By Jeff Neinstein
The podcast currently has 9 episodes available.
Neinstein Personal Injury Lawyers, Rose Leto Discusses Animal Injury Liability. Listen to the podcast or watch the video podcast on Vimeo.
Rose Leto Discusses Animal Injury Liability video's Podcast Read the Transcript Podcast below.That's the most terrifying thing on earth. She was actually unconscious after it happened and was bleeding, and we were worried that she had died.
Leslie Miller's long-haired Chihuahua Aloha is blind in one eye after a brutal attack last month by an off-leash boxer in their local park.
He grabbed her whole head and the vet later said that he was attempting to snap her neck.
And now her almost $3,000 in vet bills are piling up. And lastly, says the other dog has caused problems in the neighborhood before. She wants to hold its owners accountable.
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We've found about three or four different owners that have had their dogs attacked to have seen her dog be aggressive.
After Aloha's attack, Leslie asked Animal Services to come out here and fill out a report. They said that they would ask the other dog owner to always use a muzzle on their animal. No fines were issued, and no other information was given, citing privacy concerns.
We can't give the name, address, or phone number, no?
That's just terrible. So, they're worried about her making sure it's fair for her when literally I have a dog who's now lost her eye. I have $2,800 in vet bills.
Leslie has hired a lawyer who says she is entitled to compensation through small claims court. We put the question to a personal injury lawyer.
If their dog does go ahead and bite another animal or another person, then they're liable under the law for the actions of their dog. The victim does not have to prove any negligence.
But first, the victim needs to know how to get in touch with the offender. Getting contact information can be tricky and costly. Now, Leslie with legal fees to add to her woes.
It's a Privacy Act. They can go through freedom of information through the city of Toronto and request the information.
Lawyers say the costs involved will differ for every case, and even though fighting for your dog's rights are mired in red tape, the success rate is high.
It just seems fair that the dog that was attacked would have more of the rights, and it just doesn't seem like it's that way right now.
Toronto Animal Services says that you can get in touch with them by calling 311 if your dog has ever attacked, or go onto their website for a whole list of bylaws and more information about what you're entitled to for the dog owner.
All that information is on our website, https://neinstein.ca/. At the East small animal shelter in Saphia Khambalia.
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In today's episode of Neinstein Personal Injury Lawyers, Testimonial: John and Linda were in a car collision and hired Greg Neinstein. Listen to the podcast or watch the video podcast on Vimeo.
Neinstein Personal Injury Lawyers Testimonial: John and Linda were in a car collision and hired Greg Neinstein video's Podcast. Read the Transcript below.We're on our way to dance competition for my daughter. And the car was full. We had my whole family in there, and we're about five minutes out, and we went. We're just going through a green light, and the car on the other side decided to make a left turn in front of us. And I had no time to stop, and I jammed on the brakes. And before I knew that we hit him, we hit him so hard that their car actually flipped. After the impact, your airbags went off. I was a little confused that I look over, and my wife is crying, and in a way, she wanted to get out of the car, like my wife's neck was broken.
So he went around the car and then he opened the door and took me out. And I walked around maybe three, four steps, and then I kind of fell to my knees, and I fell to the ground.
John's uncle knew I guess, of Greg and his staff. And he recommended them to us. And they came to visit us; I think it was one weekend. I think it was a Saturday or Sunday. Shortly after I came out of the hospital, I really liked Greg. He was a very personable type of guy. He was very, very nice. And he made us feel that like we were going to be well taken care of cause as John mentioned earlier, we didn't have a clue. We didn't know what to do.
Within less than a week, we had a team of advisers, doctors, and everything that we're looking after. Lynda. He was going to make sure Linda got to see all the best doctors and made sure, you know, what any problems she had. He knows somebody to address it. And he set us up with a social worker that really sat down with our entire family, talked about the accident, helped us deal with it.
I feel grateful to them for everything. I really do, cause if it wasn't for them, I don't know where I'd be right now. They made a big difference in my life. They really, really did, and Greg's a sweetheart. He's an absolute angel. Anytime I needed him. And just to talk for any kind of, any reason, he was always there. I was very reassuring. I was very healthful.
You never want to go through something like that. But when you do go through something like that, you want somebody like Greg Neinstein, from Neinstein Personal Injury Lawyers, on your side that will, you know, be there as support. You know, he's the type of guy, he's more like a friend than like a lawyer.
I would highly recommend Neinstein Personal Injury Lawyers. He's awesome. He's totally amazing and his staff is just really, really great. They really are.
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In today's episode of Neinstein Personal Injury Lawyers, the Head of Neinstein's Medical Malpractice, Duncan Embury, discusses medical errors with Global News. Listen to the podcast or watch the video podcast on Vimeo.
Neinstein Personal Injury Lawyer's, head of Medical Malpractice, Duncan Embury discusses medical errors with Global News Read Neinstein's Transcript of the Podcast below.How much should we actually worry about medical errors? We're going to dig deeper into the issue. Bring in, Duncan Embury. He's a medical malpractice lawyer. Thanks for joining us. Give me a quick list here of what we're talking about in terms of errors.
Errors can be everything from medication errors to the wrong diagnosis to early discharge, surgeries that go wrong. There's the list goes on.
And we talked about better communication handoff, as they call it. Technically, you agree that's the issue — more times than not.
I would say that is the key issue that would prevent most medical errors.
Which sounds like a no brainer but is also evidence at the same time everybody's strained in the medical system, including the medical staff. It's probably contributing to it.
Right. I think that's the biggest contributor. I think as technology advances, and people get busier, the ability to actually sit down and communicate a person, a person gets less.
If anything, what's frustrating is, it seems to me this is preventable. It's just if it's used common sense which when you're under stress, of course, you're strained as medical professionals. We know that's an issue. Nevermind the patients that we talked about earlier in their families. It's not that simple. So, is the government doing enough?
Is it the government, or is it healthcare practitioners themselves? I mean, I think we have a strain on our system in terms of the patient population that healthcare practitioners have to see. It cuts down their ability to communicate directly.
So, I mean, you know this, you're a lawyer practicing medical malpractice law in Ontario, you know, the inside scoop. How do we fix it?
That's a hard question. I think it's a situation that needs fixing. I think patients can play a part in this too. In terms of communicating better with their own healthcare practitioners, it is all about communication, after all. And the more we ask questions, the more it facilitates answers.
I'm a big proponent of empowered patients, having family members who've gone through it, and you can't rely on the medical professional who has a list this long. You know, I mean, a to-do list and they're all for all these patients to ask questions, but where do you know not, you don't want to cross that line?
Well, I think. A lot of people are so scared of crossing the line. They never asked the questions, and I think healthcare practitioners will tell someone where they've crossed the line, but they need to ask the questions in order to get the answers first.
As I always like to say, better safe than sorry. More so, in this case.
Yes.
I appreciate your insight and time tonight. My pleasure.
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In today's episode of Neinstein Personal Injury Lawyers' Rose Leto talks about jaywalking with Global News Toronto. Listen to the podcast or watch the video
Neinstein Personal Injury Lawyers' Rose Leto talks about jaywalking with Global News Toronto video's Podcast. Read the Transcript Podcast below.Rose Leto:
So have you done it? Cause I've done it.
Yes. I mean, everybody does it.
When was your first time?
Kind of as a kid? Probably.
We're talking about jaywalking, and it's everywhere.
No one really knows what the rules are, and I think that would be helpful if they were much clearer.
Pedestrian advocate, Dillon Reed feels it's not such a bad thing as long as you're not overstepping the law.
If you're at a crosswalk and you start walking when that "Do not walk" sign comes up, that's a ticketable offense.
But if you're mid-block, it gets a little gray because according to the law, as long as you're not interfering with traffic and yield the right away, you may not be running, or should I say walking afoul of any laws.
Nowhere is it defined how far from a crosswalk do you need to be to have to use the crosswalk, and nowhere is it defined what yield right of way means and how far that car has to be.
If cars to slow down for you, that's dangerous.
In Toronto, the number of traffic-related pedestrian injuries has fallen between 2010 and 2014. The number of fatalities, however, was up during that same timeframe.
The vast majority of pedestrians who are hit by cars are crossing with the light out of the marked crosswalk. And they're hit by cars that are turning.
Now even though data reveals that pedestrian collisions with vehicles are more common right here at the intersection, they're more fatal here, mid-block.
The research found that mid-block collisions are five times more likely to result in a fatality. At mid-block, vehicles are moving faster, so jaywalking exposes the pedestrians to greater risk.
A gamble people often take.
An intersection even while doing this interview on jaywalking. Notice the guy behind our subject.
People crossing the middle of the block is something that happens in cities all over the world as part of the urban experience.
One that should be exercised with care, namely when there are no cars around and in a city like Toronto. Good luck with us. Peter Kim, Global News.
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In today's episode of Neinstein Personal Injury Lawyers, Neinstein's Daniel Michaelson Speaks About Icicle Liability with Citynews. Listen to the podcast or watch the video podcast on Vimeo.
Neinstein's Daniel Michaelson Speaks About Icicle Liability with Citynews video's Podcast. Read the Transcript below.That looks a little dangerous, I'd say.
Just look up, and you're bound to spot one.
They look pretty.
Icicles are nice to look at, but if one of these comes crashing down around your home or business, someone could get hurt. According to this Toronto bylaw, if the icicle is on your property, the responsibility to remove it is on you.
As a property owner, it's up to you to ensure your home or business is safe, and that could mean removing the icicles from way up there or simply blocking off the area.
General Legal Standard just has to be reasonably safe in the circumstance. It's not perfect. People, business owners are not held up to a standard of perfection. It's not an insurance company where you get injured or have some damage, and they pay if it's in the policy. But as to be reasonably safe. Putting up the signs is as a first step Mike, much like a slippery floor sign.
If your property isn't hazard-free, the city can issue you a ticket.
Our first step in enforcement compliances education and informing people, but we will, if it's an immediate risk or hazard, we'll deal with it immediately. Issuing tickets is not going to remedy the unsafe situation. Doing the remedial action is how we mitigate the unsafe conditions.
These are not only a danger to those passing by. It can also mean you have a problem with your home.
Generally, the formation of large icicles on the roof as a sign of a roof that's not insulated properly. So you have the warm air from inside the building envelope, getting up into the roof space, which then melts the snow that's on the roof deck, and as the snow runs down and gets past the outside wall of the building to the unheated part of the roof, that's where it will start to freeze again.
City officials suggest removing the icicles because once they melt, there is a threat of water damage to your property.
And if you do plan on cleaning off the icicles, make sure the area around you is clear and board up the windows to ensure that no ice goes flying through them. As you there mutual, I'm Stella Acquisto, CityNews.
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In today's episode of Neinstein Personal Injury Lawyers on CHCH Morning Live - Driver Safety and Tort Claims. Listen to the podcast or watch the video podcast on Vimeo.
Neinstein Personal Injury Lawyers on CHCH Morning Live - Driver Safety and Tort Claims video's Podcast. Read the Transcript Podcast below.You've been in a serious accident? Don't know where to turn to get your life back on track? And that's where a Personal Injury Lawyer here can help. And we've got an expert, actually, two experts right here from Neinstein Personal Injury Lawyers. Thanks so much for joining us. You guys specialize in this stuff. So, Rose Leto, thanks for joining us, and Ruth Fernandez as well.
As we're going to talk about avoiding these kinds of situations. But also there's been many changes in Tort law and other, you know, Personal Injury Law here in Canada, which is certainly a different situation than across the border. And of course, even the optics of it because they're so, you know, it's more litigious across the border, but also just in terms of the advertising, it's so aggressive, you know. But that perception is correct. There is much more in terms of claims across the borders in there.
There, absolutely, is. And you hear a lot in the media about the amounts of claims, and in Canada claims are limited. So we don't see the same numbers as we do in the United States.
Let's break it down just in terms of the criteria with Personal Injury.
So to make a claim, a tort claim for personal injury, you have to have a threshold of serious and permanent impairment. So there has to be some permanence to your injuries, some scarring, permanent injuries, stuff that's not going to go away in time. And that has affected your life in a serious way.
And your money earning capability.
Absolutely. So, that's one of the major factors. We look at someone's ability to return to the same job, to be gainfully employed, and to support their family.
In Canada, is it usually, is it the gamut in terms of injuries, but is it a largely, I mean, what are you seeing in terms of claims?
You see everything from whiplash, and a muscle strain up to a full brain injury -- and paraplegia, and quadriplegia, full gambit.
Now, there have been changes as well. Let's talk about some of the thresholds.
Yeah, so one of the major changes that we've seen recently is with the accident benefits. And that being the insurance companies have reduced the amount of money people could get for treatment. So $3,500 for minor injuries and they've reduced the maximum claims and non-catastrophic injuries to $50,000. And that's not a lot of money when someone needs some medical and rehabilitation.
No, it's not. That'll burn up very fast.
Very quickly.
Yeah. Now, in terms of larger claims in deductibles or anything, we need to know in terms of that?
No. Well, mostly, for tort claims, you're limited to the policy limits, and most people in Ontario, at least, have at least a million dollars. And we see that that's not always enough money.
So again, yeah, because there's huge cost involves, right?
So people should consider when assessing their policies on whether to increase their limits, to have more available to them.
Yeah, cause I'm sure there have been many cases where, I mean, you see you're in the front lines of this, and you can just see how fast that money goes and how huge these claims are.
So there's lots of information online, and we'll get the website up on the screen. But, so Ruth, we have you here as well because we are avoiding claims like this, you know, starts with prevention and you're an expert on that.
Absolutely. I mean, heading into a long weekend, we always advise people to be extra careful while driving to the cottage or a fun activity. We want people to be really alert, and prevention is a huge part of not, you know, getting involved in a collision. So while people are on the highway, we're encouraging them to yield the right of way or, you know, signal properly while making chain lane and lane changes. We also want people to be extra careful while driving around trucks or you know, cars pulling trailers with boats and that sort of thing.
It was just that split second moment. You know, they change the lifetime. And I know, Neinstein, you're very proactive just in terms of a brain injury conferences and that sort of thing. Actually, we should mention too, there's an app that you guys are developing, right?
At Neinstein associates, we've recently developed an app for people that may be involved in collisions. It's something that you can upload to your iPhone or your Android phone. And it takes you through the entire process. It'll give you some background on our firm. It takes you to a section of the app where you can create a report, take pictures, perhaps take a video of what's happened, the actual collision. And, once you're ready to submit, you know, it goes directly to our firm, and it's a free consultation. So, you know, everybody can feel that.
In anything that streamlines the process because when it's needed, I mean, it's an overwhelming process. And we want people to feel a little bit more secure and knowing that their information is going to the right hands.
And what we need to remember is that we provide a free consultation. So money should never be an issue for anyone looking for advice over the telephone. It's not a concern. We have a toll free number on a website, so long-distance charges don't need to be incurred. And we traveled through all of Ontario to see our clients.
And of course, you specialize in this. This is a personal injury, https://neinstein.ca. There's a website right there, Rose Leto, Ruth Fernandez. Thanks so much for joining us. So yeah, and safe driving all summer long.
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In today's episode of Neinstein Personal Injury Lawyers we are Featured on Daytime Toronto. Listen to the podcast or watch the video podcast on Vimeo.
Neinstein Personal Injury Lawyers video's Podcast. Read the Transcript Podcast BelowOne of the stats I mentioned earlier in the show was that a traumatic brain injury is the leading killer and disabler of Canadians under the age of 40. And the statistics go on and on about a brain injury. And how it affects the lives of Canadians and Torontonians, of course.
So we've got a great event coming up. We're going to tell you about how these support people with brain injuries of the committee member from BIST/OBIA Mix & Mingle - Ruth Fernandez and the chair of the BIST/OBIA charity event, Greg Neinstein. Good to have you both here.
Thanks for having us here this morning.
Thanks for having us
This is the Brain Injury Society of Toronto. Is that right? And the other one is the Ontario Brain Injury Association.
What is the best?
Well, this is the local chapter of the Ontario Brain Injury Association. So, there were several chapters, 26 chapters all across Ontario, and the Toronto chapter. And these chapters are aimed at helping survivors of brain injuries. Find peer support groups, resources, and help them get integrated back into the community after they've received a head injury.
And we are, that was just one statistic I gave. The numbers on brain injuries are shocking, right?
18,000 Ontarians will suffer a brain injury.
And that means, you know, in one year, every hour six Canadians are afflicted with a brain injury. And those stats are quite high when you consider all diseases in all sorts of fields. It happens to, you know, people that we know. One in 10 people that you know will suffer a brain injury this year. So it's quiet, it's a big, huge problem in our society.
And for kids, especially. Right?
It's so important that they wear a helmet when they're practicing sports and that they're taking all precautions to be safe.
So one of the things that this OBIA does is help with awareness because there is not enough awareness. And unfortunately, this is, in OBIA, they'd just been started in the last 10-15 years. And it's probably shocked when you hear the numbers in the lack of information people have about head injuries considering all the other amazing fundraisers that we see across Ontario. And when you see the numbers of head injuries, it's shocking that there is not much awareness about this disease.
A head injury can be so debilitating, and it could affect you for the rest of your life.
And it often does. It often does. You know, usually, patients will present with communication disabilities. And you know, it's always, it's not always very clear if you have a brain injury, so.
Right. You break an arm, it's clear. It's easy to see.
Exactly.
But some might be stumbling with their words. You might, and you don't do it together.
Yeah, you don't often pick up on that unless you know the person for a long time. And you sort of should watch out for mood swings, and you know, maybe they're not communicating properly. And things that you didn't bother them before, sort of irritating to them now. So those are all sorts of things that you know, people might look out for.
And what about children? If your child falls off the bike, they brush themselves off, the crying stops. You think everything's fine, what should we be looking out for?
It's so difficult to identify brain injuries, especially in children, because they're not able to articulate what they're feeling. So would finding problems with sleeping, problems with, being able to eat, an appetite. It's so difficult -- that I don't think there's any harm in finding early on in seeking medical attention regarding it, just in case.
Just, in case.
Cause the downside is huge and people with brain injuries, it usually takes a, within the first year is the most productive in getting rehabilitation. So if you don't identify this within the first year, you're losing out an ability for your brain, which is a muscle to start rehabilitating itself.
Right.
Really. So the brain is capable of regenerating some of those injured areas.
Absolutely.
Absolutely. You know, I was just at a talk with Dr. Tatter. And he says automatically if you know your child has had a concussion or he's hit his head, we absolutely know for sure, as the fact that it is a brain injury. So, you know, if you knock your head, you know, don't just disregard it. You know, look into it a little bit more further and see if there's a way to start rehabilitating.
Are we will set up here in Toronto for rehabilitation services?
There's a lot of resources, but there's a lot of people liking identified, and even the resources we do have are also limited. So the biggest thing about OBIA/BIST is the fact that our OHIP system is great. People do have access to get assistance. The problem is, once you finish that maximum medical recovery, and you're done with your OT, your occupational therapists, or physiotherapists, or your speech therapist, you go back into the community. And now, how'd you get integrated? How do people identify you with a brain injury? Because it's really the hidden disease. Because you can walk into a room, and no one sees that you have an injury. You could see someone that has paraplegia, you could see an amputee, but it's very difficult for people to relate and understand how to respond to someone with a head injury.
Getting back into work, all of those challenges. So we've got this terrific event. Actually, the whole month of June has been set aside as brain injury awareness, which is great. So what are some of the things coming up?
Yeah, so we've been working on the Mix and Mingle, which is an event that OBIA/BIST has co-produced in the last seven years. Greg Neinstein has been the chair of the event for the last three years. And you know, we bring out people from the health care industry and care service providers that, they're there to mingle and exchange ideas and find ways to collaborate and create awareness about this really important issue.
Right. So one of them, of course, is June 14.
So we have a great event, June 14th. It's at a steam whistle brewery, which is a fantastic venue. And we have some great live music. A Soul Stew which is a long time Toronto jazz band, can be playing. We've already raised before the event, $100,000, which is fantastic.
That's simply from ticket sales and sponsorships. And we hope to continue to increase awareness and provide assistance to survivors of brain injuries.
So we can get tickets for that online, right at your website.
Yeah. You definitely visit our website. The event is over 90% sold, but there are still some tickets available. So we encourage the viewers to join us that evening, and there's going to be great food. We also have amazing oysters, which is sort of a symbol for the brain. And you know, it's a topic that we're sort of talking about and great food, great music.
It's a great term. Our goal is just to thank everyone who's involved in the community, survivors, people that work in the community. And just have a great opportunity to network and have a fantastic event.
After that on June 20th, big event at Nathan Phillips Square, right?
Right. Every year, there is an event — Nathan Phillips Square during the day for Brain Injury Awareness Week. There'll be speakers there. I think Ben Mulroney will be speaking this year and talking about Brain Injury Awareness. And that's the biggest thing that we are really striving to achieve is to help people understand how prominent this problem is in our society.
Not genetically related, you know, this just happens to, right.
It can happen to anyone, at any one given moment. You know.
One in 26 Canadians suffers some type of brain injury. And I don't think anyone appreciates the volume of that.
Does either of you have a personal connection to someone with brain injury?
Well, I assist people with brain injuries all the time. So, I'm a Personal Injury Lawyer, and what I really do is I'm a Crisis Manager. And I helping manage people once they do have an injury, where's the guidebook and what to do. So I assist people in finding rehabilitation options, vocational options, all types of support in order to get back into some sort of meaningful day event.
One of the things that, you know, the event will fund after it's over is a guidebook business. You know, producing a guidebook for people with brain injuries, and to help them navigate the world's post, you know, a head injury because it's a whole different world.
Your website is fantastic. So go to the website and get lots of information there. Plus, your tickets to the Mix and Mingle, bist.ca. And now here's Maya with your community events. Great information. Thank you.
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Duncan Embury is the head of the medical malpractice group within Neinstein Personal Injury Lawyers and talks about how they are helping clients in Toronto and the surrounding regions.
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Contact Neinstein Personal Injury Lawyers
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Neinstein Personal Injury Lawyers partner Duncan Embury, who is an expert in medical malpractice, shares insight and tips on how patients can communicate better with their doctors in this Global News video segment.
Duncan Embury - Medical Malpractice GroupContact Neinstein Personal Injury Lawyers
1200 Bay Street Suite 700
Toronto, Ontario, Canada, M5R 2A5
1-866-920-4242
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The podcast currently has 9 episodes available.