Mazin & Associates PC, Personal Injury Lawyers Guidebook

7/25/2019 Mazin & Associates PC, Personal Injury Lawyers Guidebook

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Partnering with you on

your road to recovery

Our PersonalInjury


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Table of Contents

Injured? You Must ake 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

ime Limits on Claims . . . . . . . . . . . . . . . . . . . . . . . 8

Glossary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Important Links . . . . . . . . . . . . . . . . . . . . . . . . . . . 12


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1. Contact the Police and advise

them of all accident related

details.

2. Write down the namesand contact information of

everyone involved in the

accident and any witnesses;

if you are involved in a motor

vehicle accident, obtain the

insurance information as well

as the drivers licence and

licence plate numbers of all

other involved parties.

3. See your family doctor and

advise them of your injuries.

4. Notify your Accident Benefits

Insurance Provider of your

involvement in a motor vehicle

accident as soon as possible.

5. If you are unable to work or go

to school, notify your employer

or school and advise them of

the reason for your absence.6. Keep track of the names of all

health professionals that you

see in relation to your injuries

from the accident be sure to

also keep track of the dates and

times of your visits.

7. Ensure that caregivers,whether professionals, friends

or family members, record the

time that they spend caring for

you and the activities that they

help you with.

8. Investigate whether you are

eligible for treatment coverage

or disability pay under any

other insurance policies

check with your employer,

your school and/or private

plan providers.

9. Keep the original receipts and

invoices of all of your out-of-

pocket expenses related to your

accident, including payment

for caregiving, medication,

assistive devices, etc.

10. Contact Mazin & AssociatesPC to discuss your legal rights.

Injured? You Must Take theFollowing Steps


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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 isbeing unreasonable.

Our Promiseto Our Clients


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At Mazin & Associates PCyou can expect

AutomobileAccidents

Bicycle Accidents Boating Accidents Brain Injuries Spinal Cord

Injuries

Critical Illness Product Liability Disability

Insurance Claims Life Insurance

Claims Medical

Malpractice Motorcycle

Accidents Nursing Home

Negligence Pedestrian

Accidents

PropertyInsurance Denials

Slip and FallAccidents

Wrongful Death

:

A team

approach

Reliability

Experience

Trustworthiness

Toughnegotiators

Results

Compassion

Understanding

Attentionto detail

Open doorpolicy


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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 costthem 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 obtainingadequate care and treatment.

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 amaximum of $100.00 per week.

Assistance with care giving

tasks, if the insured person was a

primary caregiver.

Assistance with personal care up

How will thisAffect you?As a result of the newchanges in the law, theaverage insurance policy nowentitles the insured to thefollowing reduced benefitsin non-catastrophic injurycases: Income replacement at the

rate of 70% of their grossweekly income, up to amaximum of $400.00 perweek.

Assistance with personalcare up to a maximum of$36,000.00, over a periodof 10 years.

Medical and rehabilitationtreatment up to amaximum of $50,000.00over a period of 10 years,with most whiplash andsprain/strain-type injuriesfalling under the newMinor Injury Guidelineand as such, being entitledto a maximum of only$3,500.00 for treatment.

to a maximum of $72,000.00, over

a period of 10 years.

Medical and rehabilitation

treatment up to a maximum of

$100,000.00, over a period of

10 years.


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Commencing a Court ActionIn most cases, if another person or party is or may be at fault in anaccident, the injured victim of the accident has the right to commencea lawsuit against the at-fault party and recover compensation for thedamages they sustained as a result of their personal injuries.

How to Proceedwith a Claim?

Retain Mazin & Associates PC to

advance your claim. With us onyour side, you will never be alone.

We will provide potentialDefendants with written notice ofyour intention to sue, within theprescribed time limits.

We will commence a lawsuitagainst potential Defendants

within the prescribed time limits. We will fight for the care andcompensation you deserve.

You can claim compensation foryour pain and suffering sustained

as a result of your accident. Inmotor vehicle accident cases,a claim for pain and sufferingmust first meet the thresholdby proving that the injury ordisfigurement that you havesustained is both permanent andserious and that your impairmentsare to important physical, mental

or psychological functions. Insome cases, compensation forpain and suffering may be reducedby a statutory deductible. Inmotor vehicle accident cases,a Plaintiffs claim for pain andsuffering is capped.

You can claim compensation

for your past and future loss ofincome and loss of competitiveadvantage sustained as a result ofyour accident. In most cases youmust first seek compensation forincome loss from any extendedor disability insurance policyunder which you may be covered.

In motor vehicle accident cases,you must also seek compensationfrom your Accident BenefitsInsurer before you can claimcompensation in a lawsuit.

You can claim compensation forthe costs of housekeeping andhome maintenance expensessustained as a result of your

accident. You are only entitled tomake a claim for these costs if youare unable to maintain your homeas you did before your accident.In the case of motor vehicleaccidents, you must first claimthese costs from your AccidentBenefit Insurer, if you have paid for

the optional benefits that wouldentitle you to claim these costs.

You can claim compensation forthe costs of your past and futuremedical and rehabilitation caresustained as a result of youraccident. All expenses that are


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Time Limits on ClaimsIf you are injured, it is importantto keep note of the following timelimits as missing any of thesecould negatively affect the successof your claim and in some cases,may even completely bar you fromobtaining compensation.

If you are injuredin a motor vehicleaccident:1. You must inform your Accident

Benefits Insurance Providerof your involvement in an

accident within 7 days ofthe collision.

2. You must complete yourApplication for AccidentBenefits (OCF-1) within 30days of your involvement ina collision.

3. You must apply for mediation

or arbitration, or sue within 2years of the denial ofany benefit.

4. If you are not at fault in themotor vehicle accident, youmust notify the at-fault driverand any associated parties

not covered by OHIP or by yourAccident Benefits Insurer canbe claimed.

Claims sustained by your family

members as a result of youraccident. Family members canmake claims with respect toloss of your care, guidance andcompanionship. Further, family

within 120 days of the collision.5. If you are not at fault in the

motor vehicle accident and youintend to sue the at-fault driverfor compensation for yourinjuries, you must commence aclaim within 2 years ofthe collision.

6. If there is damage to yourvehicle for which you havenot been compensated andyou intend to sue to recovercompensation, your mustcommence a claim within 1year of the collision.

If you are injuredin a slip and fallincident:1. If you fall on city, town or

provincial property, you mustnotify the appropriate authority

in writing, within 10 days ofyour fall.2. If you intend to sue the city,

town or provincial authority forcompensation for your injuries,you must commence a claimwithin 2 years of the fall.

members can also make claimswith respect to the economicloss that they have sustained andany out-of-pocket expenses that

they have incurred as a result ofthe care that they have providedfor you. Your family membersclaims may be subject to astatutory deductible.


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Glossary

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.

A persons everyday ordinary

activities done to care for

themselves, their family and their

household.

A process by which a legal dispute

is decided and a binding decision is

rendered, without having gone to

trial.

A type of benefit that is paid to

assist the victim of a motor vehicleaccident to accomplish their

Activities of Daily Living, which

the injured person cannot perform

by themselves or has difficulty

performing. Te cost of providing

attendant care may be paid by a

claimants Accident Benefits Insurer

whether the person providing care

is a professional, a friend or a family

member. Restrictions may apply.

A designation made by the AccidentBenefit Insurer for victims of motor

vehicle accidents who have suffered

the most serious types of personal

injuries, specifically: paraplegia,


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leg or impairment causing the total

and permanent loss of the use of

an arm or leg, total loss of vision in

both eyes, injuries resulting in animpairment of 55% or more of the

whole person, brain impairment

measured by a score of 9 or less on

the Glascow Coma Scale, Marked

or Extreme mental or behavioural

impairment, and severe disability

from a brain injury measured using

the Glascow Outcome Scale. Aperson who has been designated

as catastrophically impaired,

becomes entitled to maximum

limits of $1,000,000.00 in medical

and rehabilitation benefits as

well as attendant care benefits,

and housekeeping and home

maintenance benefits are payable

for the remainder of the injured

persons life.

A fee arrangement in which the

lawyer or law firm is paid only if

compensation is obtained. If nodamages are recovered, no monies

are owed to the lawyer or law firm

for their services.

A defence to a claim for personal

injuries that states that if a person

was injured, in part, due to theirown negligence, the injured person

would not be entitled to collect any

or a portion of the damages from

the party that allegedly caused

the accident.

Te monetary equivalent of the

losses that the Plaintiff has suffered

as a result of the injuries that he/she

sustained. Te 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.

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.

()

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.

Te 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.


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Expenses incurred by a lawyer or

a law firm to advance a clients

claim. Tese expenses include:

photocopying, postage, process

server fees, obtaining medical

records, etc.

Tis is statutorily defined as

requiring the injured person

to pay or promise to pay forservices 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.

Te 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.

A statutorily mandated definition

for injuries which include: sprain,

strain, whiplash associated disorder,

contusion, abrasion, laceration or

subluxation and any clinically asso-

ciated 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.

Te party that initiates the lawsuit.

Te 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 animportant physical, mental or

psychological function.

An area of law that involves an

injury or wrong committed by

one party or multiple parties

against another, through theirnegligent acts or omissions, which

results in harm. In motor vehicle

accident cases, the ort must

be distinguished from Accident

Benefits, which are paid to injured

victims regardless of fault.


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5 PARK HOME AVENUE, SUITE 120, TORONTO, ONTARIO M2N 6L4

Important Links:

e Canadian Bar Association

www.cba.org/

Law Society of Upper Canada

www.lsuc.on.ca/

Ministry of the Attorney General

www.attorneygeneral.jus.gov.on.ca/english/

e Ontario Bar Association

www.oba.org/

Canada Pension Plan (CPP)

www.servicecanada.gc.ca/eng/isp/cpp/cpptoc.

shtmlFinancial Services Commission of Ontario

(FSCO)

www.fsco.gov.on.ca/en/Pages/default.aspx

Ontario Health Insurance Plan (OHIP)

www.health.gov.on.ca/en/public/programs/ohip/

Insurance Canada

www.insurance-canada.ca/

Registered Insurance Brokers of Ontariowww.ribo.com/

Workplace Safety and Insurance Board

Appeals Tribunal

www.wsiat.on.ca/english/appeal/

Canadian Medical Association (CMA)

www.cma.ca/

College of Physicians and Surgeons of

Ontario

www.cpso.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/

Ontario Brain Injury Association (OBIA)

www.obia.ca/

Brain Injury Society of Toronto (BIST)

www.bist.ca/

Brain Injury Association of Waterloo-

Wellington

www.biaww.com/

Brain Injury Association of Peel-Haltonwww.biaph.com/

Community Head Injury Resource Services

of Toronto (CHIRS) www.chirs.com/

Toronto Acquired Brain Injury Network

www.abinetwork.ca/

Spinal Cord Injury Ontario

http://www.sciontario.org/

Canadian Spinal Research Organization

(CSRO)www.csro.com/

SCI Action Canada

www.sciactioncanada.ca/

:

North American Chronic Pain Association

of Canada www.chronicpaincanada.com/

e Canadian Pain Society

www.canadianpainsociety.ca

e Arthritis Society

www.arthritis.ca

Brain Injury Association of Waterloo-

Wellington

Brain Injury Association of Peel-Halton

Ontario Brain Injury Association

Sick Kids Hospital

Spinal Cord Injury Ontario

Alzheimers Society of Canada

World Vision

Documents

Mazin & Associates PC, Personal Injury Lawyers Guidebook