Articles Posted in Car Accident

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Yes. End of post….

Alright, you want some more legal info. Well here ya go.

Around Halloween, I get the odd call from parents telling me that their children were out trick or treating with them, and got a bit too much sugar in their system; and didn’t look both ways before crossing the street. And Blam. A car accident involving a minor happens. We get a lot of these calls from Toronto, because Toronto’s streets tend to be more congested than other areas of Ontario. But that’s not to say that these sort of pedestrian car accidents don’t happen elsewhere in Ontario (London, Peterborough, Cobourg, Oshawa, Belleville)
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Want to learn about the importance of completing an OCF-3 Disability Certificate after your Toronto car accident? Read on.

The OCF-3 Disability Certificate is a form created by the Financial Services Commission of Ontario. Why they created this, along with other silly forms is still a mystery to me, along with personal injury lawyers across Ontario. It all has to do with Ontario’s complicated no-fault accident benefit regime, but that’s the subject of another post.

In any event, following your car accident, your insurance company will send you a booklet of forms. And when I mean booklet of forms, I really mean it. If you don’t like reading, or you don’t like completing standard forms which require a lawyer to understand, then you’ll certainly have issues with these forms. One of the forms is called the OCF-3 Disability Certificate. This is probably the most important and telling form for you to have completed.
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People always ask me: Brian, when am I gonna see you on the big screen? When are we going to see a Goldfinger Injury Lawyers video? Well fans, the time has come for our law firm’s very first stab at the silver screen. Now, this ain’t no Hollywood production. It wasn’t not filmed at our Toronto office either. It was filmed at our London, ON office on a rainy day. I hope you enjoy! Tech Tip: Scroll onto the screen and click the “Play” button to start.

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It’s astonishing the number of car accident victims in personal injury cases who come to my law firm unprepared for some of the questions I have to ask them. Basic things like:

1. When did your car accident happen?
2. Do you recall the time of day when the car accident took place?
3. Who was in the car with you at the time of the car accident?
4. Do you recall if the police attended at the car accident scene?
5. Do you recall if an ambulance came to the site of the car accident?

For some people, these questions are difficult to answer, if not impossible due to a brain injury, or the catastrophic nature of their injuries. Some people are unable to communicate given their injuries, or have post traumatic amnesia following their car accident. We see it all the time.
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A traumatic Toronto Car Accident not only has a profound impact on the injured party. It also has a big impact on the family of the injured party and their loved ones. I’ve seen this time and time again as a personal injury lawyer.

The way that car accident law works in Toronto, and for the rest of Ontario, is that family members can be compensated in relation to the accident. But, this compensation does not cover pain and suffering, trauma or mental distress. The law for family members is rather limited. It only covers damages for loss of guidance, care and companionship. Again, don’t confuse this with pain and suffering or emotional distress. This is a common mistake made by accident victims and their family members. I wholeheartedly agree that family members should be compensated for the significant changes which follow after a catastrophic motor vehicle accident.
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I’m sad to report that Goldfinger Injury Lawyers has a file cabinet full of drunk driver cases. That means that despite all of the public service announcements, press releases, and sad stories you see on the 6 o’clock news, people still aren’t getting the message. Drinking and driving kills. Drunk driving accidents have resulted in some of the most serious and catastrophic accidents our law firm has seen. The stories of the accident victims and their families from these car accidents is horrific, and something nobody should have to live through or experience.

One of the most horrific drunk driving accidents Toronto has even seen took place this past month.
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People always ask me: Brian; I’ve been hurt in a car accident and now I can’t work. How am I going to pay my bills? How am I going to get by?

Great questions. Completely legitimate concerns. We here at Goldfinger Injury Lawyers recognize that if you’re name isn’t Sheikh Khalifa bin Zayed al-Nahayan (net worth 15 billion and the world’s wealthiest Sheikh), chances are that money is a big concern following a devastating car accident. HH-SHEIKH-KHALIFA-BIN-ZAYED-AL-NAHYAN.jpg

But first, I’d like to take a moment to recognize all the great emails I’ve been getting from my blog followers. My cousin Natalie formerly of Toronto, now of Florence by way of Los Angeles writes:
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Located on the 7th floor of 361 University Avenue in downtown Toronto, the Estates Court is removed from the fast paced hustle and bustle of the ever busy Superior Court List across the street at 393 University Ave.

It’s not everyday a personal injury lawyer has to attend at Estates Court. There are a lot of differences between the Superior Court where motions in car accident cases are held, and the Estates Court.

For starters, the Estates Court is gorgeous compared to the Courtrooms on the 6th floor at 393 University Avenue. Sorry Masters. There’s actually space for counsel to sit down. Lawyers aren’t piled up on top of one another in a cramped up, windowless courtroom. Lawyers are treated like cattle. Seriously. Don’t believe me? Come by 393 University Ave on the 6th floor and you tell me if it’s as cozy Courtroom you initially pictured in your mind. Did I mention there are no windows?
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Ontario Motorists will want to read this case. Provincial Court Justice Shaun Nakatsuru ruled that it was alright for a motorist to briefly hold their cell phone while driving. The facts of the case are interesting for anyone to read (lawyer or not).

Disclaimer Alert! This article is not intended to be legal advice and I am NOT advocating that you now go around holding your active cell phone while driving. That’s not cool.

Here are the facts of the case:

On April 26, 2010, the accused KHOJASTEH KAZEMI was returning to work from the CAS in Oshawa. She dropped her cell phone in the car while driving home on the DVP. She did not pick up her cell phone while driving on the highway. She arrived at a red light at the corner of Gerrard St. and River St. in Toronto, and proceeded to pick up her cell phone from the floor of the car.

A Toronto Police Office, PC Miller was standing at the corner on traffic duty. He saw Ms. Kazemi reaching down of the floor of her car, and he believed that she was pressing bottons on a cell phone. PC Miller tapped on Ms. Kazemi’s window and saw that she was holding an open Nokia flip phone (do those even exist anymore?). PC Miller gave Ms. Kazemi a ticket under the new provisions of the Highway Traffic Act (ss 78.1) under the distracted driver provisions of the Act.
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The SABS were changed effective September 1, 2010, requiring that in order to recieve Attendant Care Benefits, and injured party must show that the care giver has sustained an economic loss, and that the expense has in fact been an “incurred expense“. That effectively means that if the care provider was unemployed before the accident, they would NOT be entitled to recieve any attendant care benefits, because no economic loss has been sustained.

What this change to the SABS has done, is effectively limited a family member’s ability to collect attendant care benefits, particularly if that family member was unemployed before the car accident, or a stay at home parent. The rationale is that the attendant care provider would have been at home anyways, so why provide them with any benefits.
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