PERSONAL INJURY
Guide
David Hollingsworth Personal Injury Lawyer
www.ottawainjury.ca 613-978-9549 The content provided in this guide is for information purposes and not intended, nor should it be considered as legal advice.
TA B L E O F C O N T E N T S Accidents happen suddenly and without warning and the process of recovery can be long and difficult. It is important to remember that you are not alone. Hiring a personal injury lawyer will help to protect your rights, file a claim for rightful compensation and guide you through the process. Most law firms offer a free consultation and often, a lawyer will visit you at your home or in hospital. Most personal injury lawyers will not require you to pay any legal fees or associated expenses until your case has been settled or won
David Hollingsworth
613-978-0549
www.ottawainjury.ca
What to do Immediately After an Accident
5
Motor Vehicle Accidents
8
What am I Entitled to Accident Benefits
9
Making a Claim Against the Other Driver’s Insurance
10
Your Team
12
Other Types of Accidents
13
Critical Time Periods
14
Expenses
14
Meet David Hollingsworth
16
Journal & Incident Report
18
AFTEr ThE ACCidENT
After any accident, your immediate focus needs to be on your physical and emotional well being.
GET MEdiCAL CArE PrOMPTLy Get medical care promptly. Don’t diagnose yourself. Let trained medical professionals diagnose your injuries.
Inform the PolIce Inform the police of the accident and record the attending officer’s name and badge number and ask for a copy of the police report. Tell the police only what you know. Do not speculate. Stick to the facts. An injury is a physically, emotionally and financially stressful time. Determining your rights and obligations after an accident can a confusing and overwhelming process. After any accident, your immediate focus needs to be on your physical and emotional well being, your family, and your friends. If you suffer a serious personal injury there are certain steps you or a family member on your behalf can take to help ensure that you are adequately compensated for and that you are best able to return to the quality of you had before your accident. However, there are some important first steps that must be taken to ensure that matters pertaining to your personal and work life are managed while you are recovering.
613-978-0549
record names Record the names of other drivers involved in the accident, any witnesses and all those directly or indirectly involved in the accident take notes
FirST STEPS
Write down as many notes as you can about the accident. Take pictures with your phone/camera if you can contact your famIly doctor Consider meeting with a personal injury lawyer before you give a statement to your insurance company contact your Insurance comPany Contact your insurance company within 7 days and request accident benefit forms
www.ottawainjury.ca
8 fIle your accIdent BenefIts aPPlIcatIon File your completed accident benefits application within 30 days. rePort Report your personal injury to your employer or school. check for coverage Check for health and injury coverage provided through your employer, health and benefit carrier, credit card company or any other source; keeP records Record the names of all attending healthcare professionals. Keep a detailed record of all your health problems and do not minimize your ailments or pain. keeP receIPts Keep all receipts for related expenses, items lost or broken in the accident- including those incurred by family members helping the accident victim; stay close to famIly Keep family close by and meet with your trusted team of healthcare providers. ask QuestIons Don’t be afraid to ask questions. don’t sIgn anythIng Do not sign anything related to your accident until you have discussed it with an experienced personal injury lawyer
After being in a car accident, motorcycle accident or other motor vehicle accidents, your life is not the same. You now are struggling in many areas of your life. This is where a personal injury lawyer can help get you into seeing the specialists you may need to see, explain the insurance claim process, and work on your lawsuit, while you recover. After a motor vehicle accident, there are 3 immediate questions that must be considered.
accident Benefits – When I get into an accident, how do I make a claim for accident benefits from my own insurance company? liability – is the accident the result of someone else’s negligence? If so, do I have a right to make a claim against that driver’s insurance? damages – When I have been injured in a car accident as a result of someone else’s fault, what can I claim against the other driver’s insurance company and how much am I entitled to?
W h AT A M i ENTiTLEd TO? Depending on the severity of the injury, accident benefits can beavailable to anyone who has been injured in an accident involving a motor . Family members are also entitled to receive accident benefits even if they are not involved in the accident, but they suffer from a mental or psychological condition as a result of the injuries to the family member who was involved inan accident. Regardless of who is at fault in a motor vehicle accident, you may be entitled to certain accident benefits listed at right.
MAKInG A CLAIM AGAInST THE OTHER DRIVER’S InSuRAnCE COMPAnY Medical and Rehabilitation Benefits Attendant Care Benefits income Replacement Benefits Caregiver Benefits Non-earner Benefits Housekeeping/Home Maintenance death and Funeral Benefits Case Manager Services dependent Care Benefits
This type of claim is also known as a tort claim. Any out of pocket expenses you incur as a result of the accident may be recoverable. Keep all receipts and a detailed list (see expense journal p.18 ) of your expenses to give to your lawyer, so they can get you reimbursements. If you are injured in a motor vehicle accident as a result of someone else’s negligence, you may be entitled to compensation from the at-fault party’s insurance for losses including:
•Out of pocket expenses •Economic loses •Loss of past and future economic losses •Housekeeping/ handyperson expenses •Your family’s out of pocket expenses: (hotels, taxi, parking)
•Loss of care guidance and companship •Hospital visits: meals, parking •Ambulance Fees •Medication •Assistive devices (crutches, wheelchairs, damaged clothing)
What if i do not have insurance? if you do not have access to any insurance policy, and none of the vehicles involved in the accident were insured, you can still receive accident benefits from the Motor Vehicle Accident Claims Fund.
What if my accident happened outside of Ontario? different provinces have different insurance schemes to deal with automobile accidents. if you are involved in an accident outside of Ontario, but are insured in Ontario, then you may have an election as to which provincial insurance scheme will apply. A personal injury lawyer will be able to figure out what is best for you and help you make that decision
yOur TEAM
attendant care Benefit Pays for an aide or attendant to look after you if you have been seriously injured in a motor vehicle accident. caregiver Benefit If you are providing full-time care to dependants and can no longer provide that care as the result of an auto accident, you may be eligible for caregiver benefits to reimburse you for your expenses to hire someone to care for your dependants. housekeeping and home maintenance Benefit If you are unable to perform your usual duties due to your injuries, this benefit pays for reasonable and necessary additional expenses for someone to complete your usual duties. death and funeral Benefit If you die as a result of an auto accident, the death benefit provides a lump sum payout to your spouse and your dependant; the funeral benefit provides a lump sum payout to cover the cost of your funeral expenses. dependant care Benefit Pays for additional expenses incurred to care for your dependants if you are employed and are injured in an auto accident.
Over the course of your recovery, you may meet a number of individuals, each with a unique area of expertise and important to your recovery. These professionals work together to help you and your family through these difficult and stressful times to achieve the best recovery possible and help you get your life back, as best as possible. David works closely with your team and will attend meetings to ensure that you are getting the help you need. medical and rehabilitation Benefit Covers the cost of reasonable and necessary medical and rehabilitation expenses (e.g., physiotherapy, prescriptions) that are not covered by OHIP or your disability insurance plan. Income replacement Benefit If you cannot work as the result of an auto accident, you may be eligible for basic weekly income replacement benefits. This benefit commences after one week. non-earner Benefit If, at the time of the accident, you were not working but were enrolled in school or had completed your education during the year prior to the accident and were not employed in a job that reflected your education, you may be entitled to a non-earner benefit. You are only entitled to this benefit if you suffer a complete inability to carry on a normal life and are over 16 years of age.
Doctors Registered Nurses Social Workers Case Managers Physiotherapists Psychologists Family Counsellors Rehabilitation Professionals Insurance Adjusters
OThEr TyPES OF ACCidENTS CriTiCAL TiME PEriOdS SLIP AnD FALL ACCIDEnTS • Trips or slips and falls happen anywhere: sidewalks, shopping malls, stores, restaurants, private property, and office buildings. • There is a legal obligation on property owners to keep sidewalks, store aisles, corridors and other public areas in safe and free of danger. • Take photographs of the accident site. If you are unable to, ask a friend or family member to do so ASAP. The condition of the site will often change and pictures are great evidence. • You should also notify the owner of the property. Owners will often make incident reports, and you should try to obtain a copy. note the name of the person you spoke to, as well as his or her position . • Record the name and contact information of any witnesses. 613-978-0549
www.ottawainjury.ca
The Critical Time Periods for Motor Vehicle Accidents are as Follows:
7
days to contact and inform the accident benefits insurer;
30 120 2 613-978-0549
days to file your completed application for accident benefits;
days to give written notice of your intention to sue the at-fault parties; and
years to commence a lawsuit against an at-fault driver or party. www.ottawainjury.ca www.ottawainjury.ca 613-978-0549
ExPENSES
Hospital visits meals
Any out of pocket expenses you incur as a result of the accident may be recoverable
Visitors expenses hotels taxi
Keep all receipts and a detailed list (see expense journal p. 18 ) of your expenses to give to your lawyer, so they can get you reimbursements. Expenses that are typically covered are:
MEET D AV I D HOLLINGSWORTH
He along with his team will work with you, your family, your medical
parking
professionals and will represent you
Housekeeping expenses
with your insurance company by
Ambulance Fees
speaking on your behalf and filling out your insurance forms.
Medication Assistive Device
The last thing you should be thinking about at this stressful and difficult
Crutches
time is complicated insurance forms
Wheelchairs
and medical reports; you should be
Damaged Clothing
thinking about how best to recover from this very devastating personal injury. After all, your injury can have serious, lifelong consequences that you may not be aware of until the full extent of your injury is known.
LEGAL FEES David understands that your life has just been turned upside down. You are suffering not only emotionally and physically, but probably financially as well. David understands that and takes most cases on a contingency basis; which means that you do not pay him a nickel until you have been paid out by your insurance company. The last thing you need to be worried about right now is money and finances; let David handle that for you.
Maximum financial compensation is often greatly needed and deserved. Let one of the top personal injury lawyers in Ottawa help you and your family; let David Hollingsworth help you.
iNjury iNFOrMATiON DATE AnD TIME OF InJuRY Since 1999, David Hollingsworth has been an Ontario personal injury lawyer working with Goldberg
LOCATIOn – STREET, BuILDInG, SIDEWALK, ETC
Stroud LLP, an Ottawa law firm of 50 years, specializing in helping clients who have suffered a
HOW DID THE InJuRY OCCuR? (events, actions, and conditions that may have contributed to the accident and injury)
personal injury or loved ones of those who have suffered a
Let david hollingsworth due to accidents help you and and other forms your family.
wrongful death
of negligence.
OTHER PERSOn InVOLVED name (first and last) PHOnE nuMBER
You have just been in an accident and your life has now completely changed. David
CAR (license plate number, make, mode)l
recognizes that these are very stressful and difficult times and the only thing you should be worried about is
InSuRAnCE (policy provider, policy number)
your health and recovery. David understands this completely. As your personal injury lawyer, he is there to
ADDRESS (number, street, city, province)
alleviate some of your stress and help guide you through the process.
WITnESS nAME (first and last) PHOnE nuMBER ADDRESS (number, street, city, province)
NOTES
EMERGEnCY AnD HEALTH CARE PROVIDERS
POLICE OFFICER On SCEnE (name and badge number)
HOSPITAL (name and location)
FAMILY DOCTOR (name and phone number)
iNSurANCE iNFOrMATiON
We a r e he r e t o he lp david will meet with you at no charge to discuss your accident and injuries and if you have a potential lawsuit. david understands that this is a tough time and will come and meet with you at your home, hospital, Trauma Centre, or Rehabilitation Centre. david is also pleased to provide his services in French, english or with a team of translators and interpreters he works with you to attend meetings and offer translation.
POLICY PROVIDER POLICY nuMBER ADDRESS (number, street, city, province) WITnESS nAME (first and last) PHOnE nuMBER ADDRESS (number, street, city, province)
david hollingsworth 486 Gladstone Avenue Ottawa, ON CANAdA K1r 5N8 (613) 978-9549