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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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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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Our team of lawyers and staff at our firm have seen some very odd stuff this week which we’d like to share with our Toronto Injury Lawyer Blog readership.

There’s no doubt in our minds that what our clients have gone through this week have posed barriers to not only compensation; but barriers to justice all on account of administrative error and incompetence by public/government agencies.

In order to truly appreciate and understand these errors, you really need to understand the car accident and insurance system, and the roles which different actors and government agencies play.

I will do my very best to keep the legal jargon to a minimum so that even people far removed from car accident litigation can understand how these errors and incompetence have impacted persons lives.
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Serious accidents are exactly that. They’re SERIOUS.

They require a skilled, experienced, knowledgable and understanding lawyer to handle your claim.

But it’s not just the legal ups and downs that your personal injury lawyer will handle. A good lawyer, and one who knows what they’re doing, will help you get the rehabiliation and a team of professionals in place so that your treatment never skips a beat once you’re discharged from hospital. There is nothing WORSE seeing than a catastrophically injured accident vicitm who is not getting the rehabiliation or treatment which they need to help them get better. That irritates all of the lawyer and staff at Goldfinger Injury Lawyers. Arghhhhh…..

After a serious accident, it’s likely that you will be kept over at a hospital or a long term care facilty for an extended period of time. Chances are you might be transfered from one bed to another, or from one facility to another.

How long you stay at the hospital or the long term care facility is anyone’s guess. Ultimately, it’s up to the doctor to determine when it’s best for you to be discharged.

It’s important for the injured party and their family to understand that it’s the hospital’s goal to get you out of there, as safely and as efficiently as possible, so that they can free up another bed for another person. Much like a carousel, hospitals and rehab facilities are in a constant state of turnover. Patients come, and patients go. The longer a patient has to stay at the hospital, the fewer people that hospital has the capacity to treat and take on. Ultimately, the hospital or rehab facility wants to get you out of there ONLY when it’s safe to do so. Sorry to burst your bubble that they wanted to keep you there forever…
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If you keep up with the news, you will know there’s a shortage of family doctors. This shortage is more pronounced in rural or remote communities. Perhaps the notion of a shortage of family doctors isn’t accurate, but I’ll let the people at the Ministry of Health and the OMA debate that.

I’m sure we can all agree that people are having a tough time finding family doctors as many people in Ontario are WITHOUT family doctors. Many doctors aren’t accepting new patients.

Family doctors are very important. They represent the front line with respect to medical care and attention when you’re sick, injured or hurt.

In my travels across Ontario, I’m never shocked when people tell me that they don’t have a family doctor or that they haven’t seen a doctor in many years.

Lots of people don’t like going to see the doctor. The doctor’s office may conjure up bad memories, feelings of worry, or helplessness; so going to the doctor’s office isn’t a priority. Or, they can’t find the time in their busy work schedule to see a doctor. Or, perhaps they’ve had no reason for a very long time to get a family doctor when they have no pressing health problems. Or, their community just doesn’t have a family doctor nearby who’s taking on new patients. The closest family doctor might be a few hours drive away and making that drive just isn’t practical.

Our lawyers understand this. But, when an accident happens, the family doctor may be the most important medical professional for your case. Particularly in a chronic pain case.
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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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Clients always want to know what sort of damages they can claim in the long term disability case. As previously discussed in the Toronto Injury Lawyer Blog, damages in a long term disabilty case can be limiting.

Unlike a car accident case, there is usually no wrong doer, or tort feasor for the allged long term disability giving rise to the claim. It’s not like a masked bad guy came in the middle of the night and whacked the Plaintiff with a baseball bat and caused them to suffer from fibromyaligia, depression, anxiety etc. Normally, the disability giving rise to the claim is an unfortunate health condition, which nobody would wish upon their worst enemy.

In these sort of instances, when there’s no “bad guy” we can poin the finger at; then there’s no claim for general damages, or pain and suffering damages as they’re commonly known.

The money from these long term disability claims comes from the value of back payments monthly LTD payments owing from the insurer, to the insured. If successful at trial, a Judge will likely re-instate monthly LTD benefits, such that the Plaintiff continues to get paid on a month to month basis.

But clients always want to know what other damages are available in these sort of cases. It’s a very good question, because monthly disability benefits are capped at the monthly disability amount, less any set off (CPP, WSIB, etc.). This can be limiting. But there is potentially more compensation available to a claimant, depending on the nature of their claim.
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Your case is NOTHING without evidence.

Just because you’ve been involved in a car accident, slip and fall, dog bite, or you’re in pain does NOT mean that you have a injury case which has merit.

In Ontario, we prove and establish cases through evidence. If you don’t have proper evidence, then you don’t have a case. You can be the nicest person. You can be the most credible and likeable person. You can be the most articulate person. You can have the most catastrophic injuries ever known. You can be experiencing the worst chronic pain EVER; but without the proper evidence, you don’t have a case.

This is exactly what happened to poor Ms. Nandal in her slip and fall case against the Toronto Transit Commission (TTC). (Nandal v. TTC 2014 ONSC 4760 CanLii)

On or about the 18th day of November, Ms. Nandal was walking down the staircase at the TTC’s Kennedy Station in Scarborough, when she alleged to have “slipped and fell on slippery and debris strewn steps, falling down approximately 15 stairs, and suffering severe injuries“.

The gist of this is that Ms. Nandal alleges that she slipped and fell on some sort of debris or garbage, causing her to fall down a lot of stairs. The result was that Ms. Nandal fractured her clavicle.

Ms. Nandal sued the TTC under the Occupiers’ Liability Act, for failing to keep their property safe for public use. Ms. Nandal argued that the debris or the slippery stairs presented a hazard which the TTC knew, or ought to have known of, and failed to clean it up.
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