# data[].attributes.headline
OUR NEW BUSINESS AS USUAL – HOW COVID-19 IS IMPACTING YOUR PERSONAL INJURY CASE AT GRAVES&RICHARD

# data[].attributes.subject
OUR NEW BUSINESS AS USUAL – HOW COVID-19 IS IMPACTING YOUR PERSONAL INJURY CASE AT GRAVES&RICHARD

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Whether you're a new or existing client, the lawyers and support staff at Graves&Richard continue to be available to receive and manage your new or existing claims.

DUE TO COVID-19, OUR LAWYERS ARE REMOTE, BUT OUR OFFICE IS BUSINESS AS USUAL

Everyone at Graves& Richard is doing his or her part to help minimize risk. All of our lawyers are working from home. Our office space remains open, but we are operating with a small number of staff, and have restricted face to face meetings to only those absolutely necessary.

Our lawyers continue to be available by telephone by calling our office number as usual - we have implemented technology that allows our office calls to be transferred to our home offices. Because we are working with a reduced number of support staff, you may not reach the clerk you are accustomed to speaking with. You will, however, be put in touch with your lawyer directly.

All of the tasks our lawyers and support staff regularly perform in the office to manage your case continue to be done remotely.

COVID-19 MAY HAVE LITTLE EFFECT ON HOW WE MANAGE YOUR PERSONAL INJURY CASE

You may have heard in the news that Ontario courts have closed temporarily. This doesn't mean that your personal injury case cannot be accepted by us, or that your case stops moving along or cannot be resolved.

Many of the steps we take in your personal injury case do not involve the courts, and this is especially true in the beginning stages. We very often work with adjusters of insurance companies to assess and attempt resolution of your personal injury case, and this does not require access to the courts. Many of these adjusters are working from home now, or were working remotely already, and are available for business as usual.

For steps in your personal injury action that do require access to the courts, the Ontario Superior Court of Justice remains open to manage many of them. The Court currently remains available to receive legal documents required to move your action along or conclude it following settlement.

If your case is at the stage where you had received notice from your lawyer that your presence is required at an upcoming Examination for Discovery, it may be the case that these proceedings are either re-scheduled for a date in the near future or can go-ahead as planned by way of remote technology. We remain available to answer any questions you have specific to your case.

HOW COVID-19 MAY AFFECT YOUR ABILITY TO ACCESS TREATMENT

If you are receiving physiotherapy, massage therapy, psychological counselling, or regular chiropractic care, it is possible that your treatment may be temporarily unavailable. Some physiotherapy treatment centers and psychologist offices, committed to your health and wellbeing, are offering treatment online or by other alternative means.

While there may some temporary interruptions in your ability to receive treatment, or some rescheduled legal proceedings or medical appointments, for the most part, your personal injury claim will continue to move along as usual.

All of us at Graves&Richard remain available to serve your personal injury needs, and we hope you take the opportunity, in this temporarily changed environment, for deeper healing along your path to full recovery and optimal well being.

# data[].attributes.attachment_link.title
HOW COVID-19 IS IMPACTING YOUR PERSONAL INJURY CASE

# data[].attributes.attachment_link.description
Whether you're a new or existing client, the lawyers and support staff at Graves&Richard continue to be available to receive and manage your new or existing claims. DUE TO COVID-19, OUR LAWYERS ARE REMOTE, BUT OUR OFFICE IS BUSINESS AS USUAL Everyone at Graves& Richard is doing his or her part to help minimize risk.

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
When life insurance benefits are denied, this can leave surviving family members in financial hardship while grieving the loss of a loved one.

Insurance companies deny life insurance benefits for a wide variety of reasons, including:

Material misrepresentation;

Fraudulent misrepresentation;

Suicide; or,

Drug use or intoxication contributing to the death of the policy holder.

A material misrepresentation is found if the insured person failed to disclose information at the time of their application for life insurance, which would be regarded by a reasonable insurer as material to the risk. If anything, material should have been disclosed but was not, then the Court would consider whether the disclosure of that information would have caused the insurance company to decline the risk or to require higher premiums.

What life insurance companies sometimes fail to realize is that they must be able to establish that the true facts were within the person's knowledge. The Ontario Superior Court of Justice has stated that, even if there is medical information that should have been disclosed in response to a question on an application for life insurance, if the insured did not have the necessary knowledge, he or she cannot be found liable for non-disclosure. In that case, the insurance company would not be able to deny life insurance payments based on a misrepresentation.

How much time elapsed between the life insurance being issued and the death of the policy holder matters as well. When an insured person dies more than 2 years after the life insurance policy was issued, the insurer has a much harder time avoiding payment based on a misrepresentation. This is because, after the 2 years, the insurer must prove that the misrepresentation was fraudulent; an innocent misrepresentation would not be enough.

Contact Graves & Richard at 226-401-5306 to get started on your free one-hour consultation. Our lawyers practice strictly personal injury law for individuals to recover damages for injuries and losses suffered as a result of motor vehicle accidents, slip and falls, dog bites and many other areas, all of which are listed on our site.

# data[].attributes.attachment_link.title
Know The Benefits Of Life Insurance | Graves And Richard

# data[].attributes.attachment_link.description
When life insurance benefits are denied, this can leave surviving family members in financial hardship while grieving the loss of a loved one. Insurance companies deny life insurance benefits for a wide variety of reasons, including: Material misrepresentation; Fraudulent misrepresentation; Suicide; or, Drug use or intoxication contributing to the death of the policy holder.

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Slip and fall or trip and fall accidents occur when a person slips, trips or falls, and is injured on property owned by an individual, company or a government body. Property owners can be held legally responsible for injuries sustained by persons who have fallen on their property, and can be sued for damages, including damages for pain and suffering, medical and rehabilitation expenses, or lost income.

In Ontario, all property owners have an obligation to keep their properties reasonably safe for individuals legally attending their property. That obligation comes from the Occupiers' Liability Act, which states that:
"An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises."
Individuals who have suffered from a trip and fall or slip and fall accident should be aware of certain rules and timelines that apply to bringing a claim against a property owner. For instance, different rules may apply for government-owned property compared to privately-owned property because of provisions that protect government entities. For example, if your fall took place on city property, you must provide written notice to the city within 10 days of the incident. We will help guide you through the system and ensure that you get the compensation you deserve.

Contact Graves & Richard at 226-401-5306 to get started on your free one-hour consultation. Our lawyers practice strictly personal injury law for individuals to recover damages for injuries and losses suffered as a result of motor vehicle accidents, slip and falls, dog bites and many other areas, all of which are listed on our site.

# data[].attributes.attachment_link.title
Slip & Fall And Trip & Fall Accidents | Graves and Richard

# data[].attributes.attachment_link.description
Slip and fall or trip and fall accidents occur when a person slips, trips or falls, and is injured on property owned by an individual, company or a government body. Property owners can be held legally responsible for injuries sustained by persons who have fallen on their property, and can be sued for damages, including damages for pain and suffering, medical and rehabilitation expenses, or lost income.

# data[].attributes.headline
“It’s Nothing Personal!” – The Impersonal In Personal Injury Law

# data[].attributes.subject
“It’s Nothing Personal!” – The Impersonal In Personal Injury Law

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
If you are injured as a result of an accident or incident, the personal injury legal system allows you to recover damages, in the form of financial compensation, for all losses you experience as a result of the accident. The purpose of the system is to allow you, as the injured person, to be made whole after experiencing a loss, whether it is a loss of health, a loss of income, a loss of quality of your life, or a loss of ability to compete in the workplace.

In the case of slip and falls and other non-automobile accidents, this compensation flows from the person at fault for the accident.

It is possible for you to know, or be acquainted with, the person who is at-fault. For example, consider the following situation: You are on your way to visit a friend, and while walking up to your friend's walkway toward the front door, you slip and fall on ice or snow that wasn't removed. You injure your ankle in the fall, which when healed, continues to prevent you from enjoying your favourite activities, such as running and playing with your children and taking long walks. You are also forced to take one month off work because you are unable to put weight on your ankle for extended periods of time. In order to receive financial compensation for your losses, you are required to pursue an action against your friend.

Another common situation in which an injured person knows the at-fault party in a personal injury action involves dog bites and attacks. We were recently presented with the following scenario: a beautiful young woman, while visiting her new boyfriend's parents in their home, was attacked and bitten in the face by her boyfriend's parents' dog. When she came to see us, the young woman had a large very visible scar along the side of her mouth and across her chin. The young woman was clearly traumatized by the appearance of her permanent scars but was hesitant to "sue" her new boyfriend's parents.

To help take this "personal" aspect out of the decision to pursue damages for personal injuries sustained in an accident involving someone you know, it is helpful to have an understanding of how the process of personal injury works, and the role the at-fault party will have in the process.

The financial compensation you receive is typically paid for by the insurance company of the at-fault person, not by the person themselves, and it is the insurance company who responds on behalf of the person at fault. This means that when the person at fault for an accident or incident is "sued" by receiving a Statement of Claim, or receives notice that he or she will be "sued", that person simply notifies their insurance company, and the adjuster, who is an employee of the insurance company, investigates and negotiates the claim. If negotiations are unsuccessful, a personal injury lawsuit will be commenced, and a lawyer for the insurance company will become involved.

In the case of the young woman with facial scarring, the parents of her boyfriend had very little involvement in the claim process, and there was no point during the process when the young woman had to face them in an adversarial way. When her boyfriend's parents received a letter from us stating that the young woman was intending to bring an action for damages as a result of the dog bite, they handed the letter to a representative of their insurance company. All communication from that point forward was between the insurance adjuster and our law firm. Apart from having an initial conversation with the boyfriend's parents about the details surrounding the incident, the adjuster did not involve the boyfriend's parents. The settlement was reached between the adjuster and our firm soon later, and the injured person received financial compensation that included an amount for laser cosmetic surgery that was expected to improve the appearance of her scars significantly.

It is possible that the at-fault party will have more involvement in a personal injury action. If negotiations with the adjuster for the insurance company are unsuccessful, and legal action is commenced, it is likely that the at-fault party will be interviewed by your lawyer under oath in an Examination for Discovery. You, as the injured person, will not be present during this interview.

So, while the at-fault party may have some involvement in your claim for damages for personal injuries, their involvement is relatively small, and your respective involvement will not overlap unless a trial is required, which is highly unlikely.

A personal injury lawyer can serve as an important guide to help you through the decision to pursue a claim for damages for a personal injury sustained when the at-fault person is someone you know. In the decision to pursue damages to potentially improve the quality of your life that has been diminished by a personal injury, is helpful to know that the process is not as "personal" to the at-fault party as it may seem.

Contact Graves & Richard at 226-401-5306 to get started on your free one-hour consultation. Our lawyers practice strictly personal injury law for individuals to recover damages for injuries and losses suffered as a result of motor vehicle accidents, slip and falls, dog bites and many other areas, all of which are listed on our site.

# data[].attributes.attachment_link.title
It's Nothing Personal - The Impersonal in Personal Injury Law

# data[].attributes.attachment_link.description
If you are injured as a result of an accident or incident, the personal injury legal system allows you to recover damages, in the form of financial compensation, for all losses you experience as a result of the accident.

# data[].attributes.headline
Disability Claim Denied? You Are Not Alone.

# data[].attributes.subject
Disability Claim Denied? You Are Not Alone.

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Unfortunately, denials of long-term disability benefits are extremely common in Canada. While insurance companies do not publish the statistics on denied claims, we can only assume it is higher than it is with CPP. The denial rate for CPP disability benefits is over 60 percent, so it is very likely that your initial application for private disability benefits will be denied.

After the initial denial letter, your insurer must provide you with an opportunity to appeal the decision. However, in most instances, the answer is still the same DENIED. At this point, most people surprisingly accept the denial and no NOTHING. What they don't realize is they have the right to start a court action. You can hire a lawyer, who will gather all the medical evidence and start the claim for you.

While the thought of meeting with a lawyer and starting a court action may seem overwhelming at first, especially when you are sick and/or injured, it is a very straightforward process. In fact, most insurance companies do not want their internal practices under the scrutiny of the court. So, in many instances, they prefer to settle these matters relatively quickly.

We offer a free initial meeting to discuss your denial and answer any questions. If you decide to hire our firm to represent you, you do not pay any money upfront and we only get paid when you do.

Contact Graves & Richard at 905-641-2020 to get started on your free one-hour consultation. Our lawyers practice strictly personal injury law for individuals to recover damages for injuries and losses suffered as a result of motor vehicle accidents, slip and falls, dog bites and many other areas, all of which are listed on our site.

# data[].attributes.attachment_link.title
Disability Claim Denied? You Are Not Alone | Graves & Richard

# data[].attributes.attachment_link.description
Unfortunately, denials of long-term disability benefits are extremely common in Canada. While insurance companies do not publish the statistics on denied claims, we can only assume it is higher than it is with CPP. The denial rate for CPP disability benefits is over 60 percent, so it is very likely that your initial application for private disability benefits will be denied.

# data[].attributes.headline
10 Things the Auto Insurers Don’t Want You to Know After a Car Accident

# data[].attributes.subject
10 Things the Auto Insurers Don’t Want You to Know After a Car Accident

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Know The 10 things auto insurers don't want you to know after car accident

# data[].attributes.attachment_link.description
Being in a car accident is a traumatic event for many reasons. Knowing your rights and entitlement to benefits following an accident can ease some of the stress during that traumatic time. Below are a few tips and some useful information for you to know if you are involved in a car accident: You do not have to give a recorded statement to the other driver's insurer.

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Free Case Review No Obligation | Graves and Richard

# data[].attributes.attachment_link.description
We practice personal injury law; settling motor vehicle accidents, insurance claims, brain injury, snowmobiling accidents and much more.

# data[].attributes.headline
Get the Best Personal Injury Lawyers at Graves and Richard

# data[].attributes.subject
Get the Best Personal Injury Lawyers at Graves and Richard

# data[].attributes.body
Every lawyer in Graves and Richard practices personal injury law and only personal injury law. Each lawyer in the firm is dedicated to the same. Any of the lawyers in our firm would be pleased to help you. For any further queries contact us at 905-641-2020

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Personal Injury Lawyers that are Skilled & Compassionate

# data[].attributes.attachment_link.description
Every lawyer in our firm practices only personal injury law. We are never divided on who we represent - we represent the injured party, never the insurance companies.

# data[].attributes.headline
Legal Matters with Chris Richard – Personal Liability Coverage in Your Home Insurance Policy

# data[].attributes.subject
Legal Matters with Chris Richard – Personal Liability Coverage in Your Home Insurance Policy

# data[].attributes.body
Chris Richard, the managing partner of Graves and Richard, the premier firm of personal injury lawyers in St. Catharines. If you’d like to speak with a personal injury lawyer in St. Catharines, contact Graves and Richard for a consultation. Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Most of us are unaware of the protection that our home insurance policy offers us in terms of personal liability coverage.

Chris Richard, the managing partner of Graves and Richard, the premier firm of personal injury lawyers in St. Catharines, discussed with Lee Sterry on Legal Matters just what you get when you see the term "liability limits" in your home insurance policy.

Chris explained that when you have home insurance, even under a tenant's home insurance policy, personal liability coverage is usually included. This is blanket coverage for any legal liability arising against you for claims for personal injuries occurring on or off your property.

Most people have $500,000 or $1 million in liability limits under their home insurance policy, and the coverage extends to any person living in the house.

Three Ways Personal Liability Protects You

Personal liability protection available through your home insurance provides coverage for your defence in the event an action is brought against you, and so helps you avoid paying legal defence fees out of your pocket. It also provides coverage for lawsuits you may face as a result of an accident happening that involves personal injury to another on your property. It may also provide coverage for you and the members of your family or household for their actions causing injury off your property.

Situations In Which Liability Insurance Applies

This can be incredibly valuable coverage for a variety of unexpected situations that may arise in which personal injury occurs.

For example, if you haven't shoveled snow on your property following a snowfall, and if someone visiting your home slips and falls on your snow-covered front porch, any damages sought against you by the visitor will be covered under your home insurance. Similarly, if someone trips and falls on some sort of trip hazard, your home insurance policy would provide liability coverage for you.

Another common situation out of which personal liability follows is that involving dog bites, or pets causing injury to someone else. Your home insurance policy will provide liability coverage for damages arising from injuries caused by your pet whether the injury was sustained on your property or not. So, if you took your dog for a walk, and your dog unexpectedly bit someone in your neighbourhood, your personal liability coverage would apply.

Other common off-property accidents attracting liability coverage under your home insurance policy are children causing damage or injury to others in the community, and bicycle accidents. If you are riding your bicycle and run into a pedestrian causing them personal injury, your home insurance policy would provide compensation to the injured person.

Compensation for loss arising from food poisoning accidentally caused may also be available under your home insurance policy. If, for example, a guest at your dinner party comes down with food poisoning from something you have served, your home insurance policy would provide coverage. It is also possible that coverage would be available in the situation where you ran a barbeque in the community that resulted in some participants coming down with food poisoning. Even though you are outside your home, your home insurance policy may provide coverage.

So, rest assured that you have personal liability coverage available to you under your home policy of insurance, providing blanket coverage for any legal liability arising against you for claims for personal injury occurring on or off your property. If you'd like to speak with a personal injury lawyer in St. Catharines, contact Graves and Richard for a consultation.

# data[].attributes.attachment_link.title
Legal Matters with Chris Richard - Personal Liability Coverage in Your Home Insurance Policy

# data[].attributes.attachment_link.description
Most of us are unaware of the protection that our home insurance policy offers us in terms of personal liability coverage. Chris Richard, the managing partner of Graves and Richard, the premier firm of personal injury lawyers in St. Catharines, discussed with Lee Sterry on Legal Matters just what you get when you see the...

# data[].attributes.headline
Legal Matters with Chris Richard – The Dos and Don’ts of Home Insurance

# data[].attributes.subject
Legal Matters with Chris Richard – The Dos and Don’ts of Home Insurance

# data[].attributes.body
Graves and Richard is the premier personal injury law firm in St. Catharines. To speak to one of our top personal injury lawyers about your insurance claim, contact us for a consultation. For more information Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Shopping for a home insurance policy is much like shopping for a new car. Each home policy of insurance offers protection from loss experienced from unexpected events associated with your property, like each automobile offers you a ride from A to B. But, just as every automobile is made differently and offers different design and operational features, so too does every home insurance policy contain different features that may or may be suited to your individual needs.

Chris Richard, a top personal injury lawyer and the managing partner of Graves and Richard, the largest personal injury law firm in St. Catharines, discussed with Lee Sterry on Legal Matters the importance of being aware of your coverage needs when considering a new or existing home policy of insurance, and choosing a policy that offers you greatest protection from unexpected events.

Chris identified certain "Do's and Don'ts" when choosing a home insurance policy.

DO Know What Your Home Insurance Policy Includes

What is important to remember about home insurance is that all policies are different in the province of Ontario. Each insurer offers its own product, with it its own scope of coverage and its own exclusions, and even the same insurer may have multiple types of policies available.

So, when choosing home insurance, it is important to know what types of situations are covered, whether there is enough coverage available, and whether there are important exclusions that apply.

DO Read the Policy

Before purchasing a home policy of insurance, it's important that you read the policy. A policy may contain an important exclusion that you wouldn't want in your policy, or may not offer adequate coverage if, for example, you undertake major renovations on your home.

An Insurance Broker likely will not be aware of all of the detailed circumstances in your life, and therefore may not know how a particular exclusion could affect you in the case of an unexpected occurrence.

It is our responsibility to read through the policy and ask whether the particular exclusions contained in the policy would apply to us.

DON'T Purchase a Policy Containing an Exclusion That Would Impact You Adversely

Exclusions are events or circumstances that are not covered in our insurance policy.

For example, insurers have made a concerted effort in recent years to exclude coverage for floods. If protection from flooding is important to you, and something that you require, it is important that you know whether your policy excludes coverage for flooding, and to choose a policy that offers this coverage.

Another example is fire protection. Most home insurance policies will offer protection from fire. But, some policies will not cover loss from a fire that is caused by a specific activity or event. A good example is marijuana production. Home insurance policies may exclude coverage for fires that occur when there is a controlled substance present on the property.

The most important thing you can do when choosing a home insurance policy is to read the policy to identify what coverage is available and whether any important exclusions apply to you, and to choose a policy that addresses your individual needs.

Graves and Richard is the premier personal injury law firm in St. Catharines. To speak to one of our top personal injury lawyers about your insurance claim, contact us for a consultation.

# data[].attributes.attachment_link.title
Dos and Don'ts of Home Insurance - Legal Matters with Chris Richard

# data[].attributes.attachment_link.description
Read our new blog and know what are the Dos and Don'ts before you buy a Home Insurance. Meet Chris Richard a top personal injury lawyer and the managing partner of Graves and Richard, where he explains all vital information about Home Insurance. Call us now 905-641-2020

# data[].attributes.headline
Car Accident Insurance Claim | Graves and Richard

# data[].attributes.subject
Car Accident Insurance Claim | Graves and Richard

# data[].attributes.body
At Graves and Richard we are experienced and skilled in handling these claims and securing the benefits to which families may be entitled. Contact our lawyers through our office in St. Catharines at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Life Insurance Claims | Insurance Dispute Lawyer

# data[].attributes.attachment_link.description
Claiming for life insurance benefits can be a complicated process. At Graves & Richard, we have experienced & skilled lawyers to handle any dispute during process.

# data[].attributes.headline
Legal Matters with Chris Richard – When to Contact a Personal Injury Lawyer

# data[].attributes.subject
Legal Matters with Chris Richard – When to Contact a Personal Injury Lawyer

# data[].attributes.body
Chris is a premier personal injury lawyer in St Catharines who has made receiving timely and helpful information a priority at Graves and Richard. If you’ve been injured and would like a consultation with our qualified personal injury lawyers in St Catharines, contact us. Call at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Chris Richard, the managing partner of Graves and Richard, sat down with Kevin Jack during an episode of Legal Matters. Kevin asked Chris several common questions about when to contact a personal injury lawyer if you experience injury, and what to expect during the process of retaining a personal injury lawyer.
If I am injured, when should I contact you?
At Graves and Richard, we hold the philosophy that we will give a free consultation to anyone who has sustained an injury. If you have been involved in a car accident, a fall, or any other accident in which you sustained an injury, it is worth a few minutes of your time to call us and inquire as to what your rights are, and what remedies are available to you.
How significant does my injury have to be before it is "lawsuit worthy"?
There is no bright line that can be drawn as to when your injury is significant enough to pursue a legal remedy. The largest factor is how an injury has affected your life. If a person who has experienced a sprained ankle is forced to take a long time off of work, that relatively minor injury will attract a more significant remedy than for a person for whom no work time was lost.

We have a full range of lawyers at our firm, from lawyers who are new to the practice to lawyers that have been practicing for over 50 years. This enables us to take on cases for people with a wide range of injuries.
Will I be charged if I call you and ask for a consultation?
We don't charge fees for an initial consultation. We will receive your phone call, and talk to you about your injury and how it has affected your life. If remedies are available to you in law, we will invite you in for an initial meeting. You will not be charged a fee for this meeting either. We don't charge any fee along the way until the end when a claim is settled.
So, I don't need to have a big bank account to hire a personal injury lawyer?
No. If you have been injured in an accident and are not working, likely the last thing that you are going to have money for is to pay a lawyer. The fee model in personal injury law allows access to justice for all injured people by providing that fees are paid at the end of the legal process when funds are available.
And I can rest assured knowing that my claim is worthy of pursuit if taken on by a personal injury lawyer?
That is correct. We don't get paid if you don't receive compensation for your injuries. At our firm, we do a thorough analysis in the early stages of the claim process, after the first few meetings and after analyzing the first records that become available. If we decide to take on your claim, we will take it through to the end so long as there is no subsequent information that changes our initial assessment.
What fees do you charge at the end?
The vast majority of the personal injury industry is based on contingency fee agreements. This means that a lawyer will charge a percentage at the time the claim is resolved. Our firm charges a total of 30 percent of whatever amount is recovered on your behalf.
Are there advantages to retaining a local lawyer?
Yes, I believe there are many advantages to retaining a lawyer who practices locally. We have created many working relationships with other local professionals, which helps with speedy and optimal resolution of legal disputes. Additionally, travelling is often physically painful or stressful when you have received a serious injury, and choosing a local lawyer eliminates this factor. Because we are all members of a smaller community, we try to provide more personal service than you may receive in a firm in a larger centre.

Chris is a premier personal injury lawyer in St Catharines who has made receiving timely and helpful information a priority at Graves and Richard. Sustaining a life-altering injury can be a very stressful event, and retaining a personal injury lawyer should not create any added stress. Chris ensures that his clients receive timely and important information, and encourages his clients to feel empowered by, and engaged with, the claim resolution process. If you've been injured and would like a consultation with our qualified personal injury lawyers in St Catharines, contact us.

# data[].attributes.attachment_link.title
Personal injury lawyer | Top-Rated Accident Lawyers-Graves and Richard

# data[].attributes.attachment_link.description
Chris Richard, the managing partner of Graves and Richard, sat down with Kevin Jack during an episode of Legal Matters. Kevin asked Chris several common questions about when to contact a personal injury lawyer if you experience injury, and what to expect during the process of retaining a personal injury lawyer.

# data[].attributes.headline
Legal Matters with Chris Richard – Potential Bias of Prospective Civil Jurors

# data[].attributes.subject
Legal Matters with Chris Richard – Potential Bias of Prospective Civil Jurors

# data[].attributes.body
Chris Richard, the managing partner of Graves and Richard, the largest personal injury firm in St. Catharines, recently discussed this topic on Legal Matters on Niagara’s 610 Newstalk Radio with host Lee Sterry. For more personal injury firm Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Should persons who pay for automobile insurance premiums be excluded as potential jurors in trials involving injured plaintiffs seeking compensation from insurance companies?

Chris Richard, the managing partner of Graves and Richard, the largest personal injury firm in St. Catharines, recently discussed this topic on Legal Matters on Niagara's 610 Newstalk Radio with host Lee Sterry. He identified the potential bias in favour of insurance companies among jurors who hold a belief that awards of damages to plaintiffs in trials causes their insurance premiums to increase, and discussed how our courts are dealing with this important issue.
The Civil Jury Selection Process
A civil jury trial begins with the assembly of a jury panel. Members of the community are randomly chosen to create a jury pool. Unlike the American system, lawyers do not ask questions of potential jurors in Ontario. The only information provided to lawyers about a potential juror is his or her name, age, address and occupation. Both the plaintiff and the defendant can "challenge" four jurors. When a juror is challenged, he or she is taken off the jury panel. A civil jury consists of six members.

Because no questions can be asked of jurors, plaintiff and defence counsel do not get an opportunity to explore whether a potential juror has any bias against the parties in the action.
Potential Bias of Jurors
An important potential bias of jurors in personal injury cases, recently raised in Kapoor v. Kuzmanovski, 2017 ONSC 1709, is created by the belief held by some jurists that lawsuits and awards to plaintiffs are driving up their insurance premiums.

In Kapoor v. Kuzmanovski, the plaintiff was injured in a car accident and commenced an action for compensation. At jury selection, the plaintiff brought a motion to get more information about the potential jurors. The plaintiff expressed concerns that some of the potential jurors may have been influenced by information produced by the insurance industry (which is often unbalanced or untrue) about how damages awarded to plaintiffs at trial are driving up insurance premiums. The plaintiff argued that prospective jurors in civil motor vehicle accident cases, who drive vehicles and are insured, are inherently in a conflict of interest as they have a personal interest at stake adverse to the plaintiff, which creates potential bias in favour of the insurance company. Because potential jurors may hold the belief that they will experience a personal disadvantage in the form of their insurance premiums going up if a large damages award was made in favour of the plaintiff, those potential jurors might be disinclined to make a high award, or any award at all.

The relief requested by the plaintiff in Kapoor v. Kuzmanovski was that potential jurors who drive and pay for insurance premiums be excluded from the jury. In the alternative, the plaintiff asked to remove all potential jurors who pay automobile insurance premiums. In the further alternative, the plaintiff requested permission to question potential jurors who pay automobile insurance premiums to determine whether bias was present, or to have the jury struck in its entirety and have the case decided by judge alone.

The trial judge recognized that novel issues had been raised, which had significant implications to the parties involved, and to the rights of citizens to participate as jurors. The trial judge, therefore, adjourned the case to invite input from the Office of the Attorney General for the Province of Ontario and the Advocates' Society of Ontario, whose membership includes lawyers practising in all areas of civil litigation.
Support in Law for the Plaintiff's Argument in Kapoor v. Kuzmanovski
There is some support in law for the argument the plaintiff made in Kapoor v. Kuzmanovski.

The argument that prospective jurors in civil motor vehicle accident cases, who drive vehicles and are insured, are inherently in a conflict of interest and potentially biased in favour of the insurance companies has been made and considered in several cases decided in British Columbia.

In Shariatamadari v. Ahmadi (May 4, 2009), Doc. Vancouver S06 1583 (B.C.S.C.), the plaintiff injured in a car accident sued the British Columbia public insurance company ICBC. The court discovered that during jury deliberations, one of the jurors had actually expressed concern that a high damages award would drive up the cost of all of their own insurance rates. Several jury members were questioned by the judge during jury break and it was discovered that one had commented "well... if the plaintiff is asking for all of these medical expenses to be paid by ICBC, our insurance rates will go up, so we can't let that happen.."

This case illustrates that the argument regarding potential juror bias in automobile insurance cases is not necessarily theoretical. The juror actually held the thought that an award of damages will cause his or her insurance rates to go up, expressed it to other jurors, and indicated that his or her decision regarding entitlement to certain expenses would be determined based on this factor alone.

In Yates ( Litigation guardian of) v. Lee, 2014 BCSC 1298, a six-year-old boy was injured in a car accident, and an action was commenced on his behalf for damages against the ICBC. The ICBC elected a trial by jury. The plaintiff's lawyers brought an application to strike the jury on the ground that the jury pool had been tainted by a recent letter sent by the ICBC to all policy holders in the province wherein they linked an increase in insurance rates to personal injury damages awards. The plaintiff argued that the letter created a bias among the jurors in favour of the insurance company. The chambers judge dismissed the application on the basis that the plaintiff was unable to prove that the jurors wouldn't be able to set aside any possible bias.

Unlike the judge in Yates ( Litigation guardian of) v. Lee, the judge in Norsworthy v. Green (May 30, 2009, Doc. Victoria 06 2644 (B.C.S.C.) accepted the argument of bias. There, the judge commented that every potential juror knows that ICBC funds damages awards, and that this creates the risk that prospective jurors may believe that the higher an award in a given case, the greater the likelihood that their own insurance premiums may rise. The judge observed that such thinking is improper, and would, if disclosed, demonstrate bias.

This reasoning has already been applied by the Ontario Legislature with respect to the potential bias by taxpaying jurors in actions involving municipalities, by codifying a rule in s. 108(2) of the Courts of Justice Act that a trial by jury is not permitted in cases involving a municipality. If an action was commenced against the City of St. Catharines for compensation for an injury sustained due to a poorly maintained road, for example, the parties in that case are not permitted to request that a jury decide that case. The reasoning behind this rule is that because jurors are taxpayers in the municipality, they have a personal interest in the outcome of a case against the municipality based on their belief that if damages are awarded against a citizen, they as taxpayers are paying for those damages.

Personal injury lawyers are aware that this potential bias among prospective jurors is an active and important issue in any case involving an automobile insurance company, and are mindful to take strategic steps to safeguard the interests of their injured clients.

# data[].attributes.attachment_link.title
Potential Bias of Prospective Civil Jurors | Personal Injury Accident

# data[].attributes.attachment_link.description
Should persons who pay for automobile insurance premiums be excluded as potential jurors in trials involving injured plaintiffs seeking compensation from insurance companies? Chris Richard, the managing partner of Graves and Richard, the largest personal injury firm in St. Catharines, recently discussed this topic on Legal Matters on Niagara's 610 Newstalk Radio with host Lee Sterry.

# data[].attributes.headline
Legal Matters with Chris Richard – When to Contact a Personal Injury Lawyer

# data[].attributes.subject
Legal Matters with Chris Richard – When to Contact a Personal Injury Lawyer

# data[].attributes.body
Chris is a premier personal injury lawyer in St Catharines who has made receiving timely and helpful information a priority at Graves and Richard. Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Chris Richard, the managing partner of Graves and Richard, sat down with Kevin Jack during an episode of Legal Matters. Kevin asked Chris several common questions about when to contact a personal injury lawyer if you experience injury, and what to expect during the process of retaining a personal injury lawyer.
If I am injured, when should I contact you?
At Graves and Richard, we hold the philosophy that we will give a free consultation to anyone who has sustained an injury. If you have been involved in a car accident, a fall, or any other accident in which you sustained an injury, it is worth a few minutes of your time to call us and inquire as to what your rights are, and what remedies are available to you.
How significant does my injury have to be before it is "lawsuit worthy"?
There is no bright line that can be drawn as to when your injury is significant enough to pursue a legal remedy. The largest factor is how an injury has affected your life. If a person who has experienced a sprained ankle is forced to take a long time off of work, that relatively minor injury will attract a more significant remedy than for a person for whom no work time was lost.

We have a full range of lawyers at our firm, from lawyers who are new to the practice to lawyers that have been practicing for over 50 years. This enables us to take on cases for people with a wide range of injuries.
Will I be charged if I call you and ask for a consultation?
We don't charge fees for an initial consultation. We will receive your phone call, and talk to you about your injury and how it has affected your life. If remedies are available to you in law, we will invite you in for an initial meeting. You will not be charged a fee for this meeting either. We don't charge any fee along the way until the end when a claim is settled.
So, I don't need to have a big bank account to hire a personal injury lawyer?
No. If you have been injured in an accident and are not working, likely the last thing that you are going to have money for is to pay a lawyer. The fee model in personal injury law allows access to justice for all injured people by providing that fees are paid at the end of the legal process when funds are available.
And I can rest assured knowing that my claim is worthy of pursuit if taken on by a personal injury lawyer?
That is correct. We don't get paid if you don't receive compensation for your injuries. At our firm, we do a thorough analysis in the early stages of the claim process, after the first few meetings and after analyzing the first records that become available. If we decide to take on your claim, we will take it through to the end so long as there is no subsequent information that changes our initial assessment.
What fees do you charge at the end?
The vast majority of the personal injury industry is based on contingency fee agreements. This means that a lawyer will charge a percentage at the time the claim is resolved. Our firm charges a total of 30 percent of whatever amount is recovered on your behalf.
Are there advantages to retaining a local lawyer?
Yes, I believe there are many advantages to retaining a lawyer who practices locally. We have created many working relationships with other local professionals, which helps with speedy and optimal resolution of legal disputes. Additionally, travelling is often physically painful or stressful when you have received a serious injury, and choosing a local lawyer eliminates this factor. Because we are all members of a smaller community, we try to provide more personal service than you may receive in a firm in a larger centre.

Chris is a premier personal injury lawyer in St Catharines who has made receiving timely and helpful information a priority at Graves and Richard. Sustaining a life-altering injury can be a very stressful event, and retaining a personal injury lawyer should not create any added stress. Chris ensures that his clients receive timely and important information, and encourages his clients to feel empowered by, and engaged with, the claim resolution process. If you've been injured and would like a consultation with our qualified personal injury lawyers in St Catharines, contact us.

# data[].attributes.attachment_link.title
Personal injury lawyer | Top-Rated Accident Lawyers-Graves and Richard

# data[].attributes.attachment_link.description
Chris Richard, the managing partner of Graves and Richard, sat down with Kevin Jack during an episode of Legal Matters. Kevin asked Chris several common questions about when to contact a personal injury lawyer if you experience injury, and what to expect during the process of retaining a personal injury lawyer.

# data[].attributes.headline
Personal Injury Lawyer | Motor Vehicle Accident

# data[].attributes.subject
Personal Injury Lawyer | Motor Vehicle Accident

# data[].attributes.body
Graves and Richard offer a free, one hour consultation to discuss the particulars of your accident and how we can help maximize your compensation. Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Personal Injury Lawyer for Auto Car or Motor Vehicle Accidents

# data[].attributes.attachment_link.description
For an auto car accident or a motor vehicle injury, our team of personal injury lawyers at Graves and Richard can help in maximizing your compensation.

# data[].attributes.headline
Legal Matters with Chris Richard – Personal Liability Coverage in Your Home Insurance Policy

# data[].attributes.subject
Legal Matters with Chris Richard – Personal Liability Coverage in Your Home Insurance Policy

# data[].attributes.body
To speak with a personal injury lawyer about your claim, contact Graves and Richard, the premier personal injury law firm in St. Catharines. Contact Graves and Richard Professional Corporation at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
The issue of road safety is a key issue in motor vehicle law. An unsafe road can cause injury and accidents to even the most safety-conscientious driver.
Chris Richard, the managing partner of the personal injury law firm in St. Catharines, Graves and Richard, discussed this topic on Niagara's 610 Newstalk Radio with host Lee Sterry, including the many factors that contribute to unsafe road conditions, such as potholes and the presence of ice and snow and debris on the road. During this airing, Chris talked about the provincially mandated standards municipalities are required to meet with respect to road safety, and when liability attaches to municipalities in the event that someone is injured on a municipal road.
Road Safety Rests With Municipalities
Generally speaking, the responsibility for maintaining roadways rests with municipal or regional governments. The provincial government has mandated that municipalities keep the roadways in their respective jurisdictions in a state of repair that is reasonable in light of all the circumstances, including the character and the location of the roadway.

With this positive duty, the provincial government has assigned liability consequences by providing that municipalities are responsible for any injury caused as a result of its failure to meet its mandate.
There are several reasons why the provincial government places this onus on municipalities. First, keeping the road safe is a vital public interest, and the creation of a positive obligation on municipalities is an important way to ensure road safety. Second, placing a positive onus to maintain safety standards ensures that municipalities are allocating sufficient financial resources in the face of competing priorities and initiatives.
Municipal Roads Safety Standards
Before 2002, municipalities set their own standards of what was reasonable in terms of states of repair, and courts were ultimately responsible for judging those standards. In 2002, the Province of Ontario standardized service obligations with respect to roadways, and provided that if municipalities met those standards, they wouldn't be held responsible for any personal injury claims and damages occurring as a result of a condition on a municipal road.

Different standards apply to municipal roads based on their respective assigned classification. All roadways are divided into classes based on the speed limit of the road, and the volume of traffic that travels on the road. There are six classes of roads. Regional roads that experience heavy traffic, for example, Geneva Street in St. Catharines, constitute one road classification. Another road classification encompasses typical residential streets. These two classifications are used as examples highlighting the differences in safety standards that apply with respect to various municipal road safety obligations throughout the remainder of this blog.
Road Patrolling
The first obligation of a municipality is to patrol the road, and look for hazards, or conditions in a state of "non-repair", such as deterioration. With respect to a very busy road, a municipality is obligated to patrol twice every seven days. With respect to residential roads, a municipality must patrol once every two weeks.
Snow Removal
The obligation with respect to a municipality to keep its roads clear of snow differs depending on whether the snowfall is in progress or has completed. With respect to a snowfall in progress, a municipality is obligated only to provide snow removal services "as soon as practicable". After a snowfall, and once snow has ceased accumulating, however, the municipality is required to remove snow from the roadways. On a very busy road, snow must be removed to a depth of five centimeters within six hours of the snowfall occurring. On a residential street, snow must be removed to a depth of eight centimeters within 16 hours.
Ice removal
After becoming aware that a roadway is icy, or is likely to become icy, a municipality is required to take action to prevent ice formation. On Geneva Street, the standard is four hours. With respect to residential roads, the current standard is 12 hours.
Potholes

Municipalities are required to repair potholes. They are an accident hazard on the road, and they cause damage to property. On a very busy road, a municipality only has to repair a pothole that measures a minimum of 800 square centimeters wide and eight centimeters deep. Once the municipality discovers a pothole of this size or larger, it has four days within which to affect repairs. Given that the obligation to patrol a very busy road is twice every seven days, a pothole meeting these minimum size requirements should not take more than 11 days to fix.

With respect to a road in a residential neighbourhood, a municipality must repair a pothole measuring 1,000 square centimeters wide and eight centimeters deep within 14 days after becoming aware of it.
Sidewalks

A municipality has an obligation to inspect a sidewalk at least once every 16 months for heaving, which occurs when there is a difference in height between one sidewalk slab and another.
One may question the adequacy of this standard given that many claims are created from individuals tripping over an uneven sidewalk. Heaving in a sidewalk can happen quickly, sometimes even after one significant freezing event.

The role of a personal injury lawyer in advancing a personal injury claim on behalf of a client injured as a result of a municipal road condition is to first document the condition of non-repair by way of taking measurements if appropriate, and to require the municipality to produce its records to establish whether it has met the applicable safety standard. If the standard has not been met, an injured plaintiff may establish liability against the municipality, and the municipality may be responsible for paying damages. To speak with a personal injury lawyer about your claim, contact Graves and Richard, the premier personal injury law firm in St. Catharines.

# data[].attributes.attachment_link.title
Auto Accident Lawyer | Injury Lawyer | Municipal Roads

# data[].attributes.attachment_link.description
Read our latest blog and know why the road safety is an important issue in motor vehicle law. Meet our expert lawyer and know the key factor for road safety. For more details book an appointment now or call us at 905-641-2020

# data[].attributes.headline
Drunk Driving Accidents | Graves and Richard

# data[].attributes.subject
Drunk Driving Accidents | Graves and Richard

# data[].attributes.body
If you or a loved one has been the victim of a drunk driver, our lawyers can apply their experience to helping you obtain the compensation to which you are entitled. For more details contact Graves and Richard at 905-641-2020 or visit http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Drunk Driving Accidents Lawyer | DUI Laws Ontario

# data[].attributes.attachment_link.description
Under Ontario motor vehicle accident legislation, accident victims are entitled to benefits and can sue for damages. We can help you claim max for damage.

# data[].attributes.body
Graves & Richard's personal injury lawyers from Niagara Falls are professional & experienced and help victims with car accident settlements. To know more call us at 905-641-2020 or visit:http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Personal Injury & Accident Lawyers St Catharine's | Welland | Niagara

# data[].attributes.attachment_link.description
Graves and Richard law firm in St. Catharine's solely works for personal injury settlements like car or snowmobiling accidents. We serve in Welland & Niagara Region.

# data[].attributes.body
Our car accident lawyer team in St. Catherine's, At Graves and Richard can work with you to quickly file your intention to make a claim, and protect to seek compensation. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.description
If you were injured on a roadway that was not cleared of dangers, such as snow, tree limbs then you must act quickly for compensation as govt agencies have time limits.

# data[].attributes.body
Do you injure in the United States & other country and need car accident insurance claim? Graves and Richard’s team will be able to assist you to call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Accidents Out of the Country | Injured in US or Canada

# data[].attributes.attachment_link.description
We have personal injury legal coordinators to ensure you will receive all the benefits to which you are entitled both within Canada and the United States.

# data[].attributes.headline
Lawyers for Motor Recreational Vehicle Accidents

# data[].attributes.subject
Lawyers for Motor Recreational Vehicle Accidents

# data[].attributes.body
Do you seriously hurt due to a collision involving an RV.? If you need motor vehicle accident lawyers contact Graves and Richard Professional Corporation at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Recreational Vehicle Accidents | RV Personal Injury Lawyer

# data[].attributes.attachment_link.description
RVs can inflict greater injuries on the motorists around them. If you have been injured in an RV accident then we have a free, one-hour consultation for you to claim.

# data[].attributes.headline
Snowmobiling Accidents Long Term Disability Lawyer

# data[].attributes.subject
Snowmobiling Accidents Long Term Disability Lawyer

# data[].attributes.body
If your case requires a consultant & lawyers for motor vehicle accidents, we will work on your behalf to secure an expert in the required field. Contact Graves and Richard Professional Corporation at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Snowmobiling Accident Lawyer | No Fees if No Recovery

# data[].attributes.attachment_link.description
Snowmobile accidents are much more serious than motor vehicle injuries. Our experienced lawyers will negotiate on your behalf to maximize your compensation.

# data[].attributes.body
Police investigations are not determinative of the result in a civil trial. Report charges are laid, it is helpful to see a personal injury lawyer and receive advice. Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
You have been injured in a car accident. The police conducted an investigation, determined that you caused the accident, and charged you with a criminal offence. You think that because you have been criminally convicted in relation to this accident that you do not have a civil case to recover damages for the injuries that you sustained. This may not be true, however.

Police investigations are not determinative of the result in a civil trial. Regardless of the conclusions drawn by the police following their investigation and whether charges are laid, triers of fact in the civil system must weigh all relevant evidence and can potentially reach very different conclusions than the police.

Chris Richard, Managing Partner of Graves and Richard, a well-known personal injury law firm serving St. Catharines and the Niagara Falls area, sat down with host Lee Sterry of Niagara's 610 Newstalk Radio and discussed this topic during a recent episode of Legal Matters.
The Two Systems: Criminal/Regulatory and Civil
It could be said that we effectively have two separate and independent legal systems in Ontario. We have the criminal system, which includes the regulatory system for our purposes, and the civil law system. Someone is involved in the criminal and regulatory system when he or she is charged with a criminal offence under the Criminal Code, or a provincial offence under the Highway Traffic Act. The criminal and regulatory system is a state versus citizen system. Someone is involved with the civil system when he or she has a dispute against another individual. The state isn't involved in civil law other than providing a court system within which to resolve the disputes.
How the Systems Interact
One area in which these two systems interact is that of police investigations of car accidents.
Accident Reconstruction Reports
In almost every accident, a police investigation is conducted in which photographs will be taken of the accident scene, and statements will be obtained from the people involved in the accident and independent witnesses. In cases involving serious injuries or fatalities, the police will prepare an Accident Reconstruction Report, in which the accident is reconstructed using measurements, positioning of the vehicles, and speed calculations to draw conclusions regarding points of impact. Also, Vehicle Inspection Reports will be prepared after mechanical inspections of vehicles are performed. The police perform investigations, and prepare these reports solely for the purpose of determining whether a criminal or regulatory charge should follow a collision.

By the time someone contacts a personal injury lawyer, the accident scene has been cleared, the vehicles have been removed, and the witnesses have gone on their way. The raw data accumulated by the police becomes vitally important to the personal injury lawyer in preparing a case.

For the purposes of the outcome of a civil case, the conclusions drawn by the police from their evidence aren't determinative. In a civil case, the trier of fact, whether it be a judge or a jury, has the duty to assess the reliability and the strength and weakness of all the evidence that comes before them.

A personal injury lawyer will often take the raw data collected during a police investigation, and give it to a forensic engineer with a speciality in accident reconstruction to perform an independent evaluation of the evidence and draw their own conclusions. Engineers tend to be more qualified than a police accident reconstructionist in the sense that they have completed more years of schooling and have developed a speciality in the area. If the conclusion drawn by an engineer is different from the conclusion drawn by the police regarding how an accident occurred, that is evidence that a trier of fact will assess along with the Accident Reconstruction Report and other raw evidence.

Chris shared that several years ago, he had a case involving a head on collision. The accident occurred in the middle of the road. The police had determined, based on an analysis of skid marks on the road, that his client had crossed the centre line first. Chris retained an engineer who, after an independent investigation, determined that the police weren't correct because the skid marks that they had identified as belonging to his client got narrower further down the road, which was not typical.

Accident Reconstruction Reports, then, are simply one source of information, among many, for the purposes of determining fault and liability in a civil case.
Effect of Criminal Charges in a Civil Case
Another area in which the criminal (and regulatory) and civil systems overlap is in the area of criminal or provincial offence charges.

For the purposes of a civil proceeding, the act of being charged with an offence is irrelevant. A charge or evidence of a charge, under the Criminal Code or Highway Traffic Act, is not admissible in a civil proceeding. A judge and jury will not be made aware of a charge, and neither is permitted to consider it.

A conviction, on the other hand, occurs after someone has been found guilty of an offence, either by pleading guilty or by being found guilty by a judge or jury following a trial. Convictions are admissible under s. 22.1 of the Evidence Act as fact. This section states that a conviction is proof of fact in the absence of evidence to the contrary, thereby arguably creating a rebuttable presumption. For example, if someone is convicted of failing to stop at a red light, and the conviction is the only evidence presented, the triers of fact would find as a fact that the person didn't stop for the red light. But if, in this scenario, a witness came forward and testified that he or she saw that when that person went through the light that it was green , the weight of the conviction is much less, and a trier of fact will be required to weigh the evidence and come to their own conclusion.

Chris recalls a case in which his client pled guilty to a charge of making an improper left turn. As she was making a turn through traffic, a vehicle travelling in another lane struck the rear side of her vehicle. An engineering analysis revealed that the driver of the vehicle that hit Chris' client was speeding at the time, and if he hadn't been speeding the accident would not have happened. The case went to trial, and a jury found that Chris' client was 25 percent responsible while the driver who hit her was 75 percent responsible for the accident. She was charged, and pled guilty to the offence of making an improper left turn, but was still able to recover compensation through the civil system.

A criminal conviction must also be relevant to the civil action in order for it to be admissible. In other words, the charge must be causally connected to the accident. If for example, a driver who is impaired by alcohol is stopped at a red light and is suddenly rear-ended, the fact that the driver's blood alcohol level as significantly over the legal limit is irrelevant in any civil proceeding because it wasn't one of the factors that caused the accident. Another example is a person being charged with operating an unsafe vehicle. This can arise in the situation where a mechanical investigation conducted after the accident reveals that the person not in fault was driving a vehicle with an unsafe condition. This condition, while legally unsafe, did not have anything to do with the cause of the accident, and is therefore not relevant in a civil proceeding.

The important point to take from this discussion is that the results of a police investigation are not determinative of the result in a civil trial. If someone has been injured in an accident, regardless of the conclusions drawn in an Accident Reconstruction Report and whether charges are laid, it is beneficial to see a personal injury lawyer and receive advice.

# data[].attributes.attachment_link.title
Car Accident Lawyer | Police Investigation in Civil Cases

# data[].attributes.attachment_link.description
They are able to work closely with their legal team, this is most unlikely to happen if they were simply witnesses for the Crown in a criminal case. If you criminally convicted in relation to this accident that you do not have a civil case to recover damages for the injuries that you sustained.

# data[].attributes.headline
A Look at an Individual Policy of Insurance

# data[].attributes.subject
A Look at an Individual Policy of Insurance

# data[].attributes.body
Once you purchase an auto insurance policy, you are receiving three products. These damages are paid for by your insurance company as part of your liability coverage. Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
On June 1 st 2016, the new Statutory Accident Benefits Schedule was implemented for every driver in Ontario upon renewal of their policy after June 1 st.

Chris Richard, the Managing Partner of Graves and Richard, participated in an episode of Legal Matters on Niagara's 610 Newstalk Radio with host Lee Sterry in which he discussed the consequences of these changes, and the availability and desirability of purchasing optional benefits in the context of his own automobile insurance policy that had recently come up for renewal.

For each of us, the importance of having a policy of insurance that will provide us with adequate protection in the case that we are injured in a motor vehicle accident cannot be understated. A few moments of thought into the desirability of purchasing optional benefits at the time of renewal of your auto insurance policy, and a relatively slight increase in your insurance premiums, could prove invaluable at a time when you are most vulnerable following an accident.

The Three Components of an Auto Insurance Product

When you purchase an auto insurance policy, you are receiving three products. The first is liability coverage, which represents the amount you are covered for if you cause an accident and compensation in the way of damages is sought against you. These damages are paid for by your insurance company as part of your liability coverage. The second is property damage, which represents damage to your vehicle following an accident. Your insurance company pays for your repairs from the property damage portion of your policy. The third is Statutory Accident Benefits, which are benefits, including Medical Benefits and Income Replacement Benefits, which are available to everyone involved in a car accident regardless of who is at fault for causing the accident.

Government Cuts to Statutory Accident Benefits

After June 1 st 2016, significant changes were made to the amounts available under the Statutory Accident Benefits. The most significant changes occurred in the area of Medical Benefits and Attendant Care Benefits.

Prior to June 1 st, we all had $50,000 available in Medical coverage and $36,000 in Attendant Care coverage for non-catastrophic injuries sustained in a motor vehicle accident. These amounts sound generous, but in the case of serious accidents, they can be depleted rapidly. Coverage for Medical Benefits includes physiotherapy, massage, and chiropractic treatments, prescription medicine, assistive devices, and occupational therapy. Attendant Care Benefits provide for payment to a Personal Support Worker or some other person who assists with personal care needs following an accident.

After June 1 st, the amount available for Medical and Attendant Care coverage in the non-catastrophic injuries classification combined is $65,000. So, rather than have $86,000 available for these benefits, now we have $65,000 available, representing a reduction of $21,000. With respect to catastrophic injuries, the impact is even more dramatic. Before June 1 st, we had one million dollars available for Medical and Rehabilitation Benefits, and another one million dollars for Attendant Care Benefits. Since June 1 st, that amount has effectively been cut in half. Now, one million dollars is available for both Medical and Rehabilitation Benefits and Attendant Care Benefits.

Purchasing Optional Benefits to Restore You to Your Pre-June 2016 Benefit Coverage

Optional benefits can be purchased to restore you to your pre-June 2016 benefit coverage position.

First, you would be required to purchase benefits to increase the non-catastrophic amounts payable to $130,000 combined. Second, you would be required to increase the catastrophic benefits to $2 million.

Chris shared that with respect to his policy, the cost to him to increase his non-catastrophic benefits to $130,000 per year was $33 per year and that the cost to increase the catastrophic benefits to $2 million was $11 per year. The total monthly cost of purchasing these optional benefits was $3.67.

Other Types of Optional Benefits Available

There are other Optional Benefits available for purchase that may prove beneficial to some depending on their particular life circumstances.

Income Replacement Benefits. The standard Income Replacement Benefit is 70 percent of your gross income up to a maximum of $400 per week. This can be increased to $600, $800, or $1,000 per week. If you don't have access to long-term disability benefits, and your income is such that receiving $400 per week would represent a significant reduction in your monthly income, purchasing additional Income Replacement Benefits could be beneficial for you.

Caregiver Benefits. This benefit applies to stay-at home parents who are not working, and provides that you receive a payment of $250 per week for your first dependant child and $50 per week for every additional child. This applies in the situation where you are involved in an accident at a time when you are at-home caring for your children, and are rendered unable to continue that care because of the injuries you sustained in the accident.

Death and Funeral Expenses. The amount payable for death and funeral expenses can be increased to a maximum of $50,000 lump sum payable upon the death of a spouse. This option may be attractive to someone who would not qualify for life insurance.

While some of these optional benefits may only be beneficial to some, purchasing optional Medical and Rehabilitation Benefits is a good idea for everyone in the case that personal injuries are sustained in a motor vehicle accident.

# data[].attributes.attachment_link.title
A Look at an Individual Policy of Insurance | Personal Injury Lawyer

# data[].attributes.attachment_link.description
On June 1 st 2016, the new Statutory Accident Benefits Schedule was implemented for every driver in Ontario upon renewal of their policy after June 1 st.

# data[].attributes.headline
Personal Injury Lawyers | Car Accident Insurance Claim

# data[].attributes.subject
Personal Injury Lawyers | Car Accident Insurance Claim

# data[].attributes.body
If you’d like to speak with a personal injury lawyer in St Catharines because of a car accident insurance claim, speak to one of the personal injury lawyers at Graves and Richard. For more details contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Bicycle accidents can result in serious injury. Chris Richard, the managing partner of Graves and Richard, talked with host Lee Sterry on Legal Matters recently about how the law encourages motorists to take extra precautions to ensure the safety of cyclists on the road through the creation of a presumption that an accident between a motorist and a cyclist is the fault of the motorist. Chris also talked about situations in which motorists may beat this "reverse onus" and establish contributory negligence on the part of the cyclist.
Reverse onus of proof in accidents involving cyclists
The starting point for any cyclist car accident case requires an examination of the "reverse onus" provision contained in s. 193(1) of the Highway Traffic Act. This section provides that the motorist presumed negligent if they hit a pedestrian with their car. For the purposes of this section, cyclists are considered pedestrians.
Contributory negligence
This "reverse onus" is not impossible to beat. The motorist has the opportunity to rebut that presumption and to produce evidence as to why the cyclist was negligent in creating a situation in which he or she may be found partly, or wholly, responsible.

There are several instances in which the actions of the cyclist can, in a court action, be deemed to be contributing to his or her negligence. One example is if a cyclist is riding a bicycle at night without a light or without adequate reflectors, and the cyclist is involved in an accident with a motor vehicle. The absence of a light or reflectors will not be relevant in all circumstances, however. For example, if the intersection is clearly lit and the bicycle was clearly visible, the presence or absence of light is not relevant to the cause of the accident.

Another example of when the actions of a cyclist can be deemed to be contributorily negligent is an accident that occurs when the cyclist is not wearing a bike helmet. In Ontario, cyclists under the age of 18 are required to wear a helmet. From a civil law perspective, however, if the cyclist who is over the age of 18 is not wearing a helmet, he or she may be found to be contributorily negligent regardless of the law. If a cyclist involved in an accident with a motorist receives a head injury, the question of whether that cyclist was wearing a helmet is entirely relevant. If that same cyclist, however, injures his ankle, the question of whether a helmet was worn at the time is not relevant.
Cyclist at fault
If a cyclist is entirely at fault, which would be the case if, for example, a cyclist riding on the sidewalk collides with a pedestrian, the liability provisions of the cyclist's homeowner's policy will provide coverage for the injured pedestrian.
No fault accident benefits coverage for cyclists
If a cyclist is involved in an accident with a motor vehicle, the cyclist is entitled to make a claim for no-fault benefits for injuries sustained in the accident. If a cyclist has a vehicle of his or her own, or if the cyclist is a minor whose family-member owns a vehicle, that cyclist is entitled to make a claim for no fault benefits from their own auto insurer. If a cyclist does not have their own automobile insurance policy, that cyclist will be able to access no fault accident benefits through the vehicle's insurance policy. Regardless, there will always be no-fault benefits available to a cyclist involved in an accident with a vehicle.

Personal injury lawyers work with both cyclists and motorists in their claim for damages for injuries suffered. If you'd like to speak with a personal injury lawyer in St Catharines because of a car accident insurance claim, speak to one of the personal injury lawyers at Graves and Richard. We understand that car accident insurance claims are stressful, and we aim to ensure that our clients receive the information and support they need for their claim resolution process. For a consultation with our experienced personal injury lawyers in St Catharines, contact us.

# data[].attributes.attachment_link.title
Accident Insurance Claim | Accidents Involving Bicycles

# data[].attributes.attachment_link.description
Bicycle accidents can consequence in serious and sometimes fatal injuries. Law Firms to recover damages for injuries in bicycle accidents with automobiles involve many of the same issues as any auto accident Law Firms. You can have an experienced law firm evaluate the merits of your claim for free.

# data[].attributes.headline
Brain Injury Lawyers | Graves and Richard

# data[].attributes.subject
Brain Injury Lawyers | Graves and Richard

# data[].attributes.body
Brain injuries have a life-changing impact on the lives of the victims. Our team at Graves and Richard Professional Corporation, Personal Injury Lawyers is knowledgeable and experienced in dealing with closed and open head injuries. Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Traumatic Brain or Head Injury Lawyer | Graves & Richard

# data[].attributes.attachment_link.description
Brain injuries have a life-changing impact on the lives of the victims. Our injury lawyers are knowledgeable & experienced in dealing with brain injuries.

# data[].attributes.body
A no-fault insurance claim, sometimes called a personal injury accident is one you make with benefits are often referred to as “no-fault” of damages after a car accident. Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.description
Whether it is your fault or not in an accident, you may be entitled to receive accident benefits from your insurance company. Call us to claim a no-fault insurance.

# data[].attributes.headline
The Reasons Why Personal Injury Law Exists

# data[].attributes.subject
The Reasons Why Personal Injury Law Exists

# data[].attributes.body
The reasons why personal injury law exists! Balance between accident prevention measures and personal responsibility. Contact at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
When most people hear the term "personal injury law", images of ambulance-chasing lawyers and injury-exaggerating clients come to mind. These images not only do not reflect reality, but they can also cause important social functions the practice of personal injury law provides to be overlooked.

Chris Richard, the managing partner of Graves and Richard, spoke with host Lee Sterry of Niagara's 610 Newstalk Radio to discuss why personal injury law exists, what lawyers practicing in the area of personal injury law are trying to achieve, and the social benefits personal injury law provides.

Chris identified and discussed two primary purposes of personal injury law: to regulate behaviour in society, and to provide compensation to people who have sustained injury in an accident.

REGULATION OF SOCIAL REGULATION

The first fundamental purpose of personal injury law is to regulate social behaviour.

A good example of how personal injury claims affect social behaviour is in the area of driving habits. If someone is involved in numerous accidents, or receives multiple speeding tickets, that person's insurance premiums increase. The main reason why insurance rates go up is due to the effect of personal injury law. The greatest risk to an insurance company of a person involved in multiple accidents or someone who receives numerous speeding tickets is the potential of a personal injury lawsuit and the consequential paying out of damages. Because of this risk, insurance companies raise rates.

By raising rates in response to an increased risk of paying damages in a personal injury action, social behaviour is regulated. The cost to a person of receiving one or two $50 speeding tickets may have a minor effect on regulating that person's behaviour. But, the consequence of an insurance rate hike of $100 per month for a number of years has a much more potent effect on that person's speeding patterns.

Encourages Awareness of Safety

Another way in which the presence of personal injury law regulates social behaviour is that it encourages awareness of safety. The threat of legal action causes people, businesses, and organizations to take proactive steps to ensure the safety of others and to avoid injury giving rise to legal action.

It is now common knowledge that people, businesses, and organizations are responsible for preventing dangerous situations. The thought of potential accidents causing injury and resultant legal action causes cities, homeowners, and business owners to remove snow, and place salt on roads, sidewalks, parking lots, and paths. This makes travelling in the winter safer for all members of society.

Another good example is heaving in sidewalks or paths that are potential trip hazards. There is no law that a business owner or homeowner monitor and fix a heave in a sidewalk or an uneven path. However, the threat of a lawsuit in the face of an injury sustained as a result of someone tripping and falling on the potential hazard provides the impetus to keep property safe.

The threat of personal injury lawsuits creates common sense safety standards for business owners and homeowners to follow. In grocery stores, for example, because of the multitude of personal injury lawsuits that result from customers slipping and falling on water spilt on the floor, most grocery stores have implemented inspection and prevention measures to avoid such incidents. Mats are installed at store entrances to collect water so that the floors inside stay dry, and attention is paid to choosing non-slip flooring. These measures are all taken for the purpose of creating a safe environment.

The Balance Between Accident Prevention Measures and Personal Responsibility

While the behaviour of people, businesses, and organizations is regulated by the threat of personal injury lawsuits, the law also imposes an obligation on every person to reasonably care for their own safety. In the case of a slipping hazard created by a heavy snow- and ice-storm, a known hazard exists. If the business- or home-owner does nothing about the hazard, liability may follow. By the same token, if a person sees the ice and is wearing high-heeled shoes with no tread, liability would likely attach to that person as well. In this case, a judge or a jury would balance the respective responsibilities for a resultant injury and apportion liability accordingly.

COMPENSATION FOR INDIVIDUALS SUSTAINING INJURY

The second fundamental purpose of personal injury law is to compensate individuals for the injuries they sustained as a result of an accident. Contrary to popular belief, damages awarded in personal injury actions are not "windfalls", but rather they are designed to compensate a person for injuries sustained and to restore them, as much as possible, to the position that person would have been in had the accident not occurred. If a person was rendered unable to work following an accident, that person is awarded a sum of money the equivalent to what that person would have earned had the accident not happened. Pain and suffering also is compensated by way of money.

Chris shared that, in his experience, once jurors put the plaintiff's injuries in the context of that person's life, they don't view an award of damages as a windfall anymore, but rather they quickly begin considering the question of what an appropriate amount of money would be for someone who will never have the same quality of life again because of an accident. If the plaintiff is 40 year years old, was involved in an accident, was in good health before the accident, had neck pain following the accident, and was expected to have neck pain for the rest of her life, a sum of money compensating for that pain and suffering could be appropriately quite substantial.

In summation, personal injury law regulates behaviour in society, encourages safety standards, and provides compensation to people who have sustained injury in an accident.

# data[].attributes.attachment_link.title
Personal Injury Lawyer | Reasons Why Personal Injury Law Exists

# data[].attributes.attachment_link.description
Know how personal injury law regulates behaviour in society and encourages safety standards along with providing the benefits to people who have sustained an injury in an accident. For more details contact our personal injury lawyers at 905-641-2020 or visit our office today.

# data[].attributes.body
Graves and Richard work with our long term disability insurance lawyers of professionals to investigate your accident and determine the liable parties. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Commercial Truck Accidents Lawyer | Free Initial Consultation

# data[].attributes.attachment_link.description
Let our skilled lawyers investigate your truck accident and determine the liable parties for the accident. We will help you seek the maximum compensation you deserve.

# data[].attributes.body
Our head injury lawyers will provide an honest assessment of your mass transit accident and detail how we can help you protect your rights. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Mass Transit Accidents | MTA Personal Injury Claim

# data[].attributes.attachment_link.description
Accidents involving mass transit systems are rare & difficult in determining liability for injured passengers & obtaining compensation. Call us for a claim.

# data[].attributes.headline
Just How ‘Independent’ are Medical Assessments

# data[].attributes.subject
Just How ‘Independent’ are Medical Assessments

# data[].attributes.body
At Graves & Richard, We’ll help you with insurance company disputes, including slip and fall settlements and car accident insurance claims. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
You have been denied a medical benefit by your insurance company after you sustained an injury in a motor vehicle accident. You feel a momentary sigh of relief when the insurance company tells you that they are sending you to a doctor who will perform an Independent Medical Assessment ("IMA") to provide an opinion as to the degree and extent of your disability. You think, "This doctor will help me." The reality is that the opinion expressed in approximately four out of five IMAs will be in favour of the insurance company. Fortunately, a personal injury lawyer can help you work with the insurance company to get what you need.

Chris Richard, an expert personal injury lawyer in St Catherines, sat down with host Lee Sterry of Niagara's 610 Newstalk Radio and discussed the topic of the "independence" of Independent Medical Assessments and what they mean for your case. Chris is a personal injury lawyer from the law firm Graves and Richard, a premier law firm in St Catharines.

What are Independent Medical Assessments?

An Independent Medical Assessment is a medical examination set up by an insurance company to determine whether certain treatment being received, or requested to be received, by someone injured in an accident is reasonable and necessary. For example, if someone injured in an accident feels they would benefit from receiving physiotherapy treatment, the insurance company would set up a mandatory medical examination by a practicing physician to determine the extent of that person's disability and to provide an opinion as to whether the desired treatment is beneficial. The doctor performs the examination and then provides his or her opinion in written form.

Just how "Independent" are Independent Medical Assessments?

The doctor who performs the IMA is chosen and paid for by the insurance company. Normally when a doctor performs a medical service, he or she bills OHIP. In the case of IMAs, the doctor bills the insurance company who requested the Assessment. Many doctors who perform these examinations have developed Medical Assessment businesses, and the majority of their income is generated by assessing patients for insurers. In an automobile insurer context, an insurer can pay up to $2,000 for a single Assessment. If the assessment is paid entirely by the insurer, how "independent" is it?

Case studies

Chris shared that several years back he had a client who received a Medical Assessment from a doctor practicing out of a Medical Assessment clinic that had a very small clinical practice and a very large assessment practice. The client had been injured in a car accident and needed help with housekeeping assistance. The insurance company denied the claim and sent her for an IMA. The doctor's opinion was that the client didn't require any housekeeping assistance because she could do all of her own house work as long as it didn't require any lifting, bending, squatting or reaching!

In November 2014, a lawyer, Maia Bent, who was the past president of the Ontario Trial Lawyers Association, was concerned with a final summary report prepared by a doctor at a Medical Assessment Centre that contained significant differences from what the assessment doctor had actually said. The doctor who performed the examination indicated that a certain level of injury had been sustained in the accident. When the summary report was written by a different doctor, however, that opinion was modified or changed or relevant information was omitted. Bent sent out an email to 670 lawyers cautioning them about the Medical Assessment Centre. An action was commenced against Bent for libel, which was dismissed on the basis that her comments appeared to be substantially true and correct.

Independent Medical Assessors vs. Family Doctors

One of the interesting aspects of IMAs is the claim by examining doctors that opinions provided by family doctors doing primary care to the injured person are unreliable. Any treatment that an insurance company is receiving a request to pay has typically been recommended by an injured person's family doctor. The doctor performing the IMA often takes the position that the family doctor's opinion is not to be trusted.

The interesting question is who is in a better position to form an opinion? A family doctor is actively involved in the care of that injured person. They likely have known the injured person for years, and have a full understanding of any pre-injury medical conditions and how those conditions could have impacted their patient's life. The family doctor has followed their patient's recovery from the time of the accident, has likely seen them regularly, and has in their possession all medical records, including records from every specialist the patient has seen and every test result. Doctors hired by insurance companies to perform IMAs likely met the injured person only once in a meeting that typically would last no more than 30 minutes, and only have access to the medical records provided to them by the insurer meaning that they may not even have access to every diagnostic test.

Knowing this, it is not difficult to see that the family doctor is in a much better position to understand the nature of the disability than the doctor performing the medical assessment.

This system is not likely to change any time soon. The important point to remember is that you do you not need to put great faith in the opinions provided by doctors performing IMAs. If you have been denied a benefit, and now have a scheduled appointment for an IMA, don't expect that doctor to help you by giving the opinion that you're disabled. Working with a personal injury lawyer will ensure that you understand how the insurance system works, and highlight any mistakes made. If you've suffered an accident and need a personal injury lawyer in St Catherines, contact the team at Graves and Richard. We'll help you with insurance company disputes, including slip and fall settlements and car accident insurance claims. Graves and Richard has the experienced and knowledgeable personal injury lawyers and long term disability insurance lawyers you need to help win your case.

# data[].attributes.attachment_link.title
Legal Matters with Chris Richard - Just How 'Independent' are Medical Assessments?

# data[].attributes.attachment_link.description
You have been denied a medical benefit by your insurance company after you sustained an injury in a motor vehicle accident. You feel a momentary sigh of relief when the insurance company tells you that they are sending you to a doctor who will perform an Independent Medical Assessment ("IMA") to provide an opinion as to the degree and extent of your disability.

# data[].attributes.headline
Insurance Issues While Travelling Abroad

# data[].attributes.subject
Insurance Issues While Travelling Abroad

# data[].attributes.body
The Graves and Richard team will help your insurance company settlement, including slip and fall injuries settlements and Car Accident Insurance Claim. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Travelling abroad is thrilling! With it brings new adventures, natural wonders, sunshine, beaches, and relaxation. If you get injured abroad, however, a thrilling experience can quickly become a scary one, and an overwhelmingly expensive one at that!

Chris Richard, an expert personal injury lawyer in St Catherines, sat down with host Lee Sterry of Niagara's 610 Newstalk Radio and discussed the insurance issues that arise when you are travelling abroad. Chris is a personal injury lawyer from the law firm Graves and Richard, a premier law firm in St Catharines. He discussed the restrictions on Statutory Accident Benefits coverage, the difficulties associated with suing abroad, the importance of obtaining adequate travel insurance, and how a personal injury lawyer can help.

Restrictions on Statutory Accident Benefits Coverage

There are no fault benefits available under your automobile insurance policy should you be injured in a car accident in St Catharines. Under this coverage, you can receive in most cases up to one million dollars for medical expenses, or up to two million dollars for medical coverage and attendant care if you have optional benefits. There are also income replacement benefits available under the no fault provisions of your policy, which will replace up to 70 percent of your gross income. These no fault benefits are available if you're in a car accident in St Catharines, whether you're driving your own car, or if you are in any other vehicle including a rental car or taxicab. They even apply if you are a pedestrian and you are hit by a vehicle.

There is, however, a significant exclusion that applies to your no fault benefits, and that it that this coverage only applies if you become injured in a car accident in Canada or the United States. If you are taking a vacation to Mexico, or the Caribbean, or Europe, and you are involved in a car accident, none of this coverage is available to you. Chris explained that he had a client who was involved in a motor vehicle accident in Australia and sustained a catastrophic brain injury. When he came back to Ontario, there was no compensation available to him. While he ultimately received compensation through the Australian system, he went for years without any financial assistance. If you're injured in a car accident and need help obtaining an insurance settlement, contact a motor vehicle injury lawyer from a personal injury law firm.

Obtaining Adequate Travel Insurance

Because of this restriction on your no fault benefits coverage, you will want to ensure you purchase an adequate policy of travel insurance before you travel outside of Canada and the United States.

The first consideration before you travel abroad is whether you need to have a private disability insurance policy to cover your income loss in the case that you are injured and rendered unable to work. If you have a disability policy with your employer, you will need to become informed as to exactly what that coverage is. Chris recently had a client whose employer's policy covered approximately 25 percent of his lost income when he was injured abroad and unable to work after. This under-insured client would have benefitted significantly from purchasing a private insurance policy.

The second consideration is whether you have adequate coverage for medical expenses that arise following an injury. This is where travel insurance comes into play. Most employer sponsored plans have a portion that contemplates out of province travel. However, you must be aware of what the policies include and exclude. Chris explained that he has seen coverage denied countless times to people who were unaware of the exclusions in their employer sponsored policies.

In some cases, the purchase of travel insurance will be necessary to cover any shortfalls. However, you must be very careful to ask questions about particular policies and to read the fine print to discover important exclusions that may apply to the policy before you purchase it.

Travel insurance policies can contain very surprising exclusions. Chris explained that he has read policies that exclude accidents involving cars. Imagine that you are purchasing travel insurance for the very reason that you don't have coverage for injuries arising from a car accident under your no fault benefits, and the policy you just purchased excludes injuries arising from car accidents. Obviously this policy is not going to be helpful to you, even with the benefit of a motor vehicle injury lawyer. Other policies Chris has read exclude coverage for individuals when they are intoxicated. Imagine that you are staying on an all-inclusive resort, have enjoyed a couple of drinks by the pool, and trip and fall and break a bone. You will be facing an exclusion in your travel insurance policy. These vacations are marketed as a place to relax and enjoy cocktails in the sun. To have an exclusion related to drinking seems to be going against the very purpose of purchasing the insurance.

Disclose Pre-existing Conditions

Another consideration when purchasing travel insurance is coverage for pre-existing medical conditions. This simply needs to be an open conversation with your insurer. Disclose what your pre-existing conditions are, even if it costs you more. If you have difficulty purchasing a policy after disclosure of your pre-existing conditions and you decide to travel without coverage, at least you will be doing so adequately informed.

Restrictions of Credit Card Insurance Coverage

Many higher-end credit cards contain coverage for travel insurance. These can be good products. However, if you are relying on a credit card policy, ensure that you read the policy thoroughly as there can be important exclusions operating here as well. Chris explained that some policies cover only trips of certain scheduled duration. For example, some policies only cover travel for periods of ten days or less. So, if you have a vacation scheduled for 11 days, your credit card policy will not cover you. And it is not how long you are in the vacation sport that matters, but rather how long the vacation was scheduled for. Chris shared that he once had a case where his client was injured within a few days of arriving on vacation and was well within the limits of the policy provision, but because the vacation was scheduled for 21 days, the insurer denied coverage.

Taking Legal Action

If you are injured while you are travelling abroad, and you want to take legal action, special legal issues and practicalities arise that you will have to consider.

Generally speaking, the law that applies to your legal action, both in terms of the law of liability and valuing damages, is the law of the jurisdiction in which the accident occurred. What this means is that if you are injured in Mexico, you have to bring the action in Mexico. The law is different from country to country in terms of what constitutes negligence and what damages defendants are liable for. In fact, the law is even substantially different between Canada and the United States.

A practical difficulty in bringing an action in another country is finding a personal injury lawyer willing to take your case. Finding a local lawyer who specializes in the law of their country to help you commence an action and manage your case can be challenging, as local lawyers can be reluctant to take on a client who lives thousands of kilometers away. It is easier to find legal help in the United States because lawyers in Canada tend to have working relationships with lawyers in the United States. It is much more difficult, however, to find a lawyer to take your case in countries outside of the United States.

Because of these practical and legal challenges, it is often the case that someone injured in a foreign country, with the exception of the United States, is unsuccessful in an action to recover damages or receive compensation. It is often best to assume that you are likely to receive no compensation from the country you are visiting should you get injured there, and protect yourself with adequate travel insurance before you go.

Before you travel outside of Canada or the United States, inform yourself as to your existing coverage in case you experience injury. And before you purchase a policy for travel insurance, request a copy of the policy and read everything, including the fine print, to make sure you are aware of any exclusion. If the policy contains an exclusion that goes against the very reason you are seeking insurance, shop around. If you find yourself in the situation where you get a denial from an insurance company with respect to travel insurance, contact a personal injury lawyer. Chris explained that even in the case of exclusions, he is often able to get some sort of resolution with insurance companies for his clients. If you've been in an accident and need a personal injury lawyer in St Catherines, contact Graves and Richard. The Graves and Richard team will help you with your insurance company settlement, including slip and fall injuries settlements and car accident settlements. The expert personal injury lawyers and long term disability insurance lawyers have the experience, dedication, and compassion you need to help your case.

# data[].attributes.attachment_link.title
Insurance Issues While Travelling Abroad | Injured in Abroad

# data[].attributes.attachment_link.description
Travelling abroad is thrilling! With it brings new adventures, natural wonders, sunshine, beaches, and relaxation. If you get injured abroad, however, a thrilling experience can quickly become a scary one, and an overwhelmingly expensive one at that!

# data[].attributes.body
Graves and Richard law firms in st. Catherine's give an advice to School boards are expected to take to meet their duty to keep premises reasonably safe. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
As the end of summer draws near, parents begin thinking of back to school. Back to school shopping and lunch planning begin to occupy parents' thoughts, and schools make efforts to receive students safely.

Chris Richard, Managing Partner of Graves and Richard, sat down with host Lee Sterry of Niagara's 610 Newstalk Radio and discussed the topic of School Board liability for injuries sustained on school premises. Chris stated that his well-known law firm receives numerous inquiries every year from people involved in situations where students have been injured either at school or during a school event. Chris discussed the unique issues that arise surrounding injuries at school.

Duty of School Boards to ensure school properties are reasonably safe

When it comes to the safety of school premises, the School Board is under the same obligation as any other property owner in Ontario, which is to keep the premises in the condition as is reasonably necessary to keep everyone entering onto the property reasonably safe.

This duty on the School Board to inspect and maintain school premises to ensure the property is reasonably safe is relatively robust. Due to the large number of people in and out of school buildings and the fact that attendance is mandatory, the burden on School Boards is high.

While the duty is onerous, it is also relatively vague to give the courts wide discretion to look at the unique facts of each case and ask, "What happened in this case? Were the actions or inactions taken by the School Board reasonable?"

Examples of actions school boards are expected to take to meet their duty to keep premises reasonably safe

School Boards are expected to remove ice and snow from areas that people commonly walk in a timely manner. This duty requires not only timely inspection and maintenance, but also that safe walking conditions remain all day. Chris shared that he recently settled a claim where his client, who was a parent or caregiver, slipped and fell on a walkway at the child's school. In the morning when the client dropped the child off, the walkway had been nicely cleared by the school. But by the end of the day, the walkway had become completely covered again due to foot traffic, and the woman slipped and fell on ice on the walkway. Chris was successful in negotiating a settlement for her because the School Board breached their duty to ensure that the safe condition of the walkway remained safe all day.

School Boards also have a duty to ensure that outdoor walkways are maintained, repaired and remain free from significant trip hazards. Examples include pot holes in parking lots and heaving in sidewalks.

School Boards are expected to ensure that hallways and classrooms are monitored for spills in an effort to avoid slips and falls. Ensuring that fixtures, such as lights, are maintained and repaired in an effort to avoid injury from falling objects is an important component of this duty. Chris gave as an example a case he settled involving a light fixture falling from the ceiling and landing on the head of a person sitting in class. In this case, the School Board had a proactive duty to inspect and maintain the premises to protect against this type of incident from happening.

Duty of School Boards to supervise

School Boards have a legal duty to supervise. The legal standard on a School Board to supervise students under its charge is to the standard of the prudent parent. This standard is not one of a perfect parent, nor is it one of an inattentive parent. But rather, the standard is one of a prudent parent.

Whether or not a School Board has met this standard is fact specific. Courts will look at a situation and say "What level of supervision was provided here, and what would a prudent parent have done in this situation?". This standard also allows for adjustment appropriate to the age of the child. The prudent parent would not apply the same level of supervision to a 16 year old as they would to a four year old.

Situations in which the duty to supervise may apply

Playground fights are not just interactions between children while the teachers and playground supervisors turn their heads. The School Board has an obligation to supervise in this situation. The question a judge would ask is, "If the children were properly supervised, would the fight on the playground have occurred, or did the fight occur by a lack of supervision"?

As a general rule in a sporting activity, if an injury occurred that is completely within the normal context of the game, it probably is not a compensable injury. For example, if a student jumps and makes a shot in basketball and comes down and rolls his or her ankle, there probably is not a viable claim. However, if a student is instructed to use fitness or phys-ed equipment, and they are not provided with any instructions on its proper use, and an injury occurs, liability may arise. The surrounding circumstances would need to be looked at to see if there was something that could have been done to avoid the injury. Chris shared an example a of case involving impromptu wrestling matches on high jump mats for high-school aged kids that resulted in injury, and the question arose as to whether the level of supervision provided to those kids was reasonable.

With respect to playground equipment, there are standards for safety for the play-structures themselves, and there are also standards for the stone pebbles surrounding the play-structures. The stone pebble are required to be turned and kept loose to ensure students a soft place to land as opposed to becoming unyielding and cement-like.

Any time a person is injured on school premises, it is appropriate to make inquiries into and to investigate the level of supervision that was present and/or the efforts made to inspect and maintain the premises. If an injury has occurred, and the level of supervision seems inconsistent with the supervision you would have provided to a child at home under your care, or if the efforts to inspect and maintain the premises seemed inadequate, as the case may be, the School Board may be liable for breaching its duty.

# data[].attributes.attachment_link.title
Legal Matters with Chris Richard - Liability of Being Back in School

# data[].attributes.attachment_link.description
As the end of summer draws near, parents begin thinking of back to school. Back to school shopping and lunch planning begin to occupy parents' thoughts, and schools make efforts to receive students safely.

# data[].attributes.headline
Insurance Consequences of Causing an Accident While Intoxicated

# data[].attributes.subject
Insurance Consequences of Causing an Accident While Intoxicated

# data[].attributes.body
Do you need motor vehicle accident lawyers? If you are a student involved in a motor vehicle or car accident and convicted of a drinking and driving offence. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Drinking and driving in the summer is a hot topic. Our weekends quickly fill up with invitations to backyard BBQs and trips to the cottage. It's never long before we get offered a cool beer or fresh summer cocktail, and of course, we want to enjoy it!

Many of us are acutely aware of the criminal consequences of drinking and driving, including the potential for serving time in jail and license suspension, the accompanying hike in insurance rates and the other drinking and driving laws.

What many of us are not aware of is that a conviction of a drinking and driving offence, which includes impaired driving, driving with alcohol over the legal limit, and refusing to provide a breath sample, has significant repercussions for our entitlement to the no-fault benefits in our insurance policies.

Chris Richard, Managing Partner of Graves and Richard, a well-known personal injury law firm serving St. Catharines and the Niagara Falls area, sat down with host Lee Sterry of Niagara's 610 Newstalk Radio and discussed this topic during a recent episode of Legal Matters.

Disentitlement to Certain No-Fault Benefits if Convicted of a Drinking and Driving Offence
Income Replacement Benefits
With the coverage of your no-fault insurance benefits, even if you cause an accident while driving, you are entitled to receive income replacement benefits. This means that you would be paid 70 percent of your gross wages for whatever maximum you purchased.

If you are convicted of a drinking and driving offence, you do not have a right to get these income replacement benefits anymore. You will be completely barred from ever receiving them. Put in context, most people have $400 per week of coverage, which equates to $20,800 per year. If you are 25 years old, and you cause a car accident that prevents you from working for the rest of your life due to a long term disability and you are convicted under drinking and driving laws, you are now deprived of the income you would have made over the next 40 years, and you're also disentitled to the $20,800 you would have received under your no-fault policy of insurance had you not been convicted of a drinking and driving offence. This is a lot more than any fine you would ever receive in a criminal law system.
Lost Educational Expenses
If you are a student involved in a motor vehicle or car accident and you are convicted of a drinking and driving offence, you also lose entitlement to lost educational expenses. This can total tens of thousands of dollars. This benefit allows a student who is involved in an accident and is unable to return to school to be reimbursed for tuition paid. So if you are a student at a party, you have some drink and drive after, and are then convicted of a drinking and driving offence, this benefit is lost.
House-keeping expenses
If you are catastrophically injured in a car accident, conviction of a drinking and driving offence will also disentitle you from receiving the no-fault house-keeping benefit under your policy of insurance. This benefit pays $100 per week for some someone to come into your home and do all the household tasks that you would have done before the accident occurred.
Visitor expenses
Another interesting exclusion, if you are convicted under drinking and driving laws, coverage for reimbursement for the meal expenses, parking, transportation expenses, and hotel expenses for out-of-town visitors who visit you during your stay in the hospital.
Property damage
Insurance coverage for property damage may also be affected by a decision to drive impaired. Under the no-fault benefit system, your own insurance company pays for the damage to your vehicle caused in an accident. However, if your ability to operate a vehicle is impacted by intoxicating substances then that damage to your vehicle may not be covered by your insurance policy.

Let's face it; most of us are not spending our summer leisure time thinking about the potential future consequences of our summer time fun. That is why the auto accident lawyers at Graves and Richard are doing the thinking for you. We have found that people's lives can change in a split second and for actions that many of us wouldn't find that unusual.

So, enjoy your cold beer on the warm dock this summer, and now that you know there are very serious consequences for your entitlement to all of the life-supporting no-fault accident insurance settlements if you were involved in a motor vehicle or car accident and convicted of a drinking and driving offence, enjoy as well your sleep on your friend's or family member's couch at the end of the night. That lumpy night's sleep may just mean an easy sleep for the rest of your life.

# data[].attributes.attachment_link.title
Drinking & Driving Laws & Accident Insurance Settlements with Chris Richard

# data[].attributes.attachment_link.description
Drinking and driving in the summer is a hot topic. Our weekends quickly fill up with invitations to backyard BBQs and trips to the cottage. It's never long before we get offered a cool beer or fresh summer cocktail, and of course, we want to enjoy it!

# data[].attributes.body
At Graves and Richard Professional Corporation, personal injury lawyers will investigate your Motor Vehicle Accident along with all factors involved, and help you get your entitled compensation. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Motorcycle Accidents | Motorcycle Personal Injury Lawyer

# data[].attributes.attachment_link.description
In Motorcycle Accidents, sometimes both the parties are victim. We will then apply our experience of personal injury laws to recover the compensation you deserve.

# data[].attributes.body
If you have been suffering from a Long Term Disability as a result of a Car Accident or Personal Injury Accident at St Catharine’s, the injury lawyers at Graves & Richard can help you obtain the entitled disability benefits. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Long Term Disability Lawyer | Handle Insurance Disputes

# data[].attributes.attachment_link.description
In most long term disability cases disputes arise to verify if the injury qualifies as a disability. Our lawyers have extensive experience handling these disputes.

# data[].attributes.body
Chris is the Managing Partner of Graves and Richard Professional Corporation, long term disability lawyer. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Christopher A. Richard | Personal Injury Lawyer Niagara

# data[].attributes.attachment_link.description
Chris is the managing partner of Graves and Richard, the largest personal injury law firm in the Niagara Region to represent victims of personal injuries.

# data[].attributes.headline
Legal Matters with Chris Richard: Negligence Claims 

# data[].attributes.subject
Legal Matters with Chris Richard: Negligence Claims 

# data[].attributes.body
Graves and Richard is a well known personal injury lawyer firm. If you know someone that may need a personal injury lawyer in St. Catharine’scall us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Lee Sterry: Legal matter time with Chris Richard. He's in studio with us today, from Graves and Richard, Niagara's largest personal injury law firm. And we are going to delve into an area today that is greatly misunderstood in a lot of cases, Chris, and that's negligence claims.
Chris Richard: That's right, good afternoon.
Lee Sterry: Good afternoon again.
Chris Richard: It's good to be here again. Yeah, negligence claims. They tend to get a bad reputation and I think they often get a bad reputation in the community or, sorry, in the media and then that flows down to the community.
Lee Sterry: It's always the media's fault, it's always our fault, we have broad shoulders, and we can take it, now that that's been said.
Chris Richard: As long as we agree on that point. But what I wanted to do was to explain a little bit about the purpose behind negligence claims and then talk a little bit about some of the misconceptions that we see. So first off, what do we mean by a negligence claim? So, it's actually quite broad and can involve a lot of things. Some examples that we typically think about would be icy side walks, driveways, trip hazards, defective products, actions of somebody; so if you're walking and you accidentally trip into somebody and cause them to fall. I have a lot of claims involving people riding bicycles and knocking into pedestrians, things like that. All of those things would fall under negligence type of claims. And these claims are important and there are really two purposes of a negligence type of claim. So if this has happened to somebody and they come into my office, their main concern is compensation. That's one of the main purposes of negligence law. And we have to remember, sometimes this all sounds very theoretical but someone's life could change in a split second, and one day you're walking down the street and everything is normal and then the next minute because of a fall that happens in a blink of an eye, life has changed forever. A simple fall or an accident can result in broken bones or multiple surgeries.
Lee Sterry: And on the surface it might seem something simple as well, that is not necessarily simple in the long run.
Chris Richard: Absolutely, you know; there's a trip hazard of a difference in a sidewalk, a sidewalk is heaved and there's a trip ledge of an inch or two and you're walking along, you're looking ahead of you where you're going and you don't notice and you trip. Well the consequences... I mean, I've had a client who that's happened to and they've missed two years of work. So, our negligence law is designed to make sure that if something like that happens, that lives aren't ruined and there's compensation available.
Lee Sterry: Right, so that's the number one, the biggie.
Chris Richard: And that's legitimate, ensuring that lives aren't ruined is an important part of the law. Now the second thing that negligence law does is it regulates behaviour. It makes people act in a particular way. And that means it puts a duty on us to take care for the safety of others. So for example, if I'm the city and I'm responsible for maintaining a sidewalk, the fact that I can be sued means that I have to make sure that the sidewalk is safe. If I'm a home owner and we get an ice storm or a snow storm, I have to take some actions in order to remove the ice and the snow. Nobody likes to get sued and now the reality is it always looks like one individual is suing another individual; but, the reality we know in almost every case is that there's an insurance company that is behind the scenes and an insurance company paying the damages. But still, nobody likes to be sued and it does cause us to take care for the safety of others. And that helps all of society, I know that sounds like-.
Lee Sterry: Yeah, it has kind of a corny ethereal quality to it but, when you look at it from, as they say, the thirty-thousand-foot view, that's impartial of the overall impact.
Chris Richard: Yeah, but when you think about it in each of our lives, how many of us have had a conversation about safety? And saying, "I'm not sure, somebody could trip over that and we should move that item to somewhere else."
Lee Sterry: Anybody who's managed a business has.
Chris Richard: Absolutely, or volunteer organizations, those are conversations that in my personal life I tend to have that are completely removed from my professional life. And the reason we are having those conversations is because in the back of our minds we are thinking "we have this obligation to keep things safe." And because of that all of us are safer. Because it is the law that enforces that mentality, we're all safer. So both of those things, those are the two goals of negligence law, and I think they're both quite important.
Lee Sterry: Let me ask you a question here and its something that we haven't talked about before we came on the air, and you mentioned the city for example, looking after a sidewalk. One of the stories that became a recurring theme could be tobogganing at Fireman's Park; it could be some sort of winter activity in any park in or around Niagara such as skating on a community pond, for example. You know, these kinds of things that we would have never thought anything of 10, 20, even five years ago. Over and over and over again we hear about things where, "well now they are going to be banning this there" or "the city is not going to allow people to do this here." We realize that it's probably because it's a liability issue, but the public doesn't necessarily receive it that way. So what's your take on that?
Chris Richard: Sometimes it is over caution, right? For example, just to deal with some of those tobogganing issues. There is some specific law in the Occupier's Liability Act that could protect a municipality for allowing tobogganing. But, if they're taking advice from an insurance company, which they often are, they're going to always act in what I would often consider to be an overly cautious manner and sometimes you can go too far in some of the things that we would consider normal parts of life, things could be adversely affected. But that's not because of the operation of the law, that's because of the operation of a business behind the scenes who is encouraging people to be ultra cautious. So sometimes that gets blamed on the law, but it's not really the laws' fault, it's people behind the scenes.
Lee Sterry: Coming up, we are going to take a break in a few seconds. What are we going to talk about coming up? We are going to have a little bit of fun here I think.
Chris Richard: Yeah, I find that in my practice sometimes these negligence claims have been delegitimized and there are a number of cases that are sometimes held out to say "hey, negligence law has just gone overboard." So in our second segment I want to talk about some of those cases and show how maybe things aren't quite as we hear them on the radio or read in the newspaper.
Lee Sterry: Never on the radio, maybe in the newspaper, never on the radio. This is the VIP Late Lunch and Legal Matters with Chris Richard of Graves and Richard and it's 1:14, we'll be right back.
Lee Sterry: And again we are back with Chris Richard, and this is the Legal Matters program, we do it every Thursday at 1:00 here on the VIP Late Lunch and Chris, of course, is from Graves and Richard, Niagara's largest personal injury law firm. We learn something new every week and we are talking negligence claims this week, and one of the upper-most negligence claims in all of our minds is the one that was publicised at such a great degree a number of years ago: the infamous McDonalds hot coffee case and - your eyes just started to roll - there's a lot more to these things than what meets the eye.
Chris Richard: Any time I talk to somebody about negligence claims, invariably a few minutes into a conversation they say yeah, but these things have gone way out of hand, somebody got a million dollars for coffee being spilled on them. And it just shows you how pervasive these things can get in our heads. This coffee case, it happened in 1992.
Lee Sterry: I know it's a long time ago.
Chris Richard: It's almost 25 years ago, but I bet you the listeners out there - almost all of them - have some understanding or think they have some understanding of the facts of this case. But when we look at the actual facts of this case it's actually an example of negligence law working correctly.
Lee Sterry: Instead, most of us think nuisance claims or that the U.S. is so litigious that every time you turn around someone is suing somebody.
Chris Richard: That's right. And as I said that, probably all of your listeners out there, their eyes rolled back as I said it because they said what you are talking about: there is no way this actually is legitimate. So what I want to do is quickly go through the facts of that case because only partial facts have really been reported and what we all remember about it [may be different]. So it happened in 1992 and the plaintiff's name was Stella Liebeck. It happened at a McDonald's in Albuquerque, New Mexico and at the time Stella was 79 years old, she had gone through the drive-thru, she was driving with her grandson, and went through the drive-thru at McDonald's. Her grandson was driving, and she got a coffee. After she got the coffee, her grandson parked the car so she could put some cream and sugar in her coffee. She puts the coffee between her legs so she could brace it and in the course of trying to put the cream and sugar in her coffee, she spills her coffee on her lap and her groin area.
Lee Sterry: And McDonald's coffee that day was the hottest beverage I think on the planet.
Chris Richard: Yeah and well we will get to there in a second. But those are the typical facts that people hear, right? On those facts, who would hold McDonald's responsible? I wouldn't. If I heard those facts I'd think, well, she spilled the coffee, it's her fault. But that's not the end of the analysis of what happened. So, first off, as a result of the temperature of the coffee - we know exactly how much it was - as a result of the temperature, she sustained third degree burns to her legs and groin. She was hospitalized for eight days, she was required to get skin graph procedures on the burns, and in the end she required over two years of treatment in order to recover from this. So you say, how hot was the coffee? Well, we know how hot the coffee was because McDonald's is a sophisticated corporation and they regulate it. So for safe hazard they have clear guidelines for how hot the hot was and at the time of this accident they were serving their coffee between 180 and 190 degrees Fahrenheit. I did a conversion on that, because I'm more comfortable with Celsius, so that's between 82 and 88 degrees Celsius.
Lee Sterry: You can't imagine, that's like trying to imagine a billion dollars, and it's hard to wrap your head around...
Chris Richard: It's almost bubbling in the cup. So to compare and put in context, if you make coffee at home, if you're using your Keurig or a coffee maker, at home that's heating the water to about 135 to 140 degrees Fahrenheit which is 57 to 60 degrees Celsius.
Lee Sterry: That's a huge difference.
Chris Richard: When you're making coffee at home, if you spill it on yourself, it's not likely to cause third degree burns.
Lee Sterry: But even at that temperature it is not comfortable.
Chris Richard: That's right, I don't know about you but when I first pour my coffee and I take my first sip, it's quite hot at home, and imagine it that much more. Now, Ms. Liebeck, her lawyers at trial argued that had she known the coffee was this hot and this dangerous, she would have acted differently. She wouldn't have put it in her lap in order to put the cream and sugar in; she had no idea that it could cause damage. She's making the reasonable assumption that it would be kind of like the coffee at home. And if you spill your coffee at home, what's the consequence? I stain my pants, or something to that effect and that's the risk that she was accepting, not that she was going to need two years of medical care. Further evidence, McDonalds knew that it was causing injuries to it's customers and did nothing about it. Between 1982 and 1992 McDonalds had documented more than seven hundred reports of significant burns caused by its coffee and didn't reduce the temperature. Seven hundred people were burned by their coffee. Stella wasn't trying to get rich off of this. When it first happened she just contacted McDonald's and she said "I've got $11,000 in medical bills as a result of this. Can you pay my medical bills?" McDonald's offered her $800. That is how the case ended up going to trial. Now the judge... it was decided by a jury but the judge commented on it that he found that McDonalds had displayed, and this is the quote, "attitudes of corporate indifference." They knew there was problem and they decided to do nothing about it. So what did Stella receive? First, the jury found that McDonald's was 80% responsible. But you know we deal with personal responsibility in these cases so they also found that the plaintiff was 20% responsible. She spilled the coffee so she should share some of the responsibility and that sounds like a responsible approach. That's an approach we also take in Ontario. There's always a sharing of responsibility and you look at what could the plaintiff have done to prevent the injury and what could the defendant have done to prevent the injury? She received compensation for her medical bills and her pain and suffering, in the amount of $160,000. So, her medical bills were about $11,000 and rest was for damages for pain and suffering. Now, the jury also wanted to punish McDonald's for its conduct of knowingly serving coffee at such a temperature and knowing that it was injuring people.
Lee Sterry: So now it wasn't about Stella anymore. It was about their corporate culture.
Chris Richard: That's right, it was about McDonald's, and it was about punishing them and sending a message saying, this isn't right. So the jury awarded punitive damages. Those are punishment damages, and they awarded $2.7 million. You know how they came up with that number? That's the revenue that McDonalds made from selling coffee for two days.
Lee Sterry: Wow... two point what?
Chris Richard: Two point seven million dollars.
Lee Sterry: Two days' worth of coffee sales?
Chris Richard: Two days' worth of coffee sales.
Lee Sterry: And they weren't even known for their coffee back in those days... but they are today.
Chris Richard: Now, interestingly, Ms. Liebeck didn't receive that amount. This of course is never reported, but the truth is the trial judge reduced the punitive damage reward to $480,000. So if we look at that, that's less than half a day's revenue for coffee. And again this isn't meant to compensate Ms. Liebeck but it's to send a message and it's to punish McDonalds. So the total that she was awarded was $640,000. Nowhere near a million dollars, which is what we all referenced this case and much of that was designed to send a message and to get McDonald's to change their practice. Interestingly, McDonalds appealed this case and it was ultimately settled. What I assume from that is that in fact the settlement was for less than $640,000. So it's interesting when you go through the facts.
Lee Sterry: It wasn't a nuisance suit. It wasn't a trivial thing, it was an important thing.
Chris Richard: No, and this was a jury of the United States that heard all of the evidence and then said, "McDonald's acted improperly here." And on those facts, I agree with them. That that doesn't sound like appropriate conduct when you've got over seven hundred people being burned because you're serving your coffee that hot.
Lee Sterry: So, on the couple of minutes that we have left on the program today, what are our takeaways from this, as citizens?
Chris Richard: As citizens I think we need to keep an open mind. And the reason for negligence law is to keep all of us safe. So when we hear facts of a case that we might think off the top of our head is a little bizarre or doesn't make sense [we should remember that].
Lee Sterry: Because we laugh at these all the time.
Chris Richard: But keep in mind that this case was heard in a court room, it was presented to a jury of at least six people, and in the U.S. sometimes it's even more. And those six people heard all the facts, not just a snip, and they decided that the defendant did something wrong and that the plaintiff needed to be compensated. And juries don't compensate people for frivolous things, juries are pretty smart and if something is frivolous they don't have a lot of time for it. But I find with these cases they are kind of closing minds a little bit. So that even when we have a jury here in Ontario, you know they are thinking about the McDonald's case and they're thinking that it's illegitimate and that's not good for any of us. We need to have an open mind, listen to the evidence and then make a decision.
Lee Sterry: Interesting conversation. So it's not like somebody just wakes up in the morning, stubs their toe and says, "I'm going to sue." You know there's a lot more behind it than that.
Chris Richard: I don't know a lawyer who would take that case.
Lee Sterry: Thank you very much Chris. Chris Richard from Graves and Richard. This has been Legal Matters and we will come back and do it all again next Thursday at one o'clock, we always learn something.

# data[].attributes.attachment_link.title
Legal Matters with Chris Richard: Negligence Claims

# data[].attributes.attachment_link.description
Lee Sterry: Legal matter time with Chris Richard. He's in studio with us today, from Graves and Richard, Niagara's largest personal injury law firm. And we are going to delve into an area today that is greatly misunderstood in a lot of cases, Chris, and that's negligence claims. Chris Richard: That's right, good afternoon.

# data[].attributes.body
Graves and Richard’s injury lawyers can help you to maximize your compensation for your medical expenses and suffering. If you need personal injury lawyer call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Compensation for Burns, Electrocutions and Explosions

# data[].attributes.attachment_link.description
Graves and Richard can be your advocate when seeking compensation for medical expenses caused by burns, electrocutions, and explosions. Call us today!

# data[].attributes.body
Do you need long term disability lawyer in St. Catharines? Graves and Richard remain committed to the case so that the client is represented in the best way possible. Call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.readable_text
Graves and Richard is a well known personal injury law firm serving St. Catharines and the Niagara Falls area. Chris Richard, Managing Partner of Graves and Richard recently sat down with host Lee Sterry of Niagara's 610 Newstalk Radio for another episode of Legal Matters. This episode focused on personal injury lawyers taking a personal injury case to trial and what the behind the scenes preparation can look like.

There is often a misconception that personal injury law cases never go to trial and that cases are, always settled out of court. While it is true that personal injury lawyers don't spend as much time in court as lawyers practicing in other areas of the law, not all personal injury cases settle out of court.

Trials Increasing In Personal Injury Law

In recent years, there has been a shift in the personal injury law field and more cases are heading to trial. Within the last five to six years, insurance companies have taken a harder line when it comes to personal injury claims which are resulting in more cases headed to trial. Insurers are challenging more plaintiffs and personal injury law firms not only in St. Catharines but in all Canadian cities have prepped more cases for trial than has been the previous norm. Typically, a personal injury lawyer would try one case every two years. However, in 2016, personal injury lawyers at Graves and Richard tried four cases - that is a significant increase.

Inside a Personal Injury Trial

If a personal injury case does go to trial, they typically last 8-10 days. However, this is not always the case and some personal injury trials have lasted as long as nine weeks! Trials are a huge undertaking and require a lot of preparation. For personal injury trials, every aspect of the plaintiff's life are open to examination. The trial usually involves a very long list of witnesses.

Personal injury lawyers will work with witnesses such as:

The injured plaintiff. They are usually first on the stand and for the longest amount of time.

Witnesses related to liability - police, engineers, etc.

Witnesses related to medical claims - family doctor, specialists, medical professionals who have treated the plaintiff due to the case related injury, medical experts that can speak to prognosis and future medical issues.

Witnesses related to finances - accountants, cost experts, income loss forecasting.

Friends and family who can speak about the plaintiff and their life both before and after the accident.

One of the biggest jobs for a personal injury lawyer going to trial is to adequately prepare all the witnesses. For every one hour of testimony, there is usually three hours of preparation. In some cases, trials can take place years and years after the actual accident so going back over past details and what has happened since the accident is also a big undertaking.

Going To Trial

When a personal injury law firm agrees to take a case, they don't know whether a case may end up in court or not. Graves and Richard assures all of their clients that no matter what happens, they remain committed to the case and will follow through so that the client is represented in the best way possible. If you know someone that may need a personal injury lawyer in St. Catharines or in the Niagara area, they can contact Graves And Richard for a free, one hour consultation.

# data[].attributes.attachment_link.title
Personal Injury Trials - Legal Matters with Chris Richard

# data[].attributes.attachment_link.description
Graves and Richard is a well known personal injury law firm serving St. Catharines and the Niagara Falls area. Chris Richard, Managing Partner of Graves and Richard recently sat down with host Lee Sterry of Niagara's 610 Newstalk Radio for another episode of Legal Matters.

# data[].attributes.body
Do you have suffered an injury and need injury lawyer? Graves and Richard provides a personal injury lawyer to offer a free, one hour consultation. For more details call us at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Amusement and Water Park Slide Accidents | Free Consultation

# data[].attributes.attachment_link.description
Amusement and water parks are abundant in southern Ontario and if water slide ends with an accident or serious injury than you are entitled to compensation.

# data[].attributes.body
Graves and Richard is a well known personal injury accident law firm. To get your deserved compensation contact their personal injury lawyers at 905-641-2020 or visit: http://www.gravesandrichard.com/

# data[].attributes.attachment_link.provider_name
Graves and Richard, Professional Corporation, Personal Injury Lawyers

# data[].attributes.attachment_link.title
Graves and Richard Personal Injury Law Firm St Catharine's

# data[].attributes.attachment_link.description
Since 1986 Graves and Richard have been serving personal injury claims in St. Catharine's Welland, Niagara Falls, Hamilton, Fort Erie, Port Colborne, Grimsby & surrounding.