Can I apply for Accident Benefits?

Learn about the legal requirement that must be satisfied in order for someone to be able to apply for accident benefits and some recent cases where it has been applied Accident benefits are intended to facilitate immediate treatment and compensation after an accident. Liability is irrelevant. In most cases, the AB insurer is the injured person’s insurer. Unlike a tort claim, the injury does not have to be permanent and serious. The governing legislation is the Statutory Accident Benefits Schedule (or “SABS”), a regulation under the Insurance Act (or “IA”). In order to apply for accident benefits, one has to…

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What are collateral benefits? If I have any, how will they affect my tort award?

Collateral benefits are explained and it is shown how they can affect your tort and accident benefits claims Collateral benefits include private health benefits or disability insurance or benefits. Depending on the type of benefit, the defendant may be entitled to a setoff or deduction for the amount of the collateral benefit. Collateral Source Benefits Nature Function Deductibility CPP Disability Benefits Federal government program Monthly payments to supplement income for people who are unable to work because of their injury Whether the lawsuit is a tort claim or for accident benefits, the defendant is entitled to a setoff of these…

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What is the connection between a tort claim and accident benefits claim?

Discover the relationship between these two types of lawsuits A MVA file involves two lawsuits, a) the tort claim and b) the accident benefits claim. If a person is injured in a MVA (except on public transit vehicles), they are entitled to certain accident benefits regardless of whether or not they are at fault. There are strict timelines for accident benefits claims. First, it is necessary to claim from the accident benefits insurer before commencing a tort claim against the at-fault driver. Second, it is necessary to notify the accident benefits insurer of the intention to apply for accident benefits…

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Boone v. O’Kelly, 2020 ONSC 6932 – Case Comment

Find out about a recent decision where the defendant’s expert’s evidence was excluded This is a ruling on expert evidence by Beaudoin J of the SCJ. It determines the plaintiff’s motion to exclude the evidence of the defense’s expert witness, Dr. Burns, in its entirety. The defence sought an order dismissing the plaintiff’s motion and that, if Dr. Burns’ evidence is admitted, any concerns about it should go to weight. The ruling is a good opportunity for us to examine how the rules of expert evidence are applied. The plaintiffs include Paul Boone (“Paul”), by his litigation guardian, and his…

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What is an expert report, and when would I need one?

Here you can learn about what an expert report is and when one should be requisitioned The expert report is one of the most important pieces of evidence in a personal injury case. In this post, we will explore more about its nature and function. Expert reports are needed because independent verification of the injury(ies) is required. Some injuries are easier to prove; for example, objective injuries such as a fractured bone can be verified by an X-ray or medical records. Other injuries are harder to prove; for instance, subjective injuries such as chronic headaches are established by expert opinion.…

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A MVA claim – from start to finish

Get a bird’s eye view of the general process of a MVA lawsuit If you suffered injuries in a MVA for which you were not at fault, you can seek compensation from the at-fault driver and, more particularly, his/her insurer. In the consultation, we will review your case. The deductible and threshold are important factors in determining whether a lawsuit is feasible (they are discussed in detail in another blog post). After the consultation, the first major step is to identify whether or not the at-fault driver was insured at the time of the MVA. This fact is usually apparent…

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I’ve heard in order to successfully seek pain and suffering costs and health care expenses, the injured person must satisfy the threshold. What does threshold mean?

Acquire knowledge of the process for satisfying the threshold requirement of tort claims To secure compensation for your pain and suffering costs and health care expenses, you must have sustained either a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function. This is called the threshold. In a trial, the trial judge decides the issue of whether you meet the threshold. This means that, if the jury decides that you should be given damages, but the trial judge decides that you do not meet the threshold, you will not receive compensation. This is…

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How is Compensation awarded in tort lawsuits?

Gain an understanding of compensation and deductibles in MVA cases A number of different types of compensation are available to MVA victims: general damages for pain and suffering, special damages including past and future losses of income and/or loss of competitive advantage; out-of-pocket expenses; health care expenses (i.e. past and future expenses for rehabilitation and medical treatment); and past and future expenses for housekeeping and home maintenance, and damages under the Family Law Act (or “FLA”) for claims by family members of the injured person(s). Canadian personal injury awards are very different from ones given in the U.S. U.S. media…

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I’m new to personal injury law. Where do I begin?

Learn about basic terminology, court documents and time requirements involved in a tort claim It is essential for prospective clients to get a clear understanding of legal words and concepts commonly used in a personal injury case. A tort is an actionable wrong that arises from an action or inaction, by one or more persons, against one or more persons. If a single person committed the tort, they are called the tortfeasor, and, if multiple people did, they are called joint tortfeasors. If the injured party brings a personal injury claim, they are called the plaintiff and the tortfeasor is…

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Wrongful Death Awards

In the events of a wrongful death, the emotional burden carried is heavy. After losing a loved one, we don’t often think of the financial hardships that will come as a result of the death. In a wrongful death lawsuit, the compensation could provide you financial relief to carry out a funeral as well as pay bills and expenses that result from the death of your loved one. With a wrongful death lawsuit, you may be able to recover the loss of all future earnings from the deceased. If the victim of the accident was the breadwinner of the family…

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