Chronic Pain Syndrome is an unexpected but often devastating Condition

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

On January 15, 2011, while she was a front-seat passenger, a woman was injured in a vehicle that was rear-ended in stop-and-go traffic. The 54 year old woman suffered a whiplash injury which caused neck and back pain. Her symptoms persisted and worsened, and evolved into chronic pain syndrome. She had difficulty standing or sitting ...

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Insurance Dispute resolved by ordering Insurer to defend Claimants in Negligence Suit

Posted on July 18, 2016 (July 5, 2024) by Kotak Law

In Hill v Intact Insurance Company, the homeowners, who were being sued in a separate negligence action, applied to the court to declare that their insurer, Intact Insurance, has a duty to defend them in this action. Intact Insurance disagreed, claiming that the liability portion of the Hills’ homeowner policy did not apply to the accident ...

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Filing a Cycling Injury Accident Claim

Posted on June 22, 2016 (June 16, 2023) by Kotak Law

When weather permits, millions of Canadians ride their bikes to work or for recreation. Some do it for exercise or enjoyment, others for environmental reasons and some cycle as an alternative to traveling by car. Whatever the reason, cycling is a common activity in Ontario, particularly in urban centres and recreational areas that have designated ...

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Rules governing Expert Witnesses in Personal Injury Claims

Posted on June 8, 2016 (June 16, 2023) by Kotak Law

The amount of compensation and damages for which an accident victim is eligible is directly related to the severity of their injuries and their corresponding losses. These losses may entail: income loss (past and future); medical, rehabilitation and attendant care expenses; housekeeping and home-maintenance expenses; out-of-pocket expenses for family members; and non-monetary losses such as ...

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Medical Errors are a Leading Cause of Injury and Death

Posted on May 25, 2016 (June 16, 2023) by Kotak Law

A recent study carried out by John Hopkins University analyzed medical death rates in United States over eight years. The study concluded that over 250,000 deaths annually result from medical errors, which translates into 9.5 percent of deaths each year. This makes medical deaths the third leading cause of death in America, after heart disease ...

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Insurance Benefit Exclusions: Who’s not Covered?

Posted on September 9, 2015 (June 16, 2023) by Kotak Law

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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Insured Persons. Who is Covered?

Posted on July 16, 2015 (June 16, 2023) by Kotak Law

Generally, all Ontario residents are insured with accident benefits for two reasons: A scheme of laws ensures all vehicles operated in Ontario are insured with accident benefits1. As will be seen below, if one vehicle in an accident is insured, everyone injured in the accident is likely considered an insured person for accident benefits. If ...

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Overview of Mandatory Statutory Accident Benefits

Posted on July 10, 2015 (June 16, 2023) by Kotak Law

Overview of Mandatory Statutory Accident Benefits The following chart contains a summary of the primary Statutory Accident Benefits (accident benefits) that are mandatory in every car insurance policy sold in Ontario. These accident benefits are set out in the Statutory Accident Benefits Schedule1, commonly called the ‘SABS’. There are also ‘optional benefits’ set out in ...

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General Information

Category: General Information