Toronto Injury Lawyer Blog

Published on: February 7, 2024

Quick Tips Dealing with your Car Insurer after an Accident in Ontario

It may be your first time being involved in a serious car accident where you have sustained serious injuries. These are not common events. And because these are not common events, few people know exactly what to after the accident, or how to deal with their car insurer.

The purpose of this edition of the Toronto Injury Lawyer Blog is to provide you with quick tips dealing with your Car Insurance Company after a serious collision.

1.You deal with your own car insurer first. Ontario has a no fault system of accident benefits for car accident cases. That means that regardless of fault, the first insurer you will deal with is your own insurer. This seems counter intuitive, but this is how the law works. So, the at fault driver could have been drunk driving, high on drugs, texting on his phone, and ran multiple red lights. It does not matter. The first insurer you will deal with is your own insurer regardless of fault. Weird huh!

2. Watch what you say to the insurance adjuster. When you call most insurers, there is a recorded message saying that the call will be recorded for training and customer service. The call is being recorded so that if you put your foot in your mouth, and say something which is helpful to the insurer, but hurtful to your case; it can and will be used against you moving forward. Many claimants put their feet in their mouths and cause more harm than good in these recorded phone calls with their insurance adjusters. It’s much wiser to let an experienced personal injury lawyer handle it.

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Published on: February 1, 2024

Dog Bites Cases in Ontario: Tricks & Tips

By Goldfinger Injury Lawyers

Dogs can be cute, cuddly and well behaved.

But they can also have behavioural issues, or tendencies, which can make them dangerous.

Our personal injury lawyer have seen some pretty horrific injuries resulting from dog attacks. The injuries can be lifelong and quite devastating. The scars from a dog bite, to a place on the body like the face may require plastic surgery and may leave permanent scars which can’t be hidden. It’s not just the physical injuries we see. After a serious dog attack, the accident victim may get triggered whenever they see, or are in close quarters with a dog. Think about needing to go through life avoiding, or fearing dogs. If you think about it, that’s quite hard to do given the popularity of dogs as pets in Ontario.

If you or a loved one has been bitten or attacked by a dog in Ontario, here are some tips and tricks for building a sustainable lawsuit in order to get you the compensation which you deserve.

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Published on: January 25, 2024

What happens when my personal injury case settles?

By Goldfinger Injury Lawyers

Lots of clients want to know about what the last steps are in a personal injury case when the parties reach an agreement. What happens upon settlement? Does the money magically appear in my bank account? When will I receive my settlement funds? Are the settlement funds taxable? Do I have to go to Court to close my file? Is there any other work required of me for my case once the case has settled?

These are all great questions.

With this edition of the Toronto Injury Lawyer Blog, we hope to answer those “late in the case” questions, and more.

Let’s pretend for a moment that after many years of hard fought litigation; and after many arguments between the lawyers on both sides that everyone seems to agree on a deal in order to get the case settled.

The agreement takes place outside of Court, perhaps moments before trial, or perhaps at mediation or in an exchange of emails between the parties.

What will then take place is an exchange of documents between the lawyers which provide clear terms with respect to the terms of the settlement.

Those documents can take form in something called “Minutes of Settlement“. Or, they can take place through a simple letter or email detailing what has been agreed upon. The purpose of this is to confirm the terms of the deal, so that there are no misunderstandings between the parties.

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Published on: January 18, 2024

The sweet spot for settlement in a personal injury case (Toronto Raptors Edition)

By Goldfinger Injury Lawyers

Yesterday, the Toronto Raptors traded 2x All NBA, 2 x NBA All-Star, 1 x NBA Champion Pascal Siakam to the Pacers for 3 first round draft picks and some players who act as salary filler. Two of the 1st round picks will be late in the first round of the 2024 draft. The 2024 draft is widely viewed a poor draft compared to other years. The third pick will be the Pacer’s 1st round pick in 2026. And, barring injury or a dramatic setback, that pick will be a late round pick as well given that the Pacers are projected to do well.

The haul back for the Raptors is largely underwhelming for a player as talented, dedicated and as accomplished as Pascal Siakam. He is a huge success story for the Toronto Raptor’s scouting and development team. For many Raptor fans, this trade feels like getting 50 cents on a very shinny dollar. There is no way that then Toronto Raptors would attract such a talent still in his prime through free agency. The notion that we are trading him away for little is hard to digest.

But why would the Raptors consider trading away such a talent in the first place?

Good question.

Pascal’s contract with the Raptors is set to expire at the end of this season. The Raptors have tried to extend the contract, without success. Pascal is seeking a “max contract“, and the Raptors are not prepared to pay him those max dollars. So, instead of letting Pascal’s contract expire and receive nothing in exchange, they are trading him away. It’s better than letting him walk away for nothing.

Many NBA teams were not prepared to offer full value for Pascal given that he was under an expiring contract. There was no guarantee that he would re-sign with his new team. The market dictated that they would not pay full price for an expiring asset. This is completely fair, and smart.

But, there had to be a better way. There had to be a way such that the Raptors could get full value for their asset in trading Pascal Siakam. There must have been a sweet spot to pull the trigger on the deal such that the Raptors secured the best possible return for one of the franchise’s best players.

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Published on: January 12, 2024

SLIP AND FALL SEASON IS UPON US!

By Goldfinger Injury Lawyers

It has been snowy.

It has been slushy.

It has been drizzly.

It has been icy.

It has been icky.

It has been yucky.

It has been dreary.

It has been mucky.

How else would you describe slip and fall season? Few people in Ontario describe the weather in January as hot, humid and hazy, with blue skies and plenty of sunshine. It’s quite the opposite. The days are short. It seems like we haven’t seen the sun shine in weeks. It’s cold, damp, slippery, and dark.

Around this time of year, our law firm sees an uptick in slip and fall, and trip and fall cases. That’s not to say that slip and fall cases don’t happen year round. It’s just to say that in the winter months we see a spike in these sort of cases. Justifiably so. There’s no ice and better visibility in the spring and summer months. Ontario in the winter is full of icy, slush and snow related hazards.

In this instalment of the Toronto Injury Lawyer Blog, we would like to examine the critical importance which liability plays for a slip and fall, or a trip and fall case.

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Published on: January 5, 2024

Tips on Being a Personal Injury Client

By Goldfinger Injury Lawyers

A lot of people talk about what it’s like to be a personal injury lawyer, and how the courts work for hearing personal injury cases.

But few explore what it’s like to be a client in a personal injury case; and what to expect, and how to best go through the process. The purpose of today’s instalment of the Toronto Injury Lawyer Blog is to exactly that. It’s our hope that these tips will give you some best practices to make the journey as smooth as possible; and to ensure a positive outcome for your personal injury case.

Tip #1: Lower your expectations. This tip applies both for the duration of your case, and the value of your case. The cold, hard truth is that your case, much like all personal injury cases across Ontario take a very long time to complete. The wheels of justice turn slowly, and personal injury cases are no exception. Insurance companies don’t make a profit throwing money at all cases which cross their desks. They will grind you out and wait you out. But it’s not just insurers which contribute to delays. The Courts aren’t any help either when it comes to personal injury cases. The Courts are under funded, and over worked. They have very limited resources, for a volume of cases which gets bigger and bigger year after year. The Courts are expected to do more work, with less resources. Those limited resources are shifted away from the civil justice system (where personal injury cases are heard), and have been transferred to criminal courts. This is a recipe for disaster when it comes to having a personal injury case heard in a reasonable period of time.

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Published on: December 28, 2023

A Personal Injury Lawyer’s Hopes for the Toronto Raptors in the New Year

By Goldfinger Injury Lawyers

We are soon turning the page on 2023, and heading into 2024.

Not very often does the Toronto Injury Lawyer Blog depart from it’s core topics focused on Personal Injury Law in the Province of Ontario.

But, when we do, we like to discuss the our beloved Toronto Raptors basketball team. This is one of those occasions where we will discuss, in depth, what we hope to see from the Toronto Raptors in the new year.

Let’s put things into context with quick look back on the past 4 years to Toronto Raptors Basketball.

2019/2020: A season from heaven! A championship year. You can’t ask for anything more from a franchise. A dream come true.

2020/21: Defending the championship. They still had a championship glow, despite Kawhi leaving. They had the best record in the NBA when the season was shut down due to COVID. Raptors end up losing in Game 7 to the Celtics in the playoffs in the Bubble. Solid and entertaining season. A season to be proud of and showed the world that they weren’t just all about Kawhi. They were a real team, with a real identity, along with a championship pedigree.

2021/22: Kyle leaves in a sign and trade. Let’s see what a Kyle-less Raptor team looks like. It’s obvious they are putting all of their marbles in the wing position; without a true centre or backup PG. Every player seems to be a 6″9 wing player. That means while every player can hypothetically play every position on the floor, it also means that they can play no position on the floor effectively. There are just 2 competent guards on the team, no reputable back up point guard, no centre, and nobody on the roster can shoot with any real consistency. That means that the floor spacing is poor. Everyone is also defending up, or defending down, meaning everyone is defending out of position. It’s obvious from the start to the end of this season that the roster construction is weird. But, let’s see if this vision 6’9 thing works out, because the front office has a proven track record of success and has earned it.

2022/23 We are going to do the exact same thing as above, but only this time, we’ve added a true centre in Jacob Poeltl. Same thing. Same result. Poor guard play. Poor shooting. Sometimes I just want to get out there and jack up some 3’s for this team.

2023/24 We are going to do the exact same thing as above, but only this time, we have a new coach and a new point guard who has traditionally be a career backup. Same result. Poor guard play. Poor shooting. Sometimes I just ant to get out there and jack up some 3’s for this team.

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Published on: December 21, 2023

Happy Holiday Tips from Goldfinger Injury Lawyers

By Goldfinger Injury Lawyers

Even if you don’t celebrate Christmas, you have to love this time of year. Holiday meals, celebrations, gifts and good vibes galore. That’s what the holidays are about. A bit tone deaf given the political climate? Sure. But the focus of the Toronto Injury Lawyer Blog isn’t politics. Let’s keep that debate out of it and focus on the intention of the Toronto Injury Lawyer Blog which is to educate the public on the ins and outs of personal injury law in Ontario.

The holiday season can get ruined by anyone who makes a bad decision and jeopardizes their life, and the lives of others because they weren’t thinking or showed a wanton disregard for the health and safety of others. Those sort of people exist. You know, the people who make selfish decisions which impact the safety of others. The people who can’t say “no” to the next drink, or are too proud to call a taxi after a few too many drinks.

So, without further ado, here are Goldfinger Injury Lawyers quick hitter tips on how to keep the Holiday Season a safe one. While following these tips can’t guarantee safety, following them certainly can increase the odds of making this holiday season a fun and safe one, as oppose to needing to consult with a personal injury lawyer on account of a serious accident resulting in injury.

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Published on: December 13, 2023

Qualifying for Long Term Disability vs. Qualifying for Canada Pension Plan Disability

By Goldfinger Injury Lawyers

Long Term Disability Law can be rather complicated.

It’s complicated because Long Term Disability is based in contract, and every contract is different.

For many people, understanding the words and concepts contained in these long term disability contracts is hard to grasp, and confusing. I can’t say that I blame them.

Take a dog bite case for example. If a dog attacks you, and causes injury to you, then the owner of the dog ought to be held responsible for your injuries and losses.

Long Term Disability cases don’t work that way. Simply because you are disabled, or unable to return to work, does not necessarily mean that you are entitled to long term disability benefits.

And, even if you are eligible for long term disability benefits, the quantum of that benefit, along with the payment duration will be in question as well.

There are a lot of fluctuating variables when assessing and quantifying a long term disability case. We call these moving targets. Those targets don’t move as often, or as frequently, with a straight tort claim, like a dog bite case, as they do with a long term disability claim.

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Published on: December 6, 2023

Long Term Disability Cases in Ontario: The Math Matters!

By Goldfinger Injury Lawyers

Long Term Disability cases are unique in the world of personal injury law. For starters, they are contract cases (the policy of insurance). Every other case in the world of personal injury law is built on tort law. A dog bite, a slip and fall, a car accident case, an assault case, a product liability case. None of these cases are built on contracts. They are built on tort law. Yet, long term disability cases are predicated on the existence of a policy of insurance, and the wording contained therein.

The wording of those long term disability contracts isn’t written by your personal injury lawyer. Nor is it written by the claimant.

Rather, the wording contained in those long term disability policies is prepared by the long term disability companies themselves.

You would be naive to think that they are worded in such a way as to favour the long term disability claimant, as oppose to the long term disability insurer. Quite the contrary. Every word contained in those policies is there for a reason. The words are there to limit the insurer’s exposure and to maximize their recovery. The policies are drafted in such a way as to offer the least amount of money by way of benefits; while recovering the most amount in premiums.

That makes business sense. If you were running a long term disability insurance company, you would want to maximize your returns as well. A mantra of take in more than what you payout in claims leads to profits, which sits at the core to the existence of any for profit business. Insurance companies are in the business of making money. They are not charities.

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