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Neinstein Personal Injury Lawyers

Jan 31, 2020

In today's episode of Neinstein Personal Injury Lawyers on CHCH Morning Live - Driver Safety and Tort Claims. Listen to the podcast or watch the video podcast on Vimeo.

Neinstein Personal Injury Lawyers on CHCH Morning Live - Driver Safety and Tort Claims video's Podcast.

Read the Transcript Podcast below.

You've been in a serious accident? Don't know where to turn to get your life back on track? And that's where a Personal Injury Lawyer here can help. And we've got an expert, actually, two experts right here from Neinstein Personal Injury Lawyers. Thanks so much for joining us. You guys specialize in this stuff. So, Rose Leto, thanks for joining us, and Ruth Fernandez as well.

As we're going to talk about avoiding these kinds of situations. But also there's been many changes in Tort law and other, you know, Personal Injury Law here in Canada, which is certainly a different situation than across the border. And of course, even the optics of it because they're so, you know, it's more litigious across the border, but also just in terms of the advertising, it's so aggressive, you know. But that perception is correct. There is much more in terms of claims across the borders in there.

There, absolutely, is. And you hear a lot in the media about the amounts of claims, and in Canada claims are limited. So we don't see the same numbers as we do in the United States.

Let's break it down just in terms of the criteria with Personal Injury.

So to make a claim, a tort claim for personal injury, you have to have a threshold of serious and permanent impairment. So there has to be some permanence to your injuries, some scarring, permanent injuries, stuff that's not going to go away in time. And that has affected your life in a serious way.

And your money earning capability.

Absolutely. So, that's one of the major factors. We look at someone's ability to return to the same job, to be gainfully employed, and to support their family.

In Canada, is it usually, is it the gamut in terms of injuries, but is it a largely, I mean, what are you seeing in terms of claims?

You see everything from whiplash, and a muscle strain up to a full brain injury -- and paraplegia, and quadriplegia, full gambit.

Now, there have been changes as well. Let's talk about some of the thresholds.

Yeah, so one of the major changes that we've seen recently is with the accident benefits. And that being the insurance companies have reduced the amount of money people could get for treatment. So $3,500 for minor injuries and they've reduced the maximum claims and non-catastrophic injuries to $50,000. And that's not a lot of money when someone needs some medical and rehabilitation.

No, it's not. That'll burn up very fast.

Very quickly.

Yeah. Now, in terms of larger claims in deductibles or anything, we need to know in terms of that?

No. Well, mostly, for tort claims, you're limited to the policy limits, and most people in Ontario, at least, have at least a million dollars. And we see that that's not always enough money.

So again, yeah, because there's huge cost involves, right?

So people should consider when assessing their policies on whether to increase their limits, to have more available to them.

Yeah, cause I'm sure there have been many cases where, I mean, you see you're in the front lines of this, and you can just see how fast that money goes and how huge these claims are.

So there's lots of information online, and we'll get the website up on the screen. But, so Ruth, we have you here as well because we are avoiding claims like this, you know, starts with prevention and you're an expert on that.

Absolutely. I mean, heading into a long weekend, we always advise people to be extra careful while driving to the cottage or a fun activity. We want people to be really alert, and prevention is a huge part of not, you know, getting involved in a collision. So while people are on the highway, we're encouraging them to yield the right of way or, you know, signal properly while making chain lane and lane changes. We also want people to be extra careful while driving around trucks or you know, cars pulling trailers with boats and that sort of thing.

It was just that split second moment. You know, they change the lifetime. And I know, Neinstein, you're very proactive just in terms of a brain injury conferences and that sort of thing. Actually, we should mention too, there's an app that you guys are developing, right?

At Neinstein associates, we've recently developed an app for people that may be involved in collisions. It's something that you can upload to your iPhone or your Android phone. And it takes you through the entire process. It'll give you some background on our firm. It takes you to a section of the app where you can create a report, take pictures, perhaps take a video of what's happened, the actual collision. And, once you're ready to submit, you know, it goes directly to our firm, and it's a free consultation. So, you know, everybody can feel that.

In anything that streamlines the process because when it's needed, I mean, it's an overwhelming process. And we want people to feel a little bit more secure and knowing that their information is going to the right hands.

And what we need to remember is that we provide a free consultation. So money should never be an issue for anyone looking for advice over the telephone. It's not a concern. We have a toll free number on a website, so long-distance charges don't need to be incurred. And we traveled through all of Ontario to see our clients.

And of course, you specialize in this. This is a personal injury, There's a website right there, Rose Leto, Ruth Fernandez. Thanks so much for joining us. So yeah, and safe driving all summer long.


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