Articles Posted in Insurance

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Every injury case is different. That’s because every person is different; every accident is different, every injury is different; and everyone’s pre and POST accident health is different.

But, there are many similarities to personal injury cases.

For starters, all car accidents will involve some sort of motor vehicle. Liability; the legal term to describe whose fault is the accident will be examined. The severity of the injuries will be examined. And, the cause of those injuries (causation) will be examined. The concept of damages will also have to be examined.

In order for lawyers, judges and juries to get answers to the above noted topics, they will all ask very similar questions to get the information they need to assess your case.

In this respect, many lawyers can predict and prepare our clients for the questions their clients will be asked during the course of their personal injury case.

And, it’s for those very same reasons that we here at the Toronto Injury Lawyer Blog will now provide you with a list of commonly asked questions of accident victims during the course of their case. We’ve picked some pretty obvious ones, and some not so obvious ones that you would never soon guess.
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We often get calls from people who have received, or are in the process of receiving WSIB (Worker’s Compensation) Benefits and now want to sue their employer.

Let me preface this Toronto Injury Lawyer Blog by stating that our law firm DOES NOT handle WSIB matters. There are a handful of lawyers across the province who practice in this area, but those numbers are dwindling for a variety of reasons which should be the subject of a different blog post.

In any event, there are situations where an employee gets injured in the course of their employment. The employer may file a claim to the WSIB. The reason the employer does this so quickly, is because it’s the LAW to report any workplace injury to WSIB and to open a claim.

It’s then up to the injured employee to decide whether or not they want to pursue a WSIB claim, or whether or not they want to SUE using lawyers like the ones from Goldfinger Injury Lawyers. You CANNOT do both! In some instances, you cannot sue regardless of the situation. This all depends on whether or not your employer is designated as a Schedule 1 or Schedule 2 employer. The good people at the WSIB will be able to assist you in that regard. You can find out more information on the WSIB from their website at WSIB.ON.CA
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Last year around this time, our law firm published our top winter safety tips in the ever popular Toronto Injury Lawyer Blog. If you didn’t catch those tips, you can read about them here.

Environment Canada is predicting a milder winter, compared to las year.The’re predicting less snow, less ice, and much warmer temperatures vs. last year’s harsh winter.

But ask yourself. Do you really believe Environment Canada!?!?! I swear, when they predict sun, it rains. When they predict sunshine, it rains. You get the picture.

In any event, would such a prediction from Environment Canada stop you from getting you ready for another Ontario Winter?

So, without further a due, here are Goldfinger Injury Lawyers’s revised winter safety tips for the 2014/2015 winter season. The old tips we previously published are still good,but these tips add to the old.
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I was recently mediating a Long Term Disability Claim on behalf of a disabled client who worked for Canada Post.

She was diagnosed with a wide variety of ailments, including but not limited to:

– Disc Bulges at various levels requiring surgery – Chronic Pain stemming from her back radiating down her legs requiring her to use a can to walk – A Major Depressive Disorder – An Anxeity Disorder – Sleeplessness – Fatigue – Constant Headaches
It was clear to all of the lawyers and staff at our office, that she was completely disabled; not just from her own occupation, but from ANY occupation for which she qualified by reason of education, training and experience. It was clear to her treating doctors and medico-legal experts that she was not a candidate to return to her old job at Canada Post, or work at ANY occupation whatsoever. Nor, was she a candidate for retraining given her age and the nature of her disability which effected her stamina, concentration, memory and abilty to work and interact with others.
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It’s starting to get a bit chilly outside and snow is on the horizon.

Many snowmobile enthusiasts are gearing up for another great winter on the trails. Before you head out this season, the Court of Appeal just released an important ruling dealing with the importance of insuring your ATVs, snowmobiles and other recreational vehicles.

So, before you hit the trails this winter, take a quick read at this Toronto Injury Lawyer Blog Post so that you have all of your bases covered.

For starters, when you sign up for car insurance OR homeowners insurance, the broker (in person or over the phone) may ask you if you own any other vehicles aside from the car(s) which you are seeking to insure. These other vehicles can include ANYTHING with an engine. A scooter, a seado, a skido, a quad, a dirtbike etc.

Knowing how many motorized vehicles is important to the insurer so they can provide you as accurate a quote for coverage as possible. This is getting increasingly important with all of the E-Bikes we are seeing on the road.

It’s also important for you, the consumer to disclose this information because you don’t want to be riding on an uninsured motor vehicle; when that vehicle should have been insured. This is exactly what happened to Arthur Matheson on October 11, 2008. What exactly happened to Mr. Matheson? Read on to find out!
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When innocent parties get run over by a car, or hit while they’re riding a bike, they automatically think that some for of insurance company will respond to their claim.

On one hand, they’re right: some FORM of insurance should respond. But what form that insurance comes in (private/public/fast/slow) is a different story.

The insurer of LAST resort is the Ontario Motor Vehicle Accident Claims Fund or “The Fund” as it’s known to many lawyers across Ontario.

But, getting the Fund to respond to your claim is not as easy as it sounds, nor are they quick to act in any way, shape or form. After all, we’re dealing with a government entity.

In Ontario, we have a system of no fault accident benefits. That system, is supposed to provide all injured accident victims with support for their rehabilitation costs which are not covered by OHIP after an accident. Physiotherapy, chiropractic care, occupational therapy is all NOT covered by OHIP, except in very limited circumstances, either through the hospital or through Community Care Access Centre (CCAC).
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Readers of the Toronto Injury Lawyer Blog have asked for quick, easy to understand answers to their legal, personal injury related questions. We try to do this every week, but this week, we’re going to do something a bit different. Instead of focusing on one or two topics, or recent developments in the law; we’re going to give you a rapid fire Q & A with our directing lawyer, Brian Goldfinger (BG). We hope you get something out of this rapid fire question and answer series. If it’s a success, we’ll try to do it more often.

Q: What sort of cases does your law firm handle?

BG: We handle a wide variety of personal injury claims and insurance disputes. From catastrophic car accidents, brain injuries, motorcycle accidents, long term disability claims to dog bite claims; we handle them. Basically, if you’ve hurt or injured, our law firm can find a way to help you out if you have a cause of action and a valid claim.

Q: Does your law firm practice in any other areas of law aside from personal injury claims?

BG: No. We focus on in injury claims, and that’s pretty much all we do. Any legal matters for wills, estates, business law, criminal law, family law etc. all gets referred to my colleagues who focus on on those areas of the law.

Q: It all comes down to money, and our readers want to know how much it costs to meet with you.

BG: Meeting with me is FREE!

Q: But how much does it cost after the free meeting? There’s gotta be a catch.

BG: There’s NO COST after our free consultation. If we like you, and we like your case, then we will take your case on what’s called a “contingency fee basis”. This is a fancy legal term for you don’t have to pay any legal fees until your case settles. That means you pay legal fees at the end of the case, and the legal fees are contingent upon our recovery for you in your case.
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A recent CBC News story cited that chronic pain impacts one in five Canadians. That’s a helluva a lot of Canadians who have to deal with chronic pain. In case you’re wondering, “helluva” is NOT a legal term.

Are you suffering from chronic pain? Do you know what it’s like to live day after day with a pain that won’t subside. Do you know what it’s like to deal with pain that’s so bad you can’t focus, can’t concentrate, and causes you energy to deplete such that all you feel like doing is staying in bed all day long?

I wouldn’t wish this type of pain on my worst enemy. Dealing with chronic pain, and treating it are hard enough.

Having to explain your symptoms, along with your daily routine and why you can’t function for an already skeptical insurance adjuster and insurance lawyer are even more difficult.

Making matters even worse is that treating chronic pain isn’t always as simple as taking a pill and hoping that the pain goes away. The wait time to see a chronic pain doctor (commonly referred to as physiatrists, or rheumatologists or some family doctors with special training in chronic pain also qualify) can be over a year.

If you live in a rural community, then finding such a doctor might require travel to a more urban centre. I’ve seen clients from North Eastern Ontario and the Kawarthas travel to Peterborough or to Toronto for treatment. Sometimes they have to travel to Oshawa depending on the availability of doctors.
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When a police officer asks us a question, we’re taught to do our very best to co-operate. Why wouldn’t we want to co-operate with the authorities and help them do their jobs.

When I was young, we were taught in school to answer questions as best as we can. We weren’t very concerned with issues of fraud or breach of privacy as we are today.

Those hard and fast principals go out the door in a legal context.

In a legal setting, when you’re asked a question, you had better make sure that your answers aren’t going to hurt your case, or stop your case from proceeding before it’s even had a chance of getting off the ground.

These warnings don’t apply as much with authorities such as the police, as they would with insurance adjusters.

You would be amazed at the amount of personal and confidential information which accident victims freely give up to insurance companies over a simple phone call or during a simple statement.

After you’ve been involved in a serious car or motorcycle accident, it’s pretty safe to say that either one of the parties or the police will report the accident to the parties’ respective insurance companies.
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The idea behind Critical Illness Insurance sounds great.

If you suffer from a particular critical illness, then the insurance company will pay you a lump sum.

What sort of critical illnesses are covered are defined by the policy.

It all sounds great, and sounds like a very lucrative proposition. For many, this sort of insurance bets AGAINST your very own health. People think that if they sustain a heart attack, then they’ll be entitled to a lump sum under the policy. So, eating that hamburger and skipping that workout might actually pay out in the long term if your critical illness policy works the way you think it works.

Unfortunately, many of these policies don’t work they way that you think they work, or the way that the broker who sold you the policy explained it to you.
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