PTSD & Catastrophic Injury

Post-Traumatic Stress Disorder (PTSD) is an anxiety disorder caused by a major physical or emotional trauma. It commonly affects traumatic accident victims.

According to the Oxford Medical Dictionary, the onset PTSD occurs at least one month after the traumatic experience. PTSD victims report flashbacks, nightmares, and anxiety. PTSD victims also engage in avoidance behaviors. For example, motor vehicle accident victims often develop PTSD in the form of driving anxiety.

Occasionally, the anxiety is so severe that these individuals avoid all forms of motor vehicle transportation.

PTSD is typically treated through a combination of counseling and medication. According to the Mayo Clinic, cognitive therapy, exposure therapy and eye movement desensitization and reprocessing are effective forms of PTSD psychotherapy. The Mayo Clinic also recommends antidepressants, and anti-anxiety medications to treat the symptoms of PTSD.

 There are legal implications associated with severe PTSD. Where PTSD has been caused by another person’s negligence, that person is responsible for the PTSD and its accompanying impairments. Moreover, severe PTSD can lead to a finding that one is “catastrophically impaired” for the purpose of no-fault accident benefits. Among other things, this will entitle the PTSD victim to increased funding for treatment.

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By: Jordan Kofman

Driving Positions

A proper driving position is essential to preventing accidents and minimizing accident related injuries. Below are three tips to improve common positioning errors.


Hand Position

Persons who learned to drive in the pre-airbag era were taught to position their hands at “10 and 2”. Today, this is an unsafe driving position. In the event of an impact, airbag deployment can fracture improperly positioned forearms and thumbs.

The airbag’s impact can also launch a driver’s forearms into their head, thereby increasing the odds of a brain injury. If your vehicle is equipped with airbags, position your hands at “9 and 3”.


Headrest Setup

A properly positioned headrest is essential to preventing whiplash-type injuries. In the event of a collision, your body and head should move in unison. This will not happen where the headrest is positioned too far behind the back of your head.

Position your vehicle’s headrest as close to the back of your head as possible. The headrest should be no more than 4cm from the back of your skull. Vertically, the top of your headrest should align with the top of your skull.


Mirror Positioning

There is a common misconception that the flank a driver’s own vehicle should appear on the inside edge of a side-view mirror. While familiar for many drivers, this mirror position increases the size of blind spots. The inside edges of properly positioned side-view mirrors will just overlap with the outside edges of the rear-view mirror’s field of view. This mirror position will dramatically reduce the size of your blind spot.



By: Jordan Kofman

Road Hazards

An unexpected hazard on a roadway can cause a driver to swerve or brake suddenly and crash into other vehicles, pedestrians, or structures. Road hazards can include a wide variety of conditions such as debris left on the roadway, trees or shrubbery that block a driver’s vision, or construction zones that can reduce the width of lanes or place a worker in the path of oncoming traffic.

The condition of the road itself can also present a hazard, such as uneven roads, unexpected curves, faded paint markings, cracks or potholes, or the presence of snow, water, or ice.

Encountering a road hazard, such as a pothole, can result in severe consequences, such as personal injury, or even death. But aside from vigilantly keeping an eye out for hazards on the roadway, there is not much that drivers can do to protect themselves and others.

Various government agencies, such as the Province of Ontario and municipalities, are responsible for maintaining roads and ensuring they are safe for drivers, cyclists, and pedestrians. They are required to keep all roadways in a state of repair that is reasonable in the circumstances.

Therefore, in the event of an accident, it is possible to make a claim against the Province or municipality for damages. In order for a claim to be made, the Province or municipality must have failed to meet the minimum maintenance levels. These minimum standards can differ by type of road. It must also be shown that the Province or municipality knew, or should have known, about the state of disrepair.

If you are injured in an accident and believe a road hazard caused or contributed to the accident occurring, it is important to consult with a lawyer in order to determine whether you have a valid claim against the Province or a municipality.

Road Rage

Most drivers have experienced some level of annoyance or anger at other drivers on the road, but “road rage” is much more extreme. Road rage occurs when a driver’s extreme anger at other drivers' perceived wrongdoing results in aggressive, angry, and potentially dangerous behaviour.

Aggressive driving behaviours include tailgating, speeding, failing to yield a right-of-way, cutting off other vehicles, swearing, rude gesturing, or making threats. These behaviours could result in subsequent altercations, assaults, and collisions.

A strong majority of Ontario drivers admit to driving behaviour that could be described as road rage. According to a study by the Canadian Journal of Public Health, 46% of Ontario drivers have been shouted at, cursed at, or had rude gestures directed at them while driving in the previous 12 months, and over 31% of them admitted to shouting or cursing at someone themselves.

Road rage appears to be most prevalent in drivers aged 18-34, with over 44% of them admitting to threatening or swearing at someone while driving. It also appears to be more prevalent among the wealthier segment of Ontario drivers. Over 44% of Ontario drivers earning over $80,000 a year admitted to swearing or threatening another driver.

According to a report by Leger Marketing for kanetix.ca, men also appear to be more likely to engage in road rage behaviour than women – although not by much. Among Canadian drivers, 83% of men and 76% of women admitted to engaging in some form of aggressive driving behaviour. Additionally, men were more likely to experience road rage after being cut off, while women were more likely to experience road rage for personal reasons, such as running late or having a bad day.

The Canadian Journal of Public Health study also found that drivers in highly congested traffic areas, such as Toronto, were more likely to be the recipients of shouts, curses, and rude gestures. This is likely due to the higher stress levels associated with urban driving.

The consequences of aggressive driving and road rage incidents can be severe. Just last summer, Ontario police charged a 27 year old truck driver for throwing a steel block through the window of another car, injuring a baby and five-year-old child. While this is an extreme example, road rage incidents can result in serious injury or even death.

Road rage is often caused by heightened stress. You can avoid becoming involved in a road rage incident by monitoring your own stress levels. Ensure that you get fresh air, breathe deeply, and listen to relaxing music while in a stressful driving scenario. If you are on a long trip, take a break from driving every now and then. If someone else’s driving annoys or angers you, do not try to retaliate. It is much better to leave traffic enforcement in the hands of police.

The next time you become angry on the road, remind yourself of the potential consequences. Do not take other drivers’ mistakes or behaviours personally and you can ensure that you will not become a perpetrator of road rage in the future.

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Wedding Insurance

Wedding insurance is a policy that provides financial protection against an unpredictable event that can occur. This type of coverage is especially important given the increasing cost of weddings.The following is a list of some of the benefits that may be provided under a wedding insurance package policy:


• Cancellation or Postponement Expenses: Reimbursement for expenses that result from cancellation.

• Illness or Injury: If certain individuals involved in the wedding get injured or become ill and the wedding needs to postponed, the expenses involved with the postponement are covered.

• Weather: If you wedding has to be postponed due to rain or bad weather conditions, there is coverage for the cost of rescheduling.

• Failure of Suppliers: Reimbursement for any non-recoverable deposits from a supplier who fails to provide their services as agreed upon.

• Rented Property: Reimbursement for direct physical loss or damage to any rented property used during the wedding reception.

• Wedding Rings: Reimbursement for loss or damage to wedding rings for a stated period of time prior to the wedding until the conclusion of the ceremony.

• Wedding Gifts: Reimbursement for damage to wedding gifts up to 24 hours after you receive them. The weddings gifts must be either at the reception venue or in transit from the reception venue to the home of the wedding party. The coverage ends once the wedding gifts arrive at the home of the wedding party.

• Wedding Cake and Flowers: Reimbursement for any direct physical damage to or loss of the wedding cake or flowers for a specified number of days prior to the wedding an up until the conclusion of reception.

• Photographs, Video, DVD or Other Medium: Reimbursement for the photographer’s or videographer’s expenses incurred to correct, or retake the wedding photographs or other medium within a specified timeframe from the actual wedding event.The following are some of the riders that can be added to the standard wedding insurance package policy for an additional premium to address the policyholder’s specific needs:

• Honeymoon: Cancellation of the honeymoon due to illness, bad weather or other specified circumstance.

• Liability Insurance: Liability insurance if the ceremony and or reception is held at a site that doesn’t carry liability insurance such as a private residence. This provides coverage in the event a guest sustains personal injury or causes injury to someone else.

• Military Service: If the bride or groom are in the military or active reserves, coverage is provided if  they are called into service and the wedding has to be postponed.There are conditions, limitations, and exclusions that are outlined in the policy wording. It is important to consult an insurance broker for expert advice. You will want to ensure you have the appropriate coverage to address loss to property as well as against lawsuits for personal injury to a guest or caused by a guest.

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The Benefits of Snow Tires

In April 2015, the Ontario government announced that insurance companies will be required to offer drivers a discount for choosing to put snow tires on their cars and trucks. The government stopped short of following Quebec’s lead in making winter tires mandatory.

In Quebec, winter tires need to be installed by December 15 each year and remain in place until the following March 15. Quebec’s Ministry of Transport found that the implementation of mandatory winter tires made an immediate impact. There were five percent fewer victims of motor vehicle accidents in the first year of the program as compared to the five years prior to the mandatory requirement.

Winter tires work because they have enough rubber to stay soft and flexible in the cold. Winter tires are less slippery than all-season tires because they contain silica, which is like sand, and gives winter tires a biting edge on slippery snow. Winter tires also have tread design features that push away water, slush, and snow so that drivers can corner and brake safely. All-season tires by comparison get hard and lose their effectiveness when temperatures dip below seven degrees Celsius. All-season and summer tires are more prone to clog with snow creating an unsafe and slippery driving surface.

Winter tires will not prevent a car accident but they do provide better protection for you, your family, and other drivers. If you, or someone you know, has been injured while driving on winter roads a personal injury lawyer can help. Do you fit in to our areas of practice? Contact Oatley Vigmond today for more information.

Insurance and Risks of Misrepresentation

When you apply for insurance, you have a duty to disclose all relevant information and be honest in answering every question. Failing to do so can amount to misrepresentation which may lead the insurer to void the policy or deny you coverage.

Material misrepresentation simply means failing to report or falsely reporting any important information that would prevent the insurer from properly assessing the risks of insuring the policy holder.

Voiding the insurance policy means that the insurance contract was invalid from its inception. This is because from the very beginning, the policy holder failed to provide the information that the insurer required to assess the risks of insuring him or her. Even if the insurer does not void the policy, the insurer may still deny coverage based on material misrepresentation.

The insurer may also refuse to defend the insured in a lawsuit. A lawsuit starts by the plaintiff making certain allegations against the defendant in a document called the Statement of Claim. If these allegations fall within the scope of the coverage in the insurance policy, the insurer will have a duty to defend the named defendant in the lawsuit. This means covering all legal expenses.

However, if the policy holder has materially misrepresented, the insurer may refuse to defend its policy holder when he or she gets sued. This means the policy holder will be personally responsible for the lawsuit instead of the insurance company.

For these reasons, it is very important to be truthful to your insurance company, and provide them with all relevant information. Failing to do so can result in disastrous and unknown consequences. For any questions or concerns, feel free to visit us here.