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Personal Injury Tag

Kelly + Singh Lawyers LLP > Posts tagged "Personal Injury"

How “Justice For All” Has Become Tribunals For Most

Justice For All Is Becoming Tribunal For Most

Most of us believe that justice means - if we are involved in some sort of legal dispute that we are entitled to our “day in court”.  Historically, a trial by a jury of one’s peers has been a cornerstone of justice within the democratic tradition in common law countries such as Canada, the United States and Britain. Over the past several decades, however, the right to one’s day in court has been continually eroded resulting in a serious access to justice issue. Lack of adequate government funding has led to backlogs and delays creating significant frustration for litigants and giving...

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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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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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Busting Five Common Myths About Making a Claim After a Car Accident

Insurance claim

In Ontario, we all know that driving a car without automobile insurance is against the law. The penalty for driving uninsured is hefty and the insurance slip is one of the very first things a police officer asks for if a motorist is ever pulled over.  Consequently, most Ontario drivers have insurance, but premiums in Ontario, and particularly in the GTA, are extremely high. Most people spend significant time annually rate shopping for the best price to be able to afford insurance. If you are a young driver under the age of 25, or live in a high risk area...

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How Social Media Can Impact Your Case

impact of social media

Interacting with friends and family through social media has become a normal part of everyday life for most people. People usually post pictures, comments, and videos – without realizing that everything that is posted could possibly become relevant and be used in a lawsuit, and ultimately harm your case. Below are three things you need to know about how social media can impact your claim: How do my social media postings get used in the lawsuit? Before the advent of social media, insurance companies who are defending against a personal injury claim would often hire a private investigator to conduct surveillance...

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5 Things You Need To Know About Employee Disability Benefits Plans

Employee Benefits Booklet

In our practice, one of the early questions we ask of our personal injury clients is whether they are covered by an employee benefit plan at work, specifically, one that includes disability insurance. It is surprising how many people do not even know if they have this coverage. 1)    If you have employment benefits, you should be provided with an information package explaining your benefits to you While employers are not legally obligated to provide such plans, many businesses do have them, and if they decide to have one, they are required to ensure that their employees have been given information about...

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Litigation Financing

Litigation Financing

If you are involved in a lawsuit, or are contemplating pursuing a case, you may have come across advertisements for "litigation financing" or "litigation loans". What are they? This is a relatively new phenomena. There are a number of companies - some in Canada, others in the U.S. that may be willing to advance money to a person who has a lawsuit pending in court. This can be very enticing to people such as plaintiffs in personal injury cases who are struggling financially while they wait for their case to work through the system. A lot of these companies offer "non-recourse" loans,...

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Five Things a Jury Member Must Know for a Car Accident Trial

Jury Seats in Courtroom

Contrary to what you may have seen on your favourite legal drama series on TV, in a civil lawsuit in Ontario, including personal injury suits, lawyers and their clients will know very little about the jurors who decide their case.  They will know the juror’s name, occupation and will see what they look like in court when the juror’s name is called. Lawyers don’t get to question selected jurors, and only get to challenge up to 4 jurors, after which, whoever is left will be the ones to decide the case. Unfortunately, as a member of the Jury, there are...

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