Blog - "Car Accidents"

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Husband awarded Damages in Wrongful Death Claim

Feb 05, 2020
A husband with a disability was awarded $390,000 in a wrongful death claim, to compensate for his wife’s caregiver role as well as a loss of guidance, care and companionship. … Read more

Judge in Injury Lawsuit rules that Plaintiff's Disability Benefits are not relevant to their Motivation to Work

Dec 02, 2019
In a recent personal injury action arising from a car accident, the judge held that the defence cannot argue that the accident victim is disincentivized from working because she is receiving collateral benefits and is therefore not entitled to compensation for future income loss … Read more

Toronto Cyclist suffers Spinal Injury when Driver fails to yield

Nov 04, 2019
The City of Toronto has committed to new infrastructure and changes in regulations to eliminate cycling fatalities by 2021, but disturbingly, we have not seen the expected a decline in cycling accidents which often result when drivers don’t yield to pedestrians or take due care. Read about a recent personal injury action involving a Toronto cyclist who was hit by a car and suffered a serious back injury and chronic pain. … Read more

Chronic Pain may entitle you to a higher level of Accident Benefits under your Vehicle Insurance

Oct 15, 2019
Persons suffering from chronic pain after being injured in a car accident are all too often denied needed benefits, beyond the low amount of ‘no fault’ accident benefits they can claim under MIG. In a 2019 insurance dispute, the arbitrator found that a man suffering from chronic pain long after he should have healed is eligible for a higher level of benefits. … Read more

Car Accident results in life-changing Brain Injury

Sep 04, 2019
Traumatic brain injury can have physical, cognitive, behavioural and emotional effects and may diminish a person’s normal function, social relationships and quality of life. In a Toronto car accident claim, the Court awarded over $3 Million in damages after a man suffered a disabling brain injury in a car accident. … Read more

Over $2 Million in Damages awarded when Plaintiff with Serious Pre-Existing Conditions is injured in Pedestrian Accident

Jul 03, 2019
A man with pre-existing conditions that qualified him for long-term disability benefits was injured in a pedestrian accident. In a subsequent civil action against the at fault driver, an Ontario Court found that the man’s ability to function and quality of life diminished measurably after the accident and awarded the plaintiff’s family over $2 Million in damages. … Read more

Third-party Insurer is ordered to provide Coverage in Toronto Pedestrian Accident

May 02, 2019
A pedestrian was severely injured in a Toronto car accident and the Court ruled that her husband’s employer’s vehicle insurance must provide excess coverage … Read more

Disability caused by a Fractured Femur, Tibia or Pelvis

Apr 08, 2019
Fractures to the femur, tibia and pelvis are serious injuries and often result in long-term disability until the injured person fully regains their strength and is able to function effectively in their job … Read more

Family Members awarded Substantial Damages in Car Accident Lawsuit

Mar 12, 2019
A driver ran a red light and crashed into the plaintiffs’ vehicle, injuring a mother and two of her children, and causing fatal injuries for the youngest child. In a civil lawsuit against the negligent driver, an Ontario court awarded the family in excess of $1 Million in damages … Read more

Car Accident Injury Lawsuit and Disability Claim Dispute are tried together

Feb 12, 2019
If you’re injured in a car accident caused by a negligent driver you have several options for compensation, including a personal injury lawsuit, statutory accident benefits and long-term disability benefits. In a recent case, the Courts permitted an injured woman to try her lawsuit and LTD claim together … Read more

Brain Injury is among the most Catastrophic Car Accident Injuries

Oct 22, 2018
Car accidents are the primary cause of catastrophic and fatal brain injuries. In recognition of the substantial effects of a traumatic brain injury, accident victims may be entitled to substantial damages. … Read more

Will the Legalization of Pot result in more Injuries?

Oct 19, 2018
Many Canadians are worried that the legalization of marijuana may lead to an increase in collisions, pedestrian deaths and other accidents due to higher rates of drug-impaired drivers. … Read more

Driver entitled to Accident Benefits when injured outside their Vehicle

Sep 02, 2018
You may be entitled to Accident Benefits under your Vehicle insurance if you were injured while using your vehicle even if the injuries occurred while you were outside your car or truck. … Read more

Chronic Pain entitles Car Accident Victim to receive Injury Compensation

Jul 04, 2018
The medical community recognizes the debilitating effects of chronic pain for many Canadians who become injured or suffer a serious illness. In a recent civil action, the Court found that a car accident victim’s chronic pain met the threshold of a serious, permanent and important impairment and she was eligible for over $215,000 in awarded damages. … Read more

Toronto Pedestrian Deaths reach Crisis Levels

May 22, 2018
Many pedestrians are seriously injured and killed every year in Toronto, and the increase in pedestrian collisions has reached crisis proportions according to a former City planner. Police urge everyone to pay more attention and slow down to prevent pedestrian accidents. … Read more

Meeting the Eligibility Threshold for Pain and Suffering Damages

May 14, 2017
In order to be eligible for non-pecuniary damages for pain and suffering, a plaintiff must show, on balance of probabilities, that their injury meets the statutory threshold for permanent serious impairment. … Read more

‘Catastrophic Impairment’ in Motor Vehicle Accident Claims

May 02, 2017
‘Catastrophic Impairment is the most serious classification of injury severity under Ontario’s statutory accident benefits schedule, and entitles someone to the highest maximum benefits; however, many accident victims with severe and life-altering injuries unfortunately do not meet the catastrophic designation. … Read more

Damages awarded for chronic Myofascial Pain resulting from a Car Accident

Apr 17, 2017
In a car accident injury claim, the judge acknowledged the significant impact of the plaintiff’s injuries on her future career and enjoyment in life, and awarded her almost $670,000 in damages. … Read more

Defendant’s Insurer ordered to pay full Settlement arising from Snowmobiling Accident

Apr 02, 2017
A personal injury claim arising from a snowmobile accident was settled for $900,000. A trial followed to determine which insurer is obligated to pay the $700,000 over the $200,000 statutory minimum limit already paid by the defendant’s insurer. … Read more

Passengers not found contributorily liable in Personal Injury Claim

Feb 24, 2017
In a 2016 civil action, a young driver who was not fully licensed was found wholly negligent for an accident, despite alleging that an animal on the road caused him to lose control and despite a claim that his injured passengers convinced him to take his mother’s care without consent. … Read more

Can a Defendant demand an independent Medical Assessment of an Injured Plaintiff?

Feb 14, 2017
Sometimes a defendant in a lawsuit may file a motion for an independent medical examination of the injured plaintiff. A judge will allow this motion if it is in the interests of fairness and does not advantage one party or another. … Read more

Family allowed to seek Punitive Damages in Wrongful Death Claim

Jan 11, 2017
A wrongful death claim arose after a man was killed when a fire extinguisher flew off the back of a truck and went through his windshield, while he was driving on the QEW. A motions judge allowed surviving family members to seek punitive damages against the truck owner/operator. … Read more

How Damages are Awarded if you have a Pre-existing Condition or Injury

Dec 09, 2016
In Desbiens v. Mordini, a man with paraplegia was injured in a car accident, but his pre-existing condition did not preclude an award of damages for the further injuries he sustained. … Read more

A Defendant’s Dangerous Driving Offence influences their Civil Trial

Dec 01, 2016
If the defendant in a civil suit was convicted of a criminal or traffic offence connected with the accident, their previous conviction generally carries weight in a determination of negligence in a civil proceeding. … Read more

Parent found vicariously liable for his Son’s Car Accident

Nov 11, 2016
A vehicle owner is liable for accidents and injuries when they lend out their vehicle. In a recent case, Nemeth v. Yasin, a father and owner of the family vehicle was found vicariously liable for his son’s car accident, despite having forbade his son to drive his car. … Read more

Ontario Court decides ‘Accident’ doesn’t require a moving Vehicle

Oct 05, 2016
In Economical Mutual Insurance Company v. Caughy, 2016, when the insurer denied a claimant statutory accident benefits for a spinal injury, the judge found in favour of the injured claimant and ordered the insurer to pay. … Read more

Increased Marijuana Use raises Concerns about identifying Drug-impaired Drivers

Sep 28, 2016
As Canada moves towards likely legalization of marijuana, we are already seeing an increase in cannabis shops and drug-related accidents. Canada’s government promises that legislation will protect vulnerable Canadians and that devices will be available to detect drug use, but Canadians are still concerned that drug-related car accidents will become more common. … Read more

Ensure that your Claim is not barred by a Limitation Period

Aug 22, 2016
A person who discovers they have suffered a serious and permanent injury more than two years after an automobile accident may still claim for damages if they were reasonably diligent in determining whether they have grounds for a claim. … Read more

Chronic Pain Syndrome is an unexpected but often devastating Condition

Aug 09, 2016
Some accident victims who suffer soft-tissue damage, concussions, fractures and other injuries, develop chronic pain that substantially impacts their ability to function and enjoyment in life. … Read more

Pedestrian Accidents on the rise in greater Toronto

Aug 02, 2016
Pedestrian accidents in the Toronto area are on the rise. Yet, pedestrian fatalities are not inevitable; most are preventable and result from driver negligence or error. … Read more
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