Car Accidents Archives - Page 2 of 5

Brain Injury is among the most Catastrophic Car Accident Injuries

Posted on October 22, 2018 (June 16, 2023) by Kotak Law

Acquired brain injury refers to a brain injury sustained after birth. More than 1.5 million Canadians currently live with acquired brain injury. Motor vehicle accidents are the most frequent cause of serious or fatal brain injury, but acquired brain injury can also result from falls, sports injuries, assault, domestic violence, shaken baby syndrome and other […]

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Will the Legalization of Pot result in more Injuries?

Posted on October 19, 2018 (June 16, 2023) by Kotak Law

Effective October 17th, Canadians can purchase legal recreational marijuana from approved vendors. In Ontario, adults 19 and over may now possess a maximum of 30 grams of pot in public. There is no limit on the amount of dried cannabis you may have at home, but households cannot grow more than 4 marijuana plants. After […]

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Driver entitled to Accident Benefits when injured outside their Vehicle

Posted on September 2, 2018 (June 16, 2023) by Kotak Law

In a recent case, the vehicle insurer contested an Arbitrator’s decision that the insured was entitled to Accident Benefits under his automobile insurance policy, when the accident victim’s injuries occurred while outside his vehicle and resulted from being pushed by a passenger. This case, North Waterloo Farmers Mutual Insurance Co. v. Samad (2018), involved a […]

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Chronic Pain entitles Car Accident Victim to receive Injury Compensation

Posted on July 4, 2018 (June 16, 2023) by Kotak Law

Many accident victims who are injured in a motor vehicle accident endure serious and prolonged pain that reduces their quality of life for many years, even after their initial injury appears to have healed. Debilitating chronic pain is well recognized in the medical community as a significant symptom of many forms of injury and illness. […]

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Toronto Pedestrian Deaths reach Crisis Levels

Posted on May 22, 2018 (June 16, 2023) by Kotak Law

It’s disturbingly common to hear on the news that a pedestrian was killed or seriously injured in a car accident in the GTA. In February, the former chief planner for Toronto, Jennifer Keesmaat, stated that the City is facing a crisis in terms of the number of pedestrians killed on Toronto roads. Ms. Keesmaat urged […]

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Meeting the Eligibility Threshold for Pain and Suffering Damages

Posted on May 14, 2017 (June 16, 2023) by Kotak Law

A negligent party or driver is not liable for damages for a non-pecuniary loss resulting from a motor vehicle accident unless the injured person died or sustained a “permanent serious disfigurement” or a “permanent serious impairment of an important physical, mental or psychological function”, as defined under Ontario’s Insurance Act (1990) section 267.5(5). This regulation […]

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‘Catastrophic Impairment’ in Motor Vehicle Accident Claims

Posted on May 2, 2017 (June 16, 2023) by Kotak Law

We generally use the term ‘catastrophic injury’ to apply to severe and life-altering injuries, such as blindness or a spinal injury that results in paraplegia. However, ‘catastrophic impairment’ has a very specific meaning with respect to accident benefits pursuant to Ontario’s Insurance Act. Catastrophic impairment refers to the most serious category of injuries that may be […]

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Damages awarded for chronic Myofascial Pain resulting from a Car Accident

Posted on April 17, 2017 (June 16, 2023) by Kotak Law

An extremely active woman with a rewarding career found her life significantly impacted after she suffered serious injuries in a car accident caused by the defendant driver. In the trial, Camilleri v. Bergen, the defendant admitted liability for the accident and did not dispute the evidence from medical experts demonstrating that the plaintiff suffers chronic […]

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

Posted on April 2, 2017 (April 23, 2020) by Kotak Law

Snowmobiling is a very popular sport in Canada, but it is also the most dangerous winter sport in this country. And, although many participants practice safe snowmobiling, there are also frequent incidents of reckless actions every winter in Ontario, that result in serious accidents and injury for both drivers and passengers. A Feb 13 news […]

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Passengers not found contributorily liable in Personal Injury Claim

Posted on February 24, 2017 (June 16, 2023) by Kotak Law

A 16-year-old boy took his mother’s vehicle without her consent, and went for a joyride with three friends. The underage driver was driving in breach of his G1 as he did not have a properly licensed passenger in the vehicle. He lost control on a straight section of the road, causing the car to roll […]

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