Robert Ben
Lawyer specializing in brain injury, spinal cord injury and other serious personal injury litigation
08/24/2018
Did you know the driver of a motor vehicle who injures a pedestrian or cyclist will be presumed negligent?
8 Things You (Probably) Don't Know About Motor Vehicle Accident Injury Lawsuits in Ontario Did you know that you only have two years from the date of the motor vehicle accident to sue, subject to some very limited exceptions?
07/06/2018
One of a series of video profiles of our former clients that reminds me of the importance of the work we do every day.
07/03/2018
https://www.thomsonrogers.com/news/robert-ben-elected-to-otla-board-of-directors/
Robert Ben Elected to OTLA's Board of Directors OTLA is a non-profit professional association of lawyers formed in 1991 to champion and advocate for the rights of injury victims.
In personal injury trials, defendants often resist plaintiffs' request that the jury make an itemized award for medical and rehabilitation expense claims. (Defendants perceive that a lump sum award is more likely to be smaller than itemized awards.) This recent court decision (starting at para. 24) demonstrates that defendants do so at their peril. If a lump sum award includes expenses that are both covered and not covered by collateral benefits, the defendant will lose entitlement to credit or deduction for any of those benefits.
CanLII - 2018 ONSC 145 (CanLII) [1] These two actions arise out of motor vehicle accidents which occurred on May 3, 2007 and October 1, 2013. On May 11, 2017 after almost eight weeks of trial, the jury awarded damages in each of the actions.
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