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Navigating the Legal System After a Motor Vehicle Collision

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Abstract

More often than not, individuals involved in motor vehicle collisions (MVCs) do not sustain physical injuries. When individuals are involved in serious, injury-causing MVCs, the consequences may be devastating. Injured persons sometimes elect to pursue legal action to address the medical costs incurred and earning losses experienced in association with their injuries and the resulting impairments in function. This article presents a comprehensive review of the requirements of MVC-related litigation and the laws that govern this process, with emphasis placed on Ontario law in effect at the time of writing. Information considered germane to the decision to pursue legal action is reviewed, including the likely settlement amount, length of the legal process, costs associated with legal services and fee agreements that govern remuneration paid to the lawyer. Also described are no-fault regime and civil lawsuit, the two avenues of compensation that injured persons can pursue in an effort to recover losses and obtain the assistance they need to recover from their MVC-related injuries.

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References

  • American Bar Association, Model Rules of Professional Conduct.

  • Andrews v Grand & Toy Alberta Ltd. (1978) 83 DLR (3d) 452 (SCC).

  • Arnold v Teno (1978) 2 SCR 287.

  • Bellamy v Johnson (1992), 8 OR (3d) 591 (CA).

  • Childs v Desormeaux (2006) SCR 643.

  • California Rules of Professional Conduct, Rule 1–400.

  • Code of Professional Conduct for British Columbia, Ch. 4.2–5.

  • Courts of Justice Act, RSO 1990 c C. 43.

  • Family Law Act RSO 1990, c F.3.

  • Government of Ontario News Release dated December 5, 2017 – Making Auto Insurance More Affordable.

  • Section 193, Highway Traffic Act, RSO 1990, c H. 8.

  • Illinois Rules of Professional Conduct, Rule 7.1.

  • Insurance Act, RSO 1990, c I.8.

  • J.J. v C.C. (2018 SCC 19).

  • Juries Act, RSO 1990 c J.3.

  • Kapoor v Kuzmanovski, 2017 ONSC 1709.

  • The Law Society of Alberta, Code of Conduct , Rule 3.6–6.

  • The Law Society of Ontario, News Release, November 10, 2017.

  • The Law Society of Ontario, Rules of Professional Conduct.

  • The Law Society of Ontario, Rules of Professional Conduct, By-Law 9, April 2017.

  • The Law Society of Ontario, Rules of Professional Conduct, C. 4, The Practice of Law.

  • The Law Society of Ontario, Rules of Professional Conduct, Rule 2.

  • Mandel v Fakhim, 2016 ONSC 6538.

  • Marshall, D. (2017). Fair benefits fairly delivered: a review of the auto insurance system in Ontario.

  • Murray v Woodstock General Hospital (1988) 66 OR (2d) 129 (Div Ct).

  • Nova Scotia Barristers’ Society, Code of Professional Conduct, Rule 3.6–6.

  • Ontario Regulation 381/03.Ontario Regulation 461/96.

  • Ontario Regulation 381/03, Section 4.2.

  • Rules of Civil Procedure, made under the Courts of Justice Act, RSO 1990, Reg 194.

  • Saadati v Moorhead 2017 SCC 28.

  • Schenke, S., & Lambe, D. (2008). Medical-legal issues: A legal perspective. In M. P. Duckworth, T. Iezzi, & W. T. O'Donohue (Eds.), Motor vehicle collisions: Medical, psychosocial, and legal consequences (pp. 421–465). New York, NY: Academic Press/Elsevier.

    Google Scholar 

  • Thornton v Prince George School District No. 57, [1978] 2 SCR 267.

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Acknowledgements

A special thanks to Kylie Weber, Articling Student at Lerners for her valuable research.

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Correspondence to Stephen R. Schenke.

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The authors declare that they have no conflict of interest.

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Schenke, S.R., Lambe, D.M., Fabiani, S.S. et al. Navigating the Legal System After a Motor Vehicle Collision. Psychol. Inj. and Law 11, 265–287 (2018). https://doi.org/10.1007/s12207-018-9325-y

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  • DOI: https://doi.org/10.1007/s12207-018-9325-y

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