What happens if a person does not have the capacity to pursue a civil lawsuit?

litigation guardian
The Role of the Litigation Guardian
Ontario’s legal system contains many safeguards to protect the rights of children and mentally incapable persons who start a lawsuit.
In legal terms, a person under the age of 18, or an adult who lacks the mental capacity to make certain decisions, is a “party under disability”. Persons under disability must be represented by a Litigation Guardian before commencing an action for damages. A Litigation Guardian is someone over the age of 18 who has authority to instruct counsel throughout the litigation. …

Non-Earner and Income Replacement Benefits in Ontario

Non-Earner and Income Replacement Benefits in OntarioNo one ever gets into a car anticipating that they might get into a motor vehicle accident, yet all drivers are gravely aware of the possibility every time they get behind the wheel of a vehicle. That is why insurance companies exist and it is also the reason that in Ontario, all insurance providers of automobile insurance coverages are required to provide accident benefits to the insured party by way of the Statutory Accident Benefits Schedules (SABS). …

Collateral Benefit Deductions

Collateral Benefit Deductions What are Collateral Benefits and How Are They Related to the Statutory Accident Benefits Schedules? In Ontario, all insurance providers of automobile insurance coverages are required to provide accident benefits to the insured party by way of the Statutory Accident Benefits Schedules (SABS). The SABS is a form of no-fault insurance coverage. It is mandatory and included in all standard auto insurance policies within the province. These benefits are regulated under the Ontario Insurance Act and have been put in place by the Ontario government in order to help the insured party pay for out-of-pocket injury-related expenses such as health costs not covered by OHIP, …

What Happens If Your Lyft Driver Gets Into an Accident?

What Happens If Your Lyft Driver Gets Into an Accident? Regardless of whether you’re in the driver’s seat, the passenger’s seat, or the backseat of a vehicle, getting into a car accident can be scary. Depending on the severity of the accident, you may even suffer an injury. But what do you do if your Lyft driver gets into an accident during your trip? As a passenger, you have legal rights.
In the event that you suffer an injury while participating in a rideshare program like Lyft, …

Can a Whiplash Injury Actually Be an Undiagnosed Traumatic Brain Injury?

Can a Whiplash Injury Actually Be an Undiagnosed Traumatic Brain Injury?In order to determine how a whiplash injury can become a Traumatic Brain Injury (TBI), it is important to first understand what a whiplash injury is. A whiplash injury is a neck injury that is caused by a forceful and rapid back and forth movement of the neck (similar to cracking of a whip, hence the term, whiplash). The impact may result in bony or soft-tissue injuries, which in turn may lead to a variety of clinical symptoms called Whiplash-Associated Disorders. …

What Happens If Your Uber Gets into a Car Accident?

What Happens If Your Uber Gets into a Car Accident?Although recent years have seen a considerable spike in digital ridesharing services like Uber, the concept of carpooling or peer-to-peer ridesharing isn’t exactly new. In previous decades, hitchhiking was a fairly common and acceptable, albeit potentially dangerous, practice that made it easier for people who didn’t have access to a vehicle to reach their destinations. Ridesharing apps like Uber have certainly managed to bridge the gap between carpooling and hitchhiking by making these practices a lot more accessible and safer, …

What Are Some Emerging Trends in Personal Injury Law in 2020?

The holidays are a special time of year dedicated to spending time with family and close friends, which means that you’re probably not focusing on potentially enduring a personal injury. Considering the fact that personal injuries – particularly motor vehicle and slip-and-fall accidents – tend to rise during this time of year, it’s certainly something you should think about or at least be aware of. After all, you never know when you’re going to need the assistance of an experienced personal injury lawyer in Ontario to provide legal counsel for your case. …

How Do You Tell Your Insurance Benefits Are Being Unfairly Denied?

If your insurance company denies your benefits, do not automatically assume they have done so correctly and fairly. Insurance companies often unfairly deny benefits claims in order to protect and bolster their profits. At the end of the day, an insurance company’s first priority is turning a profit. Insurance companies have been known to resort to unfair and deceptive practices in order to mitigate their responsibility to pay your benefits. …