10 Lessons for Settlement Success After an Accident

Want to get the best possible settlement as quickly and painlessly as possible after an Toronto car accident or slip and fall accident?  Check out these 10 tips:

  1. Accept the help your medical team offers.  Say “yes” to every offer of rehabilitation and every specialist referral.
  2. Follow your medical team’s advice about home exercise, medication and nutrition.
  3. If at all possible, try to go back to work if you get medical clearance to do so.  It is ALWAYS better for your case if you try….even if you don’t succeed.
  4. Don’t ignore the emotional / psychological aspect of your case.  Many, many injured people need help from a mental health professional.  Recognizing this and taking action helps you and your case.
  5. Don’t harass the police officer who processed your motor vehicle accident report.  After the report is final, it is usually not a great idea to call the officer.
  6. Speak to a personal injury lawyer early after your accident.  Costly mistakes can be avoided if you get basic advice early on.
  7. Keep your medical and your legal team up to date on any significant changes to your health or work situation.
  8. Keep an eye on your marriage!  If you are married, an accident can take its toll on your relationship.  Both physical and emotional intimacy can be compromised.  if you need help, speak to a family therapist or your doctor as quickly as possible.
  9. Be honest and consistent when you fill out medical questionnaires, answer questions and speak to your lawyer and medical team.  Normally, the truth can’t hurt you but being caught in an un-truth really, really can.
  10. Hire the best possible accident lawyer to represent you in your case.  A lawyer who practices personal injury lawyer on a full time basis at a law firm that is dedicated to personal injury will always be your best bet to fight the insurance company for you.

The personal injury lawyers at Auger Hollingsworth look forward to working with you.  Call for a free, no obligation consultation today at 416-445-3529.

Burn injuries after an Toronto accident | Lawyer Ontario

What an Toronto lawyer can tell you about burn accidents

While burns can be caused by a number of different Toronto accidents, Ontario personal injury cases most often involve burns incurred during a car accident.  If you have suffered a burn injury due to an Toronto car accident you may be entitled to compensation.  Burn injuries can have a range of physical effects.  Some are minor and are able to heal completely, while more severe burns can cause permanent scarring.  Like many other kinds of personal injury, burns can result in time off from work and loss of wages, extensive medical treatment and even emotional damage.

Burns incurred during a motor vehicle accident can have a few causes.  Faulty equipment, electrical malfunctions, and gasoline leaks can all cause burn injuries.  Whether the vehicle was hit by another car, ran into a tree or building, collided with a larger vehicle such as a train or bus, explosions can occur and often result in severe injury.  The kind of burn and its severity depends on the cause of the accident and how the burn occurred.

There are a number of different kinds of burns as well as different degrees of severity.  This information is important in determining if compensation will be granted, and if so, how much.   Most burns from car accidents are thermal or chemical, but the circumstances of your accident and a thorough medical examination will be able to determine the nature of your burns.

The severity of burns includes first, second and third degree.  First degree burns are more minor and are usually mostly on the surface of the skin.  Second degree burns are more serious and often result in blisters and other damage to the skin.  Third degree burns are the most severe and definitely require medical attention because they cause damage to deeper tissue.

If you have been burned in an Toronto car accident you may be entitled to legal compensation for your injuries.  In order to determine if you have a case, speak with an experienced personal injury lawyer such as those at Auger Hollingsworth.  They will be able to go through the details of your case and of your injuries and advise you about where to go from here.  Call 416 445-4529.

Can I get compensation for a scar obtained in a Toronto accident?

Toronto Injury Lawyer — While many Ontario accident victims understand that a Toronto lawyer can help them receive compensation for a physical injury such as a broken leg, fractured wrist, or head trauma,  getting compensation for a scar may seem less obvious.

Scars are proof of an injury and commonly happen due to burns, animal scratches or bites, or a variety of different injuries due to vehicle accidents.   Sometimes the scarring can be due to surgery required by another injury.   The severity of a scar will depend on the type of injury you sustained.  While scars are actually how the human body tries to heal itself, they can cause physical discomfort and emotional distress.

A person  who suffers a serious facial burn in a car accident in the GTA may be able to receive compensation due to the severity of the scar,  as well as the impact the scar has on them as they resume their regular life after the accident.  A serious scar or physical disfigurement can cause great emotional stress in addition to the physical pain or irritation.  The scar can also serve as a constant reminder of the event that caused the injury, preventing the individual from truly moving on after the accident.

Even more minor scars can also be compensable, such as a scar on a leg due to a dog bite or a burn on an arm due to a fallen candle, as long as each situation was the result of someone else’s negligence.

It is possible to receive compensation for a variety of scars with the help of a Toronto lawyer.  Several factors are taken into consideration to determine if an individual can be compensated and the amount they are entitled to.  These factors include:

  • the size of the scar,
  • the location of the scar,
  • the medical treatments available to heal or reduce the appearance of the scar,
  • the treatments already pursued by the individual, and, as mentioned earlier,
  • the impact the scar has on the individual.

Usually, more serious scars and those that have a greater impact on your life result in higher compensation. To determine the particular circumstances of your case, you will need to contact a Toronto personal injury lawyer who can assess your situation.  It is possible that the scar you received in an accident is compensable so even if you are not able to eliminate the scar, you may at least be able to receive some reparation for your suffering.

In order to find out if your scar could result in compensation, contact Auger Hollingsworth today!  We would love to meet you for a free consultation!

Knee Injuries in a Toronto Accident | Ontario Lawyer

Knee Injuries After an Accident in the Greater Toronto Area

Many of our clients have suffered knee injuries as a result of a fall, a motor vehicle collision or an incident on public transit. In fact, knee injuries are among the most common injury we see in our practice.

In incidents involving slip and falls, our client may have slipped on a wet floor or uneven surface. They may have tripped on an irregular or broken surface, pathway or sidewalk. In some instances, there will be violations of Ontario’s building code.

In a motor vehicle case, our client may have suffered a knee injury because they are thrust into the dashboard or console. A cyclist struck by a motor vehicle often injures a knee during impact with the vehicle or the ground. Similarly, many pedestrians are struck in the knee or land on their knee after a strike.

The knee is the joint that experiences the most stress. The injuries are often painful. Treatment may be somewhat useful but often surgery is required due to the rotation and hinging movement of the knee.

Some of our clients experience tears to their ACL, which stands for the anterior cruciate ligament. This ligament is located inside the knew and can be quite painful. Typically, an ACL tear requires surgery.

Many of our clients have an MCL tear as a result of their accident. The MCL, which stands for medial collateral ligament, is located on the side of the knee and supports the knee and its sideways movement. This is the ligament that prevents your knee from buckling. A fall or a quick impact to the side of the knee can damage and MCL which can impact movement and require a long treatment process.

Finally, many of our clients suffer a meniscal tear following an accident. The joint discs of the knee are referred to as menisci. These two discs are made up of connective tissue known as collagen fibers. There used primarily to prevent the bones from rubbing against each other and help with shock absorption.

If you have had an accident that is someone else’s fault and has resulted in damage or injury to your knee, you should get legal advice. The personal injury lawyers at Auger Hollingsworth can tell you if you have a case and can provide you information about the process and what type of compensation would be available in your specific situation. We look forward to hearing from you.

Toronto Bicycle Lawyers – We represent Injured Cyclists

Toronto Bicycle Lawyers – We represent Injured GTA Cyclists

The Toronto injury and accident lawyers at Auger Hollingsworth represent injured cyclists getting compensation for their serious injuries after a biking accident or other motor vehicle accident. We have successfully handled many bicycle accident cases across Ontario.  We are cyclists too!

If we need to, our Toronto law firm will hire qualified cycling experts to support our injured clients’ cases.  As our Toronto lawyers do in all our cases, we will obtain the best medical experts and specialists available to help diagnose our cyclist clients’ injuries.

We have expert private investigators who interview every person who witnessed the accident. Sometimes our lawyers will video tape the scene or will hire an accident reconstruction expert as required.

We love to bike and so do our teenagers.  Our lawyers are determined to ensure that injured bicyclists’ claims are taken seriously and are well-compensated in the Greater Toronto area.  We are well aware that in a collision between a car, or worse a an SUV, a truck or van, the bike will always lose.

Our lawyers have heard horror stories of cyclists hit and run, hit with objects intentionally thrown by pedestrians or motorists.  We have had Toronto clients fly over car doors, carelessly opened by car drivers who don’t look.  As lawyers and people who love to cycle, we understand what you are up against and will fight for our cycling clients’ full compensation.   One of our firm’s very first cases was representing someone who had been doored while riding to work.  His life was changed forever.

Our clients can expect that we will pursue compensation for pain and suffering, medical expenses, lost wages or opportunity, assistance with housekeeping and other important areas of compensation.

American data suggests that cyclists get lower settlements from insurance companies than injured motorists.  At least in America, settlements for injuries suffered in cars are up to 30% to 40% higher than for the same type of injuries suffered by cyclists.  There is no reason to expect that Canadian cyclists do any better.  Juries often believe cyclist are at fault.

Causes of Toronto Cycling Accidents

Some common causes of bicycle accidents are a driver’s negligence or inattentiveness.  Examples of common causes of cycling injuries include:

  • A inattentive driver turning directly in front of a cyclist;
  • A motorist entering the street from a driveway or parking spot and pulls out into traffic in front of the cyclist;
  • A driver’s failure to yield at an intersection or running a stop sign or red light;
  • A motor vehicle driver’s inattention while driving past a bicyclist;
  • A car driver’s failure to look both ways when starting after a stop sign; and
  • Impaired driving involving alcohol or drugs.

Our Toronto accident firm will handle any of these types of collisions, as well as many others.

If you or a loved one has been injured in a Bicycle Accident in Ontario, contact a successful Toronto injury lawyer at a law firm such as Auger Hollingsworth to protect your rights.

Important Answers About Statutory Accident Benefits

QUESTION 1: I was in a car accident. Who Pays my Medical Expenses?

Ontario has a partial no fault car insurance system. That means that there are certain benefits that are paid to an injured person regardless of whether or not you were at fault in the accident, subject to some narrow exceptions.

These benefits are called Statutory Accident Benefits.  They are also called, SABS, ABs or no-fault benefits.

These benefits include some medical expenses that you may face that are not covered by OHIP.  The funding available depends on how serious your injuries are.

There are three levels of medical / rehabilitation benefits: $3500, $50,000 and $1Million.   Some people purchase optional increased benefits as well.

QUESTION 2: What Benefits Are Available?

Some of the compensation you can claim as Statutory Accident Benefits include:

  • Income Replacement Benefit — compensates for lost wages up to a ceiling
  • Caregiver Benefit — compensates where the injured person was the caregiver for a family member
  • Non-earner Benefit — compensates people who cannot carry on normal life but who do not qualify for income replacement or caregiver benefits
  • Medical Benefit — compensates for medical expenses
  • Rehabilitation Benefit — compensates for rehabilitation expenses
  • Attendant Care Benefit — compensates you for expenses when you need a caregiver

You can also recover benefits for items damaged in the accident, such as glasses or clothing. Also, in some cases you can recover benefits for housekeeping, home maintenance, lost educational expenses and family visits.  Note:  not everyone has all of the coverage above.  Check with your insurance agent  to see what optional benefits you purchased.

QUESTION 3: Do I Automatically Qualify for the Benefits?

The benefits are not automatic. You have to apply for them, using a system of forms that will be provided to you by the responsible insurance company upon request. Some of the benefits require your doctor or other health care provider to complete a certificate indicating that you need the services.

A lawyer or a law clerk can assist you with the forms if you find them difficult to complete.

QUESTION 4: What Insurance Company is Responsible for My Benefits?

If you have auto insurance, or are a listed driver on someone’s auto insurance, your own insurance company will answer your claim for Statutory Accident Benefits.

If you do not have your own auto insurance, you will still be entitled to Statutory Accident Benefits. There are rules for virtually every situation. For example, if you were a pedestrian or a cyclist, your Statutory Accident Benefits will be paid by the company that ensures the car that hit you. If you were a passenger, the Benefits will be paid by the company that insures the car you were riding in.

In situations where there is no insured driver involved in the accident, there is a special fund available to provide benefits.

Contact Us

For more information about obtaining your Statutory Accident Benefits, contact Richard Auger or Brenda Hollingsworth by calling 416 445-4529 or using our Contact Form

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