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Covid-19 Long-Haulers and Disability Benefits

Personal injury lawyers aim to help long-term disability clients access the benefits they deserve. Long-term disability clients typically have severe spinal cord injuries, brain injuries, chronic pain, cancer, various mental/emotional disorders and similar conditions that make work very difficult or impossible. “Long-haulers” experience persistent COVID symptoms that can last for months. Unfortunately, insurance companies have been unable to provide benefits to these individuals. “Long COVID” or “Covid Long-Haulers” Three strains of COVID include acute COVID-19, ongoing symptomatic COVID-19, and post-COVID-19 syndrome, according to The National Institute for Health and Care Excellence (NICE). The symptoms of Post-COVID-19 syndrome: acute COVID-19 is the [...]

Covid-19 Long-Haulers and Disability Benefits

Covid-19 Vaccines and Personal Injury Compensation

The Public Health Agency of Canada (PHAC) has stated that the likelihood of becoming severely injured by a COVID-19 vaccine is less than one in a million. However, complications will inevitably arise over the next several months with the administration of tens of millions of doses, and patients who experience those complications may opt to seek compensation accordingly. The federal government has recently announced its upcoming national vaccine-injury support program. This program will offer “no-fault support” to anyone who experienced serious side effects from receiving the vaccine. Support programs that focus on vaccine injuries protect vaccine recipients who experience severe side [...]

Covid-19 Vaccines and Personal Injury Compensation

Slipping or Falling on a City Sidewalk. Can I Sue the City?

Every year, thousands of people slip and fall on public sidewalks and in and around Ottawa. In many instances, these falls do not cause serious injury, or any injury at all. Unfortunately, many people are not so lucky, and their falls result in serious injuries and ongoing problems. In some cases, people get up and carry on their way, and only later discover that they have suffered an injury and require medical attention. There are a number of things we can all do to avoid slipping and falling in bad conditions, and they are mostly common sense: Wear suitable boots or [...]

Slipping or Falling on a City Sidewalk. Can I Sue the City?

Whiplash Claims in Ontario

Whiplash injuries are caused by the rapid acceleration and deceleration of the body as a result of an impact.  For example, if a driver is waiting at a red light when her vehicle is hit from behind, she will be thrown forward in her seat, and then backward after she is restrained by the seatbelt. The rapid acceleration and then declaration cause a whip-like effect, and the forces that are experienced by the neck and upper back can be very severe.  Sometimes whiplash injuries are very minor, and the strain or sprain resolves in a matter of weeks.  But sometimes, and [...]

Whiplash Claims in Ontario

Personal Injury Claims Involving Children

Personal injury claims involving children are among the most heartbreaking of all, and families facing a long rehabilitation process and an uncertain future need an experienced personal injury lawyer on their side. The legal process can be daunting, and parents need to understand how it works so they can protect themselves and their families. Injuries to children can arise in any number of ways, but the most common causes include: – Car accidents – Bicycle accidents – Sports injuries – Accidents at school – Defective toys and/or products There are often multiple causes leading to an accidental injury, and most injuries are preventable through [...]

Personal Injury Claims Involving Children

Denied Accident Benefits By Your Insurance Company. What Can You Do?

In Ontario, all drivers are required by law to have automobile insurance. If you drive a car without proper and valid insurance, you risk a very serious fine. If you drive a car without proper and valid insurance, you may not be able to recover some benefits if you are involved in an accident, even if the accident was not your fault. Statutory Accident Benefits (or SABs) are the benefits that motorists (or pedestrians, or cyclists) are entitled to if they are injured in a motor vehicle accident. The benefits available to injured accident victims, irrespective of fault, include Income Replacement [...]

Denied Accident Benefits By Your Insurance Company. What Can You Do?

Electric Scooters and their Terms of Use: Renter Beware

If you have spent any time in downtown Ottawa lately, you will have noticed a new type of public transportation that has appeared on the streets.  Three operators – Bird Canada, Lime, and Roll – are bringing up to 600 shared e-scooters to the City’s pathways, bike lanes and streets. The scooters are scattered across the downtown core and can be located through GPS mapping. And while their appearance on our streets may be a blessing to some (young people, for instance) or a curse to others (taxi and Uber drivers come to mind), their use does raise legal issues that [...]

Electric Scooters and their Terms of Use: Renter Beware

Internal Appeals and Disability Claims. When does the Clock start Ticking?

Ontario’s basic two-year limitation period for issuing civil claims has been suspended in response to the global pandemic and the closing of the Courts for all but the most urgent matters. An Order in Council has been made under the Emergency Management and Civil Protection Act, effective immediately. Litigation deadlines set out in the Rules of Civil Procedure have also been suspended, including the six-month window in which to serve an issued claim.The suspension of limitation periods is set to expire on June 14, 2020, unless it is renewed.  We anticipate that limitation periods will remain suspended for the duration of [...]

Internal Appeals and Disability Claims. When does the Clock start Ticking?

Stop the Clock

Ontario’s basic two-year limitation period for issuing civil claims has been suspended in response to the global pandemic and the closing of the Courts for all but the most urgent matters. An Order in Council has been made under the Emergency Management and Civil Protection Act, effective immediately. Litigation deadlines set out in the Rules of Civil Procedure have also been suspended, including the six-month window in which to serve an issued claim.The suspension of limitation periods is set to expire on June 14, 2020, unless it is renewed.  We anticipate that limitation periods will remain suspended for the duration of [...]

Stop the Clock

The Cooling Off Period and Settlements at Arbitration

The Consumer Protection Act, 2002, consumers have the right to cancel a contract if the contract includes a “cooling-off” period. The Insurance Act provides similar protection for claimants under an automobile insurance policy who have reached an agreement to settle their accident benefits claims with their insurer. Section 9.1(4) of Ontario Regulation 664: Automobile Insurance under the Insurance Act, R.S.O. 1990, c. I.8 offers the following “cooling-off” period: The insured person may rescind the settlement within 2 business days after the later of the day the insured person signs the disclosure notice and the day the insured person signs the release. [...]

The Cooling Off Period and Settlements at Arbitration

At McNally Gervan we represent accident victims who have suffered catastrophic and serious personal injuries. We have the experience, the determination, and the resources to level the playing field. Contact us for a free consultation with a personal injury lawyer and tell us what happened.

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