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What to do after a car accident injury

Next Steps After a Car Accident

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So you’ve been in a car accident — what you do next is crucial. If you’ve been seriously injured, contact us right away. A personal injury lawyer can help you deal with the insurance company in order to ensure that you are treated fairly and get the compensation you deserve.

If you haven’t been injured, what you do next is still very important to help you save time and money. Unfortunately, even most minor car accidents leave your car in an undriveable state. If this is the case for you, you have some control over your situation.

You have the right to choose the towing service that you want to use. Tow companies are required to be upfront with their rates. Your insurance company may be able to provide a list of preferred vehicle repair shops (If after hours or on a weekend, call your insurer’s 24 hour emergency line). After choosing, have your car towed directly to the repair shop if possible — sending it to the tow company’s impound should be a last resort. DO NOT authorize any repairs without approval from your insurance company FIRST. Your insurer will decide whether to repair or replace your vehicle or pay for the damage. 

The Insurance Bureau of Canada has a helpful step by step guide to walk you through the immediate steps to take after an accident. You can find it here.

Once again, if you are injured, ensure you contact a lawyer as soon as possible to help guide you through the steps you should take. Insurance can be tricky and sometimes your coverage isn’t as thorough as you expect. You can contact us at (519) 658-6341 to speak to our experienced personal injury lawyers who will stand up for your rights and give you the help you need to navigate compensation and insurance coverage.

Nursing Home Doctor Covid 19 Canada

Canada Places Last in Long Term Care Home Study

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In a recent study that compares long term care home death rates across the world, Canada has placed last with the worst mortality rate in long term care facilities during the pandemic. While the data is more than a month old, it sheds light on the state of our Canadian Nursing homes.

The great majority of COVID-19 cases and deaths in Canada have been in Ontario, Quebec, British Columbia and Alberta. The province of Nova Scotia also experienced a surge in the number of COVID-19 cases in its long-term care homes. As of May 2, there were 239 cases (25%) among residents in long-term care homes out of a total of 971 confirmed cases of COVID-19 in the province. Out of the 37 recorded deaths in the province, 33 (89%) were of residents in long- term care homes. Including one reported death from a long-term care home resident in Manitoba, at least 2,227 Canadians living in long-term care homes had died thus far (as of May 2) as a result of COVID-19. Compared to the 3,566 deaths reported as of 2nd of May by the Public Health Agency of Canada this corresponded to 62% of all COVID-19 deaths in the country.

These graphs compare data from official sources, comparing the total numbers of deaths linked to COVID-19 and the share of COVID-19 related deaths among care home residents at this time. 

Canada Places Last in Long Term Care Home Study

The same data is presented here using a logarithmic scale, to make the countries with smaller numbers more visible:

Canada Places Last in Long Term Care Home Study

View the study here to see how other countries placed in the findings

If you or someone you love has experienced nursing home neglect or negligence or your feel their illness or death could have been prevented, contact us right away at (519) 658-6341 to find out what next steps you can take. You are not alone in your fight, we are here to help.

Nursing Home Negligence Lawsuit - Hilborn and Konduros Lawyers

Nursing Home Negligence Lawsuits Arising Due to COVID-19

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A number of lawsuits have arisen that call into question how nursing homes have been handling the pandemic and protecting their residents. We are in unprecedented times that are putting more pressure on the facilities but it does not give a pass to care homes to neglect the needs of the elderly that depend on them.

A Toronto-based law firm has filed a $50-million class action lawsuit against Revera Inc. on behalf of two families over the company\’s response to coronavirus. In Quebec, the son of a 94-year-old woman who died of COVID-19 at one of the province\’s hardest-hit facilities has filed a class-action application against the government-run CHSLD Ste-Dorothee. Jean-Pierre Daubois is alleging the Montreal-area long-term care home acted negligently by forcing two employees with COVID-19 symptoms to remain at work, by improperly isolating residents, and by failing to provide protective equipment to employees.

Forest Heights Long-Term Care facility in Kitchener is also owned by Revera which is 100% owned by the federal government. The food is unappetizing  and the facility smells. Recently it has had 45 covid-related deaths. There is room for improvement and it is a shame the federal government has not cleaned up its act. Law suits can help raise standards and quality of care, making life better for all residents.

Another claim, which has not yet been certified as a class action lawsuit by a judge, involves six long-term care facilities, including the Eatonville Care Centre in Etobicoke, Vermont Square in The Annex, and Hawthorne Place Care Centre in North York, which are all operated by Responsive Group Inc. or one of its subsidiary entities. It alleges that the homes did not adequately plan for the virus, did not supply staff and visitors with sufficient personal protective equipment, did not appropriately screen visitors and staff, and did not follow the leadership of public health officials and comply with their guidance and directives.

In addition, a legal battle was recently won by the Ontario Nurses’ Association to force four long-term care homes (some of which are named in the above lawsuit) to immediately fix alleged safety issues for health-care workers where adequate PPE was not being provided. 

These lawsuits are bringing to light the significant gaps in the care system which, when put under pressure, cause unnecessary death and hardship to our most vulnerable. Our system needs immediate improvement to rectify these downfalls and ensure the safety of our elderly population in care homes during this pandemic and in the future.

For any concerns about nursing home negligence, care or if you feel you or your loved ones have experienced neglect, abuse or negligence at the hands of a care facility please contact our experienced lawyers at Hilborn and Konduros in Cambridge. We will stand up for your rights and get you the justice you are entitled to.

Wrongful Dismissal Ontario

Wrongful Dismissal in Ontario – What Comes Next?

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Are you experiencing wrongful dismissal in Ontario? You may be wondering what comes next and what actions to take. We can help you navigate this confusing time.

Losing a job can be stressful, disappointing and frustrating. We depend on our jobs for stability and when there is a sudden change, you may be left wondering if you were treated fairly. Ontario law gives you rights and entitlements but they may not be what you\’re expecting — we can help decipher what actions you can take to exercise your rights and receive what you are entitled to.

In what situation should you hire an employment lawyer?

Here are some circumstances where our attorneys can give valuable advice:

  • You have been dismissed and a termination package was issued to you
  • You were dismissed and were not provided with any notice or compensation
  • You think you may be dismissed from your job in the near future
  • Your work or pay has changed fundamentally without your approval or agreement
  • You are being harassed by your boss, manager, another supervisory worker or colleagues at work
  • You are being treated differently or discriminated against due to your age, race, ethnicity, place of origin, religious beliefs, sexual orientation, illness or disability
  • There are restrictions on what you are allowed to participate in post-employment
Some employers have begun using COVID-19 as a pretext for firing employees and thinning their workforces on the cheap. Remember, if you have never been laid off and there is no contract saying you can be laid off, then a lay off is in law a dismissal and you can treat it as such and sue for damages.  
 
Also, employers use contracts much more commonly these days. If you can, before signing cross out sentences giving the employer the right to terminate you without cause by complying with the Employment Standards Act only.    Such provisions rob you of your more generous entitlement at common law of the right to reasonable notice or pay in lieu thereof.   

If a workplace dispute arises, whether termination, bullying, harassment , discrimination or contractual, it is a good time to consider getting a lawyer on your side. We are here for you, give us a call at (519) 658-6341 to speak with us regarding your unique situation.

Disability and Long Term Benefits Law

Disability Benefits and Your Rights

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Have your disability benefits been cut off or denied? If so, you may have recourse available to you.

If you have been unfairly denied long term disability benefits or they have been wrongfully terminated, you may consider suing the insurance company, plan administrator, or broker to appeal your benefits.

There are a variety of factors that can lead to benefit termination or denial, ranging from simple to complex. If your benefits have been terminated because a form is missing or some information has not been provided, you should contact the insurance company immediately and try to get the paperwork to them as soon as possible.

If your benefits are being terminated because the insurance provider does not believe you are disabled, talk to your doctor. If the doctor believes you\’re disabled according to the required assessment, have them express their opinion in writing to the insurance provider.

In some cases, even though your doctor confirms you are disabled, the insurance provider will still deny or cancel your benefits. You may need to take legal action in this situation to reinstate your LTD benefits.

In the case that you need to take legal action against your insurance company, you have two possible actions you can take — an internal appeal or lawsuit.

Contact our skilled team at Hilborn and Konduros Lawyers in Cambridge to find out what your best course of action will be to have your long term disability benefits reinstated. 

Catastrophic Injury in Ontario: Traumatic Brain Injuries

Catastrophic Injury in Ontario: Traumatic Brain Injuries

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Brain injury is often referred to as \”invisible\” injury. A person who has a brain injury may appear to be \”normal\” to people around them, while the effect of a brain injury may have a catastrophic effect on that person\’s life. Even a so-called \”mild\” traumatic brain injury may have a significant effect on quality of life.

Traumatic Brain Injury (TBI) is damage to the brain caused by a traumatic event such as a blow to the head, a fall, a motor vehicle or sports related injury.

A traumatic brain injury can be caused by a forceful bump, blow, or jolt to the head or body, or from an object that pierces the skull and enters the brain. Not all blows or jolts to the head result in a TBI. 

Some types of TBI can cause temporary problems with normal brain function, including problems with how the person thinks, understands, moves, communicates, and acts. More serious brain and head injuries can cause severe and permanent disability, and even death. 

The types of symptoms from a traumatic brain injury can vary widely but mostly come in the form of symptoms and changes to the following areas: physical function, communication, cognition & thinking, emotions, behaviour & social skills, and daily function.

Some common causes of brain injuries that have legal recourse are:

  • Car accidents
  • Motorcycle accidents
  • Pedestrian-motorist collisions
  • Boating accidents
  • Slip and fall accidents
  • Medical malpractice

What can you do If you have suffered a traumatic brain injury?

All head injuries are serious and are worthy of legal compensation. If someone is injured at the fault of another person, the injured person may be entitled to compensation to return their life as fully as possible to the state in which they would have been in had the negligence not occurred. 

Under the traditional legal system, if a person is hurt by a negligent person, the wrongdoer can be held liable for damages by the judge. The costs will typically be protected by the insurance policy of the wrongdoer up to the amount of the insurance policy limits.

If your head injury is the result of a car accident, in Ontario your own insurance should pay benefits if you are injured, regardless of who was at fault. However, insurance companies will try to minimize the amount of compensation they provide in order to protect their profit margins. This is why it is extremely important to have an experienced legal team on your side. 

Damages are classified in specific groups. The two major categories are \”economic losses\” and \”non-economic losses\”. Non-economic losses are attributed to pain and suffering, loss of functioning and loss of enjoyment of life. 

The other key category of damages, \”economic losses\”, applies to confirmed actual and potential financial losses. Damages usually involve the following:

  • Special damages – out-of-pocket expenses for which you have receipts
  • Past wage loss
  • Future loss of earnings – the present value of the loss of one’s ability to earn income over a lifetime
  • Past and future care – the present value of the expense of all rehabilitation and care over a lifetime
  • Any other losses suffered by the injured person that are directly caused by the incident, including (in Canada) income taxes paid on interest earned on the funds invested for future care

If you have been injured, Hilborn & Konduros has experience in pursuing legal redress for the victims of head injury and are able to access the requisite medical expert opinions in order to properly present your case.

For more information, do not hesitate to call Hilborn & Konduros at (519) 658-6341.