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One of the greatest weapons which an insurer has in their arsenal of defence strategies is surveillance.

For those of you who don’t know, surveillance is when an investigator follows an accident victim and films, records them, or takes photos of them when they’re out and about in public. For this Toronto Injury Lawyer Blog Post we will NOT be examining the growing field of cyber/on line surveillance. Rather, we will dig deep in to the field of “old school” sleuthing surveillance where the Plaintiff gets followed or tracked by an investigator or team of investigators.

For most accident victims and disability claimants, they don’t know they’re being followed until it’s too late. Others recognize they’re being followed immediately, but still go on with their normal routine.

A picture says a thousand words. Pictures and film recordings in the context of a Judge along or Jury Trial in Ontario are very persuasive. Hearing a medical expert drone on and on about pain complaints can get very boring. BUT A MOVIE: now that’s exciting.

Think back to the days when you were in grade school. A teacher would lecture and the students would fall asleep. No matter how engaging the teacher, there were always a few kids in the classroom who never paid attention.

BUT, when the teacher brought in the television to play a movie, or to show some slides, even the kids with the shortest attention spans perked up.

This is exactly what happens in the Courtroom when the lawyer for the insurance company plays their surveillance video. All of the jurors immediately perk up to see what the investigators caught on camera. Those video and still images leave a lasting impression on the jury. It shows the Plaintiff in a light they don’t want to be seen in. It shows the Plaintiff engaging in normal every day life when they think there’s nobody watching. For those reasons, surveillance is a very powerful tool which should not be underestimated.
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One of the most important, most complex, and trickiest claim forms to complete following a car accident is the OCF-3 Disability Certificate.

Never heard of an OCF-3 Disability Certificate? That’s ok. Most people haven’t heard of any of these “OCF” claim forms until after they’ve been involved in a car accident.

There are many purposes to the form. But, the primary and general purpose of the form is to let the insurer know what injuries you’ve sustained as a result of the car accident.

The OCF-3 is completed by two people. The first half is completed by the accident victim themself, a family member, a lawyer, a friend, or a loved one. The first part of the form asks some very basic information which you ought to have no problems completing (provided that you can read and write in English). If English is NOT your first language, or you have problems reading and writing, then it’s best to get somebody else to complete the form on your behalf.

You will be asked for your name, date of birth, address, telephone number, and the date of the car accident. The trickiest part of the top part of the form is completing the section which asks you to describe how the car accident happened, along with the injuries you’ve sustained.

The insurer will look back to this section, and cross reference it with the medical and police records they’ve gathered throughout the litigation process. If there are any significant discrepancies, then beware.

Example: You say in this part of the form that the car accident was a t-bone collision and that the at fault driver also fled the accident scene. As a result of the t-bone collision, you’ve sustained a fractured skull, and 3 broken ribs. But the police records show that this accident was actually a rear end collision, and that you didn’t break any bones whatsoever. This will be a big red flag for the insurer, so be careful how you complete this part of the form. It’s best to consult a lawyer before submitting it to the insurance company. I have seen many a defence counsel refer and rely on these forms and accident/injury descriptions to hurt the credibility of injured accident victims, so don’t underestimate the importance of how you complete this part of the OCF-3 Disability Certificate.
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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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One of the most interesting cases our law firm has ever handled, was a jail house assault matter in Sarnia Ontario.

The Sarnia Jail has been know for its overcrowding issues and violence. When you have too many people under one roof, things are going to get rowdy. When you have too many people under the same roof with poor supervision and deteriorating conditions, things are going to get bad QUICKLY. Nevermind the fact that none of those people in the jail want to be there in the first place.

And things sure did get bad for a client of ours. He was beaten repeatedly with a hunk of cement from a deteriorating jail house wall which was stuffed in to a pillow case to create a sling like weapon. The result was a traumatic brain injury, multiple orthopaedic injuries, along with permanent disfigurement to his fingers and ears. It wasn’t a pretty site.

Where were the guards in all of the commotion? How diid the guards not stop the beating, or prevent it from happening in the first place? Why didn’t the guards see an inmate with a hunk of cement wrapped in to a pillow case to begin with? How on earth does such a violent assaut take place on government premises?

All of these questions and more were asked by the lawyers trying this case.
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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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If it sounds too good to be true; then beware! (free legal advice)

This saying applies to sales, services and deals we see in our every day lives. It even applies to legal fees in personal injury cases.

How so? Good question.

I’ve heard of injury lawyers quoting prospective clients that their “fees” will not be greater than 10% or 15% of the total value of the sum recovered.

This sound like an amazing deal, considering that nearly every accident lawyer who works on a contingency fee, or modified contingency fee basis charges in the range of 20%-30%, depending on the case.

So what would drive a lawyer to charge 10%-15%? Are they planning on working 10%-15% less than another lawyer who charges 20%-30%? Is the case so AMAZING that it warrants such a discount? Does the lawyer the client so much that s/he is willing to reduce their fees that much?

There’s gotta be a catch…..

There is! And I will tell you exactly what that catch is, and how these sort of lawyers hand it to you in a round about way.
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Halloween is fast approaching and everyone is getting in to the spirit. Household decorations are popping up. People are crunching trying to find that perfect holiday costume. And what about the mounds of candies and treats that are yet to come. It’s a fun time which shouldn’t be tainted by accident or injury.

You would be AMAZED at the volume of post Halloween personal injury calls that our law firm receives. When things go wrong, we hear about it and we hear about it fast.

With that being said, the following Toronto Injury Lawyer Blog Post is our best attempt to warn you about some of the top accident/injury calls we get around this time of year to prevent them from happening to you or your loved ones.

1) Injuries caused on account of darkness Trick or treating happens in the dark. Because it’s dark, pedestrians often can’t see where they’re walking. This might cause them to trip and fall on a hazard which they might otherwise see in the daylight. How can you solve this problem? Try starting your trick or treating a bit earlier when there’s more daylight. Carry a flashlight to guide your way. Walk in areas which you’re familiar with. Walk on well lit streets or well lit paths. Visibility is important.

Other injuries we see on account of poor visibility involve pedestrian/car accidents. Cases where cars fail to see trick or treaters, and knock them over causing serious injury. Motorists need to be especially cautious while driving on Halloween to avoid energized youngsters on their quest to candy. Drive slow. Put on your head lights. When in doubt, slow down. The same what that motorists need to be careful of pedestrians; pedestrians also need to be careful of negligent motorists. Walk on the sidewalk. Carry a flashlight. Get some reflective tape for your costume or on your candy collecting pail. Don’t dress in all black because motorists won’t be able to see you well.
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The first thing which comes to mind when thinking about compensation for personal injury law cases is that they’re all about pain and suffering, or general damages as they’re known.

People who focus on in this area know that damages for pain and suffering are significant, but they aren’t the be all and end all of compensation for an injury case. There are MANY more headings and heads of damages for an injury case which can be much more lucrative than general damages.

The purpose of this Toronto Injury Lawyer Blog Post is to examine damages for pain and suffering and how they work.

One of the most commonly asked questions for our lawyers is HOW MUCH IS MY CASE WORTH? MY PAIN AND SUFFERING IS IMMEASURABLE.

As always, these questions are hard to answer in a quick 140 character Tweet. It all depends on the facts of your case, the nature of the injuries sustained, your pre-accident health, pre-accident life style, and how your recover (or don’t). Every case is different, and every award for damages is also different.

A very long time ago, when dirt was young and when there was little to no traffic on the 401 or in the City of Toronto, the Supreme Court of Canada ruled on 3 distinct cases that are commonly known as the “trilogy”, In these case, the Supreme Court essentially ruled that damages for pain and suffering (general damages) were capped.

Unlike the United States, where we see massive awards for general damages in the millions and millions of dollars; damages for pain and suffering in Canada will not exceed around $356,000 or so in 2014. Sounds crazy right? Just $356,000 to measure pain and suffering!?!?! I agree. But the Supreme Court did this for good reason.
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Our lawyers represent clients from all across Ontario.

From Southwest Ontario, Toronto, all the way to the Northern most part of this great province.

I will be in Thunder Bay this month, and next month helping out innocent accident victims. People want to know what sort of differences we see in our cases from more urban settings such as London, Hamilton or Toronto, compared to more remote settings in the Northern Parts of Ontario.

I can tell you that it doesn’t matter where you are; we see plenty of odd and strange stuff. Having said that, the odd and strange things we see in Northern Ontario are unique to Northern Ontario. Don’t believe me? Try these cases out for size!
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