Chronic Pain entitles Car Accident Victim to receive Injury Compensation

Posted on July 4, 2018 (July 5, 2024) 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. ...

...

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 ...

...

Meeting the Eligibility Threshold for Pain and Suffering Damages

Posted on May 14, 2017 (July 5, 2024) 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 ...

...

‘Catastrophic Impairment’ in Motor Vehicle Accident Claims

Posted on May 2, 2017 (January 7, 2025) 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 ...

...

Damages awarded for chronic Myofascial Pain resulting from a Car Accident

Posted on April 17, 2017 (July 5, 2024) 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 ...

...

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

Posted on April 2, 2017 (July 5, 2024) 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 ...

...

Passengers not found contributorily liable in Personal Injury Claim

Posted on February 24, 2017 (July 5, 2024) 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 ...

...

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

Posted on February 14, 2017 (July 5, 2024) by Kotak Law

As set out in the Courts of Justice Act, s. 105 and the Rules of Civil Procedure, (rule 33.01) a defendant may submit a motion to request an independent medical examination of a plaintiff if the latter’s physical or psychological condition has changed or is in question. The intent of this type of motion is ...

...

Family allowed to seek Punitive Damages in Wrongful Death Claim

Posted on January 11, 2017 (July 5, 2024) by Kotak Law

When someone suffers a fatal injury caused by a negligent act, family members of the accident victim are entitled to seek damages in a wrongful death claim. Wrongful death claims may arise out of many different circumstances including, but not limited to, motor vehicle collisions, medical malpractice, and recreational/sports accidents. Under the Family Law Act, ...

...

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

Posted on December 9, 2016 (July 5, 2024) by Kotak Law

Unfortunately, it is not unusual for someone suffering from an injury or pre-existing condition to be involved in a second accident or multiple collisions resulting in additional injuries or causing their previous symptoms to become more severe. When someone seeks damages for losses resulting from a subsequent accident, an arbitrator or judge must determine what ...

...

Car Accidents

Category: Car Accidents