Car Accident

Published on: May 12, 2016

How to prepare for your free consultation with a personal injury lawyer (Ontario)

Personal Injury lawyers across North America widely advertise that they provide “free consultations“. It’s a widely accepted industry standard. I don’t know any reputable personal injury law firms who don’t provide a free consultation, or free consultations thereafter. You may be hard pressed to find another area of the law where face to face consultations are provided for free. A lawyer’s commodity is their time. Lawyers don’t have any dry goods to sell you like bagels, I-Phones or shoes. All lawyers have is their time, and the work product from that time which generally manifests in the form of thoughtful and meticulously prepared letters, pleadings and other documents which clients have requested or need for their respective cases.

So, when a lawyer provides you with a free consultation, it’s important for that consultation not to be a waste of time. How can we make these consultations as productive as possible for everyone involved.

Generally, the lawyer will already have done his/her research on you, the client, BEFORE you step foot through the door. A quick Google Search, or search on Facebook, LinkedIn or Twitter can tell us volumes. If the accident was a high profile accident that was covered on TV or in newspapers, then a quick internet search can give us a good starting point in terms of how the accident, where, and when the accident took place. It can also give the lawyer a starting point on the nature of the injuries, if these were reported accurately. Certainly, the client’s version of events will be more important than what’s been reported in the media as it’s not often accurate. But, it does give the lawyer a starting point.

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Published on: April 6, 2016

License Appeal Tribunal? Safety Licensing Appeals and Standards Tribunal Ontario? Automobile Accident Benefit Service? I’m confused!

By Goldfinger Injury Lawyers

When I first began practicing personal injury law, I quickly noticed how COMPLICATED Ontario’s regime of car accident law was. This was completely unnecessary. Our government has made things so complicated, that lawyers need to focus on in car accident law in order to get results.

Car accident law should not be rocket science. In its purest sense, an innocent accident victim is seriously injured by another party who made a mistake or driving error. Rarely is there deliberate intent on the at fault party to cause a serious accident (save for drunk driving cases). There is no requirement for the parties involved to be sophisticated, knowledgeable of the law or wealthy. The at fault party should be responsible to compensate the injured party for the losses and pain and suffering. This sounds easy enough.

At Goldfinger Injury Lawyers, we have always engaged in making the law easy to understand for our clients. We want to break things down, so that people understand how things work, and how their case works.

This task has been made exponentially more difficult since April 1, 2016. The Ontario Government has moved all accident benefit disputes to a new Tribunal. New rules. New forms. More forms. More expensive to start the process for the injured. NO ACCESS TO THE COURT.

It used to be when you had a problem getting paid accident benefits, that you were able to apply for a FREE MEDIATION to the Financial Service Commission of Ontario (FSCO). FSCO was a Ontario Government body responsible for hearing all sort of accident benefit disputes between insurers and injured accident victims. There was a rich body of case law and detailed rules of procedure which had evolved. Insurers, paralegals, lawyers and even some members of the public knew how the system worked. There was familiarity. It was tailored specifically for accident benefit claims. And if matters didn’t pan out of FSCO, it was within the claimant’s power to keep pursuing the claim via Arbitration at FSCO, or leave FSCO entirely and sue instead before the Ontario Superior Court of Justice. There was a level of flexibility and control there which allowed the claimant to control the process to some extent. There were also many opportunities for settlement along the way.

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Published on: March 16, 2016

An Open Letter to Ontario Drivers Re: LAT vs. FSCO

By Goldfinger Injury Lawyers

Dear Ontario Drivers:

I am writing to update you on recent legislative changes that affect your car accident claim; in particular your Accident Benefits claims with your own insurer. There are two sides to any car accident lawsuit; the Accident Benefits file with your own auto insurer, and the main action against the driver who caused the accident. The Accident Benefits file is meant to provide money up front to cover things like income replacement (in part) and treatment expenses. It is important to get everything you can from the Accident Benefits side of the law suit so that you can maximize your recovery and reduce the losses from the car accident. The changes to the law are on the Accident Benefits side.

As you may know, when your insurer refuses to pay for a benefit, you have the right to apply to the Financial Services Commission of Ontario (FSCO). The process starts off with a Mediation teleconference where we try to convince the insurer to pay. If that fails, we proceed to the next step, being the Arbitration, where an Arbitrator makes an official ruling as to your entitlement, or lack thereof, to the benefit in dispute. The insurance company has to pay a $3,000.00 fee towards the Arbitration – we only pay $100. The Arbitrators who decide on the issues are known to be quite fair and whenever there is an ambiguity in the law, they tend to interpret the rules in favor of the injured party. Furthermore, the Arbitrators’ decisions are binding on one another, so if an Arbitrator makes a general ruling about an issue, the insurance companies tend to accept it easier knowing that another Arbitrator will likely make the same ruling. For the above reasons, the FSCO process is an acceptable form of dispute resolution although it is far from perfect and there are often long delays before you get a decision. Continue reading →

Published on: February 17, 2016

How those tiny cameras have changed the way personal injury cases are litigated in Ontario

By Goldfinger Injury Lawyers

This morning, I saw some of the most gruesome video tape of an assault I have ever seen in my years as a personal injury lawyer. The video depicted a horrific assault of one man, pummelling a defenceless man who had been knocked unconscious from a series of punches to the head. Even though the man being beaten lay motionless on the ground, he was still being punched repeatedly in the face. Unlike a Mixed Martial Arts fight, there was no referee to stop to beating. It continued for what seemed to be an eternity. This was rated “R” footage that would have made anyone cringe. Even a personal injury lawyer such as myself who has seen some pretty nasty images over the years.

As a result of the serious beating, the injured party sustained a fractured orbital bone, along with brain damage. This does not take in to consideration the bruising cuts to the victims face. He had to be rushed to hospital in Toronto following the attack, where he remained for 3 days following his discharge home.

In years past, this assault would have been described by the victim or any witnesses in words; based on foggy memory. Those memories get even foggier as time passes. If the victim or the witnesses had consumed alcohol or drugs at the time of the attack, then chances are those memories are even foggier.

Around 10 years ago, when injured parties and witnesses were asked to provide their best recollection of the events giving rise to the claim, all they had to go was based on these foggy memories, notes, or perhaps photos taken at the scene.

But all of that has changed over the past decade. Cameras have gotten smaller and smaller; and those cameras now have video capabilities. Every cell phone on the market today, with a few exceptions, have both photo capability and video capability. And there are now more cell phones on the planet than people. Cameras are so small today, and can be connected to almost any computer device, they can fit on any surface; from a dashboard cam on a car; to the back of a pen/pencil.

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Published on: February 11, 2016

Exciting news from Goldfinger Personal Injury Law’s attendance at the Canadian International Auto Show

By Goldfinger Injury Lawyers

This will be a fun edition of the Toronto Personal Injury Lawyer Blog. First, we would like to congratulate our founder and directing lawyer, Brian Goldfinger, on his recent naming to the Legal Elite for 2016 by London Business Magazine. The Legal Elite recognizes the brightest and best legal minds in London, ON and Southwest Ontario. This is Brian’s second consecutive year being named to the Legal Elite. We are glad to see all of Brian’s hard work representing injured accident victims and disability claimants getting some fantastic positive recognition in the community. None of this could be accomplished without the hard work from the team of hard working lawyers, law clerks, rehabilitation professionals and support staff at Goldfinger Injury Lawyers which have helped Brian fight on behalf of his clients. A big thank you to everyone behind the scenes for making this award possible.

Here is a link to the feature article on Brian Goldfinger being named to the 2016 Legal Elite by London Business Magazine.

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Published on: January 29, 2016

Winter Weather Car Accidents along Highway 115 around Peterborough: A Case Study

By Goldfinger Injury Lawyers

Goldfinger Injury Lawyers has four offices. Our first office opened in Toronto. This was followed by our second office in Peterborough. Our lawyers have long driven up and down a beautiful stretch of highway known has Highway #115. This is an Ontario Provincial Highway that connects Peterborough to Toronto by Highway 401. Highway 115 begins near Newcastle, and then proceeds north and ends at Highway 7 in Peterborough.

In the summer months, many cottage goers in the Kawarthas zoom along picturesque Highway 115 driving by quaint farmer’s markets, ice cream stands, kitschy motels, burger stands; sprinkled in with a few Tim Horton’s type of restaurants. It’s a beautiful drive in the summer.

It’s also a glorious drive in the fall with the changing of the autumn leaves.

The winter is when this drive can get dangerous. Not unlike many smaller highways in Ontario, Highway 115 isn’t particularly wide. It has two lanes for northbound traffic, and two lanes for southbound traffic. The highway isn’t particularly well lit. There are no lights in most sections of the highway which can create visibility problems. Highway 115 is straight for the most part, so drivers may have a tendency to be aggressive on the gas. Or, they may not even realize how fast they are travelling.

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Published on: January 13, 2016

Tips on completing the OCF-18 Treatment Plan so you can get the treatment you deserve (Ontario)

By Goldfinger Injury Lawyers

After a serious car or motorcycle accident, chances are you will need a wide variety of treatment. Some of that treatment will be covered by Ontario’s OHIP Healtcare System. That means if you have a valid Ontario Health Card, it will be FREE. Seeing a medical doctor (not a chiropractor or a psychologist), a hospital visit, and even treatment through the Community Care Access System (CCAC) is all covered. This is fantastic news for accident victims, especially when you compare healthcare in Canada vs. health care costs for our neighbours south of the border.

Some treatment isn’t covered by OHIP. Things like physiotherapy, massage, chiropractic care, occupational therapy, speech language pathology outside of the hospital, psychology treatment, social work, rehab coach etc. All of these things are NOT covered by OHIP (with some exceptions). If you’ve been involved in a serious motor vehicle accident, chances are you will need at least one, if not a few of the aforementioned treatments. Without OHIP or collateral benefits, you will have to pay for these treatments out of your own pocket. If you aren’t working following a serious car accident, you likely won’t have the money to spend out of pocket on these treatments unless you’re incredible well off.

Here is the “good news”. When I put “good news” in quotes, it’s because I’m explaining a text book; best case scenario…And we all know at law; these text book best case scenarios rarely happen. That’s why there are so many personal injury lawyers around.

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Published on: December 24, 2015

Goldfinger Injury Law’s tips on keeping things safe this Holiday Season (Ontario)

By Goldfinger Injury Lawyers

The Christmas lights have gone up. The festive parties are a plenty. The snow is….um…..non-existent with some of the highest temperatures Ontario has ever seen for December. In any event, it’s HOLIDAY time once again.

Around this time, and in to the New Year, our lawyers get some strange, and some not so strange calls. This means that there are some common injury patterns we see, and other patterns which aren’t so common. Without further a due, here are Goldfinger Injury Lawyers’s top tips on keeping things safe for the Holiday and New Year season.

DON’T DRINK AND DRIVE: Quite simply, alcohol and driving don’t mix. And that statement applies to any amount of alcohol consumed; even if it’s “just a couple of drinks” at a friend’s Holiday Gathering. We can tell you that R.I.D.E will be out in full force across Ontario; from London to Peterborough, to Toronto to Sudbury. Your local police force will be out there making sure people aren’t drinking and driving. If you play your cards right, you may even get a coupon from those friendly officers at R.I.D.E. I would also like to add that the term “driving” applies not only to cars, motorcycles or other vehicles. It also applies to bikes, E-Bikes, scooters. segways, etc. We get a lot of crazy calls of people riding anything with wheels (motorized or non-motorized) after having consumed a few too many drinks with catastrophic consequences. Drinking and driving is always a choice. Make the right one and arrive alive and in one piece. You’re not just putting your life at risk, but also the lives of other innocent people and their families at risk as well. No amount of money can ever properly compensate somebody for a loss of limb, a catastrophic brain injury, or the loss of a loved one. Continue reading →

Published on: December 9, 2015

Changes to Ontario Accident Benefit Claims are coming …yet again!

By Goldfinger Injury Lawyers

It seems that every few months or so, the Toronto Injury Lawyer Blog is discussing the topics to changes in car insurance and accident benefit disputes in Ontario. Is it because we LOVE blogging about accident benefits? Not really. Accident benefits are quite frankly, an incredibly complicated and dense area of the law. The rules for accident benefits, in many respects, are made in favour of large insurance companies and designed to limit an injured claimant’s ability to recover an income. It’s not a committee of accident victims who sit around and make these laws, and tweek them ever so slightly. Rather, it’s deep pocketed insurers and so called “insurance experts” who do so at the behest of the large insurance lobby.

A few quick examples of some arbitrary decisions which accident benefit laws have imposed:

No monetary reimbursement for a trip to the doctor which is under 50km. Why 50km? Who picked the 50km distance? Your guess is as good as mine
A maximum recovery of just $3,500 for soft tissue injuries which are classified to fit under the Minor Injury Guideline. Why just $3,500? Because that’s what insurers and our government deems to be reasonable. Interesting enough, that $3,500 is less than you paying the full value of your car insurance premiums over a 3 year period in Toronto, London, Ottawa or another large city in Ontario.
A maximum recover of $50,000 for claims which aren’t catastrophic, but not Minor. Why a $50,000 limit? Beats me.
An income replacement benefit of a maximum of just $400/week under a standard Ontario Automobile Policy, which has NOT increased to reflect inflation over the past 15 years.
A deductible which will be increasing from $30,000 to $36,500 for pain and suffering claims. Why $36,500? Beats me.

As you can see, many of the monetary limits imposed in accident benefit law in Ontario are just numbers which seem to be picked out of a hat to favour insurers. Not once have I ever met an injured accident victim, or an ordinary person who believes that these limits are reasonable or helpful for claims.

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Published on: November 24, 2015

Goldfinger Law’s Top Tips on Completing the OCF-6 Expenses Claim Form (Ontario)

By Goldfinger Injury Lawyers

The OCF-6 Application for Expenses or Expenses Claim Form is the MOST IMPORTANT FORM to get paid back for your out of pocket expenses following a car or motor vehicle accident.

Immediately after a serious accident, the bills and expenses can quickly add up. Hospital parking is a fortune these days. Hospital meals, medication, the ambulance bill, damaged clothing, broken glasses, equipment rental for ramps, crutches, a wheelchair or simply purchasing a cheap cane from a drug store. All of these expenses quickly add up.

Some of the first questions from prospective clients isn’t how much their case is worth. It’s how can I get re-reimbursed for my out of pocket expenses?

I’ve always found this a bit odd; but I suppose it’s human nature. In the context of a multi million dollar claim, we are worried and insurers fight over the smaller $10 expenses; yet they are willing to pay out $1,500/month for attendant care benefits without issue; or pay out much larger amounts on a periodic basis.

In any event, the purpose of this Toronto Injury Lawyer Blog is to assist you in preparing your OCF-6 the right way, so that your out of pocket expense claims gets approved instead of denied.

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