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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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The hottest insurance product on the market over the past 5 years has been critical illness insurance or “CI”. What is critical illness insurance? Basically, it’s a policy of insurance which gives you a lump sum payment in the event you sustain a critical illness such as a heart attack, stroke, cancer, blindness, HIV/AIDS, or other critical illness as defined by your policy.

By taking out a policy of critical illness insurance, you’re betting against your own health. You’re saying: “I know I’m going to get really sick, a heart attack, or a bad disease and I want to be compensated for it“. Many see this as a smart bet given the increased reports of heart attack, cancer and other disease.

But what might seem like a simple concept; I get really sick so I get paid a lump sum from the insurance company; isn’t so simple. These critical illness insurance policies contain tens of dozens of exceptions which make it very difficult to make a successful claim.
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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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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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An article recently caught my eye in the Globe and Mail. It told the story of an Ottawa Pee Wee AA hockey team.

8 of the 17 players on the hockey team were forced to miss games on account of concussion. That sounds bad; doesn’t it? That sounds completely insane! What parent would sign up their kid for a game only to get concussed! How physical are these Pee Wee hockey games anyway?

What sounds even worse is saying that 8 of the 17 players on the Ottawa Pee Wee AA hockey team missed games on account of brain injury.

Make no mistake, a concussion is a brain injury.
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Ontario Minister of Finance Dwight Duncan and Liberal Premier Dalton McGuinty have released the Ontario provincial budget. Ever read a provincial budget? Well, here’s the Ontario 2012 version in all its glory. Long read. Hard to understand. Hard to find what it is you want. LIkely all on purpose so the common person wouldn’t bother going through the thousands and thousands of pages, tables, graphs, pie charts etc.

The budget is full of cuts, proposals to increase revenue, austerity measures, economic forecasts etc. The budget impacts a wide variety of sectors from education, to health, to transportation. Even gambling and liquor sales are covered in the budget.

You might be asking why a Toronto Personal Injury Lawyer is focusing so much on the Ontario provincial budget.
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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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Examination for discovery can make or break an accident victim’s case, so this article is an important read if you have an upcoming examination for discovery in a personal injury case.

What is an examination for discovery? In the United States, they’re referred to as “depositions“. Here they’re referred to as “discoveries”.

Basically, you and your lawyer are asked questions from the opposing lawyer. The questioning takes place at a Court Reporter’s offices, which is essentially a board room. The Court Reporter records everything that’s said during the discovery and makes a record of it. Everything that’s said during the discovery, while on the record, is on the record and will be used against you at trial. If your testimony at trial doesn’t jive with your testimony at trial, the opposing lawyer will try to paint you out to the Court as an unreliable source of information whose testimony cannot be relied upon. What you say at discovery will be held against you. Your words matter, so be mindful of what you say.
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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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Brain injury is serious.

I could end this blog posting there, but you’re probably craving more. I mean, sometimes reading about personal injury law can be so gosh darn enterntaining.

Goldfinger Injury Lawyers gets tons of calls a day from prospective clients. Of all the calls we get; it’s those calls which involve brain injury claims which can be the trickiest to handle.

When you break your leg, or arm in a car accident; you know it’s broken. The x-ray shows it; or the bone might be protruding out of place; or the area that’s been hit might be swollen.
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