IMMEDIATELY AFTER THE INCIDENT:

1. I have been involved in a car accident. What should I do? What are the 'must do's' and 'must not do's'?
2. I have slipped/fallen. What should I do?
3. I am a victim of medical malpractice. What should I do?
4. I have been subject to product liability. What should I do?

RETAINING A LAWYER AND ASSESSING YOUR CASE:

1. When should I hire a lawyer?
2. How do I know if I have a claim?
3. What if the accident is my fault?
4. Why Gillis Zago?
5. What are your fees?
6. Do I have a strong case?
7. How much compensation will I receive?
8. How long will it take to settle my case?
9. If you take on my case, will I need to go to trial?
10. Will you help me fill out the forms?

DEALING WITH THE INSURANCE COMPANY:

1. What should I do if the insurance company calls?
2. My insurance company says I do not need a lawyer. Is this true?
3. What should I do if the insurance company terminates my benefits?
4. If I make an accident benefit claim, will my insurance premiums increase?
5. What should I do if I can't return to work or take care of my children because of my injuries?
6. Do you represent insurance companies?
7. What does 'no fault' insurance imply?

THE LEGAL PROCESS:

1. Please explain the legal process involved for a personal injury claim/lawsuit?

GLOSSARY OF TERMS:

1. Accident Benefits (AB)
2. Adjuster
3. Arbitration
4. Assessment
5. Attendant Care (A/C)
6. Case Manager
7. Catastrophic Impairment (CAT)
8. Costs Endorsement
9. Dac (Designated Assessment Centre) Process
10. Damages
11. Deductible
12. Defendant
13. Fiduciary Duty
14. Glasgow Coma Scale (GCS)
15. Health Care Expenses
16. Legal Action
17. Limitation Period
18. Non-Catastrophic Designation
19. Non-Earner Benefits
20. Notice Period
21. No Fault
22. Occupational Therapy (OT)
23. Paraplegia
24. Personal Injury
25. Physical Therapy
26. Plaintiff
27. Pre-Claim Exam
28. Quadriplegia
29. Statement of Claim
30. Statement of Defence
31. Threshold

IMMEDIATELY AFTER THE INCIDENT:

• Contact the proper authorities: police, ambulance, perhaps fire department.
• Get contact information of anyone involved in the accident and any witnesses.
• If anyone suggests that you should go to the hospital, go. Otherwise, see your doctor asap about injuries.
• Keep receipts of any expenses: medication, damaged clothing, crutches, braces, etc.
• Note all health care providers and dates of medical visits related to your accident.
• Note any family members or friends who assist in your care.
• Collect all insurance forms that you might be able to claim against: employer's disability benefits, private accident insurance, auto insurance, etc.
• Contact Gillis Zago BEFOREyou speak with your automobile insurance company. Anything you say to your auto insurer could later be used against you when the company determines whether or not you are entitled to benefits.

• Report the incident to the relevant party caring for and maintaining the location.
• In case of private property, note the address, and report the matter to an owner, superintendant or tenant. Report to the police if that is relevant and attainable.
• In case of public property, report to the relevant official authority IMMEDIATELY, as there are stipulations under the law regarding proper and timely notice - usually within 2-7 days.
• Obtain contact information of anyone involved in the accident and any witnesses.
• Report to a medical authority - family doctor, walk-in clinic, hospital emergency - as soon as possible.
• Photograph the scene as soon as possible after the event. Re-attend the location with a friend or other party who can independently attest to its state or condition.
• Record the weather conditions at the time of the incident. Obtain print-outs of the weather situation from Environment Canada's web site.
• Keep track of all out of pocket expenses, particularly lost wages and time away from employment, including for friends or family who provide you with assistance.

• Record the names of all doctors and health care providers who participate in your care (during??) and after the incident.
• Contact Gillis Zago as soon as possible so that we can gather pertinent medical documentation and assist you in determining whether or not you have a cause of action.

• Keep the damaging item or device.DO NOT return it to the manufacturer.
• Report the incident to the manufacturer/distributor, and to the retailer from whom you purchased the item as soon as possible.
• Contact Gillis Zago as soon as possible so that we can gather pertinent documentation and assist you in identifying and pursuing the relevant 3rd party.

RETAINING A LAWYER AND ASSESSING YOUR CASE:

• Sooner rather than later is a good rule of thumb. At Gillis Zago we specialize in personal injury, and the earlier we are retained, the more successfully we can help to navigate your claim.
• In a no-cost, confidential way, you can simply ask questions and receive honest, relevant answers regarding whether or not to sue someone now or in the future - whether to take a 'wait and see' approach, or to embark upon immediate action.
• Legal limitations in terms of post-incident time expired must be followed critically in order to ensure that you are not technically deprived of commencing a suit for damages simply because you waited too long to proceed.

• Often people do not know what level of injury they must sustain in order to obtain proper care and attention from their own insurer, let alone what is required to successfully sue an at-fault 3rd party.
• It is always advisable to consult with a lawyer who can frankly and privately recommend to you whether to sue presently, or inform you at what point you may become eligible to properly seek out damages should your condition or suffering not improve.
• Gillis Zago often meets new clients who could not have imagined that they would find themselves still seriously sick and suffering more than a year after the occurrence of the incident that caused their injury.
• Some injuries (broken bones and other visible trauma) are readily apparent. Others, like chronic back pain or entrenched depression, are subtle and slow to manifest. You may also not know that you have a claim because you did not understand the legal responsibility owed to you by another person, whether that be a private party, medical practitioner, or government body. An early opinion by our office will give you peace of mind and the knowledge regarding your option to sue someone now or in the future.
• Some claims must be launched immediately. Different legal limitation dates determine when an action must be commenced. Be proactive and call us for advice regarding your situation.

• You should still present your situation to our office for review and consideration. Contributory negligence of another party in your incident (even as little as 1%), may relieve you of some responsibility, and open up an avenue for you to be compensated.
• In the case of a motor vehicle loss, the Fault Chart does not always dictate the share of liability in a civil suit for personal injury damages. Do not assume that you are totally at fault simply because your own insurer does not waiver from the view that you are responsible for the underlying incident.
• In a motor vehicle accident, it is always possible to query whether road maintenance and improper servicing of roads in inclement weather could be a factor, or whether a manufacturer is liable if your vehicle inexplicably failed to respond.
• It is worth asking our cost-free opinion if you too are injured.

• Our firm offers the kind of personal attention and service usually found only in a small community. As big-city lawyers, we have made a conscious decision to work locally in bedroom communities, and have done so successfully for years - well before these communities became the thriving cities they are now. Our solicitors appear regularly in courts in Brampton, Newmarket, Milton, Whitby, Orangeville, and Toronto. You are not just a number with our firm, for our success has allowed us the freedom to choose whom we want to work with, and has maintained our stellar reputation in the industry. We are easy to locate and convenient to visit, and we regularly see clients after hours, and in their own homes, from Mt. Forest, to Barrie, to Hamilton and Peterborough. We are active in our communities, and our priorities include volunteer work with local groups, and pro-bono cases.
• Our counsel have a strong history in managing claims for insurers, and defending actions, giving us a unique viewpoint on how to best present your case for prompt and fair payment - without endlessly extending the life of your case.

• Gillis Zago works according to a formula that focuses on success. We do not guarantee results, or over-promise, though we like to believe that we often over-deliver. We fix our price on a contingency basis that links our fee to the success of your outcome. On your behalf, we incur expenses that you might not be able to afford, in order to make your case as successful as it deserves to be, and to give you the professional attention to properly shed light on the true impact of your incident upon you and your family. A portion of our fee is covered by a contingency levy on your total award, and a further sum is obtained as a costs provision from the defending party, either in your settlement or final court award. Our rates differ depending on the nature of the case. Call or contact us to book a personal appointment for further information.

• Everyone would like to believe theirs is a strong case, but regrettably that is not always true. Most of our staff have worked extensively on the defence side of the industry, and we believe that fact gives us a unique competitive advantage in providing you with a fair and equitable evaluation of your possible outcome. At the same time, our involvement will assist you in strengthening your case in the necessary areas in order to obtain the best result. We are also very pragmatic: the best result is not always the largest award - an important factor is the timing and certainty of when you will receive compensation funds. There is little net return for you if your case drags on for years of pointless litigation.

• Case-law in Ontario often dictates the range of what sums of money are reasonably available in a given head of damages. The facts of your case in terms of wage loss, out of pocket expenses both now and in the future, and the extremity and duration of your pain and suffering all play a part in determining how much financial compensation is likely to be available. Gillis Zago does not issue boiler-plate claims that exaggerate your needs and thereby diminish your credibility; we tailor your demands to your situation. This approach is well received by our colleagues in the defence industry, underlies the integrity with which we conduct ourselves, and gives weight to the demands we make on your behalf.

• Civil cases in Ontario continue to move as slowly through the courts as always, and will usually close-out within 3-4 years of your initial incident. But this does not negate the possibility of an earlier result, depending on your expected outcome, and the nature of your trauma and resultant impairments. Gillis Zago will work expeditiously to prepare your case for timely movement through the courts, but we will not sacrifice the value of your award for the sake of expediency, or to avoid a trial. Our firm has a strong history of trial advocacy - we will advise you if a settlement offer is not appropriate in terms of fair reimbursement, compensation, and financial security, and will let the civil justice system take precedence over a private settlement.

• The majority of the cases that we handle do not go as far as final adjudication. The cost of defending a legitimate action is strong incentive for a defendant to make a reasonable settlement offer. With Gillis Zago - and its decades of experience in pricing and administrating cases similar to yours - on your side, our friends on the defence bar are keen to take our offers to settle to heart. Generally, over 95% of civil cases resolve without having to resort to trial in Ontario. However, we will never refrain from advocating on your behalf in open court, should that be the forum for the fairest result.

• We are more than happy to assist you in deciphering and filling out any insurance forms, and to help you to understand the proceedings in order to make the experience as stress-free as possible.

DEALING WITH THE INSURANCE COMPANY:

• Identify whether the insurance company is yours, or that of a defending party. You are obliged to cooperate with your own insurer in investigating your claim, but you should seek legal guidance when dealing with an insurance carrier that is paying you benefits but may wish to bring your coverage to an end. Gillis Zago can assist you in dealing properly with your insurer therein.

• Relations between a client and their own insurer are meant to be cooperative and supportive, as that is the nature of the contract. Regrettably, clients and their own insurers do not always agree on entitlement to coverage and amount of reimbursement. It can certainly be worth having legal counsel to assist you in getting the fairest evaluation and payment of your claims, and to ensure continued access to assistance while you recover from a loss.

• Seek legal advice IMMEDIATELY to ensure that you preserve your right to dispute its position, and to marshal the correct evidence for an appeal when circumstances show that you can be successful.

• Absolutely not. The Financial Services Commission of Ontario stipulates that first party accident benefits are not rateable by an insurance company.

• You will need assistance to decipher what policy coverage might be available to you, and how 'electing' certain benefits will affect your subsequent entitlement(s). It is not easy to understand how policies through an employer, insurer, WSIB, ODSP and CPP interact. They need to be carefully coordinated in order to ensure the most effective pay-out for you and your family.

• No. But we do represent clients who need to defend themselves when their insurance company refuses to do so, or when coverages are insufficient to fully indemnify them from the lawsuit of another party.

• Each automobile insurer will take care of its own clients for property damages to their respective vehicles, and for the injuries of those clients who were in their vehicle at the time of the accident.
• It is a common misbelief that insurers will pay each other back based on who is at fault, but subrogation rights exist only in certain situations and have no impact either on the amount of money paid to an accident victim, or on the timely delivery of that money and other services.
• If you have been traumatized by an accident in which you were involved or which you witnessed, let Gillis Zago help you to identify what benefits you can obtain, and to whom you should direct your applications.

THE LEGAL PROCESS:

• First consider the timing of a suit. In Ontario, one cannot always sue a 3rd party - there is a deadline. The time frame varies depending on the nature of your incident (motor vehicle, medical malpractice, product liability, slip & fall, etc.).  Municipal and government entities also have strict stipulations on how soon they must be notified of an incident causing injury, and of your decision to sue for compensation - perhaps even before you fully know the extent of your damages! Your best bet is to call or contact Gillis Zago for clarification.
• Once you decide to obtain our legal assistance, we will work to secure as much evidence as possible to show how your injuries have affected you. By establishing a 'base-line' for you both medically and financially, we can determine the impact of the incident on your well-being. To do this we will gather years of pre-incident data - at our own expense. Needless to say, we will also contact your physician and all treating specialists, in order to define your post-loss progress, and to determine how we can help you to seek additional assistance for your recovery, as circumstances permit (e.g., from your own Accident Benefit automobile insurer if you are involved in an MVA).
• While we gather data on your damages, we also work to preserve and uncover evidence regarding the level of negligence to be brought in your suit. We contact relevant government and professional authorities, and the police, if they were involved in your situation. We seek to make your case as clear as possible to a defendant who may have failed to provide reasonable care - to maximize that person's negligence, while minimizing yours.
• We will discuss with you the timing of the delivery of your legal pleadings, and how that will influence the possible timing of your eventual settlement or trial. Some cases are inherently easier to pin down both in terms of liability and damages, and others are convoluted and intricate. Frankly, the more money a defendant may have to pay out, the longer an action will inevitably take.
• Stages of litigation often include pre-trial and discovery, where counsel for a defendant has the opportunity to meet with you to ask relevant questions about the injurious incident and its effects on you and your family. This may be as far as you go in terms of official 'court' process(es), since many cases resolve after the defendant has a chance to properly evaluate you and your evidence.
• In the case of a civil action in Ontario, the Rules of Civil Procedure do instill some rights on the defendant, including requesting that you attend several 'Defense Medical' evaluations, so that a doctor or specialist of the defendant's choosing can reasonably determine whether they concur with the diagnosis and prognosis of your injuries and conditions.
• Gillis Zago will also assist you to develop an appropriate body of medical evidence in order to convey the full extent of your medical situation clearly to a judge or jury. This often includes the hiring of expert witnesses, the cost of which we will bear on your behalf. The timing of such an examination and the number of witnesses varies from case to case.
• In the final stage, after all the evidence is gathered, the parties usually meet privately to negotiate a possible settlement. This may culminate in a formal mediation by a senior litigator or a retired judge, which is often a very successful means for reaching a resolution - without the time, expense and significant uncertainty of a trial. However, our firm does conduct several trials each year if parties cannot agree on responsibility, or if a defendant fails to reasonably accept the seriousness of damages.

LINKS:

• Physiotherapy and Acupuncture In Brampton, (GTA), Ontario, Canada
  Physiotherapy, acupuncture and massage therapy in Brampton Ontario Canada. (Mississauga, Toronto (GTA)). Orthotics and Tens machines in Brampton, Mississauga, Toronto.

GLOSSARY OF TERMS

• ACCIDENT BENEFITS (AB)
  Called 1st party no-fault benefits indicating that you have a private contract as a policyholder or 'insured person' from your auto insurance company.  This contract gives you assistance and is available whether you are or are not responsible for causing the motor vehicle accident that brought about your injuries. ABs mostly focus on reimbursing you, in part, for loss of wages and for other out-of-pocket expenses incurred after an accident and while rehabilitating from accident related injuries (i.e. therapy, medications, transportation, job re-training, housekeeping, babysitting, etc.). Limited coverage is available for funeral costs and other death benefits. Additional benefits are paid, after approval by the insurer for things like private medical assessments, lost tuition fees, travel expenses for family visitors who come to check on you Optional benefits to enhance coverage in scope, duration, and limits, can be purchased from your insurer.



• ADJUSTER
  The person working for, or on behalf of, an insurance company to administrate and adjust insurance claims, including property damage (house fires, floods, residential or commercial property issues like burglaries, vandalism, etc.); automobile claims (ABs, vehicle repairs, bodily injury cases in a negligence suit, etc.); CGL (commercial general liability); E&O (errors and omissions or professional negligence claims).  The adjuster advises on what claims you can and cannot make, determine the reasonableness of your claim, and make payments according to the policy, case law, and personal judgment.



• ARBITRATION
  A binding decision-making process managed and adjudicated by a mutually agreed-upon party in the Arbitrations Act or by a government tribunal designated to be the forum to hear certain types of disputes, including: Landlord Tenant, Canada Pension Plan, Labour Board, Worker Safety Tribunals (WSIB/WSIAT), and the Financial Services Commission of Ontario (FSCO = AB disputes between policy holders and their own insurer). An arbitrator is a finder of fact with powers similar to a Superior Court Justice. An Arbitration result is binding, but in certain cases can be appealed to a multi-judge panel of the Divisional Court of the Superior Court of Justice in Ontario.



• ASSESSMENT
  A medical assessment done at the request of your own insurer, the party you are suing, or at your own or your doctor's request, in an insurance dispute, as a fact-finding exercise to provide a diagnosis and prognosis of your medical condition, and to determine whether the accident or incident played a role in causing your current and likely future state of health and impairment.



• ATTENDANT CARE (A/C)
  AB policies recognize A/C as the personalized in-home assistance by an aide/attendant (i.e. a personal support worker, nurse, private aide) for tasks such as bathing, dressing, grooming, feeding, walking, etc. In some cases, family members have also been paid for their contributions. Funding is also available for recuperation at respite or rehabilitation hospitals, and for long-term care facilities on a permanent basis.



• CASE MANAGER
  A trained medical 'point-person', appointed mutually by the client and the insurance company, to organize and orchestrate rehabilitation efforts in serious injury cases. The case manager sets and measures goals with the aim of rebuilding the life and health of an injured party to achieve, as closely as possible, pre-accident living.



• CATASTROPHIC IMPAIREMENT (CAT)
  A defined level of injury in the first party statutory accident benefits schedule (SABS), that qualifies the person for additional enhanced benefits, significantly increasing the amount of funding and duration of assistance from the insurer. The coverages can be deemed available with the onset of immediate and egregious injuries (i.e. loss of limbs or sight, brain injuries, etc.), but can also accrue for those who suffer extraordinarily enhanced and entrenched disabilities that have not dissipated 24 months after the original accident, if medical evidence supports a poor prognosis.



• COSTS ENDORSEMENT
  Following a trial or arbitration, an order, by a finder of fact, regarding the amount and fair value, to be paid, for legal services and disbursements (e.g., office overhead, faxes, photocopies, fees for medical records, etc.) by either the defendant/insurer or the plaintiff/applicant, depending on the relative success in pursuing a legal action to its conclusion (a trial) instead of proposing or accepting a reasonable settlement before trial or arbitration.



• DAC (DESIGNATED ASSESSMENT CENTRE) PROCESS
  A mandated scheme developed by the government between 1996 and 2006 wherein assessment teams of medical professionals served as a 'neutral party' between the insurance company and its policy holder, to determine the outcome of coverage disputes in AB claims.  DACs were abolished in the spring of 2006 as a cost savings measure for the industry.



• DAMAGES
  Monies sought for reimbursement and compensation to the party which has suffered a loss through the negligence of another party. Damages in civil litigation in Ontario are typically classed as: PECUNIARY, for financial losses (typically in earnings); SPECIAL, for out-of-pocket expenses and purchases not otherwise intended (e.g., medical costs); and GENERAL, for the valuation of pain and suffering, and loss or diminution of enjoyment of life.



• DEDUCTIBLE
  An amount reducing the impact of a monetary claim against an insurance company. In property and automobile claims, the size of the chosen deductible influences the amount of premium you pay the insurer. In automobile personal injury negligence cases, the deductible is set under the Insurance Act, reducing the claim for General Damages for pain and suffering by between $15,000 and $30,000 (depending on when the accident occurred), implemented to curtail minor injury or nuisance claims.



• DEFENDANT
  The party being pursued in a civil action for financial remedy by the injured party (plaintiff) who believes that negligence has brought about an injury or loss.



• FIDUCIARY DUTY
  The responsibility that a party carries on your behalf in case of a power imbalance in a relationship, such that you rely on the advice of said party to take a course of action, i.e., doctor to patient, insurer to insured client. It is the duty of an insurer, for example, to provide information about policy conditions and requirements, and to act in the utmost good faith in its dealings with a client to help make proper and timely applications for assistance.



• GLASGOW COMA SCALE (GCS)
  An official medical measurement developed and published in 1974 as a tool to understand brain function or its limitations after a trauma.



• HEALTH CARE EXPENSES
  Cost of items obtained, services or devices of a medical nature, including medications and procedures to improve one's condition and functioning.



• LEGAL ACTION
  A Claim pursuing a legal remedy against a party who has wronged another party and caused a loss.



• LIMITATION PERIOD
  A limited period of time under the law within which one is required to provide a notice of intention to pursue a legal remedy, for a reported loss.  Failure to obey a defined limitation date can seriously impede, if not eliminate, the right of an injured party to pursue another person or legal entity for a remedy.



• NON-CATASTROPHIC DESIGNATION
  In first party AB claims, an individual who does not qualify for the CAT coverage levels afforded to those who suffer the most egregious injuries, whether before or after determination by medical review. A 'regular' level of claims coverage is available to those who are 'non-catastrophic'.



• NON-EARNER BENEFITS
  A weekly specified benefit, under a 1st party AB claim available to students, retirees and the unemployed, as a means of limited compensation for those who have suffered auto accident injuries that render them completely disabled from their activities of daily living. Since 1996 the weekly benefit amount has been fixed at $185/week, paid following a 6 month waiting period from the date of the accident.
  



• NOTICE PERIOD
  A phrase commonly used to denote the initial 120 day period after a motor vehicle accident during which, pursuant to the Insurance Act, a potential plaintiff/litigant should provide written notice to a defendant of his/her intention to commence a legal claim for bodily injury. The date of the service of notice also fixes the date for the start of calculation of prejudgment interest to be paid on damages obtained in the final result.
  



• NO FAULT
  Denotes the Ontario auto insurance regime in existence since 1990, wherein an injured party will obtain direct and immediate compensation and indemnity for property damage, and limited personal injury losses/expenses from his/her own insurance carrier, while still being eligible for further compensation for pain and suffering, and extraordinary medical expenditures, from a negligent 3rd party, who can be pursued in a civil tort action through the courts.



• OCCUPATIONAL THERAPY (OT)
  A medical discipline and area of practice that focuses on the study of a person in their environment domestically, socially and vocationally, to help overcome accident related limitations



• PARAPLEGIA
  The loss of significant function in the lower extremities through paralysis, usually as a result of a spinal cord injury.



• PERSONAL INJURY
  A legal practice area that focuses on physical and psychological harm to an individual or group of individuals (e.g., a class action) brought about by the negligence of a 3rd party through misfeasance (acting improperly), malfeasance (deliberately doing harm), or nonfeasance (failing to act).



• PHYSICAL THERAPY
  Usually refers to modalities delivered by regulated health professionals in Ontario, including, but not limited to: physiotherapy, chiropractic, massage, and acupuncture treatments.



• PLAINTIFF
  The person who commences a legal action or application in court with the aim of seeking a civil remedy (damages) for an actionable wrong, as a means of appropriate compensation for resulting injuries.



• PRE-CLAIM EXAM
  In 1st party no-fault legislation, an insurer’s examination, conducted by your insurance company with your consent, in order to measure certain medical needs and attendant care requirements while you seek discharge from hospital into a safe recuperative environment, in the immediate period after an accident.



• QUADRIPLEGIA
  The loss of significant function in all four limbs through paralysis - including loss or extremely restricted motor function and/or sensation - usually as a result of a spinal cord injury.



• STATEMENT OF CLAIM
  The legal pleadings laying out the foundation of a plaintiff’s claim, including his/her accusations of wrong-doing, and the demands for damages and compensation sought therein.



• STATEMENT OF DEFENCE
  The legal pleadings of a defendant in a civil action, in reply to accusations rendered in a Statement of Claim.



• THRESHOLD
  As described in the Insurance Act and noted in case law, the minimum standard in the evaluation of medical injuries in motor vehicle claims that a person must prove in order to overcome a legislated legal barrier limiting the number of litigants who can obtain compensation for general ‘pain and suffering’ damages. Failure to ‘cross the threshold’ excludes a plaintiff from obtaining compensation for what would otherwise be deemed ‘minor’ injuries. The test essentially focuses on whether injuries are permanent and significantly interfering - whether they be related to physical, or mental/psychological post-loss.