Newsletter - Neinstein Personal Injury Lawyers

Our Newsletter

We are very excited about our firm’s ongoing success. We are continuing to grow with more lawyers and support staff joining us …read more

We are delighted to announce that Rose Leto has been offered Partnership with our firm. Congratulations Rose, we look forward to your many years of continued success …read more

Called to the bar in 1970, Gary Neinstein has been practicing almost exclusively in personal injury law from the start. He has always been a champion for the underdog. He has fearlessly advocated for survivors of trauma, and earned a reputation as a tenacious trial lawyer…read more

Greg Neinstein chaired another successful event. On June 14, 2012, legal and rehabilitation professionals, caregivers, family and friends gathered to raise awareness of brain injury by participating in the 8th Annual Mix and Mingle for Brain Injury…read more

We are proud to announce Stacy Koumarelas as the newest partner at Neinstein. Stacy has established herself as a diligent lawyer, skilled negotiator and dedicated mentor…read more

As the year ends, we wish for you and your family much health and happiness. May you have a festive season and great success in the New Year…read more

Once again, the Liberal government has quietly, without any input or debate from various stakeholders, such as plaintiff lawyers, health care providers and above all accident victims passed legislation that radically changes and restricts our clients’ ability to claim Attendant Care and Medical & Rehabilitation Benefits…read more

In “Brown and Commonwell Mutual Insurance Group”, the insurer demanded 5 in person assessments in response to our client’s application for catastrophic benefits (OCF­19). Greg Neinstein and Sebastian Gallagher rejected this approach and stated that this was a legal test…read more

This year’s holiday initiative was inspired by the spirit of doing a Mitzvah, the Hebrew word meaning a good deed or an act of human kindness. The idea was simple: to spread warmth to those who would be needing it most this season…read more

Neinstein LLP is excited to announce that Duncan Embury has joined the partnership and will be heading our Medical Malpractice Group…read more

Once again, Neinstein LLP is honoured to be nominated by Canadian Lawyer Magazine as one of Canada’s Top 10 Personal Injury Law Firms. This survey highlights firms from across Canada who have showed exemplary service throughout the years…read more

Yesterday, Finance Minister Charles Sousa announced further restrictions to Accident Benefits coverage in Ontario…read more

The Ontario government is proposing reducing accident benefits. Victims of a car accident will face more suffering if the Ontario government’s changes to cut auto insurance benefits are made…read more

Neinstein is proud to announce our partners recommended by the Canadian Legal Lexpert Directory…read more

Neinstein LLP wishes you a warn holiday seasons and a prosperous New Year…read more

Neinstein Personal Injury Lawyers is excited to announce the launch of our new website! We are very proud of our team of lawyers and the quality of work that we provide.…read more

Neinstein Personal Injury Lawyers is proud to announce that Gary QC., Greg, and Jeff Neinstein, and Duncan Embury have been voted into the 2016 edition of the prestigious Canadian Legal Lexpert Directory.…read more

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Personal injury lawyers criticize statutory deductible for general damages

In the early 1990s, as part of an effort to implement no-fault insurance in Ontario, the provincial government announced a $10,000 statutory deductible on compensation for general damages incurred in motor vehicle accidents. The goal was to discourage lawsuits for minor injuries with the expectation that newly available accident benefits would make up for lost awards.

When it was introduced, many personal injury lawyers saw the deductible as an acceptable price to pay for no-fault insurance – but times have changed. A recent Ontario Trial Lawyers Association (OTLA) blog post called the statutory deductible “the law that may be most frequently used to punish innocent accident victims in Ontario to the benefit of bad drivers and their insurers.”

What are General Damages?

When a person is injured in a motor vehicle accident, they have the right to seek compensation for their pain and suffering. This type of compensation is referred to as general damages; in some cases, it may be the only form of compensation that the plaintiff seeks.

What is a Deductible?

From an insurance perspective, a deductible is an amount of money that policy holders must pay before the insurance provider contributes. For example: if your car incurred $1,000 worth of damage in a fender-bender and your insurance policy included a $500 deductible, the insurer would contribute just $500 toward repairs.

The statutory deductible works the same way. If you incur general damages valued at $100,000 in a motor vehicle accident, you will only receive $62,000 in compensation. Or, if your damages are calculated at less than $37,500, you risk walking away with nothing.

Please note: the statutory deductible only applies for awards of less than $126,610.07.

The Main Issue

At the heart of personal injury lawyers’ opposition to the statutory deductible is its growing imbalance with general damages awards, which have not risen in unison with the deductible, and available accident benefits, which have been significantly reduced in recent years.

“The deductible has grown considerably, while benefits are shrinking considerably, which I find very concerning,” one Ontario personal injury lawyer told Law Times in November. “While I appreciate quick access to medical benefits means better outcomes, when that amount is only $3,500 for most people, it’s not possible to get adequate treatment and set yourself on the path to recovery.”

Additionally, the Province of Ontario’s threshold test for personal injury lawsuits largely accomplishes what the statutory deductible was intended for: to limit civil action over minor injuries.

An Ontario Personal Injury Lawyer Can Help

If you’ve been injured in an automotive accident, contact Neinstein Personal Injury Lawyers today to arrange a free, no-obligation consultation. Our experienced team of Toronto personal injury lawyers has been assisting seriously injured accident victims for decades, and can provide guidance and advice as your travel the road to recovery.

Stay safe on the snowmobile trails this winter

Thirty-three-year-old Scott McPherson may have been the first snowmobiler to lose his life in Ontario this winter, but he is unlikely to be the last. The man’s body was recovered from an Eastern Ontario lake in late November, prompting the Ontario Provincial Police (OPP) to release a public warning, the contents of which every Ontario snowmobile accident lawyer will find painfully familiar.

“No ice is ‘safe ice,’” the statement reads. “Underlying water currents or air pockets can create thin ice, even in the coldest temperatures. Snowmobilers can’t see this until it’s too late.”

The police service is hoping to avoid a repeat of the 2016-17 winter season, during which snowmobile-related deaths reached a ten-year high. Approximately a third of the fatalities involved breaking through shallow ice and many were linked to speeding, impairment, and other risky, avoidable behaviours.

Like every Ontario snowmobile accident lawyer, the Ontario Federation of Snowmobile Clubs (OFSC) understands that some of its members take unnecessary risks on the trails. Together with the OPP, the province’s primary organizing body for snowmobilers is aiming to effect change.

“Working in partnership with the OPP on snowmobile safety these past several years continues to be an effective way to promote safe snowmobiling, with the aim of reducing the number of snowmobile fatalities,” OFSC Manager of Participation and Partnership Develop said last year in a release. “While we are pleased to see many snowmobilers using OFSC trails safety and responsibly, there are still a number of them taking unnecessary chances and making bad riding choices.

During Ontario Snowmobile Safety Week 2017, the organization published a comprehensive list of safety tips ‘for arriving home safely after each ride.’ The list advises riders to stay on open OFSC trails; only ride in good visibility conditions; maintain space between riders; use hand signals; remain on the right-hand side of the trail; never cross ice alone; and always be vigilant and prepared for accidents by carrying a survival kit and reliable communications device.

Snowmobile accident

Snowmobiling is an intimate, engrossing way to experience Ontario’s unique winter landscape; by adhering to common sense safety protocols, it can also be a safe one.

If you or a member of your family has suffered a serious injury in a snowmobiling accident, contact Neinstein Personal Injury Lawyers today to speak with an experienced Ontario snowmobile accident lawyer. For more than 40 years, our team of knowledgeable and understanding representatives has fought for the rights of some of the province’s most seriously injured accident victims. Call today to learn how we can help.

 

Image credit: Yellowstone National Park/Flickr

 

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