Professional Documents
Culture Documents
Injury
Guidebook
Table of Contents
Injured? You Must Take the Following Steps . . . . . . . . . . . 3
Our Promise to Our Clients . . . . . . . . . . . . . . . . . . . . . 4
At Mazin & Associates PC You Can Expect . . . . . . . . . . . . 5
Policy Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Commencing a Court Action . . . . . . . . . . . . . . . . . . . . 7
Time Limits on Claims . . . . . . . . . . . . . . . . . . . . . . . . 8
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Important Links . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
details.
Our Promise
to Our Clients
We will ensure that all steps are taken in order for you to be fairly
compensated for the injuries that you sustained
We will meticulously investigate your accident to properly
determine liability
We will protect you from agreeing to an improvident settlement
We will study every aspect of your case to ensure that it is
accurately evaluated
We will help to coordinate your medical treatment and ensure that
you are getting the treatment you deserve
We will not shy away from taking your case to trial if the insurer is
being unreasonable.
A team
approach
Trustworthiness
Compassion
Experience
Understanding
Tough
negotiators
Open door
policy
Results
Attention
to detail
Practice Areas:
Automobile
Critical Illness
Accidents
Product Liability
Bicycle Accidents
Disability
Boating Accidents
Insurance Claims
Brain Injuries
Life Insurance
Claims
Spinal Cord
Injuries
Medical
Malpractice
Property
Accidents
Nursing Home
Negligence
Pedestrian
Accidents
Motorcycle
Insurance Denials
Accidents
Wrongful Death
Policy Changes
Most people renewing their auto
insurance policy are looking to
save some money today but do
not realize that in the event of
a serious but non-catastrophic
injury, the minor amount of money
that they will save now will cost
them the benefits that they will
desperately need later . If a person
has not paid for optional benefits
coverage, they will only be eligible
for the statutorily mandated
reduced benefits and may suffer
significant hardship obtaining
adequate care and treatment .
What Changed?
On September 1, 2010, a new law
came into effect in Ontario, which
effectively reduced your entitlement
to Accident Benefits . Previously,
non-catastrophic victims of motor
vehicle accidents were entitled
to claim compensation for the
following:
Income replacement at the rate of
80% of their net weekly income, up
to a maximum of $400 .00 per week .
Assistance with housekeeping and
home maintenance tasks, up to a
maximum of $100 .00 per week .
Assistance with care giving
tasks, if the insured person was a
primary caregiver .
Assistance with personal care up
How to Proceed
with a Claim?
Glossary
Accident Benefits
Benefits provided by an injured
victims own Insurance Provider,
regardless of whether the
injured person is at fault for the
accident. Accident Benefits may
include the following benefits:
attendant care, caregiving, funeral
expenses, housekeeping and home
maintenance, income replacement,
lost education expenses, medical,
non-earner and rehabilitation
benefits. A claimants eligibility for
specific benefits depends on the
claimants personal policy coverage.
Activities of Daily Living
A persons everyday ordinary
activities done to care for
themselves, their family and their
household.
Arbitration
A process by which a legal dispute
is decided and a binding decision is
rendered, without having gone to
trial.
Attendant Care
A type of benefit that is paid to
assist the victim of a motor vehicle
accident to accomplish their
Activities of Daily Living, which
the injured person cannot perform
by themselves or has difficulty
performing. The cost of providing
10
Damages
The monetary equivalent of the
losses that the Plaintiff has suffered
as a result of the injuries that he/she
sustained. The losses encompassed
include: pain and suffering, loss
of past and future income, loss
of competitive advantage, loss of
enjoyment of life as well as past
and future costs of care
and rehabilitation.
Deductible
An amount of money that is
expressly set out in an insurance
policy and that the Insurer will not
pay if the claimant claims against
the policy.
Deductible (Statutory)
In lawsuits for personal injuries
sustained in a motor vehicle
accident, a deductible refers to an
amount of money that is mandated
by statute, by which, in some cases,
the damages award may be reduced.
Defendant
The party that is being sued by
the Plaintiff and that is allegedly
responsible for the Plaintiffs
injuries and damages. In motor
vehicle accident cases, most
Defendants are insured and it is
their Insurer that effectively defends
the claim on their behalf.
Disbursements
Plaintiff
Incurred Expense
This is statutorily defined as
requiring the injured person
to pay or promise to pay for
services received and requiring
the service provider to either
perform the services in the course
of employment, occupation or
profession or to prove that they have
suffered an economic loss as a result
of providing the services.
Limitation Period
The statutorily mandated time
period after which a lawsuit can no
longer be commenced. In the case
of most accidents, the limitation
period expires exactly two years
from the date of the accident.
Minor Injury
A statutorily mandated definition
for injuries which include: sprain,
strain, whiplash associated disorder,
contusion, abrasion, laceration or
subluxation and any clinically associated sequelae. An injured person
who is designated to have sustained
a minor injury is only entitled to a
maximum of $3,500.00 for medical
and rehabilitation benefits.
Threshold
The benchmark by which a claim
for personal injuries sustained
in a motor vehicle accident is
evaluated. In order to meet the
threshold, a persons injuries
and/or disfigurement must be
both permanent and serious and
their impairments must be to an
important physical, mental or
psychological function.
Tort
An area of law that involves an
injury or wrong committed by
one party or multiple parties
against another, through their
negligent acts or omissions, which
results in harm. In motor vehicle
accident cases, the Tort must
be distinguished from Accident
Benefits, which are paid to injured
victims regardless of fault.
11
Important Links:
12
Legal
The Canadian Bar Association
www.cba.org/
Law Society of Upper Canada
www.lsuc.on.ca/
Health Canada
www.hc-sc.gc.ca/index-eng.php
Ontario Ministry of Health and Long-term
Care
www.health.gov.on.ca/en/
1.800.432.HURT 416.250.1234
5 Park Home Avenue, Suite 120, Toronto, Ontario M2N 6L4