Articles Posted in Car Accident

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A traumatic Toronto Car Accident not only has a profound impact on the injured party. It also has a big impact on the family of the injured party and their loved ones. I’ve seen this time and time again as a personal injury lawyer.

The way that car accident law works in Toronto, and for the rest of Ontario, is that family members can be compensated in relation to the accident. But, this compensation does not cover pain and suffering, trauma or mental distress. The law for family members is rather limited. It only covers damages for loss of guidance, care and companionship. Again, don’t confuse this with pain and suffering or emotional distress. This is a common mistake made by accident victims and their family members. I wholeheartedly agree that family members should be compensated for the significant changes which follow after a catastrophic motor vehicle accident.
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I’m sad to report that Goldfinger Injury Lawyers has a file cabinet full of drunk driver cases. That means that despite all of the public service announcements, press releases, and sad stories you see on the 6 o’clock news, people still aren’t getting the message. Drinking and driving kills. Drunk driving accidents have resulted in some of the most serious and catastrophic accidents our law firm has seen. The stories of the accident victims and their families from these car accidents is horrific, and something nobody should have to live through or experience.

One of the most horrific drunk driving accidents Toronto has even seen took place this past month.
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People always ask me: Brian; I’ve been hurt in a car accident and now I can’t work. How am I going to pay my bills? How am I going to get by?

Great questions. Completely legitimate concerns. We here at Goldfinger Injury Lawyers recognize that if you’re name isn’t Sheikh Khalifa bin Zayed al-Nahayan (net worth 15 billion and the world’s wealthiest Sheikh), chances are that money is a big concern following a devastating car accident. HH-SHEIKH-KHALIFA-BIN-ZAYED-AL-NAHYAN.jpg

But first, I’d like to take a moment to recognize all the great emails I’ve been getting from my blog followers. My cousin Natalie formerly of Toronto, now of Florence by way of Los Angeles writes:
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Located on the 7th floor of 361 University Avenue in downtown Toronto, the Estates Court is removed from the fast paced hustle and bustle of the ever busy Superior Court List across the street at 393 University Ave.

It’s not everyday a personal injury lawyer has to attend at Estates Court. There are a lot of differences between the Superior Court where motions in car accident cases are held, and the Estates Court.

For starters, the Estates Court is gorgeous compared to the Courtrooms on the 6th floor at 393 University Avenue. Sorry Masters. There’s actually space for counsel to sit down. Lawyers aren’t piled up on top of one another in a cramped up, windowless courtroom. Lawyers are treated like cattle. Seriously. Don’t believe me? Come by 393 University Ave on the 6th floor and you tell me if it’s as cozy Courtroom you initially pictured in your mind. Did I mention there are no windows?
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Ontario Motorists will want to read this case. Provincial Court Justice Shaun Nakatsuru ruled that it was alright for a motorist to briefly hold their cell phone while driving. The facts of the case are interesting for anyone to read (lawyer or not).

Disclaimer Alert! This article is not intended to be legal advice and I am NOT advocating that you now go around holding your active cell phone while driving. That’s not cool.

Here are the facts of the case:

On April 26, 2010, the accused KHOJASTEH KAZEMI was returning to work from the CAS in Oshawa. She dropped her cell phone in the car while driving home on the DVP. She did not pick up her cell phone while driving on the highway. She arrived at a red light at the corner of Gerrard St. and River St. in Toronto, and proceeded to pick up her cell phone from the floor of the car.

A Toronto Police Office, PC Miller was standing at the corner on traffic duty. He saw Ms. Kazemi reaching down of the floor of her car, and he believed that she was pressing bottons on a cell phone. PC Miller tapped on Ms. Kazemi’s window and saw that she was holding an open Nokia flip phone (do those even exist anymore?). PC Miller gave Ms. Kazemi a ticket under the new provisions of the Highway Traffic Act (ss 78.1) under the distracted driver provisions of the Act.
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The SABS were changed effective September 1, 2010, requiring that in order to recieve Attendant Care Benefits, and injured party must show that the care giver has sustained an economic loss, and that the expense has in fact been an “incurred expense“. That effectively means that if the care provider was unemployed before the accident, they would NOT be entitled to recieve any attendant care benefits, because no economic loss has been sustained.

What this change to the SABS has done, is effectively limited a family member’s ability to collect attendant care benefits, particularly if that family member was unemployed before the car accident, or a stay at home parent. The rationale is that the attendant care provider would have been at home anyways, so why provide them with any benefits.
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99% of motor vehicle cases settle outside of Toronto’s Courtrooms. Just 1% of those cases actually go to trial. Trials have essentially gone the way of the Dodo (pronounced Dough Dough). Have you even heard of the Dodo Bird? Probably not. They’ve been extinct for many years.

There are many reasons for the decrease in the amount of trials. Here are just a few of those reasons:

1. Mediation and other alternative dispute resolution methods have fostered more out of Court settlements.

2. Trials are expensive and very time consuming. Some car accident cases can take months to go through by the time all of the medical evidence is compiled.
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We here at Goldfinger Injury Lawyers are pleased to announce that we are in the midst of compiling the “Goldfinger Guide to Fair Compensation in a Personal Injury Case“. Why?

For starters, my lawyer colleagues who do not practice in the area of personal injury law have been asking me for years to compile such a guide so that they better understand the field of personal injury law. On top of that, accident victims, family members of those involved in personal injury cases have been asking my office for years for such a guide. Well, it’s in the process of being written, and as soon as it’s published we will let you know. If you’d like a free advance copy of the Guide, please contact my law office at 416-730-1777 or info@goldfingerlaw.com. As you can see from the adjacent picture, the Guide will make for great family reading at a park on a sunny Sunday afternoon!
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Brain Injury Claims are the most serious type of personal injury claim. Brain Injury can render a car accident victim with impaired memory, concentration, ability to process information, dizziness, fatigue, speech impairments, blurred vision, depression, ringing in the ears, moodiness, sleep problems, taste problems, anxiety and other cognitive injuries which only the accident victim himself can truly understand and appreciate.

Brain injured accident victims may ot have the same clear tell tale signs of injury symptoms which people who have broken bones in accidents might have. Case in point. If you’ve broken your femur bone (leg) in a car accident, you will be placed in a cast. One you’re in a cast, it will send a clear signal to the rest of the world that you’ve been injured (perhaps in a car accident, boating accident, or slip and fall accident). But there is no such thing for a cast or crutch for a brain injured accident victim. Some brain injured accident victims are physically unimpaired, but mentally, they’re catastrophically injured.
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I’m constantly asked time and time again when the best time is to sue in their personal injury, car accident or brain injury case. The only right answer to any of these questions is to sue in your case before your limitation period expires. That’s legal advice you can bet your house on.

Limitation periods in personal injury cases vary. It doesn’t matter the location of the accident. The laws for limitation periods in injury case are not all the same.
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