Personal Injury For Children

Many of our serious cases involve claims by parents on behalf of their injured children. If your child was injured in an accident, this section of the website can help provide answers to questions you need. Remember that every case is unique. For your child’s case, get a free consultation with an experienced accident lawyer. Call us at 613 860-4529.

Ottawa Personal Injury Lawyer on the Radio

Auger Hollingsworth is delighted to announce that lawyer Brenda Hollingsworth will be live on 580 CFRA on Saturday, August 18, 2012.  That’s 580 on the AM radio dial.

Brenda will be answering live calls about all things personal injury.  If you have a question or comment, we hope to hear from you.  The show runs for an hour starting at 2 p.m.

We hope Ottawa listeners will take this opportunity to ask questions about the personal injury process, how to get fair compensation and when you might be entitled to compensation.

If you have a question or comment, and can’t wait for the radio program or want to speak directly to our law firm, call 613 233-4529.  We look forward to speaking to you.



What Should I Wear to Examination for Discovery in an Accident Case?

If you are ever in an Ottawa accident, you may have to take part in an examination for discovery as part of your legal proceedings. Understanding what this process entails and knowing how to present yourself can help you achieve success in your lawsuit.


What is an Examination for Discovery?

Examination for discovery is an important component of most civil lawsuits. Essentially, it is a process where both parties involved in the lawsuit are questioned about the issues surrounding the lawsuit. While each party is questioned by the other party’s lawyer, and the answers are given under oath, examination for discovery is not in itself a trial.


What is the Purpose of Examination for Discovery?

The basic purpose of an examination for discovery is to allow each party and their lawyers to learn about and understand the other side’s case.


Throughout their questioning, the lawyers for each party will typically be trying to accomplish a few basic things, including the following:

–   Understand the other party’s point of view, and more fully define and narrow the issues involved in the lawsuit.

–   Discover if there are any areas where both parties are in agreement, possibly allowing a pre-trial settlement to be reached.

–   Obtain an admission from the other party that later can be used in their client’s favour while at trial.


What Should You Wear to an Examination for Discovery?

Many clients wonder what they should wear to attend this part of their legal process. Though it is not an official trial, it is still very important to make sure that you are appropriately dressed. A good rule of thumb is to make sure you look well-groomed and presentable. Essentially, you want to wear neat, clean, conservative clothes. You do not necessarily have to wear a suit, but you should look as neat as possible, and avoid any offensive slogans on your clothing. This is a very important part of your legal process, and it is crucial that you are as prepared and presentable as possible.


If you or someone you know has been in an Ottawa accident, a good injury lawyer can help you to better understand your legal options, and help you navigate all aspects of the legal process, including the examination for discovery.


To speak with an Ottawa personal injury lawyer at Auger Hollingsworth, please call us at 1-888-574-4529, email us at [email protected], or use our contact form.

Renfrew families Grieve after Sudbury area Accident

January 3, 2012 was a terrible day for Renfrew, Ontario families whose teens were killed in a tragic car accident on Highway 17.

Keegan Melville, 18, and Zabrina Rekowski, 19, of Renfrew were killed when the Ford minivan they were travelling in crossed the centre line and collided head-on with a Jeep near Hagar, Ont..  The accident happened about 50 km east of Sudbury.

The driver of the minivan, Hillary Afelskie, 19, ofAdmaston-BromleyTownship, Ont., died in hospital the following day.

Emily Olmstead, 19, of WhitewaterRegionTownship, Ont.,  is the sole survivin passenger of the minivan.

The two people in the Jeep, Walter Rancourt, 72, and Patricia Rancourt, 71, both from Sturgeon Falls, Ontario., were transported to hospital with serious injuries.

Our condolences go out to the friends and families of the injured and the deceased.

Struck by A Drunk Driver in Ontario? Ottawa Lawyer

Ottawa Lawyer- If you are injured in a car accident or other motor vehicle accident in Ontario caused by an impaired driver, you should consider contacting a personal injury lawyer as soon as possible.  In that circumstance, you may have recourse not only to sue the impaired driver who caused the accident, but also a bar or tavern that over-served the alcohol to the impaired driver.

An experienced personal injury lawyer can help you determine whether or not you have a claim against a bar or tavern, in addition to a claim against the driver who caused the accident.

WARNING:  If the at fault driver in your case is a G2 licensed driver and has alcohol in his or her system, that driver may have violated the terms of their insurance policy.  Where that is the case, there may be a limit to the amount of insurance available to assist you.   In that case, a personal injury lawyer can help you access other insurance policies that may be available to you under Ontario insurance law.   We think this law is unfair to accident victims.  Maybe you do too.  Please consider contacting your MPP to let him or her know your views.

For more information on bringing a claim for compensation against a drunk driver who caused an accident, contact Auger Hollingsworth at 613 233-4529.


How can I get my mileage to rehab paid after an Ontario car accident?

OTTAWA LAWYER- While there can be a number of financial costs to receiving medical treatment for your injuries, some of these expenses can be reimbursed.  In addition to medical coverage provided by OHIP and any personal insurance plans you may have, you should be able to be reimbursed for some other expenses, like the cost of your mileage to rehabilitation appointments.

 The law in Ontario states that the company that provides your car insurance is responsible for $0.38 per kilometre for trips
for treatment that are over 50 kilometres.  This 50 kilometre rule applies if you are not catastrophically injured.  If you are considered to be catastrophically injured, the car insurance company is required to pay for all of your mileage costs.  This includes trips to your family doctor for appointments related to the injuries incurred in the accident, appointments with specialists, physiotherapists, chiropractors, etc.  If you are not sure whether or not certain medical appointments qualify for this kind of reimbursement, speak with your Ontario personal injury lawyer and they can provide you with additional guidance.

 In order to be reimbursed for these mileage expenses, you have to submit records of your mileage to your car insurance company.  A specific form (OCF 6) needs to be completed in full.  Make sure you keep a copy of the completed form for your own records.  This completed form must be submitted to your insurer within 30 days in order for you to receive reimbursement.  You might also want to consider including an online map print out of the routes you drove in order to provide more information about your trips.

 Dealing with all of the medical and legal aspects of your personal injury case can be overwhelming, so it is important to  know that there are a few things in place to help you, such as reimbursement for mileage to medical appointments.  If  you want to know more about how what you may be entitled to in your case, contact the Ontario injury lawyers at Auger Hollingsworth at 613 233-4529.

Do I need to see a Medical Specialist After my Ontario Accident?

If you have been injured in an Ontario accident, you have likely seen your family doctor for a medical assessment.  While it is a good idea to visit your general practitioner about your injuries, it is also wise to seek additional medical attention and advice from specialists. If a doctor who specializes in your particular injuries has seen you and diagnosed your injuries, your case will be stronger and more credible.  Generally speaking, your case will likely settle for a higher amount if you have seen an appropriate specialist.

Many injury victims see physiotherapists for rehabilitation for their injuries.  Physiotherapy can be an excellent resource for injured persons and can be of great benefit.  However, records from your physiotherapist are usually not enough to prove that you have a specific injury and the details regarding your injury.  This is because physiotherapists are not able to officially diagnosis an injury.  They are able to treat symptoms and help you recover from your injuries, but their records do not carry the same weight as a medical specialist.

Insurance companies and jurors tend to place more importance on statements and records from medical specialists, rather than those who have helped you in your recovery, such as a physiotherapist.

After seeing your family doctor for your initial medical assessment after your injury, your doctor may refer you to a specialist.  If they do not automatically do so, consider asking them if you could get a referral to an appropriate specialist.  A good general practitioner should be happy to help you find the medical treatment you need, whether that is to receive a second opinion, or because your injuries are so severe that a more specialized doctor is needed.

Regardless of your injuries, seeing a medical specialist, such as a neurologist, surgeon, podiatrist or ophthalmologist, can greatly benefit your case.  Remember that you should receive all of the medical treatment necessary to recover from your injuries and you
want to do all you can to present a strong legal case.

Considering a Litigation Loan? New Case raises Flags

Pursuing an Ontario personal injury lawsuit can be a daunting task for many individuals.  Most people have not previously dealt with the law, lawyers or courtrooms and it is easy to feel overwhelmed.  One of the primary concerns people have about pursuing an Ontario lawsuit is the financial expenses they will incur.  People often wonder how they will be able to pay for their legal expenses and this can sometimes cause undue stress and anxiety.

Legal expenses include legal fees involved in hiring a lawyer, but they can also include other ways of preparing for trial, such as getting expert witnesses.  Some lawyers help finance your legal expenses by requesting that you obtain a litigation loan.  This is also known as third-party financing, where a financial services company gives you a loan or otherwise helps you financially.  Many recent court rulings have supported the role of third-party financing in order to adequately prepare for trial. In those cases, the court has ordered the insurer to pay the plaintiff’s interest on the loan as a disbursement.

A recent ruling, however, has  potentially damaged a client’s chances of being compensated for interest on a loan.  The judge in the case of Guiliani v. Region of Halton, ruled that the defendant (the insurance company) did not have to pay the interest on the litigation loan.  The rationale was that to require the insurance company to pay such a large sum could encourage lenders to charge high rates of interest in an attempt to “extract unconscionable amounts of interest from vulnerable individuals.”

If you are contemplating hiring a lawyer for your accident-related lawsuit, make sure you discuss fully that lawyer’s position on litigation loans and their pros and cons.

For information about Auger Hollingsworth, please call us at 613 233-4529.  We’re here to help.

5 Factors that Affect the Value of Your Ontario Accident Case

If you are like most of our Ottawa accident clients, you are very keen to know how much your accident case is worth.  Who can blame you?  You are going through this stressful legal process, it makes sense that you want to know whether your case is worthwhile.


Unfortunately, we often can’t tell you what your Ontario accident case is worth until well into file.  However, what we can tell you are factors that will influence the value of your case.  Here, in no particular order are 5 key factors that impact on the monetary value of your case:


  • Do you have a provable loss of income claim?  InOntario, this is often the single biggest component of someone’s settlement or trial judgment.


  • Have you attended your physician on a regular basis since the accident and described all your symptoms at every visit.  Medical records documenting symptoms carry a lot of weight.


  • Has your family physician sent you to specialists to diagnose and / or treat your injury?  Remember that in many cases you have to ask for a referral to a specialist.


  • Where applicable, have you had an MRI, CT scan, ultrasound x-ray or other diagnostic test?  An injury that shows up in medical imaging will usually be better compensated than an injury that does not.  Where there is a “picture” of the injury, the issue of credibility is removed.  If you think you would benefit from one of these tests, ask your doctor.


  • Are you able to identify specific changes to your lifestyle as a result of the accident?  Accident victims who are able to consistently specify activities that they could do before the accident and that they cannot do after the accident tend to do better financially with their claim than accident victims who complain of “pain” but are not limited in their actions.

How to teach your child important bicycle skills

OTTAWA INJURY LAWYER  — As Ottawa personal injury lawyers we frequently come across individuals who were injured in car accidents, slip and falls or in a workplace situation, but often the most heartbreaking cases are those that involve injured children.  While we can’t protect our children from every harm, we should do all we can to help prevent situations in which they can get seriously injured.  Bicycle safety is an important area that can help save your child from being unnecessarily injured.  As parents, there are a few simple things you can do to help your child avoid accidents and injuries while riding their bicycle.

While it may seem obvious, teaching your child how to ride in a straight line is very important.  Riding a bicycle can be difficult at first and riding it in a straight line can be even tougher!  Before you let your child ride off with their friends, make sure that you are confident (and so are they) that they can consistently ride in a straight line.  If they can ride in a straight line, they will be better able to stay out of the way of other vehicles and pedestrians.  To teach this to your child, take them to a quiet park or empty parking lot where there is plenty of room and few obstacles.  Stand a short distance away from your child and have them ride towards you in a straight line.  Have them practice this several times, and if you want, you can gradually increase the distance they have to ride to reach you.

Another important skill for you to teach your child is how to turn.  This can be a difficult skill for beginner cyclists so it may take some time for your child to be able to successfully turn while riding their bike.  To teach your child how to effectively turn, take your child to an empty parking lot or cul-de-sac and have them practice riding in a figure-eight pattern.  At first it will be easier for your child to ride in a larger pattern, but over time you can challenge them to make the figure-eights smaller, thus allowing them to practice tighter turns.

Once your child has mastered these basic cycling skills, you can teach them more advanced, but very important, skills such as looking back without swerving.  It is important for cyclists to look behind them before making a left-hand turn, but while doing so, they must continue to ride in a straight line.  You can practice this with your child by once again taking them to an empty parking lot or park and have them ride past you.  As they ride past, hold up a picture of a car or hide the picture behind your back.  Tell them to look back and tell you if they have seen the car.  This exercise will teach your child to look back and assess the situation without swerving.

One last skill you should teach your child is braking control.  It can take time to learn how much pressure to put on the brake and to learn how long it will take to stop before reaching an obstacle.  It can be difficult for a child to judge the distance between themselves and an obstacle and to then break in time.  To practice proper braking techniques with your child, draw a line on your driveway or in an empty parking lot and have your child practice riding towards the line and then stopping right before it.  You can have them approach the line at varying speeds so that they learn how to properly brake in different situations.

Before you let your kids ride their bicycles with their friends outside of your supervision, make sure that they have mastered these few important skills.  By equipping your child with essential bicycle skills, you have done your part to help prevent bicycle accidents and injuries.  Nonetheless, if you or your child has been seriously injured in a bicycle accident, you may benefit from speaking with a personal injury lawyer.  An Ontario injury lawyer can assess your case and help you with any legal proceedings you may be able to pursue.  The personal injury lawyers at Auger Hollingsworth would be happy to discuss your case with you.

Ottawa School Barrel Explosion Investigated

Ontario’s Ministry of Labour is investigating the fatal explosion at Mother Theresa High school, according to CBC.   The explosion took place while students in shop class were building barbecues out of used metal drum barrels.  Questions have been raised about where the barrels were acquired and what safety precautions were taken.  This tragedy resulted in the death of a popular student and hockey player, as well as injuries to a number of other students and a teacher.

An accident like this raises fears for all parents who trust that school is a safe place for their kids.  Likewise, educators need to know that they are working and teaching in a safe environment.   Hopefully, the provincial investigation will answer key questions and develop new protocols so that no future Ontario student or teacher faces this type of danger.

For more information on school board liability for accidents on school premises or at school sanctioned activities, read this post or contact Auger Hollingsworth at 613 – 233-4529.

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