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This is Part 1, of our 2 part series on getting to know your Rehab Team following a serious accident in Ontario. We have to do this feature in two parts on account of its length and we didn’t want to miss anybody. The second part will be released next week.

After a serious accident (car or otherwise), you will be exposed to a variety of medical and rehabilitation professionals. Some you will see in hospital or rehab facility. Some you will see at home. Others you will see at their office.

Either way, understand who these medical professionals are, and what their role is will help you better understand the rehabilitation process.

This installment of the Toronto Injury Lawyer Blog will introduce you to your rehabilitation team following a serious accident (catastrophic accident, brain injury, orthopaedic injury etc.).

The reality is that money is often the main driver of most anything in our society. These doctors and rehab professionals do not work for free. Some are paid through the OHIP system. Some are paid by a private health insurer. Some are paid directly by car insurers. Some get funded through crowd sourcing! Some will defer payment and get paid upon settlement. Understanding how these doctors and rehab professionals are financed will help innocent accident victims better understand some of the finer financial aspects of their case. Continue reading →

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Since the Christmas Holiday, our law firm has received dozens of phone calls from prospective clients with respect to their slip or trip and fall cases. The way these accidents occurred all vary. We see a number of snow, ice, slush or general slippery conditions caused by damp condition claims. We also see a variety of pot hole or crack claims. We also see uneven surface or poorly maintained stair claims.

The mechanism of the falls vary, as to the injuries sustained. From ankle fractures, femur fractures, broken arms, broken wrists, separated shoulders, shattered elbows, even broken noses. Ouch!

The reality is that this is now slip and fall season and we handle a lot of these cases around this time of year.

As discussed in a previous Toronto Injury Lawyer Blog post, there are many pit falls for slip and fall cases. The most important which we tried to address was the issue of liability. This is concept of proving negligence (or wrong doing) agains the party you are seeking to sue (normally the property owner, or the company responsible for the maintenance/care of that property).

The thing our lawyers try to hammer home is just because a slip or trip and fall happened, and injuries were sustained, doesn’t necessarily mean that there will be a winning personal injury case there. The Plaintiff needs to establish that the Defendant was negligent (or at fault, or responsible) for said slip and fall accident.

Without establishing liability, there is no case to be had; regardless of how significant the injuries may be.

This is why sometimes in slip and fall cases, the injuries are almost secondary to how the actual slip and fall took place. In certain instances, the parties will AGREE on damages at trial, and argue only on liability.  This is exactly what happened in a case which went all the way to the Ontario Court of Appeal in Kamin v. Kawartha Dairy Ltd. 2006 CanLII 3259 (ON CA).

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Everyone here at Goldfinger Injury Lawyers hopes that you had a safe holiday season, along with a Happy New Year. We also hope you’re doing your best to keep warm, as most parts of Ontario have experienced a deep winter freeze over the past month or so.

We kick off the first post of 2018 in the Toronto Injury Lawyer Blog with an examination of medical marijuana for your personal injury or long term disability case.

We here at Goldfinger Injury Lawyers are going out on a limb and declaring 2018 the year of pot/marijuana. As we get closer to July 1, 2018, we will hear more and more about the legalization of recreational marijuana. It may, or may not be legalized by that time. Justin Trudeau has given mixed signals on when recreational marijuana will be legalized; and the provinces are still working out how it will be dispensed. Ontario is leaning towards an LCBO style model. What model will work best has yet to be seen.

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It’s Winter.

For personal injury lawyers like Brian Goldfinger, that means it’s slip and fall season.

In a cold weather climate like Ontario, our personal injury lawyers get calls from a lot of prospective slip and fall clients.

While every case is different, there are certainly common threads in many winter time slip and fall cases which we would like to share with the readership of the Toronto Injury Lawyer Blog.

Brian Goldfinger and the team at Goldfinger Injury Lawyers will hope this knowledge will better prepare you for handling your slip and fall case, along with the barriers to recovery.

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It’s December 20, 2017. We are in the thick of the Holiday Season. Brian Goldfinger, on behalf of Goldfinger Injury Lawyers PC wants to take this opportunity to wish you and your loved ones a Happy and Safe Holiday Season.

Brian Goldfinger would be lying if he told you that things slow down at Goldfinger Injury Lawyers PC around this time. That’s not a true statement.

We see a lot of insurers and defence lawyers alike looking to close their files. Our law firm also receives a lot of call and inquires through the holidays from prospective clients regarding serious car accident cases, slip and fall cases, motorcycle accidents and long term disability claims.

Just because the Courts close for a few days for the Holidays doesn’t mean that the world of personal injury law slows down. In fact, lots seems to happen for whatever reason one the Holidays. If Brian Goldfinger could give a good explanation as to why this happens, he would.

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This installment of the Toronto Injury Lawyer Blog Post will deal with Brian Goldfinger’s tips on driving in Winter Wonderland.

Now that winter is here (officially), it’s important to get a refresher on how to stay safe when road conditions get hazardous on account of bad weather.

Brian Goldfinger has represented his fair share of personal injury clients who have been involved in serious motor vehicle collisions where winter weather has played a role.

“Most car accidents are avoidable” says personal injury lawyer Brian Goldfinger. “Speed and road conditions generally play a role; but so does bad judgment, and having the right equipment on your vehicle”.

Mr. Goldfinger will help the Toronto Injury Lawyer Blog readership in further understanding how to stay safe while driving in winter conditions.

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On December 5, 2017, Ontario Finance Minister Charles Sousa along with Attorney General Yasir Naqvi announced another set of major reforms to car insurance in Ontario. This set of reforms has a grandiose name, much like all of the other reforms which have been introduced in the 14+ years of Wynne rule in Ontario.

The “Fair Auto Insurance Plan” is intended to lower premiums in Ontario, and reduce fraud. Both sound like great things. Haven’t we been trying to reduce premiums over the past 30+ years? In that time period, have your premiums gone down? Have the premiums of your neighbours, friends, family members or loved ones even gone down in the past 5 years? Likely not according to our very informal survey of asking real people if their premiums have gone down.

The Fair Auto Insurance Plan is based on the recommendations from the Marshall Report, created by former head of the WSIB David Marshall. The Toronto Injury Lawyer Blog covered the Marshall Report entitled Fair Accident Benefits, Fairly Delivered in a previous entry here. If you haven’t read up on the Marshall Report, I suggest that you do if you want to better understand what the Liberal Government is hoping to accomplish.

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If you’ve been hurt or injured in a car accident, you are entitled to accident benefits from your own car insurer. These accident benefits are NOT damages for pain and suffering; nor are they compensation intended to make you whole for your attendant care, income loss, housekeeping claim, or loss of guidance, care and companionship with immediate family members.

Accident benefits are intended to help the injured accident victim get better following a car accident. They are also intended to supplement, to some form, for their income loss (up to $400/week) and attendant care (up to $3,000/month for non-catastrophic claims, and up to $6,000/month for catastrophic claims).

The problem lies herein. The insurance company supplying those accident benefits is typically your own car insurer; even though you or your insurer may have not even caused the car accident (hence the term no-fault benefits). But the accident benefit insurer gets to act as Judge, Jury and Executioner all in the same breath when determining which accident benefits they will pay, and which accident benefits they won’t pay.

If an insurer paid our on each and every claim, without contesting or opposing a treatment plan, they would not be nearly as profitable as they are today. Insurance companies are publicly traded corporations. Profits not only matter, but matter each and every quarter to ensure that the stock price increases for their share holders. Check the TSX for your favourite car insurers, which include but aren’t limited to Intact Insurance IFC.TO; Co-Operators General Insurance Company CCS-C; and Aviva PLC to name a few. The more money which insurers pay out to accident victims, the less money they get to retain in profit. That ultimately hurts their bottom line, and their share performance struggles on public stock exchanges.

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Our law firm handles many short term disability, and long term disability cases against large insurance companies. These insurers include but aren’t limited to: Manulife, Sun Life, Great West Life, Industrial Alliance, SSQ, Desjardins, Co-Operators, RBC Insurance, La Capitale, and BMO Insurance just to name a few.

It should be noted that not every insurer sells/provides Long Term Disability insurance. Some do, and some don’t.  And not every insurance company handles claims in the same way. Insurers may appear similar, and certainly do similar things; but that doesn’t mean that they are the same.

If you’re reading this instalment of the Toronto Injury Lawyer Blog, you may be contemplating making a claim for Long Term Disability Benefits, and don’t know where to start, what to do, what questions to ask, what to say (or not say) so that you don’t mess up your Long Term Disability Claim.

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We get a lot of questions from the readers of the Toronto Injury Lawyer Blog. Some serious. Some silly. This will be a mailbag installment of our blog whereby personal injury lawyer Brian Goldfinger will respond to those questions.

Please note that answers to your questions to do constitute a solicitor-client relationship, nor are they intended to form a full legal opinion as we have only received a small sample size of your case/question. The answers are general in nature, and are not intended to be former legal advice. For proper legal advice, consult with, and retain your own personal injury lawyer who will have a full understanding of your case. Every personal injury case is fact driven, and fact specific. Your case will likely have its own unique facts which will drive it in its own direction, different from other cases and different from the answers to questions below.

If you have questions for the mailbag section of the Toronto Injury Lawyer Blog, please tweet them to @Goldfingerlaw or email them to info@goldfingerlaw.com and reference “Blog MailBag” in the subject line. Please mention your name, and the City/Town where you reside, so we can refer to it in future posts.

Thank you in advance for your questions and queries. Funny ones certainly make us smile!

Continue reading →

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