The threat of slip and falls is a common winter-time conversation topic. Trip and falls receive less attention but can be just as dangerous. This article examines the components of a successful trip and fall claim against a city or municipality, as set out in a recent Ontario Superior Court decision.
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Expert assessments by medical and health practitioners play an important role in personal injury law. However, it is not unusual for expert assessments to differ or conflict on certain points. In a recent case, the Ontario Superior Court addressed the issue of how to treat conflicting expert assessments.
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Dog attacks are a common source of personal injury in Canada, especially among children. A recent Canadian study found more children are admitted to hospital because of dog bites than other injury.
1. These injuries are often serious, frequently requiring surgical intervention and/or numerous stitches.
2. There are other costs and consequences as well, including emotional distress and out-of-pocket medical expenses.
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New research shows the effects of traumatic brain injuries among youth are more extensive than previously thought. According to this recent study, nearly 20 percent of Ontario students in Grades 7 through 12 have suffered from some form of traumatic brain injury. The definition includes any students who have either lost consciousness for more than 10 seconds or stayed at a hospital overnight because of head trauma.
Sports are the leading cause of brain injuries among youth, hockey and soccer in particular. Motor vehicle accidents and dangerous property conditions are other common causes. Among adults, motor vehicle and workplace accidents are among the leading causes.
A settlement represents one possible resolution to a legal dispute. In personal injury law, a settlement involves the claimant accepting a final damages sum in compensation for their injuries. Settlements are “full and final”, meaning there cannot be any future requests for any more compensation relating to the same claim.
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The Province of Ontario recently agreed to 19 recommendations prepared by Ontario’s Ombudsman in its recent report on medical fitness and driving. The Ombudsman’s report itself follows from a string of recent deaths involving persons found to have been medically unfit to drive.
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After a motor vehicle accident, an insurer will make a decision whether to pay to repair a damaged vehicle or to write it off and pay a lump sum to its owner. The decision to write off a vehicle is typically made where the cost to repair the vehicle is more than its market value . The market value is calculated to be the amount the car would reasonably have sold for, if it had been sold the day before the accident.
Read MoreDisability insurance is meant to provide peace of mind in case your physical and/or mental health stops you from working. Often employers will purchase disability insurance on behalf of their employees, as part of an employee benefit program. Individuals may on their own purchase disability insurance, as well. In any case, disability insurance is meant as a safety net, to help cover living and general expenses in the event you are unable to earn an income.
Read MoreVoluntary medical and property damage payments are available as a standard or available feature in many insurance policies. They exist to compensate persons who may be injured or have their property damaged as a result of the policy holder’s actions, or who are injured or have their property damaged on the policy holder’s premises.
Read MoreStep and stair injuries are the single largest contributor to fall-related hospitalizations in Canada. The Canadian Mortgage and Housing Corporation cites three main reasons for most falls. These include health factors, behavioural factors and environmental factors like poor lighting and design. Often a step or stair injury may result from a combination of factors.
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