Personal Injury Category Archives

What is a Functional Capacity Evaluation?

If you have been injured in a car accident and your accident benefits (auto) insurer has been paying you an Income Replacement Benefit (“IRB”) because you cannot work, the insurer may, from time to time, assess your entitlement to continued IRBs. This includes sending you to one or more assessments conducted by a health professional. One of the assessments that insurers like to do is called a Functional Capacity Evaluation (“FCE”).

When it comes to motorcyclists, it’s a David v. Goliath world out there

When it comes to professional fighting, fighters in the ring are separated by weight class, which only seems fair. Yet, when it comes to Ontario’s roads, there’s no such separation between vehicles. Unfortunately, for motorcyclists in particular, this poses inherent risk when sharing road space with other vehicles ranging from cars to 18-wheelers.

Contingency Fee Arrangements

In Ontario, access to justice is an important issue that the Law Society of Ontario (LSO) and the Ontario Trial Lawyers Association (OTLA) take very seriously. In order to ensure access to justice for all, the LSO allows lawyers in this province to take on risky cases without being paid at the start. These arrangements are commonly called ‘contingency fees’, ‘no win no fees’ or ‘speculative fees’. They are one type of retainer between a lawyer and client.

What is a Neuropsychologist?

Most people know what a psychologist is. However, most people do not know that, other than an MRI that scans brain structures, one of the most vital instruments to measure the presence, or the extent, of a brain injury, is neuropsychological testing.

Two Steps Forward, One Step Back: Applying for CPP Disability when receiving Long-Term Disability Benefits

Many individuals who find themselves unable to work as a result of a serious injury or illness have disability benefits available through a group policy with their employer or through private coverage they have purchased independently. These policies typically provide 66.6% of your salary if the insurer determines that you meet the definition of disability as outlined in the contract. The initial test to qualify …

Changes to the Law since 2010

For most of us, driving is a necessity. All drivers in the province of Ontario must have car insurance. Paying these ever-increasing premiums is also a necessity. Despite the fact that premiums keep increasing, the car insurance policy is shrinking. Most injured people get only $3,500 in rehabilitation coverage. Even those with more serious injuries, including catastrophic injuries, have had their benefits cut in half. …