Champions With Heart.

Call Us 855-351-1115

Tell us what happened
Contact Us

Accident Benefits Update: LAT Examines Glasgow Coma Scale As Category

Campisi Law on November 7, 2018

In a recent decision of the Licence Appeal Tribunal, E.W. v Primmum Insurance Company, the applicant, E.W. had been seriously injured in a single vehicle collision while under the influence of alcohol.  He suffered extensive orthopedic injuries requiring ongoing rehabilitation to the point that he exhausted his monetary limits under the Statutory Accident Benefits Schedule (SABS).  As a result, he applied for a determination of Catastrophic Impairment (CAT), which if accepted, would provide greatly enhanced medical benefits.
Immediate grounds for a CAT determination exist where an insured suffers a brain impairment that results in a score of 9 or less on a test of cognition known as the Glasgow Coma Scale (GCS) within a reasonable time after the accident. E.W. based his CAT application entirely upon a GCS of 8T recorded immediately following his surgery.

Read More about Accident Benefits Update: LAT Examines Glasgow Coma Scale As Category

How Local Grocery Shopping Can Dismantle Your Motor Vehicle Accident Case

Campisi Law on November 7, 2018

If you have been seriously injured in a motor vehicle accident, it can be difficult performing routine tasks that you used to take for granted.  You may feel fatigued, frustrated and overwhelmed. At the same time your insurance company will be pressuring you to return to work and resume your daily activities.  

Read More about How Local Grocery Shopping Can Dismantle Your Motor Vehicle Accident Case

Mistake, Duress, Unconscionability: Can I Overturn A Bad Settlement?

Campisi Law on November 7, 2018

Have you ever met someone who was in a car accident, settled his or her accident benefits claim or potential lawsuit but didn’t receive adequate compensation to cover ongoing medical treatment, lost time at work or personal or household assistance? Unfortunately, this happens far too frequently in Ontario- often, but not always, these accident victims are not represented by a lawyer, or by one who does not put their interest first.    

Read More about Mistake, Duress, Unconscionability: Can I Overturn A Bad Settlement?

Accident Benefits Update: LAT Clarifies Role of Causation in CAT Applications

Campisi Law on October 10, 2018

In Applicant v TD Insurance, a recent decision of the Licence Appeal Tribunal (LAT), Member Sewrattan had to consider whether an insurer could use causation as grounds for refusing to fund rebuttal assessments requested by the unnamed applicant to determine whether he had suffered a catastrophic impairment (CAT) under the Statutory Accident Benefits Schedule (SABS).

Read More about Accident Benefits Update: LAT Clarifies Role of Causation in CAT Applications

Accident Benefits Updates- Striving to Establish Your Best New “Normal”

Campisi Law on July 11, 2018

When you (or someone you love) has been seriously injured in a car accident, the impact on your life is devastating. It can be difficult pushing ahead with rehabilitation, striving to establish your best new “normal” in the face of physical, psychological or cognitive obstacles which seem overwhelming.

Read More about Accident Benefits Updates- Striving to Establish Your Best New “Normal”

Court Orders Production of Plaintiff’s Social Media Content

Campisi Law on July 8, 2018

The attitude in our courts towards social media has shifted drastically for the worse over the last decade. In 2012, for example, content from “private” social media sites was perceived as exempt from disclosure to the defendant. Plaintiffs were understood as justified in restricting access to the content.
Recently, Master Short revisited this contentious topic in Isacov et al v. Schwartzberg (2018 ONSC 5933). The plaintiff was injured in 2012 when the defendant motor vehicle ran over her foot. She claimed that her ongoing impairments prohibited her from continuing her career as a professional ballroom dancer because she was unable to wear high heels.

Read More about Court Orders Production of Plaintiff’s Social Media Content

Manage Your Accident & Sports Related Injuries

Campisi Law on April 5, 2018

Concussions are in the news a lot in sports-related injuries- especially hockey and football as high-profile athletes suffer repeated head injuries that can shorten their careers and permanently impact their lives. As a result, more attention and money has been devoted recently to understanding the diagnosis and treatment and long-term effects of concussions.

Read More about Manage Your Accident & Sports Related Injuries

Accident Benefits Update: Chronic Pain Is Not a Minor Injury (Again!)

Campisi Law on March 10, 2018

The central issue in the recent Reconsideration of 17-000835 v. Aviva General Insurance Canada (2018 CanLII 83520) was whether chronic pain should be considered a “minor injury” or “clinically associated sequelae” under the Minor Injury Guideline (MIG) and Statutory Accident Benefits Schedule (SABS). While this issue should have been resolved already, Insurance companies continue to use the MIG as justification for denying payment of benefits to chronic pain claimants.
The Applicant, T.S. was injured in a collision on January 16, 2015 and sought treatment through his automobile insurer, Aviva. Based on the report of his initial injuries, his claim was processed under the MIG by Aviva, and was subject to a $3,500 cap on funding.

Read More about Accident Benefits Update: Chronic Pain Is Not a Minor Injury (Again!)