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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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99% of all car accident and injury cases settle out of Court.

1% (or less) of car accident and injury cases do in fact go to trial.

Civil Trials happen in 2 ways in Ontario. They’re either Judge alone; or, they’re Judge and Jury trials.

I just read a very interesting case that was recently released to the public. It was a brain injury trial/psych injury case which the lawyers estimated would take 3 weeks to hear. Instead, the trial took over 6 weeks to be heard. A link to the case can be found here.

Also, interesting to note that in this case, the car accident took place on August 3, 2001. The trial concluded on June 27, 2013, although cost submissions are not due until the end of September 2014. For you stats guys out there who love reading the Toronto Injury Lawyer Blog, that’s 12 years, 10 months and 26 days between the time of the car accident, and the conclusion of the trial (not including cost submissions).

To make matters even more complicated, I believe that the lawyer for the insurance company/defendant in this case may be appealing this decision. That means that the accident victim won’t get ANY money until the appeal is heard, which could take a number of more years.
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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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Recently, police forces from across Ontario began a 6 week distracted driving blitz. They’ve been handing out tickets left right and centre to crack down on offences like texting while driving, operating a cell phone while driving etc.

With the increase popularity and availability of smart phones, distracted driving has become a “hot button” safety issue. I remember when drunk driving was the “hot button” safe driving issue. Not that drunk driving offences are out of the public’s eye. They are now just sharing a bit of that spot light with distracted driving offences.

I remember when cell phones were are big a bricks. It was a status symbol to have one of these large cell phones. It was even a bigger status symbol to be seen chatting on that cell phone, during day time hours (when the minutes cost lost of $$$), and driving a car. That image gave off an impression of wealth, power, elevated status and success. You looked like a real shooter chatting on the cell phone while driving.

Who can forget the large centre console car phones (Cantel). They had a proper speaker feature, or you could also pull them up to your ear. The buttons were small, and you had to look down away from the windshield to make a call, or pick up the phone. These car phones were death traps; but they were also a status symbol.

Technology and times have changed significantly. With that, so has the etiquette and safety protocols of driving with a cell phone or mobile device in your car.
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Received a few calls wanting commentary on the recent fatal accident involving a 7 year old. The accident took place at intersection of Millwood Road and McRae Drive, south of Eglinton Avenue in Toronto in an affluent area of the City known as Leaside. The intersection has a baseball diamond nearby, a park and a children’s summer camp as well. Kids play in that area.

The facts of the case are still rather murky. All we know for certainty is that the child was struck by a van trying to make a right hand turn. No charges have been laid. Police continue to investigate this matter. Speed may or may not be an issue in this case. We’re still not certain.

Dignitaries and politicians attended at the child’s funeral including Prime Minister Stephen Harper and Premier Kathleen Wynne. Any funeral attended both by the Prime Minister of Canada and the Premier of Ontario is going to be a big story.

A fund raiser for Sick Kids in memory of the child raised well over $55K.

To say that the accident was a big deal and a big news story is an understatement. This car accident received national media attention.
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If you’ve consulted with a personal injury lawyer, then you’ve likely heard, or found out that 99% of these sort of claims settle BEFORE trial.

One of the tools which lawyers use to foster settlement is called mediation.

Mediation is an important step in any legal case. In fact, mediation is so important, that in Toronto, Ottawa and Windsor, mediation is actually required BEFORE a matter can be set down for trial. The Financial Services Commission of Ontario (FSCO) requires that all accident benefit disputes get mediated BEFORE they can proceed to Arbitration or to litigation. if you fail to mediate, then you can’t proceed.

Many clients want to know what they can expect at mediation. It’s a very good question considering that it’s such an important step in your case, and at the end of the day, the case might get settled if the mediation is successful. Mediation can be particularly nerve wracking for many because accident victims have never been through the process before.

The purpose of this Toronto Injury Lawyer Blog post is to get you more familiar with the mediation process; what to expect; and how it works.
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Today I purchased a new car seat for my young one. The amount of safety technology they put in to car seats for little ones is astonishing. I think that an army of engineers and crash collision experts spent years developing the safety technology in the car seat. The safety features of the car seat, combined the the safety features of modern automobiles such as front and side airbags, ABS breaks, re-enforced steel etc. can really give you a sense of security.

Did I mention the sheer selection of car seats on the market? The amount of brands, combined with the amount of options makes your task as a parent a difficult one. If the sales person doesn’t know anything about the brand or safety features, then you’d better hit the internet and hit it hard. The safety of your child isn’t something you want to take for granted.

Which got me thinking. If child car seat and auto manufacturers are putting in so much thought in to child safety; what are the Courts doing to protect the interests of children and minors?

Great question!

Rule 7.08 protects the rights of minors, which are, for the purposes of the Rules of Civil Procedure; “parties under disability” under the law of Ontario. Any person under the age of 18 is a “party under disability” and will need to be represented by an adult for the purposes of the law suit.
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