Archive for the ‘Personal Injuries’ Category
How Cell Phones Can Affect Personal Injury Claims
As technology becomes increasingly intertwined with our daily lives, it is no surprise that cell phones are now playing a significant role in personal injury cases. Whether they serve as key pieces of evidence or a source of potential risk, cell phones can affect the outcome of claims in both...
Personal Injury Potential Settlement Values: Knee Injuries
Knee injuries can occur with little impact and are often the result of a slip and fall or a minor motor vehicle accident. In this article, we will take a look at four knee injuries and historical examples of the personal injury settlement values victims have received: ACL Tear Dislocation of the...
Personal Injury Potential Settlement Values: Leg and Ankle Injuries
Lower extremity (leg, knee and ankle) injuries tend to occur over a wide range of unfortunate accidents. As a general rule, less impact is required for knee and ankle injuries which can result from a slip and fall or a less impactful motor vehicle accident. In contrast, the femur...
Personal Injury Potential Settlement Values: Hip and Pelvis Injuries
Hip and pelvis injuries were once a common result of motor vehicle accidents. But with advanced safety features including lower console and lower door side airbags, these injuries have been greatly reduced. However they remain a prominent outcome of slip/trip and fall accidents, particularly for...
Personal Injury Potential Settlement Values: Wrist and Hand Injuries
In our previous article, we discussed arm injuries and how they are often caused by defensive instincts just before impact from a motor vehicle accident. Similarly, wrist and hand injuries are often defensive, and particularly common in slip and fall accidents. In this article, we will take a look...
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...
Understanding the Lasting Impacts of a Spine Injury
Whether the result of a slip and fall, a serious motor vehicle accident, or another accident, a spine injury can be serious and have profound impacts on a person’s life. Often, the effects extend far beyond the physical injury itself and may have lasting influences on someone’s physical and...
Recognizing the Signs and Symptoms of a Concussion [Infographic]
June is Brain Injury Awareness Month. Every year approximately 160,000 Canadians sustain brain injuries, the majority of which are concussions. Unfortunately, because people often think of a concussion as “just a concussion”, trauma to the brain can easily be overlooked. It is important that a...
How to Avoid Being Denied Disability Benefits: Completing the Physician Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
How to Avoid Being Denied Disability Benefits: Completing the Sponsor (Employer) Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
How to Avoid Being Denied Disability Benefits: Completing the Member Statement [Video]
As an Ontario Long Term Disability lawyer, I am regularly asked how people can avoid being denied LTD benefits when they are applying. From a legal action perspective, I can only accept long term disability clients after their application has been denied or their benefits have been wrongfully...
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...
Riskier Roads – GTA Pedestrians and Cyclists Being Run Down at Record Rates
A rash of pedestrian and cyclist accidents in the GTA has been alarming to those people who choose to walk or bicycle. It is particularly upsetting because these accidents have caused increased pedestrian fatalities. With the continual increase in the number of automobiles in Ontario coupled with a...
How Speech-Language Pathologists Help Traumatic Brain Injury Victims
In my previous video (and blog) about finding the right team for your brain injury rehabilitation, one of the key specialists I mention is the speech-language pathologist. A speech-language pathologist is a medical professional who specializes in speech disorders and cognitive-communicative...
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...
Ontario Drivers: Do You Know about These Recent Reductions to Your Auto Insurance Coverage?
Did you know your auto insurance benefits were reduced on June 1, 2016? I have found many of my motor vehicle accident (MVA) personal injury clients are not aware of the recent changes to automobile insurance; I am writing this article because it is very important for every Ontario driver to know...
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....
Driving Rehabilitation Services after Personal Injury
Driving rehabilitation is a service for personal injury clients who need assistance to get back into their vehicle and on the road to recovery....
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...
It’s the Law! Cyclists under 18 Must Wear Helmets
Did you know that from 2006 to 2010, 93.75% of cyclists under the age of 18 who were killed in cycling collisions were not wearing a helmet? (The Ontario Ministry of...
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...
May Is National Fitness Month: Staying Healthy Can Help Your Recovery in the Case of Personal Injury
May is National Fitness and Sports Month, intended to encourage everyone to get active and take care of their bodies! As you are most likely already well aware, staying fit and healthy has a multitude of...
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...
Uniquely Qualified: Personal Injury Lawyer Roger R. Foisy’s Medical Diplomas and Certificates
The more knowledgeable I am concerning medical topics and the human body, the better I am able to ensure my clients receive a fair...
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...
When Personal Injury Impacts an Elderly Person’s Mobility
Mobility is extremely important for our health and happiness as we age. Elderly people who are mobile are typically better able to retain their independence and stay active into the golden...
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...
How Parents Can Assist Children with Brain Injuries in Returning to School
Children who have experienced a traumatic brain injury (TBI), ranging from mild to severe, are more likely to face difficulties when returning to school after the incident or after a period of...
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...
There’s No Such Thing as “Just a Concussion”
Recently, an article in CBC News came to my attention about a 17 year old girl who ignored concussion symptoms, leading to her death. I am always saddened by news like this. Especially when people ignore concussions because they think it’s “just a concussion”. It is never “just a...
New Ontario Budget Sides with Auto Insurance Companies over Accident Victims … Again
The 2015 provincial budget was announced on April 23, claiming to bring adjustments and reforms to the Ontario auto insurance industry. Initially, this sounds like a positive change. For the past 5 years, MPPs have passed bills regarding auto insurance that takes away their constituents’...
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...
Myths and Facts about Child Brain Injuries [Infographic]
If you or a loved one sustains a traumatic brain injury – whether it is mild, moderate, or severe – it is a difficult time in your life. Brain injuries often require extensive rehabilitation, and can have long lasting...
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...
Insight from the 2015 Traumatic Brain Injury Conference in Toronto [Video]
On January 30, 2015, I will be attending the annual Traumatic Brain Injury Conference hosted by the University Health Network (UHN) Toronto Rehabilitation...
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...
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...
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...
Distracted Driving Causes Motor Vehicle Accidents
The Toronto Sun has published yet another saddening article about driving while distracted by a cell phone. It tells the story of a teen in 2009 who lost control of his car and died after reaching for a ringing phone....
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...
Don’t Neglect to Renew Your Driver’s Licence
Renewing your driver’s licence is a simple process – and it can save you from facing expensive insurance issues, should you get in an accident while your licence is...
Coping with the Emotional and Psychological Impact of a Mild Traumatic Brain Injury [Video]
If you’ve experienced a mild traumatic brain injury, it’s important to know that your emotional and cognitive symptoms are completely...
Finding the Right Team for Your Mild Traumatic Brain Injury [Video]
When you have suffered a mild traumatic brain injury (mTBI), it is critical to have the right team of specialists at your side to help you through the rehabilitation...
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...
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...
Global Brain Awareness Week 2014
This week, March 10-16 2014, is Brain Awareness Week (BAW). Through my experience as a personal injury lawyer, I know firsthand the importance of understanding the facts about brain injury. I have created many educational resources about brain injury, including blogs, videos, a FAQ, and a glossary....
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...
Why are Mild Traumatic Brain Injuries Often Missed? [Video]
Mild traumatic brain injuries (mTBI) are often missed by both the injured person and medical practitioners. In the following video, I explain the reasons why mild traumatic brain injury is typically...
What is a Mild Traumatic Brain Injury (mTBI)? [Video]
Brain injuries are classified 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”. It is important to realize, however, that there is nothing “mild” about a traumatic brain...
Life Changes: Living with a Loved One Suffering from an mTBI
Mild traumatic brain injury (mTBI) does not only affect those who suffer the injury. That said, of course the person who is injured will be extremely impacted by the injury; however, it is important to realize that the lives of their close friends and family will also be changed. If you are a loved...
Using the PQRST to Accurately Describe Pain to Your Doctor [Video]
It is very important to effectively describe the pain you feel to your doctor. Without an accurate description, reporting that you are experiencing “pain” will not help the doctor assess your condition. Furthermore, a vague description does not properly convey how your pain is affecting your...
A Silent Epidemic: Minor Traumatic Brain Injury – Science Daily
A recent article in Science Daily outlines a literature review from the Journal of the American Academy of Orthopaedic Surgeons (JAAOS) that focuses on mild traumatic brain injury (mTBI) as a common, but often overlooked, condition. The study was based in the U.S., but I think that Canadians will...
How to Cope with Grief after Brain Injury
Brain injuries, even those classified as “mild” traumatic brain injuries (mTBI), can have significant short and long-term impacts on the injured person’s life and the lives of their loved ones. It is completely normal and healthy to find yourself grieving after you or someone you are close to...
What You Need to Know About Sports-related Injuries: Mild Traumatic Brain Injuries and Concussions
The first thing you need to know is that concussions are mild traumatic brain injuries (mTBI). Do not let the word “mild” fool you; nothing about any brain injury is “mild”. Although motor vehicle accidents and falls are the two main causes of mTBI, sports-related injuries must not be...
Causes and Effects of Acquired Brain Injury [Infographic]
As an invisible condition, so few people are aware of the facts about acquired and traumatic brain injury. We have created this infographic to help highlight some of the causes and effects of this condition. We hope this resource will spark further discussion about this complex...
The Human Brain and Traumatic Brain Injury [Video]
The following video from brainstreams.ca – an online resource for Canadians dealing with brain injuries and their loved ones – is an excellent overview of the importance of brain injury awareness. This brief, 1 minute video teaches us that there are 165 000 brain injuries in Canada every year,...
Preventing Child Injury: National Summer Safety Week
The Canadian Safety Council has designated May 1st – 7th as National Summer Safety Week. It’s the perfect opportunity to strive toward child injury prevention and educate ourselves about safety. The unfortunate reality is that injury is the leading cause of death for children in Canada, with an...
Highway 401 Multi-Vehicle Collision 2013
Last Friday, January 25, 2013, Southern Ontario experienced a multi-vehicle accident on the 401 near Newcastle. As the busiest highway in North America, the 401 can become dangerous in poor weather conditions – such as the snow on Friday afternoon. The high volume of traffic, the slippery road...
The Increasing Relevance of Social Media in FSCO Arbitration
A 2012 appeal decision by the Financial Services Commission of Ontario (FSCO) confirms that Facebook can be damaging to motor vehicle accident insurance claims. This appeal confirms an earlier decision that limited access Facebook photographs are relevant in assessing accident benefits...
B.C. Court Rules that Private Facebook Photos to be Disclosed in Personal Injury Case
The British Columbia Supreme Court declared that Facebook photos of the accident victim vacationing and playing sports must be handed over in order to better evaluate her personal injury claim stemming from a motor vehicle accident. After a 2008 motor vehicle accident in which Tamara Fric sustained...
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...
School Bus Driver that Hits Child is not Found Negligent
As children start heading back to school it is beneficial to reflect on the issue of road safety. While children may act and play as though they are invincible they most certainly are not. Whether children walk to school, get a ride or take the bus there is still a risk. For all parents it...
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...
Critique of Proposed Mandatory Helmet Law
Critics of the proposed mandatory helmet law in Ontario suggest that there may be negative repercussions if the government chooses to adopt it. A report from the Office of Ontario’s Chief Coroner which made recommendations on how to reduce the injuries and fatalities of cyclists has prompted...
Cycling Review Calls for Mandatory Use of Helmets for Cyclists
A report from the Office of Ontario’s Chief Coroner has made recommendations on how to make the roads safer for cyclists. The recommendations include a ‘complete streets’ approach which focuses on the (re)development of communities by taking into account the safety of all road users,...
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...
The Benefits of Having an ‘Umbrella’ Policy in Your Insurance Coverage
When choosing to purchase insurance the option of an ‘umbrella’ policy should be considered. ‘Umbrella’ policies essentially provide extra protection in the event that damages are owed to you due to injuries suffered, such as in a motor vehicle accident. If the at-fault driver does not have...
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...
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...
Winter Tires: Could You Be Found Negligent?
Did you know that in Ontario you could be found negligent if you are in a car accident in the winter time and found to be driving without winter tires? In the province of Quebec it is actually illegal to drive in the winter time without winter tires. Multiple studies have shown the benefits of...
Conflicting Limitation Periods for Car Accident Insurance Claims
The car accident insurance case, Whorpole Estate v. Echelon General Insurance Co., [2011] O. J. No. 1644 (S. C. J.) has brought up the issue of conflicting limitation periods, where more than one limitation period exists and a decision must be made over which applies. In particular, this case shows...
Defining ‘Minor Injury’ in Personal Injury Motor Vehicle Cases
In September 2010, the Ontario Liberal government dramatically reduced the amount of medical and rehabilitation benefits available for injured people. For most Ontario car accident victims, the amount of available rehab money dropped from $100,000 to $3,500 with the introduction of the Minor Injury...
Immediately After a Motor Vehicle Accident
Immediately after a car accident or other motor vehicle accident there are few important things you need to consider: Keep your composure: It is important that you remain calm. Do not argue with other drivers and passengers. Save your story for the police. Do not leave! If you leave the scene of an...
What are No Fault Insurance Benefits?
There is a common misconception that ‘no fault’ insurance means that after a car accident no one is held to be at fault. This is not the case and the expression ‘no fault’ can be somewhat misleading when it comes to injuries resulting after a motor vehicle accident. When someone is involved...
Immediately After a Car Accident
Immediately after a motor vehicle accident, families may often find themselves having difficulties dealing with the sometimes overwhelming emotions they feel for the loved one involved in the car accident. It is at this moment, during the crisis, that things like taking care of making phone...
Facebook, YouTube, Twitter and other Social Networks – Risky Business?
When it comes to companies providing you with insurance, the job of the ‘underwriter’ is to assess the risk you present to the insurance company should they decide to insure you. Things like age, drinking, smoking, medical history, family history of medical issues etc… may be taken into...
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...
Fibromyalgia & Chronic Fatigue Syndrome Disability Claims
Fibromyalgia and Chronic Fatigue Syndrome can be devastating disabilities to experience. Fibromyalgia is a rheumatic disease resulting in a number of symptoms, including pain tender/trigger points, difficulty with sleeping, concentration and a host of other symptoms. Fibromyalgia can affect both...
