Blog – Neinstein Personal Injury Lawyers
ODSP changes benefit injury victims
In August and September, the Ontario Government announced changes to the Ontario Disability Support Program (ODSP) and Ontario Works that will make it easier for recipients to maintain access to their benefits. The moves have been roundly applauded by Ontario personal injury lawyers, including leading members of the Ontario Trial Lawyers Association (OTLA).
“The Ontario Trial Lawyers Association strongly supports this initiative by the Ontario Government that will provide increased support for some of the most vulnerable Ontarians who have suffered loss or injury,” said OTLA President Claire Wilkinson in a provincial release. “These measures work directly towards our purpose to promote access to justice for all Ontarians, preserve and improve the civil justice system, and advocate for the rights of those who have suffered as the result of wrongdoing by others.”
On September 1, the government announced increases to ‘asset limits,’ defined by the Toronto Star as “how much money recipients are allowed to have as assets or savings before having their benefits clawed back.” The limit rose from $5,000 to $40,000 for single ODSP recipients and from $7,500 to $50,000 for couples. Ontario Works limits jumped from $2,500 to $10,000 and from $5,000 to $15,000 for those same groups.
Importantly for Ontario personal injury lawyers and their clients, limits on compensation which can be received in personal injury trials for pain and suffering, expenses from the death or injury of a family member, and loss of care, guidance and companionship from the death or injury of a family member have changed drastically. Previously, ODSP recipients could receive a maximum of $100,000 before seeing their benefits cut; today there is no limit. Ontario Works recipients can now receive $50,000 in compensation, up from $25,000.
By exempting compensation awards from the limits imposed on ODSP recipients, the Government of Ontario has made it easier for severely injured individuals to access the care they need for an effective recovery.
The province’s changes have received generally positive reviews from Ontario personal injury lawyers and victims’ rights groups, but some believe there is still room to improve. The Government of British Columbia recently raised asset limits to $100,000 and eliminated caps on cash gifts entirely, an example some advocates would like to see Ontario follow.
If you or a member of your family has suffered a serious injury as a result of an accident, contact the Ontario personal injury lawyers at Neinstein Personal Injury Lawyers to find out how we can help. Our experienced, understanding team has been protecting the rights of injured Ontarians for decades, and can help you and your family along your path to recovery.
Uncommon car accident injuries
Brain injuries, spinal injuries, and bone breaks or fractures are all commonly associated with car accidents. When we hear that a friend or family member has been involved in a collision, our mind will usually jump to these possibilities. For good reason: over the years, Neinstein Personal Injury Lawyers’ Ontario car accident lawyers have developed a deep understanding of these injuries based on how often they occur.
However, car accidents sometimes cause different, less common injuries, which are just as likely to result in long-lasting pain and suffering. At Neinstein, our Ontario car accident lawyers are well-versed in these areas as well, and can help you access the compensation you need to expedite your recovery.
Let’s have a look at a few of these less common types of injuries.
Burns
Burns are a danger in many serious car accidents. Motor vehicles run on fluids and chemicals that are sometimes flammable and that may warm to searing temperatures during the automobile’s operation. If an accident causes structural damage to your vehicle, there is a risk that these liquids will be released from the engine into the passenger compartment, where they can cause devastating burns. Additionally, flammable fluids can lead to explosions or car-fires.
PTSD
Car accidents, and the process of recovering from car accident injuries, can cause post-traumatic stress disorder (PTSD) and other mental health issues, including depression, anxiety, and phobias. Though these effects are less common than physical injuries, experienced Ontario car accident lawyers recognize the impact they can have on a person’s life.
You might associate PTSD with military service, but the Canadian Mental Health Association defines it much more broadly as a mental illness that “involves exposure to trauma involving death or the threat of death, serious injury, or sexual violence.” A serious car accident easily meets these criteria.
Following a harrowing accident, injury victims may experience phobias and anxiety that make it difficult to ride in a car, even as a passenger. This can affect an individual’s ability to go to work, school, medical appointments, and even to visit family or run errands.
Lingering physical injuries
Though some car accident injuries will manifest obviously and immediately, it may take time for others to fully emerge. For instance, some injury victims experience numbness in their extremities that can last for days, weeks, or even months. This may be caused by nerve or spinal cord damage, and can be difficult to diagnose, particularly if the individual has suffered other more obvious injuries.
Chronic pain is another potential impact that can profoundly impact a person’s quality of life. This affliction may also require long-term medical or rehabilitative treatment to manage.
If you or a member of your family has suffered a serious injury in an automotive collision, contact Neinstein Personal Injury Lawyers’ experienced team of Ontario car accident lawyers today to set up a free, no-obligation consultation. Our team has been representing injured Ontarians for decades and has an established track record of winning compensation for our clients.
Fatal motorcycle accidents have been all too common in Ontario this year – here’s how to stay safe on the road
Motor vehicle accident lawyers encounter a variety of collisions in their profession, from single-car accidents, to collisions involving pedestrians, to motorcycle crashes, which have accounted for a disproportionate number of accidents in 2017. In fact, the Ontario Provincial Police (OPP) announced this August that motorcycle fatalities had reached an “alarming” milestone.
“We have had 30 motorcycle riders die in collisions already in 2017,” OPP Sgt. Kerry Schmidt said. “That is very alarming considering last year, all year, we only had 36, which is 36 too many.”
‘Too many’ may be an understatement: the 36 people who died in motorcycle accidents last year was the highest number in a decade – and it might be surpassed in 2017.
Despite the fact that much of Ontario endured an unusually wet and rainy summer, Sgt. Schmidt stated that most of the accidents were caused by “preventable factors that we don’t want to see happening,” including impairment, excessive speed, and reckless driving that resulted in losing control of the vehicle.
Motorcycle safety
“In a car you’re always in a compartment,” wrote Robert M. Pirsig in his 1974 book Zen and the Art of Motorcycle Maintenance. “You’re a passive observer and it is all moving by you boringly in a frame. On a cycle the frame is gone … You’re in the scene, not just watching it anymore, and the sense of presence is overwhelming.”
This passage illustrates precisely why motorcycling is both exhilarating and dangerous. Other vehicles are designed to keep their occupants as safe as possible; motorcycles are built to deliver speed and a sense of freedom. However, motor vehicle accident lawyers believe that by taking certain precautions motorcyclists can enjoy their favourite pastime without putting themselves too much at risk.
First, motorcyclists should always wear appropriate head and face protection. Though every deceased motorcyclist listed by Sgt. Schmidt was wearing a helmet at the time of their accident, the number of fatalities would certainly be much higher if fewer riders wore head protection.
When it comes to proper motorcycling attire, helmets are just the beginning. Your motorcycling gear should minimize injuries the case of a minor accident or skid, and should be bright and visible to ensure you’re noticed by fellow motorists.
Motorcyclists must obey traffic rules, stay keenly aware of their surroundings, and drive defensively. What might amount to a minor fender-bender for a car could be a life-threatening accident for a motorcyclist. When you leave the house for a ride, be prepared proactively avoid other vehicles on the road.
Before you depart for a ride, ensure that your vehicle is fully functional. Check its tires; headlights, taillights, and signals; mirrors, brakes, and horns; and perform a quick check for leaks and fluid levels.
Finally, never drive while overly tired or under the influence of drugs or alcohol. Slow reaction times, impaired awareness, or even a momentary lapse in judgment can be fatal on a motorcycle.
If you or a member of your family has been injured in a motorcycle accident, contact the motor vehicle accident lawyers at Neinstein Personal Injury Lawyers today for a free, no-obligation consultation.
Image credit: Joshua Kimberly/Wikimedia Commons
Does age affect driving ability?
Many of the world’s wealthiest countries are facing the unique challenge of adapting to a rapidly aging population. Canada is already grappling with the effects of this demographic shift, particularly in the healthcare sector, where overcrowding is causing concern to medical malpractice and personal injury lawyers.
An older population may also impact road safety in our country. State Farm Canada recently surveyed 3,581 respondents to determine attitudes and concerns about senior citizens behind the wheel. The study revealed an interesting contrast between Canadians’ belief that seniors have a right to drive and worries about the safety implications of an aging population of drivers.
In 2011, Transport Canada reported that drivers aged 65 and older accounted for approximately 17 per cent of traffic fatalities, while only holding about 14 per cent of drivers’ licenses. It also found that at age 75, the rate of fatalities per distance travelled increased significantly. Additionally, the Traffic Injury Research Foundation (TIRF) noted that drivers over 80 were involved in a disproportionate number of crashes.
“When reviewing the evidence, it becomes clear that elderly drivers are overrepresented in fatal and severe crashes due to a variety of factors associated with advancing age,” said TIRF Chief Operating Officer Ward Vanlaar in a State Farm release.
These factors include diminished reaction times and mobility, potential visual impairment, dementia, and impairment related to medication. Personal injury lawyers’ first concern is for the safety of Canadian drivers, and by this standard, an older driving population is quite worrisome.
However, it doesn’t seem fair to impose “arbitrary upper age limits for driving,” as Wanda Morris, VP of Advocacy for CARP put it in a recent National Post column.
“Canadians are conflicted when it comes to the balance between road safety and the autonomy associated with driving,” said John Bordignon of State Farm Canada in the release. “These are extremely difficult discussions for families to have. When a person is deemed unfit to drive, it can feel like a sudden loss of independence.”
Personal injury lawyers, and Canadians in general, are left with a dilemma: how can we protect older citizens’ rights while maintaining safe roads? Morris makes several interesting suggestions, including mandatory road tests at certain ages; increased testing across the age spectrum; testing based on drivers’ history of tickets and accidents; and gradual restrictions based on age, such as not being permitted to drive at night, in bad weather, or on major highways.
If you or a member of your family a serious injury as a result of an automotive accident, contact Neinstein Personal Injury Lawyers to find out how our experienced and compassionate team can assist your recovery.
Photo credit: Mike Mozart/Flickr
Why do slip-and-falls happen, and when can you seek compensation?
According to the United States’ National Safety Council, slips, trips and falls account for approximately 15 per cent of all accidents. The overwhelming majority of these are benign – you’re much more likely to suffer a bruised ego than a fractured spine. However, as every Toronto slip and fall lawyer knows, a seemingly innocent fall can have serious consequences, which is why you should understand how these accidents happen and whether you can access compensation if you’re injured.
Weather
The leading cause of slip and fall accidents is inclement weather. In Ontario, snow, slush and freezing rain create dangerous walking conditions every winter, and property and business owners have a responsibility to keep their premises safe. Slippery floors and unkempt external walkways pose significant danger to visitors, especially older individuals who have trouble maintaining balance. If a person suffers a serious injury as a result of your negligence as a property owner, a Toronto slip and fall lawyer may hold you accountable.
Maintenance or upkeep
Diligent business and property owners know that their responsibilities don’t end when spring arrives and that their duty to maintain a safe environment for visitors extends to every month of the year. If an individual trips on an item in the aisle of a store, for example, or slips on a spilled liquid, they may be entitled to compensation for the injuries they sustain. The same could be true for dangerous cracks or uneven tiling in a walkway; an experienced Toronto slip and fall lawyer can help determine responsibility in these events.
When can the accident victim seek compensation?
Every person is bound to suffer a fall every so often, and in most of these cases nobody will be considered liable. Generally, injury victims can only seek compensation when the accident is the direct result of a property owner’s negligence and could not be avoided by the actions of a reasonable person. In other words, an individual who is acting recklessly or dangerously when they slip and fall will not be able to claim damages for the injuries they sustain.
If you have been injured after a slip and fall accident, you should immediately seek legal help. An experienced Toronto slip and fall lawyer can examine the potential complications of your case and advise you on your path forward. Neinstein Personal Injury Lawyers has been helping injured Ontarians access compensation for their injuries for decades; call us today to arrange a free, no-obligation consultation.
Have taxpayers been taken advantage of through Ontario’s auto insurance reforms?
The Province of Ontario’s June 2016 reduction of accident benefits in the name of lowering auto insurance premiums has been a consistent source of frustration for Toronto personal injury lawyers and victims’ rights organizations. The move significantly limited the benefits available to accident victims, particularly those who suffered catastrophic injuries, while doing nothing to curb steadily climbing auto insurance costs. Indeed, premiums increased over each of the past two quarters.
In an August 12 opinion column in the Toronto Sun, GTA lawyer Darcy Merkur laid out a new line of attack against the province’s insurance reforms, arguing that they are unfair to taxpayers.
“Paying less for automobile insurance gets you less in insurance coverage and results in increased government spending (also known as higher taxes),” he wrote.
In his article, Merkur argues that reducing premiums by cutting benefits does not ultimately save Ontarians money. Injury victims need care, he says, and if the resources to pay for this care are not provided through insurance benefits, the cost will shift to the public realm. Victims will increasingly rely on provincial programs like the Community Care Access Centre (CCAC); public subsidized housing; public transit for disabled individuals, such as the TTC’s Wheel-Trans; the Ontario Disability Support Program (ODSP); and the province’s public health insurance plan, OHIP.
These programs provide essential, worthwhile services to Ontario’s vulnerable populations, of course, and are part of the social safety net that makes our Province a great place to live and work. As representatives for some of Ontario’s most at-risk individuals, Toronto personal injury lawyers hold these government programs in the highest regard.
They also recognize, however, that they are costly to operate and maintain, and will be placed under increasing pressure as Ontario’s population ages. When insurance companies fail to provide adequate benefits to injured accident victims, this pressure multiplies, as do the costs transferred to taxpayers.
As Merkur succinctly puts it: “The goal of the automobile insurance system should be to provide a product that gives accident victims a legitimate chance to maximize their recovery and to live with dignity and independence, without having to feel like a drain on the public purse.”
If you or a member of your family has been injured in an automobile accident, consider contacting the Toronto personal injury lawyers at Neinstein Personal Injury Lawyers today. Our experienced, reputable team has years of experience helping injured Ontarians access financial compensation and leading medical care. Set up a free, no-obligation consultation to learn how we can help you.
Photo credit: Floydian/Wikimedia Commons
Can Canada reduce its impaired boating rates?
In Canada, around 40 per cent of boating fatalities are linked to alcohol. Although some provinces experience the issue more acutely – impaired boating causes 70 per cent of all boating deaths in Manitoba – this is clearly a serious, ongoing issue across the country. Each summer, law enforcement and boating accident lawyers respond to hundreds of reports of deaths and injuries on Ontario’s waterways, which is why the Canadian Safe Boating Council (CSBC) launched Operation Dry Water, a national safety campaign, in 2013.
Operation Dry Water combines advocacy and public messaging with a surge in marine law enforcement to emphasize the dangers of boating while intoxicated. The 2017 version of the event took place during the first weekend of August.
“We want to remind the public that alcohol consumption can result in a criminal charge, but it can also potentially lead to a highly preventable drowning death,” said John Gullick, Chair of the CSBC, in a press release earlier this summer. “The CSBC, its partners and sponsors would like, through this and our other initiatives, to raise attention to the problem of boating under the influence and to remind boaters not to drink and boat.”
Advocacy groups like MAAD, aggressive public messaging, and stronger road safety laws caused drunk driving rates in Canada to plummet since the mid-1980s. On the waterways, however, alcohol impairment has remained relatively common, despite similar tactics. The legal blood alcohol limit for boaters is .08, just as it is for drivers, and if a boater exceeds that limit, they can be charged with impaired operation of a vessel under the federal Criminal Code. They also leave themselves susceptible to civil action initiated by injury victims and boating accident lawyers.
In 2005, the Province of Ontario passed Bill 209 amending the Highway Traffic Act to place impaired boating and impaired driving on a level playing field. Today, an Ontarian who is found boating with a blood alcohol level over .05 could have their driver’s license immediately suspended. If you’re convicted of boating over .08, your license could be suspended for a year or more.
The end goal of Operation Dry Water is not to punish Ontarians, of course, but to enable a safer and more recreational boating environment for everyone. Through consistent public messaging and continued law enforcement, this goal may well be achievable.
If you or a member of your family has been injured in a boating accident this summer, contact Neinstein Personal Injury Lawyers’ team of experienced boating accident lawyers to learn how we can help.
St. Mike’s releases new athletic brain injury study; Ottawa launches guidelines on concussion in sport
Researchers at St. Michael’s Hospital in Toronto recently published a study confirming what most athletes, brain injury lawyers, and safety advocates already knew: that “people who play contact sports show changes to their brain structure and function, with sports that have greater risk of body contact showing greater effects on the brain,” according to a hospital release.
The long-term health risks associated with concussions and frequent blows to the head, including chronic traumatic encephalopathy (CTE), a degenerative brain disease that was recently found in 99 per cent of deceased NFL football players’ brains, have been closely scrutinized by the media, healthcare, and legal communities over the past several years, as former professional football and hockey players launched lawsuits worth hundreds of millions of dollars.
The St. Michael’s study, published in Frontiers of Neurology, included male and female varsity athletes participating in “collision” sports like hockey and football; “contact” sports like field hockey, basketball, and soccer; and “non-contact” sports such as volleyball. It found that participants in both collision and contact sports showed “differences in brain structure, function and chemical markers typically associated with brain injury” compared to non-contact athletes. All of the study participants were healthy and did not report any significant health issues.
For brain injury lawyers and other interested stakeholders, the study emphasized the risks associated with sports like basketball and soccer, which enjoy enormous popularity and are generally considered less dangerous than the high-impact alternatives. It also confirmed the importance of the Government of Canada’s recently issued guidelines on concussion in sports, released this July.
Developed by Parachute Canada, a national charitable organization dedicated to preventing injuries and saving lives, the Canadian Guideline on Concussion in Sport was developed to ensure every level and variety of athlete with a suspected concussion receives timely, appropriate care and proper management to allow them to return to their sport. It was assembled by an advisory committee made up of neurosurgeons, professors, researchers, and sports doctors, and aims to provide a set of best practices for anyone across Canada that interacts with athletes, including coaches, healthcare professionals, parents, and brain injury lawyers.
The guideline addresses seven important areas: pre-season education; head injury recognition; onsite medical assessment; medical assessment; concussion management; multidisciplinary concussion care; and return to sport. It is available in full here: http://www.parachutecanada.org/injury-topics/item/canadian-guideline-on-concussion-in-sport.
If you or a member of your family has suffered a serious brain or head injury, contact the brain injury lawyers at Neinstein Personal Injury Lawyers today to arrange a free, no-obligation consultation. Our team can help you access compensation and move forward with your life.
Justice Minister ponders lower alcohol limit, faces criticism
On August 8, multiple media outlets reported that Federal Justice Minister Jody Wilson-Raybould was considering lowering the maximum legal blood alcohol content (BAC) for drivers from 80 milligrams (.08) to 50 milligrams (.05) per 100 millilitres of blood. The change was proposed in a May 23 letter to Quebec’s Justice Minister, Stephanie Valee, and has received mixed responses from various stakeholders, including road safety advocates, car accident lawyers, and law enforcement.
In the letter, Wilson-Raybould said the current BAC limit was based on outdated science, and that lowering the limit would “make it easier to fight the danger posed by drivers who have consumed alcohol.”
The current legal limit has been set for nearly 50 years and is based on research that found drivers with a BAC of .08 were twice as likely to be involved in accidents. However, the Globe and Mail reports that a 2002 US study showed a BAC of .08 made drivers aged 35-49 three-and-a-half times more likely to be involved in an accident than a sober driver.
Despite the fact that the drunk driving rate today is two-thirds lower than it was in 1986, “impaired driving remains a serious problem in Canada,” RCMP Staff Sgt. Kevin Baillie told the CBC in Prince Edward Island. Baillie is in favour of a lower limit, stating that “anything that would reduce the instances of impaired driving is a good measure to consider.” This sentiment is generally echoed by car accident lawyers.
Opposition
Critics of Wilson-Raybould’s plan were quick to voice a variety of concerns. Some, like Francois Meunier, a spokesperson for an association representing Quebec restaurateurs, believe it could hurt small businesses, especially in rural districts.
The issue is not necessarily lower alcohol sales, he told the National Post, “it’s about food sales that go with the alcohol. When it comes to celebrations, parties, all that will be done at home as people change their behaviour. It’s easy to talk about taking a taxi or public transportation, but in the regions it’s not as easy.”
While car accident lawyers may argue that reducing drunk driving fatalities should take precedence over small business revenues, other skeptics, like Hubert Sacy of Éduc’alcool, don’t believe a lower alcohol limit would significantly improve road safety without supplementary regulations.
“You don’t pull a rabbit out of a hat and just decide that this is the magic answer to everything,” he said to the CBC. “Everywhere where drunk driving has decreased it has been the result of a legislative change. There’s tons of measures that need to come before that.”
Sacy advocates for increased roadside checks and giving restaurants and bars the power to stop drunk patrons from driving.
The Canadian Automobile Association, meanwhile, expressed concern that lowering the legal limit at the same time as legalizing marijuana would put law enforcement and the justice system under unnecessary strain.
“If the BAC limit is reduced to 0.05 as well, we believe the governments would be biting off more than they can chew, and the pill for motorists would be too hard to swallow,” said CAA-Quebec director Marco Harrison in a release.
If you or a member of your family has suffered an injury in a traffic collision, contact the car accident lawyers at Neinstein Personal Injury Lawyers today for a free, no-obligation consultation. We can help you access the compensation you need to get your life back on track.
Ontario auto insurance rates rise for second straight quarter
Last month, the Financial Services Commission of Ontario (FSCO) announced that auto insurance rates in the province rose 0.76 per cent in the second quarter of 2017, the second straight quarter of increases. The announcement has been met with frustration from insureds and car accident lawyers.
A less than 1 per cent increase might not seem like much, but it goes against a long-standing promise from the provincial government to reduce rates. In May 2013, the ruling Ontario Liberal Party promised a 15 per cent auto insurance rate reduction by 2015. This aim was never achieved.
“It got to around 7 per cent and they realized that there were a lot of issues around this that the industry and the regulators have to work together on,” explained A.M. Best Company senior financial analyst Joel Silverthorn during a November 2016 presentation in Toronto.
Last year, the Liberals instituted major cuts to mandatory benefits for both catastrophic and non-catastrophic injury victims. Canadian Underwriter recently published an effective summary of those changes:
“Until June, 2016, there were two separate $1 million limits – one for medical and rehabilitation coverage and another for attendant care. Now the mandatory accident benefits coverage has a $1-million limit. For non-catastrophic injuries, the mandatory coverage until 2010 was $100,000 for medical and rehab benefits and $72,000 for attendant care. That was reduced in half in 2010. It was further reduced in 2016, with the mandatory coverage now being $65,000 for medical, rehab and attendant care.”
Despite these aggressive measures, which car accident lawyers believe will have devastating effects on injury victims, Ontarians continue to pay more for their car insurance than anywhere else in Canada. This April, the provincial government published a comprehensive review of the Ontario auto insurance system conducted by David Marshall, the former CEO of the Workplace Safety Insurance Board. According to the report, the average auto insurance premium in Ontario is $1,458, nearly 55 per cent higher than the average premium in all other jurisdictions.
The Marshall report also contained 35 recommendations to the insurance industry to reduce premiums and improve efficiency, including adopting a “care not cash” approach for insurers.
“Many insurance companies … are not incented to see their role as providing medical care to clients,” the report reads. “Rather, they are incented to close their liability with as little cash cost as possible and hence they introduce the practice of negotiating cash settlements with claimants in lieu of medical treatment, future wages and other future benefits under the [Statutory Accident Benefits Schedule].”
If you have been injured in an automotive accident, contact the experienced car accident lawyers at Neinstein Personal Injury Lawyers today to find out how we can help you navigate the complex legal and insurance systems while you focus on your recovery.
Photo credit: Jason Bain/Wikimedia Commons
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