Imagine for a moment that you are suddenly injured in a car accident for which you are not at fault and are now stuck with its consequences, which most often include pain, suffering, loss of enjoyment of life, and impairments which impact your ability to earn a living.
Accident Benefits Category Archives
What is a ‘Form 1’ and why do I need it to get accident benefits?
If you are seriously injured in a car accident there are many benefits available that a personal injury lawyer can help you apply for. One of these benefits is called ‘attendant care’ and it relates to services provided around the home. Examples of attendant care include: dressing, undressing, grooming, preparing food, eating food, taking medication, bathing and exercising. Many seriously injured people have difficulty with …
“Reasonable And Necessary” Treatment: What Does It Mean?
Your automobile insurer is supposed to pay for all “reasonable and necessary” non-OHIP-covered medical treatment (up to specific monetary limits). This includes things like: Physiotherapy Counselling Occupational Therapy Rehab Support Chiropractic Acupuncture Massage Therapy and Mobility devices Treatment is important for any person’s recovery from injury. Treatment can alleviate pain and increase function. But, often automobile insurers will balk at paying for treatment, stating “that’s …
The Interaction Between Accident Benefits and the Ontario Disability Support Program (ODSP)
Car crashes often cause serious injuries, which can be long term and require substantial treatment. Some accident victims unfortunately become disabled as a result of their injuries.
Aviva Canada Inc. v. Sidhu, 2018 ONSC 6506 (CanLII)
The Divisional Court affirms a declaration that the insurer’s denial of IRBs was defective (18 years later) and therefore the limitation period had not been triggered.
A Deductible on Pain and Suffering Damages
Recently this Blog focused on one of the cruelest laws – the woeful compensation scheme for the death of a loved one. But the law that may be most frequently used to punish innocent accident victims in Ontario to the benefit of bad drivers and their insurers is the “statutory deductible” for general damages awards.
