My 5 Most Popular Blogs About Hamilton & The Law

As we approach the end of the year, I thought it was a good time to look back at those posts readers have found most valuable. Some of the issues that I’ve addressed in these posts are worth re-visiting, so without further ado, here are five of my most popular posts on personal injury law and Hamilton of all time:


#1 – Amazing Wheelchair Accessible Things To Do In Hamilton —

The single biggest problem that an injured person faces is the sudden loss of their physical freedom.

Their ability to get around is suddenly impeded and even doing everyday errands can become physically taxing. This post is a good reminder for businesses and attractions that being wheelchair accessible, as well as accommodating towards those with other mobility issues, is so important to ensure an inclusive Hamilton!

My personal favourite of all is the Royal Botanical Gardens: it’s just a great place to go for the day, with the family, and enjoy the beautiful displays. And if you’re a little hungry afterwards, I wrote a separate post on Hamilton area restaurants that are wheelchair accessible too.

There were also some useful comments and updates on this blog too. It is, without a doubt, the most popular post I’ve written.


#2 – Long-Term Disability Insurance – The Roundup Blog – Frequently Asked Questions —

If you’ve ever had a question about long term disability coverage or claims, this is the post that will likely answer it for you.

I compiled the questions and answers based on those that I get most often from clients, and it covers all the bases of the LTD arena including definitions, qualifications, timelines, and so on.

If you have a long term disability claim in the works, you need to give this one a read and make sure that you understand the process and your options above and beyond what the insurance company tells you.


#3 – Do Insurance Companies Use Surveillance? —

Of all the questions I get asked, this is probably the most frequent.

For a person who is legitimately injured and suffering, it seems odd, even aggressive, for an insurance company to use surveillance to build a case. But this is, unfortunately the case.  Not only is it perfectly legal for insurance companies to use surveillance, but they do so in around 30% of cases (this number comes from my experience working as defense for insurance companies in my past life. Believe me, I know how insurance companies think!)

But as I always remind my clients, it’s not a reason to panic. The insurance company is doing its job: It’s not a personal vendetta against you or a repudiation of your injuries. It’s just fact finding.

When you are legitimately injured, it’s a waste of their time and money but that’s the key: it’s THEIR time and money, not yours. As long as you are being 100% honest in everything you do with regard to your claim, the insurance company will have nothing to gain with the footage obtained.


#4 – Can I Sue My Spouse: For Causing The Accident That Hurt Me and Will Insurance Respond —

This more recent post is one about a situation that comes up more often than you might think.

It’s another situation in the legal sphere where you must look at it from an arm’s length distance and remember that suing your spouse isn’t personal.

You’re not attacking them and you likely won’t end up in court with the lawyers attacking their personal credibility on the stand, reducing them to tears. That’s television, not real life.

The reality is that sometimes you have to sue your spouse to get the compensation you need to rebuild your life, and the fact that your life includes the person who injured you is irrelevant to the law (to a degree). The key to remember is that it’s their insurance company that is responding to the claim, not your spouse personally.


#5 – Can You Sue Your Neighbour And Stay Friends? —

Along similar lines to #4, above, suing your neighbour in the event of an accident on their property is another touchy subject.

When a spouse sues a spouse for personal injury, it’s generally not acrimonious. It’s a discussion about what is best for the family.

When you sue a neighbour, however, well… let’s just say it wouldn’t be surprising if your neighbour took it personally. After all, regardless of whether you need years of physio and how badly your neighbours feel about that rickety step that caused your fall, they still feel the pinch of their insurance fees rising and the stress of being sued.

Ideally, this kind of situation would never come up, and it behooves all of us to make sure that our homes are safe, mitigating the risk of an accident.


If you have a question about personal injury law that I haven’t addressed in my blog, let us know! Perhaps you’ll find your suggestion on next year’s round up!


    3 replies
    1. Paul M Mann
      Paul M Mann says:

      I am a medical malpractice lawyer for patients who have been injured by medical professionals. I prefer Jury cases as I find that often Justices hearing the cases are felt to be bound by ” rules” and prior case law in an oft confusing state concerning causation. Juries seem to me, even in low ball Hamilton, to ” get it right” and are not all caught up in the confusion of law. I also believe that while lawyers seem to want to expert cases to death, Juries often sleep through experts and go with lay witnesses . I agree that clients must retain lawyers who do Trial work; and those with experience. Too often MVA lawyers think a medical malpractice case will settle and work towards that end. Nonsense,. Unless a lawyer is willing and eager to go to Trial in this area of law they and their clients are often doomed. My 2 cents.

      • Derek Wilson
        Derek Wilson says:

        Good points Paul. I agree in medical malpractice cases especially, you need a very specialized expertise. I myself concentrate on Personal Injury, excluding medical malpractice, and refer those cases out to someone with the necessary background. One of the issues you don’t face in your area is the concept of a monetary deductible for generals now set at 37,300 and will increase each year. A deductible the jury is not allowed to know about. I also find it interesting that although the deductible has been present valued in today’s dollars, general damage assessments for pain and suffering, in my experience, have not. I agree with the importance of lay witnesses over and above that of experts. Thanks for taking the time to read it.


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