Sunday, May 31, 2009

Eight (8) Common Mistakes When Handling Your Own Personal Injury Case - You Need an Ottawa Personal Injury Lawyer - Plant Quinn Thiele LLP

Eight (8) Common Mistakes When Handling Your Own Personal Injury Case - You Need an Ottawa Personal Injury Lawyer - Plant Quinn Thiele LLP

In our experience, these are some of the most common mistakes people make when handling their own personal injury case:

  1. No Preparation: The client does not prepared for their initial meeting with the insurance adjuster. There are many steps to take prior to meeting with the adjuster. For instance: (a) get the facts straight so as to avoid errors in the facts or inconsistent statements; (b) obtain medical evidence, both of the injury and any prior health/injury issues; (c) know your rights and interests and (d) the ground rules for the meeting (Will it be without prejudice? Will you be asked to sign a statement? Will you be asked to sign release forms?).
  2. No Consideration for Being At Fault: If you believe you may be partially at fault for the accident, you must obtain legal advice prior to any meeting with an adjuster. The law of contributory negligence is complex and can greatly reduce your monetary damages. Unless you prepare in advance with legal information you require in order to discuss this issue (with legal advice obtained in advance), you could severely jeopardize your claim.
  3. No Regular Treatment: After an accident, you should consult a physician and continue to see your physician on an ongoing basis. You should receive regular treatment and follow-up so that the full extent of your injury or injuries are known and are treated. If you have ongoing pain, you should consult your physician at least monthly (consult your own physician to determine the frequency of visits needed for your particular injury / injuries).
  4. Treatment by Too Many Physicians: More is not necessarily better. Some people believe that being treated by as many physicians as possible shows great injury and is therefore better than being treated by one or two physicians. In reality, you should be treated by only the physicians that are actually actively treating you for your injuries. The best course is to ensure you have a "family" physician and that you follow the recommendations of your family physician who will likely refer you to the needed medical experts. You should follow the advice of those medical / health experts. The worse thing to do is attend a series of walk-in clinics (with different physicians seeing you each time) who may not keep as concise and comprehensive notes as your family physician might. If you are unable to locate a family physician, select one physician at one walk-in clinic and see only that physician regularly (book your next appointment as you leave with that physician).
  5. Agree to Independent Medical Examinations Without Knowing All the Facts: The insurance companies often use the same physicians to complete independent medical examinations. These are not your physician but specialists hired by the insurance companies. The report from such a specialist may well harm your claim. You will not necessarily know that your case has been jeopardized because the medical report of the specialist will not likely been given to you.
  6. Agree to a Settlement without Legal Advice and/or Settle Prematurely: You agree to settle your case with a reduction for contingencies such as employment insurance, taxes, disability payments, contributory negligence, litigation risks, etc... These reductions, if applicable to your case, can be reviewed by your personal injury lawyer to ensure that they are fair and reasonable, allowed at law or applicable to your case at all.
  7. Agree to take a Occupation Capacity Valuation or a Work Capacity Evaluation Without Knowing All the Facts: These valuations should be completed by a neutral company that specializes in this industry and who does not work exclusively for insurance companies. If properly completed, these valuations can prove your limitations such as inability to work and perform household chores etc.... In many cases, if the insurance company controls the process, you can end up with a bad report and the insurer will insist that you are able to work full time.
  8. Do Not Keep a Journal of Treatment and Symptoms: If you do not maintain a journal of your treatments and symptoms you suffer from, you will likely forget the full extent of how the injuries affected you over time. You should maintain a regular pain journal written each day contemporaneously with your pain and symptoms which journal can be used to refresh your memory.

Call Marc-Nicholas Quinn at Plant Quinn Thiele LLP - Ottawa Personal Injury Lawyers. 613-563-1131.

Saturday, May 30, 2009

Family Mediation - Benefits

There are many benefits in participating in family mediation: Generally, the benefits include: (1) where children are involved, the focus is kept on the best interests of the children at all times - children are the focus by which decisions are made; (b) the ability to resolve the issues directly by the parties as opposed to a Judge who has never met any member of your family and, in the absence of knowing you, must apply general principles of family law to make decisions. In family mediation, the outcome is your decision, not the Court's; (c) You have an opportunity to speak directly to your spouse or other involved person about the issues that concern you, in a safe neutral environment; (d) the mediator can assist you in learning better skills for improved communication and problem solving; (e) family mediation is much less expensive and than going to Court and litigating; and (f) the family mediation process is private. Call Marc-Nicholas Quinn, Ottawa Family Mediator. 613-563-1131. www.ottawamediationservices.com.

Wednesday, May 27, 2009

Ottawa Paramedic Spinathon for Leukodystrophy

Earlier this month, Todd K. Plant was a proud participant and sponsor of the 2009 Professional Paramedic Association of Ottawa Spinathon for Leukodystrophy. What a great cause and a great event. Way to go, Todd! To see Todd in action, go to our "Latest News, Legal Updates" link at www.pqtlaw.com Ottawa Personal Injury Lawyers, 613-563-1131.

Wednesday, May 20, 2009

Parking Lot in Strip Mall Not A "Highway" - Insurer Must Defend

A motor vehicle accident took place in a parking lot of a strip mall. The driver only had a G1 driver's licence and was driving alone. The insurer took the position that it did not have to defend as the driver was in breach of her obligations and the policy. The Court of Appeal in Shah v. Becamon ruled that a parking lot in a strip mall was not a "highway", therefore the driver was not in breach of failing to have a licensed driver accompany her while on a "highway". The insurance company was therefore ordered to defend and indemnify the driver. For a free consultation regarding your motor vehicle case, call Todd K. Plant at 613-563-1131 today. Ottawa Personal Injury Lawyers, www.pqtlaw.com

Monday, May 11, 2009

Title Insurance & Hold Harmless Agreements

Stewart Title entered into a "hold harmless" agreement with a solicitor for claims arising under the policy. However, when litigation ensued, Stewart Title refused to defend the solicitor, taking the position that they would only have to pay an eventual Judgment. The Court in Stewart Title v. Zeppieri found that "hold harmless" means more than merely indemnifying; Stewart Title was obliged to defend as well. At Plant Quinn Thiele LLP, we will hold the insurer to their obligations and obtain remedies from the Court if they won't. For a free consultation, call Todd K. Plant at 613-563-1131. Ottawa Personal Injury Lawyers, http://www.pqtlaw.com/

Sunday, May 3, 2009

ANATOMY OF A CAR CRASH

At Plant Quinn Thiele LLP our lawyers often speak with car accident victims who have little memory of the accident. We often hear "it happened so fast". These same clients often remain unsettled by not having an understanding of the accident when that same accident caused great injury with permanent damage. To that end, we find that it helps victims to understand the great speed of an accident and that there really was little to be done to avoid it. Below is a timeline of the impact of a car accident. For the complete article see the citation at the bottom.

All over in the blink of an eye

This is a reconstruction of a crash involving a stationary Ford Falcon XT sedan being struck in the driver's door by another vehicle travelling at 50 km/h.

One millisecond equals 1/1000th of a second.

0 milliseconds - An external object touches the driver's door.

1 ms - The car's door pressure sensor detects a pressure wave.

2 ms - An acceleration sensor in the C-pillar behind the rear door also detects a crash event.

2.5 ms - A sensor in the car's centre detects crash vibrations.

5 ms - Car's crash computer checks for insignificant crash events, such as a shopping trolley impact or incidental contact. It is still working out the severity of the crash. Door intrusion structure begins to absorb energy.

6.5 ms - Door pressure sensor registers peak pressures.

7 ms - Crash computer confirms a serious crash and calculates its actions.

8 ms - Computer sends a "fire" signal to side airbag. Meanwhile, B-pillar begins to crumple inwards and energy begins to transfer into cross-car load path beneath the occupant.

8.5 ms - Side airbag system fires.

15 ms - Roof begins to absorb part of the impact. Airbag bursts through seat foam and begins to fill.

17 ms - Cross-car load path and structure under rear seat reach maximum load.
Airbag covers occupant's chest and begins to push the shoulder away from impact zone.

20 ms - Door and B-pillar begin to push on front seat. Airbag begins to push occupant's chest away from the impact.

27 ms - Impact velocity has halved from 50 km/h to 23.5 km/h. A "pusher block" in the seat moves occupant's pelvis away from impact zone. Airbag starts controlled deflation.

30 ms - The Falcon has absorbed all crash energy. Airbag remains in place. For a brief moment, occupant experiences maximum force equal to 12 times the force of gravity.

45 ms - Occupant and airbag move together with deforming side structure.

50 ms - Crash computer unlocks car's doors. Passenger safety cell begins to rebound, pushing doors away from occupant.

70 ms - Airbag continues to deflate. Occupant moves back towards middle of car.
Engineers classify crash as "complete".

150-300 ms - Occupant becomes aware of collision.

http://www.drive.com.au/Editorial/ArticleDetail.aspx?ArticleID=56781

Plant Quinn Thiele LLP, Michael K.E. Thiele, Ottawa, Ontario Personal Injury Lawyers

Friday, May 1, 2009

Production of Facebook & MySpace Pages

We have previously blogged on a recent Court decision seting out that information found on a litigant's Facebook page can be ordered to be produced in a civil action. We have followed the legal developments regarding this issue, and can now update our readers. The two very recent decisions of Leduc v. Roman and Kent v. Laverdiere stand for the two following principles: 1) Facebook and MySpace pages will be ordered to be produced if they contain material that has a semblance of relevance to the issues in an action; and 2) the party must list in their affidavit of documents all documents from their Facebook or MySpace sites that relates to any matter in issue in the case. Given the popularity of these social networking sites, we will endeavour to keep you posted regarding further caselaw as it develops. A good rule of thumb would continue to be: Be mindful of what you post on your Facebook or MySpace site; you may have to disclose it, explain it or have it possibly prejudice a future case. For a free consultation regarding your case, kindly contact Todd K. Plant, 613-563-1131,Ottawa Personal Injury Lawyer, Plant Quinn Thiele LLP, www.pqtlaw.com