Archive for the ‘Personal Injury Law’ Category
Commitment to Compassion: Trauma-Informed Advocacy at Foisy & Associates
At Foisy & Associates, we recognize the profound impact that personal injury and disability can have on an individual’s life. Not only do these events cause physical harm, but they also carry deep emotional and psychological effects. This understanding is at the heart of our practice, guiding...
A Good Lawyer vs the Right Lawyer: How Do You Know If You Have Found the Right Lawyer?
Navigating the complexities of a legal case can be overwhelming, no matter what your situation may be. The heart of managing those complexities is the relationship between you and your lawyer, a partnership that can influence the outcome of your case. But in a world with hundreds of good personal...
Declaratory Relief Within Simplified Procedure
When building civil cases, lawyers must determine whether they are making the claim within Ordinary Procedure or Simplified Procedure. Simplified Procedure is a clear, less expensive process to resolve civil cases in Ontario. On January 1, 2020, the Ontario government changed the Rules of...
Personal Injury Potential Settlement Values: Arm Injuries
Arm injuries are often caused by instinctively holding out ones arm as a defensive action just before accident impact and sometimes due to the impact from air bags deployed at explosive speeds. In this article, we will take a look at four arm injuries and historical examples of the personal injury...
How Past Marijuana Use May Impact Personal injury Claims
Marijuana is the most commonly used drug in North America. Most marijuana users begin experimenting in adolescence, and according to the Canadian Centre on Substance Use and Addiction, over 25% of Canadian youth aged 15-24 use marijuana.1 With the recent legalization of cannabis for recreational...
Social Media and Personal Injury Law: Can Social Media Affect Your Case?
Social media plays a prominent and important role in our day-to-day lives—enabling us to share photos we like, post updates about experiences, and catch up with friends and family. But if you have sustained an injury and are involved in a personal injury case, these simple posts and pictures can...
After the Event Insurance: The New Legal Safety Net
Personal Injury Client Costs and Fees In Ontario automobile and non-automobile personal injury cases, the costs and fees can be a heavy burden for a client. Generally, lawyers and clients establish a Contingent Fee Agreement (CFA) where a client agrees to pay the lawyer’s costs only if...
Understanding Why OHIP Might Receive Part of Your Injury Claim Settlement
After receiving a personal injury claim settlement, you might discover that you are not the only beneficiary. Many clients are surprised to learn that a third party – such as the Ontario Health Insurance Plan (OHIP) – might also be entitled to payment of its own claim. This is known as...
3 Reasons the Pain and Suffering Cap Should Be Abolished
What Is Pain and Suffering in Terms of Personal Injury Law? Pain and suffering is a type of damage that an injured party may claim during a lawsuit. It is considered a “non-pecuniary” damage, which is a loss that is not easily quantifiable in financial terms (as opposed to, for example, loss of...
Personal Injury Potential Settlement Values: Scarring and Disfigurement of the Face and Neck
Catastrophic injuries can cause scarring and disfigurement that can have a lifelong impact, physically, psychologically, and emotionally. The high visibility of scarring and disfigurement on the side of the face and neck can also affect a person’s quality of life in numerous ways, such as lost...
Personal Injury Potential Settlement Values: Basal Skull Fracture
A basal skull fracture, most often caused by motor vehicle accidents, slip and fall accidents, and child abuse cases, is considered a severe head injury. It is a fracture at the base of the skull and is frequently accompanied by a brain injury, which can cause significant challenges for...
Personal Injury Potential Settlement Values: Whiplash Injuries
Whiplash injuries are generally the result of the head snapping forward and then back again, especially in rear-end motor vehicle accidents. Other similar activities gone wrong can cause a whiplash, such as a roller coaster, skiing, or from a sports injury where you might be accidently hit, kicked,...
Personal Injury Potential Settlement Values: Temporomandibular Joint (TMJ) Injury
TMJ injuries involve pain and dysfunction of the muscles that move the jaw and the joints which connect the jawbone to the skull. Some causes include injury to the teeth, jaw, or arthritis. In this article, we will take a look at two TMJ injuries and historical examples of the personal injury...
New Resource! Personal Injury Potential Settlement Values
I am excited to announce the launch of a new educational section of my website: Illustrations of Common Injuries & Potential Settlement Values. This resource offers injury information and settlement examples for a large number of common personal injuries. Each injury has a unique page that...
Personal Injury Potential Settlement Values: Mild Traumatic Brain Injury and Concussions
Brain injuries are classified as mild, moderate, or severe. The leading causes are vehicle-related collisions, falls, sports injuries, and assaults. Of these brain injuries, 70-90% are considered “mild” and are commonly referred to as “concussions”. It is important to realize, however, that...
Some Do, We Don’t – Roger R. Foisy Addresses Toronto Star Article
A Condemnation of Ontario Injury Lawyers Charging Unjust Fees On Saturday, the Toronto Star published an investigative article titled “Double-dipping lawyers taking big slice of injury settlements”. The article details the practice of some Ontario Personal Injury Law Firms of charging a...
New Auto Insurance Rules Reduce Rehabilitation Payout for Victim with Traumatic Brain Injury
I have blogged frequently in the past few years about the reduction of auto insurance benefits in Ontario and how these changes are hurting car accident victims. In my last blog, I recommended Ontario drivers consider adding optional benefits to their insurance for this...
What Happens During the Mediation of a Personal Injury Claim? [Video]
Statistics show that 97% of personal injury cases settle before going to trial. One of the most effective ways to settle a claim is during mediation, which can result in a fair settlement of your case without needing to go to trial....
Quantifying Damages: Personal and Attendant Care
After suffering a personal injury from an at-fault party, victims are entitled to compensation for the serious injury and any resulting disability. A personal injury lawyer fights to secure the maximum settlement for their injured client, based on their ability to demonstrate the extent of the...
Quantifying Damages: Housekeeping and Home Maintenance
After suffering a personal injury from an at-fault party, victims are entitled to compensation for the serious injury and any resulting disability. A personal injury lawyer fights to secure the maximum settlement for their injured client, based on their ability to demonstrate the extent of the...
Preparing for an Insurance Company Independent Medical Examination [Video]
Personal injury clients are often asked to undergo an Independent Medical Examination (IME). These evaluations are common practice when you are engaged in a personal injury or long-term disability...
Seeking Compensation for a Compression Fracture of the Back
Throughout my years as an Ontario Personal Injury Lawyer, I have represented many clients with injuries that have included a compression fracture of the...
Roger R. Foisy to Give a Presentation on Best Practices for Small Personal Injury Law Firms
In my presentation, I will be sharing insight on how my practice manages to be successful despite taking on fewer files than a similarly sized firm, allowing us to focus more time, effort, and energy on each file in order to achieve better results per...
Why You May Want to Consider Getting an Individual Disability Insurance Policy (Even If You’re on a Group Policy through Your Employer)
While it is good to have LTD insurance through a group policy with your employer, there are many scenarios in which it may be beneficial for you to also purchase an individual insurance policy for yourself....
What Is the Settlement Value for My Injury or Illness? [Video]
People often believe that settlement value is mostly determined by the extent of the injury. While this is a factor, the most important information is how the injury has impacted your life. In other words, what does the injury prevent you from being able to do and how does this affect...
Suffering from a Whiplash Injury? You May Have a Brain Injury
A whiplash injury can occur when a person’s head and neck move forward and backward in a sudden motion. This rapid movement can strain, stretch, or tear muscles and tendons in the neck, causing...
Initial Client Interview: What Personal Injury Victims Can Expect [Video]
Typically, personal injury victims do not have experience with the legal process, and therefore do not know how to proceed after being injured....
Seeking Compensation for Coccyx or Sacral Fractures
A coccyx or sacral fracture is not a common injury; however, it can have a large impact on a person’s ability to carry out their regular activities of living, including their ability to...
Do You Understand the Definition of Disability in Your Group Insurance Policy?
I recently wrote about the importance of fully understanding your long term disability group insurance policy....
Why You Must Fully Understand Your Long Term Disability Group Insurance Policy [Case Study]
Misunderstanding your long term disability (LTD) group insurance policy can result in a great deal of stress if you are ever in a position to require those benefits. Unfortunately, your LTD policy may not be as straightforward as you...
Ontario Trial Lawyers Association Against New Auto Insurance Regulations
My team and I recently attended an Ontario Trial Lawyers Association (OTLA) event, Driving for Success: Maximizing Your Auto...
What Can I Expect at an Examination for Discovery? [Video]
My personal injury and insurance disability clients often have many questions about what to expect during the Examination for Discovery...
Seeking Compensation for a Temporomandibular Joint (TMJ) Injury
As an Ontario personal injury lawyer, I have helped many clients with temporomandibular joint (TMJ) injuries receive the proper compensation. Through my years of experience, I have seen the serious impact TMJ injuries have on a person’s ability to carry on with their regular activities of...
How an Occupational Therapist Can Help Personal Injury Lawyers Achieve a Favourable Settlement
If you or a loved one sustains a serious injury as a result of negligence from another party, you may need to employ a personal injury...
Bill 15: Changes to Ontario Auto Insurance Regulations Hurt Motor Vehicle Accident Victims
Bill 15, The Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, has recently passed in...
Seeking Compensation for a Knee Injury
As an experienced Ontario Personal Injury Lawyer, I have represented many clients suffering from knee injuries and have ensured that they received proper...
The Long Term Disability Insurance Process and Why It Can Fail
Many people with valid long term disability (LTD) claims are denied. Why does this happen? Shouldn’t our system have processes in place to ensure that those who need long term disability receive...
Seeking Compensation for a Basal Skull Fracture
In my experience as an Ontario Personal Injury Lawyer, I have assisted several clients with basal skull fractures and ensured that they received proper compensation. As the injury involves damage to the brain, a basal skull fracture can cause significant problems for victims in their daily...
Why Insurance Companies May Have You Under Surveillance (And How You Can Lose Your Long Term Disability Compensation)
When you have made a claim for or are receiving long term disability insurance benefits, insurance companies will often look for reasons to deny or terminate your disability benefits. It is in their best interest to demonstrate that you are fit for work and do not require ongoing disability...
Seeking Compensation for an Ankle Injury
Throughout my years as an Ontario Personal Injury Lawyer, I have helped many clients with ankle injuries receive proper compensation. Unfortunately, many people do not think an ankle injury is particularly serious; however, I have found that this type of injury can have a large impact on a...
Long Term Disability: Why Is It Difficult to Receive Funding for Psychological Disabilities?
Long term disability (LTD) occurs when you are unable to work due to an injury or an illness. Those who suffer from injury or illness and have previously purchased disability insurance are able to submit an LTD claim through their disability insurer, which gives them a degree of financial security...
Compensating for the Emotional and Psychological Impact of Scar, Burn, and/or Disfigurement Injuries
Scar, burn, and disfigurement injuries are different from other types of injuries that I, as a personal injury lawyer in Ontario, help clients receive compensation...
Daily Court Information Now Available Online in Ontario
The Superior Court of Justice and Ontario Court of Justice have created a new online resource to make it easier for people to know when and where they need to go to court across Ontario. This service publishes the daily court lists for these two bodies, including: Case name Names of those involved...
Seeking Compensation for a Rotator Cuff Injury
Over my years as a personal injury lawyer in Ontario, I have helped many clients with rotator cuff injuries receive the proper compensation. Through this experience, I have seen how rotator cuff injuries can have a widespread impact on a person’s daily activities of...
Trying to Access Your Own Medical Records in Ontario? Be Prepared to Pay.
Ontario residents are being charged excessive fees by pharmacies and medical offices simply to obtain their own medical records. Although this is a topic I have addressed before, it unfortunately continues to be an issue. A recent article in the Toronto Sun by Alan Shanoff, “Our information,...
Changes to Prejudgement Interest at the Expense of Motor Vehicle Accident Victims
The recent Bill 171 “Fighting Fraud and Reducing Automobile Insurance Rates Act” introduced by Ontario’s Minister of Finance, proposes reducing the amount of interest insurers must pay on compensation owed to motor vehicle accident (MVA) victims. Currently, the interest rate is 5%, but under...
Accessing Funding for Medical Rehabilitation after Suffering a Mild Traumatic Brain Injury in a Motor Vehicle Accident [Video]
If you, or a loved one, have been injured in a motor vehicle accident, it is important to understand the different levels of funding available to you. The funding you receive is dependent on the severity of your injuries; therefore, it is essential to recognize what your symptoms may mean so you...
Sidewalk Disrepair Leads to $107,765 Settlement for Injured Woman
The Ontario Superior Court of Justice recently awarded a $107,765 settlement to Glenda Grayling following a fall on November 25, 2009 on a Caledonia city sidewalk. Glenda and Kevin Grayling alleged that Mrs. Grayling’s fall was caused by the defendant’s negligence. The defendant in the case was...
5 Reasons Why Substance Abuse is Linked to Brain Injury
Substance abuse is the overindulgence in, compulsive use of, or dependence on drugs and/or alcohol, particularly to the point of interference with work, home, or social life. Any substance use by an individual who has suffered from a traumatic brain injury (TBI), including a mild traumatic brain...
Changes to Accident Benefits for Vehicle Collision Victims in Effect as of December 17, 2013
In December 2013, the government quietly passed regulations that change accident benefit insurance for motor vehicle collision victims. These alterations came into effect on December 17, 2013. Unfortunately, the changes are not to the benefit of those seeking personal care following an injury in a...
The Next Five Reasons an Insurance Company Will Deny Your Long-Term Disability Claim [Video]
In our previous video, we explained the first five reasons why an insurance company might deny your long-term disability claim or terminate your benefits. Click here to see it. Today, our video is concerned with the next five common reasons why insurance companies deny long-term disability claims....
The First Five Reasons an Insurance Company Will Deny Your Long-Term Disability Claim [Video]
If you are not able to work due to an injury or an illness, it is very important for you to be aware of the main reasons why an insurance company may deny your long-term disability claim. With knowledge of the five most common reasons why claims are denied, you may be able to avoid...
Maximum Attendant-Care Benefit not Limited to Extent of Economic Loss
When in a motor vehicle accident, regardless of fault, you are entitled to accident benefits from your insurance company. One benefit is for ‘attendant care,’ which covers daily-care expenses if you are no longer able to care for yourself. The amount of attendant-care benefits depends on...
Understanding Your Legal Options for Accidental Injuries in Ontario [video]
[Video Below] It is important to know what your legal options are if you have been injured in an accident in Ontario. There is a potential case for a lawsuit for virtually anything, so you should ask yourself if it makes sense to start a lawsuit. This should really depend on the severity of your...
Combining Physical and Psychological Impairments in Catastrophic Impairment
If suffering serious injuries from an accident, the method for assessing catastrophic impairment should be more inclusive according to an Ontario Court of Appeal decision. An assessment of physical and psychological impairments should be allowed to be combined in determining if someone suffers from...
Understanding What Insurance is Readily Available to You in Ontario After a Car Accident [Video]
What is important to know about automobile insurance coverage after you have been involved in a car accident in Ontario? The primary concern arising from a motor vehicle collision is to protect your legal rights for any future claims you may have resulting from this collision. In Ontario, every...
Should I Hire A Personal Injury Lawyer? [Video]
Should I hire a Personal Injury Lawyer in Ontario or deal directly with the insurance company? Many people are concerned about lawsuits and are especially fearful about having to testify in a court of law. As a result, injured parties often settle their claim directly with the insurance company...
How Ontario Injury Lawyer Fees are Determined [video]
Lawyers are governed by the Law Society of Upper Canada, but that being said, lawyers are not regulated on how much they can charge you on a per hour basis. It is a free market based on experience, as well as supply and demand. There are some exceptions to this rule when it comes to...
How Personal Injury Settlement Values are Determined in Ontario [video]
How do lawyers come up with personal injury settlement values in Ontario? In other words, how much is your case worth? There are two critical factors that maximize the value of any settlement: Your personal situation How your lawyer approaches your case Your personal situation is of...
Social Media no Friend to Insurance Litigants
In a recent interview with the Law Times, a leading Canadian Law publication, Roger Foisy warned that insurance companies are looking for evidence online – and in particular in social media platforms to dispute litigant claims. Online media in the form of a picture, video or text may conflict a...
Roger R. Foisy Slams Cost of Medical Records
Roger Foisy was recently interviewed by one of Canada’s leading law publications, the Law Times, on the issue of excessive fees charged by pharmacies and medical offices for providing client medical records. The concern with these charges is they are out of line with the time spent retrieving and...
Preserving social media evidence without informing our clients. Is this where the law is headed?
In today’s day and age, social network sites have become more prevalent in society, so much so that it now plays a part in court decisions. In a recent motor vehicle accident decision in Sparks v. Dube, [2011] N.B.J. No. 38, a New Brunswick court ordered the plaintiff’s lawyer to retain a...
Lawyer Contingency Fee Agreements: Doing it Right
A contingency fee agreement or retainer is defined as an agreement made between the lawyer and their client where the fee for services is only payable when there is a favourable result. This means that the lawyer is not paid until the case is settled in the plaintiff’s favour or a court...
Putting a Stop to Phantom Clients Forever
The courts have made a distinction between a solicitor-client relationship and a solicitor-client retainer. The relationship is established when the prospective client has his or her first consultation with the lawyer or law firm about retaining services. The relationship is often established...
Is File Handling one of Your New Year`s Resolutions?
You enter your office and you sit at your desk. A letter addressed to you “personal and confidential” stares you in the face. You open it and read the allegations against you. You feel personally and unjustifiably attacked. Your hands perspire and you call for the file to reassure...
Personal Injury Law and Social Media
Beware personal injury and insurance clients when it comes to social media sites like FaceBook, MySpace,YouTube and many other sites which are popping up every day. Posting personal information about yourself and your immediate family members including photographs or video can easily undermine...
