Following are recent news items related to personal injury law, disability law and other legal and social matters.

Result 11 - 20 of 21

Guelph Man Breaks Down inWife's Wrongful Death Case

A guelph man broke down in tears as he described how his wife had to be taken off life support three weeks after a chiropractic treatment he blames for her death.

Brantford Man Injured on 401 Roll-Over

The Kitchener Waterloo Record
A Brantford man suffered serious but non-life-threatening injuries when the transport truck he was driving rolled over at the Highway 6-401 interchange. Police believe the automobile parts the truck was carrying may have shifted, causing the vehicle to rollover.

Accident Benefits Coverage Changing Sept 1, 2010

The Toronto Star
This article talks about new Accident Benefit Limits and optional coverate that comes in effect on Sept 1, 2010 in Ontario. Given that injuries are reported in 54% of private passenger car accidents covered by auto insurance, you should consider increasing the amount of accident benefits coverage available to you. Drivers who renew their car insurance after Sept. 1 must pay extra to continue to have $100,000 coverage for injuries that are neither minor nor catastrophic, the standard accident benefit amount is being reduced to $50,000 of medical and rehabilitation coverage.

OPP Warns of Email Scam

Kitchener-Waterloo Record
Ontario Provincial Police warn of an email scam where fraudsters hack people's contact list and send emails to all of a person's contacts posing as a friend or family member in urgent need of money due to a car accident or injury. Potential victims receive the email thinking that their friend or relative is in trouble and agree to send them money. The friend or relative is unaware that their account has been used to send out these requests for money to everyone on their contact list, police said.

Texting and Cell Phone Use While Driving will soon be Banned in Ontario

Ontario police will soon have the power to ticket drivers up to $500 for chatting or texting on a hand-held cellphone, but the law will not go into effect until late October at the earliest. The Ministry of Transportation first needs to complete regulations for the "distracted driving" bill, which received third reading in the Ontario Legislature in April.

The Countering Distracted Driving and Promoting Green Transportation Act will ban the use of hand-held wireless devices such as cellphones and Blackberries, while driving. Also banned while driving, is text messaging, sending an e-mail or using an MP3 player, video game, laptop or DVD player.

Drivers can use a cellphone with earpiece or headset that uses voice-dialing. A properly secured GPS system or portable media player that is plugged into a car's sound system will still be permitted. Calls to 911 can be made.

Insurers say no-fault accident benefits are in major need of repair

February 24, 2009 - Canadian Underwriter
Ontario's accident benefit insurance costs are on the rise. This system is a curious hybrid. On the one hand, it is a no-fault system designed to get accident benefits payments to consumers quickly in order to facilitate treatment and a quick recovery. On the other hand, it's a tort system, giving claimants the ability to recover damages for bodily injury through the court system.

"We have the worst of both worlds," observes Don Forgeron, Insurance Bureau of Canada's Ontario vice president. "We don't have a nofault system and we don't have a full tort system: We have both systems, whereas other jurisdictions tend to have one or the other.""

Disabled Taser Victim Describes Police Treatment

Oct 08 2008 - Toronto Star
A 43-year-old disabled man is seeking $9 million in suit, says police officers beat and shocked him. In a lawsuit filed in the Ontario Court of Justice, Lochner claims officers used excessive force when they barged into his bedroom Aug. 11, 2006, and shocked him, at least twice, with a Taser.

Victims claim insurance companies profiting from them

Aug 17 2008 - St. Catharines Standard - Sun Media
Stephen Nelson of Woodstock's mother Glenna Nelson was killed in a 2004 crash on Hwy. 400 near Muskoka when a trucker crashed into the car in which she was travelling with her husband Doug.

To add "insult to injury to injury," the truck driver's insurance company, Zurich, threatened to sue Doug Nelson for damages, according to Nelson's lawyer, Patrick Brown, who is also president of the Ontario Trial Lawyers Association.

The company kept $165,000 in deductibles of the $256,711 total in claims awarded to 11 family members, reducing the family share to $91,711. Nelson was joined by five other loved ones of crash victims Friday in an emotional press conference at the Ontario Bar Association demanding changes to provincial regulations that govern Ontario's insurance industry.

Woman who alleges chiropractic session left her paralyzed files $529M lawsuit

June 14, 2008 - National Post - Canwest News Service
An Alberta woman has launched a $529 Million class-action lawsuit against provincial chiropractors after a neck adjustment allegedly left her paralyzed. Sandra Gay Nette has been paralyzed since Sept. 2007. The lawsuit claims that a chiropractic session damaged both her vertebral arteries, which disrupted blood flow to her brain. On her way home from the chiropractor, Ms. Nette had to pull her car to the side of the road and call for help. She sufferered permanent neurological damage. Ms. Nette is mentally aware, but cannot swallow, speak or breathe on her own.

Ontario Court of Appeal decision upholds $17-million award in personal injury case

Apr. 07 2008 /CNW/ TORONTO

The Ontario Court of Appeal has upheld a 2006 jury verdict which, at the time of trial, was the highest award ever made in a personal injury case in Canadian history. Earl Cherniak and Kirk Stevens of Lerners LLP acted for the plaintiffs on the appeal involving a toddler who fell from a fifth-storey window back in 1997.

"The Court of Appeal rejected any suggestion that brain injury is less serious than other visible injuries," said Kirk Stevens of Lerners. "The Court of Appeal will not interfere with trial level assessments of damage as long as they are supported by the evidence and the trial is fair.""

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