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Before You Settle Your Personal Injury Lawsuit

campisillp on April 9, 2024

It seems obvious, but many injury victims do not fully understand that the compensation you receive from a car accident can be crucial in determining the quality of your future life. Therefore, a proposed settlement should not be accepted lightly. To make prudent and informed decisions about your future, you need to understand whether the defendant’s offer is fair and reasonable in all the circumstances. To this end, all plaintiffs should consider the following:

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Accident Victims: Get Your Own Medical Opinion

Adam Kuciej on October 3, 2023

Updated October 3, 2023

Navigating the insurance claims process, including the Statutory Benefits Accident Schedule (SABS) challenges anyone outside the legal system. But recently there was a landmark decision worth revisiting because of the opportunity it represents for claimants who have suffered from catastrophic injuries that are being disputed by their insurance companies. Read More about Accident Victims: Get Your Own Medical Opinion

Determining Catastrophic Impairment in Ontario

campisillp on February 3, 2023

Nobody wants to contemplate a catastrophic injury, but unfortunately thousands of Ontarians every year are seriously injured in this way.

From a personal injury standpoint, Catastrophic Injuries or Impairments are a special classification of injury that often result in substantially larger settlements due to the life altering health effects and impact they have on an individual’s ability to support him or herself in the future.

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Accident Benefits Update: Proving Chronic Pain? – a Cautionary Tale

campisillp on November 3, 2020

In S.K. v. Aviva Insurance Canada (2019 CanLII 126203) recent Reconsideration Hearing before the Licence Appeal Tribunal (LAT), the applicant S.K. argued that the LAT had erred in fact and at law by finding that her injuries were appropriately treated under the Minor Injury Guideline (MIG). As a result of this finding, her claims for outstanding treatment plans were also dismissed.

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Accident Benefits Update: LAT Approves Attendant Care Despite Lawyer’s Return to Work

campisillp on March 20, 2020

On March 20, 2020, the Licence Appeal Tribunal (LAT) released its decision in J.W. v. Security National Insurance Company (2020 CanLII 30385). The central question in this decision concerned a catastrophically injured (catastrophic) applicant’s entitlement to Attendant Care (AC) benefits, and the quantum of those benefits if found reasonable and necessary. The applicant, J.W. had been seriously injured in a motor vehicle accident on October 20, 2014 while riding a motorized scooter. He sustained a traumatic brain injury (TBI) and multiple orthopedic and other injuries. Security National, his accident benefits insurer, accepted that he was catastrophic.

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Lat Applies Heath Test- Orders Non-earner Benefits (Neb) For Chronic Pain

campisillp on March 20, 2020

When you apply for accident benefits coverage after a car accident, you are required to elect one of: Income Replacement Benefits (IRB), Caregiver Benefits, or Non-Earner Benefits (NEB).  Of the three, NEBs have the most challenging criteria to meet. NEBs only kick in after six months AND have the highest threshold: the claimant must sustain an impairment as a result of an accident and suffer a complete inability to carry on a normal life as a result of and within 104 weeks after the accident and does not qualify for an income replacement benefit.

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ACCIDENT BENEFITS UPDATE: INSURER CAN’T RELY ON PRIOR MIG REPORT

campisillp on March 20, 2020

In Applicant v. Aviva Insurance Canada (2018 CanLII 110921), a recent Licence Appeal Tribunal (LAT) decision, the applicant was struck by another car while making a left hand turn on June 30, 2016.  Within two days of the accident, he reported back and left leg pain and began receiving physiotherapy. His employer provided accommodation for his injuries that allowed him to continue working.  He received accident benefits coverage from his insurer, Aviva subject to the $3500 cap under the Minor Injury Guideline (MIG). Subsequent treatment plans for physiotherapy, chiropractic and massage were denied and the applicant commenced a LAT proceeding to challenge the MIG designation and seek payment of the disputed plans.

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ACCIDENT BENEFITS UPDATE: FSCO MISSES THE POINT OF MIG APPEAL

campisillp on January 5, 2019

In Aviva Canada Inc. v. Sleep(FSCO Appeal P17-00034), Director’s Delegate Murray was required to review an arbitration decision concerning the Minor Injury Guideline (MIG) of the Statutory Accident Benefits Schedule (SABS).  In the decision, Arbitrator Anschell found that the Respondent, Mr. Sleep had sustained injuries from a March 26, 2014 collision that exceeded the definition of “Minor Injury” under the MIG.

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