Family Doctors and the Role They Have in a Personal Injury Claim

In this fast-paced day and age, where many traditional business and service models are changing, it is not uncommon for people to be without a family doctor or regular doctor who they see on a consistent basis.

As personal injury lawyers, we cannot emphasize enough the importance of a family doctor, or seeing the same physician on a consistent basis, to a personal injury claim. This blog post outlines the important role that a family doctor has in a personal injury claim. Continue Reading

Who Are the Different People Involved in a Car Accident Claim?

An Example: Car Accident

Imagine a standard car accident claim. You are injured in an accident caused by another driver. Below, is a simplified image depicting a straightforward rear-ending collision, as an example.

Seems simple enough, right? However, there are many people  involved in even the most straight-forward car accident claim. For example:

A car accident can be overwhelming on its own, particularly if someone has been injured or hurt. The various parties involved can add to this sense of confusion. Time after time we hear from people who are overwhelmed and confused by the sheer number of different adjusters and other individuals involved in a claim.

Who is this “PD” adjuster? Why is this person called a “BI” adjuster calling? How are they different from the other person whose title is “AB” adjuster? Who do I talk to about getting more physio treatments approved?

This is only the tip of the iceberg. The whole scenario can be much more confusing when both drivers involved in the collision have policies of insurance with the same insurance company, or if one party does not have insurance, or if there are injured passengers.

That is why we have drafted this blog – to help you sort through the complex web of people shown above. Below, we break down the different parties and adjusters involved in a collision and explain what each one’s role is.

Your insurance company

Let’s start off with your insurance company.

After you’ve been in an accident, you will want to report the collision to your insurance company right away, as there are time limits that can affect your ability to open a car accident claim and access coverage. Learn more about

what you need to remember to do right after a collision Continue Reading

5 Things You Need to Remember Right After You’ve Been in a Collision

A car accident can happen in the blink of an eye. You can go from waiting at a stop light one second to a collision the next. You can go from driving down the road to bracing for impact in an instant. Even a minor accident can feel overwhelming. You may never have been in a motor vehicle accident and may not have any idea what to do next. You may have been in an accident before, but in the moment, you might forget what to do. Here are 5 things that you need to remember right after you’ve been in a collision:

5 Things You Need to Remember Right After You’ve Been in a Collision Continue Reading

Chronic Pain, Chronic Pain Syndrome, and Fibromyalgia

As personal injury lawyers, we see a number of people who suffer from chronic pain, chronic pain syndromes, and fibromyalgia. These conditions often have a significant impact on injured peoples’ quality of life. Yet, they remain some of the most misunderstood and difficult-to-prove injuries before the courts and around the negotiation table. This blog post aims to provide a quick overview of the conditions.  A future blog post will review some of the difficulties that lawyers and injured people face in personal injury cases when trying to prove that they are suffering from these conditions.

 

Please note: The information provided on this website does not constitute medical or legal advice and should not be construed as such. The lawyers and staff at Moustarah & Company are not trained medical professionals and do not hold themselves out to be such. If you are suffering from an injury, whether chronic pain or otherwise, please contact your doctor or medical care provider.

What is chronic pain?

Pain that lasts and interferes with a person’s quality and enjoyment of life over time can be considered chronic pain.

Experts vary on how long the pain has to last before it is considered chronic. The most common durations used to define whether pain is of a chronic nature are 3 or 6 months (as set out by Turk and Okifuji in “Pain terms and taxonomies”, in Bonica’s Management of Pain (3rd ed.), pages 18–25). Others classify chronic pain differently and apply different time frames to distinguish between acute and chronic pain. Depending on the expert or taxonomy, pain that lasts for more than a certain number of months can be considered chronic.

Chronic pain can come in many different forms. A person may suffer from chronic back pain, chronic jaw pain, chronic neck pain, and so on. Almost any type of pain has the potential to become chronic in nature.

People may develop chronic pain as a result of a number of injuries or conditions. Persons suffering from long-term pain can speak with their doctor about their symptoms.

What is Chronic Pain Syndrome?

Some people who suffer from chronic pain can develop Chronic Pain Syndrome (“CPS”) or other similar pain syndromes or disorders. Often, CPS is characterized as going beyond symptoms of physical pain alone, and may include depression, anxiety, or other psychological symptoms or elements.

Persons suffering from pain or other symptoms can speak with their doctor about their symptoms.

What is fibromyalgia?

It may be helpful to think of fibromyalgia as a specific subset of the general category of chronic pain. According to the Arthritis Society of Canada, fibromyalgia is a

nervous system condition that causes chronic pain throughout the body Continue Reading

What is Tort Law Part 2: Liability

In our previous blog post on tort law, we discussed the two cornerstones of all tort law: liability and quantum. This blog post aims to provide a specific overview of the concept of liability, particularly in the context of personal injury law.

Note that this overview is very generalized, and does not cover the full range and depth of possible liability issues that might arise on any given file. Liability can be complex and liability issues may have a significant impact on a personal injury file. If you have been involved in a collision or accident, contact a personal injury lawyer to learn more about your legal rights and options.

What is “liability”? And what does it mean to be “liable”?

Liability is a legal concept. Together with quantum, it is one of the central issues in tort law, of which personal injury is a part.

Essentially, liability is a question of whether someone should be held responsible, in law, for an action or inaction which caused injury, loss, or damage. Legal responsibility is a distinct concept and may not always align with one’s sense of moral responsibility or perception of factual responsibility. Liability in tort law is also distinct from findings of guilt or culpability in criminal matters, and the two should not be confused.

Therefore, to be liable in tort law is to be legally responsible for causing damage, injury or loss to another person. Generally speaking, if a court finds that a wrongdoer is liable, the wrongdoer is obliged, at least to some extent, to pay damages to the injured person.

Who determines liability?

Sometimes, the wrongdoer, or their insurance company (see our blog post on subrogation here), will admit that they are liable for the incident that caused the injured person to sustain loss, injury, or damage.  If the wrongdoer accepts responsibility in this way, the main concern usually then becomes quantum.

Sometimes, the wrongdoer may admit to some liability but also argue that the injured person is also liable for their losses or injuries to some extent (such as with contributory negligence), or argue that they are liable only for some of the losses experienced by the injured party (such as if the injured party failed to

mitigate their losses Continue Reading