask them to show you what Judges have said about them.  Ask them how their law firm ranks and whether it is ranked in lexpert or the best lawyers directory.  Ask them how many lawyers are in their firm and how long the firm has been around.

2.  How is the law firm perceived among other lawyers and the community in general?  If the law firm has a bad reputation then you may not want that taint to possibly impact on your case.   You may also want to know how insurance companies regard the law firm.  Call lawyers in other practice areas and ask them about the reputation of the law firm that you are considering.

3.  The last thing that you should do is consider whether the lawyer that you are speaking with gives you that “honest feeling”.  You want a lawyer that is best suited to you and who understands what you are going through.


How do I fire my paralegal, lawyer or hire a new lawyer?

Just as weddings can lead to divorces, and new cars can lead to auto trader postings, your relationship with your lawyer or paralegal can sour and need to be ended.  It is unfortunate when it happens, but it can happen.

The first thing that you should know in an injury case on contingency, is that you are unlikely to be required to pay any fees up front.  The usual procedure is that your new lawyer may agree to “protect” a reasonable amount of the old paralegal or lawyer’s fees, as agreed upon or as assessed.  Another important thing to remember is that consulting with another lawyer will likely be free and may provide you with some perspective.

In some past cases, our lawyers have seen people who believe that they are being treated unfairly, but are really just confused about the process.  They have made efforts to explain the issues and encouraged the person to speak with their lawyers again.

When the relationship cannot be salvaged, lawyers will assess the situation and consider a fair and equitable fee arrangement and retainer.  In some cases, such as if you are with a paralegal, no additional fees at all may be required.  That is because paralegals typically cannot handle tort claims and so their work would have been restricted to accident benefits.

If you find yourself in the unfortunate situation where you have to fire your lawyer or paralegal or hire someone new, call us to assess the situation and to consider what further steps can be taken.  The call is free.


Ontario Injury Lawyers - What Should Clients Expect To Pay?

When someone sustains an injury the first thing on their mind is their medical treatment. Legal representation by Ontario Injury Lawyers is often an after-thought that people stumble through without adequate knowledge of industry norms.

Some people will retain paralegals even when that option may not be in their best interests. Those within the industry speak about members of ethnic communities who hold themselves out as “agents”, gathering cases within the community and referring the cases to Toronto Injury lawyers, Toronto car accident Lawyers and/or paralegals in exchange for fees.

There are stories of others who agree to pay retainers to Ontario Injury lawyers/representatives and/or pay for expert reports when other Ontario car accident lawyers might have agreed to fund those things for them.

It is exceedingly important to gather information about injury law in Ontario no matter where you live. Whether you are seeking Toronto injury lawyers, Toronto Car accident lawyers, Oshawa injury lawyers, Whitby injury lawyers, Ajax injury lawyers, etc. the same principles generally apply and you should ensure that you obtain information about standards within the industry before retaining a lawyer. Most Ontario Injury lawyers and Ontario car accident lawyers will be willing to meet with you for free to discuss your options and to provide you with general information.

More information can always be obtained online, including on this website. This may provide some fast, easily obtained guidance about the fundamentals, or a second opinion, that might assist you in making the best decision on an issue that will be very important for you in the future. Given that most Ontario lawyers offer free consultations, it is generally advisable to contact more than one Injury or Car Accident lawyer to learn your options.

For more information and what fee is fair click here - Read more...


What Is The Difference – Pro Bono, Contingency, Legal Aid & Only Pay If You Win Lawyer?

Ontario Injury Lawyers who practice car accident, slip and fall and disability law may offer a variety of different types of fee agreements to potential clients. One of the reasons that this is offered is because there is a realization that injury victims often simply cannot pay the hourly rates that lawyers charge. Not all Ontario Injury lawyers offer flexible fee arrangements and it is very important that you have a clear understanding of your fee agreement with your lawyer.  There are some Whitby and Oshawa Injury Lawyers and Whitby and Oshawa car accident lawyers who require money up front in these cases.  Toronto car accident lawyers and Toronto injury lawyers also sometimes request this.

In most cases, you will probably have a written agreement with your lawyer that will set out the terms of the agreement. Some people get confused by the term “retainer agreement” thinking that it means that they have to pay something up front. This may be true in some cases, but the term may also simply mean the agreement that you are signing to hire the lawyer.

Some injured victims indicate that they need a pro bono lawyer, since they canot pay for the services up front. A pro bono lawyer is normally a lawyer who does not charge you anything at all regardless of the outcome of your case – even if you win. This is normally not what injury victims mean when they say that they want a pro bono lawyer.

Many clients also indicate that they require legal aid. The reality is that they may not require that. Some lawyers will agree to take cases on with the agreement that they will simply be paid a percentage of the damages award at the end of the case, and they will receive nothing if they do not win. A “pay a percentage if you win” agreement can be referred to as a contingency fee agreement. There are a number of variations offered by Injury lawyers in Toronto, Oshawa, Whitby and Ontario.

Contact us today for a free consultation.


How much is my car accident or slip and fall case worth?

That is a difficult question to answer. Ontario’s car accident system is a lot different than some others like Quebec’s. In Ontario there is no fixed amount for a particular injury.

There are cases that lawyers and others can look to in order to determine a case’s fair value. However, the exact amount that the case is worth is based on individual factors. For example, if Wayne Gretzky (former professional hockey player) sustained a serious wrist fracture during the height of his career, the case would probably be worth more than if most lawyers suffered the same injury. Other things that might have an influence on the amount would be the amount of pain and disability that the injury causes, the injured person’s age and any other factors that tend to make the injury and its effects worse.

It should also be remembered that, in Canada, there is a cap on the pain and suffering components of awards. The cap was subject to inflation when it was introduced by the Supreme Court in a trilogy of cases in the 1970′s. In 2011 it is between approximately $320,000 and $340,000. Remember that this means that a person that sustains the worst possible injuries is limited to claiming that amount for pain and suffering. One rationale for the cap could be that no amount of money can ever truly compensate someone for a severe injury.

Of course, that does not mean that is the maximum total amount that they can claim. An injured person can also claim, in many cases, for other types of damages, including loss of income/loss of competitive advantage, future care costs, etc. These are not subject to a cap in most cases.

In car accident cases, there are thresholds, deductibles and other limits. However, in car accident cases, there is also the possibility of obtaining compensation and settlement through the accident benefits system.

Contact us today for a free consultation.


Slip and Fall injuries – will you win your case?

The winter of 2010 in Ontario, Canada has seen some harsh storms, heavy snowfalls and extremely cold weather. This sort of weather can lead to dangerous walking conditions. People often sustain injuries at this time of year because of icy and slippery conditions.  It is expected that this will lead to many new cases being brought by slip and fall injury lawyers in Oshawa, Whitby, Toronto, and Ontario.

Every year, people sustain ankle fractures, broken arms and wrists, head injuries, whiplash, and pain after slipping or tripping and falling in Oshawa, Whitby  Toronto and Ontario. Each and every winter, people hire lawyers and launch lawsuits seeking damage awards (money) from a settlement or judgment after slipping or tripping and falling.

It is important to understand that a private property owner is not responsible just because someone slips or falls on their property. A private property owner does not have to keep their property in perfect condition, or completely safe, but they do have to take “reasonable” steps to make sure that persons are reasonably safe while they are on the property. When someone slips and falls, it is usually important to determine whether the private property owner had a reasonable system of maintenance and inspection in place.

For instance, if you slipped and fell on ice while walking to your car in a parking lot, then it would be important, in many cases, to determine whether the property owner had a reasonable system in place to inspect the parking lot and a reasonable maintenance schedule, which might include plowing/shoveling, salting or sanding the parking lot.

What does “reasonable” mean. That is up for debate and it is something that personal injury lawyers argue about again and again. There are many factors to look at when considering that issue and each case is usually somewhat unique. For example, if someone slips and falls on a small patch of ice, in an otherwise clear, parking lot in a deserted area of Whitby, that is very different from the case where someone slips and falls in a completely snow and ice covered entrance, that has been left uncleaned for days, at the busiest restaurant at Yonge and Bloor in downtown Toronto.

Even if the owner of the deserted Whitby parking lot and the owner of the incredibly busy downtown Toronto restaurant had the exact same maintenance and inspection schedule, the busy downtown Toronto restaurant owner might be found not to have taken reasonable care, while the Whitby owner had. That is not because people are harder on Toronto restaurants, it’s just that safety might require a higher level of maintenance and inspection in the circumstances.

Other things that can sometimes be important in slip and fall cases, are how fast the injured person was walking, whether they were taking care for their own safety (ie: whether they were looking where they were going), whether they were wearing appropriate footwear and clothing, whether they should have known about the danger, whether they were carrying something that interfered with their safety, etc.

If you are injured, you should immediately consult with a lawyer about how long you have to notify the other party about your intention to sue and to start a lawsuit. In some cases, you may only have a matter of days to notify the other party.  It is best to discuss these time-lines with injury lawyers in Toronto, Oshawa, Whitby and Ontario.


10 questions to ask be sure that you get top accident or injury lawyers (attorneys) in Oshawa, Whitby  Toronto and Ontario, Canada.

If you are considering proceeding with a lawsuit in relation to an accident or injury (whether it is a car accident, a slip and fall or trip and fall), you will want to choose a lawyer and law firm that is competent to effectively handle the case. When speaking to a lawyer that you are considering hiring you may want to ask the following questions:

  1. Will you provide me with a comprehensive agreement with all of the charges that I will have to pay.
  2. Is the consultation completely free no matter what I decide to do?
  3. When do I have to pay (ie: can I pay all fees and charges out of the final award or settlement?)
  4. What experience and knowledge do you have in this area of the law?
  5. Does your law firm have the financial and other resources to fund the litigation and to go to trial if necessary?
  6. Do you focus your practice on litigation and lawsuits or do you practice in other areas too? (some lawyers carry on a general practice where they try to practice in a number of areas).
  7. Ask the lawyer to explain the legal tests involved in the case and what the game plan would be for meeting them?
  8. Ask whether the firm is well known and whether insurance companies will know the firm.
  9. Ask the lawyer to send you one or more decisions in cases that he/she has argued.
  10. Ask the lawyer what the challenges and problems are in your case and how they can be overcome.

905-409-2438 Our Ontario, Whitby, Oshawa and Toronto injury lawyers offer injured accident victims respect and experienced guidance based upon our record for success in obtaining fair compensation for injuries and losses in car accidents, slip and falls, disability claims and other injury lawsuits. Call 905-409-2438.  Offering flexible payment structures (including contingency fee/do not pay unless you win).  Providing injury Lawyers, slip and fall lawyers, disaility lawyers, car accident lawyers in Whitby, Oshawa, Ajax, Pickering, Port Perry, Lindsay, Kitchener, Milton, Mississauga, Richmond Hill, Markham, Toronto, GTA, Scarborough, GTA, Bradford, Port Perry, Bowmanville Newmarket, Vaughan, Aurora, Thornhill and beyond with Link Popularity Services.  Find the best suited Ontario injury lawyers for your lawsuit – that is a top priority.  Ask about how the lawyer or lawyers have been rated by past clients and judges to ensure that you work with a highly rated lawyer with a stellar reputation among attorneys as well.

Injury and Accident Lawyer services are available in English, Spanish, Dari, Farsi, Hindi, Cantonese, Italian and other languages as well in Toronto, Oshawa, and the above noted areas of Ontario.  Please also feel free to visit our Spanish language site, written entirely in Espanol – Spanish

Contact us today for a free injury law consultation with an injury lawyer.

You can be assured that Ontario Newmarket Whitby Oshawa Toronto injury lawyers with the right specialty will respond to your case. Lawyers with experience and knowledge in personal injury cases and insurance claims and who have been able to achieve very high insurance settlements/money awards. Many available lawyers are with some of the top personal injury law firms and who past clients have characterized as some of the best personal injury lawyers in the field. We can also assist in accessing and coordinating rehabilitation services to assist in recovery.

Car Accident Lawyers, Injury Lawyers, disability lawyers and slip and fall lawyers are available in Whitby, Oshawa, Ajax, Scarborough, London, Etobicoke, Hamilton, Ottawa, St. Catharines, Niagara, Welland, Markham, Thornhill, North York, Mississauga, Pickering, Oshawa, Toronto, the Greater Toronto Area (GTA),and beyond.

You may also request that an out of town appointment or an in-home or hospital consultation be arranged at no charge to you with:
• Car and motorcycle accidents lawyers
• Life or disability Insurance lawyers
• Slip and fall lawyers
• Personal Injury lawyers
• Sporting accident lawyers
• Airplane crash lawyers
• Boating and jet ski accident lawyers
• ATV or dirt bike accident lawyers
• Snow mobile accident lawyers
• Injury Lawyers
• Faulty products and Products Liability lawyers
• No-fault car insurance claims and accident benefit lawyers
• Dog bite lawyers
• Assaults, including sexual assault lawyers

Or any occurrence resulting in the need for:
• Personal injury lawyers
• Wrongful Death lawyers
• Brain injury lawyers
• Spinal cord injury lawyers
• Disability benefit denial lawyers
• Chronic pain lawyers
Find the best suited Ontario lawyers for your lawsuit – that is a top priority.  Ask about how the lawyer or lawyers have been rated by past clients and judges to ensure that you work with a highly rated lawyer with a stellar reputation.  Our main information page can be found at Ontario Injury Lawyers

City specific pages can be found at:

Oshawa    Whitby    Ajax    Bowmanville   Toronto   Kawartha Lakes  Newmarket  Bradford  Cobourg  Pickering  Lindsay

Personal injury lawyers specializing in car accident claim, insurance settlement and lawsuit pay out as well as other mishaps (e.g. slip and fall, dog bite, disability denials, injury, accidents) resulting in personal injury. Serving Oshawa, Whitby,  Toronto,  Southern Ontario

 

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