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Sexual assault cases are tricky.

Not because the sexual assault itself didn’t happen.

Not because the Plaintiff hasn’t been very seriously hurt and seriously impacted by the sexual assault.

Sexual assault cases are tricky because they can take so much out of the Plaintiff him/herself.

For starters, it’s really hard to step forward, and to take that first step in reporting the sexual assault. That takes serious strength and courage to do. Many victims of sexual assault don’t step forward at all. Or if they do, it takes years and years for them to gather the strength and courage to do so. It’s hard to put yourself out there, and be vulnerable.

That’s why when someone takes the brave step of reaching out and calling our law firm to report and wanting to pursue a sexual assault case, we know that this decision was not made lightly. It may have taken hours, days or perhaps years for that person to make the call to one of our lawyers. Continue reading →

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The entire field of personal injury law is rather effective at making sure that accident victims aren’t unjustly enriched by the benefits or moneys which they receive in their case.

Cases have been fought all the way to the Supreme Court of Canada to make sure that innocent accident victims aren’t getting their cake, and eating it too.

Insurance companies will fight tooth and nail to make sure that Plaintiffs don’t double dip.

It can be hard for innocent accident victims to understand that laws against double dipping exist. Many think that legal remedies are an all you can eat buffet. Unfortunately for Plaintiffs, they are not.

The laws surrounding remedies, damages and set offs exist because at law, an accident victim is not allowed to be put in a better position post accident, than they were pre-accident. The laws surrounding compensation exist to make a person whole again; and not to put them in a better position than they were pre-accident.

The accident should not be seen as a monetary windfall for the Plaintiff. It should be seen as a means to an end to make them whole for their past losses, and those losses moving forward.

Certainly, an insurer will have a more conservative valuation of what those losses are. While a Plaintiff will have a more aggressive valuation. Where that number lies is often somewhere in the middle. But, it’s important to state that a Plaintiff can only be awarded what’s recoverable at law.

Many clients want to see the Defendant suffer. They want to see the Defendant go to jail, or become their butler until the end of time as compensation for their damages. Plaintiffs want to own the Defendant’s home, all of their prized possessions, and receive a public apology in four national newspapers. The law just doesn’t work this way. A Judge cannot sent a Defendant to jail in a civil personal injury case. The only thing that the Judge can do is order the Defendant pay the Plaintiff compensation within the framework of the law.

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When I first started the Toronto Injury Lawyer Blog, I often ended each entry with a short blurb about my favourite sports team; the Toronto Raptors.

I’ve been a Toronto Raptors fan since Day 1. I was an NBA basketball fan long before the Raptors came to Toronto, so convincing me to root for the Raptors was an easy sell.

I remember the nay sayers when we drafted Damon Stoudamire as the franchise’s first ever draft pick. The rise, and fall of Vince Carter (along with his graduation ceremony on the same day as a Game #7 playoff game vs. Allen Iverson). I remember the promise of so many failed draft picks and free agent signings: Michael Bradley, Yogi Stewart, Rafael Aruajo, Aleksandar Radojević, Rasul Butler, Hedo Turkoglu, and my all time favourite: Uros Slokar.

I was there for what I believe was the most poorly attended game in Raptor history: vs. the Charlotte Bobcats back when the Bobcats wore those ugly orange uniforms on a Tuesday night of a heavy snowstorm. I think Gerald Henderson went off that night.

I was there when Joey Graham was promised to be the “next great guy” because he had a remarkable NBA physique. Those “next great guys” came and went. From Jamario Moon to Sonny Weems, to the Slovenian Gangster Primoz Brezec, just to name a few. Continue reading →

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One of my young personal injury lawyers and I had a chat following an Examination for Discovery. He was quite surprised by the tone which the lawyers for the insurance company took with our client. The lawyers were mean, nasty, rude, snarky and did not give our client the benefit of the doubt.

Would that lawyer speak in that rude of a tone to a stranger? Nope.

Would that lawyer speak that way in a regular world setting outside of the law? Nope.

If that lawyer spoke that way in his/her everyday life, would they have any friends? Nope.

So it begs the question: why are lawyers so stern and mean, particularly during the discovery process?

There are many answers to this question.

Continue reading →

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The purpose of this instalment of the Toronto Injury Lawyer Blog is not about settling a personal injury case fast.

Rather, it’s about what money can be claimed, and recovered relatively quickly, after an innocent accident victim cannot return to work and earn an income after a serious accident.

Getting paid benefits quickly to supplement one’s lost income, because one cannot work after a serious accident is a very common concern for clients. Legitimately so. A Plaintiff goes from earning a gainful income one day; to being disabled and unable to do so the next.  The bill collectors don’t care that you’ve been involved in a serious accident. All that they care about is that their bills get paid.

It’s our hope that this instalment of the Toronto Injury Lawyer Blog gives you some insight on sources to claim benefits in order to make ends meet.

Before we examine those sources, here are a few practical tips to claiming benefits:

Continue reading →

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Recently, Goldfinger Injury Lawyers received 2 very positive reviews from clients who we served.

Client #1: 5 Stars 100% I would recommend them! After contacting 7 different law firms in London, regarding my very complex injury, Brian accepted the challenge and took on my case! He was very easy to work with and always quick to respond! He got me the very best settlement he could have, and I am very grateful for his help. He was always very professional and explained everything in detail so that I would understand. I will definitely use him again if I ever require an injury lawyer!

Client #2 : 5 Stars From the first phone call to the settlement day both Brian and Natalia were always there for me to answer all my questions, to up date me on how the malfunction case is going and explained how everything is with cases like mine is going to be done. From September ‘22 is when Brian took my case to March 20th ‘23 when he send me the settlement documents, he worked fast and got me settlement amount that I’m very happy with! If you want to be part of a winning team at Goldfinger Injury Lawyers please don’t waste your time looking for another law firm, at Goldfinger Injury Lawyers they will get the job done the right way without wasting any of your time. Good lawyers, good caring people and very kind lawyer Mr. Goldfinger is! Thank you for everything you done for me!

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Nobody wants to be in an accident.

Nobody wants to slip and fall and get injured.

But if you are going to slip and fall, and get injured; believe it or not, there are some better places to slip and fall vs. some worse places to slip and fall.

And where a Plaintiff slipped and fell can spell the difference between a simple case vs. a complex case; or an easier case to advance vs. a more difficult case to advance.

A Plaintiff has no control over when, where and how they fall. But the location of the fall is more often than not the difference between cases which can be resolved quickly and quietly outside of Court vs. slip and fall cases which get tied up in years before the Courts which are more difficult and complicated.

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Finding a personal injury lawyer who is knowledgeable, kind, sympathetic, and who will fight hard for you is important.

A good personal injury lawyer will listen, and give you advice to hopefully put you in a better position to move forward.

But, a personal injury lawyer doesn’t live with you.

A personal injury lawyer isn’t there when you go and see the doctor, to tell him/her what’s wrong with you. Nor can a personal injury lawyer force you to see your doctor. Nor can a personal injury lawyer call in a prescription medication on your behalf, attend at the pharmacy to pick it up, and force you to take said medication.

Everyday everyone makes decisions. Some decisions are complicated legal decisions. But other decisions are daily care and everyday decisions which cannot be delegated to another person unless you are a minor or a person who the Court has deemed to be under a disability.

Some decisions are helpful for a personal injury case like making the decision to take your prescription medication, as directed by your doctor; attending at medical appointments and therapy appointments.

Other decisions are hurtful to a personal injury case like not taking your prescription medication, as directed; and skipping out of medical or treatment appointments. Other bad decisions for a personal injury case may include doing things that your doctor said you should not be doing (like bungee jumping after a serious accident, taking a long flight or going on a long vacation without asking your doctor if that’s a wise thing to do).

Continue reading →

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This is an example of how governments with the best intentions can still screw things up.

It’s quite noble for the federal government to want to help people with disabilities make ends meet. Get people with disabilities more money in their pockets so that they can pay their bills, live independently, and with dignity.

So, the Federal Government unanimously passed Bill C-22 “An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act”. Yes, that is the full legal name of the Bill because legislators and lawyers tend to get oh so creative and descriptive when naming a new Bill!

The Bill does not go into specifics about how much people would receive. Nor does it go into specifics about how you would qualify for the benefit.

But it does detail that if you qualify for assistance, you would receive money in the form of a disability benefit.

People should know that receiving money, from any source has consequences. There are never “no strings attached”; especially when receiving money from the Government.

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People get really confused about what to do when they sustain an injury in the workplace.

The first reaction for a person who gets injured while on the job is that they want to sue their employer, and everyone else under the sun for what happened to them.

This is a normal reaction and a normal train of thought. It would only seem logical and oh so simple that the injured worker sue his/her employer and anyone else responsible for their work related injuries.

Unfortunately, personal injury law in Ontario is far from logical and far from simple.

You see, because the injury took place in course or work, the employee must take a long hard look at whether or not s/he has to go through WSIB.

But what does going through WSIB have to do with suing for a personal injury case?

WSIB has everything to do with suing for a personal injury case; and here’s why.

You cannot both sue for your personal injuries, and claim WSIB benefits.

Well; if an injured worker cannot sue, and cannot claim WSIB benefits; then why can’t the injured worker just choose one path?

Because the law, in most cases; does NOT allow the injured party to chose. In the vast majority of cases; the injured worker MUST go through WSIB and cannot sue at all! Even if the employer was insanely negligent. I’m talking like sweat shop like labour conditions with zero protective gear and malfunctioning equipment which has been neglected for decades; the injured worker still CANNOT sue their employer if they are covered by WSIB.

If an injured worker tries to sue instead of having claimed WSIB benefits, their case will be kicked out of Court.

If an injured worker sues having not liked the amount of WSIB benefits they received; or having received not enough in WSIB benefits; their case will be kicked out of Court.

Continue reading →

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