FAQs

Personal Injuries

What is a personal injury?

Here is a list of some of the more common examples of what are described as personal injuries:

• Motor vehicle accidents.
• Brain injuries.
• Spinal cord injuries.
• Injury from defective products.
• Slip and fall accidents on municipal or private property.
• Catastrophic injuries.

What if the insurer refuses to pay a benefit I have applied for?

There are a number of dispute resolution processes, including mediation, court or binding arbitration and a court action. Your options and prospects of success should be discussed with JUSLAW with the options and practices relating to each one.

What should I do when in a motor vehicle accident?

• Call the police of the accident and record the attending officer’s name and badge number and obtain police report
• Record the names of any witnesses and all those directly or indirectly involved in the accident.
• Contact your family doctor.
• Contact your insurance company within 7 DAYS.
• Report your injury to your employer or school.
• Record the names of all attending health care professionals.
• Keep all receipts for related expenses including those incurred by family members helping the injured person.

• Keep a record of the victim’s health problems.
• Check for health and injury coverage provided through your employer, credit card or other sources.

How do I claim accident benefits?

You must file a formal application in the prescribed form with the Accident Benefits Insurer. The specific automobile insurer is the first of the following list that applies to you:

• The insurer of the vehicle you own or are insured for;
• The insurer of the vehicle in which you were travelling when injured;
• The insurer of any other vehicle involved in the accident.
• If there is no insurer described in 1), 2), or 3) (above), you must apply to the Motor Vehicle Accident Claims Fund.

There are important time limits that you must comply with in order to obtain Accident Benefits and maintain your continuing entitlements:

• You MUST provide notice to the accident benefits insurer within 7 day of the accident;
• You MUST complete and submit an application for accident benefits within 30 days of receipt from the insurer.

As part of the application process, your treating health care professional and your employer must complete certain forms. In addition, you may berequired to do some or all of the following:

Furnish the insurer with information they need to determine entitlement to accident benefits, including hospital and family physician records;

• Provide a health practitioner’s disability certificate;
• Provide a statutory declaration about the circumstances giving rise to your claim;
• Attend an examination under oath to be questioned by an insurer’s representative;
• Attend for a medical examination on behalf of the insurer.

 

By consulting a legal professional in the area of personal injury, you will be informed of the different options available to you such as income replacement benefits and short-term disability. Your legal representative will negotiate with your insurance company to provide you with the best possible coverage for your particular needs.

Traffic Tickets

What should I do when I got a traffic ticket?

If you feel you were unjustly charged under the Highway Traffic Act, the Compulsory Automobile Insurance Act, you should consider contact us for legal representation.

How much time do I have to dispute a ticket?

Fifteen days from the day when the offence notice issued.

What happens if I don’t take any action?

You could be deemed not to dispute the charge and found guilty in your absence on the basis of your failure to respond. Then, if you fail to pay the fine and costs within 15 days, your licence could be suspended for unpaid fines.

When I find an error on a ticket, will my case be automatically dismissed?

Not necessarily. Minor errors are usually just amended for accuracy. Only if the error or omission causes prejudice in any way then could there be grounds for a request to have the charge stayed or quashed.

Is it always good for me to plead guilty with an explanation and ask for a lesser fine and/or no points?

Not recommended. You can plead guilty but the Justice of the Peace has no control or authority over demerit points as statutorily set by the law. As for the fine, the Justice of the Peace has discretion under the Provincial Offences Act to reduce the fine if there is justifiable reason to do so, but there is no guarantee that the judge will always do that.

If the police officer does not show up for the trial, will my case be automatically dismissed?

Sometimes yes. The provincial prosecutor has the right to request an adjournment to another day just as the defence has if there is a valid reason. However, on minor traffic matters, many provincial prosecutors will withdraw the charge if the officer is absent rather than require the defendant to attend another day.

How many years do demerit points stay on my driving record?

The demerit points will stay on your record for two to three years, but the information may remain on the Ministry of Transportation computer for several years even after points have been restored. This data is often used by insurance companies in their decisions regarding new policies or renewals as well as by employers with respect to their hiring policy of drivers.

I missed my court trial date and was convicted. How can I appeal?

JUSLAW can do the entire application and appeal process for you. Contact us for more details.