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Personal Injury Information Kit
Your Legal Rights If You Are Injured In Ontario
  Introduction                     If you or someone you know
                                   has been injured in an accident,
                                   this is a basic guide to help you
                                   and your family:
                                 • Know your rights.
                                 • Access the help that is available.
                                 • Choose the best lawyer for you.


                                  About Preszler Law Firm
  Our Specialties:                Since 1959, the Preszler Law Firm has
                                  represented people from all walks of life
                                  in virtually every type of situation. We have
• Slips and falls on public       learned that whether you have suffered a
  or private property             personal injury in a car accident, slip and
                                  fall, or in any other way, you must have an
• Injuries caused by defective    aggressive and experienced law firm on your
  products                        side in order to be fully compensated.

• Assaults                        Naturally, we take our responsibility to you and
                                  your family very seriously and we always keep
                                  your needs our number one priority. Practically
                                  speaking, this means responding to your phone
                                  calls, letters and e-mails in a timely fashion while
                                  providing clear, concise answers to any of your
                                  questions; leaving you free to concentrate on
                                  your recovery.

                                  At Preszler Law Firm, we provide free initial
                                  consultations and we will come to you to discuss
                                  you case at no expense to you! Unlike other
                                  law firms, all we do is represent people who
                                  have been seriously injured and we have never
                                  represented any insurance company.

                                  We can be easily reached by calling toll-free at
                                  1-800-JUSTICE® or by logging onto our website
                                  at www.seriouslyinjured.com. By calling our firm,
                                  you will speak to an experienced personal injury
                                  lawyer who will provide straight forward answers
                                  to your complex questions. Call us now and
                                  remember, there is never a fee unless we
                                  recover money for you!
Personal Injury Information Kit
Your Legal Rights If You Are Injured In Ontario
After an Accident
     After an Accident

     When injured in a Motor
     Vehicle Accident
1    Inform the police of the accident and record
     the attending officer’s name and badge
     number. Make sure the police have all of the
     information they need about the accident.
2    Try to obtain a copy of the Motor Vehicle
     Accident Report.
3    Record the names, telephone numbers and
     addresses of involved parties and witnesses
     to the accident.
4    Keep family members close by and meet with
     your trusted team of health care providers.
5    Contact your family doctor and keep him or
     her informed of your injury.
6    Notify your insurance company that you
     were involved in a car accident.
7    If you do not have any insurance, find out
     the insurance company of any other vehicle
     involved in the accident.
8    Request an application for accident benefits
     from the insurance company.
9    File your completed accident benefits ap-
     plication within 30 days of receiving it.
10   Notify your employer or school and advise
     them of your injury.
11   Record the names and contact information
     of your health care professionals.
12   Keep receipts for all related expenses.
     Family members should also record their
     expenses and the dates and time they’ve
     spent caring for you.
13   Keep a record of all your health problems.
14   Check for other insurance coverage (i.e.
     through your work, school or private plans).
15   Contact Preszler Law Firm for a free
     consultation and know your rights.



                                                    1
         When injured in a Slip and
         Fall Accident
    1    Figure out where you slipped and fell and
         document the address of where you fell.
         If you fell on a city roadway or sidewalk, you
         must give written notice by registered mail
         within 10 days to the City or Township clerk.
    2    Figure out what you slipped on. Was it water,
         ice, snow or oil, etc.?
    3    Get the names, addresses and telephone
         numbers of any witnesses.
    4    Keep your footwear and do not wear your
         footwear again, if possible.
    5    As soon after the accident as possible,
         take pictures of the area of the fall and,
         specifically, what caused you to fall.
    6    Document the lighting conditions.
    7    If the fall occurred on ice or snow, document
         whether there was any salt or sand.
    8    If you slipped and fell within a business or
         home, obtain the owner’s name, if possible.
    9    Look for warning signs or devices
         and document their location in proximity
         to your fall.
    10   Go to the doctor and make sure the incident
         and your injuries are documented.
    11   Do not speak to any insurance company
         representative.
    12   Contact the Preszler Law Firm immediately
         for a free consultation!




2
     When injured in a Trip and
     Fall Accident
1    Figure out where you tripped and fell and
     document the address of where you fell. If
     you fell on a city roadway or sidewalk, you
     must give written notice by registered mail
     within 10 days to the City or Township clerk.
2    Figure out what you tripped on or over. Was
     it a crack or pothole, etc.?
3    As soon after the accident as possible, take
     pictures of the area where you fell and, spe-
     cifically, what you tripped on or over.
4    Measure the height, width and/or depth of
     the trip hazard and if possible take a picture
     of the height, width or depth of the hazard.
5    Document what you didn’t see. Was there
     any paint applied to the hazard?
6    Get the names, addresses and telephone
     numbers of any witnesses.
7    Keep your footwear and do not wear your
     footwear again, if possible.
8    Document the lighting conditions.
9    If you tripped and fell within a business or
     home, obtain the owner’s name, if possible.
10   Look for warning signs or devices and
     document their location in proximity to
     your fall.
11   Go to the doctor and make sure the incident
     and your injuries are documented.
12   Do not speak to any insurance company
     representative.
13   Contact the Preszler Law Firm immediately
     for a free consultation!




                                                      3
4
Do I Have a Case?
Do I Have a Case?

Am I entitled to                                  What types of personal injury claims are
                                                  handled by Preszler Law Firm?
compensation? What do
                                                • Injuries arising from motor vehicle accidents
I do next?                                      • Injuries arising from slip or trip and fall
Where do I begin?                                 accidents on private or public property
The first step is to determine if you have a     • Injuries caused by someone else’s negligence
claim. The easiest and surest way to do this    • Long Term Disability benefit claims arising
is to consult with a lawyer from Preszler Law     from personal injuries (if you are being denied
Firm as soon as possible after the injury         benefits from a previous accident, you are
occurred. Since there are strict time limits      entitled to your benefits, excluding WSIB)
and deadlines that must be met in order to
avoid delays or disqualification in receiving      What are the most common types of
benefits or compensation, it is very impor-        personal injuries handled by Preszler
tant that you know your rights early on.          Law Firm?
                                                • Orthopaedic injuries e.g. broken bones and
How do I know if I have a claim?
                                                  herniated discs
The easiest way to determine whether you
have a claim is to consult with a lawyer from   • Paraplegic or quadriplegic injuries;
Preszler Law Firm who will answer your          • Amputation resulting from an accident;
questions in a clear and concise manner.
                                                • Brain injuries;
The Preszler Law Firm offers free consulta-
tions at no cost to you and you will be able    • Spinal cord injuries;
to speak to a lawyer the same day or as         • Torn ligaments and other soft tissue injuries; and
soon thereafter as possible.
                                                • Chronic Pain.
Generally, if you are injured in an accident,
you may have the right to make a claim
against the person or persons who caused or
contributed to your injury.

Claims for compensation can be made for
injuries suffered in many situations and are
often covered by insurance.




                                                                                                       5
        What if I am injured in an automobile or mo-
        tor vehicle accident?
        In Ontario, there is a special system for obtaining
        compensation related to motor vehicle accidents.
        Unfortunately, it is complicated and your rights
        are different depending on whether or not you
        are at fault.
        If you have been injured and are NOT at fault
        for the accident, then there are two sources of
        compensation:
    1   A claim against your own insurance company or
        the insurance company of any other vehicle in-
        volved in the accident. This type of claim is referred
        to as a No-Fault Accident Benefits Claim; and
    2   A claim against the at-fault driver is called the
        Tort Claim.
        If you have been injured and are at fault for the
        accident, then there is often only one source of
        compensation:
    1   A claim against your own insurance company
        or the insurance company of any other vehicle
        involved in the accident.
        How am I entitled to compensation if the
        motor vehicle accident was my fault?
        In Ontario, the law states that irrespective
        of fault, if you are injured in an automobile,
        snowmobile, ATV, motorcycle or dirt bike
        accident, then you are still entitled to certain ac-
        cident benefits (usually paid by your insurance
        company or the insurance company of any
        other vehicle involved in the accident).
        Further, depending on the circumstances of the
        accident, you may also be entitled to benefits
        from other sources. The Preszler Law Firm can
        help you identify the potential sources and
        obtain the benefits to which you are entitled.




6
Are all personal injuries subject to the
same rules and processes?
No. The rules and processes depend on how
the injury or disability occurred.
If you are injured in a motor vehicle accident,
there are very specific rules that apply and
specific processes that must be followed.
An early determination is critical in order
for you to take the necessary steps within
the prescribed time limit. In every case, the
injured party is responsible for submitting an
application for the benefits and compensa-
tion to which they are entitled.
If you are injured in a slip/trip and fall accident,
there are certain time limits and/or notice
requirements which must be complied with.
All in all, the type and cause of injury
determines the applicable process, time
limits and notice requirements. Failure
to meet these deadlines or to provide
the proper notice can be detrimental to
your claim.

Can I make a claim for compensation for
other types of accidents like slip/trip
and fall accidents?
Yes. If your injury was caused by the
negligence of another person, you may be
able to seek compensation.
For accidents that do not involve motorized
vehicles, accident benefits are not available.
Generally, compensation for your losses will
not be paid by the insurance company until
the end of your case. However, in certain
circumstances, we may be able to persuade
the responsible party’s insurance company
to make an advance payment.




                                                       7
8
Motor Vehicle Accidents
 Motor Vehicle Accidents

  What are my rights if I am                         Making a Claim
  injured in a car or motor                          Against At-Fault
  vehicle accident?
                                                     Drivers
 Anyone injured in a motor vehicle accident,         In Ontario, if you’re injured in a collision and
 also known as an automobile, snowmobile,            another person is at fault, you may be able to
 ATV, motorcycle or dirt bike accident is            sue, subject to certain conditions, for losses
 automatically entitled to “No-Fault Accident        you have suffered, including:
           .
 Benefits” No-Fault Accident Benefits are
 available whether you were driving, or were       • Pain, suffering, loss of enjoyment of life
 a passenger or a pedestrian hit by a motor        • Loss of income or inability to earn income
 vehicle (and are available even if the accident
                                                   • Health care expenses
 was your fault). Making an Accident Benefits
 claim should not affect your insurance rates.     • Other losses

 If another person is at fault for the motor
 vehicle accident, you may be entitled to
 compensation for your pain and suffering,
 past and future loss of income, future medical
 treatment, etc.

  How do I proceed with a claim against an
  at-fault driver?
• Retain a lawyer from Preszler Law Firm
• We will give written notice of your intention
  to sue
• We will make sure that your accident benefit
  claim is properly submitted to the insurer
• We will start a lawsuit within the prescribed
  time limit




                                                                                                        9
           Pain, Suffering, Loss                            Otherwise, you are entitled to recover 70%
                                                            of your gross income loss up to a trial. If
           of Enjoyment of Life                             you have an ongoing income loss after
                                                            trial, it is awarded based on 100% of gross
           When can I sue for pain and suffering?           income subject to income replacement
           To sue for pain and suffering you must prove     from other sources.
           that the injury you have sustained meets the
           “threshold.” The threshold is a description of   What is a collateral benefit?
           the seriousness of your injury as defined by      A collateral benefit includes payments for the
           the Insurance Act. To meet the threshold, your   loss of income from another private or public
           injury must result in a:                         plan such as income replacement benefits
     i)    permanent serious impairment of an im-           (see pages 12, 16-18 and 21), long term disabil-
           portant physical, mental, or psychological       ity benefits or CPP disability payments.
           function; or
                                                            What other conditions apply to claims for
     ii)   permanent serious disfigurement                   loss of income?
           (ie. scarring).                                  You cannot claim for any loss of income for
                                                            the first 7 days after the collision.
           What happens if my injury “meets the
           threshold”?                                      To sue for lost income, do I need to
           If your injury meets the threshold you           “meet the threshold” or does any
           may be entitled to recover damages for           deductible apply?
           pain and suffering. However, your award          Your injury does not need to meet the
           for pain and suffering will be reduced           threshold in order for you to make a claim for
           by a deductible of $30,000, unless your          lost income. No deductible applies.
           award exceeds $100,000. You may
           purchase additional coverage to reduce
           the deductible to $20,000.
                                                            Health Care Expenses
                                                            What health care expenses can I claim
           Loss of Income                                   against an at-fault driver?
                                                            If your injury meets the threshold, you can
           When can I sue for loss of income?               claim health care expenses not covered by
           If you have lost income as a result of an ac-    some other source or plan.
           cident, you are entitled to sue for that lost
           income. You may also be entitled to Income       Housekeeping and
           Replacement Benefits under the no-fault
           benefits coverage of your auto insurance          Home Maintenance
           policy. If you have already received Income
                                                            If you are unable to maintain your home as
           Replacement Benefits under the No-Fault
                                                            you did before the accident, you can claim
           coverage of your auto insurance policy or
                                                            reimbursement for expenses you incur or
           some other collateral benefit (see below),
                                                            will incur. For example, you can claim the cost
           your claim for lost income will be reduced by
                                                            of hiring someone to perform your daily
           that amount.
                                                            activities (ie., household chores) that you



10
 are no longer capable of doing because of
 your injuries. However, you must first seek
 reimbursement for housekeeping and home
 maintenance expenses from your accident
 benefits insurer, if available.


 Other Quantified
 Losses: You may be
 entitled to sue for
 other losses.
 Other out of pocket expenses incurred as a
 result of your injury may be claimed against
 the at fault party.


 Family Law Act —
 Damages
 (Death or injury of a family
 member)
 Do family members have the right to sue
 if a family member is injured or dies?
 Yes. In the event of death or injury to a
 person, damages are awarded to their           • Caregiver Benefits
 family members for loss of care, guidance      • Medical & Rehabilitation Benefits
 and companionship. The damages are not
                                                • Attendant Care Benefits
 subject to a deductible.
                                                • Housekeeping & Home Maintenance

 No-Fault Accident                              • Lost Educational Expenses

 Benefits                                        • Death Benefits
                                                • Funeral Expenses
 Every automobile insurance policy in           • Travel Expenses
 Ontario contains mandatory accident
 benefits coverage. The following is a list
 of Statutory Accident Benefits that are
 potentially available to you:
• Income Replacement Benefits
• Non Earner Benefits


                                                                                      11
      Who is my Accident                                  denial of the benefit. Any lawsuit, to enforce
                                                          the payment of these benefits, must be
      Benefit Insurer?                                     commenced within two years from the time
                                                          the insurance company refused to pay the
      If you are injured in a car accident, no matter     benefit (and only after a mediation has taken
      who is at fault, you are entitled to no-fault ac-   place) or within 90 days after the mediator
      cident benefits. These benefits are available         reports to the parties.
      to you from either:
                                                          Do I need a lawyer for either my lawsuit
     • Your own car insurance company;                    or my no-fault accident benefits?
     • The car insurance company of any other             Yes. A lawyer can help assess what types of
       vehicle involved in the accident;                  no-fault accident benefits are available to
                                                          you. A lawyer can also assist in ensuring that
     • The insurance company of a person you are
                                                          you receive the proper no-fault benefits.
       dependant upon; or
     • The Motor Vehicle Accident Claims Fund             Do I have to be an occupant in an auto-
       (1-800-268-7188).                                  mobile or motor vehicle to be eligible for
                                                          no-fault accident benefits?
      Claiming Benefits                                    No. Pedestrians and cyclists who were
                                                          injured in an accident involving a vehicle may
      What steps must I take when claiming                also be entitled to no-fault accident benefits.
      benefits?
                                                          Who else is covered by No-Fault Accident
      You must notify your insurance company
                                                          Benefits?
      within 7 days from the date of the accident
                                                          In addition to the classes of people listed
      that you wish to apply for benefits and your
                                                          above i.e. passengers, pedestrians and
      insurance company must then provide you
                                                          cyclists, any member of your immediate
      with the application forms. You must file
                                                          family who was not involved in the accident
      the completed application forms with your
                                                          may also be entitled to recover benefits if he
      insurance company within 30 days of re-
                                                          or she suffers psychological or mental injury
      ceiving them. If you cannot do so within 30
                                                          as a result of your accident.
      days because of the severity of your injuries,
      the application must be made as soon as rea-        If I miss the deadline of 30 days, can I
      sonably possible. You must also consent to          still apply for benefits?
      the disclosure of medical information and/          Most insurance companies will accept late
      or loss of income information to your in-           applications if you have a reasonable explana-
      surance company. This may involve signing           tion for the delay. However, it is always best
      waivers to permit your insurance company            to meet the 30-day time limit. No benefit is
      to obtain this information directly from            payable until a complete application is sent
      your doctor and/or employer.                        and approved by the insurance company.
      If you are having difficulties recovering the
      benefits you are entitled to, a lawyer should
      be consulted. If you have been denied a
      benefit, you must file an Application for
      Mediation within 2 years from the date of the


12
 I have some other insurance coverage,
 such as health and drug benefits, short
 term benefits and long term disability
 benefits, through my employer. Does
 the no-fault accident benefits coverage
 still apply?
 Yes, however, you must go to those other
 benefit plans first and seek coverage. If
 these plans fail to cover all or part of your
 losses, then the no-fault accident benefits
 may be required to pay additional amounts.


 Supplementary
 Medical Benefits and
 Rehabilitation
 Benefits
 What kinds of expenses or services is my
 insurance company required to pay for?
 The insurance company may be required to
 pay all of the reasonable expenses incurred
 as a result of your accident, including:
• medical, hospital and nursing care, not
  covered by OHIP
• chiropractic, psychological and occupational
  therapy etc.
• medication, prescription eyewear, dental
  devices and medical aids
• transportation over and above 50 kilometers
  to and from treatment sessions
• social and vocational rehabilitation
• home renovations and vehicle modifications

 Are there limits on what I can receive for
 medical and rehabilitation expenses?
 As of September 1, 2010, new limits on
 medical and rehabilitation expenses apply.
 Minor injuries will be eligible for $3,500 in
 medical and rehabilitation services. More
 serious injuries (but not catastrophic injuries)


                                                    13
      as defined on Page 20, will be eligible for up
      to $50,000 in medical and rehabilitation
      expenses for up to ten years after the collision.
      Optional coverage is available and may apply
      if you purchased it to increase the amounts to
      $100,000 or $1,100,000. However, optional
      coverage does not increase the maximum
      amount for minor injuries.
      If your injury is considered catastrophic
      (see page 20), then you may receive up
      to $1,000,000 in medical and rehabilita-
      tion benefits over your lifetime. Optional
      coverage may increase this amount by an
      additional $1,000,000.

      What do I need to do in order to get
      treatment? What does my insurance
      company require?
      You must submit a Treatment Plan to the
      insurance company. This must be done
      before any treatment commences. The
      treatment plan must be prepared by a health
      professional or a social worker and signed by
      one of the following health practitioners:
     • physician, including your family doctor
     • psychologist
     • physiotherapist
     • dentist
     • optometrist
     • chiropractor
     • registered nurse
     • speech language pathologist

      Insurance companies are entitled to refuse
      to pay for treatment unless a treatment plan
      is completed and approved.

      Can I arrange for my own medical or
      rehabilitation assessment to determine
      what treatment I need?
      Yes. Your own treating health care special-
      ists can perform an assessment under the


14
regulation and, in most cases, the insurance
company is obligated to pay for the cost of
that assessment.


Attendant Care
Benefits
Is my insurance company required to
pay for an aide or attendant to help me
at home?
If you have been injured in an accident,
your insurance company may be required
to pay the cost of providing for an aide or
attendant. As of September 2010, these
benefits can include the services of one
of your family members caring for you at
home only if they are ordinarily employed
as an attendant providing those services
or if they suffer an economic loss as a
result of providing the services. The insur-
ance regulations have special forms which
must be completed by an occupational
therapist or physician in order to qualify
for this benefit.

How much can I receive for attendant care?
You can receive up to $3,000 per month for
attendant care for two years, up to a maximum
of $36,000. If you have purchased optional
coverage, you can receive up to $72,000 or
$1,072,000.

If your injury is catastrophic, you can receive
up to $1,000,000 for attendant care.


Weekly Income
Replacement Benefits
(Specified Benefit)
When am I entitled to receive weekly
income replacement benefits?
You are entitled to receive weekly income
replacement benefits (excluding the first week)

                                                  15
           after a collision in the following circumstances:   As a self-employed person, can I receive
     i)    you were employed on the date of the ac-            income replacement benefits?
           cident and thereafter suffered a substantial        Yes. Self-employed persons are entitled
           inability to perform the essential tasks of         depending on their income and expense
           your employment                                     situation. Usually an accountant will have to
                                                               calculate your entitlement.
     ii)   you were not employed at the time of the
           accident but worked at least 26 of the 52           For how long can I receive these benefits?
           weeks before the accident (or were receiving        If you qualify, these benefits are available to
           El benefits at the time of the accident) and        you up to age 65 and then start to reduce on
           thereafter, suffered a substantial inability to     a gradual basis to age 69.
           perform the essential tasks of the employ-
           ment in which you spent most of your time           How will attempting to return to work
           during the 52 weeks before the accident.            affect my weekly benefits?
                                                               You may attempt to return to work at any
           When can I begin receiving income re-               time during the first 104 weeks after the ac-
           placement benefits?                                  cident without affecting your entitlement to
           You will not receive income replacement             start receiving income replacement benefits
           benefits for the first 7 days after a collision.      if you cannot continue with the employment
           Then, as long as you qualify, you can receive       because of the accident.
           70% of your gross weekly income less any
           benefits you may be entitled to from other
           insurance policies or employment plans.
                                                               Non-Earner Benefits
           What is the maximum amount of income
                                                               (Specified Benefit)
           replacement benefits I can receive?                  When am I entitled to receive “non-
           You can receive a maximum of $400 per               earner benefits”?
           week. If optional coverage was purchased,           If, at the time of the accident, you were not
           you can receive $600, $800 or $1,000 per            working but were enrolled in school or had
           week. If you are entitled to Group Benefits or       completed your education during the year
           private benefits you will still be entitled to up    prior to the accident and were not employed
           to $400 in addition to the Group Benefits.           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.

                                                               What is the maximum amount of non-
                                                               earner benefit I can receive?
                                                               The amount of the non-earner benefit is
                                                               $185 per week. However, nothing is payable
                                                               for the first 26 weeks after the accident. If
                                                               you were enrolled in school or had completed
                                                               your education in the year prior to the




16
accident, you are entitled to a non-earner
benefit in the amount of $320 per week after
the first 104-week period has expired.


Caregiver Benefits
(Specified Benefit)
When am I entitled to receive “caregiver
benefits”?
You may be entitled to a caregiver benefit if
your injury is considered to be catastrophic
and you were living with and were the primary
caregiver for a person in need of care and
were not being paid for these activities.

What is the maximum amount of care-
giver benefits I can receive?
The maximum amount of the caregiver
benefit is $250 per week for the first person
in need of care plus $50 per week for each
additional person - catastrophic injuries
only. If you purchased optional coverage, you
can receive the caregiver benefit ($250 per
week for the first dependant plus $50 for
each additional dependant) regardless of the
injury you have sustained.


Electing for Specified
Benefits
Can I receive income replacement ben-
efits, non-earner benefits and caregiver
benefits all at the same time?
No. Only one of the income replacement,
non-earner and caregiver benefits is payable
for any given period of time. Advice from a
knowledgeable lawyer may be needed to
make the correct decision.




                                                17
     Housekeeping and
     Home Maintenance
     What is the maximum amount I can
     receive for housekeeping and home
     maintenance expenses?
     You can receive $100 per week for all
     reasonable expenses for housekeeping and
     home maintenance, if your injury is consid-
     ered to be catastrophic. If you purchased
     optional coverage, you can receive $100
     per week for all reasonable expenses for
     housekeeping and home maintenance,
     regardless of the injury you have sustained.

     How long can I receive payment for these
     expenses?
     Your housekeeping and home maintenance
     expenses are paid for up to 104 weeks
     unless the injury is catastrophic.


     Other Expenses
     What other expenses can I receive pay-
     ment for from my insurance company?
     Your insurance company may be obligated
     to replace or repair clothing damaged in
     the accident, prescription eyewear,
     dentures, hearing aids, prostheses, and
     other medical or dental devices lost or
     damaged in the accident.


     Funeral and Death
     Benefits
     If a family member dies in an accident,
     what expenses is the insurance company
     required to pay for?
     When an insured person dies as a result of a
     motor vehicle accident, the insurance com-
     pany may be required to pay funeral expenses
     incurred up to a maximum of $6,000.



18
Are there other payments that the family
may be entitled to receive if someone
dies in an accident?
Each person that was a dependant of the
deceased is entitled to receive $10,000.
If the deceased was married, a sum of
$25,000 would be payable to his or her
spouse. If the deceased was not married
but was survived by a dependant(s), the
$25,000 is then divided equally among the
dependants. If the deceased was a dependant
at the time of the accident, $10,000 would
be payable to the person upon whom the
deceased was dependant.

What do optional death and funeral
benefit include?
If you have purchased optional death and
funeral benefits, the benefit for loss of a
spouse is $50,000, the loss of a dependant,
$20,000, and a maximum amount of $8,000
for funeral expenses.


Expenses of Visitors
Who is entitled to receive payment for
“visiting expenses” incurred while I am
injured?
If your family members and other individu-
als who were living with you at the time of
your accident visit you, they are entitled to
payment of all reasonable and necessary
expenses incurred as a result of the accident
during your treatment or recovery. There
is no payment after 104 weeks unless the
injury is catastrophic.




                                                19
     Lost Education
     Expenses
     When am I entitled to receive payment
     for lost education expenses?
     If you are unable to continue in a program
     that you were enrolled in at the time of the
     accident, the insurance company will pay
     for lost educational expenses.

     What is the maximum amount I can
     receive for lost education expenses?
     The maximum amount you can receive is
     $15,000. This amount is meant to com-
     pensate for expenses incurred before the
     accident, such as tuition, books, equipment,
     and room and board.


     Catastrophic
     Impairment
     What is a “catastrophic” impairment?
     Various injuries may be considered
     catastrophic by medical experts who con-
     duct these assessments. Some examples
     of catastrophic impairments are paraplegia,
     quadriplegia, permanent loss of a limb, loss
     of vision in both eyes, and certain brain
     injuries. Where you do not meet one of
     these tests, once your condition has stabilized
     or two years has elapsed since the acci-
     dent, you may make an application to your
     insurance company for a determination
     that the impairment is catastrophic.

     What benefits am I entitled to if my injury
     is considered to be “catastrophic”?
     If your injury is defined as a catastrophic
     impairment by the Insurance Act, you are
     entitled to a much higher level of medical
     and rehabilitation benefits and attendant
     care benefits (a maximum of $1,000,000
     for medical and rehabilitation benefits and


20
       $1,000,000 for attendant care benefits).
       You are also entitled to $100.00 per week
       for housekeeping and home maintenance
       assistance.

       These benefits are payable over your
       entire lifetime.

       You may also be entitled to a non-earner
       or caregiver benefit.


      Stoppage or Refusal to
      pay Benefits
       When can the insurance company stop
       payment of the specified benefits such
       as income replacement, caregiver and
       non-earner benefits?
       Your insurance company may stop payment
       of weekly benefits in the following cases:
i)     you failed or refused to submit a completed
       disability certificate
ii)    you failed to attend the insurance company
       examination or provide reasonable informa-
       tion for the assessment
iii)   the insurance company’s report states you
       no longer meet the applicable test

       When is your insurance company not
       obligated to pay benefits?
       Your insurance company is not obligated
       to pay income replacement benefits,
       non-earner benefits, lost education
       expenses, expenses of visitors or home
       maintenance expenses if you were the
       driver of an automobile at the time of the
       accident and:
i)     knew or ought to have known that the
       automobile was not insured; or
ii)    were not licensed to drive
iii)   were an excluded driver under the contract
       of insurance for the vehicle which you were
       driving at the time of the accident

                                                     21
     iv)   were driving a vehicle, or were an occupant
           of a vehicle, when you ought to have known
           that the vehicle was being driven without the
           owner’s consent
     v)    were convicted of impaired driving
     vi)   were convicted of driving with a blood
           alcohol level exceeding legal limits
     vii) were convicted of failing to provide a breath
           sample
     viii)were  engaged in, or were an occupant of
           an automobile that was being used in con-
           nection with a criminal offence
     ix)   misstated facts to the insurance company in
           order to obtain motor vehicle insurance
     x)    any person who is convicted of a criminal
           offence or is an occupant of a vehicle being
           used for the commission of a criminal offence


           Medical Examinations
           Can the insurance company require me
           to go to their doctor or other health care
           worker for a physical or psychological
           examination?
           Yes. To assist an insurance company to
           determine if an insured person is entitled
           to a benefit, the insurance company may,
           as often as is “reasonably necessary,”
           require the insured person to be examined.
           However, an insurance company may not
           require an injured person to attend an
           insurance examination with respect to an
           application for a benefit that is provided
           under the Minor Injury Guidelines.

           Do I have to attend an examination
           before an application for no-fault acci-
           dent benefits is submitted?
           No, unless you request or consent to the
           examination in order to obtain certain
           benefits before you submit your application
           for accident benefits.


22
 Optional Benefits                                 • If requested, you must, within 15 business
                                                    days, provide a health practitioner’s
 What if I have optional benefits?                   disability certificate.
 Ensure that you contact your insurance           • If requested, you must provide a statu-
 company or a lawyer to determine what              tory declaration–a sworn statement
 optional benefits you have purchased,               describing the circumstances that gave
                                                    rise to your claim.
 Settlement                                  • If requested, you may be required to attend
                                               an examination under oath, where you will
 Regulation                                    be questioned by the insurance company.
                                               If required to do so, we urge you to have a
 Can a no-fault accident benefits claim be
                                               lawyer present to represent you.
 settled on a lump sum basis?
 Yes. However, in most cases these cannot be
 settled within one year of the accident.


 Summary of No-Fault
 Accident Benefits
 The following is a summary
 of some of the steps that
 must be taken to claim Acci-
 dent Benefits:
• Determine which insurance company should
  pay the benefits.
• You must provide “written notice” to the
  accident benefits insurer within 7 days of
  the accident.
• Complete an application for accident
  benefits within 30 days of receiving the
  forms from your insurance company.
• Your treating health care professional and
  your employer must complete certain forms.
• If requested, you must, within 10 business
  days of the request, provide your insurance
  company with information they need to
  determine your entitlement to accident
  benefits, such as hospital records and family
  doctor records.



                                                                                                 23
24
Slip/Trip and Fall Accidents
Slip/Trip and Fall Accidents

What is a Slip/Trip and Fall
Accident?
Have you slipped, tripped or fallen on
another person’s property because of ice
or snow, water, poor lighting, a dangerous
staircase or a hidden hazard? If so, you
may be entitled to compensation for your
pain and suffering, loss of income, health
care expenses, housekeeping and home
maintenance and any other economic
loss incurred. Please contact our firm
immediately and we will provide you with
the legal advice you need to successfully
pursue your claim for compensation.

Often, people contact our firm requesting
information about what they should do after
a slip or trip and fall accident. If you are one
of these people, please refer to the “After
an Accident” section of this booklet. If you
have any questions regarding your rights, you
should call us now for a free consultation at
1-800-JUSTICE®.
In general terms, a “slip and fall” or “trip and
fall” accident refers to situations where a person
is injured by slipping, or tripping, and falling due
to a dangerous condition on another person’s
property. Such falls can happen inside or outside        Where do slip/trip and fall accidents
a building, and be caused by such conditions             generally occur?
as bad flooring, wet floors, poorly lit steps, or, in      Slip or trip and fall accidents can occur
the case of outdoor accidents, weather-related           anywhere, including:
or hidden hazards. An icy area outside a door
                                                        • Apartment buildings     • Night clubs
or a crack, a raised ledge or pothole can be the
cause of a slip or trip and fall in a parking lot. In   • Private homes           • Restaurants
Ontario, ice is often the cause of many very            • Retail stores           • Parks
serious slip and fall accidents.                        • Shopping malls          • Public sidewalks
                                                        • Grocery stores




                                                                                                       25
      Making a Claim
      What am I entitled to if I am
      injured in a slip/trip and fall
      accident?
      In Ontario, if you’re injured in a slip or trip
      and fall accident, you may be able to sue for
      the following:
     • Pain, suffering, loss of enjoyment of life
     • Loss of income or inability to earn income
     • Health care expenses
     • Other losses

      Do family members have the right to sue
      if a family member is injured or dies?
      Yes. In the event of death or injury to a
      person, damages are awarded to their family
      members for loss of care, guidance and
      companionship.


      The Law Relating to
      Slip or Trip and Fall
      Claims
      All slip and fall accidents are covered by
      negligence law and deal with the concept of
      premises liability. Property owners have a
      “duty of care” to see that their property is
      reasonably safe. This includes ensuring that
      the building has no structural defects that
      could cause an accident, both inside and out.
      Structural defects can include: loose floor
      mats, rugs, or tiles; water on the floor; badly
      lit stairs or steps; cracks or holes in sidewalks
      or parking lots. Weather-related hazards may
      include standing water and icy spots.




26
 What is Reasonable?                                   • Did poor or broken lighting contribute to
 Did the property owner use their common                 the accident?
 sense? Was there something the property
 owner “should have known” was dangerous?               If the answer to one or more of these ques-
 Did the property owner use reasonable                  tions was in your favour, you may have a
 care to keep the property safe? A judge and            claim for compensation.
 jury will certainly take the answers to these
                                                        Who is Liable?
 questions into consideration.
                                                        For a property owner to be held legally liable
 If the property owner is careful in their              (or responsible) for your injuries, one of the
 efforts to keep the property safe and clean,           following must be true:
 they most likely have shown “reasonable”              • The owner of the premises (or an employee)
 care. Here are some initial questions you               must have caused a dangerous condition.
 can ask yourself to help determine if a
                                                       • The owner of the premises (or an employee)
 property or business owner may be liable
                                                         must have known of the dangerous condition
 for your injuries:
                                                         and failed to correct it properly.
• Did you slip and fall on ice, snow or snow
                                                       • The owner of the premises (or an employee)
  covered ice? If so, for how long was the ice,
                                                         “should have known” a dangerous condition
  snow or snow covered ice present? Was it
                                                         was present.
  a few hours or days from the last storm or
  weather event? Had any winter maintenance
  been performed? Did you see any salt or sand          Are there time limits to make
  and had the area been ploughed?                       a claim?
• Did you trip over a broken or uneven area of
                                                        The following time limits apply if you have
  carpet or floor, or did you slip on a wet area? If
                                                        slipped/tripped and fallen:
  so, was the dangerous condition in place long
  enough so the owner “should have known” about         Fall on private property:
  it? Has any accident happened there before?
                                                       • Sue within 2 years of the incident.
• Is there a schedule in place for regular
  maintenance and cleaning or repairing of the          Fall on a municipal (city) sidewalk:
  premises? If so, what proof does the owner           • Give written notice within 10 days of the
  have of this regular maintenance?                      accident.
• If you tripped over or slipped on an object          • Sue within 2 years of the incident.
  someone placed or left on the ground, was
  there a good reason for the object to be              Fall on provincial property:
  there? If there was a good reason for the
                                                       • Give written notice within 10 days of the
  object to be there, but that reason no longer
                                                         incident.
  existed, could the object have been removed
  or covered or otherwise made safe?                   • Sue within 2 years of the incident.

• Was there a safer place the object could have
  been located?
• Could a barrier have been created to warn
  people of a potential danger?

                                                                                                         27
28
Making a Claim &
Frequently Asked Questions
 Making a Claim
 & Frequently Asked Questions
 How do I proceed with
 a claim?
• Retain a lawyer from Preszler Law Firm.
• We will give written notice of your intention
  to sue.
• If you were injured in a motor vehicle ac-
  cident, we will make sure that the accident
  benefit claims are properly submitted to
  the insurer.
• We will compile the necessary medical docu-
  mentation and properly investigate your claim.
• We will start a lawsuit within the prescribed
  time limit.
                                                      • Loss or damage to vehicle – if not resolved,

 Claim Limits                                           must sue within 1 year of the accident.

                                                       Motor vehicle accident caused by
 There are time limits to all                          slippery road or non-repair of road:
 claims. How do I know how                            • Provincial Road – sue within 2 years of
                                                        the accident.
 much time there is?
                                                      • Municipal Road – give written notice
 The law in Ontario places a number of rigid            within 10 days of the accident; sue within
 and unforgiving time restrictions on your              2 years of the accident.
 right to pursue a claim. If you do not start a
 lawsuit within the time limit, it is possible that    Fall on a private property:
 you will lose your right to pursue a claim.          • Sue within 2 years of the incident.

 The following time limits apply:                      Fall on a municipal (city) sidewalk:

 Motor vehicle accident:                              • Give written notice within 10 days of the
                                                        incident.
• Inform the accident benefits insurer of the
  accident within 7 days.                             • Sue within 2 years of the incident.

• Complete the accident benefits application           Accident involving provincial streetcars
  within 30 days of the accident.                      or trains (GO Transit, etc.):
• Mediate and sue or arbitrate against the            • Sue within 2 years of the incident.
  accident benefits insurer within 2 years of a
  denial of a benefit.                                 Fall on provincial property:
• Give written notice to the at-fault party or        • Give written notice within 10 days
  parties within 120 days of the accident.              of the incident.
• Sue the at-fault driver within 2 years of the       • Sue within 2 years of the incident.
  accident.

                                                                                                       29
      Lawsuit against the provincial
      government:
     • Give 60 days notice before suing.
     • Sue within 2 years of the incident.

      Accident and sickness insurance:
     • Check the contract of insurance.

      Fatal accidents (death):
     • Generally, you must sue within 2 years
       of the accident (unless a shorter limitation
       period applies).

      Victims of assault:
     • Sue within 2 years of assault.


      Other FAQ
      How and when should I talk to the
      insurance company?
      When you are claiming accident benefits,
      you need to notify the accident benefits
      insurer and provide information in support
      of your claim. In most cases, your insurance
      company will send an insurance adjuster to
      meet with you and talk about the accident
      and your injuries. Here are some important
      points to remember:
     • Be aware that anything you say to the insur-
       ance adjuster will go into your file and can affect
       your future accident benefit and tort claims.
     • Only talk to the adjuster when you are
       medically able.
     • Get legal advice and know your rights
       before meeting with the adjuster. Why?
       Insurance companies deal with cases like
       yours all the time. This is likely your first
       time dealing with an adjuster. Things you
       say to your insurance company can hurt
       you immediately or in the future which is
       why you should have a lawyer as early in
       the process as possible. Keep the playing


30
 field level by knowing your rights.              at-fault driver if you were knowingly driving
• You have no obligation to speak to an           your car without car insurance. However,
  adjuster from the insurance company of          you remain entitled to claim medical,
  the at-fault person. However, if you choose     rehabilitation, and attendant care benefits.
  to, we recommend that you speak to a            How will the accident affect my
  lawyer first.                                   insurance rates?
 How do I complete all of the forms?              If the accident is your fault, your car insurance
 When you are claiming accident benefits           rates may increase. If the accident is not
 there are several forms that must be             your fault, your car insurance rates should
 completed before any benefits are paid.           not increase — even if you make a claim
 Preszler Law Firm can provide you with the       for benefits.
 forms and help you complete them during          What if the accident occurred while I
 the initial meeting.                             was working?
 What if the injured person cannot make           We suggest you consult a personal injury
 decisions due to incapacity?                     lawyer to determine if the claim should
 If an injured person has a severe injury that    be pursued through the insurance com-
 prevents the person from making his or her       pany or the Workplace Safety Insurance
 own decisions, then the family is entitled to    Board (WSIB).
 make decisions regarding treatment while         Who chooses the case manager or
 the person is confined to the hospital.           treatment providers?
 Thereafter, it is possible to appoint a person   The injured person is entitled to select case
 as a substitute decision-maker on behalf of      managers and other treatment providers.
 the injured person.                              We recommend that you interview qualified
 What if I am at-fault for the car accident       health care professionals before you make a
 — do I still have a claim?                       choice. Lawyers, social workers and insurers
 Yes, regardless of how the accident              can put you in touch with these professionals.
 happened or who caused it, your entitle-
 ment to accident benefits may be substan-
 tial, depending on your injuries.

 What should I do if I am hurt in a car
 accident and can’t work, go to school or
 take care of my children?
 There are benefits available to replace
 lost income, and to recover school expenses,
 and in certain circumstances, to pay child
 care providers.

 What if I was driving my car without
 car insurance and was involved in an
 accident?
 You cannot pursue a claim against any


                                                                                                      31
32
Why Preszler?




Why Preszler?
    Why a Preszler Law Firm Lawyer
    Is Right for You
    We understand that you may be                    lawyer is essential in order to resolve the
    uncomfortable dealing with a lawyer.             case with your best interests in mind. We
    Most of the people we represent have             have the resources, skill and determination
    never talked to a lawyer before. However,        to pursue your case through to trial.
    you will find that the assistance of an
    experienced personal injury lawyer is            What should I expect from
    informative and helpful.
                                                     my lawyer?
    You may also have concerns about the cost of     At Preszler Law Firm, when appropriate,
    talking to us. At Preszler Law Firm we provide   our lawyers are prepared to come to the
    free consultations, and we do not require any    hospital or to your home to meet you and
    payment until you receive compensation. Our      your family. There is no obligation or fee
    motto at Preszler Law Firm is that “there is     charged for the initial meeting. We have
    never a fee unless we recover money for you.”    a thorough understanding of personal
                                                     injury law and we are able to explain your
    Do I really need a lawyer?                       rights in clear language that you can eas-
    Seeking compensation for injuries is a           ily understand. We will be frank and open
    complicated process. You should not make         about what we can achieve for you and
    any decision without being fully aware of        what we will charge you. We will provide to
    all your rights. We restrict our practice        you a complete written explanation about
    to personal injury cases. We can help you        legal fees.
    understand your rights, and we can assist
    you with the following:                          What should I ask my
1   Early investigation of the circumstances         lawyer?
    surrounding the accident. This is very impor-
                                                     Ask us to explain the rights and obligations
    tant, as witnesses move, memories fade
                                                     that you have and the claim that you may
    over time, and records are not always kept.
                                                     pursue. We are accessible and experienced,
2   Your insurance company may not advise            with highly trained staff to assist with your
    you of all the benefits to which you are         case. You should ask us about our qualifica-
    entitled. We will.                               tions and depth of experience in handling
3   Your health care providers may suggest that      cases like yours. Be assured a Preszler Law
    you need services or goods for which your        Firm lawyer will be available to answer all of
    insurance company may not agree to pay.          your questions.
    We will work with you and your treatment
    team to ensure that you obtain access to all     Our Website is:
    reasonable and necessary treatment and           www.seriouslyinjured.ca
    rehabilitation services.
                                                     The Preszler Law Firm website provides up-
4   We will assist you in obtaining a fair and       to-date information regarding our firm and
    complete settlement of your claims.              other relevant information.
5   Claims against someone at-fault for your
    injuries are processed through the legal
    system. This process is complicated and a


                                                                                                      33
34
Help & Glossary
  Other Assistance

  How do I access                                 The Ontario Brain Injury Association
                                                  (OBIA)
  medical, government and                         Toll-free: 1-800-263-5404
  community resources?                           • OBIA will be able to put you in touch with
                                                   appropriate, local brain injury associa-
 Workplace Safety and Insurance Board
                                                   tions located across Canada and the
 (WSIB)
                                                   United States.
 Canada: 1-800-387-5540
 Ontario: 1-800-387-0750                         • These are not-for-profit organizations that
 Toronto: 416-203-4530                             can help you and your family deal with the
                                                   effects of brain injury.
• If you were injured at work or during the
  course of your employment.                     • They can provide resources for programs
                                                   and services available in your community.
• Claims must be made within 6 months
  of the injury.                                  The Canadian Paraplegic Association of
• In work-related accidents involving an          Ontario
  automobile, you may have the right to           Toll-free: 1-877-422-1112
  elect to receive accident benefits and          Toronto: 416-422-5644
  pursue a tort claim, rather than accept        • A not-for-profit organization to assist
  WSIB benefits.                                    people with spinal cord injuries.

 Criminal Injuries Compensation Board
 Toll-free: 1-800-372-7463
 Toronto: 416-326-2900
• If you were a victim of crime.
• A claim should be filed with the Board within
  2 years from the date of the incident.

 Ontario Human Rights Commission
 Toll-free: 1-800-387-9080
 Toronto: 416-326-9511
 If you have been discriminated against
 or inappropriately terminated from your
 employment.

 Canada Pension Plan (CPP)
 Toll-free: 1-800-277-9914
• If you have questions regarding
  retirement pension, disability benefits,
  death benefit, children’s benefits and sur-
  vivor’s pension.




                                                                                                35
     Glossary of terms
                                                      Scale. A person having a catastrophic
                                                      impairment becomes entitled to maximums
                                                      of $1,000,000.00 for medical/rehabilitation
     Accident Benefits                                 needs, plus $1,000,000.00 for attendant
     Benefits in the form of money or assistance       care plus housekeeping expenses, payable
     provided to persons injured in a motor vehicle   over the lifetime of the injured person.
     accident, regardless of who is at fault. Types
     of accident benefits include non-earner, in-      Damages
     come replacement, caregiver, attendant care,     The losses the plaintiff has suffered because
     medical, rehabilitation, education, damage to    of the defendant’s conduct. These losses can
     clothing, visitation, housekeeping and home      take many forms including compensation
     maintenance, funeral, etc.                       for pain and suffering; loss of past, present
                                                      and future income; health care costs; loss of
     Adjuster                                         social or familial relationships; etc.
     A person who investigates and/or
     adjudicates insurance claims on behalf           Deductible
     of an insurance company.                         In lawsuits arising from a motor vehicle
                                                      accident, after an award for compensation
     Attendant Care                                   for pain and suffering is established in court
     A type of accident benefit an injured person      or during the settlement negotiations, the
     receives to pay for care/assistance in his       award may in some cases be reduced by a
     or her daily living. Assistance may take the     statutory amount.
     form of cooking, cleaning, helping the injured
     person get dressed or supervising the injured    Defendant
     person. The cost of providing attendant care     A person and/or corporation that is being
     may be paid by the insurance company to          sued by a Plaintiff. Examples of defendant
     the person providing the care, whether it is a   corporations include an insurance company,
     health care professional or a family member.     a leasing company, a municipality, a tavern, a
                                                      property owner, a hospital, etc. Most defen-
     Case Manager (Qualified)                          dants in personal injury lawsuits are insured.
     A rehabilitation professional who coordinates    A defendant’s insurer will usually appoint a
     rehabilitation services following an injury.     lawyer to act on behalf of the defendant.
     Catastrophic Impairment                          Glasgow Coma Scale
     The most serious of personal injuries.           A medical test used to determine brain
     Examples include: quadriplegia; paraplegia;      impairment resulting from an accident. It
     amputation of arm or leg or impairment           is based on a scale of 3 to 15, with a lower
     causing the total and permanent loss of use      score often indicating a more serious injury.
     of an arm or leg; total loss of vision in both   A score of 9 or less usually results in the
     eyes; injuries resulting in an impairment        person being deemed to have sustained a
     of 55% or more of the whole person; brain        catastrophic impairment.
     impairment measured by a score of 9 or
     less on the Glasgow Coma Scale; marked           Health Care Expenses
     or extreme mental or behavioural impair-         A category of tort entitlement that includes
     ment; and severe disability from brain injury    goods and services for medical expenses,
     measured using the Glasgow Outcome               rehabilitation, and attendant care.

36
“Incurred” Expense                              benefits. The injured person has the right
New definition of “incurred” requires the        to refuse this assessment and may do so
claimant to pay or promise to pay the           without penalty.
expense and requires that the service
provider provide the service in the course      Plaintiff
of the employment, occupation or profes-        A person who has sued another person,
sion, in which he/she would have normally       corporation or insurer (the “defendant”).
been engaged, but for the accident, or that
                                                Statement of Claim
the person has suffered an economic loss in
                                                A document that begins a lawsuit and
order to provide the service.
                                                claims “damages” from one or more
Insurer Examination/                            defendants based on the defendant’s acts
Section 44 Assessment                           or omissions causing loss, injury or harm
The insurer may appoint health care             to the Plaintiff. A Statement of Claim is
professionals of their choosing, to perform     generally prepared by the Plaintiff’s lawyer.
assessments in order to determine whether
                                                Statement of Defence
to pay a benefit.
                                                A defendant’s response to the Statement of
Limitation Period                               Claim. It is usually prepared by the defendant’s
When a person suffers an injury, the law        lawyer. Often, it will deny the allegations
imposes a time limit in which to issue a        made in the Statement of Claim.
Statement of Claim. If one fails to issue the
                                                Threshold
Claim within the time allotted, all rights to
                                                A level of impairment or disfigurement
compensation are lost.
                                                that a Plaintiff must prove in order to
Minor Injury                                    recover certain compensation in a
One or more of a sprain, strain, whiplash       motor vehicle tort claim. This means that
associated disorder, contusion, abrasion,       the injury must be either a permanent,
laceration or subluxation and any clinically    serious disfigurement (like a scar) or a
associated sequelae.                            permanent, serious impairment of an
                                                important physical, mental or psychological
Optional Benefit                                 function. There are many court decisions
Additional Benefits purchased by the             that help a lawyer specializing in personal
Insured or in some cases a family member        injury law to advise you about whether
of the Insured.                                 your injuries “meet the threshold.”

Personal Injury Law                             Tort
The area of law that involves persons who       An area of law in which one party sues and
have been injured in an accident. Accidents     seeks monetary compensation (money) for
include motor vehicle, slip and fall, medical   injuries and losses suffered because of the
malpractice, boating, assault, etc.             fault or negligence of another party. This
                                                contrasts with accident benefits (no-fault
Pre-Claim Examination                           benefits) where benefits are paid without
The accident benefit insurer may request         reference to fault.
an assessment by health care professionals
of its choosing, before you even apply for


                                                                                                   37
38
Expense Journal
  Expense Journal

  Keeping Track
   Expenses that you incur as a result of your
   injury may be recoverable. It helps to keep
   track of any out-of-pocket expenses, and
   receipts for any costs including
• Ambulance Fees
• Visitor Accomodations (hotel, taxi, etc.)
• Medication / Treatment
• Assistive Devices (wheelchair, crutches, etc.)
• Replacement of damaged clothing
• Housekeeping
• Daycare or babysitting



   ITEM #     DATE            DESCRIPTION          AMOUNT

       1

       2

       3


       4


       5


       6

       7


       8


       9


       10


       11


       12


       13


       14




                                                            39
     ITEM #   DATE   DESCRIPTION   AMOUNT

        15

        16

        17


        18


        19


        20


        21

        22


        23


        24


        25


        26


        27


        28


        29


        30


        31


        32


        33

        34


        35


        36


        37


        38


        39


        40




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LEGAL DISCLAIMER
The information contained within this booklet is provided for informational purposes only. It is not intended as a
comprehensive statement or legal opinion for any particular purpose.

While Preszler Law Firm endeavours to provide complete, accurate and current content, it is possible that the infor-
mation contained in this booklet could include typographical or other errors. Preszler Law Firm believes that each fact
situation requires individual care and attention and we urge users to seek the advice of a legal professional and not
rely on the information provided in this booklet.

Your use of this booklet or any information that you may obtain from this booklet does not create a solicitor-client
relationship in fact or by implication.

By accessing this booklet, it is agreed that the laws of the Province of Ontario and the laws of Canada applicable
therein governs any interpretation, validity and effect of the terms of use, notwithstanding any conflict of laws relating
to such provisions and jurisdiction from where you may be accessing this booklet.

Preszler Law Firm is not responsible for damages of any sort in any way, and howsoever caused arising out of, or
otherwise in connection with, the use of this booklet in reliance with any of the information available in this booklet.




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                                           The Future is Brighter




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