Accident Related Awareness

Learn about FLA claims When a person sustains a tort (e.g. negligence, a MVA, a slip and fall), the consequences of the injury can extend to their family members. Ontario law provides a remedy for when this occurs. The source for this claim is the Family Law Act, R.S.O. 1990, c. F.3 (hereafter “FLA”), most of which is concerned with family law issues such as support and equalization of net family properties, but that, in Part V, provides for a claim for damages to dependents of injured persons. According to s. 61(1) of the FLA, a family member of a…

Find out about some of the “intentional” torts In a previous post, we explored the concept of negligence – civil wrongdoing, for which there is not necessarily an intention to do wrong on the part of the defendant, that causes damage. But tort law, the area of law about compensation for civil wrongdoing, also contains another major category of individually named or nominate torts (aka intentional torts) which do provide compensation based on proof of civil wrongdoing intended by the defendant. Many of the activities that are addressed by the intentional torts are also criminalized. For example, there is a…

Most common questions and their answers What are attendant care (“AC”) benefits? Attendant care benefits cover the expenses of hiring an aide or attendant to help an insured person with their day-to-day functions after they have been injured in a MVA An attendant care expense must be “reasonable” and “necessary” in order to be able to successfully claim a benefit for it (Statutory Accident Benefit Schedule or (SABS), s. 19(1)) Who pays for attendant care benefits? Your insurance company What are the types of injuries to which attendant care benefits pertain? An injury must meet two requirements to qualify for…

Most common questions and their answers What are medical-rehabilitation (“med-rehab”) benefits? Med-rehab benefits cover the expenses, of treatment of an insured person who has been injured in a MVA, which are not covered by the Ontario Health Insurance Plan (OHIP) or a group insurance plan A med-rehab treatment must be “reasonable” and “necessary” in order to be able to successfully claim a benefit for it (Statutory Accident Benefits Schedule or “SABS”, ss. 15 and 16) Who pays for med-rehab benefits? A claim for med-rehab benefits can be made against an insurer of a person involved in the MVA. However, one…

Here you can learn about the starting point of accident benefits applications Within seven days of the accident, the injured person must notify their insurer (such as through their insurance agent or broker) that he/she intends to apply for accident benefits. Who is the appropriate insurer/defendant?        If the injured person is …        The AB insurer is … The driver of the vehicle involved in the MVA If the driver has auto insurance, his/her own insurer If the driver does not have auto insurance but is covered by someone else’s auto insurance, that insurer If…

Acquire knowledge of the elements of the cause of action of medical malpractice Medical malpractice is a very technical and specialized area of law. The defendant is the healthcare professional (e.g. doctor, nurse, chiropractor). As well, hospitals can be liable for any negligence on the part of their employees on the basis of vicarious liability. In a medical malpractice lawsuit, there are a number of elements that the plaintiff must prove, on a balance of probabilities, in order to be successful. These elements are referred to as the “four Ds” – a) the defendant must have owed the plaintiff a…