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Long Term Disability cases are complicated. Most people don’t even know what a Long Term Disability Claim even is. To take it one step further, some people who have Long Term Disability coverage don’t even know that they have it, or which insurance company it’s with, how much coverage they have, or the duration of their coverage.

To be fair, the monthly long term disability amount is normally not a fixed amount, rather it’s a fixed percentage based on your annual salary or income. This fixed percentage/amount is subject to a variety of set offs such as CPP Disability benefits, WSIB Benefits, other collateral income benefits etc. The Long Term Disability Benefit can also be subject to a Cost of Living Allowance (COLA) which would increase the monthly LTD benefit based on a fixed inflation calculation.

In any event, calculating the LTD benefit can be tricky, and can be a mathematical challenge for even the finest actuary.

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Today is Bell Let’s Talk Day! Mental illness is a leading cause of disability in Canada.

For every text, mobile and long distance call, tweet using #BellLetsTalk, Bell Let’s Talk Day video view on social media, use of the Bell Let’s Talk Facebook frame or Snapchat filter, Bell will donate 5¢ to Canadian mental health initiatives.

This is a super fantastic initiative which has helped to raise $86,504,429.05 since September 2010 towards mental health.

But, sometimes it’s not all about the Benjamins. Sometimes, it’s about raising awareness, ending negative stigma, and helping people feel more comfortable in their own skin. Perhaps greater than the money, is the very fact that people are more comfortable joining the conversation and talking about mental illness.

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A costs endorsement in the case of Persampieri v. Hobbs was just released by the Honourable Justice Sanderson after a three week jury trial of a car accident case.

This costs endorsement reflects everything that’s wrong with car accident law in Ontario.

You should know that in jury trials, jury decisions are not reported. Only the Judge’s endorsements/rulings from in-trial motions or costs decisions are reported. It’s through those endorsements/decisions which lawyers and insurers alike can pick up on what happened at trial (unless they are in the Court room to observe the trial as it takes place).

This case encapsulates EVERYTHING that’s wrong with the current state of tort claims for car accidents in Ontario. The system is simply grotesque, and tilted so far towards insurers it acts as a deterrent for innocent accident victims to seek the compensation which they deserve.

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This is Part 1, of our 2 part series on getting to know your Rehab Team following a serious accident in Ontario. We have to do this feature in two parts on account of its length and we didn’t want to miss anybody. The second part will be released next week.

After a serious accident (car or otherwise), you will be exposed to a variety of medical and rehabilitation professionals. Some you will see in hospital or rehab facility. Some you will see at home. Others you will see at their office.

Either way, understand who these medical professionals are, and what their role is will help you better understand the rehabilitation process.

This installment of the Toronto Injury Lawyer Blog will introduce you to your rehabilitation team following a serious accident (catastrophic accident, brain injury, orthopaedic injury etc.).

The reality is that money is often the main driver of most anything in our society. These doctors and rehab professionals do not work for free. Some are paid through the OHIP system. Some are paid by a private health insurer. Some are paid directly by car insurers. Some get funded through crowd sourcing! Some will defer payment and get paid upon settlement. Understanding how these doctors and rehab professionals are financed will help innocent accident victims better understand some of the finer financial aspects of their case. Continue reading →

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Since the Christmas Holiday, our law firm has received dozens of phone calls from prospective clients with respect to their slip or trip and fall cases. The way these accidents occurred all vary. We see a number of snow, ice, slush or general slippery conditions caused by damp condition claims. We also see a variety of pot hole or crack claims. We also see uneven surface or poorly maintained stair claims.

The mechanism of the falls vary, as to the injuries sustained. From ankle fractures, femur fractures, broken arms, broken wrists, separated shoulders, shattered elbows, even broken noses. Ouch!

The reality is that this is now slip and fall season and we handle a lot of these cases around this time of year.

As discussed in a previous Toronto Injury Lawyer Blog post, there are many pit falls for slip and fall cases. The most important which we tried to address was the issue of liability. This is concept of proving negligence (or wrong doing) agains the party you are seeking to sue (normally the property owner, or the company responsible for the maintenance/care of that property).

The thing our lawyers try to hammer home is just because a slip or trip and fall happened, and injuries were sustained, doesn’t necessarily mean that there will be a winning personal injury case there. The Plaintiff needs to establish that the Defendant was negligent (or at fault, or responsible) for said slip and fall accident.

Without establishing liability, there is no case to be had; regardless of how significant the injuries may be.

This is why sometimes in slip and fall cases, the injuries are almost secondary to how the actual slip and fall took place. In certain instances, the parties will AGREE on damages at trial, and argue only on liability.  This is exactly what happened in a case which went all the way to the Ontario Court of Appeal in Kamin v. Kawartha Dairy Ltd. 2006 CanLII 3259 (ON CA).

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Everyone here at Goldfinger Injury Lawyers hopes that you had a safe holiday season, along with a Happy New Year. We also hope you’re doing your best to keep warm, as most parts of Ontario have experienced a deep winter freeze over the past month or so.

We kick off the first post of 2018 in the Toronto Injury Lawyer Blog with an examination of medical marijuana for your personal injury or long term disability case.

We here at Goldfinger Injury Lawyers are going out on a limb and declaring 2018 the year of pot/marijuana. As we get closer to July 1, 2018, we will hear more and more about the legalization of recreational marijuana. It may, or may not be legalized by that time. Justin Trudeau has given mixed signals on when recreational marijuana will be legalized; and the provinces are still working out how it will be dispensed. Ontario is leaning towards an LCBO style model. What model will work best has yet to be seen.

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It’s Winter.

For personal injury lawyers like Brian Goldfinger, that means it’s slip and fall season.

In a cold weather climate like Ontario, our personal injury lawyers get calls from a lot of prospective slip and fall clients.

While every case is different, there are certainly common threads in many winter time slip and fall cases which we would like to share with the readership of the Toronto Injury Lawyer Blog.

Brian Goldfinger and the team at Goldfinger Injury Lawyers will hope this knowledge will better prepare you for handling your slip and fall case, along with the barriers to recovery.

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It’s December 20, 2017. We are in the thick of the Holiday Season. Brian Goldfinger, on behalf of Goldfinger Injury Lawyers PC wants to take this opportunity to wish you and your loved ones a Happy and Safe Holiday Season.

Brian Goldfinger would be lying if he told you that things slow down at Goldfinger Injury Lawyers PC around this time. That’s not a true statement.

We see a lot of insurers and defence lawyers alike looking to close their files. Our law firm also receives a lot of call and inquires through the holidays from prospective clients regarding serious car accident cases, slip and fall cases, motorcycle accidents and long term disability claims.

Just because the Courts close for a few days for the Holidays doesn’t mean that the world of personal injury law slows down. In fact, lots seems to happen for whatever reason one the Holidays. If Brian Goldfinger could give a good explanation as to why this happens, he would.

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This installment of the Toronto Injury Lawyer Blog Post will deal with Brian Goldfinger’s tips on driving in Winter Wonderland.

Now that winter is here (officially), it’s important to get a refresher on how to stay safe when road conditions get hazardous on account of bad weather.

Brian Goldfinger has represented his fair share of personal injury clients who have been involved in serious motor vehicle collisions where winter weather has played a role.

Most car accidents are avoidable” says personal injury lawyer Brian Goldfinger. “Speed and road conditions generally play a role; but so does bad judgment, and having the right equipment on your vehicle”.

Mr. Goldfinger will help the Toronto Injury Lawyer Blog readership in further understanding how to stay safe while driving in winter conditions.

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On December 5, 2017, Ontario Finance Minister Charles Sousa along with Attorney General Yasir Naqvi announced another set of major reforms to car insurance in Ontario. This set of reforms has a grandiose name, much like all of the other reforms which have been introduced in the 14+ years of Wynne rule in Ontario.

The “Fair Auto Insurance Plan” is intended to lower premiums in Ontario, and reduce fraud. Both sound like great things. Haven’t we been trying to reduce premiums over the past 30+ years? In that time period, have your premiums gone down? Have the premiums of your neighbours, friends, family members or loved ones even gone down in the past 5 years? Likely not according to our very informal survey of asking real people if their premiums have gone down.

The Fair Auto Insurance Plan is based on the recommendations from the Marshall Report, created by former head of the WSIB David Marshall. The Toronto Injury Lawyer Blog covered the Marshall Report entitled Fair Accident Benefits, Fairly Delivered in a previous entry here. If you haven’t read up on the Marshall Report, I suggest that you do if you want to better understand what the Liberal Government is hoping to accomplish.

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