Car Accident - What does "No-Fault" - "Accident Benefits" mean?

What Does "No-Fault" - "Accident Benefits" mean?

If you have been injured in a motor vehicle accident in Ontario, the Insurance Act of Ontario provides details as to what compensation you are entitled to receive. They are called "No-Fault" benefits, often also referred to "accident benefits". A person injured as a result of a car accident in Ontario is entitled, regardless of who’s fault the accident is, to claim these benefits, usually from their own motor vehicle insurer. The "No-Fault" benefits are set out in regulations passed under the Ontario Insurance Act. If you did not have motor vehicle / car insurance at the time of the accident, the Ontario Insurance Act provides a series of priority rules to follow in assessing who is responsible for paying your benefits. You are, however, entitled to receive benefits.

The rules governing the benefits are extremely complicated. Benefits include income replacement benefits, medical expenses, travel expenses, physiotherapy costs, other treatment expenses, rehabilitation costs, caregiver expenses, housekeeping expenses, etc...

In order to claim benefits, you must report the accident to your insurer and complete and submit certain forms within a specific time-period. If you fail to report the accident to your insurer, you may lose your right to receive benefits.

What is important to know is that "No-Fault" benefits do not cover damages for pain & suffering. In order to receive pain and suffering damages, you should consult with a personal injury lawyer who can discuss with you how to advance a "tort" claim, which is a claim seeking compensation for pain and suffering, which claim is advanced against the persons who are at fault for the accident.

There are strict limits on who can advance a claim successfully. Specifically, an injured person must meet a certain "threshold" of injury. The injury must be "serious and permanent" in order to meet the threshold. The threshold is subject to judicial interpretation, changes and is defined by the Courts. In order to determine if your injuries meet the "threshold", you should consult with a personal injury lawyer.

Call us at 613-563-1131 for a free consultation. Marc-Nicholas Quinn, Ottawa Car Accident Lawyer. Www.PQTlaw.com.

When to settle your personal injury case - Ottawa Injury Lawyers - PQTLaw.com

Most clients ask us when they can expect their case to settle. The answer to this question depends on many factors. However, the primary factor is what personal injury lawyers sometimes call "crystalization of injury". This is the period in time when we receive a medical opinion from your treating physician which provides that your injuries will not get any better or any worse and usually means that you have recovered as best as can from the injury. The term is sometimes also called "maximum medical recovery" or "MMR". Once it is determined that you have reached this medical stage, we can work with you to prepare a comprehensive settlement proposal and approach the insurance adjuster or opposing counsel in a attempt to settle your case. To learn more about issues like this visit us at www.pqtlaw.com. Marc-Nicholas Quinn, Ottawa Personal Injury Lawyer. 613-563-1131.

SHIFTING MAINTENANCE OBLIGATIONS TO TENANT

Residential Landlord and Tenant Law in Ontario, including under the current Residential Tenancies Act, has long held that a landlord is responsible for maintaining a property notwithstanding any lease terms to the contrary. The law provides that a term of a lease that is contrary to the provisions of the Residential Tenancies Act is void. In a legally significant development, the Ontario Superior of Court of Justice has held that a landlord may require a tenant, in a lease with that tenant, to maintain the property with respect to snow clearing and that such a clause is not void as against the provisions of the Tenant Protection Act (predecessor to Residential Tenancies Act) which places the maintenance burden on the landlord. The application of the principle of this case will be interesting to follow with respect to more general maintenance requirements within residential apartments. Is this the beginning of residential landlords being able to shift the burden of property maintenance to tenants as a condition of leasing to them? See Montgomery v. Van 2009 CarswellOnt 182. Michael K.E. Thiele, Ottawa Personal Injury Lawyers

ACCESS TO JUSTICE AND CONTINGENCY FEES

Michael Thiele is today celebrating his 12th year of being called to the Bar of Ontario.  It has been 12 very good years of helping clients fight their cases and obtaining justice for them. Upon being being asked how access to justice has changed over that time Mr. Thiele noted that contingency fees--no fee until you win or settle-- as offered by Plant Quinn Thiele LLP were not actually a permitted practice in Ontario in 1997.  The change in the law allows Plant Quinn Thiele's personal injury client's  to pursue cases even though they do not have the money for litigation expenses. Plant Quinn Thiele LLP assumes the risk of those costs for the client and only gets reimbursed from a settlement or judgment.  This change in the law is a tremendous increase in access to justice for clients of Plant Quinn Thiele LLP.  Ottawa Personal Injury Lawyers-Plant Quinn Thiele LLP-- www.pqtlaw.com

PLANT QUINN THIELE LLP Ottawa Personal Injury Lawyers EXPANDING DOG ATTACK LIABILITY

PLANT QUINN THIELE LLP EXPANDING DOG ATTACK LIABILITY

Mr. Mikolaj Grodzki, counsel at Plant Quinn Thiele LLP, while prosecuting a dog bite case successfully attributed liability to a corporate landlord for failing to supervise and control a vicious dog belonging to a tenant in its building. Expanding the liability for this dog attack was especially important because the dog owner was judgment proof and uninsured. Successfully attributing liability to the landlord gave Mr. Grodzki’s client much needed and deserved compensation. Ottawa Personal Injury Lawyers - Plant Quinn Thiele LLP – http://www.pqtlaw.com/