Articles Posted in Damages

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And now a letter from the Toronto Injury Lawyer Blog Newsbag. It’s from James in London, Ontario. James asks:

“Hey Goldfinger. Love the Blog. Long time reader, first time inquirer. I gotta know your take on the Zimmerman case. Not guilty? Also, do you think the Toronto Blue Jays are gonna make the World Series? Let me know.”

Thanks for your email James.

The George Zimmerman trial had legs. It was followed by all major news outlets. Even though the trial took place miles and miles away, it was headline news here in Ontario. The case had all sorts of undertones: race, human rights, the right to bear arms, the right to self defence, age, profiling, community safety, intent to harm vs. intent to protect.
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What does it take to be an expert injury lawyer? Many lawyers claim to be experts, but very few are. Many lawyers claim to have the experience, know how, savoir fair and the resources to maximize the recovery for your case, but how can you trust these claims?

The reason for this topic in my Toronto Injury Law Blog Post this week, is because I was recently retained by 6 new clients whose files were all in the hands of self professed “expert lawyers“, and they were completely unsatisfied by the level of service and results attained to that point in the case. Upon reviewing the file, it was clear to me that limitation periods had been missed, benefits which should have been claimed were ignored, and clients were not getting the medical benefits or medical treatment they so desperately needed. It was clear to me, and to the lawyers at my law firm that these “self-claimed experts” did not know what they were doing. It was as if it was the first time they had handled a personal injury case in Ontario. I couldn’t believe my eyes. I felt shock, anger, and sympathy for my clients all at the same time. You try that. It’s a whirlwind of emotion.
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If you’ve been hurt or injured in a car accident, wouldn’t it be nice to recover $5,000,000 or $10,000,000 or even $50,000,000 for your injuries? The answer to that is a resounding “YES” from accident victims and injury lawyers alike. This would be amazing!

Unfortunately, the laws for damages in Canada, and in Ontario don’t make it very easy for you to recover damages in the tens of millions of dollars.

But Brian, how can you put a limit on my pain and suffering after a car accident? I’m really hurt, and my life has been a nightmare.

The Supreme Court of Canada, in a trilogy of 3 cases has but a cap on the limits for pain and suffering at around $310,000-$322,000 (depending on inflation rates). So, the most money a Court could award you following your car accident case for your pain and suffering is limited to around $322,000. This max only goes to the most seriously injured of persons who are taking the most serious of pain medications, anti inflammatory medication and who are receiving the very best in treatment.
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Note: The opinions expressed in this Toronto Injury Lawyer Blog post exclude the Blue Jays, Rock, and Argonauts. It’s mainly limited to the Maple Leafs, TFC and the Raptors.

Ever notice how utterly crappy Toronto pro sports franchises are? When’s the last time Toronto had a major sports title? The Jays won a World Series Championship back in 1993. We hope they’re grab another one very soon with a fresh looking team.

I use words like brain injured; train wreck and car crash (which are synonymous with personal injury law) to describe the professional Toronto sports scene because it’s exactly that.

The Leafs haven’t won a championship since 1967. The year the Leafs last won the Cup, the NHL only had 6 teams!!! That means they had a 1 in 6 chance of winning it from the very beginning. I like those odds. The following season, the NHL expanded to 12 teams, and so began the catastrophic car accident that was, and now is the Toronto Maple Leafs.
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Last year around this time, I gave our Toronto Personal Injury Law Dot Com Blog readers a series of 5 tips for staying safe around the holiday season. That instalment was such a huge success, and got such great feedback, that we’ve decided to hit you again with another series of holiday tips for staying safe around the Holiday Season.

So, without any further adue, here are the Goldfinger Injury Lawyers Top 5 tips for staying safe for the Holiday Season:
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I can’t begin to tell you the number of calls I get from prospective clients telling me how hurt they are as a result of a car accident, slip and fall, or other traumatic accident; only to find out that their accident happened like a DECADE AGO!

I ask them whether or not they started a claim. They tell me no.

I ask them whether or not they had a personal injury lawyer before calling Goldfinger Injury Lawyers. Some tell me that they tried finding a lawyer but nobody would take their case, or that all of the lawyers they spoke to wanted a big upfront monetary retainer. Others tell me that they never thought of looking for a lawyer. When questioned why they didn’t think of finding a lawyer sooner, they tell me that didn’t think that the passage of a long period of time (like over 2 years) was a big deal; and that any lawyer could help them out of this mess.
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As a personal injury lawyer, I get calls all the time from people insisting….swearing….preaching….advocating…yelling at me that they have an AMAZING case that’s so clear cut, only a foolish lawyer would turn the case down.

I often get these sort of calls on long term disabilty cases, and critical illness insurance cases. In case you don’t know, long term disability insurance (LTD) and crintical illness insurance (CI) are both products which you can purchase on your own from a broker, or are benefits through your employer which are to protect you in the event you can no longer work at your own occupation; or in the event you’ve sustained a critical illness such as cancer, or a heart attack. In the case of long term disability insurance, you will recieve a monthly premium which can reflect 75% of your net pre-disability earnings (a monthly benefit). In the case of critical illness insurance, you can recieve a lump sum of up to $1,000,000 depending on how your policy is structured. But, let’s continue on with the stories of those phone calls from people swearing to me that their case is a SURE BET.
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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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Let me set the record straight. I’m no conspiracy theorist. But some things make me wonder. The recent release of the confidential Hillsborough Disaster papers is one of those things that makes me mad, and re-inforces my passion as a personal injury lawyer.

Let me give you some background.

In the 60’s hippies and protesters used to have a slogan “Don’t trust anyone over 30“. The slogan highlighted the generational gap, and the ideological differences between parents, grandparents and their children. For me, this sort of slogan drove home the point not top trust our leaders, or those who control the reigns of power. At that time, the younger hippies and protesters weren’t in any sort of positon of power or great wealth. Rather, they felt that their elders (those over 30) held those positons of power, authority and wealth. They felt the socio-political system in which they were operating was tilted to serve the interests of the older generation and not the new generation. This reached its climax with the Vietnam War.
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Here’s the short answer to that question: Yes you are required to attend a medical examination with a doctor or sometimes doctors hired and paid for by the insurance company for the purposes of your personal injury case.

But, Brian, what gives the insurance company the power to have me attend such an examination? I don’t want to see some quack doctor I’ve never met. I’m not comfortable disclosing to this doctor (who is a complete stranger) my pre-accident medical history and all of my accident related impairments. It all sounds creepy to me.

I agree.

But, Ontario’s Courts have provisions giving the Defendant Insurance company the right to have you attend such an examination where your health is an issue in your case (such as a car accident case or a brain injury case)
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