Navigating the complexities of a legal case can be overwhelming, no matter what your situation may be. The heart of managing those complexities is the relationship between you and your lawyer, a partnership that can influence the outcome of your case. But in a world with hundreds of good personal injury lawyers, how do you find the right lawyer? Are all good lawyers the right lawyers? How do you avoid the wrong lawyer?   At Foisy & Associates, we understand that the ideal legal representation goes beyond legal expertise; it involves a relationship built on trust, communication, and re ..read more

When building civil cases, lawyers must determine whether they are making the claim within Ordinary Procedure or Simplified Procedure. Simplified Procedure is a clear, less expensive process to resolve civil cases in Ontario. On January 1, 2020, the Ontario government changed the Rules of Simplified Procedure, including changes that increased the maximum amount a person can claim from $100,000 to $200,000. In other words, if the total value of your case was $200,000 or less, your lawyer could start your lawsuit under Simplified Rules. This change was made to allow families, individuals, and b ..read more

Arm injuries are often caused by instinctively holding out ones arm as a defensive action just before accident impact and sometimes due to the impact from air bags deployed at explosive speeds. In this article, we will take a look at four arm injuries and historical examples of the personal injury settlement values victims have received: Dislocation of Elbow Joint Monteggia Fracture: Anterior Dislocation of the Radial Head with Anterior Angulation of Fractured Ulnar Shaft Colles Fracture Comminuted Intra-Articular Fracture of the Olecranon Dislocation of Elbow Joint A dislocation of the elb ..read more

Marijuana is the most commonly used drug in North America. Most marijuana users begin experimenting in adolescence, and according to the Canadian Centre on Substance Use and Addiction, over 25% of Canadian youth aged 15-24 use marijuana.1 With the recent legalization of cannabis for recreational use in Canada, I wanted to explore both how marijuana affects the brain and the impact that the past use of marijuana may have on personal injury claims. How Marijuana Affects the Brain Although cannabis flowers produce more than 100 types of chemical compounds known as cannabinoids, the two most commo ..read more

Social media plays a prominent and important role in our day-to-day lives—enabling us to share photos we like, post updates about experiences, and catch up with friends and family. But if you have sustained an injury and are involved in a personal injury case, these simple posts and pictures can have major implications. Today, social media evidence is most commonly used in personal injury, family law, and employment practices. Over half of the lawyers surveyed in one report noted a rise in the last two years in lawsuits related to data, images, and posts made on social media networks and other ..read more

Personal Injury Client Costs and Fees In Ontario automobile and non-automobile personal injury cases, the costs and fees can be a heavy burden for a client. Generally, lawyers and clients establish a Contingent Fee Agreement (CFA) where a client agrees to pay the lawyer’s costs only if successful. If the case is unsuccessful, a client does not have to pay the lawyer’s costs. However, the client may still have to pay the lawyer’s outstanding disbursements. Adverse Cost Award The adverse cost award rule requires that an unsuccessful party pay a portion of the winning party’s disbursements. Howev ..read more

After receiving a personal injury claim settlement, you might discover that you are not the only beneficiary. Many clients are surprised to learn that a third party – such as the Ontario Health Insurance Plan (OHIP) – might also be entitled to payment of its own claim. This is known as “subrogated interest”. It is important for injury victims to understand what subrogated interest is and how it can relate to their case. In this article, I will answer some common questions about subrogated interest and discuss why, when, and how OHIP claims it: What Is Subrogated Interest? Subrogation is a lega ..read more

What Is Pain and Suffering in Terms of Personal Injury Law? Pain and suffering is a type of damage that an injured party may claim during a lawsuit. It is considered a “non-pecuniary” damage, which is a loss that is not easily quantifiable in financial terms (as opposed to, for example, loss of wages). Compensation for pain and suffering is intended to cover for the loss of enjoyment, the impact the injury has on the victim’s daily life, and the stress caused by the injury (both physical and emotional/psychological). As such, pain and suffering claims depend on each individual’s circumstances ..read more

Catastrophic injuries can cause scarring and disfigurement that can have a lifelong impact, physically, psychologically, and emotionally. The high visibility of scarring and disfigurement on the side of the face and neck can also affect a person’s quality of life in numerous ways, such as lost employment opportunities and low self-esteem. It is important for the injured person to understand that their psychological and emotional reactions are valid and normal. In most cases, victims are compensated for the psychological injury as well as the physical injury. In this article, we will take a loo ..read more

A basal skull fracture, most often caused by motor vehicle accidents, slip and fall accidents, and child abuse cases, is considered a severe head injury. It is a fracture at the base of the skull and is frequently accompanied by a brain injury, which can cause significant challenges for victims.  Some symptoms include: Racoon (black) eyes Loss of sensation to forehead Loss of sensation to lower face Ringing in the ears (tinnitus) Deafness Bleeding from nose and/or ears A basal skull fracture is not usually confirmed without the use of an x-ray or CT scan. In this article, we will take a ..read more