Concussions and Mild Brain Injuries: The Invisible Injury That Can Change Your Life

After an accident, most people check for cuts, bruises, or broken bones. That makes sense because those injuries are easy to see. But one of the most common injuries we handle in Ontario personal injury cases does not show on the outside. This is a concussion, also called a mild traumatic brain injury or mTBI. The word “mild” can be misleading. It only means the injury is not immediately life-threatening. In reality, a concussion can seriously affect your life. For some people, the effects can last months or even years. How Concussions Happen A concussion can happen from any sudden…

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The Hidden Risk of Underinsured Drivers in Ontario

Imagine this: you’re driving in Ontario, following all the rules, paying for your insurance, and being careful on the road. Then another driver hits you. What happens if their insurance doesn’tactually cover the full cost of the damage? This isn’t just some unlikely worst-case scenario. A lot of drivers in Ontario only carry the legal minimum liability coverage, and that minimum is far too low when you think about what aserious accident can actually cost. Why the Minimum Isn’t Enough By law, Ontario drivers only need $200,000 in liability coverage. On paper, that might sound like plenty. In reality, it’s…

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Accident Benefits and a Dated Accident

Case Study of Shwaluk v. Royal & Sun Alliance, 2023 CanLII 19831 (ON LAT) The Applicant was injured in a MVA on July 29, 1994. She sought accident benefits from her insurer, Lumbermen’s Mutual Casualty Company – which was later acquired by the respondent, Royal & Sun Alliance Insurance. Certain benefits were paid between 1994-1996 but some benefits were denied; and so, the Applicant applied to the LAT for dispute resolution. On November 12, 2015 the Applicant successfully applied to have her file reopened, alleging certain impairments caused by the MVA had worsened. The Respondent first denied a causal connection…

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how insurance companies think!

What makes the best personal injury lawyer in Toronto? Knowing how insurance companies think!

Why a lawyer’s understanding of insurance companies can make a difference Through its understanding of how Toronto insurance companies operate, Azimi Law advocates for the best possible resolution of its clients’ personal injury claims. If you are hurt in an accident, it is likely that you will have to deal with an insurance company. Once you file a claim with an insurance company, an insurance adjuster (i.e., an employee of the insurance company) will be assigned to your file. It is important to realize that the insurance adjuster works for the insurance company – not you. Their job is to…

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Injured in a Car or Truck Accident?

Injured in a Car or Truck Accident?

Tips on what to do after an MVA In the unfortunate event you are involved in a car or truck accident, there are a number of things you can do to protect your rights and avoid making common mistakes. The first priority should be to assess your condition and that of other drivers or passengers involved in the accident. If anyone is injured, call an ambulance and move your vehicle to the shoulder to ensure the safety of other motorists. If there is property damage or anyone is injured, you ought to call the police to report the accident; a…

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consulting a top-rated car accident lawyer

How can consulting a top-rated car accident lawyer affect your accident claim’s compensation?

Learn about the influence on the compensation of your choice of counsel Top-rated car accident lawyers share a number of things in common. They have a track record of successful representation of car accident claims; they answer your questions and are responsive to your communications; and they strike an appropriate balance between adequate staff and personal attention. Through these and other ways, a consultation with them can make a difference in the amount of compensation for your injuries. A motor vehicle accident can be an overwhelming experience, and personal injury law is a complex set of rules and procedures. A…

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Pre-existing Conditions and the Minor Injury Guideline (MIG)

Find out about the implications pre-existing conditions can have on the minor injury funding limit Statutory accident benefits coverage for injury(ies) sustained in a car accident is governed by the legal classification of the injury(ies).  A minor injury is “one or more of a strain, sprain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinically associated sequelae to such an injury”[1]. Unless the policy contains modifying optional benefits, recovery for med-rehab benefits for predominantly minor injuries is limited to $3,500.[2] An exception to this limit is if the applicant can demonstrate that they have (a) pre-existing medical…

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What you can expect in a free consultation with a lawyer for your personal injury claim

[vc_row][vc_column][vc_column_text] If you have suffered injuries in a motor vehicle accident for which you were not at fault, you can seek compensation from the at-fault driver and, more specifically, from his/her insurer. You will likely be looking for a lawyer to guide you through the complexities of legal proceedings and advocate for your interests. A personal injury case in the province of Ontario begins with the initial consultation phase. At the initial consultation, the insured person meets with a lawyer to evaluate the merits of their claim and to evaluate the services that the lawyer has to offer. If the…

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Escaping the MIG – Reasonable and Necessary – Two Recent Cases

Exploring some examples involving the reasonable and necessary requirement Section 3 of the Statutory Accident Benefits Schedule (“SABS”) defines a minor injury as “one or more of a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinically associated sequelae to such an injury”.[1] Subsection 18(1) of SABS provides that the sum of the medical and rehabilitation benefits payable in respect of an insured person who sustains an impairment that is predominantly a minor injury shall not exceed $3,500.[2] However, subsection 18(2) provides that, despite subsection 18(1), the limit in that subsection does not apply to…

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When is a car incident a car accident?

Learn about a preliminary (or threshold) issue in a statutory accident benefits case In a statutory accident benefits case, there is always a preliminary (or threshold) issue as to whether the incident in question is, technically, an accident. An “accident” is defined in the legislation as follows[1]: “accident” means an incident in which the use or operation of an automobile directly causes an impairment or directly causes damage to any prescription eyewear, denture, hearing aid, prosthesis or other medical or dental device; (“accident”) Satisfying this legal definition is broken down into three distinct sub-issues or questions: Was the vehicle involved…

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