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Personal Injury

Kelly + Singh Lawyers LLP > Personal Injury

There’s Nothing Fair About Ontario’s “Fair Auto Insurance Plan” For Accident Victims

Neck Injury from Accident

Earlier this week the Ontario Government announced new proposed legislation to address auto insurance called "Ontario’s Fair Auto Insurance Plan”. This newly proposed legislation – the government claims -  will once and for all tackle high insurance premiums.  You have heard that promise before, repeatedly.   It’s perhaps no surprise that the Insurance Bureau of Canada, a national lobby group for insurance companies welcomes the latest changes. Previous government changes to the Insurance Act have reduced benefit amounts that accident victims can claim to minimal sums.   The Government very proudly announced that their plan means millions of tax payer dollars will be...

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Marijuana Legalization – Good or Bad For Accident Victims?

Marijuana Legalization in Ontario and Personal Injury

This Blog was written with contributions from Kirsten O’Brien, Patient Services Educator at Medical Marijuana Consulting. The forthcoming legalization of marijuana in the summer of 2018 will have wide ranging implications for the law in several areas, including personal injury law.  In this blog we consider marijuana legalization and its potential impact on roadway safety and personal injury victims. A major cause of motor vehicle accidents and serious injury is impaired driving. The legalization of marijuana will create new challenges for the government and police authorities. They will have to work quickly to ensure provisions are in place to identify and prevent...

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Auto Insurance Industry Reaps Profits As Accident Victims Pay The Price Of Reforms

Insurers Reap Profits while Accident Victims Pay

Starting in 1990, successive Ontario governments under pressure to reduce the rising costs of automobile insurance engaged in a long history of changing and amending the way that victims of car accidents would be compensated for their losses and obtain treatment on a timely basis.  The emphasis now was on “no-fault” or “accident benefits where the injured person’s own insurer would cover much of the treatment and economic losses suffered.  The right to sue negligent motorists still existed (“tort”), but in a very limited form. (Check out our blog on Five common myths About Making a Claim After a Car...

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Five Things To Know About Proving Chronic Pain In Personal Injury Cases

Chronic Pain

1) Chronic Pain Is A Long Term Pain Disorder That Can Arise After A Car Accident Or Personal Injury In many cases involving personal injury – whether it be a motor vehicle accident, a work accident or an insurance claim – the diagnosis of chronic pain syndrome or fibromyalgia may come up.  Generally, we are talking about an individual who suffers significant and disabling pain, yet the test reports (MRIs, CT scans etc.) don’t reveal a cause for the pain. While chronic pain syndrome typically refers to a localized pain in particular areas of the body, such as one’s neck, back or...

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Supreme Court of Canada Weighs In On Proving A Mental Injury

Mental Injury Saadati v. Moorhead

Just this week the Supreme Court of Canada released a landmark decision on the issue of mental harm and mental injury caused by negligence.   The Honourable Supreme Court Justice Brown, for a unanimous court, delivered the decision. The appeal arose from a motor vehicle accident claim in British Columbia. At trial the Plaintiff was awarded damages for mental injury based exclusively on the testimony of lay witnesses. In other words, no medical professional was called to support the Plaintiff’s claim for damages arising from mental injury.   The British Columbia Court of Appeal reversed the ruling, holding that in order to recover damages...

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Chronic Stress From Workplace Bullying Now Recognised By The WSIB

WSIB Workplace Bullying

1)  Bullying Is No Joke - It Can Have Serious Detrimental Health Effects It has become clear from the flood of media reports in recent times that harassment and bullying is not just a grade school problem, but something that can infect workplaces everywhere.  This kind of conduct can inflict serious mental stress and psychological problems upon victims of workplace abuse. 2) WSIB Could Not Be Claimed For Chronic Mental Stress Caused By Workplace Bullying - In Fact The WSIB Specifically Excluded It For years Ontario’s workplace compensation would not allow such individuals to make claims for compensation, even though it was a...

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Car Insurance System Failing According To Former Head Of WSIB

Car Insurance

Recently, the Ontario government quietly released a report called "Fair Benefits Fairly Delivered: A Review of the Auto Insurance System in Ontario". It’s the latest inquiry into Ontario’s car insurance regime.  As lawyers practicing personal injury law for many years, we’ve become intimately familiar with the complicated mess successive governments have created in their pursuit of balancing compensation for those who are injured, with keeping premiums affordable in a mandatory car insurance system. Some of the statistics in the report, authored by the former CEO of the Workplace Safety and Insurance Board (WSIB), Mr. David Marshall, are staggering. Ontario insurance companies...

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Is Your Car Insurance Company Violating Your Privacy Rights?

Auto Insurance Privacy Rights

If you are seriously injured in a car accident, there are two types of claims that can be made. One is the no fault claim from your own insurance company for accident benefits, and the other is a lawsuit or court claim, against the at fault driver. In Ontario, there are a number of very large insurance companies that sell car insurance, because of this sometimes your car insurance company may also be the same company that insures the person at fault for your injuries. Even though you can make two separate claims, it is the same insurance company behind the...

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Truth In Legal Advertising – Cutting Through The Confusion To Find A Good Lawyer

alt="Advertising sign - Need A Lawyer?"

In a world of increasing information and decreasing trust it is more important than ever to be critical when confronted with advertising in any industry - law is no different. Stricter government legislation and more stringent insurance industry policies, has made personal injury law practice an increasingly competitive market. As a result, many law firms use a variety of means to promote themselves to prospective clients. While there has been a lot of discussion in the media about legal advertising, and the Law Society has recently announced they will be introducing new advertising rules for lawyers, we thought a few useful tips...

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What You Need To Know About Personal Injury Retainers

Although most people have heard the “No Fee Unless We Win” mantra that is regularly promoted in personal injury advertising, the details of how personal injury retainers usually work, are not well known. These retainers, usually referred to as “contingency fee retainers”, govern the fee arrangement between clients and their lawyers who decide to take the case on at no upfront hourly fees, but who are instead compensated by taking a percentage of any successful damage award or settlement obtained in the case on the client’s behalf. There are important details that everyone should understand about personal injury retainers and how they...

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