In September 1996, Andrea McIntyre, then a first year student at McMaster University, was struck and injured by a car driven by an impaired driver. The young woman suffered numerous physical injuries, including several orthopaedic injuries, as a result of the accident. More than six years after the incident, Ms. McIntyre was still suffering from […]
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Whiplash is a common injury that generally results from a sudden and forceful rear impact, most often the result of a rear-end collision. When a vehicle is hit from behind, the vehicle occupant’s neck and head are rapidly hyperextended backwards while their body is pushed forwards. The whip-like motion associated with an abrupt acceleration and […]
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Rear-end collisions are somewhat unique in terms of fault determination. Ontario courts assign 100 per cent fault to the rear driver in almost all negligence lawsuits. This means that if you were seriously injured in a rear end collision, you likely have an excellent case for a finding of negligence on behalf of the other […]
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You are driving home on Friday afternoon. You stop at a red light, and start thinking about your upcoming weekend. Maybe you were planning on going out that night, sleeping in on Saturday, or playing with your children at the family cottage. The light turns green, and you step on the gas. Suddenly you catch […]
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In the fall of 2015, a woman was hit by a car and sustained severe injuries while she was riding her motorcycle near Peterborough. The injured woman and mother of three, Linda Brown, alleges that the driver who struck her was distracted at the time. Ms. Brown is actively trying to raise awareness of the […]
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Read More… from Drivers are Liable for Car Accidents caused by Distraction
Slip, trip and fall accidents are generally not perceived as a particular threat to the well-being of Canadians. However, the probability of serious injury, even death, from a slip and fall accident is significantly higher than from all other accidents, with the exception of car accidents. In fact, thousands of Ontario residents miss work each […]
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Read More… from Slip trip and fall accidents are often caused by an unsafe property
What is an ‘Accident’? Part 2 of 2: Use or Operation The Statutory Accident Benefits Schedule (‘SABS’) defines the word “accident” to mean an incident in which the use or operation of an automobile directly causes an impairment or damage.1 This blog post will discuss in plain language what is meant by ‘use or operation’ […]
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Read More… from What is an ‘Accident’? Part 2 of 2: Use or Operation
In a recent, much publicized trial in Feb 2016, Mario Muzzo pleaded guilty to multiple impaired driving charges, including four counts of impaired driving causing death. The charges were in connection with a tragic car accident caused by Muzzo in September 2015, which resulted in the death of a 65 year old grandfather and three […]
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What is an ‘Accident’? Part 1 of 2: Automobile The Statutory Accident Benefits Schedule (‘SABS’) requires accident benefits be paid to persons injured in an accident. 1 The SABS defines the word “accident” to mean an incident in which the use or operation of an automobile directly causes an impairment or damage.2 As you might […]
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The Statutory Accident Benefits Schedule (‘SABS’) limits the entitlement of some ‘insured persons’ to accident benefits by creating a number of exclusions.1 Exclusions disentitle insured persons from certain benefits. These benefits are: a) income replacement benefit, b) non-earner benefit, c) education benefit, d) visitor benefit, and e) housekeeping benefit. A driver is disentitled to these […]
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Read More… from Insurance Benefit Exclusions: Who’s not Covered?
Kotak Personal Injury Law is a Registered business name of Nainesh Kotak Professional Corporation.
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