Articles Posted in Damages

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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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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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Toronto taxi cab driver Adib Ibrahim has been charged with second degree murder arising from a car accident which took place on May 14, 2012 at King and Jarvis in Toronto.

That day, Ralph Bissonnette, age 28, was riding his long board skate board alongside the cab. Witnesses say that Ibrahim and Bisonnette got into some sort of argument, when Ibrahim swerved his taxi into Bissonette’s path, resulting in Bisonnette getting run over by the rear end wheels.

Bissonnette was taken by ambulance to St. Mike’s Hospital in Toronto where he was pronounced dead. The Highway Traffic Act defines skateboarders as pedestrians.
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It seems as if every criminal lawyer across the City of Toronto has been interviewed about the murder trial of Michael Rafferty. In case you’ve been living under a rock for the past few months, Michael Rafferty was recently found guilty of 1st degree murder, kidnapping and sexual assault on Victoria Stafford of Woodstock Ontario.

So, what does this Toronto Personal Injury Lawyer have to say about this criminal trial? First: thank goodness it’s over. I can’t fathom what the Stafford Family has been going through over the past 3 years. Imagine the pain, anxiety, hate, rage, suffering, and sadness the Stafford family has endured over this period of time. You can’t put it into words.

Secondly: the law really needs to change on the status of warrants in the country. Why you ask?
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99% of personal injury cases in Toronto settle outside of the Courtroom. That means that of all of the personal injury actions started in Toronto, only 1% of them ever go to trial.

So, how do the other 99% of personal injury cases in Toronto get resolved? Some settle at the insurance adjuster level. Others settle between the plaintiff personal injury lawyer in Toronto and the lawyer for the insurance company. This can be done by way of without prejudice settlement proposal or by way of a simple phone call. Other cases might settle with the assistance of a Judge at a Pre-Trial. A Pre-Trial is a without prejudice settlement conference before a Judge, often in chambers so NOT in Courtroom. The Judge will attempt to narrow the issues before the trial, might try to resolve the case, and if the Judge is unable to do so, that Judge may provide his/her opinion about the personal injury case.

In Toronto, mediations are mandatory for all personal injury cases. That means that all car accident cases, slip and fall cases, long term disability cases, https://www.personalinjurylawyertoronto.com/lawyer-attorney-1852946.html, chronic pain cases, spinal cord injury cases, and any other personal injury action started in Toronto will have to be mediated before it can go to trial.
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The amount of money at stake in catastrophic accident benefit claims can be very significant. Millions of dollars can be required for future attendant care benefits, future medical/rehabilitative benefits or otherwise.

An insurance company is under no obligation to lump out your accident benefit claim. If you die in 5 years, then why should an insurer be on the hook for payment of your future benefits today, when you’re not around to use them?

On the other hand, a closed file is a good file for an insurance company. Sometimes, it pays for them to simply pay off a significant portion of the claim to make you go away so they can close their file.

Because there are contingencies for millions of dollars in benefits flowing from the insurance company to the accident victim, the insurance company may insist in putting that money into what’s called a structured settlement.
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People ask me all the time: how do insurance companies put a price tag on my personal injury case? How can they arbitrarily put a price tag on my life; on my income loss; on my pain and suffering!!! I’m getting mad just thinking about this. Who do they think they are!?!?!?

Seems like such a subjective exercise; doesn’t it?

Remain calm my keener friends. There’s some method to the madness which makes up a personal injury law claim.

One thing you need to understand, is that personal injury damages aren’t lumped together into one big pot of stew like you may think. On the contrary, there are many different heads to personal injury law damages. Goldfinger Injury Lawyers knows all about these heads of damages. It’s what we do.
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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 Injury Lawyers 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 Injury Lawyers. What is it you want for Christmas this year?”
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Client after client after client tell me that their personal injury case is worth MILLIONS…No wait…BILLIONS of dollars. The reality is that some cases are worth millions, other cases… well….just aren’t.

The real money in personal injury cases is NOT for pain and suffering. Pain and suffering damages are CAPPED in Canada. You read that right. Pain and suffering damages are CAPPED in Canada. That cap sits at around $310,000-$325,000 or so; depending on inflation and who you ask.

The real money for personal injury cases is in future care costs and loss of income or loss of future earning capacity. This blog entry will examine what it takes to establish a past and future income loss claim.

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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.

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