Plaintiff wins Accident Claim Dispute against Insurer

Posted on March 2, 2020 (June 16, 2023) by Kotak Law

An injured man was denied income replacement benefits (IRBs) under his ‘no fault’ accident insurance following a serious snowmobile accident. The accident victim’s benefits were terminated in response to inaccurate medical information that was submitted with a second Disability Certificate. Then, his vehicle insurer, State Farm Insurance Company, refused all subsequent attempts to accept any ...

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Brain Injury is among the most Catastrophic Car Accident Injuries

Posted on October 22, 2018 (May 22, 2024) 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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Medical Breakthroughs for Victims of Spinal Cord Injury

Posted on October 9, 2017 (July 2, 2024) by Kotak Law

86,000 Canadians are living with a spinal cord injury (SCI) and SCI is one of the most devastating and impactful injuries, both physically and financially. The Rick Hansen Institute states that spinal cord injury is among the most destructive survivable catastrophes that a person may suffer and spinal cord injuries cost the Canadian government about ...

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‘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 ...

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Stroke Victim wins Medical Malpractice Suit

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

A recent civil suit arose after a 24-year-old woman suffered a major stroke, allegedly resulting from the attending physician’s negligence after she arrived in the emergency department of an Ontario hospital. In Boyd et al. v. Edington et al., the plaintiffs claimed that an error in administering blood pressure medication and a delay in receiving ...

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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 ...

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Recent changes to Catastrophic Impairment may affect your Claim

Posted on July 20, 2016 (July 5, 2024) by Kotak Law

For the purpose of eligibility for ‘no fault’ accident benefits, someone injured in a motor vehicle accident is categorized as either having minor injuries, non-minor injuries, or a catastrophic impairment. This designation is particularly important for seriously injured accident victims because the cost of assistive devices, attendant care, home modifications and so on can be ...

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Liability for Sports Accidents: a Study of two Hockey Injury Cases

Posted on May 12, 2016 (July 5, 2024) by Kotak Law

Individuals who participate in sports understand that there is an inherent danger in many of these activities that is a normal part of the game. This is particularly true for contact sports, such as hockey, rugby, football and soccer. However, when someone becomes injured by actions that are not deemed part of ‘normal play’ or ...

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Catastrophic Impairment refers to the highest threshold of injuries in a personal injury claim

Posted on February 26, 2016 (July 5, 2024) by Kotak Law

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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