Category: Law Blogs

The Not So Independent Medical Examination

Doctors and other medical professionals play a critical role in an injured person’s insurance and legal cases. For the most part, doctors and medical professionals play a positive and helpful role, treating the injured person’s injuries and disabilities. Doctors and other medical professionals are also called upon to perform examinations that can greatly influence and even determine: The doctors and medical professionals who perform these examinations are supposed to be fair and balanced report. These examinations are commonly referred to

Why Do We Blame the Victim?

In November 2012 Tom Samson, father of two young children, was tragically killed while riding his bicycle. Tom was killed by a van. The van left the scene of the collision. The police told Tom’s wife that he had illegally went through a red light. Tom’s wife could not believe that Tom would run a red light on his bicycle. Also, she didn’t understand why the van involved would leave the scene unless the driver was somehow at fault for

Ontario’s Top Court Sides with Injured Victim in Dispute over Attendant Care

Background: Imagine you are badly injured in a car crash and need assistance to perform personal care or prepare your meals. You may be entitled to these benefits from your own insurance company under the Statutory Accident Benefits Schedule (SABS) provided that your health care professional completes a Form 1, which indicates how much attendant care, in terms of hours and time, you require. Case: In Henry v. Gore Mutual Insurance, a son was catastrophically injured and required full time attendant

Take the D.O.N.T. Pledge

Drive Only Never Text (D.O.N.T.). Every June is brain injury awareness month. This past June was the launch of the inaugural D.O.N.T. campaign. The campaign reminds drivers of all ages that distracted driving – which includes driving while texting or talking on a cell phone – can lead to car crashes and brain injuries. D.O.N.T. is led by the Ontario Brain Injury Association (OBIA), in partnership with participating local community Brain Injury Associations, the Ontario Ministry of Transportation and the

Insurers continue with the scare tactics…

Insurers recently started a new advertising campaign to try and scare the public into accepting less for more. Alan Shanoff explains in his recent column in the Toronto Sun, read the article here. Since dramatic cuts to auto insurance in September 2010, collective profits of auto insurers in Ontario have jumped by 2 billion dollars – that is a lot of money! Yet, the promised reductions in premiums with cuts to our benefits never materialized. The insurers have simply used the

Top Lawyers Resign in Protest

The Ontario government is in the midst of trying to severely reduce benefits of the most seriously injured car accident victims. A task force was created to investigate this issue. Recently, lawyers on the task force who represent the injured victims had no choice but to resign as a result of obvious insurer bias on the part of the government. See the full story here.

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