The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50821
GIFFIN KOERTH presents our BODILY INJURY TEAM Is there a Doctor in the House? A fundamental challenge in forensics is knowing whether this event could have caused that injury. Real expertise in Bodily Injury is hard to come by. Forensic experts are usually more conversant with materials like twisted steel and crumpled concrete than they are with broken bones, torn flesh or damaged organs. Giffin Koerth's Bodily Injury Team – led by partner Jamie Catania – bridges the gap between the Engineer and the Doctor. Our uncommon expertise in biomechanics will provide you with the unshakeable science needed to identify the real cause and true extent of injury across a wide range of incidents. If you have a case concerning bodily injury, it can't hurt to pick up the phone. Call us at 1.800.564.5313 forensics@giffinkoerth.com www.giffinkoerth.com Michelle Livingstone B.Sc. (Mech. Eng), M.A.Sc., P.Eng Engineer Jamie Catania B.E.Sc., M.Eng., P.Eng. Jason Young B.E.Sc., M.A.Sc., P.Eng. injuries were defined as minor injuries and those who suffered injuries other than minor injuries — Wittman uncov- ered a distinction between the way the two classes were assessed, emphasizing in his judgment the stereotypical views of malingering that are often held against soft-tissue injury claimants. "By limiting the amount of non-pecuniary damages available to those suffering from minor injuries, the legislature has effectively categorized the group of injury victims as less worthy of non-pecuniary dam- ages. . . As a result, the MIR perpetuates the unfortunate stereotype that I find ex- ists in relation to minor injury victims," he writes. In the case of Ontario victims, Halpern Michael Sinott B.S., M.S. says: "Clearly these rules that limit liability in this way need changing because they are discriminatory. What we prefer to do, and what we're exploring at the moment is co-operation between one side of the coin — the OTLA, the Ontario Bar As- sociation, and consumer groups — and the other side — the Insurance Bureau of Canada — to come to some understand- ing about how auto insurance legislation should be changed, and then to approach the government with a concensus, that's clearly the way we would prefer, rather than the Charter challenge. "In the event that we don't get co-op- eration, we certainly will proceed with the challenge. In Atlantic Canada chal- lenges are now underway as well." The perception amongst personal Rob Parkinson B.Sc., M.Sc., Ph.D Giffin Koerth is one of Canada's largest and most respected forensic engineering and sciences firms. It is recognized for the quality of its work and the strength of its relationships. Giffin Koerth is located in downtown Toronto at 40 University Avenue, Suite 800. Danny Marmora B.Eng., P.Eng., CET injury lawyers is that of a David-and- Goliath imbalance between victims and insurers. Insurance companies are tight- lipped about statistics on malingering and fraud, while making billions of dol- lars in profits. The consensus remains that there needs to be more transparency with regard to the information insurers collect, and how they set premiums and control the costs of claims. Unfortu- nately, calls to the IBC for comments on a potential Charter challenge in Ontario were not returned. Like all private businesses, the insur- ance industry always has its eye fixed on improving the bottom line. The current system in Ontario, however, is failing to meet the needs of auto accident plain- tiffs. 56 JULY 2008 www. C ANADIAN Law ye rmag.com ntitled-1 1 6/10/08 9:04:51 AM