Blog – Neinstein Personal Injury Lawyers
F1 racer Michael Schumacher may not make a full recovery
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Michael Schumacher’s family continues to wait by his bedside for the F1 champion to awaken from a medically-induced coma.
The racer has been in a coma for three months after a skiing accident while he was on a vacation with his family. The incident resulted in a brain injury that was operated on and a portion of his skull was removed to remove pressure from his brain, according to media reports. Doctors are waiting to see whether there were any complications with the surgery with some of the possible issues including brain swelling, a brain bleed, opening of the brain’s outer membrane, a brain hemorrhage or an infection.
Meanwhile, doctors have run brain tests and reduced the amount sedatives given to Schumacher in an attempt wake him from his coma. It could take weeks or even months for this to happen.
But neurologists have said he may not make a full recovery. While Schumacher’s condition stabilized after the surgery was complete, Dr. Tipu Aziz, professor of neurosurgery at Oxford University, told the Associated Press that since he hasn’t woke up yet, it shows that the injury was very severe and it’s unlikely he’ll have a full recovery. Other neurologists say it’s still too early to tell, but the longer someone stays in a coma, the worse the recovery.
Acquired brain injury survivors can improve their working memory after an incident, but it can take years to get to that point. Canada’s Dave Irwin is an example of this. The downhill skier had severe memory loss and had to relearn English and coordination after a skiing accident in 2001. Since then, he’s gotten back his long-term memory, he is able to hold a conversation with others and he was able to ski the run where he had almost died.
A family rep said in a statement that Schumacher has shown “small, encouraging signs,” which could include eyelids fluttering and attempting to breathe without a ventilator.
If you have had an accident and are now coping with a brain injury, your life has likely changed significantly. Neinstein Personal Injury Lawyers are here for you and have been handling all types of injuries for over 40 years. We understand the impacts they can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
303 fatal motor vehicle collisions connected to recalled GM vehicles
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General Motors is in hot water after a faulty ignition issue on some of its vehicles led to 303 deaths in the United States, according to the U.S. Center for Auto Safety. In February 2014, 1.62 million cars were recalled for this issue. This attributes 291 more fatal motor vehicle collisions than the 12 deaths GM originally announced.
Media reports have shown that GM was aware of an ignition issue back in 2001, but only started to recall vehicles this year.
Over time, heavy dangling keys can wear down ignition switches, which switches the car from a “run” position. This issue can lead to life-threatening events since when this happens, a driver can lose control since the power is cut to power-assisted steering and brakes and airbags aren’t deployment during a crash.
The automaker is facing a criminal investigation by the U.S. Justice Department and probes by two U.S. congressional committees. These groups are investigating why it took GM so long to announce recalls and why the United States’ National Highway Traffic Safety Administration did not act sooner.
A class action lawsuit was recently filed in Texas with car owners claiming their vehicles lost value because of the faulty ignition issues. Plaintiffs were not injured during any vehicle collisions, but they’re looking for compensation for being unable to use their vehicle, repairs and a loss in resale value, according to Reuters. Two Canadian law firms are also filing lawsuits on behalf of Canadian drivers related to the faulty switches.
Meanwhile, GM is facing pressure to compensate victims and create a $1-billion compensation fund.
Unfortunately, one mother will always remember July 29, 2005 as the date her daughter died. The girl’s death in a 2005 Chevrolet Colbalt is said to be the first death linked to GM’s faulty ignitions, according to the New York Times. The 16-year-old was legally drunk and not wearing a seatbelt, but when her vehicle crashed into a tree, the car’s airbags failed to deploy. The family sued GM and an out-of-court settlement was reached.
GM also recently announced another 1.5 million vehicle recall, which is unrelated to faulty ignitions, for its 2008-2013 Buick Enclave and GMC Acadia, 2009-2013 Chevrolet Traverse and the 2008-2010 Saturn Outlook.
Technology in motor vehicles are supposed to keep people safer, but GM’s recall shows us that unfortunately this isn’t always the case.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Why are concussions dangerous?
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A concussion is the most common form of acute traumatic brain injury. Medical literature refers to a concussion as MTBI (mild traumatic brain injury). It’s difficult to define and several definitions are used, such as “a complex pathophysiological process affecting the brain, induced by traumatic biomechanical forces”.
The long and short of it is this – you hit your head hard, may or may not lose consciousness, may or may not have brief losses of memory, and definitely cause some short-term impairment of brain functioning.
Concussions were previously thought of as mild and reversible disruption, but new evidence is showing that concussion causes diffuse damage to axons, which is probably the result of damage and inflammation or swelling around the membrane of the axon. This is thought to be the pre-cursor to chronic traumatic encephalopathy (CTE) because it could start a biochemical cascade that leads to neurofibrillary tangles. CTE causes progressive changes in behaviour that follow from progressive death of neurons and astrocytes (a type of cell in the brain that supports neurons). Like all neurodegenerative diseases, the loss manifests itself as small changes in behaviour that become more pronounced as the disease progresses.
When you read the news about a hockey player recovering from a concussion, it’s a fairly serious injury. Concussions are more than just a swelling bump on the head, they’re considered a minor traumatic brain injury.
Some symptoms that occur include loss of consciousness, amnesia, confusion and a headache. The length of recovery is based on the severity of the injury, but sometimes there are symptoms that continue to linger, such as behaviour changes, cognitive impairments, post-traumatic headaches, balance problems and dizziness, depression and anxiety.
These types of injures are most common for athletes in contact sports with 19 per cent of them receiving a concussion each season, according to the Concussion Education and Prevention Agency (CEPA).
More and more stories are offering insight into how athletes’ lives have been affected by concussions and while they may have been considered a harmless injury in the past, new research is showing that there have potentially long lasting brain damage. This can lead to chronic traumatic encephalopathy, which is a degenerative brain disease that can only be diagnosed when the person has died, and acquired brain injuries can lead to issues with a person’s working memory.
A recent case between the NFL and 20,000 retired players and their partners illustrates the amount of damage some of them have endured from years of playing football. A judge recently ruled that a $756 million settlement between the two parties is not sufficient, which illustrates some of the costs of recovery. Spouses shared their stories about the injuries their husbands endured and in many cases they’re responsible for handling the paperwork, doctors, lawyers and keeping their households together by paying all the bills.
Once you receive a concussion, the chances of you getting another one grows exponentially. After your first concussion, you’re three times more likely to receive another and after that, your risk jumps eight times higher, says CEPA.
But concussions can be difficult to diagnose since symptoms don’t always display themselves immediately. Researchers from the University of Rochester are hoping that a blood test may be all that’s needed to diagnose a concussion since they’ve discovered that signs of a protein rise after a blow to the head.
Also, unfortunately some athletes continue to play even after they could possibly have a concussion. A survey done by the an emergency medicine fellow at Cincinnati Children’s shows that half of high school student endured an injury that could have led to a concussion, but they stayed on the field. Research is also showing that athletes who continued activities that required high mental capabilities recovered more slowly, says the Children’s Hospital Boston.
Studies are also showing now that if you have endured multiple concussions, then you’re more likely to develop brain plaques that could lead to Alzheimer’s, according to research conducted by the Mayo Clinic.
But many sports organizations are taking concussions seriously. In the United Kingdom, the Rugby Football Union announced that players and coaches will undergo a concussion training program before the start of the next season. While about 200 former NHL players have joined a class action lawsuit for concussion injuries and it’s expected that the number of plaintiffs will continue to grow.
Meanwhile, two University of Toronto students are preparing a private member’s bill to provide help and support for those who have suffered from concussions. Their bill includes launching initiatives such as launching a National Concussion Awareness Week, establishing a Centre for Excellence in Concussion Research and creating a strategy that addresses concussion issues.
If you’ve suffered from a concussion, it’s important to keep in constant contact with your doctor to monitor your condition. Get lots of rest and get a lot of sleep during the night. Don’t undertake any strenuous activities and avoid in participating in any contact sports. Limit your computer use and don’t drink alcohol. Keep track of any tasks that seem more difficult to you and discuss them with your doctors. Also, if you’ve been told that you’re recovering well, slowly go back to your daily activities.
If you have had an accident and are now coping with a brain injury, your life has changed significantly. Neinstein Personal Injury Lawyers are here for you and have been handling all types of injuries for over 40 years. We understand the impacts they can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
Distracted drivers could lose 3 demerit points if convicted
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It’s official, the Ontario Provincial Police have declared that distracted driving is the number one killer on our province’s roads.
More people died due to distracted driving than any other reason. In 2013, there were 78 fatal crashes related to distracted driving, 57 fatal crashes related to impaired driving and 44 fatal crashes related to speeding, says the OPP.
These statistics were released amidst the OPP’s Distracted Driving campaign which ran from March 14. Also, distracted driving fines increased to $225 from $155 on March 18. The Ontario government has also proposed legislation to penalize distracted drivers three demerit points and raise the amount a judge can fine a driver to $300 to $1,000 from $60 to $500. This tougher stance has been applauded by Calgary’s police chief, according to CBC News.
You might not think it’s a big deal to fiddle with the dials on your radio or send a quick text message, but drivers who do so are endangering others by: taking their eyes off the road, taking their hands off the steering wheel and taking their focus away from driving.
While it seems like common sense, unfortunately people still aren’t listening. An Edmonton man was watching an episode of a comedy TV show while driving on a highway in a snowstorm. Concerned drivers had called the police after seeing his erratic driving; the man looked like he had trouble driving in his lane, according to the Canadian Press. Alberta Sheriffs easily spotted the vehicle thanks to the white glow emitting from the man’s laptop on his dashboard. In Alberta, distracted driving fines are $172.
The dangers of distracted driving aren’t simply hearsay. Recent research by Virginia Tech analyzed the driving behaviour of young drivers between the ages of 15 to 20 years old, who account for six per cent of drivers in the U.S., but are involved in ten per cent of accident fatalities. They found that novice drivers were eight times more likely to hit another vehicle or have a near miss when they were dialing a phone, seven to eight times more likely to hit another vehicle when they were reaching for an object and four times more likely to hit another vehicle when they were texting.
A car crash video recorded by a driver’s dashcam shows a Manitoba man failing to yield on the side road of a highway. The video shows that the other driver’s eyes aren’t on the road and he’s talking on his cellphone. The driver with the dashcam attempted to swerve around the vehicle, but it was too late. Luckily, no one was seriously injured.
Samsung recently began testing an app in Singapore that prevents drivers from texting while behind the wheel. The app uses the phone’s sensor fusion technology and GSM cell towers to determine the speed you’re travelling at, which lets the app know whether you’re driving or not, according to VentureBeat. If the app can tell you’re driving, it will hold all your phone calls, messages and social media alerts and sends out auto text messages too.
While the government is also encouraging automakers to install technology to curb bad driving habits in all vehicles, people still need to exercise common sense when it comes to staying focused and alert while handling a vehicle.
Other ways to prevent fatal collisions includes buckling your seatbelt whenever you’re in a vehicle and not rushing through countdown crosswalks. Unfortunately, accident victims will be compensated less in damage claims due to a change in prejudgment interest rates by the Ontario government.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Beware of auto insurance fraud
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Ontario, along with other provinces, continue to tackle auto insurance fraud and unfortunately it’s consequences are far reaching.
It’s difficult to peg the overall impact of auto insurance fraud, but a survey conducted by KPMG Forensic says that nine to 18 per cent of annual insurance claim costs in 2010 were fraudulent, which cost the industry about $769 million to $1.56 billion. But drivers are feeling its sting with fraud bumping up insurance premiums by between $100 to $200, according to the Toronto Star. There’s good news for drivers since the Ontario government has pledged to reduce the province’s auto insurance rates by 15 per cent within two years.
Recently, three Toronto rehabilitation clinics were convicted of auto insurance fraud where it’s estimated they paid out $4 million in fraudulent claims, according to the Insurance Bureau of Canada. McCowan Rehabilitation Clinic, Physiotherapy Clinic and North York Health and Rehabilitation Clinic were convicted during Toronto Police’s “Project Whiplash,” which investigated a staged auto accident ring.
The rehab clinics were found guilty of knowingly making a false or misleading statement to an auto insurer to obtain payment for goods and services provided to an insured and engaging in unfair or deceptive acts or practices, which resulted in the maximum penalty of $100,000 per conviction.
Ontario is tackling auto insurance fraud with the establishment of the Auto Insurance Anti-Fraud Task Force in July of 2011. The government has also adapted regulations to curb auto insurance fraud and abuse, which includes banning providers from signing blank claim forms, requiring claimants to confirm attendance at health clinics, requiring insurers to provide claimants with reasons for denying a claim and ensuring claimants receive a detailed, bi-monthly statement of benefits paid out on their behalf.
Meanwhile, drivers can avoid auto insurance fraud by not using referrals recommended to them while they’re at the scene of an accident, whether it’s legal services, a health clinic or a garage to fix their car, Kristen Rose, a spokesperson of the Financial Services Commission of Ontario, told the Toronto Star. Also, drivers should avoid buying car insurance from online ads, she added.
If you suspect you may have encountered auto insurance fraud, you can anonymously contact the Financial Services Commission of Ontario using the Auto Insurance Fraud Information Hotline at 1-855-5TIP-NOW or submit a tip online.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers will ensure that the accident benefits you claim are legitimate. We have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Transport Canada needs to improve its railway oversight
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Railways continue to dominate Canadian news headlines as a CN Rail train derailed in Plaster Rock, N.B., after leaving Toronto. Luckily no one was hurt, but about 50 residents were evacuated from a two-kilometre evacuation zone. Investigators were also forced to wait two days before approaching the derailment area since the crash site was too dangerous. Officials recently decided to conduct a controlled burn, which is when explosives are used to help extinguish the fire.
The derailment and fire happened at the end cars of the train, a CN Rail spokesperson told CBC. There were 19 derailed cars with five carrying crude oil and four carrying liquefied petroleum gas. Initial investigations show that the derailment might have been caused by a wheel failure or an issue with the wheel-axle, which led the first car to derail.
An audit conducted by the Auditor General of Canada before the Lac-Mégantic train disaster found that Transport Canada’s oversight of railway companies shows “significant weaknesses”. Currently, rail companies are responsible for the safety of day-to-day operations and Transport Canada’s role is to ensure that these systems are functioning. In the last three years, only 14 audits were conducted out of 31 federally regulated railways with eight of these done on the largest operators.
Some of the issues identified in the report include:
- Transport Canada has not fully integrated an assessment of the federal railways’ safety management into its oversight planning activities.
- The department needs to improve the guidance and tools it provides inspectors when they’re assessing railway safety management systems
- Transport Canada needs to assess whether its current workforce is sufficient to oversee the safety of federal railway management
- The department needs to create a quality assurance plan aimed at continuously improving its rail safety oversight
The government is hoping to improve rail safety by announcing a new railway directive that requires rail companies to inform cities when they’re passing by with dangerous goods.
Also, Canada’s rail industry is looking into improving the safety of the most common model of oil tankers (DOT-111), which carries safer goods such as canola oil to moderate or highly dangerous goods such as crude oil, liquid petroleum and ethanol. This model is known to puncture and leak during crashes, according to a rail consultant, which is what happened during the Lac-Mégantic train disaster and the Plaster Rock derailment. The government has proposed regulations for new DOT-111 tank cars, which requires them to be built with thicker steel requirements and additional top fitting and head shield protection. But this doesn’t require older models to be retrofitted or retired.
Meanwhile, CN announced it will invest $10 million into a safety program that will focus on detecting equipment defects, such as hot bearings, hot wheels and hot equipment. They will also monitor the positioning, curvature and alignment of tracks with a new test car and identify defects with an optical track inspection system.
Personal damages resulting from a train derailment is a part of personal injury law. At Neinstein Personal Injury Lawyers, we have over 40 years of experience in handling all types of accidents. We know the impacts injuries have on your life and your family’s and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Mistakes during surgery can lead to serious complications
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Doctors and nurses handle a lot when they’re working in a hospital. They’re constantly juggling a large number of patients with many different ailments ranging from routine to life-threatening cases. While medical advances have come a long way in improving the safety of patients during surgeries, with every surgery, routine or not, there’s a risk of something going wrong and causing a more serious issue.
An unfortunate example is when a three-year-old girl suffered severe brain damage during a routine root canal surgery in Hawaii. She needed six fillings and four root canals, but during the procedure she became unresponsive and suffered severe brain damage, which led to a “persistent vegetative state,” according to the girl’s pediatric neurologist. About a month later, she died from her injuries at a hospice. Since then, her parents have filed a lawsuit alleging that the dentist was negligent and performed in a manner of dangerous conduct. The suit alleges that the dentist administered an inappropriate dosage amount to their daughter.
In another case, a man recently discovered that his stepfather’s chest cavity was left open on the surgical table because the cardiologist walked out part way during the surgery to attend a luncheon. An assistant was left to close up, but he wasn’t qualified to complete the procedure on his own and unfortunately the patient inherited severe consequences. The patient went into cardiac arrest and the surgeon drove back from the luncheon, but by then it was too late. The stepfather remains in a vegetative state after undergoing surgery for a heart defect. His family has filed a lawsuit against the medical center, the surgeon and the medical group that the surgeon is a part of. Since then, the medical center has added stricter operating-room procedures to mitigate the similar problems.
Recently, Brampton’s William Osler Health Centre settled a lawsuit with a Mississauga family for $21 million if their daughter lives to 85. The family’s daughter was left with severe brain damage after her parents brought her to the hospital and she was originally diagnosed with bronchitis, according to court documents quoted in the Toronto Star. The doctors later switched their diagnosis to pneumonia or sepsis, but overtime her condition worsened. Her heart stopped at least four times over a few hours and while she survived, she suffered severe brain damage. She requires care for the rest of her life and the 13-year-old has the mental capability of a six-year-old. She has a high risk of experiencing a seizure and parts of her fingers fell off due to circulation issues. The hospital has denied negligence or neglect and maintains that they “provided reasonable care ‘consistent with accepted hospital standards,'” says a Toronto Star article.
Unfortunately, mistakes happen in hospitals and when they do, they have far-reaching consequences. Some common malpractice claims include from misdiagnosis or a delayed diagnosis for serious health issues, such as cancer, says a recent study conducted by an Ireland Medical School in Dublin. Drug errors are another common reason and the federal government hopes a new bill, Protecting Canadians from Unsafe Drugs Act or Vanessa’s Law, will protect Canadians from adverse reactions and unsafe products. Complications during birth can also lead to irreparable damage to the new child or the mother.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years including injuries from negligent medical workers. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Ontario accident victims will see less money from accident claims
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Motor vehicle accident victims will receive less in damage claims thanks to the Ontario government’s sudden proposal to lower the prejudgment interest rates on general damages in motor vehicle accident claims.
Wynne’s government plans to decrease the rate to 1.3 per cent (the Courts of Justice Act rate) from five per cent and it did not discuss these changes with the legal industry. This rate change will delay justice for innocent accident victims and delay victims from receiving treatment, which would lead to huge backlogs in court. This policy will only benefit the corporations and not the people who pay insurance company policies.
In 2012, Ontario insurance companies saw profits of $233 million, Ralph Palumbo, Ontario’s vice-president of the Insurance Bureau of Canada, told the Mississauga News.
Contact your MPP immediately and voice your concern about this change. This legislation affects any driver, cyclist and pedestrian who shares Ontario’s roads.
Neinstein’s Erik Joffe contributes article to Law Times on senior homes safety
The determination of liability regarding fire loss cases in Ontario often hinges upon the finding of a specific cause of the fire. If it is impossible to say how the fire originated, the owner or occupier of a building may be relieved of liability altogether under s. 76 of the Fire Protection and Prevention Act, an issue that has taken on renewed significance in light of the recent tragedy at a Quebec seniors’ home.
Twenty-eight people have now been confirmed dead and four others are presumed to have died after the horrific blaze at the Résidence Du Havre in L’Isle Verte, Que. The initial focus of the public was on the devastating effect the tragedy inflicted on the victims and their families. Attention has now shifted towards the placement of blame. People are asking some very hard questions as litigation looms.
The investigation into the cause of the fire is still in its infancy and police have not ruled out a criminal act. A burning cigarette is also just one of the possible causes of the deadly blaze.
The tragedy prompted me to ask the following question: If investigators never find a cause, from whom can the victims’ families seek compensation for the loss of their loved ones? A review of case law and legislation in Ontario begins to shed some light on possible outcomes if the tragedy had occurred in this province.
Read more of Erik Joffe‘s article at Law Times’ Speaker’s Corner: Seniors’ home fire a reminder about difficulty of proving negligence
Also, read our article about the issues of fire safety in nursing homes that were raised in Ontario after the incident.
Ontario raises distracted driving fines to curb motor vehicle collisions
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If you insist on continuing to text while driving, your mistake is about to become more costly.
Starting on March 18, Ontario’s fines for distracted driving, which includes looking down at your cell phone, mp3 player, a tablet or computer screen, will increase to $280 from $155. This fine includes a $25 victim surcharge and $5 in court costs.
This is the first fine increase since the ban on cell phone use behind the wheel was introduced in 2009. Unfortunately, this fine increase is because people aren’t heeding warnings. Between 2010 to 2013, 235,427 drivers received tickets related to distracted driving, the Ministry of Transportation told CTV News.
Const. Clint Stibbe, a Toronto Police Traffic Services Officer, had an unfortunate run in with distracted driving when his vehicle was hit by a distracted motorist.
“We’ve seen a lack of compliance,” Stibbe told CBC radio’s Metro Morning show. “We’ve seen fatalities that are directly attributed to the use of a cellphone.”
“It’s an ongoing problem and it is taking lives.”
Stibbe has continued to see people using their phones while at the wheel and he’s even seen cases where drivers are texting using both hands and driving with their knees.
In Ontario, distracted driving has overtaken impaired driving as a reason behind motor vehicle collisions. In North America, drivers being distracted has led to eight out of ten drivers or four million motor vehicle collisions each year, according to the Insurance Bureau of Canada.
Ontario’s fine increase puts it as one of the highest distracted driving fines in the country, which matches Saskatchewan, according to CTV News. While drivers currently don’t receive demerit points for distracted driving, Ontario’s liberal government has played around with the idea of introducing legislation to change that.
Meanwhile, cities are embarking on innovative campaigns to educate motorists on the dangers of distracted driving. Toronto recently concluded its “That Text or Call could end it all” campaign where police officers drove around in a hearse. Since 2011, Toronto police have laid over 55,000 charges for offences related to distracted driving.
While Alberta launched a “Crotches Kill” campaign with the tagline: “We know what you’re doing down there.” Alberta drivers are fined $172 for distracted driving.
Impaired driving, speeding and not wearing seatbelts are other reasons behind fatal motor vehicle collisions and while governments hope automaker’s new technology can help prevent motor vehicle accidents, ultimately it’s people’s choices that can lead to motor vehicle collisions.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
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