Bradon Lamoureux, 23, was enjoying summer weather, swimming with friends in the Lake-of Bays area. Like many people do, he decided to dive into the water. What he did not realize at the time was that the water he was diving into was less then a meter deep. Bradon hit his chin, tragically severing his spinal chord and damaging his vertebrae.

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A study conducted at Duke University by the director of their medical center’s neurosciences critical care unit has concluded that a person who has been in a motor vehicle accident, or taken a fall, and receives a blow to the head that at first seems minor and does not result in immediate pain or other symptoms …….. may , in fact, have received a life – threatening brain injury.

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On May 12, 2011, Bill 173, otherwise known as the Better Tomorrow for Ontario Act was brought into effect. Although most Canadians paid this Bill very little attention, changes to the Insurance Act found within Schedule 21 of the Bill sent ripples through the insurance industry.

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78% of STD claims and 67% of LTD claims in Canada are related to mental health issues.

Neinstein & Associates, independently of recent published articles, has experienced in many of our own files that this is the case. Perhaps some of our personal injury clients had some pre-existing issues prior to their motor vehicle accident. Perhaps some of our personal injury clients acquired, due to head injury, or the stress of pain and suffering, inability to work, loss of interpersonal relationships, psychological and mental issues as a result of their accident, slip and fall, or other traumatic personal injury.

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Every year, Neinstein & Associates sponsors several charity golf tournaments. Upcoming tournaments include the St. Mikes Hospital Foundation Out of the Rough Golf tournament for the prevention, treatment and support of head injury care, and the Peterborough Regional Health Centre Foundation Golf Tournament.

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Neinstein & Associates Hosts the 7^th Annual Fundraising event benefiting the Ontario Brain Injury Association (OBIA) and the Brain Injury Society of Toronto (BIST)

For the past six years, the Ontario Brain Injury Association (OBIA) and the Brain Injury Society of Toronto (BIST) have co-hosted a special gathering to celebrate the members who work together for a very important and relevant cause: to support those in the community who are living with the effects of acquired brain injury (ABI), along with their families, friends and caregivers, through advocacy, education, and services.

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In January 2010, the Rules of Civil Procedure extended the monetary limits of both Small Claims Court and matters under Simplified Procedure.  Due to a large backlog, especially in Toronto, the ordinary civil system has long wait times and can be very expensive. The increase in the monetary limits for Small Claims Court and Simplified Procedure means that if Plaintiffs have more modest claims, they can pursue their claims outside of this system and hopefully achieve a resolution much faster.

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In Phillip Carr v. TD General Insurance Company, Financial Services Commission of Ontario (FSCO) arbitrator Judith Killoran wrote a compelling decision requiring insurers to review their medical reports with a fine tooth comb before refusing to provide funds to injured claimants.  (more…)

Due to an influx of Applications for Mediation at FSCO applicants are currently waiting for 8-10 months prior to having a Mediation date scheduled.  What does this mean for the injured person?  A delay in discussing the issues in dispute means a delay in receiving funds for necessary treatment, rehabilitation and/or weekly benefits and a delay in further advancing a claim.
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It’s that time again….the legislation has once again changed and unfortunately most of the changes benefit the Insurance Companies rather than the injured person.

One of the most significant changes to the Accident Benefits Schedule is the extreme reduction of benefits. Medical and Rehabilitation Benefits have been slashed in half (from $100,000.00 to $50,000.00) and the maximum for Attendant Care Benefits has also been cut in half (from $72,000.00 to $36,000.00). In addition Housekeeping and Caregiver benefits have been eliminated (unless a person is deemed Catastrophic). (more…)