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Ontario Personal Injury Lawyer Blog


Mild, Moderate and Severe Traumatic Brain Injury: How TBI Is Classified After an Accident
Doctors often classify traumatic brain injuries as mild, moderate or severe shortly after the injury occurs. That classification usually depends on the injured person’s Glasgow Coma Scale score, loss of consciousness, post-traumatic amnesia, altered mental state and any structural findings on CT or MRI. Those labels are helpful, but they are not as simple as they sound. A “mild” traumatic brain injury can still interfere with work and daily life for a long time. A “severe” tr
Jun 4


Spinal Cord Compression After an Accident in Ontario: MRI Findings, Myelopathy and Injury Claims
Spinal cord compression means something is pressing on the spinal cord. After an accident, that pressure can come from a traumatic disc herniation, fracture, dislocation, swelling, bleeding, pre-existing spinal stenosis made symptomatic by trauma, or another injury affecting the spinal canal. In an Ontario injury claim, the important questions concern what caused the compression, whether the spinal cord was damaged, and how the injury affects strength, sensation, balance, wal
Jun 4


Why Modified E-Bikes Can Become Evidence After a Serious Ontario Cycling Accident
After a serious cycling accidents involving an e-bike, the bike itself becomes important evidence. Pedals, motor power, controller settings, assisted speed, braking condition and post-purchase modifications can all affect how fault and insurance issues are argued. The issue is not what the rider called the vehicle. The issue is whether it met Ontario’s power-assisted bicycle rules at the time of the accident. Modified e-bikes create ordinary fault arguments, but it can also c
Jun 4


Pedestrian Hit by a Car in a Parking Lot in Ontario: Who Is Responsible?
A pedestrian hit by a car in a parking lot in Ontario can still have a personal injury claim. The claim can involve driver negligence, the layout or maintenance of the property, or both. The legal analysis can also differ from a pedestrian collision on a roadway because Ontario’s reverse-onus rule under the Highway Traffic Act does not automatically apply to every private parking lot collision. Parking lot pedestrian accidents are often treated as simple low-speed collisions.
Jun 4


Are Collateral Benefits Deducted From a Car Accident Judgment in Ontario?
Are Collateral Benefits Deducted From a Car Accident Judgment in Ontario? This post examines two related issues that can arise in Ontario car accident claims. The first issue is when are future benefits, including Long Term Disability benefits and Accident Benefits, deducted from a judgment, versus the defendant is assigned the plaintiff’s right to receive those benefits. The second issue is whether future benefits, regardless of whether they are dealt with through an assignm
Jun 4


Boat Propeller Injury Claims in Ontario
Yes. A person injured by a boat propeller in Ontario can bring a claim where unsafe operation caused the injury. These claims often involve a person in the water near the stern, an unsafe pickup after someone falls overboard, a boarding or docking mistake, poor lookout, unsafe engine use, or failure to keep the propeller away from a swimmer or passenger. Propeller injuries is different from other boating accident injuries. They come about because the driver of the boat is con
Jun 2


Pediatric Brain Injuries After Accidents in Ontario: Symptoms, School Problems and Legal Claims
A child can have a brain injury after an accident even if the first CT scan or MRI is normal. Pediatric brain injury symptoms often show up through headaches, fatigue, sleep problems, mood changes, concentration issues, school regression, behaviour changes, or delayed developmental concerns. In Ontario injury claims, the evidence usually has to show how the accident changed the child’s functioning over time. Pediatric Brain Injuries Are Often Missed at First Brain injuries in
Jun 1


Can Hormone Problems Happen After a Traumatic Brain Injury? Post-Traumatic Hypopituitarism Explained
Yes. A traumatic brain injury can damage the pituitary gland or the structures that control it, leading to hormone deficiencies after the accident. The condition is called post-traumatic hypopituitarism. It is an easy complication for doctors to miss - especially early on. A person recovering from a serious brain injury is expected to be tired, slower mentally and unable to tolerate the same level of work or activity. If that person also develops cortisol deficiency, thyroid
Jun 1


Injured on a Fishing Charter or Boat Tour in Ontario: Passenger Claims and Insurance
Yes. A person injured on a fishing charter, sightseeing boat, water taxi or other paid boating excursion in Ontario can bring a claim where unsafe operation, poor maintenance, unsafe boarding procedures or another negligent act caused the injury. Depending on the type of operation, federal passenger-vessel insurance rules can also require liability coverage for death or personal injury claims. A paid boating trip is different from a casual ride on a friend’s boat. The operato
Jun 1


ASIA Impairment Scale in Ontario Spinal Cord Injury Claims: AIS A, B, C, D and E Explained
The ASIA Impairment Scale, also called the AIS grade, is used to classify the severity of a spinal cord injury as AIS A, B, C, D or E. In Ontario spinal cord injury claims, the AIS grade helps explain whether the injury is complete or incomplete, how much motor or sensory function remains, whether there is sacral sparing, and how the injury affects prognosis, future care, attendant care, income loss and catastrophic impairment. For a broader overview of claims involving paral
May 31


Cost of Future Care in Ontario Personal Injury Claims: The Legal Test and Life Care Plans
In an Ontario personal injury claim, a plaintiff seeking cost of future care damages must prove a real and substantial possibility that future care will be required because of the injury. The proposed care must be medically justified, reasonable and reasonably necessary in the plaintiff’s circumstances. A life care plan can identify and cost future services or equipment, but it does not by itself prove entitlement to cost of future care damages. Serious injuries can leave peo
May 31


Can You Make a Motorcycle Accident Claim If the Driver Never Hit You in Ontario?
Yes. If a driver cut you off, forced you out of your lane, made you lay your motorcycle down, or caused you to crash while avoiding contact, you can still have a motorcycle accident claim in Ontario. The harder part is proving that another driver caused the crash, especially if that driver left the scene. A motorcycle crash does not have to involve a direct hit from another vehicle. Riders are often hurt because they react to a danger created by someone else. A car drifts int
May 29


What Happens If a Child Is Hit by a Car in Ontario?
A child hit by a car while walking in Ontario can apply for Accident Benefits regardless of fault. The child can also have a claim against a negligent driver or another responsible party. These cases are handled differently than adult pedestrian claims because children are not judged by adult standards, the driver can bear the onus of disproving negligence, and any settlement for an injured minor needs court approval. For a parent, the first concern is obviously getting the c
May 29


Can You Sue a Municipality After a Bicycle Crash Caused by a Dangerous Road or Path in Ontario?
Yes. A cyclist seriously injured by a pothole, washout, broken bike lane, eroded shoulder or concealed hazard on a municipal route can have a claim against the municipality responsible for it. That does not only apply when cyclists fall in marked bike lanes. In a recent Ontario Court of Appeal case, a cyclist suffered catastrophic spinal cord injuries on a dirt path beside a Hamilton roadway. A marked bicycle lane was available nearby. The City argued that the cyclist’s case
May 29


Seizures After a Brain Injury: Can TBI Cause Epilepsy?
Yes. Traumatic brain injuries can cause seizures, and some injured people later develop post-traumatic epilepsy. The risk is higher after more serious injuries involving bleeding in or around the brain, cerebral contusions, depressed skull fractures, penetrating trauma or other structural damage to brain tissue. Seizures sometimes occur immediately after the injury, during the first week, or months or years later. The timing is important. A seizure in the first seven days aft
May 29


What Happens at an Independent Medical Examination in an Ontario Personal Injury Claim?
An independent medical examination, or IME, in an Ontario personal injury claim is an assessment arranged by an auto insurer or defence lawyer to obtain medical evidence about an injured person’s condition. An IME can affect accident benefits, a catastrophic impairment application or a lawsuit. Do not ignore an IME request; obtain legal advice before attending or refusing. An Ontario personal injury lawyer can review the request, explain whether it relates to accident benefit
May 29


Tubing Injury Claims in Ontario: When Is the Boat Operator Responsible?
Yes. A person injured while tubing behind a boat in Ontario can bring a claim where unsafe operation caused the injury. A boat operator can be responsible for swinging a tube into another boat or dock, driving too aggressively, ignoring requests to stop, or towing without the observer required by federal boating rules. Most people who go tubing expect speed, spray, bumps and the possibility of falling into open water. They do not expect to be driven into an obstacle or expose
May 29


Should I Accept the Insurance Company’s Settlement Offer After an Injury in Ontario?
Do not accept an insurance company’s settlement offer until you understand what claim is being settled, what rights you are giving up and whether the amount fairly reflects your injuries and future losses. A final settlement will ordinarily end the claim being settled, which means you generally cannot return later for more compensation if the injury proves more serious than expected. By Lane Foster, Personal Injury Lawyer Offers from insurance companies will often arrive at a
May 26


Who Pays Accident Benefits When a Cyclist Is Hit by a Car in Ontario?
A cyclist hit by a car in Ontario generally applies first through any auto policy under which the cyclist is insured. If no applicable policy responds, the application generally goes to the insurer for the vehicle that struck them. If no insurer is available, the Motor Vehicle Accident Claims Fund may be the last-resort option. By Lane Foster, Personal Injury Lawyer Last updated: May 2026 A cyclist does not need to own a car to apply for accident benefits after being hit by a
May 26


Does an Amputation Qualify as Catastrophic Impairment in Ontario After a Motor Vehicle Accident?
Yes. In Ontario, a person who suffers a trans-tibial or higher amputation of a leg in a motor vehicle accident meets the listed amputation test for catastrophic impairment under the Statutory Accident Benefits Schedule. An amputation of an arm, or another injury causing the total and permanent loss of use of an arm, also meets the listed test. By Lane Foster, Personal Injury Lawyer Last Updated: May 2026 The position is different for amputations involving toes, fingers, part
May 26
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