Structured Settlements: What Are They and How Do They Work?
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
6d ago
When you’re bringing a personal injury claim, there’s a lot to think about, but one thing that’s often not on a personal injury claimant’s radar is how they will receive their settlement. Should you accept a lump sum payment from the defendant, or do you want to negotiate a structured settlement? Ultimately, there are benefits and drawbacks to both structured settlements and lump sum payments, and with the help of an experienced personal injury lawyer, you’ll be able to make the best decision for your unique situation. In this blog post, we’ll introduce the concept of structured settlements, h ..read more
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Homeowner Liability: What Happens if Someone is Injured on a Homeowner’s Property?
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
2w ago
Many Ontarians will likely spend time with family and friends as the weather warms up. Whether attending a backyard barbecue or meeting a friend on their porch for a coffee (or a cocktail), the changing seasons bring people together.  However, these activities—though rare—can come with risks. An individual might slip and fall on their friend’s front steps or injure themselves while participating in a backyard activity. Thus, the question arises: how does homeowner liability work if you are injured on an individual’s property?  In this blog post, we’ll introduce the concept of homeown ..read more
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In Trust Claims in Ontario Personal Injury Cases
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
3w ago
Victims of personal injury claims often struggle to perform many of their daily tasks in the wake of an accident. For example, depending on the victim’s condition, they may need a housekeeper to help with their daily tasks.  Still, others may rely on the help of friends and family members who step in to care for them during their recovery. But if a friend or family member is performing the work of a housekeeper, should they be compensated accordingly? That’s where “in trust” claims can come in.  Below, we’ll explain what personal injury claimants should know about in trust claims and ..read more
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Injury Claim Barred for Missed Personal Injury Limitation Date
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
1M ago
In a recent case, Sanei v. Devarros, 2024 ONCA 104, the Ontario Court of Appeal upheld a decision dismissing a personal injury case because it commenced after the two-year limitation period had ended.  Below, we’ll summarize this case and explain what it means for personal injury claimants.  Background on Personal Injury Limitation Law  Not every personal injury claimant knows whether they will bring a personal injury action immediately after an accident. At the same time, allowing claimants to commence a personal injury accident at any time in the future could create uncertaint ..read more
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Cosmetic Surgery and Medical Malpractice
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
1M ago
In Canada, cosmetic surgery is more popular than ever—from Botox injections to more invasive procedures like rhinoplasty, it’s hard to find someone who hasn’t dabbled in cosmetic surgery (or at least thought about it).  However, like any medical procedure, there’s always the possibility of something going wrong during cosmetic surgery—but how are cosmetic surgery claims handled in the context of medical malpractice?  Below, we’ll discuss cosmetic surgery medical malpractice in Canada and what victims should know about a potential claim.  What is Cosmetic Surgery?  Cosmetic ..read more
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Can Damages be Claimed for Injuries Suffered Getting On or Off a Bus?
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
1M ago
We all know that, whether as a pedestrian, cyclist, or fellow motorist if one suffers injuries due to a motor vehicle accident, damages can be recovered by suing the vehicle’s owner and driver. But what happens when someone suffers injury getting onto while riding on, or getting off of, a public vehicle such as a bus? Can you sue the bus driver? The owner of the bus company? How can one recover damages for injuries suffered in such an accident?  The recent Ontario Superior Court of Justice decision in Bruni v Toronto Transit Commission et al. answers all those questions. A Woman Suffers I ..read more
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Ontario Place Personal Injury Claim Upheld by Court of Appeal
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
2M ago
In a recent case, Lyng v. Ontario Place Corporation, 2024 ONCA 23, the Ontario Court of Appeal upheld a $175,000 award for personal injury against Ontario Place. This award followed an incident where an individual at a concert who had consumed alcohol tore his anterior cruciate ligament after jumping and landing awkwardly.  In this blog post, we’ll explain the decision in Lyng and what it means for personal injury claimants.  The Facts in Lyng v. Ontario Place Corporation At the time of the accident, the plaintiff was a 21-year-old attending a concert at Ontario Place with his friend ..read more
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Common Defences to Product Liability Claims
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
2M ago
Product liability claims are a complex but essential part of the personal injury landscape. After all, when a person is injured due to the negligence of a manufacturer or seller, they have the right to seek damages for their injuries and losses.  However, advancing a product liability claim isn’t always as simple as proving that a manufacturer or seller acted negligently or breached the terms of a contract. In many cases, the wrongful actor will attempt to advance defences to shift liability for the claim back on the claimant or another party.  Below, we’ll provide a quick refresher ..read more
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Brain Injuries from Car Accidents and Personal Injury Claims
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
2M ago
Unfortunately, car accidents aren’t an uncommon occurrence in daily life. And, in many of these car accidents, one or more individuals will likely suffer personal injury.  Brain injuries from car accidents are a particularly challenging injury. Unlike, say, a broken leg, brain injuries can be invisible to outsiders and unpredictable for victims. No two brain injuries are alike, and different individuals can experience wildly different symptoms after suffering a brain injury.  Below, we’ll discuss how brain injuries from car accidents are treated in personal injury claims and how they ..read more
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When Do Personal Injuries Amount to Catastrophic Impairment?
Tierney Stauffer Blog » Personal Injury
by Written on Behalf of Tierney Stauffer LLP
2M ago
Personal injuries following a motor vehicle accident can range from minor to catastrophic, the latter of which will undoubtedly have life-changing effects on a victim. Obtaining a “catastrophic impairment” designation in Ontario can also have critical implications for your personal injury claim.  Below, we’ll explain the significance of a catastrophic impairment designation in Ontario personal injury claims and the process for obtaining the designation.  Background: Personal Injury Claims and the Statutory Accident Benefits Schedule Ontario’s Insurance Act, RSO 1990, c. I.8 provides ..read more
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