Toronto Injury Lawyer Blog

It's gets really cold and snowy in Toronto, London, Peterborough and other parts of Ontario. That's why so many of us Ontarians flee the cold weather for warmer pastures in the winter.

My wife and I are just like you. We don't like the cold very much so we recently went to Florida to leave for a Caribbean cruise. It was a blast. Editorial note: we were on the largest cruise ship in the word; what a treat! (go during an off season as it was 75-80% full).

We flew in to Miami, stayed with a friend, and he took us to Fort Lauderdale. We were so happy that we wouldn't be rushed to catch our cruise ship straight from the airport. We thought we were being smart. We had plenty of time to pack up our stuff and catch our boat. But enroute to our ship, we were involved in a car accident. Can you believe that! It seems like my work as a Toronto Personal Injury Lawyer at Goldfinger Personal Injury Law just follows me wherever I go!

Continue reading "What to do when your car accident doesn't happen in Toronto Ontario? Where to find the best personal injury lawyer." »

Stop using exclamation marks! I can hear (read) you loud and clear. Yes, I know the Toronto Raptors have now won 2 games in a row. Yes I know they beat Phoenix and Utah on back to back nights. Yes I know that Andrea Bagnani deserves some All Star consideration if he can stay healthy. I can't believe it either. But seriously, we have some more pressing matters to attend to.

Every day, I get calls from prospective clients inquiring about whether or not I can help them with their long term disability claim. I hear the same story. I'm hurt. I can't perform my job. I've applied for Short Term and Long Term Disability Benefits. I've been denied. Now I'm not getting paid and money is running out. I'm scared. I'm worried. I'm in pain and I have no source of income. What can I do?

My advice aside from buying a guaranteed winning lotto ticket is to get a personal injury lawyer. If you're in a non-unionized workplace, or if your long term disability benefits are not governed by your collective agreement, a personal injury lawyer like Brian Goldfinger personal injury lawyer to the stars in Toronto can help.

Continue reading "Help! My long term disability insurance company just doesn't listen!" »

Car insurance is expensive and complicated. It's the last thing people think about when purchasing a new vehicle. It's also the last thing which personal injury lawyers want to write about, and explain to people. I'm asked all the time, why it's necessary to have car insurance if you don't plan in getting to a car accident. Well, nobody plans to get in a car accident, unless you're a fraudster who stages car accidents in Toronto; drive Monster Truck or your name is Evel Knievel.

For starters, having car insurance is the law in Ontario. If you drive a car, truck, van or motorcycle, the Insurance Act requires that you have a valid policy of car insurance. If you're driving a car or motorized vehicle without a valid policy of car insurance, then you're breaking the law and putting yourself at enormus risk. If you're driving with a policy of car insurance which has expired, then you're driving with no insurance.

Continue reading "Why should I bother getting car insurance? Car accident lawyer Toronto" »

Got car insurance: Check
Got a car: Check
Driving the car in Ontario: Check
Seat Belt on: Check
Following the rules of the road: Check
Crash Boom Bang Car Accident resulting in serious personal injuries requiring a personal injury lawyer: Got Goldfinger Personal Injury Law: Check

Alright. So what's next? Let's only focus on the accident benefit part of this claim and NOT the tort part. The tort part is a completely separate process and won't get you immediate money. Accident benefits were designed by the government and insurance companies to get injured accident victims money in their time of need regardless of whose fault the accident was. This is why we pay for insurance right?

Continue reading "FSCO: Ontario's biggest failure for car accident claimants" »

It's the holiday season! Time to get together with family, friends and loved ones and celebrate what matters most.

This holiday season, you'll notice a few changes to the Goldfinger Personal Injury Law website. Number 1: It's got a new look, new content and a new layout. We want to keep things "fresh" for the new year so we can keep up with the latest in personal injury, traumatic brain injury and legal car accident news and developments in Ontario.

Number 2: We also have a new look and a new feel for our blog. Let us know what you think about it.

Diving in to our reader mailbag, I have a question from Brett in Toronto. Brett asks:

"Brian, Merry Christmas to you and the team at Goldfinger Personal Injury Law. What is it you want for Christmas this year?"

Continue reading "Brian Goldfinger's Top 5 Christmas Wishes for Personal Injury Law in Ontario" »

Our office gets a number of calls every week from people wanting to know if they qualify for Long Term Disability ("LTD") benefits; how they can make a claim; or just how their LTD policy works.

This article in intended to give you a bit of help in better understanding the complicated world of Long Term Disability Benefits.

LONG TERM DISABILITY BENEFITS: WHAT ARE THEY?

Long term disability benefits are meant to protect an employee or working person from a loss of income in the event they cannot work by reason of injury, illness or disease. Essentially, if you CANNOT work for a prolonged period of time by virture of accident injury, illness or disease; and you have a LTD policy, you may be eligible to claim Long Term Disability Benefits from your LTD provider/insurance company.

NOT EVERY EMPLOYER OFFERS LTD BENEFITS TO THEIR EMPLOYEES. LTD benefits are a perk of employment. Some employers offer LTD benefits to their employees. Others don't. Check with your employer. If your employer doesn't offer LTD benefits, you may want to take out your own personal LTD policy with an insurance broker. Most brokers will sell individuals policies of LTD insurance. The nice thing about taking out your own personal LTD policy is that you have the freedom to pick the policy which best suits you; your rate of coverage and the policy will follow you from employer to employer in the event that you change jobs. The other nice thing is that by taking out your own LTD policy is that you don't have to be subjected to your employer's LTD policy which might not provide the best level of coverage.

HOW DO I MAKE A CLAIM FOR LONG TERM DISABILITY BENEFITS?

Every company has a different method to make a claim. With some companies, all you need to do is make a call to the insurer and they will send you some paper work to fill out. Other companies expect you to first speak with your employer about making a claim. Other companies may want you to go on-line. My point is that different companies have difference policies and procedures to make a claim; and they will have different forms to complete as well. The forms they ask that you complete are self-explanatory, but can be difficult if English is not your first language. If you need help, get it. Most, if not all insurance companies will want a doctor to complete a disability certificate so they can substantiate the medical reason for which you are unable to return to work. This is completely normal. If your doctor wants money to complete the form, send their bill to the LTD insurer and they will likely pay for it. Failure to complete all the required forms will result in an incomplete LTD application and may delay or jeopardize your claim. Make sure that you've dotted all of your i's and crossed all of your t's. Get that paper work in. It's important to your claim.

HOW DO YOU QUALIFY FOR LONG TERM DISABILITY BENEFITS?

Every policy of LTD insurance will include a definition of disability. In order to quality for LTD benefits, you will need to meet the policy's definition of disabilty. Every defininition of disability is different. I've seen some attrocious policies which state that an insured person will only meet the definition of disability IF they have lost a limb and they can no longer perform the essential functions of ANY occupation. I've seen other definitions of disability which state that you CANNOT be considered disabled by reason of a soft tissue injury, psychological/psychiactric illness, fibromyalgia or chronic pain. The definition of disability all depends on the wording of your policy. The better the policy, the fewer exclusions you will find and the more lenient the definition of disability. The cheaper polices have exclusions for nearly everything under the sun and make it virtually impossible to make a claim, so watch out.

OWN OCCUPATION VS. ANY OCCUPATION: WHAT'S THE DIFFERENCE?

LTD policies make reference to an insured person's ability to work at their "own occupation" AND "any occupation". In some policies, the definition of your ability to work at your "own occupation", changes to "any occupation" after 2 years.

The better policies stick to the "own occupation" rider. The cheaper policies have the "any occupation" riders.

The following example between Biff and Lance will show you the how both riders work; along with the importance of the "own occupation" rider.

Biff and Lance work at the same nickel mine in Sudbury Ontario. Biff and Lance have to load and unload heavy nickel and nickel minning equipment from carts every day. Their work is highly labour intensive and requires a lot of heavy lifting, bending and prolonged standing. Biff and Lance both sustain the exact same back injuries. They are both no longer able to perform their jobs as nickel miners because their doctors tell them that heavy lifting, bending and prolonged standing is out of the question. Biff and Lance both took out their own policies of LTD insurance, since their nickel mine didn't offer this benefit. Biff took out a policy with an "any occupation" rider because the premiums were cheaper. But Lance, being the smarter of the two, took out an LTD policy with an "own occupation" rider. Both Biff and Lance made a claim for LTD benefits. Lance's claim was approved. It was clear to Lance's LTD insurer that he was completely disabled for carrying on work at his "own occupation"; that being one of a nickel miner. Biff's application on the other hand was rejected. Biff's LTD insurer told him that despite the fact that he would be unable to perform his "own occupation" as a coal miner; he would still be able to perform "any occupation"; like that of a telemarketer; work in a toll booth; or work in a call centre. When insurer see an "any occupation" rider, they will try to find ANY job for which you are qualified to work. If you can work at any job; then you won't qualify for LTD benefits. When Biff heard that his claim was rejected, he was demoralized and regretted taking out the cheaper "any occupation" rider. He also regretted paying premiums for all of those years and ending up with NIL; NADA; ZERO; NOTHING. Poor Biff. He got hurt twice. Now he can't collect insurance, earn a living, pay his mortgage or feed his family. I think he needs a lawyer....

WHAT'S THAT WHITE VAN DOING OUTSIDE OF MY HOUSE?

So you've made a claim for LTD insurance. You've submitted all of the forms, your doctors have performed all of the examinations, and best of all; the insurance company has approved your claim and your monthly LTD cheques are rolling in. But ever since the cheques have been coming in, you've noticed a little white van, or a strange looking car parked out on your street with a guy in it who just sits there. He's there when you wake up in the morning at 9AM. He's there when you go to the doctor in the afternoon, and he's there when you eat dinner with your family at night. You also get the strange suspicion that this guy is following you, and taking pictures to boot! If you get that creeping suspicion that there's a guy tailing you; there may very well be.

I want to share a secret with you. Insurance companies are in the business of MAKING MONEY. Lots and lots of MONEY. They like taking your money in premiums; but hate paying it out in benefits. Because when insurers have to cough up money in paid benefits to you; they aren't making as much money as they'd like. So, just because an insurance company has approved your claim and is paying you monhtly benefits; doesn't mean they aren't still skeptical about the legitimacy of their claim. Insurers hire real life private investigators (like you see on the movies) to follow you to make sure in fact that you are disabled. Take poor Lance the nickel miner from my previous example. Remember how he hurt his back and couldn't go to work as a nickel miner? He was getting benefits which made his life financially comfortable. One weekend, Lance's friend Rick invited him to his cottage on the lake. Rick just bought a brand new speed boat for waterskiing. Rick coaxed Lance to waterski. Lance knew that he shouldn't because his back hurt and his doctor told him not to participate in these sort of activities; but who could resist Rick's new speed boat? Lance put on the waterskis and went out on the lake. Sure enough, the private eye retained by the insurer took photos and videos of Lance waterskiing on the lake that day. The private eye gave the pics and video to Lance's insurance company; and guess what; Lance's benefits were cut off right away because they thought he was a faker. The reasoning was that a guy who's back pain was allegedly so bad should not be out waterskiing all day long. It's not my intention to make you paranoid, but don't put it by an insurer to have a private investigator follow you; or even creep on your Facebook profile to find any dirt they can on you. It happens so beware!

There are many other nuances to dealing with long term disability insurance. This article is just a sampler. If every you need any assistance in making an LTD claim, don't hestiate to contact Goldfinger Personal Injury Law. One of our lawyers would be pleased to assist you in making your claim and fighting for your rights. It's what we do and we are proud of it.

In the case of Keam v. Caddey, the Ontario Court of Appeal ordered that the insurance company pay to the Plaintiff $40,000 in ADDITION to damages for pain and suffering because the insurance company REFUSED to participate in the mediation process before the case went to trial. The Insurance Act REQUIRES that parties in a car accident case MEDIATE the disputes before it goes to trial. Our legistlature has also called for Mandatory Mediation in certain provincial jursidictions, like Toronto. The Ontario Court of Appeal found that the insurance company's hard ball tactic of REFUSING to MEDIATE warranted a $40,000 penalty against the insurer.

The Honourable Justice Kathryn Feldman writing for the Ontario Court of Appeal stated "it is this approach that the legislature has disavowed by making mediation mandatory."

My comments about this decision were quoted in the recent edition of the Law Times Journal. The link to the article is:

http://www.lawtimesnews.com/201010187724/Headline-News/Insurer-playing-hardball-scores-hefty-fine

When you think about car insurance, it probably makes you gag or fall asleep Seriously! Who wants to hear about things like deductibles, benefits, premiums or the Insurance Act. It's all a bore.

Our government has made Ontario's Car Insurance so dense, so thick, and so complicated that changes to the Insurance Act aren't even made within the Insurance Act anymore. Instead, they're made into separate "Schedules" which are completely different Acts in and of themselves Genious!

These "Schedules" are called the Statutory Accident Benefits Schedule or SABS for short. There are SABS for accidents on or after January 1, 1994. There are separate SABS for accidents on or after November 1996. There are separate SABS for accidents on or after December 2002. There are separate SABS for accidents on or after September 2010. Get the picture? Now who on earth has the time or the patience to go over this, know where to find the updated SABS or even understands what the SABS are trying to talk about. I can tell you this. They aren't in plain to understand English that's for sure. Try taking them to your local MPP and ask for their help in interpreting them. They'll be as dumbfounded as you. But it's the MPPs and our government who are the architects of the SABS...go figure...

What you should know is that effective September 1, 2010 your car insurance is CHANGING. Whether you asked for it or not from your car insurer, your policy has changed! But how do the changes impact you and why should you care. Well, if you care about money and bang for your buck you will care.

To be blunt, for the same money you used to pay for car insurance, you are now getting HALF of the benefits after the changes. Yes, you heard me right. For the same amount of money you are getting HALF the benefits! Think I'm lying? I'm not.

Example: Under the old standard Ontario Car Insurance policy, you were entitled to up to $100,000 in medical/rehabilitative benefits for your treatment after your run of the mill car accident. These med/rehab benefits are for things like physio, massage, chiropractic care, psych counselling etc. after your car accident. Now under the new regime, for the exact same premium you were paying for the exact same accident, you're only entitled to $50,000 in medical/rehabilitative benefits for a run of the mill car accident. You pay the SAME PREMIUM, but you get HALF the BENEFIT. Does anyone else but me see the problem with this?

Example #2: Under the old car insurance regime, you were entitled to $3,000/month and up to $72,000 over 2 years in attendant care benefits following your run of the mill car accident. Attendant care benefits are paid to those people who take care of an accident victim if they can't take care of themselves because they're too injured following their car accident. Attendant care benefits cover things like cooking, cleaning, personal hygiene etc. on behalf of the accident victim. This is supposed to be paid for by your insurance company. Now under the new insurance regime, Ontario's accident victims are only entitled to $1,500/month and up to $36,000 over 2 years in attendant care benefits following your run of the mill car accident. Again, you're paying the same premium but getting HALF the benefit.

I have a few more examples of how you're paying the same amount in premiums, but getting HALF the benefit for your car insurance, but I don't want to bore you with any more because Ontario's population has shown they are apathetic towards car insurance. It's only when you or a loved one are involved in a car accident that people really take notice of how the system works. Unfortunately, by that time it's generally too late to do anything about it to make sure that you and your loved ones get the benefits which they deserve. These benefits have already been slashed significantly.

I would be remiss if I didn't point out that you can opt in to get more in car insurance benefits to bring your benefits up to the old benefits rates. But with that comes with a price; which likely only the wealthy will be able pay; and which only the well informed will consider purchasing. And what that price is will be set by the car insurance company itself, so we all know what that will mean. You will pay MORE in premiums to get the same benefits you used to.

Ontario has a very complicated accident benefits system for car accidents. Car accident lawyers have to keep up with the changes in the laws, which occur regularly.

If you or a loved one has been hurt or injured in a car accident, you are allowed to claim accident benefits. For some, the most important group of accident benefits are those relating to income, caregiver and non-earner benefits. All of these benefits represent money which is potentially available to you in the event that you are not able to lead a normal life as a result of your car accident.

The thing that insurance companies DO NOT tell you, is that you have the right to chose which benefits you would like. This is called an "election", and there is a special form that you must complete in order to elect one of these three benefits. If you DO NOT elect one of these three benefits, then the insurance company will pick a benefit for you; and it will likely be a benefit which is advantageous for them, and not for you.

The first benefit which you can elect is called an "Income Replacement Benefit" or IRB. An IRB is meant to do exactly what is says it does. It is meant to replace your income in the event that you were earning an income before your car accident. If you did not work or earn an income in the year before your car accident, then there is no point to electing an IRB. You will end up with zero because of the ways the laws are worded for IRBs. In the event that you worked, you may be entitled to 80% of your NET pre-accident income, up to a maximum of $400/week. For many self-employed business owners who report low incomes, it can be difficult to reach this $400/week maximum because their tax returns show that they were earning very little. But for other accident victims with regular and steady paying jobs, proving entitlement to IRBs at the maximum rate is a much different story.

The second income benefit which you can elect is called a "Caregiver" benefit. This is designed for the person who was not working/earning an income before the accident, but who was primarily responsible for the care of another. Accident victims who cared for dependents like young children, the elderly or sick people may be entitled to a caregiver benefit. The caregiver benefit is valued at $250/week, with an additional $50/week for each additional dependent. This benefit can get very high for primary caregivers in large families or who have a lot of dependents. One former client was the primary caregiver for 7 dependents and was collecting; that's $550/week in caregiver benefits. This law certainly recognizes the value of stay-at-home caregivers.

The final income benefit is called a "non-earner-benefit" or NEB. NEBs are for people who were not earning an income before the accident, and who are not primary caregivers for anyone. These benefits are payable if the insured accident victim is disabled from their regular activities of daily living. NEBs are payable at a rate of $185/week, with special rates also available for students.

Whether you earn an income or not; whether you are the primary caregiver or not; Ontario's accident benefits system has some options for you to select.
The problem is knowing which benefit to chose, and how to make that selection. Goldfinger Personal Injury Law has the car accident lawyers who know how to make the best election picks for our clients to ensure they get the most out of their car accident benefits. You can find out more by visiting our website and obtaining a free consultation.

One of the most important things for an accident victim to understand when pursuing their personal injury case is how the laws of damages apply to their individual case. The laws of damages are very important, because at the end of the day, how damages work has a direct impact on how much compensation an accident victim will receive at the conclusion of their personal injury case.

One of the examples that we use to illustrate the importance of how the laws of damages impact personal injury cases, is providing the example of what if Superman were involved in a car accident?

One nice summer day Superman is crossing the street as a pedestrian on his way to the local library. Suddenly and without warning, a drunk truck driver runs a red light and crashes directly into Superman; while Superman is crossing on a green light in between a cross walk. The accident is clearly not Superman's fault.

There is a loud crashing sound at impact as the grill of the truck collides into Superman's body. Smoke flies into the air. But Superman's body doesn't fall back, because Superman has super strength. Superman doesn't even fall to the ground after the collision. Instead, the truck stops in its tracks once it hits Superman, leaving an indent of Superman's body in the front grill of the truck. Superman remains standing, while the truck stops in his path.
Innocent bi-standers stare in shock. They approach Superman to see if he's alright. Superman, being Superman does not even sustain a scratch in the accident. He is completely unharmed.

The police arrive to the accident scene shortly thereafter. They arrest the at-fault drunk driver and put him behind bars. Paramedics tend to Superman, but there is nothing to tend to. Superman, being Superman doesn't need any medical attention. He is perfectly healthy after the accident. Superman co-operates with the police and tells them his version of how the car accident happened. All of the information which Superman provides to police will be used against the drunk driver in the criminal trial against the drunk driver. Superman then leaves the accident scene as if nothing happened.

The next day, Superman consults with a personal injury lawyer about his case. He tells the lawyer that he was crossing the street with a green light in between a cross walk when a drunk driver ran a red light and hit him. Superman is mad because the accident was not at all his fault. Superman is not a greedy person, but given how the accident happened, he feels that he should be compensated.

The personal injury lawyer firstly tells Superman that he's honored and privileged to have him attend at his office, and that he's a big fan of all of his work. The personal injury lawyer then agrees with Superman that the accident was not at all his fault and sympathizes with his frustration. However, the personal injury lawyer then asks Superman what injuries he sustained in the accident. Superman gives the personal injury lawyer a strange stare, because Superman has never known what it's like to be injured. Superman then chuckles: "Injuries? Are you kidding me? I'm Superman for crying out loud! I didn't even sustain a scratch in the accident". The personal injury lawyer tells Superman that he's thankful that Superman was not injured in the accident because then Superman would not be able to do his job of saving the world. But, because Superman was not injured in the accident, there was nothing which the personal injury lawyer could do to help Superman with his case. The personal injury lawyer tells Superman that just because he's been involved in an accident, no matter how bad the accident, regardless if he was 100% not at fault; it does not automatically entitle you to compensation.

The personal injury lawyer then got Superman's autograph to give to his son. He told Superman, that should his condition change and that the experience any sort of pain, trauma, discomfort, anxiety, depression or anything else attributable to the accident, that he should come back to his office to see him again. The Personal Injury Lawyer also told Superman that he had two years from the date of the accident to sue should his condition change.

Superman was thankful for the personal injury lawyer's advice. He left the lawyer's office, and took Lois Lane to the opera later that night. Superman did not have to return to see the personal injury lawyer, because he was completely unharmed.

In Ontario, just because people are injured in car accidents, does not mean they are automatically entitled to compensation. There are tricky laws of damages at play which only a personal injury lawyer can assist you with. Superman did the right thing in consulting with a personal injury lawyer right away after his car accident. The lawyer told Superman that he did not have a case at that point in time. This gave Superman the peace of mind he needed in knowing that his rights were being protected.

If you have been involved in a car accident, or any sort of accident; be like Superman. Consult with a personal injury lawyer right away. But just because you've been involved in that accident, does not automatically entitle you to damages or compensation. Let a personal injury lawyer assess whether or not there is anything there to claim.

Many people who have been hurt or injured in an accident ask me why they should contact a lawyer. What will a lawyer do for me that I cannot do for myself?

The answer is simple. A personal injury lawyer will protect your rights to ensure that your claim is protected and to ensure that you are not taken advantage of by the insurance company opposite your claim.

For many, a traumatic accident such as a high speed car accident or bicycle accident represents the first time that they've experienced dealing with a serious personal injury claim. As a first time accident victim, you will not have any idea where to start.

Who do you contact to claim compensation?

Where do you begin to look for medical attention that goes above and beyond our already strained Health Care system after discharge from hospital? Who is going to pay for all of this treatment and all of my out of pocket expenses?

A personal injury lawyer will have all of these answers for you and more. A personal injury lawyer can find the culprit who caused the accident, correspond with the insurance company so that you don't have to; put you in contact with a network of health care professionals like occupational therapists, physiotherapists, social workers, speech language pathologists, neuro-psychologists, psychiatrists, psychologists and case managers to assist you in recovering all while ensuring that the insurer is paying the bill for your treatment and not you.

Personal injury law is complex and ever changing.

There are a plethora of forms that accident victims are required to complete. These forms need to be submitted by certain deadlines which only a personal injury lawyer will know. Did you know that you have to report a car accident for which you are claiming accident benefits within 10 days of that car accident? Did you know that you have to provide notice in writing to a municipality within 10 days of an accident on municipal property? Did you know that you have to report an accident on an Ontario Highway within 30 days if you allege the accident occurred due to poor roadway conditions? Did you know that you have to apply for Mediation at the Financial Services Commission of Ontario before you can sue for accident benefits? Probably not. Failure to know this information is the difference between a successful personal injury lawsuit and a failed one.

One of the most important reasons to contact a personal injury lawyer is because they are familiar with the delicate dance between accident victim and insurance company. Insurance companies are in the business of assessing risk and processing personal injury claims just like yours. They have thousands of people who are trained to gather information from you and analyze your claim.

Insurance companies will insist on taking a statement from you, meeting with you at your home and getting you to fill out forms which you probably don't even understand. The purpose of this is to minimize their risk and liability and ruin your potentially meritorious claim before it even gets off the ground. The specialists and assessment people which the insurance company will send to meet with you are paid by the insurance company to minimize your claim. These people will omit important information which can be devastating to a personal injury claim.

One of the worst things I've ever seen was a woman who was in a car accident and lost consciousness for 2 minutes following her accident. She sustained a closed head injury. She reported blurred vision, memory loss, a stutter in her speech, headaches, loss of sleep, dizziness, loss of appetite and mood swings. Within a week of her accident she was contacted by her insurance company and she agreed to have a person from the insurance company visit her at her home.
The insurance company failed to mention that the person who was visiting her was an occupational therapist who was going to do an in-home assessment of her needs. The occupational therapist from the insurance company omitted to include any of her head injury symptoms in her report to the insurance company. Later, when these symptoms were reported by the accident victim and her family doctor, the insurer failed to acknowledge that these symptoms even existed because they were omitted in the occupational therapy report prepared by an agent for the insurer.

Later, at trial, on cross examination of the same occupational therapist, she admitted that she did 100% of her work for insurance companies and that she failed to ask the accident victim about any head injury symptoms because she did not think them to be important. How could she possibly think that blurred vision, headaches, dizziness, loss of sleep and mood swings were not important? At trial, the insurer was compelled to pay additional damages to this accident victim for its bad faith claims handling.

Had this accident victim not consulted a personal injury lawyer, she would never have been entitled to any compensation because the insurance company had made every effort possible to conceal all evidence of her accident related impairments.
Finally, there is an old adage saying that a self-represented litigant has a fool for a client. That adage could not be further from the truth, particularly when it comes to personal injury claims. Don't get hurt twice. Know your rights. Find out more by visiting our informational personal injury website.

Social networking sites like Facebook and Myspace have become increasingly popular over the years. People use these website to post information about themselves, post photos, even videos. These websites are intended to be a fun way to network and interact with others.

Accident victims who start legal actions often make claims that their lives have changed since their accident. People complain of constant pain, fatigue, depression, anxiety and being unable to enjoy their activities or their lives like they did before their accident.

Traditionally, insurance companies have requested mountains of documents and medical records to substantiate and confirm the accuracy of an accident victim's personal injury claim. Insurance companies are now starting to look to less traditional avenues to get all the dirt they can on an accident victim's claim.

Insurance companies are now starting to investigate the content of people's Facebook and Myspace pages to confirm the accuracy and verify the credibility of an accident victim's case. If you've been hurt or injured in an accident, it's very important to monitor exactly what content you put on these websites.

Ontario Courts have recently ruled that the content of social networking pages like Facebook and Myspace is relevant in personal injury cases. What that means is when an insurance company finds out that you have a profile on one of these websites; regardless if it's a public profile; or a private profile; it will likely be ordered by the Court that any information, photos and/or videos from these pages be produced to the insurer.

If the accident victims says one thing, but the information, pictures or videos on a social networking site say another; the accident victim will be caught in their lie.

Insurance adjusters are now being trained to search social networking sites to get all the information they can on an accident claimant. All of the information which they can get publicly; or through application to the Court will be used against the accident victim in their case.

What can you do to protect yourself? Well; for starters; don't lie to yourself, the insurer or your lawyer. Take down your Facebook page. Take down your Myspace page. Don't even give the insurer any opportunity to dig for information which can be used against you. If you think you can hide that you have a profile on a social networking page from an insurer; you're wrong. If you lie, you're not only lying to the insurer, your lawyer and yourself; but you're also seriously jeopardizing your case. Insurers can also ask your family at discovery or trial whether or not you have a social networking page like Facebook or Myspace. It's just best you take the page down.

If you have any questions regarding the issues raised in this article, or your would like copies of some Ontario Court decisions where Judges have ordered production of Facebook or Myspace pages to insurers, please contact Brian Goldfinger or Goldfinger Personal Injury Law at 416-730-1777 or 1-877-730-1777 http://www.goldfingerlaw.com/

If you've been hurt or injured in an accident, call Goldfinger Personal Injury Law today for your free consultation. DON'T PAY UNTIL YOUR CASE SETTLES!

THIS ARTICLE IS NOT INTENTED TO BE RELIED UPON AS LEGAL ADVICE; NOR IS IT INTENDED TO CREATE A SOLICITOR-CLIENT RELATIONSHIP.

Ontario Law requires that all car drivers carry valid automobile insurance. After you or a loved one have been involved in a car accident, you are required to report the accident to your insurance company, or to the insurance company of the driver who hit you, in the event that you were not driving at the time of the accident. In the event that you do not report the accident, you will not be entitled to what are called "accident benefits" and it may effect how much money you can recover if you chose to sue the driver who hit you.

After you've reported the accident to the insurance company, they will send you a package of forms. These forms are called "Accident Benefit" forms. These forms can be difficult to understand and to complete, particularly when English is not your first language. If the insurance company does not send you the forms, you can get them online at www.fsco.gov.on.ca.

The form which starts the whole process is called an "OCF-1 Application for Accident Benefits". This is exactly what it says it is. It's an application form for accident benefits. You are required to fill out basic information about your name, age, address, how the accident happened, your injuries, details about your employment, and/or childcare requirements. By filling out this form, you are telling your insurance company that you are claiming accident benefits from them.

Accident benefits are payments made by the your insurance company to cover such things as med/rehab benefits (physio therapy, massage, chiropractor), income replacement benefits to cover a portion of your lost income, caregiver benefits for childcare, housekeeping benefits, your clothes that were damaged in the accident and attendant care benefits. These payments from your insurer are called "accident benefits" and these payments are generally made by your insurer no matter whose fault the accident was. This is why it's called "no fault" insurance.

There are other forms which you will be required to fill out. The insurance company may ask that you employer fill out a form to confirm you income. The insurance company will also ask that your doctor complete a disability certificate to confirm the extent of your injuries. They will also want you to fill out an election form so they know exactly what benefits you are claiming. There is no question that filling out and understanding how all of these forms work is confusing, and it's a lot of paper work. In addition, the forms and insurance laws are constantly changing, making it even more difficult for accident victims to understand how the system works. This is why it's important that you hire an experienced lawyer to help you along the way, to make sure your claim is protected from start to finish.

Brian Goldfinger of Goldfinger Personal Injury Law is a Canadian trained lawyer who practices exclusively on behalf of accident victims. If you have any questions or require assistance, please do not hesitate to contact Brian Goldfinger for your free consultation. We speak your language and we are here to help. www.goldfingerlaw.com 416-730-1777

This article is not meant to be relied on as legal advice, nor does it create a solicitor-client relationship.