Fracture

Cycling Deaths Lead to Calls for Increased Ottawa Bicycle Infrastructure

Two Ottawa cycling deaths this summer, combined with multiple Ottawa cycling injuries and countless close calls have left Ottawa bicycle enthusiasts spinning. If we accept that we are in a climate crisis (and how can we not?), surely we must do everything in our power as a City to promote and protect citizens who travel without fossil fuels. In a city as geographically large as Ottawa, cycling is one of the few no-emission options.

Some Improvements in Local Roads

The City of Ottawa has taken a number of strong steps to make cycling safer. The “complete streets” on Churchill Avenue and Main Street are good starts. However, aren’t they kind of complete streets to nowhere? More needs to be done so that cyclists can travel around the city safely on a consistent and integrated system of bikeways.

Consequences of Cycling Accidents

As personal injury lawyers, we see the aftermath of cycling collisions with motor vehicles on a daily basis. In fact, the firm’s first ever personal injury case was a dooring case. The three most common bicycle- motor vehicle collisions we see are:

* Dooring –> when a bike is struck by a door opened from a park car. This can happen on the driver or passenger side. Backseat passengers are also potential culprits.
* Right Hooks –> when a bike is going straight through an intersections and a right-turning vehicle t-bones them.
* Sideswipes –> when a vehicle passes the cyclist too closely on the right, striking the cyclist or running them off the road or both.

Cycling collisions can result in life threatening injuries and death. Cycling accidents can also cause fractures, chronic pain, concussion, road rash and lacerations. Many of our clients who are injured as cyclists suffer a loss of income and require health care services that are not covered by OHIP, such a physiotherapy.

How Auger Hollingsworth Can Help

At Auger Hollingsworth, we help injured cyclists by helping you access accident benefits and by pursuing compensation from the vehicle that struck you, typically by negotiating a settlement with their insurance company.

If you would like to speak to a personal injury lawyer about an injury you suffered as a cyclist, contact us by calling 613-233-4529.

Pedestrian Accident at Booth and Carling in Ottawa West

A 47-year old man was struck by an SUV at the intersection of Carling Avenue and Booth Street on October 12, 2013, Thanksgiving Saturday.  The pedestrian was said to have suffered serious orthopedic injuries, as well as a head injury.

The accident occurred around 5:30 p.m.

What to expect after a serious Ottawa pedestrian accident?

If you have been injured in an Ottawa pedestrian accident, your medical condition should be your top priority.  Attending the hospital as required, participating fully in prescribed therapy and pushing yourself to rehabilitate are the most important actions you can take.

In order to allow yourself the chance to recover, consider engaging an experienced personal injury lawyer from Auger Hollingsworth to look after the insurance claim and other legal and administrative paperwork.  When you hire us while you are still in the hospital we can do the following for you:

  • Notify your auto insurer of the accident.
  • Provide you with the application for benefits and assist you to complete that application.
  • Help you and your family to gather and submit receipts for food, parking and other expenses.
  • Help you to hire an occupational therapist and other rehab team members who will help you with hospital discharge planning to get you home faster, but safely.  We will arrange for this team to be paid for directly by the insurance company.
  • Provide notice of a potential claim to the at fault driver.
  • Obtain the complete police report.
  • Obtain the medical records needed to prosecute your case.
  • Liaise with your medical team on an on-going basis.
  • Ensure that you obtain all income replacement benefits to which you are entitled.
  • Provide advice if you are asked to be a witness at a criminal or Highway Traffic Act trial.
  • Build your case and push it forward to settlement or judgment.
  • Negotiate a settlement with your accident benefit insurer, where appropriate and possible.

If you need assistance with any of these important steps after an Ottawa pedestrian accident, call 613 233-4529.

OC Transpo Bus – Via Rail Train Accident

September 18, 2013-  Today’s fatal accident involving a double decker OC Transpo city bus and a Via Rail train has left Ottawa in shock.  At least 40 families are facing the grief and sorrow that accompanies a fatal motor vehicle accident or one involving serious personal injury.

If you were involved in today’s bus – train accident at Woodroffe and Fallowfield, here are 5 things you need to know right now:

1.  Apply for Accident Benefits

If you were a passenger on the bus and you have your own car insurance policy, or live with a family member who does,  you should notify your car insurer immediately.  This will be a surprise to most people,  but that is how Ontario’s no fault accident benefits work.  Your own car insurance will pay for any non-OHIP medical or rehabilitation expenses.  Your own car insurance will also pay you an income replacement benefit up to a specified maximum if you can’t work for more than 7 days after the accident.  Have questions about accident benefits after an accident involving an Ottawa bus and Via Rail?  Call us at 613 233-4529.

2. If You Don’t Have Accident Benefits, OC Transpo will Provide Them

If you do not have your own car insurance policy, the City of Ottawa will cover your accident benefits.  You do not have to sue the City of Ottawa or OC Transpo in order to access accident benefits.  Our law firm can help you contact the City to get the application forms.

3. Accident Benefits include funding for Psychological Counseling

Many people involved in a mass transit accident will need psychological assistance.  This is a very traumatic event.  The accident benefits available to bus passengers will provide funding for psychological treatment, even if you did not suffer a physical injury in the accident.

4. You Should Give Notice of a Potential Claim within 120 Days

If you are seriously injured, you may have a claim for damages (compensation).  You do not have to decide whether or not to sue right away.  However, there is a requirement to give notice of a potential claim to the city of Ottawa within 120 days.  If you hire a personal injury lawyer, the lawyer  can provide notice for you.  If you wish to give notice on your own, you can write to the Clerk of the City of Ottawa to alert the City of Ottawa to the potential claim.

5.  Don’t Wait to Seek Medical Attention After Today’s Bus-Train Accident

You should seek medical attention after the accident if you are injured.  Waiting to report your injuries for days, weeks or months is a serious impediment to getting proper compensation.  It may also slow your recovery.

Need more information or want to discuss your options after the OC Transpo Via Rail Accident, call our office at 613 233-4529 or call Brenda Hollingsworth directly at 613 851-4529.  We are here to support you.

 

Fatal Car Accident near Carleton Place

A fatal car accident near Carleton Place on March 28, 2013 at 8:45 pm has claimed two lives.

The Beckwith Township accident took place on Old Richmond Road near Crooked Side Road.  The collision involved a pick up truck and a small sedan.  Tragically, two occupants of the sedan, both in their very early 20s, died at the scene.

A 21 year old passenger in the sedan has serious orthopedic injuries as well as head injuries.

Several of the occupants of the pick up truck are also seriously injured.

This is a devastating start to the Easter weekend for all families involved.

What are your options after a serious car accident?

Everyone involved in this heartbreaking accident near Carleton Place should consult with a personal injury lawyer.   The questions you should ask the lawyer are:

  • Am I entitled to accident benefits and what will they cover?  Most people in Ontario are entitled to coverage for medical and rehabilitation needs and income replacement if they have been injured in a car accident.  This is true regardless of who caused the accident.
  • Do I have a claim for pain and suffering, loss of income and future care costs? Passengers of either vehicle, as well as the driver who is not at fault for the accident, may have a claim against the at fault driver’s insurance company.  An experienced personal injury lawyer can tell you what your rights are and explain the likelihood of success in a claim for compensation.
  • Is there compensation for the families of the young people who died in the accident? There are death benefits, including help with funeral costs,  available through the accident benefits in most situations.  It is also possible to bring a claim for the loss of care, guidance and companionship of your loved one.  A personal injury lawyer can help you determine what your options are. 

Brenda Hollingsworth helps families after serious tragedies like Thursday’s accident in Carleton Place.  We will come to the hospital or your home to answer your questions, with no obligation at all.  Call Brenda at 613 233-4529 or on her cell at 613 851-4529. 

Fractures after a Serious Ottawa Motor Vehicle Accident

If you have suffered a fracture after a serious Ottawa motor vehicle accident, you will likely have ca claim for pain and suffering against the driver who caused the accident.  This is true regardless of whether you were a passenger, cyclist or another driver.

Call Brenda Hollingsworth at 613 860-4529 to discuss how our law firm can help you get what you need after a fracture.  You may be entitled to:

  • payment for crutches, casts and other medical devices you need;
  • payment for physiotherapy and other non-OHIP covered treatment you require;
  • payment to compensate for pain and suffering;
  • payment to cover for your lost wages;
  • payment to cover the housekeeping expenses you incur because you are injured.

This is only a partial list of how Brenda Hollingsworth’s office can help you after a serious Ottawa Motor Vehicle Accident where you suffer a fracture.

For more information on how we can help you, call 613 860-4529 to schedule an appointment.  Want to meet in person?  If you have a broken leg or ankle, we can certainly come to you.  Our office is also fully wheelchair / walker accessible and there is parking right by the front door.

Wrist Fractures and Car Accidents: A Few Quick Facts

Wrist fractures are a frequent injury in car accidents usually due to the force exerted when sudden impact forces the drivers hand back on the steering wheel.  So common are these types of breaks they are designated with the acronym FOOSH, or Fall On Outstretched Hand. Whether it’s a simple fracture or a complicated break, knowing the different types of wrist fractures could help you understand your treatment and compensation options after your Ontario car accident.

 Your wrist is composed of ten bones: eight carpal bones in the hand and two in the forearm, called the ulna and radius. Wrist fractures, medically referred to as distal radius fractures, generally fall into two categories:

Colles Fracture.  A Colles Fracture, the blanket name for any type of distal radius fractures, is usually caused by a force striking the palm of the hand. This can be through a fall or by bracing oneself against a steering wheel or dashboard in an accident. This sudden pressure causes the distal end of the radius bone (where the forearm meets the wrist) to break. Depending on the specific location of the break and what bones may or may not be displaced, a Colles Fracture may also be called a Barton Fracture or Chaffeur’s Fracture

Smith’s Fracture.  In a Smith’s Fracture, it is instead the back of the hand that receives the brunt of the impact and causes the radius to break.

In both cases, treatment options are similar but will depend on several factors including the severity of the break, location of the fracture, whether the bones will need realignment and any preexisting conditions the patient may have. Immediate immobilization of the joint is imperative to prevent further damage. Surgical intervention is often necessary to realign bones or remove bone fragments and clear debris from the joint.

After surgery and/or a prolonged period in a cast, physical therapy is recommended to aid in regaining full range of motion, strength and optimal function of the injured wrist.

Wrist fractures can be painful, debilitating and financially draining injuries. If you’ve been sidelined by a wrist injury after your Ontario car accident, reach out to the experienced Ottawa personal injury lawyers at Auger Hollingsworth.  We will provide you with the information you need to make the right decisions about compensation in your case.  Call our law firm today 613 233-4529.

What is the Difference Between a Strain and a Sprain?

Any active lifestyle puts the participant at risk of injury. Whether incurred while playing sports, during an everyday activity like walking the dog or working out, or as the result of an Ontario car accident, at some point in their lives most people will experience a strain and sprain.

A sprain is occurs when a ligament, the thick, fibrous tissue that connects bones to each other, is stretched beyond its normal elasticity. These ligaments prevent abnormal movements and hold your skeleton in alignment, but too much force can stretch or even tear the ligament resulting in a sprain. Sprains are commonly found in joints like the wrists, knees and ankles. When someone says they have a “twisted ankle”, they actual are suffering from a sprain.

A strain, on the other hand, refers to an injury to a muscle or tendon. Muscles and tendons work together to stretch and contract as they move bones from position to position, enabling our body’s to perform a dizzying array of contortions. When these muscles or tendons stretch too far, are stretched while simultaneously contracting (often sustained in weight lifting related injuries like a groin pull or pulled hamstring), or torn, it is called a strain.

Both strains and sprains are characterized by joints that may appear swollen or bruised and may stiff or painful. Treatment is usually non-invasive and may include anti-inflammotories, over-the-counter or prescription pain medications, immobilization, icing the injury, compression, elevation of the affected limb, and most importantly rest.

While you may not be able to completely prevent sprains and strains, there are some ways to lessen the odds of such an injury happening:

  • Stretch before working out or engaging in other strenuous physical activity
  • Also wear footwear that fits properly and provides the necessary support
  • Be careful walking on dangerous surfaces like ice or rocky terrain

If you are sidelined by a strain or sprain resulting from your Ontario accident, contact an experienced Ottawa personal injury lawyers at Auger Hollingsworth.  We will provide you with the information you need to make the right decisions about compensation in your case.  Call our law firm today 613 233-4529.

Ottawa Personal Injury Lawyer on the Radio

Auger Hollingsworth is delighted to announce that lawyer Brenda Hollingsworth will be live on 580 CFRA on Saturday, August 18, 2012.  That’s 580 on the AM radio dial.

Brenda will be answering live calls about all things personal injury.  If you have a question or comment, we hope to hear from you.  The show runs for an hour starting at 2 p.m.

We hope Ottawa listeners will take this opportunity to ask questions about the personal injury process, how to get fair compensation and when you might be entitled to compensation.

If you have a question or comment, and can’t wait for the radio program or want to speak directly to our law firm, call 613 233-4529.  We look forward to speaking to you.

 

 

Ottawa Judge Awards $6.1 Million After Rollover accident on Highway 401

Ottawa Lawyer –  The Honourable Mr. Justice Quigley released his judgment yesterday in our case involving a man in his twenties who suffered a serious spinal cord injury, among other injuries, in a single vehicle rollover accident.  He was a passenger in the car.  The accident was near Brockville in early 2007.

The award totalled $6.1 Million, including damages for pain and suffering, future medical and rehabilitation costs, loss of income, loss of housekeeping and family law act claims for certain family members.

We had a great team of experts on the case:  occupational therapist Matilda Amos of Functionability, neuropsychologist, Dr. Catherine Gow, forsensic accountant Darrell Sherman from ADS, forensic engineer Peter Williamson,  labour market researcher Natalie Beck-Livingstone and life care planner Michelle Wagenberg of Carol Bierbrier and Associates.   His Honour (the judge) carefully reviewed all of this evidence when reaching his decision on damages.  This case is proof that putting together the right team is very important in order to get a fair assessment of your damages.

If you would like to see what our team can do for you in your case, contact the Ottawa accident lawyers at Auger Hollingsworth 613 233-4529.  We would be honoured to meet with you.

 

 

 

 

 

Facebook and Your Ottawa Accident Case

Can information on Facebook be used in your Ontario personal injury case?

 

There has been some recent discussion surrounding the use of an individual’s Facebook page during Ontario personal injury litigation.  The question is whether or not an injured person’s Facebook page is relevant to litigation and if it should be disclosed.  The old Rules of Civil Procedure required that information pass a “semblance of relevance” test which was quite a low standard.  Under these rules, almost any information could be considered relevant, including any and all information on an individual’s Facebook page.  Because most personal injury cases involve discussions about the injured person’s ability to enjoy life and engage in social activity, one’s Facebook page arguably becomes relevant.

 

The new Rules of Civil Procedure, which are effective as of January 2010, hold a slightly higher standard of relevance.  One judge commented that the semblance of relevance test was too broad and loose and not necessary.  Although this change has been made, it is not clear how it applies to requiring the disclosure of information from Facebook.  It will likely be decided on a case by case basis until a more specific rule is created regarding Facebook and other social media websites.

 

Because of the uncertainty of whether or not information on an injured person’s Facebook page will be used in litigation, many lawyers are telling their clients to either stop using Facebook or to at least be aware that whatever they write or whatever pictures or videos they post, may be used in court.  Lawyers are also advising their clients to place stricter privacy settings on their accounts so that the general public can’t access their information.

The question of whether or not information from Facebook should be disclosed in court is a difficult one.  As technology and new forms of communication continue to arise, the law and the courts are going to have to reassess some of the ways in which litigation is carried out.  Whatever the final decision on the Facebook issue, hopefully it will be in the injured person’s best interest.

In the mean time, assume that every single thing you post on Facebook (or Twitter) will be seen by the insurance company, even under privacy settings.

 

 

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