Chronic Pain is not a Minor Injury

2023-09-29T19:44:48-04:00

A recent decision of an arbitrator has confirmed that chronic pain syndrome can be enough to get an accident victim out of the Minor Injury Guideline.  Under the guideline accident victims are entitled to significantly reduced medical and rehabilitation benefits. In Arruda v. Western Assurance Company the insured accident victim suffered from soft tissue injuries and psychological impairments arising from her physical injuries. After Ms. Arruda's medical and rehabilitation benefits were exhausted under the Minor Injury Guidline she applied for further treatment which was denied. Ms. Arruda's injuries had initially been described as muscle and ligament strains and sprains.  But twenty months post-accident [...]

Chronic Pain is not a Minor Injury2023-09-29T19:44:48-04:00

Insurers Play Hardball at Their Peril

2023-09-29T19:46:13-04:00

A decision of the Ontario Superior Court has reinforced that automobile insurers cannot take unreasonable settlement positions in lawsuits.  If they do, they may face cost consequences at the end of the day. After a jury verdict was handed down in a chronic pain case, Justice Howden was asked to award costs to the successful plaintiiff.  His honour applied his experience on the bench to arrive at a global assessment, looking at more than just the bill of costs submitted by the plaintiff.  In the end, Justice Howden mposed a penalty on the insurer defendant based upon the criteria set out [...]

Insurers Play Hardball at Their Peril2023-09-29T19:46:13-04:00

ATV Laws are Changing

2023-09-29T19:47:27-04:00

For many years most of ATVs and recreational vehicle operators have not been permitted to use public roads. Starting on July 1, 2015, the province is making changes to permit certain types of vehicles to use the shoulder of public roads and they have implemented safety requirements. Please click the following link to view the Ontario government’s news release on increasing on-road access for off-road and all-terrain vehicles. http://news.ontario.ca/mto/en/2015/06/ontario-increasing-on-road-access-for-off-road-and-all-terrain-vehicles.html?utm_source=ondemand&utm_medium=email&utm_campaign=p Our Ottawa personal injury lawyer has represented victims of ATV and recreational vehicle accidents and we have dealt with complicated insurance coverage disputes that arise from improperly insured off-road vehicles. Victims of ATV [...]

ATV Laws are Changing2023-09-29T19:47:27-04:00

McNally Gervan’s Jaimie Wilson on CBC Radio

2023-09-29T19:49:13-04:00

Jaimie Wilson appeared on CBC news recently to discuss the risks of leaving your home unattended for even a few days.  Most people don't read the fine print of their homeowner's policies and are often surprised to find out they are not always covered while they're away on vacation.  Listen to the whole interview here: http://www.cbc.ca/player/AudioMobile/Ottawa+Morning/ID/2664987491/

McNally Gervan’s Jaimie Wilson on CBC Radio2023-09-29T19:49:13-04:00

McNally Gervan adds new Ottawa Lawyer

2023-09-29T19:50:33-04:00

We are excited to announce that effective April 1, 2015 lawyer Jaime Wilson has joined our McNally Gervan team. Jaime attended the University of Ottawa and received an Honours B.A. before going on to study law at Dalhousie University in Halifax.  She received her Juris Doctor in 2011 and was called to the Ontario Bar in June 2012. Jaime has built a practice focused on insurance claims of all kinds including personal injury litigation. Jaimie is a passionate and determined Ottawa lawyer who is capable of resolving disputes in the courtroom if matters cannot be resolved out of court. We are thrilled to have her [...]

McNally Gervan adds new Ottawa Lawyer2023-09-29T19:50:33-04:00

The Stress Caused By Injuries Affects The Whole Family

2023-09-29T19:52:18-04:00

At McNally Gervan LLP, our Ottawa-based accident lawyers have helped thousands of people who have been injured in car accidents, slip and falls, and defective products. Unfortunately, many of our clients are left with permanent injuries that leave them unable to complete household, personal care, and other activities like they used to. For individuals who are dealing with chronic pain or other lasting disabilities, this can often result in stress, anxiety, and depression. In many serious injury cases, such as spinal cord or brain injury, the whole family becomes affected with everyone else having to chip in to replace the lost [...]

The Stress Caused By Injuries Affects The Whole Family2023-09-29T19:52:18-04:00

What Is Objective Evidence of Chronic Pain?

2023-09-29T19:53:35-04:00

Court Concludes that Orthopaedic Insurer Examinations Have Little Value in Chronic Pain Cases One of the more frustrating aspects of practicing in accident benefits law that that insurance companies repeatedly send claimants who have soft tissue, chronic pain injuries to orthopedic surgeons for independent medical examinations to determine their eligibility for certain benefits or the reasonableness of treatment plans. They are requested to perform these assessments even though they are typically outside their area of expertise. Way more often than not, the assessment invariably finds “no objective evidence on ongoing impairment”, following which, the insurer denies all benefits.  In a recent [...]

What Is Objective Evidence of Chronic Pain?2023-09-29T19:53:35-04:00

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