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Preszler Injury Lawyers

Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Glossary of Terms

Here is a glossary of terms to help better inform you.

Accident Benefits

Mandatory insurance coverage in Ontario that provides compensation for medical costs, income replacement, and other supports after a motor vehicle accident—regardless of fault.

Accident Reconstruction Expert

A specialist who studies vehicle crashes using physical evidence, math, and physics to figure out how and why the accident happened. Accident reconstruction reports can be used to support your personal injury claim.

Accident Report

An official document detailing the circumstances of a motor vehicle accident, often filed with police or an insurance company.

Acquired Brain Injury (ABI)

Damage to the brain that occurs during or after birth due to trauma or medical conditions, such as falls, strokes, or infections.

Act of God

An unforeseeable natural event (like a flood or earthquake) that may relieve parties of liability in certain legal cases.

Activities of Daily Living (ADL)

Basic self-care tasks like eating, bathing, and dressing used to assess the severity of an individual’s disability and their eligibility for benefits.

Actuarial Expert

A specialist who calculates future financial losses or benefits, such as loss of income or cost of care, using statistical data. Their report is used to determine the amount of compensation claimants are entitled to receive, if any.

Adjuster

An insurance company representative who investigates claims, determines coverage, and negotiates settlements.

Airplane Accident

An incident involving an aircraft that results in injury, death, or damage—can lead to personal injury or wrongful death claims.

Alternative Dispute Resolution

Processes like mediation or arbitration, that involve lawyers, often used to settle disputes without going to court/trial.

Ambulation

The ability to walk or move from place to place, often assessed in disability claims or rehab contexts.

Any Occupation Test

A test used for disability benefits that assesses whether a personal is unable to work in any job suited to their education and experience.

Aphasia

A language disorder affecting speech or understanding, often caused by brain injury or stroke.

Appeal

A request to a higher authority (such as a court or tribunal) to review and change a decision. Appeals can also be made to insurance companies when long-term disability benefits are denied or terminated.

Appeal Brief

A written document that outlines the legal arguments and evidence a claimant will be using to support their appeal. Often used when long-term disability benefits are denied by insurance companies.

Appropriate or Reasonable Treatment

Medical care that is commonly accepted and recommended for a condition, relevant to insurance and disability benefit claims.

Apraxia

A neurological condition where a person has difficulty with motor function, affecting their ability to perform tasks.

Arbitration

A private process where a neutral third party makes a binding decision on a dispute outside of court. Often referred to as ‘private court’, and can be less costly and lengthy than an actual trial.

Assignment of Benefits

A transfer of insurance benefit rights from the policyholder to a healthcare provider or third party.

Ataxia

A lack of muscle coordination that affects voluntary movements. It is often caused by brain injuries or neurological disorders.

Atrophy

The wasting or shrinking of muscles or body tissue, often caused by lack of use or injury.

Attendant Care Benefits

Payments that help cover the cost of someone helping an injured person with personal care, like bathing, dressing, or eating.

Attending Phyisician Statement

A medical report from your doctor that describes your condition and how it affects your ability to work or function. Often necessary for insurance claims and long-term disability claims.

ATV Accident

A crash or injury involving an all-terrain vehicle, which may involve off-road liability or insurance disputes.

Bad-Faith Claim

A legal action against an insurance company for unfairly denying or delaying a valid claim.

Benefit Formula

The method used to calculate how much money you receive from a disability or insurance claim.

Bicycle Accident

When a cyclist is hit by a vehicle or injured due to unsafe roads or driver negligence. These cases can involve motor vehicle laws.

Boating Accident

An incident involving a boat that causes injury, death, or damage, often leading to personal injury claims.

Burden of Proof

The legal duty to show that your side of the case is true. The burden of proof usually falls on the person making a claim.

Bus Accident

An incident involving a public or private bus where passengers, pedestrians, or other drivers may be injured.

Bystander

A person who sees an accident or is nearby.

Car Accident

A crash involving one or more vehicles. In Ontario, these often involve accident benefits and no-fault insurance laws.

Caregiver Benefit

A payment for someone who can’t work because they’re taking care of an injured person who needs daily help.

Case Manager (CM)

A professional who coordinates medical treatments, rehabilitation, and support for someone with a serious injury.

Catastrophic Impairment

A severe injury (like brain damage or paralysis) that qualifies a person for higher accident benefits in Ontario.

Causation

The connection between an accident and the injuries it caused. Proving causation is key in personal injury cases.

Cerebellum

The part of the brain that helps control balance, coordination, and movement.

Change of Definition

When the meaning of “disability” in an insurance policy changes, usually after two years of receiving benefits. Change of definition often means that an individual must prove they are unable to perform any occupation due to their disability. If claimants are unable to do so, their long-term disability benefits may be terminated.

Civil Litigation

A legal process used to settle disputes between people or companies in court, not involving criminal charges.

Claim

A formal request for money or help from an insurance company after an injury or loss. If you are asking for insurance payments to cover things like income loss or medical costs, it would be a claim for benefits.

Claimant Appeal Statement

A document you submit if you’re appealing a denied claim, explaining why you think the decision was wrong. These are often used when long-term disability benefits are denied.

Class Action Lawsuit

A lawsuit where one person represents a large group of people with similar claims, like victims of a defective product. Successful class action lawsuits will result in one large settlement that gets divided between each class member.

Class Member

A person who is part of a group in a class action lawsuit, even if they’re not the one leading the case.

Closed Heady Injury

A brain injury where the skull is not broken, often caused by a blow to the head, like in a car crash.

Cognition

The brain’s ability to think, remember, focus, and understand information—often affected after a brain injury.

Collateral Benefits

Payments you get from other sources (like health insurance or disability plans) that may reduce the amount of legal compensation you’re entitled to.

Coma

A deep state of unconsciousness where a person cannot wake up or respond, usually after a serious brain injury.

Compensation

Money awarded to someone who has been hurt, to help cover things like medical bills, lost wages, pain, and more.

Concussion

A mild brain injury caused by a blow to the head. It can lead to headaches, confusion, and memory issues.

Conditional Approval Notices

Letters from an insurer saying a benefit is approved, but only if certain conditions are met. For example, where there is outstanding information or if results from a test are still needed before benefits kick in.

Contingency Fee

A payment plan where your lawyer only gets paid if you win your case. The fee is usually a percentage of your settlement.

Contributory Negligence

When the injured person is found to be partly responsible for the accident that caused their injuries. This can reduce the amount of money they receive.

Contusion

A medical term for a bruise—bleeding under the skin caused by a bump or fall.

Cost of Living Adjustment (COLA)

An increase in disability benefits to match inflation or rising living expenses.

Counterclaim

A claim made by the defendant against the plaintiff, saying the plaintiff also caused harm.

Court Accepted Expert Physician Testing

Medical tests done by specialists that a court accepts as reliable evidence in a case.

Court Motion for Summary Judgment

A request asking the court to decide a case (or part of it) without going to trial, based on the facts.

Coverage

The protection you get from an insurance policy—what’s included, how much is paid, and under what conditions.

CPP Disability Benefits

Monthly payments from the Canada Pension Plan for people who can’t work due to a serious disability. If you do not have long-term disability insurance through a group plan or private policy, you may qualify for CPP disability benefits.

CT Scan

A medical imaging test that shows detailed pictures of the body, often used to check for injuries after an accident.

Cut Off Date

The last day you can receive benefits or take legal action, depending on the rules of your case or insurance policy.

Damages

The money awarded to a person who has been hurt, to help make up for losses like medical costs, lost income, or pain and suffering.

Date of Disability

The date when a person first became unable to work because of an illness or injury.

Deductible

The amount of money you must pay out-of-pocket before your insurance starts covering the rest. Your deductible will depend on your specific policy.

Defective Products

Items that are dangerous or faulty and can cause injury. These may lead to product liability claims.

Defendant

The person, party, or company being sued in a legal case.

Demand Letter

A letter sent to the at-fault party or their insurer asking for payment or a settlement before filing a lawsuit.

Denial Letter

A notice from an insurance company stating that they are refusing to pay your claim, or approve your long-term disability benefits, often with a reason.

Deposition

A formal interview where a witness answers questions under oath before trial. The answers are recorded and may be used in court.

Direct Compensation-Property Damage (DC-PD)

An Ontario insurance rule that lets you get car damage repairs from your own insurer, even if someone else caused the crash.

Disability Benefits

Payments made to someone who can’t work due to illness or injury, often through insurance or government programs.

Disbursement

The out-of-pocket expenses a lawyer pays while working on your case, like medical reports or court fees.

Disclosure

The process of sharing all relevant information and documents with the other party in a legal case.

Discovery

A stage in a lawsuit where each side learns about the other’s case through document sharing and questioning.

Disfigurement

A lasting change to a person’s appearance, such as scarring or amputation, due to an injury.

Distracted Driving

Driving while doing something that takes attention away from the road, like texting or eating. It’s a common cause of motor vehicle accidents.

Dog Owner’s Liability Act

An Ontario law that makes dog owners legally responsible if their dog bites or injures someone.

DUI (Driving Under the Influence)

Driving under the influence of alcohol or drugs. It’s a criminal offence and often leads to personal injury claims.

Duty of Care

The legal responsibility to act in a way that avoids causing harm to others. This principle can apply in many types of personal injury cases, such as motor vehicle accident claims or slip and fall claims.

Economic Loss / Pecuniary Loss

Financial losses caused by an injury, like medical bills, lost income, or costs for care. Your economic losses after an accident will be calculated to determine part of the compensation you’re owed.

Elder Abuse

Harm or mistreatment of an older adult, which can include physical, emotional, or financial abuse. Elder abuse may take place in nursing homes, long-term care homes, hospitals, and other locations.

Electroencephalogram (EEG)

A test that records brain activity, often used to check for damage after a head injury.

Elimination Period / Waiting Period

The time you must wait after becoming disabled before you can start receiving long-term disability benefits.

Employers Report Form

A form filled out by your employer with information about your job and work status for a long-term or short-term disability claim.

Enrolment Probation Period

A set amount of time you must work at your company (or in general) before you can qualify for disability insurance benefits.

Examination For Discovery

A formal meeting where lawyers ask each side questions under oath to gather evidence before trial.

Expert Witness

A specialist (like a doctor or accident reconstruction expert) who gives professional opinions in court.

Frontal Lobe

The front part of the brain that controls thinking, decision-making, emotions, and movement.

Functional Abilities Assessment (FAA)

A medical test that checks what tasks a person can do physically and mentally after an injury.

Functional Capacity Evaluation (FCE)

A detailed exam that measures what a person can handle in terms of work tasks after an injury or illness. An FCE may influence the outcome of your long-term disability claim.

Functional Limitations

The tasks someone can’t do anymore because of a physical or mental condition.

Future Benefit

A payment you are expected to receive later, based on how long your disability is likely to last.

Gainful Employment

A job that pays enough to support a person and is suited to their training and experience.

General Damages

Money awarded for non-financial losses like pain, emotional distress, or loss of enjoyment of life.

Glasgow Coma Scale (GCS)

A tool doctors use to measure how awake and responsive someone is after a brain injury.

Glasgow Outcome Scale (GOS)

A scale used to measure how well someone recovers after a brain injury.

Graduated Return to Work Program

A step-by-step plan that helps an injured person slowly go back to work with adjusted hours or duties.

Group Plan

An insurance policy offered through an employer or organization that covers health or disability benefits for its members.

Health Care Expenses

Costs for medical treatment, rehab, medications, or therapy after an injury.

Hemiparesis

Weakness or partial paralysis on one side of the body, often due to brain injury or stroke.

Income Replacement Benefit

A type of accident benefit in Ontario that provides money to replace some of your lost income if you’re unable to work due to injuries.

Indemnify

To compensate someone for a loss or damage, usually through insurance coverage.

Independent Medical Examination (IME)

A medical exam arranged by an insurer to get a second opinion on your condition or ability to work.

Institutional Abuse Claim

A legal claim made against an organization (like a school or care facility) for abuse suffered by someone under its care. Institutional abuse claims may involve sexual abuse, physical abuse, emotional abuse, and more.

Insurance Act (Ontario)

The provincial law that sets out the rules for how insurance is provided and handled in Ontario.

Intensive Care Unit (ICU)

A hospital area for patients with very serious or life-threatening conditions who need constant care.

Internal Appeals Process

A process within an insurance company where a denied claim is reviewed before going to an outside appeal or court.

Joint Liability

When two or more people are legally responsible for the same harm or loss.

Judgment

The official decision made by a judge or court at the end of a lawsuit.

Laceration

A deep cut or tear in the skin or tissue, often caused by trauma during an accident.

Liability

Legal responsibility for causing harm or damage to another person. If a party is found liable for damage, they may need to pay for it or provide compensation to an injured party.

License Appeal Tribunal (LAT)

A tribunal in Ontario that handles disputes over accident benefits, like when a claim is denied.

Limitation Period

The time limit you have to start a legal claim. If you miss it, you may lose the right to sue. For many personal injury claims in Ontario, the statute of limitations is 2 years (with exceptions).

Limitations Act (Ontario)

The law that sets out the deadlines for starting different types of legal claims in Ontario.

Litigation

The legal process of taking a dispute to court.

Long-Term Disability

A type of insurance that pays income benefits if you can’t work for a long time due to illness or injury.

Loss of Earnings

Money you would have earned but couldn’t because of an injury or illness. This also includes lost wages, which is any income you missed out on while recovering from an injury or attending appointments.

Mass Tort

A legal case where many people are hurt by the same product or event and sue together, but each case is still treated individually. This type of claim is different from a class action lawsuit.

Mediation

A way to settle disputes without going to court. A neutral person (the mediator), often a lawyer, helps both sides reach an agreement.

Medical Malpractice

When a healthcare provider’s mistake or negligence causes harm to a patient.

Minor Injury

A less serious injury (like a sprain or bruise) that falls under the “Minor Injury Guideline” for accident benefits in Ontario.

Minor Injury Cap

A limit on the amount of compensation you can receive for pain and suffering from minor injuries under Ontario law.

Mitigatioin of Damages

Your legal duty to try and reduce the harm or losses caused by an accident (e.g., by getting treatment or looking for work).

Motor Vehicle Accident

Any crash involving cars, trucks, motorcycles, or other motorized vehicles. These are the most common source of personal injury claims.

Motor Vehicle Accident Claims Fund (MVAC)

A fund in Ontario that helps people injured in car accidents when no other insurance is available.

Motorcycle Accident

An accident involving a motorcycle, which often leads to serious injuries due to limited rider protection.

Negligence

When someone fails to take proper care, leading to injury or damage to another person.

No Win No Fee

A legal payment agreement where you don’t pay your lawyer unless you win or settle your case.

No-Fault Insurance

A system where your insurance pays for your accident benefits no matter who caused the crash.

Non-Earner Benefit

A benefit in Ontario that pays people who can’t work or go to school due to an accident, even if they weren’t earning money before.

Non-Physical Evidence

Evidence that isn’t physical, like photos, written documents, or witness testimony.

Notice of Action

A legal document that starts a lawsuit and tells the other party what the claim is about.

Notice of Claim Form

A form used to inform an insurer or party that you intend to make a legal or insurance claim.

Notice of Defence

A document the defendant files to respond to a lawsuit, explaining their side of the story.

Occipital Lobe

The part of the brain at the back of the head that controls vision.

Occupational Disease

An illness caused by exposure to something harmful in the workplace repeatedly or for long periods of time, like chemicals or loud noise.

Occupational Therapist (OT)

A healthcare worker who helps people regain daily skills after an injury or illness.

Occupiers’ Liability Act

An Ontario law that sets the legal duty of property owners to keep their premises reasonably safe for visitors. If you are injured on someone else’s property because the property wasn’t kept safe, you may file an occupiers’ liability claim. These are also sometimes referred to as premises liability claims.

Offset

When one benefit (like CPP disability) reduces the amount of another benefit (like private LTD insurance).

Optional Benefit

Extra insurance coverage you can choose to add to a standard auto policy, like more income replacement or caregiver benefits. To access optional benefits, you’ll need to pay more upfront.

Out-of-pocket Expenses

Costs you pay yourself due to an injury, such as parking for medical visits, medications, or medical devices.

Own Occupation Test

A disability insurance test that checks if you can still do the main duties of the job you had when you became disabled.

Pain and Suffering

Money awarded for physical pain and emotional distress caused by an injury.

Paralegal

A legal professional who can help with certain legal services, like tribunal hearings or small claims court matters, but isn’t a lawyer.

Paraplegia

Paralysis of the lower half of the body, often caused by a spinal cord injury.

Parietal Lobe

The part of the brain that helps with feeling touch, understanding space, and processing numbers.

Partial Disability

A condition where you can still work, but not as much or not at full capacity due to your injury or illness.

Personal Injury Law

The area of law that deals with claims for harm caused by accidents, negligence, or intentional acts.

Physical Therapy (PT) / Physiotherapy

Treatment that helps people recover movement and strength after an injury.

Plaintiff

The person who starts a lawsuit, claiming they were harmed and are owed compensation.

Post-Concussion Syndrome (PCS)

Ongoing symptoms (like headaches or memory issues) that continue long after a concussion.

Post-Traumatic Amnesia (PTA)

A period after a brain injury when the person can’t remember events or form new memories.

Post-Traumatic Stress Disorder (PTSD)

A mental health condition caused by a traumatic event, leading to symptoms like flashbacks or anxiety.

Pre-Claim Examination

A medical exam or assessment done before you submit a formal disability or injury claim.

Pre-Existing Condition Clause

A rule in some insurance policies that limits coverage for medical conditions you had before the policy began.

Pre-Trial Conference

A meeting between the parties and a judge to try and settle the case before getting ready for trial.

Probation Period

A set period at the start of a job or policy during which some benefits might not yet be available.

Prognosis

A doctor’s opinion on how likely you are to recover and how long recovery may take.

Psychiatrist

A medical doctor who specializes in diagnosing and treating mental health conditions, including those related to trauma or injury.

Psychological Injuries

Mental or emotional harm caused by an accident, such as anxiety, depression, or PTSD.

Psychologist

A licensed professional trained to assess and treat mental and emotional issues, but not a medical doctor.

Punitive Damages

Extra money awarded in rare cases to punish the wrongdoer for especially bad or egregious behaviour.

Quadriplegia

Paralysis of all four limbs (arms and legs), often caused by a serious spinal cord injury.

Quality of Life

A person’s general well-being, including physical, emotional, and social aspects—often considered in injury claims.

Ranchos Los Amigos Scale

A scale used by doctors to measure how well a person is recovering from a brain injury.

Range of Motion (ROM)

The amount a joint or body part can move, often tested after an injury.

Reasonable Care

The level of caution a typical person would use to avoid harming others.

Recurrent Clause

A policy rule that explains how benefits work if the same disability comes back after a person returns to work.

Rehabilitation

Treatment or therapy that helps someone recover skills or strength after an injury or illness.

Retrograde Amnesia

Memory loss for events that happened before a brain injury.

Settlement

An agreement between both sides in a legal case to resolve the matter without going to trial.

Short Term Disability

Insurance benefits that give you temporary income if you can’t work due to illness or injury. You are often required to exhaust short-term disability benefits available to you before you’re eligible for long-term disability benefits.

Slip and Fall

A type of personal injury claim that happens when someone is hurt by slipping or tripping on unsafe property.

Small Claims Court

A court that handles minor civil disputes involving small amounts of money, typically under $35,000 in Ontario.

Snowmobile Accident

An incident involving a snowmobile, often occurring on private land or trails. These may involve different liability and insurance rules.

Social Worker (SW)

A professional who helps people deal with personal and social problems, including those related to injury or disability.

Statement of Claim

A legal document filed by the plaintiff that starts a lawsuit and outlines what they’re asking for.

Statutory Accident Benefits Schedule (SABS)

Ontario’s rules for what accident benefits are available after a car accident and how they’re provided.

Strict Liability

Legal responsibility for harm even if the person didn’t mean to cause it or was careful—for example, in dog bite cases.

Structured Settlement

A settlement paid out in regular payments over time, instead of one lump sum.

Subrogation

When an insurance company pays your claim and then tries to recover the money from the person who caused the harm.

Surrender of Rights

Giving up a legal right, often part of a settlement agreement.

Temporal Lobes

Parts of the brain on the sides of your head that help with hearing, memory, and language.

Termination Letter

A notice from an insurer or employer that your benefits or coverage are ending.

Threshold

A legal standard that must be met in order to sue for pain and suffering after a car accident in Ontario.

Tort

A wrongful act that causes harm and can lead to a lawsuit, like negligence or intentional injury.

Total Disability Test

A rule used to decide if someone is totally unable to work due to illness or injury.

Totally Disabled

Being unable to perform any work at all because of a serious health condition.

Transferable Skills Assessment (TSA)

An evaluation to see if someone with a disability can do a different job using their current skills.

Traumatic Brain Injury (TBI)

A serious brain injury caused by a blow or jolt to the head, often seen in car or slip-and-fall accidents.

Trial

A formal court process where both sides present their case to a judge (and sometimes jury), who makes a final decision.

Truck Accident

A collision involving a commercial or transport truck. These cases can be more complex due to size, regulation, and multiple liable parties.

Underinsured Motorist Coverage

Insurance that protects you if the driver who caused the accident doesn’t have enough insurance to cover your losses.

Uninsured Motorist Coverage

Insurance that protects you if you’re hurt by a driver with no insurance at all.

Vocational Expert Assessment

A report that evaluates what type of work a person can still do after an injury.

Witness Statements

Written or recorded accounts from people who saw the accident or have important information about the case.

Wrongful Death

A legal claim made when someone dies because of another person’s negligence or wrongdoing.

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