How Do Trial Delays Hurt Personal Injury Victims?

In October 2019, Waldock v. State Farm Mutual Automobile Insurance Company, which was initially a dispute between plaintiff Thomas Waldock and his insurance provider over the severity of his injuries, was resolved by an Ontario divisional court panel. Through appeals and reviews, the case was heard by the Financial Services Commission of Ontario (FSCO), the Director’s Delegate, and the Superior Court. It took more than 10 years from the time of his accident in March 2008 for Waldock and his personal injury lawyer to be awarded compensation – unless, of course, State Farm decides to appeal the divisional court ruling.

Unfortunately, years- and even decade-long personal injury and insurance dispute cases are no longer unusual in Ontario and elsewhere in Canada, as a recent Canadian Lawyer article makes clear. In Waldock v. State Farm, the insurance provider’s decision to file numerous motions and appeals caused the bulk of the delay, but defendants aren’t always to blame.

What Causes Trial Delays?

According to the plaintiff and defence side lawyers interviewed for the Canadian Lawyer article, are a range of structural issues cause trial delays in Canada. In Alberta, parties must complete expert reports, certify that they’ve attempted alternative dispute resolution processes, and demonstrate that they’ve completed questioning before a trial date can even be scheduled.

“You’ve got about two years – on a large case – of taking all those preliminary steps and getting everything in order,” one insurance defence lawyer in Alberta told Canadian Lawyer. “And then [there’s] another two-year wait for the date itself.”

“Judges want to know you’ve done all your work and you’re very serious and you’ve been forced to think through all the issues before using judicial resources, because those are really short in Alberta,” the lawyer added.

Mandatory mediation is also an issue in Ontario, according to one personal injury lawyer. Prior to recent changes, parties in personal injury cases or insurance disputes could schedule a trial date as long as a mediation date was also set. Now, the mediation must be complete before a trial date is approved.

“That delays the whole process by a number of years. … I’m finding that very, very frustrating,” the personal injury lawyer told Canadian Lawyer. “It’s just adding another year to the process.”

In contrast, British Columbia has no restrictions on trial scheduling, meaning fewer trial delays.

“You can get a trial date right away if you want,” a personal injury defence lawyer practicing in B.C. told Canadian Lawyer. “I really haven’t had any issues with trial delays. I think we have overall a very reasonable system. Two years is a pretty reasonable time frame for trials, and we seem to get those dates relatively easily.”

Further delaying matters is the fact that criminal and family law cases take precedence over personal injury claims and insurance disputes.

The parties’ actions can also have an effect, as in Waldock v. State Farm. One civil litigator who spoke with Canadian Lawyer said civil disputes now involve more numerous and extensive reports; plaintiffs will often submit economic loss, future care, and vocational reports, while the defence side prioritizes lengthy examinations for discovery, medical examinations, and other processes.

Who is Affected by Trial Delays?

Personal injury lawyers tend to blame powerful defendants like insurance providers and the Canadian Medical Protective Association (CMPA) for trial delays. They claim that organizations with deep pockets prefer to ‘wait out’ plaintiffs with limited resources, forcing them to accept less compensation than they deserve. But most insurance providers prefer swift resolutions to legal disputes – years of litigation involving lawyers and expert witnesses is extremely costly.

Plaintiff side lawyers are also hurt by years of slow-moving litigation. When a case drags on for months or years longer than expected, clients have a tendency to second-guess their lawyer’s expertise.

“That might seem reasonable to a lawyer that’s practiced in the area of 10,20, 30 years,” one personal injury lawyer told Canadian Lawyer. “But it’s a long time for my clients that don’t understand the process. And a lot of times they’re concerned that the lawyers are dragging their heels.”

Plaintiffs are acutely affected by trial delays. Recovery from a serious personal injury can be costly, especially if the victim is unable to work. Between rehabilitation, medication, home and attendant care, home renovations, and other expenses, many injury victims struggle to keep their heads above water financially. Every trial delay, every appeal and motion, puts fair and reasonable compensation further out of reach.

Contact an Experienced Personal Injury Lawyer

If you’ve been injured in an accident or are engaged in a dispute with your insurer, contact Will Davidson LLP to speak with an Ontario personal injury lawyer. Our experienced team will assess your claim, explain your legal options, and describe what to expect from a civil claim. Contact us today to schedule a free, no-obligation consultation.

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Ontario is a Global Leader in Concussion Research and Prevention

Concussions are a serious problem in Ontario. Between 2008 and 2016, more than a million Ontarians were diagnosed with this common form of traumatic brain injury. Children and youth make up 40 per cent of all concussion patients in the province (totalling roughly 60,000 doctor visits per year), with children under five the most likely to be affected.

The ubiquity of these injuries has put brain injury lawyers on notice. Research suggests that even mild traumatic brain injuries can have major long-term health impacts. This is especially true when they occur in children and youths: kids with brain injuries do less well in school, are more likely to receive disability benefits as adults, and are more likely to be hospitalized with psychiatric illnesses, according to the Guardian.

Ontario is a World Leader in Concussion Research and Prevention

Over the past several years, Ontario has established itself as a national and even global leader in concussion research and prevention. In 2018, the provincial government passed Rowan’s Law, legislation named in memory high school rugby player Rowan Stringer who died after suffering multiple concussions in quick succession. The law lays out regulations for youth sports leagues and educational institutions, and provides guidelines to help coaches and teachers recognize and prevent head injuries.

More recently, the Ontario Neurotrauma Foundation published a new ‘living guideline’ to help reduce childhood and youth concussions. Aimed primarily at doctors but featuring sections for coaches and parents, the Living Guideline for Diagnosing and Managing Pediatric Concussion was created over three years by a group of more than 50 physicians, nurses, diagnosticians, and rehab specialists. The resource can be accessed online by users around the world.

“We want to harmonize the messages so it doesn’t matter where you are injured, people will be getting the same messages,” said Judy Gargaro, acquired brain injury program director at the Ontario Neurotrauma Foundation, to the Ottawa Citizen.

The foundation’s previous guideline, published in 2014, attracted users from the United States, United Kingdom, France, Australia, and New Zealand. What sets the new version apart is its dynamism – contributors will review new concussion research and make revisions and updates at least once a month. The recent surge in interest in concussions – from brain injury lawyers, the general population, and medical professionals alike – makes this a necessary feature.

“People are much more aware of concussion,” said Dr. Roger Zemek of the CHEO Research Institute to the Citizen. “My own work has shown that visits have increased four-fold in emergency rooms and family physicians offices over 10 years.”

As the healthcare industry has come to recognize the scope of the concussion problem, treatment best practices have evolved quickly. Until recently, for example, young people who suffered concussions were generally instructed to disconnect from screens, school, social activities, and sports until their symptoms cleared up. The new guideline recommends 24 to 48 hours of rest followed by a gradual reintroduction of physical activities.


“We need to consider that locking people away from their lives and all the things that make them smile may be causing some secondary harm,” said Dr. Nick Reed, an associate professor at the University of Toronto and one of the co-project leads, to the Globe and Mail.

How Can a Brain Injury Lawyer Help?

In a perfect world, Ontario’s aggressive approach to tackling concussions will reduce their prevalence and act as a blueprint for the rest of Canada. For now, though, concussions remain a major concern for brain injury lawyers, particularly as they relate to young people. If your child has suffered a brain injury in an accident, a brain injury lawyer may be able to help your family access compensation for the damages you have suffered. Not every accident causing a concussion will be grounds to launch a personal injury claim – reach out today to discuss your options.

Contact Will Davidson LLP

If you or a member of your family has been injured in an accident, contact Will Davidson LLP today to schedule a free, no-obligation consultation. Our team of experienced brain injury lawyers has represented seriously injured accident victims for decades. We will happily review the specifics of your case to determine whether a personal injury claim makes sense.

Will Davidson LLP provides legal services on a contingency basis, which means you will never be asked to pay fees until your claim has been successfully resolved. In other words, rather than charging hourly fees, our team will accept a percentage of your final settlement as payment – if you do not receive a settlement, we do not get paid.

Contingency fees, along with free consultations, are part of our commitment to access to justice for all Ontarians. During our decades in practice, we have come to understand that serious personal injuries present numerous complex challenges. A long-term recovery effort takes more than a physical toll; it may also affect your mental health, family dynamics, and personal finances. Contact us today to learn more.

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Dashcam Footage in Personal Injury Claims

Every year, hundreds of people are killed and tens of thousands are injured in car accidents in Canada. The impact of these accidents extends far beyond the people who are directly involved: families, friends, coworkers, and more are also affected. This far-reaching impact is why it’s so important for accident victims to work with an experienced car accident lawyer. If, for example, the person injured in the accident is the sole breadwinner for a family of four and is no longer able to work full-time, a car accident lawyer can help negotiate compensation that addresses the needs of the entire family.

But securing compensation isn’t as simple as submitting a list of expenses to an insurance company and waiting for a check to be delivered. Your car accident lawyer must establish who is liable for the accident, whether the accident was the cause of your injuries, and how much compensation is owed for those injuries.

Dashboard Cameras

Recently, dashboard cameras have become popular among the Canadian general public, with support from insurance providers, law enforcement, and personal injury lawyers. Often, they are adopted by people who have been involved in, or know someone who has been involved in, a traffic accident or insurance dispute.

Dashboard cameras are considered a reliable third-party witness in disputes over motor vehicle accidents, meaning they can help your car accident lawyer establish liability in a crash and, in some cases, prove causation of injuries. There are no privacy issues associated with dashcam footage, because roads are considered public places in Canada. As such, the footage is generally admissible in court. High-end cameras also record GPS positioning and speed, which can support liability claims.

Insurance providers favour dashboard cameras because they simplify the process of proving liability and reduce insurance fraud. In fact, some providers have considered offering discounts to drivers who use dashcams. Still, some members of both the insurance and personal injury fields believe the technology has flaws, not least of which is the risk of distraction.

“Dashcams may, like GPS devices, be a distraction if they’re not properly used,” said Pete Karageorgos, Insurance Bureau of Canada director of consumer and industry relations for Ontario, told the Canadian Press. “On the other side of the coin, if someone is involved in a crash or they witness something, the good thing about having dashcam video is it really is an impartial and unbiased witness to the events.”

It is also worth noting that although dashcam footage is admissible in general, it is unlikely to be accepted if it has been edited, cut, or manipulated in any way. From the moment of your accident, you should be careful to preserve it intact.

Even in cases where a car accident lawyer is not involved – hit and runs involving another vehicle, theft, vandalism, etc. – dashcam footage can help law enforcement identify suspects and make arrests.

How a Car Accident Lawyer Can Help

With the help of your dashcam footage, a car accident lawyer can identify the parties who are liable for your injury and pursue compensation to cover the cost of your recovery. As mentioned above, car accident injuries can be extremely serious. Recovery can involve months of medical care, rehabilitation, and therapy, as well as extended and perhaps permanent attendant care. In some cases, home renovations and mobility equipment may also be necessary.

These costs can add up quickly. Accident benefits obtained through your insurance provider can address some expenses, but it may be necessary to pursue additional compensation through a civil claim against the individuals who are responsible for your injuries. Dashcam footage, in addition to evidence collected at the scene of the accident, witness testimonies, police and medical reports and more, is essential to proving liability in your personal injury claim. An experienced car accident lawyer can review this evidence and offer advice on how to proceed.

Contact Will Davidson LLP

If you or a member of your family has been injured in a serious accident, contact Will Davidson LLP to schedule a free, no-obligation consultation with an experienced car accident lawyer. Our team will assess the viability of your claim and provide guidance as you consider your legal options.

Will Davidson LLP has represented seriously injured Ontarians for several decades. During that time, we have come to understand the serious mental, physical, emotional, and financial challenges that accompany a traumatic injury. Although we know that no amount of money can make up for the pain and suffering you have experienced, we also understand that financial compensation can relieve some of the pressures associated with your recovery. For that reason, in addition to free consultations, we are proud to offer our services on a contingency basis, which means you will not be asked to pay legal fees until your claim has been successfully settled. If we cannot secure compensation, we will not accept payment.

Medical Malpractice Lawyers Face Challenges in Delayed Diagnosis Cases

In Ontario, some medical malpractice lawyers believe two words – “but for” – are making it difficult for injured patients to access compensation for negligence causing delayed diagnosis. Last month, Law Times reported on White v. St. Joseph’s Hospital (Hamilton) a case in which the plaintiff went into septic shock due to an undiagnosed bowel leak but was unable to recover compensation for his injuries.

The “but for” test is a test in Canadian tort law that links the damages the plaintiff has incurred with the defendant’s actions. In Clements v. Clements (2012), the Supreme Court of Canada summed up the test in these words: “the test for showing causation is the but for test. The plaintiff must show on a balance of probabilities that but for the defendant’s negligent act, the injury would not have occurred.”

Medical malpractice lawyers believe this wording confuses juries and makes it extremely difficult to prove liability in cases where negligence has clearly occurred. According to Law Times, plaintiffs have lost four out of the last five delayed diagnosis cases heard in Ontario’s courts.

“’But for’ is meant to encapsulate an event that causes or contributes to the harm,” one lawyer affiliated with the White v. St. Joseph’s case told Law Times. “But juries get confused when they hear that phrase, especially when there’s more than one contributing cause and they hear only the ‘but for’ phrase.”

In White v. St. Joseph’s, the plaintiff alleged that nurses and the hospital should have noticed the bowel leak before he went into septic shock. As a result of the delayed diagnosis, the plaintiff spent an extended time in hospital, including a stay in the intensive care unit, and underwent remedial surgery. However, an expert witness at the trial testified that “most of Mr. White’s outcome was unavoidable,” and the trial judge determined that the hospital had met its standard of care.

The Court of Appeal for Ontario upheld the trial judge’s decision using the ‘but for’ test. “In other words,” the decision read, “’but for’ the alleged delay would the plaintiff have suffered the unfavourable outcome?”

The plaintiff lawyer who spoke with Law Times believes the case leaves plenty of room for confusion and prejudice in subsequent jury trials.

“Nobody says ‘But for my car’s flat tire, I’m late,’ because that’s inconsistent with plain language,” he explained. “They say, ‘I’m late because I had a flat tire,’ and courts should approach causation in the same way.”

While medical malpractice cases involving delayed diagnosis are challenging, Will Davidson LLP’s team of medical malpractice lawyer has successfully secured compensation for its clients at all levels of court. If you’ve been injured in a medical setting, reach out today to learn how we can help.

Do Canadians Need In-Car Speed-Limiting Technology?

Technology is a mixed blessing on Canadian roads. On one hand, cutting-edge safety features like lane-keeping and automatic braking reduce injuries and accidents. On the other, smartphones and in-car navigation and entertainment systems cause distraction, which, as any car accident lawyer can attest, is a major safety hazard.

Now, the European Union is doubling down on in-car safety technology. It recently announced that intelligent speed assistance (ISA) systems, or speed limiters, must be added to new vehicles from 2022. The United Kingdom will follow suit, regardless of Brexit.

ISAs use GPS technology or smart camera software to identify speed limits wherever the vehicle is travelling. When the vehicle exceeds the posted speed limit, the technology limits engine power to reduce speed.

The European Transport Safety Council is bullish on the technology. It believes speed limiters are the single most effective driver assistance systems on the market, and estimates that mass adoption could reduce collision by 30 per cent and traffic deaths by 20 per cent.

Some members of the public, including more than one car accident lawyer, are less optimistic. There are concerns that the technology isn’t ready for adoption: what would happen, for example, if a vehicle’s GPS system indicated one speed limit while its camera system read another? A second issue is personal freedom. Should centralized governments control precisely how fast citizens drive?

While automobile manufacturers will be compelled to include speed limiters in new vehicles after 2022, drivers will be able to decide whether to use them. The EU and UK governments want drivers to see the technology as a helpful tool, not an imposition on their autonomy.

“One issue is acceptance. We don’t want to be turning off public support.” Professor Oliver Carsten of Leeds University’s Institute for Transport Studies told the BBC. “The other issue is unreliability – what happens if the car accidently picks up a limit that’s much too low, on a fast road? It could be a serious safety issue.”

There has been no talk in Canada about following the leads of the United Kingdom and European Union, but as automotive technology becomes more sophisticated, Canadian road safety activists will become more likely to promote it.

In the meantime, Will Davidson LLP can offer access to compensation or accident benefits when you’ve been involved in an automotive accident. Contact us today to arrange a free, no-obligation consultation with an experienced car accident lawyer.

Ontarians Still Reeling from 2016 Changes to Auto Insurance System

In June 2016, the then-Liberal Government of Ontario introduced major changes to the province’s auto insurance system. Presented as an effort to reduce premiums, the changes significantly reduced available accident benefits and altered the definition of catastrophic impairment, making it more difficult for car accident lawyers to secure fair compensation for their clients. As a recent Global News story illustrates, the now-three-year-old changes continue to have devastating impacts on accident victims.

The Global report focuses on 32-year-old Ben Schenk, who incurred a traumatic brain injury after a crash on Ontario Highway 400 this May. As of July 5, Schenk’s family was waiting to learn whether their insurance company would classify his injuries as “catastrophic.” The decision will have a profound effect on the family’s ability to sustain itself. If his injuries are deemed catastrophic, Schenk will have access to up to $1-million in combined medical, rehabilitation, and attendant care benefits. If they are deemed non-catastrophic, he will have access to just $65,000 in benefits, not nearly enough to cover his rehabilitation.

Schenk’s situation is not unusual for Ontario car accident victims post-June 2016. Patients often wait more than a year to learn their injury designation, a period during which they are in limbo.

“The patient, the client, is in no man’s land until their injury manifests over a six-month period, if not a year, before we can give them any certainty of whether or not they can get the designation,” one lawyer told Global News. “And then when our assessors conclude that they believe they meet the test, then the insurance company notoriously has their own assessors re-evaluate the matters, which causes further delay. It takes typically a year and a half before they get the designation where before June 1, 2016, it would take a matter of weeks.”

Even when catastrophic impairment benefits are awarded, the coverage falls far short of pre-2016 levels. Prior to the Liberal Government’s changes, catastrophically injured accident victims had access to $1-million in medical and rehabilitation benefits, plus $1-million in attendant care benefits. Non-catastrophically injured victims had access to up to $86,000 in benefits; today they have access to just $65,000. Many car accident lawyers advise purchasing additional insurance to cover the gap.

“Regular car insurance is not enough to cover your needs if you’re seriously injured,” the lawyer added. “And it should be. It should be designed to provide the bare minimum of what you need.”

If you or a member of your family has been injured in an automobile accident in Ontario, contact Will Davidson LLP today to learn how our team of experienced car accident lawyers can help. We can provide guidance and representation as you pursue benefits or initiate a personal injury claim.

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Are Changes Coming to Ontario’s Slip and Fall Laws?

A Progressive Conservative (PC) politician has proposed changes to the rules around slip and fall lawsuits involving snow and ice in Ontario. Bill 118, sponsored by Parry Sound–Muskoka MPP Norman Miller, would update the Occupiers’ Liability Act and compel plaintiffs in slip and fall cases to notify defendants of their intention to sue within 10 days of the accident. The provincial NDPs and several slip and fall lawyers have criticized the proposal.

Today, personal injury victims in Ontario have two years from the time of their accident to initiate a civil lawsuit. This grace period provides time to seek medical care, pursue rehabilitation, assess financial needs, and decide whether a personal injury lawsuit is appropriate. Reducing the grace period puts potentially-traumatized injury victims on the hot seat and may limit their ability to pursue a lawsuit.

“How is the customer who slips and falls in the parking lot of a strip mall supposed to find out the landlord’s name and address within the time frame?” asked Tom Rakocevic, NDP critic for Government Services and Consumer Protection, according to Canadian Underwriter. “That information is not readily, and certainly not publicly, available, as in the case of municipalities, except to a small segment of industry insiders who work in real estate.”

“A 10-day notice to serve is simply not an adequate time frame, especially for those who have been injured and may be dealing with doctors’ appointments and medical treatments,” added NDP deputy leader Sara Singh.

But the Bill’s sponsor believes changes are necessary to protect businesses in the province. MPP Miller argued that snow removal contractors and other seasonal service providers sometimes have difficulty purchasing insurance due to delayed personal injury claims.

“In many cases, as soon as there is compensation involved for clearing snow, a company’s premiums increase significantly,” Miller said. “This comes from the insurance company’s fear of having to cover potential lawsuits as far as one or even two years into the future.”

The plan would allow businesses to maintain records and preserve evidence following an accident, the Bill’s supporters argue. It would also allow plaintiffs who miss the 10-day window to pursue their claim provided they have a “reasonable excuse.”

While private member’s bills are rarely passed into law, slip and fall lawyers and opposition politicians have reason to be concerned in this case. According to Canadian Underwriter, most PC MPPs ‘spoke generally in favour’ of the bill.

If you or a member of your family has been injured in a slip and fall accident, contact Will Davidson LLP today to learn how our team of experienced Oakville slip and fall lawyers can help.

Should Roll Bars be Mandatory on ATVs?

All-terrain vehicle (ATV) accidents are a prevalent issue across Canada. Each year, dozens of riders die and thousands are hospitalized (more than 2,800 in 2017) in single- and multi-vehicle crashes. Despite how common these accidents have become, little is being done to improve safety on Canadian trails, much to the frustration of Ontario ATV accident lawyers.

One common sense move would be to mandate roll bars, sometimes known as crush-protection or operator-protection devices, in new vehicles. Australia is considering doing so, which has prompted manufacturers Honda and Yamaha to threaten withdrawal from the country. The effectiveness of roll bars has not been proven, the manufacturers say, and may even make accidents worse.

But other experts, including some ATV accident lawyers, disagree. ATVs’ high centre of gravity and narrow wheelbase make them inherently unstable, and their weight – between 200 and 400 kilograms – puts riders at risk of broken necks or being pinned beneath their vehicle.

“All of a sudden, you’re in a situation that you can’t correct,” said Don Voaklander, director of the University of Alberta’s Injury Prevention Centre, to CBC British Columbia. “That’s when you want a crush-protective structure to prevent that machine from rolling on you.”

David Sullivan, an Australian now living in British Columbia, manufactures roll bars for ATVs. He agrees that they save lives.

“This is absolutely a no-brainer,” he told the CBC. “It will prevent families from experiencing grief.”

However, many ATV riders and riders’ associations don’t want to be forced to drive ATVs with roll bars. They believe, correctly, that most ATV injuries and deaths are caused by human error.

“If a person rides within the limits of the machine, you shouldn’t have a problem,” said Quad Riders ATV Association of B.C. president Ralph Matthews. He believes roll bars should be “a personal choice.”

Dangerous behaviour like drinking and driving, speeding, and reckless driving cause the vast majority of serious ATV accidents. While roll bars won’t stop riders from engaging in these behaviours, they might protect them from death or serious injury when accidents occur. With riders unlikely to embrace roll bars willingly, it may be up to lawmakers and manufacturers to insist on them.

If you or a member of your family have been injured in an off-roading accident, contact Will Davidson LLP’s Oakville office to arrange a free consultation. Our team of experienced ATV accident lawyers can assess the viability of your claim and help you understand your legal options.

Impaired Boating Case Shows Dangers of Drinking and Canoeing

Canadians understand that impaired driving is dangerous and unethical, but too few realize that impaired boating can have equally dire consequences. Every summer in Ontario, boating accident lawyers receive dozens of calls about serious injuries from impaired boating accidents. In rare cases, these accidents can even result in deaths.

A recent Ontario criminal case illustrates just how dangerous impaired boating can be, even in man-powered vessels like canoes. The case also established guidelines for criminal impaired boating cases involving those vessels.

In April 2017, the defendant, David Sillars, took his girlfriend’s eight-year-old son, Thomas Rancourt, out on the Muskoka River in a canoe. A breathalyzer taken hours later showed that Sillars had been drinking, and a blood test showed traces of THC. The canoe tipped during the excursion; Sillars struggled to dry ground, but Thomas was swept away by the fast spring current and died. 

Sillars was charged with four offences under Canada’s impaired driving laws. Last month, he was convicted of all four. He is likely to spend between two and 10 years in prison. The case established that impaired driving laws extend not only to power boats but to rowboats, kayaks, dinghies, canoes, and other man-powered watercrafts.

“In the eyes of the law, then, being drunk while paddling an inflatable dinghy is the same as being drunk while driving a pickup truck,” wrote the National Post’s Brian Platt in his report on the case. “Smoking a joint and paddling a canoe is equal to smoking a joint and driving a car.”

Some Canadians, perhaps even some boating accident lawyers, will take issue with impaired driving laws extending to canoes. Drinking and paddling, they might argue, does not pose the same risk to the community as drinking and driving. However, the Sillars case shows that impairment on the water can have devastating, life-altering consequences.

“I’m overwhelmed,” said Thomas Rancourt’s grandmother, Donna Posnikoff, following the verdict. “I wish I was going home and celebrating Thomas finishing Grade 4 today. But I’m not. I’m going home, thinking that people cared about Thomas, and his life mattered. It’s just been such a sad, hard two-and-a-half-years,”

“Alcohol and water don’t mix,” added Thomas’s father, Jamie Rancourt, according to the Post. “I’m hoping people are going to smarten up.”

If you or a member of your family has been injured in a boating accident, contact Will Davidson LLP to arrange a free, no-obligation consultation. Our experienced boating accident lawyers can help you understand your legal options and make informed decisions as you pursue compensation.

Social Media and Personal Injury Claims

Social media was once dominated by teens and college students. Not anymore: today, Canadians of all ages and backgrounds, from Newfoundland to British Columbia to Nunavut, tend to post, like, and comment on a daily basis. Nearly three quarters of Canadians (74 per cent) spend at least 3-4 hours online per day, according to the Canadian Internet Registration Authority (CIRA), and more than 60 per cent engage on social media. The social internet’s growing role in our lives has implications for everyone, including personal injury lawyers and plaintiffs seeking compensation.

How can Social Media Hurt My Personal Injury Claim?

Plaintiffs seek compensation in personal injury lawsuits when their life has been significantly disrupted. Serious physical injuries – brain injuries, spinal injuries, chronic pain, etc. – are common in these claims. In order to prove that their client has been injured, personal injury lawyers turn to testimony from expert medical witnesses, friends, family members, and other sources.

The compensation that a plaintiff receives depends on the extent of their injuries. Larger settlements are reserved for injury victims whose lives have been most seriously altered, including individuals who are no longer able to earn a living, or who will require constant medical care. Less serious injuries tend to result in lower compensation.

When a social media post contradicts a plaintiff’s claims, the judge, mediator, or arbitrator may choose to reduce compensation. Defence lawyers often scour plaintiffs’ social media posts in search of evidence to refute their claims. For example: if a plaintiff alleges that her injuries prevent her from socializing, but a Facebook post emerges showing her at a restaurant or bar with friends, the validity of her claim will be thrown into question.

How to Prevent Social Media Hurting My Claim

The best way to avoid hurting your personal injury claim through social media is to stay away from the platforms altogether. Delete your Facebook, Instagram, Twitter, and Snapchat accounts for the duration of your case.

This is a drastic step, of course, especially considering that many personal injury lawsuits drag on for years. The more reasonable solution is to set all your accounts to private mode and consider very carefully what content you share. Discuss with your personal injury lawyer what sort of posts are safe and which could put you in trouble.

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If you or a member of your family has been injured in an accident, contact Will Davidson LLP’s team of Oakville personal injury lawyers to learn how we can help.

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