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  • My Ottawa personal injury lawyers say that OHIP gets part of the settlement, is this right?


    Published on: Tuesday February 07, 2012

    My personal injury lawyers say that part of my settlement must go to OHIP because they have a subrogated interest claim, what does this mean?

    Ottawa car accident and personal injury lawyers provide explanation of your rights and interests when it comes to OHIP's subrogated interest claim.

    When you receive indemnity (meaning compensation) as an injured person in Ontario, the law recognizes that you should be fully indemnified (meaning receive full compensation). It also recognizes that third parties, such as OHIP, should be reimbursed for their expense associated with your care.

    Associated with the legal principle of "indemnity" is the reciprocal principle of "subrogation". In such cases, a third party such as OHIP (meaning the Ministry of Health and Long Term Care) has a right by statute under the Ontario Heath Insurance Act to recover from the injured person what they paid to provide care services to the injured person. The injured person in turn recovers the amount from the person who caused them injury. The principle of subrogation exists in part because, in general, the law recognizes that the injured party is not entitled to "double recovery." An injured person only pays this if it receives it from the wrongdoer. However, the injured person and their injury lawyers must advance a claim for OHIP at the same time it advances a claim for the injured person.

    How does it work? In practice, as long as there is no conflict of interest, your personal injury lawyer will also be hired by the Ministry of Health and Long Term Care to advance a claim for reimbursement of the expenses OHIP paid to care for you as a result of your injuries. When the case settles, the wrongdoer (or their insurer), will provide compensation to you and also have to pay OHIP's subrogated interest claim.

    What does the Ministry say about their subrogated interest claim?

    This is what the Ministry of Health and Long Term Care has to say about their subrogation interest.

    "Personal Injury Accidents: Recovering Health Care Costs

    If a person is injured in an accident caused by someone else’s negligence or wrongdoing, and makes a claim for damages or initiates a lawsuit, the Ministry of Health and Long-Term Care can recover its costs for health care and treatment.

    Each year, the ministry recovers over $12 million from insurance companies through subrogation. Subrogation is a legal term unique to Insurance Law. It means “the right to recover costs for an injury caused by the fault or negligence of another person.” The ministry’s right to subrogation is enforced through legislation.
    By being familiar with the principle of subrogation, those representing an injured person can ensure costs for appropriate health care and treatment are included in claims for damages.

    Providers of health care services should read the fact sheet, Who Pays for Health Care: Injuries from Motor Vehicle Accidents to ensure costs for services are billed appropriately.

    The most common examples of personal injury accidents for which the ministry recovers health care and treatment costs are :

    slip and falls
    boating, air and rail accidents
    product liability or manufacturing defects
    medical malpractice or professional negligence
    dog bites
    municipal liability
    assaults
    some motor vehicle accidents
    class actions.

    The ministry is notified by the injured person, their legal counsel or by the at-fault party’s liability insurer.

    The ministry’s right of recovery applies to any incident regardless of the location. This includes other provinces, and foreign jurisdictions that allow subrogation or other reimbursement rights.

    The ministry can recover costs for :

    OHIP insured services including :

    physician services;
    hospital services including in/out patient, acute and chronic care;
    air ambulance; out-of-country/out-of-province medical and hospital services;
    Extended care services typically arranged or provided through Community Care Access Centres (CCACs) in the home, school or community including :
    professional services such as nursing, physiotherapy, occupational therapy, speech-language pathology, social work or nutritional services.

    non-professional services :

    personal support including assistance with personal hygiene and homemaking services such as house cleaning, laundry, banking, shopping, preparing meals;
    attendant care services such as assistance with personal hygiene and activities for daily living;
    long-term care accommodation and services in nursing homes, charitable homes and homes for the aged (accommodation costs cannot be claimed in other facilities such as supportive housing);
    community support services such as meals and transportation, caregiver support, adult day programs, home maintenance and repair, social or recreational services.

    Recovering Past and Future Health Care Costs

    The ministry recovers the cost from insurance companies (or at-fault parties) for all OHIP insured health services provided up to the time of settlement or judgment. It also claims the costs for future insured health care services that an injured person may need.

    Where an injured person has been assessed for long-term care services and benefits, funding is provided on a bridge or interim basis until settlement funds have been received. The ministry's claim includes these costs, and the subrogation unit endeavours to contact CCAC or other funding agencies upon settlement.
    Subrogation does not apply for future non-professional health care services or benefits (such as attendant care, personal support and homemaking). The injured person must include a claim for the cost of these services in his or her personal claim for damages. Once settlement funds are received, he or she can then purchase these services directly. (source: www.health.gov.on.ca)."

    OHIP at the moment (February, 2012) does not claim subrogated interest claims in cases of injured persons who are injured due to motor vehicle accidents in Ontario.

    The relevant section of the Health Insurance Act is section 31 which reads as follows:

    Subrogated claim included in action

    31. (1) Any person who commences an action to recover for loss or damages arising out of the negligence or other wrongful act of a third party, to which the injury or disability in respect of which insured services have been provided is related shall, unless otherwise advised in writing by the General Manager, include a claim on behalf of the Plan for the cost of the insured services. R.S.O. 1990, c. H.6, s. 31 (1).

    Recovery paid to Ontario

    31. (2) Where a person recovers a sum in respect of the cost of insured services, the person shall forthwith pay the sum recovered to the Minister of Finance. R.S.O. 1990, c. H.6, s. 31 (2); 2006, c. 19, Sched. L, s. 11 (5).

    Quinn Thiele Mineault Grodzki LLP - Ottawa accident and injury lawyers. We provide free consultations and no fee until you win agreeemnts. Call us for a free consultation at 613-563-1131 or 613-315-4878.

  • Another pedestrian car accident in Ottawa - Ottawa Car Accident Lawyers Report


    Published on: Sunday February 05, 2012

    News of an Ottawa pedestrian accident which caused injury on February 4, 2012 in Ottawa.

    Ottawa Accident Lawyers report - Legal Information about pedestrian accidents.



    It is unfortunate but another two accidents occurred in Ottawa over the weekend and two persons were seriously injured suffering head injuries as well as other significant injuries.



    As car accident lawyers, we see too many pedestrian accident cases that could have been avoided and we know how difficult it is for the families when they need to care for their loved ones but have so many unanswered legal questions.



    As Ottawa car accident lawyers, we handle all types of vehicle accident claims such as claims for compensation, accident benefit claims and disability benefits claims. No matter what the injury, be it a head injury, spinal cord injury, fractures, soft tissue injuries or brain injuries, we can help.



    A Quinn Thiele Mineault Grodzki LLP, we have a team of lawyers that focus only on injury lawyers. We work with a team of medical and health care experts. Unlike some lawyers who simply dabble in injury cases, we focus only on injury and accident cases. That is why many other lawyers in Ottawa and throughout Ontario refer their clients' accident and injury claims to us.



    Our thoughts are with any persons injured in motor vehicle accidents in Ottawa or elsewhere. We are here to help families deal with the legal issues arising out of car accidents.



    Visit us at www.pqtlaw.com or www.ottawapersonalinjurylawyernetwork.com or call us for a free consultation at 613-315-4878 or 613-563-1131.



    The lawyers of Quinn Thiele Mineault Grodzki LLP - Ottawa Accident and Injury Lawyers write blogs regularly on issues affecting the rights and interests of accident victims in Ontario, with a focus on eastern Ontario and Ottawa accident victims. As an addition to the basic news local news media provides, we offer more detailed legal information on injury and accident law. The lawyers at our law firm are dedicated to providing access to justice and we take all personal injury cases on a No Fee Until You Win basis, so that every injured person can afford to have top Ottawa injury lawyers handle their cases. Our blogs report often and we have received numerous kind comments on how our blogs and web sites have helped injured persons and their families.

  • Did you know that in most cases you are entitled to only one personal injury settlement? Don't sign a release until you read this article!


    Published on: Saturday February 04, 2012

    Did you know that in most cases you are entitled to only one personal injury settlement? Don't sign a release until you read this article!

    If you settle your injury case, in most cases, you cannot seek additional compensation at a later stage, even if your medical condition worsens and you were unaware that you would get worse. A final settlement is final and you will be barred from advancing another claim for the same accident no matter what your injuries were. If your health condition worsens or your injuries expand and you signed a release, you cannot claim more money.

    Therefore, it is vital that your claim is handled right from the very beginning and that all your injuries are fully known, that your damages are fully properly calculated and assessed and all contingencies are accounted for (such as a possibility of getting worse in the future), before signing any documents and finalizing any settlement.

    As one of Ottawa's (and Ontario for that matter) leading personal injury and accident law firms, we will represent your interests and protect your rights. We will ensure that your claim is handled right and you receive all the compensation you deserve. We have a long standing track record of success.

    We are experts at injury law. Call us for a free consultation at 613-563-1131 or 613-315-4878. Quinn Thiele Mineault Grodzki LLP - Ottawa accident and injury lawyers - protecting injured persons throughout Ontario.

  • WE CAN’T UNDO THE PAIN, BUT WE CAN FIGHT FOR YOU! – OTTAWA ACCIDENT CLAIMS SPECIALISTS


    Published on: Saturday February 04, 2012

    WE CAN’T UNDO THE PAIN, BUT WE CAN FIGHT FOR YOU! – OTTAWA ACCIDENT CLAIMS SPECIALISTS

    As your Ottawa accident and personal injury lawyers, we know that we cannot undo the immense pain, suffering and life disruption caused by the negligence, misconduct or recklessness of another person which caused you injuries. It is frustrating to know that in most cases, the incident causing the injuries was entirely foreseeable and preventable.

    However, as your dedicated personal injury lawyers, we will do everything within our power and control to obtain the best possible settlement for you so that, at the very least, you receive the compensation you need and deserve.

    When you are involved in an accident which caused you injury, you should hire a specialist. You want to hire a lawyer that works with a law firm (a team of lawyers, not just 1 or 2 other lawyers) that focuses exclusively on personal injury rather than one that practices general law and occasionally handles a personal injury case.

    At Quinn Thiele Mineault Grodzki, our personal injury lawyers only practice accident and injury law. We are litigators; we focus on accident and injury issues only. We specialize in personal injury lawsuits. We have extensive experience in handling all types of accident and personal injury litigation cases.

    We have been through the insurance process and the legal system pertaining to personal injury hundreds of times each year.

    Call us for a free consultation. We work on a contingency fee basis, so we do not charge anything unless we win your case and obtain compensation for you. Reach us at 613-563-1131 or 613-315-4878.

  • Ottawa Man Falls and is Injured? Ottawa Weather Causes Car Accidents and Falls - Watch for freezing Rain


    Published on: Friday February 03, 2012

    Bad Weather and Freezing Rain causes MVA Accidents and Falls in Ottawa

    The weather in Ottawa is often unpredictable and slippery surfaces are everywhere. The risk increases with freezing rain.

    We represent all persons who are injured due to slippery surfaces, whether it is a car accident, a cycling accident or a slip and fall by a pedestrian.

    The Ottawa Personal Injury Lawyers of Quinn Thiele Mineault Grodzki LLP are experts at handling injury and accident cases. To learn more about your rights as an injured person, call us at 613-563-1131 or 613-315-4878.

    This Ottawa Accident Blog is written by the Ottawa injury law team of Quinn Thiele Mineault Grodzki LLP, Ottawa's best accident lawyers. We report on all issues converning victims of accidents and their families.

    Call us for a free consultation at 613-563-1131 or 613-315-4878.

    Read one of our articles on accident and injury law issues at www.pqtlaw.com or www.ottawapersonalinjurylawyernetwork.com. See our videos and news reports.

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