Blog – Neinstein Personal Injury Lawyers
Neinstein was there!
Breakfast of Champions In Support of SickKids is an annual fundraising event that was hosted by the Young Professionals for SickKids on Friday, November 8, 2013 from 7:30 a.m. to 9:30 a.m. at the Toronto Board of Trade. The event provides a unique opportunity for young professionals to interact and have breakfast with champions from a wide range of fields, including law, medicine, business, sports and entertainment. Each champion is assigned to a table with up to ten guests where they share their insights about becoming a champion in their respective field.
Breakfast of Champions was a huge success this year and we are looking forward to next year’s event.
How is “catastrophically injured” defined?
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Auto insurance in Ontario remains a touch issue for many. If you have been catastrophically injured on the road recently, you might be one of the unlucky few who was burned by Ontario’s injury benefits guidelines.
Just a few years ago, benefits were sliced without premiums being cut proportionately. Five years ago, if you were catastrophically injured in a car accident, your benefits could get you whatever you needed to properly recover. Now, though still capped at $1 million, the definition of “catastrophically injured” has changed allowing about 30 per cent less people to qualify for these benefits. Slashing didn’t stop there. Serious injuries get you $50,000 (down from $100,000) and minor injuries are awarded $3,500. If you fall slightly outside the guidelines of what it means to be catastrophically injured, you’re missing out on a lot of money that would have aided your recovery.
What are the guidelines? To be catastrophically injured, you must now be paraplegic or quadriplegic, had a leg or arm amputation as a result of your accident, lost your eyesight or had severe brain or spine injuries. The definition was supposedly meant to foster fairness for motor vehicle accident victims giving the most benefits to the people who need it the most.
That’s fantastic for the people who qualify for benefits, but for accident victims who have very severe injuries that narrowly miss being considered “catastrophic,” they miss out on a sizeable chunk of benefits that they also need.
There has been about a 30 per cent reduction in the number of patients who qualify for the big benefits. Severe or chronic pain does not qualify as catastrophic and neither do psychological impairments when combined with your physical injuries, no matter how serious. The justification for this was that two injuries that do not individually meet the CAT requirements should not meet the requirements when combined.
These changes were made because hospitalization for motor vehicle accidents dropped 12 per cent in Ontario, but insurance companies were presented with more claims. The number of large claims more than doubled. These changes were also placed to prevent fraud, such as staged accidents or medical or rehab clinics milking the system by sending patients for too many assessments. (Each assessment is now capped at $2,000.) In a nutshell, less people who are undeserving of the medical benefits can find loopholes to earn themselves some money, but fewer people who actually need large benefits can access them too.
Insurance companies have found a way to prevent getting ripped off and are saving themselves money. They are making money too. In 2010, they paid an average of $764 in injury benefits for each car on the road. In 2012, that number whittled down to $300. That would be well and good if your insurance costs were whittled down too, but they were not. It’s a system of you paying them, so they can pay you less.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling motor vehicle accident injuries for clients throughout Ontario for more than 45 years. We know how to get you the compensation you need. Call us at 416-920-4242 to set up a free consultation. Come chat with us!
Spinal cord injuries will change your life in many ways
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Your spine is made up of 33 vertebrae each of them held together by ligaments attached to both sides of the spine with disks between all of them that absorb pressure from movement. Beneath the vertebrae is the spinal cord — the most important part of the spine that needs extra protection. Your spinal cord is the little path that your brain uses as a middle man to send its messages to any part of your body. It’s no wonder that when your spinal cord gets damaged other body parts are affected.
There are many things involved in understanding your spinal cord injury. Muscle movement, sensation and touch become altered when your spinal cord gets damaged and often, so does your circulation, respiratory, bowel and bladder functions. If you become paraplegic after your spinal injury, you lose motor function in your legs and trunk. Quadriplegia is when spinal cord lesion occurs around the neck, which cuts off sensation to the arms, legs, trunk and chest.
While there are common diseases and birth defects that cause these injuries, many spinal lesions happen from traumatic incidents such as car crashes, falls and sports injuries. According to Spinal Cord Injury B.C., 44,000 of 85,556 people living with spinal injuries in Canada were results of trauma. To add to this, accidents add an additional 1,786 new injuries each year.
This is an extreme type of injury and adjusting to it can be quite difficult. Pain is one of the first things that a person with this injury experiences. Most people face acute pain that dwindles as the body recovers. When experiencing pain, it is best to not ignore it. You should see a doctor, get a treatment plan in place to deal with it and not push your limits. Also, address your emotions. Depression is not uncommon in coping with this experience. If you show signs of depression, get help so that it doesn’t make your pain worse.
The spinal cord is the middle man between your brain and every body part. In damaging it, other parts of your body suffer too. Your respiratory system, skin, bladder, and sexual health are just a few things that may change. Pressure sores are red skin irritations or breakages that show up on areas of the skin that have had too much pressure on them. This happens when a person is sitting or lying in the same position for too long. When this happens to a person that doesn’t have a spinal cord injury, the skin will signal to the brain that it’s uncomfortable and the brain will then tell you to change your position. However, the spinal cord lesion blocks this message and the person will not adjust their position. Blood flow and oxygen continues to be cut off from that area of the skin, which is how the sore is caused.
If you have had an accident and are now coping with a spinal cord injury, your life has been significantly changed. 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.
Pedestrian fatalities rise after the end of daylight time
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Many Ontario residents are likely rejoicing since we gain an extra hour this weekend. While extra time is great, there’s an unfortunate statistic that drivers and pedestrians should be aware of. Pedestrians are almost three times more likely to be hit and killed by motor vehicles during the night rush hour a few weeks after the fall change in daylight savings time, according to research done by Carnegie Mellon University in Pittsburgh.
If you’re walking or driving between 5 p.m. to 7 p.m., it’s important to stay aware of your surroundings since it takes some time to adapt to the lesser light visibility during these times. Before the time switch, there’s still some light as the sun sets, but after the time change, it’s pitch black outside.
The study looked at pedestrian fatalities between 1999 to 2005 and found that on average there were 37 more deaths in the U.S. in November at about 6 p.m. compared to October. This translates to an 186 per cent jump between the two months.
The number of deaths drops in December and there’s less danger as the months go by. In the United States, they lose an extra hour in April, where there’s a 78 per cent drop in the risk of accidents happening at 6 p.m. This means that pedestrians are 11 times more likely to be fatally hit by a motor vehicle in November compared to April. In Canada, clocks are readjusted in March.
As a pedestrian, it’s important to wear bright clothing when you’re travelling in the evening and make sure that you check both directions before crossing the road.
For drivers, it’s important to ensure that you’re not driving when you’re overly exhausted. While you may be tempted to stay awake that extra hour, it’s important that you give your body enough rest to quickly adjust your internal sleeping schedule. If possible, a short nap would help you adjust quickly, but if that isn’t an option, you might want to rely on a caffeinated beverage. Meanwhile, it’s important to practice safe driving techniques.
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.
How does disability entitlement work?
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What happens when an illness or injury stops you from working?
Most likely, you will want to collect benefits which are designed to be your replacement income during the time when you are unable to work. The amount you will be awarded and the duration in which you will receive these benefits will depend on the severity of your injury. One of the first things considered will be whether your injury has left you disabled for a long or short term.
The details vary depending on your employer’s insurance, but often times to qualify for long-term disability, you will have to be “totally disabled”. What this actually means is that your injuries have disabled you in a way that you logically should not be partaking in certain activities, even if you are not entirely disabled from doing so.
But if you are going to be collecting money from an insurance company for your disability, there are some rules you have to play by. Typically, if you qualify for long-term disability, you can collect automatically for two years. At that point, your condition will be revaluated and if the insurance company is going to continue doling out the cash, they are going to need proof that you still can’t work. They will often be very meticulous and will try to uncover reasons why you are able to go back to work so that they can stop sending you your disability cheques. If you think you can exaggerate a story to collect disability, you would be very wrong.
Insurer’s Medical Examinations (IMEs) will get medical information that will either prove or disprove your case. These reports can result in termination of your benefits. It doesn’t stop there either. They will even have you on surveillance where they hire investigators to keep an eye on you. This might mean that they show up to watch and follow you likely even photographing or filming you. They have also been known to interview your neighbours or former coworkers. This might sound incredibly intimidating or even an invasion of privacy. The reality though is that this is usually accepted and so long as your story is perfectly honest, this process shouldn’t hurt you.
For short-term disability, the benefits must be paid to you no later than the fifteenth day after your disability started. You can also opt to collect EI from the government and get paid either cumulatively or weekly. You should be aware that there are limitations on who can collect EI. If your injury has been self-inflicted, happened while you were on a paid vacations or leave of absence, or occurred as a result of partaking in a riot or public disturbance, you will not be eligible to collect from your insurance company no matter how severe or debilitating your injuries are. The benefits paid by your insurance company though must be equal to what would have been paid through EI. (This is 55 per cent of the average insurable earning.)
There are cases where you may make a claim for a reasonable disability and yet the insurance company denies your request. In these cases, you can always consider filing a lawsuit. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injury cases for clients throughout Ontario for over 45 years. We understand the impacts injuries can have on your life and know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Know your rights before fixing your vehicle at an auto shop
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You get in a collision and chances are that you have a long road ahead of you. You might be recovering from injuries (or helping a family member heal), dealing with your insurance company, or becoming confident getting back in your car. The last thing you need is to be shortchanged by the auto shop that is fixing up damages to your vehicle.
Yet as inconvenient as this situation is, it’s something you have to look out for no matter how much is on your plate. Know your rights before you walk into that auto shop. Make sure you always go with a trustworthy set of mechanics. In Ontario, as a part of the Consumer Protection Act, there are set guidelines for auto shops that you should know about. For example, the person repairing your car has to give you a written estimate of the likely costs before they set out to fix the damages. If they are replacing any parts, you are allowed to ask for the old parts back. The auto shop has to state all of their costs so that you know ahead of time how labour fees will be calculated. This would include things like hour rates, flat rates and whether or not the mechanics get commission. No repairer is allowed to charge you if they have not first given you an estimate (unless you have asked not to be given one) and they aren’t allowed to charge you for work that you did not first agree to. There will be cases where the fees will be slightly above or below the estimate. (Hence the word “estimate”) When fees are above the estimate, the repairer cannot charge more than an additional ten percent of what was originally stated.
A study done by Northwestern University in Illinois found that people who seemed in-the-know about car repairs and price points got charged fairly every time. People who seemed to understand the repairs, but overestimated the charges, were usually charged even higher and people who seemed completely out of the loop got ripped off nearly every time. Sadly, this was especially true for women. The upside for women: apparently they are better negotiators. About 35 per cent of women who haggled got a lower price as opposed to only 25 per cent of men who tried to drop the price.
Now, what happens when you agree to a service and the auto shop charges you fairly, but their work is of a poor quality? You can actually cancel an agreement and get your money back in a lot of cases. If it’s within ten days of when the initial agreement was made and if the vendor was deceptive of the product or services offered, or if they did not provide you with required information, then you have grounds to ask for your money back. Sometimes if they are being uncooperative, you can take things a step further and file a complaint to the Ministry of Consumer Services. They will inform you about the small claims court process, if that applies to your situation, or they may add this business to the “Consumer Beware List” if they don’t respond. Sometimes, that business can even be fined up to $50,000.
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.
Major or minor injuries affect personal injury claims
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You get in an accident and you decide to sue. How can you tell if your injuries are serious enough? In Canada there is a distinct difference between the serious and minor injuries.
In Ontario, a minor injury is defined as a sprain, strain, whiplash, laceration or a combination of some of these things. Canadian statistics showed that between 2009 and 2010, sprains and strains accounted for 51 per cent of all injuries. More serious injuries like bone breaks and fractures accounted for 17 per cent. Concussions and brain injuries, one of the most serious of all accounted for two per cent. Overall, if you were in an accident that left you seriously impaired, that would mean that your injuries substantially interfered in your ability to perform average daily tasks or even your ability to go to work.
In some of Canada’s Eastern provinces — New Brunswick, Prince Edward Island, and Nova Scotia — a minor injury is considered to be any injury that doesn’t result in long term damages like permanent and serious disfigurement or important body functions impairment. They also consider minor injuries to be repaired within one year after the accident.
The question of minor injury versus major injury matters a lot if you are suing for injuries resulting from a car accident in Ontario. In Ontario, if you got injured in an accident, you used to be entitled to $100,000 in benefits. That was slashed by 50 per cent though and even more is cut if your injuries are considered minor. If you have minor injuries from an accident, your benefits are capped at $3,500. Over 55 per cent of accidents are categorized as minor but if you can prove that your injuries are more serious than typical minor impairments, the insurance company has to prove you wrong. Similarly, if you had a medical condition prior to the accident which is preventing you from recuperating from your “minor” injuries, you will likely be exempt from the $3,500 cap and will reap more benefits.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling accident injuries for clients throughout Ontario for over 45 years. We understand the impacts injuries can have on your life and know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
What are Ontario’s Minory Injury Guidelines?
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If you have been injured in a car accident on or after September 1, 2010, you have probably become familiar with Ontario’s Minor Injury Guidelines (MIG).
The MIG is the set of rules around how much someone can claim in injury benefits from their insurance company if they have received a minor injury from a car accident. When referring to this set of guidelines, a “minor” injury has been defined as a sprain, strain, laceration, or whiplash. Insured drivers who have suffered any of these impairments can claim up to $3,500 from their insurance company (this has been drastically cut from the amount you could claim prior to the MIG). If they had a medical condition prior to the accident, which makes the “minor” injury more severe, they are considered to be exempt from the MIG because this condition combined with the newly added minor injury prevents them from being able to recover 100 per cent. Part of why the MIG was started is to improve the way health care resources are used.
Changes that started at the beginning of November 2011 dealt with the billing from practitioners. The MIG designs treatment to be in three, four-week blocks. Prior to the changes, practitioners were charging for the full block at the beginning. So if a patient wanted to switch practitioners, they had little money left over because they were already charged the full amount. Now, medical professionals are only allowed to charge 25 per cent of the total price for up to the last week which they provided services for.
Before treatment starts, the injured person will be sent to get an assessment where their injuries are diagnosed and a rehab plan is decided upon. There have been complaints that medical professionals charge absurd amounts for assessments and that they favour the insurance companies so that these companies would continue sending patients to them to get these biased assessments. Now, apparently, the first visit will cost a maximum amount of $215, which is inclusive of the assessments and services.
So how do the three treatment blocks work?
Each block is four weeks. At the end of each block, the doctor will assess you and decide based on the treatment received and how much you have recovered, if you will be discharged from the program or if you will continue on for the next four-week block. The practitioner can charge $775 for treatment for the first block, $500 for the second, and $225 for the third. If they don’t offer treatment but instead provide a “monitoring” service, they can charge $200 for each block. They cannot combine the monitoring and treatment fees. Monitoring means that they will give you guidance, advice, coaching, and counselling. If after the third block you are still in need of care, you submit a Treatment and Assessment Plan with a medical report to your insurance company.
Though this may seem reasonable and organized, there has been much complaint that this $3,500 cap is a measly total compared to the injuries gotten while out on the road. As discussed in a Toronto Star story, this sum of money provided by insurance companies is easily drained and the insured and injured driver if left to deal with their injuries alone. To add to this, while claims have been dramatically slashed, premiums collected by insurance companies have increased. It’s like you are losing out double.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling accident injuries for clients throughout Ontario for over 45 years. We understand the impacts injuries can have on your life and know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Slip and fall claims can fall under the city’s responsibility
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During an accident, sometimes a business or another person is responsible, but there are cases when it’s the city’s responsibility, such as when the sidewalks aren’t cleared properly during the winter and a person slips and falls.
The City of Toronto settled more than $200 million in civil lawsuits since 2000, according to a recent investigation by the Toronto Star.
There were 773 claims, one quarter of the total number, which were related to road and sidewalk maintenance. These settlements cost the city $32,458,390.50.
Slip and fall claims accounted for 140 settlements and cost the city $5,230,771.35, while trip and falls accounted for 107 settlements and cost the city $4,657,259.75.
There were 35 settlements where pedestrians were hurt by a city vehicle, which includes police cars, snowplows, TTC buses, streetcars, fire trucks and ambulances.
Poor city services were one of the reasons for a portion of the settlements, ex-city budget chief, Shelley Carroll, told the Toronto Star. The city moved towards privatizing sidewalk repairs.
Filing a claim against the city is different compared to a claim through your insurance policy. If you’re filing a lawsuit against the city it’s because you believe that that the city was negligent in maintaining the city’s infrastructure – whether it’s for a slip and fall incident or a public transit incident.
A Toronto woman filed and won a claim against the city when she slipped and fell on a snow- and ice-covered laneway near the Greenwood TTC subway exit. She fractured her wrist and bumped her head.
The family of a woman who was hit and killed by a TTC bus in January filed a lawsuit against the TTC and the driver. The claim alleges that the driver was negligent in striking the woman who crossed with the right of way at a busy intersection.
Sometimes accidents happen and Neinstein Personal Injury Lawyers are here for you if they do. We know how to get you compensation if you or a family member has been injured in a public transit accident. Call us at 416-920-4242 to set up a free consultation. Come chat with us!
How dangerous are dog bites?
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Most of the time dogs are great companions, there’s a good reason that they’re known as “man’s best friend,” but when dogs attack and bite people, they can exact some serious damage.
Dog bites vary in severity. Sometimes a dog will put a body part into its mouth and not bite down, while sometimes, it can leave multiple, deep puncture wounds when its jaws clamp around you in a crushing grip. Injuries can range from light bruising, puncture wounds, deep tissue damage or nerve damage that could require reconstructive surgery.
Recently, Neinstein’s Rose Leto was featured on City TV for a case about dog bites.
The story featured Leslie Miller whose Chihuahua was attacked by an off-leash dog in a public dog park. The attack on Miller’s pet resulted in her dog losing the sight in one eye and vet bills adding up to close to $3,000 for Miller. The question at hand: is she entitled to compensation for the attack on her animal?
Miller is in fact entitled to receive compensation from the other dog’s owner through small claims court. This is because legally, dog owners are always liable if their pet attacks a person or another animal. Ignorance of the dog’s tendencies would not exempt the owner from being held responsible. According to Miller, the dog that attacked her Chihuahua had a history of viciousness.
In the news segment, Rose confirms that dog owners are liable in the event that their dog attacks. “They are liable under the law. The victim doesn’t have to prove any negligence,” she explains.
If there is more than one dog owner, they are equally liable. If the owner of the attacked dog is found to be partially responsible, their damages would be reduced.
In the United States, there were 27,752 reconstructive procedures for dog bites in 2012, according to a recent plastic surgery report by the American Society of Plastic Surgeons.
Depending on the dogs size, an adult dog’s bite can exert pressure of 200 pounds per square inch, while some large dogs exert pressure of 450 psi, according to a report on animal bites. This heavy pressure can cause injuries to bones, vessels, tendons, muscle and nerves.
But the major issue with bite wounds are the possible infections that can develop. An Ottawa mother was an unfortunate victim, where she lost both her legs and an arm, after one bite from her pet dog. Dog bites are linked to the possibility of rabies, which is a deadly disease that attacks a person’s central nervous system.
There’s also the psychological, emotional and ongoing trauma that needs to be accounted for, along with any medical expenses.
In 2010, there were 379 recorded dog bites in Toronto, but there are many more unrecorded attacks. Unfortunately, children suffer the most severe damage from dog attacks since dogs typically bite a young child’s head or neck area. Attacks are more likely to occur during the summer. Canada Post reported that The Canada Safety Council estimates that in Canada there are 460,000 bites every year. Sadly, our postage delivery personnel often take the brunt of dog viciousness. On average, there are around 500 incidents of dog aggression against postage workers in Canada each year.
As reported by The Toronto Star, last summer, seven-year-old Audrey Mountfort was playing in a friend’s backyard when she was attacked by the German shepherd-collie they were babysitting. The dog, Panny, had a reputation of being good with children and the owners never saw any signs of aggression from their dog. Because of this, they did not feel it was necessary to warn the dog-sitters to keep Panny away from children (though they did specify that the dog was to stay inside their own home unless being walked on a leash). Despite Panny’s unscathed reputation, the child suffered numerous severe bites and had to be hospitalized with 40 stitches.
This goes to show that even the best of dogs have the potential to become aggressive. To prevent dog attacks, the SPCA recommends a few tips to stay educated and aware of dog behaviour and potential triggers for biting. Among them they list: not disturbing dogs that are eating, sleeping or caring for puppies; not approaching a dog’s food, toys or bowl; not playing roughly with dogs; not cornering dogs, and not approaching dogs that are unattended.
Unfortunately dog bites occur and can leave some devastating damage. Personal injury law firm Neinstein Personal Injury Lawyers has over 40 years of experience in handling various injuries. 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.
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