Ontario Personal Injury Damages

“Damages” in a personal injury case refers to the amount of money you receive for your case. The articles in this section of the website provide information about the different types of compensation that may be available in your Ontario accident claim.

From Frustration and Worry to Satisfaction and Peace of Mind

How hiring a personal injury lawyer to handle your accident claim will radically change your post-accident experience

If you are like most accident victims, your life has been chaos since you were hurt:

  • You are in pain
  • You are rushing to medical appointments
  • Your insurance company is demanding forms and information
  • Your family is left to pick up the slack

Hiring the experienced personal injury lawyers at Auger Hollingsworth to represent you will immediately and permanently reduce or eliminate these problems. Here’s how we do it:

  1. Our lawyers take over dealing with all insurance issues. No more calls or forms!
  2. Our lawyers make sure you are getting the rehab you need and deserve.
  3. Our lawyers can help you and your family to set up the support you need to make life as normal as possible

If this sounds good to you, call our office today at 613-233-4529 and starting getting the help you need.

In an Eastern Ontario motor vehicle accident how am I compensated if I need to be retrained for work?

If you are a victim of an Eastern Ontario motor vehicle accident and you are left unable to perform your work duties, you may need retraining or modified tasks in your job.  Any time your livelihood is impacted by an accident, you should look to a personal injury lawyer for advice. The Ottawa personal injury lawyers at Brenda Hollingsworth’s office often get asked what compensation accident victims have when they cannot return to work.

After an Eastern Ontario personal injury where retraining is required, you may have funding under the Ottawa no-fault benefits.  These benefits are also called SABS, ABs or Statutory Accident Benefits.   Retraining can involve working with a vocational rehabilitation therapist, an occupational therapist and several other health care professionals.

When your career is jeopardized and results in a loss of income,  you may also be able to claim the loss of income in a law suit against the at-fault driver, provided that you can provide adequate proof of the loss and job path.  An experienced personal injury lawyer knows how to build the income loss portion of your case.

Kurt Stoodley and Brenda Hollingsworth talk about income loss and Ontario accident compensation when a victim needs retraining for work.

For more information you can also request a copy of our book Injured Victim’s Guide to Fair Compensation.

If you have been left unable to perform work duties due to an Eastern Ontario motor vehicle accident and want to have your case evaluated by a personal injury lawyer contact the Ottawa personal injury lawyers at Brenda Hollingsworth’s office at 1-888-574-4529 for a free consultation.



Winchester Car Accident Hospitalizes Two Men

Two drivers were hospitalized after a morning car accident on April 11, 2013 at about 6 a.m.  The accident happened on Highway 31, south of Winchester, between county roads 38 and 43.

News reports indicate that both drivers were trapped in their vehicles and that both had serious injuries.

The two drivers, both in their 20’s, were reported to have suffered head injuries, among other injuries.

The Winchester car accident was described as a head on collision between a pick up truck and a mini van.

Next Step After the Winchester CarAccident

If you or your loved one was involved in a head on collision like the April 11th accident, there are important steps you should take to protect your legal rights.

  • Contact your own auto insurance company and request the forms for the statutory accident benefits.  These benefits will assist you with the expenses while you are in hospital.  They also provide income replacement benefits and other significant funding.
  • Keep track of all of your expenses (receipts, etc.)
  • Speak to an experienced personal injury lawyer BEFORE you speak to a representative of the other insurance company.  At Brenda Hollingsworth Personal Injury Lawyers we provide a NO OBLIGATION, FREE consulation before you speak to the adjuster.

Please feel free to call at 613 860-4529.  We would be pleased to provide our advice.

Fatal Car Accident near Carleton Place

A fatal car accident near Carleton Place on March 28, 2013 at 8:45 pm has claimed two lives.

The Beckwith Township accident took place on Old Richmond Road near Crooked Side Road.  The collision involved a pick up truck and a small sedan.  Tragically, two occupants of the sedan, both in their very early 20s, died at the scene.

A 21 year old passenger in the sedan has serious orthopedic injuries as well as head injuries.

Several of the occupants of the pick up truck are also seriously injured.

This is a devastating start to the Easter weekend for all families involved.

What are your options after a serious car accident?

Everyone involved in this heartbreaking accident near Carleton Place should consult with a personal injury lawyer.   The questions you should ask the lawyer are:

  • Am I entitled to accident benefits and what will they cover?  Most people in Ontario are entitled to coverage for medical and rehabilitation needs and income replacement if they have been injured in a car accident.  This is true regardless of who caused the accident.
  • Do I have a claim for pain and suffering, loss of income and future care costs? Passengers of either vehicle, as well as the driver who is not at fault for the accident, may have a claim against the at fault driver’s insurance company.  An experienced personal injury lawyer can tell you what your rights are and explain the likelihood of success in a claim for compensation.
  • Is there compensation for the families of the young people who died in the accident? There are death benefits, including help with funeral costs,  available through the accident benefits in most situations.  It is also possible to bring a claim for the loss of care, guidance and companionship of your loved one.  A personal injury lawyer can help you determine what your options are. 

Brenda Hollingsworth helps families after serious tragedies like Thursday’s accident in Carleton Place.  We will come to the hospital or your home to answer your questions, with no obligation at all.  Call Brenda at 613 233-4529 or on her cell at 613 851-4529. 

Serious Ottawa Car Accident After Winter Storm

A tragic fatal car accident on the 401 near Prescott killed a 57 year old man this week, according to the Ottawa Citizen.   Early reports indicate that the severe winter weather is to blame for the motor vehicle accident which also injured other people.

 What Happens when Weather Causes an Accident?

The truth is that weather itself is rarely considered the official cause of a collision, although it is frequently cited as a factor in an Ottawa car accident.  Driver error in light of the weather, improperly cleared roads and / or mechanical malfunction are far more likely to be the true causes  of serious winter Ottawa car accidents.

What If I am injured in an Ottawa car accident in a snow storm?

Regardless of who or what caused the Ottawa car accident, you will be able to access the statutory accident benefits.  These are the no fault benefits that are available to virtually everyone after an accident, including drivers, passengers, pedestrians and even those rugged winter cyclists if they have an accident involving a motor vehicle.  The statutory accident benefits also include certain death benefits in the unfortunate situation where the accident is fatal.

If you are not at fault in the accident, you may also have a claim against the driver who was at fault.  In certain winter situations, there can also be a claim against the government responsible for clearing the roads if road conditions played a part in the accident and if the roads were not cleared to the appropriate standard.

Speak to an Ottawa personal injury lawyer as soon as possible after a winter storm accident to get the information you need to determine if you have a claim for damages (compensation).  Our Ottawa personal injury lawyers are available at 613 860-4529.  We offer free no-obligation consultations in our convenient barrier-free Ottawa office.  If you prefer to meet by telephone, we offer that option as well.




How to Prepare for a Defence Medical Assessment or an Insurer’s Exam

Here are four easy steps to help you get a fair medical assessment by doctors hired by an insurance company in your Ottawa accident case.


  • Be very clear during the medical assessment about what your pain is in terms of how you describe it to the medical assessor. Use words like sharp, throbbing, dull, aching, constant, intermittent etc.  Think about how you are going to explain what aggravates your pain and what soothes it.  Organizing your thoughts and how you will express yourself before the examination is important.
  • Relatedly, if you are used to being asked to rate your pain on the pain scale (i.e. out of 10), try to be consistent from assessment to assessment.


  • Respond truthfully to all questions.  Do not deny prior injuries, prior accidents or past psychological treatment.  If you were having stress at work before the accident, it is likely documented somewhere.  Concealing it if asked will only look like you are being untruthful.


  • Email your Ottawa accident lawyer immediately after the assessment to describe the  actual physical examination, including how long it took.  If there are any questions that strike you as odd, mention that to your lawyer as well.


  • Keep in mind that the medical assessor or his / her staff will watch you  out the window before the appointment.  They will watch you in the waiting room.  They will compare how you are in the parking lot and waiting room to how you are during the examination to try to detect symptom magnification.  A classic sentence in a medical assessment report describes how the plaintiff’s movements were “guarded” in the assessment room, but that the plaintiff moved freely in the waiting room. That is insurance company “code” for: this plaintiff is exagerating.


Apart from these pointers, every assessment is different so it is hard to predict how it will unfold.  Being truthful but not minimizing for symptoms are the key to success.

If you have a serious motor vehicle accident case and would like to discuss your case with a lawyer, call the personal injury lawyers at Auger Hollingsworth.  613 860-4529.  We will visit you at home or in the hospital.  We offer phone consultations as well.


Woodroffe Ave Pedestrian Accident Injures Ottawa Woman

OTTAWA-  The Ottawa intersection of Woodroffe and Medhurst in Ottawa was the scene of a pedestrian accident on December 7, 2012 according to CBC News.

A woman is reported to have slipped before being run over by a Dodge Caravan minivan.  She suffered serious injuries to her legs before emergency services were able to extract her from beneath the vehicle.

Have you suffered an Ottawa Pedestrian Accident?

After an Ottawa pedestrian accident, there are important steps you should take right away to get the help you need and the compensation you deserve.

1.  Get appropriate medical help immediately, and follow up with your medical team regularly.  Many people go to their chiropractor or physiotherapist soon after a pedestrian accident.  While it can be a very good idea to jump start your rehabilitation, make sure you also see a medical doctor, either at the hospital, urgent care centre, your family health clinic or a walk-in clinic.  As your claim progresses, you may be disadvantaged if you have not seen an actual doctor.

2. Contact your own auto insurance company after a pedestrian accident.  This suggestion surprises many pedestrian accident victims.  Your own auto insurer will provide your statutory accident benefit coverage.  This coverage includes income replacement benefits, medical -rehabilitation benefits to pay for medical services not covered by OHIP and certain other specified benefits.  Call your insurance company to get the appropriate application forms.

3.  Meet with a personal injury lawyer for a free consultation.  If you have suffered a serious injury after a pedestrian accident in Ottawa, the personal injury lawyers at Auger Hollingsworth would be pleased to discuss you case.  Find out if you have a claim for damages for pain and suffering, lost wages or other types of losses.  Our accident lawyers can be reached at 1-888-574-4529.  We can meet you at our convenient west end location which offers free no-hassle parking.

Remember, in most cases, you have two years to begin your law suit.  However, in some situations there are shorter notice periods.  Contact a lawyer today to make sure your rights are protected.

Driving Anxiety After My Ottawa Car Accident

The screech of tires, the sound of metal hitting metal, the echo of shattering glass, the smell of burnt rubber from hastily braked tires… the aftermath of your Ottawa car accident involves much more than just the physical scars. The memories of a traumatic collision can haunt victims leaving them fearful or even unable to drive. Even being a passenger in a car can cause physical reactions and mental stress. Overcoming accident-related anxiety depends on your ability to recognize the signs, get help, and receive treatment that will allow you to live your life to the fullest once again.

Feeling depressed, lost, and jumpy are all signs of anxiety, as are insomnia, irritability, and flashbacks. When these symptoms are triggered or exacerbated whenever the patient thinks about being in a vehicle or attempts to drive, it’s easy to pinpoint what’s causing the stress. People with driving anxiety may experience a rapid pulse rate along with sweating and trembling at the thought of driving or being in a moving car. To avoid a future filled with fear and public transportation, seeing a qualified neuropsychologist or psychiatrist who can properly assess your disability and help formulate a treatment plan is absolutely essential.

Different kinds of therapy can be effective in treating anxiety disorders:

  • Behavioral therapy focuses on reinforcing positive behaviors and eliminating negative ones in order to achieve a lasting change in behavior.
  • Exposure therapy introduces patients to the source of their anxiety in a controlled, safe manner. The goal is to change the perception of danger that activity holds for the patient. For those with driving anxiety, this could mean driving classes or relaxation techniques.
  • Virtual reality therapy is an emerging technique using virtual imaging devices to expose the patient to relevant stimuli and gauge the subsequent reactions. For example, a movie that emulates a driver’s view of the road could reacclimatize them to the sights and sounds of the road – in a safe and controlled manner.


As scary and debilitating as driving anxiety after your Ottawa car accident can initially be, there is help. You can drive again, and without the fear you may be currently experiencing.

An experienced accident lawyer knows how to help you achieve the best outcome after your accident. Reach out to the experienced personal injury lawyers at Auger Hollingsworth.  In addition to providing legal expertise, we can help connect you with the person in our network of professionals best suited to helping you and your case.  Call our law firm today 613 233-4529.

Wrist Fractures and Car Accidents: A Few Quick Facts

Wrist fractures are a frequent injury in car accidents usually due to the force exerted when sudden impact forces the drivers hand back on the steering wheel.  So common are these types of breaks they are designated with the acronym FOOSH, or Fall On Outstretched Hand. Whether it’s a simple fracture or a complicated break, knowing the different types of wrist fractures could help you understand your treatment and compensation options after your Ontario car accident.

 Your wrist is composed of ten bones: eight carpal bones in the hand and two in the forearm, called the ulna and radius. Wrist fractures, medically referred to as distal radius fractures, generally fall into two categories:

Colles Fracture.  A Colles Fracture, the blanket name for any type of distal radius fractures, is usually caused by a force striking the palm of the hand. This can be through a fall or by bracing oneself against a steering wheel or dashboard in an accident. This sudden pressure causes the distal end of the radius bone (where the forearm meets the wrist) to break. Depending on the specific location of the break and what bones may or may not be displaced, a Colles Fracture may also be called a Barton Fracture or Chaffeur’s Fracture

Smith’s Fracture.  In a Smith’s Fracture, it is instead the back of the hand that receives the brunt of the impact and causes the radius to break.

In both cases, treatment options are similar but will depend on several factors including the severity of the break, location of the fracture, whether the bones will need realignment and any preexisting conditions the patient may have. Immediate immobilization of the joint is imperative to prevent further damage. Surgical intervention is often necessary to realign bones or remove bone fragments and clear debris from the joint.

After surgery and/or a prolonged period in a cast, physical therapy is recommended to aid in regaining full range of motion, strength and optimal function of the injured wrist.

Wrist fractures can be painful, debilitating and financially draining injuries. If you’ve been sidelined by a wrist injury after your Ontario car accident, reach out to the experienced Ottawa personal injury lawyers at Auger Hollingsworth.  We will provide you with the information you need to make the right decisions about compensation in your case.  Call our law firm today 613 233-4529.

Should I Ask My Doctor for an MRI?

In the days and weeks following your Ontario car accident, you may have questions about your injuries and the tests recommended by your doctor. Though experts have a series of tests they use to diagnosis patients based on the symptoms and complaints they present with, sometimes we are the best experts when it comes to our own bodies. We know what feels normal to us, and after a trauma like an accident, we may have the best insight into a continuing or developing problem. If you suspect an injury has gone undiagnosed, you may need a diagnostic test like an MRI.

 An MRI, which stands for magnetic resonance imaging, is the best way to examine the body’s soft tissues, such as the areas between bones, muscle tissue and spinal discs. Whereas x-rays see bone, an MRI focuses on all the areas in between.

MRI’s must be ordered by a doctor and are most often used by specialists like orthopedic surgeons and neurosurgeons. The results must be read and interpreted by a medical professional trained specifically in MRIs, which includes most doctors that would order the test as well as the radiologist that may perform the scan.

If you’ve been in a car accident and are experiencing pain without a cause verified on tests you doctor’s have performed, it may be time to consider an MRI. Injuries like herniated or bulging spinal discs, nerve damage, a torn meniscus or an injured rotator cuff all usually show up on an MRI. Hard medical evidence like this is difficult for the insurance company to refute and can prove essential to recovering the damages you deserve in your personal injury case.

If you suspect a soft tissue injury is responsible for your persistent undiagnosed pain and your doctor has not ordered an MRI, request one. as soon as possible.  Ask your doctor to place you on the waiting list for the scan.

The experienced Ottawa personal injury lawyers at Auger Hollingsworth are prepared to fight for your right to the compensation your deserve.  Call our law firm today at 613 233-4529 to schedule a free consultation.  We have all the information you need to make the right decisions about your case.

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