Darcy R. Merkur

Darcy R. Merkur

Partner

Practice highlights

Biography

Personal Injury Lawyer: Helping Those With Traumatic Injuries Requiring Hospitalization

Darcy Merkur is a trauma lawyer with over 20 years experience helping people in Toronto and throughout Ontario that have had a prolonged stay in a trauma hospital (like Sunnybrook Hospital, St. Michael’s Hospital or Sick Kids Hospital) following an accident.  

If your family is sleeping at a trauma hospital worried about you, then you may want to reach out to Darcy to see if he can help. If you or your loved one has suffered a significant brain injury (such as one involving a coma) or has suffered major orthopaedic and/or spinal cord injuries (like where surgery is required) then contact Darcy Merkur at Thomson Rogers. Darcy provides absolutely free no-obligation consults to anyone, anytime.   

Potential clients are often scared to call a lawyer. And when they finally do they get stuck navigating through various receptionists before ever getting to talk to an actual lawyer.   

Darcy’s approach is different.   

Darcy believes in a personal touch. He answers his own phone and fields client inquiries instantaneously through:

Try contacting Darcy Merkur directly and be impressed with how quickly he responds!   

Darcy believes your questions should be answered within minutes – not days nor hours – because he knows accident victims and their families can’t always wait to get answers to their important questions about insurance coverage and hospital discharge plans. Not only does Darcy understand your legal rights, but he strives to understand your injuries as well. For example, to better understand brain injuries, Darcy became the only lawyer in Canada qualified as a Certified Brain Injury Specialist by the Brain Injury Association of America. 

Darcy’s focus is on helping clients recover from their injuries. When potential clients ask Darcy how much their case is worth, Darcy shifts their focus to be on helping their loved one recover. He would prefer his clients to make a great recovery and receive fair compensation than receive massive compensation as a result of a poor recovery.  

Darcy facilitates his clients’ recovery by using his more than 20 years experience to personally assemble a rehabilitation team to assist his clients and by ensuring that the responsible insurance companies fund everything along the way.   

Darcy’s clients love his positivity, responsiveness and approach to keeping them fully and regularly informed.   

While Darcy handles all types of personal injury claims, he spends most of his time assisting catastrophically injured motorists. Darcy has extensive experience helping seriously injured children and teenagers, helping motorcycle accident victims, helping injured pedestrians and helping families of fatality victims.   

Darcy’s credentials are impeccable. He is proud to be one of only several plaintiff’s personal injury lawyers in Ontario with all of the following credentials:

Darcy takes great pride in his reputation in the legal industry. He personally developed the Ontario Personal Injury Damages Calculator used by hundreds of personal injury lawyers in Ontario to help quantify the value of personal injury claims.   

Darcy has helped obtain some incredible personal injury results. For example, Darcy, along with his partner Craig Brown of Thomson Rogers, received an extremely successful jury verdict of $3.5 million on behalf of a teenage brain injury accident victim. The Judge acknowledge the marvellous job done by Darcy and Craig advocating on behalf of the injured victim and his family. In fact, the Judge awarded Darcy and Craig a very rare $100,000 costs premium for having achieved an outstanding result (2006 CanLII 24128 (ON S.C.)). Darcy welcomes hearing from you. Call him and see if he can help. 

Darcy Merkur’s Personal Injury Damages Calculator

Darcy has also built a reputation as an innovator in the personal injury field. He has designed a revolutionary computer program for use in quantifying personal injury claims and his product is now available for sale through the legal publisher Carswell under the title “The Ontario Personal Injury Damages Calculator”. The program can also be used to quantify the value of past and future accident benefits available under the Statutory Accident Benefits Schedule (SABS), such as attendant care benefits, income replacement benefits, medical and rehabilitation benefits and other benefits available in cases of catastrophic impairment. The program is instrumental for accurately evaluating compensation in car accident cases, slip and fall cases, slip and fall cases and other negligence cases. 

Class Action 

Darcy was instrumental in the multi-billion dollar Aboriginal Residential School class action settlement — the largest class action settlement in Canadian history

Year of Call

2000

Education

  • Bachelor of Commerce, McGill University (1995)
  • Bachelor of Laws, Osgoode Hall Law School (1998)

Accreditations

  • Certified Specialist (Civil Litigation)
  • Certified Brain Injury Specialist by the Brain Injury Association of America
  • LEXPERT® Ranked Lawyer
  • Listed in The Best Lawyers™ in Canada since 2013
  • Martindale-Hubbell® Ranked Lawyer, AV Preeminent®
  • Previously on the Board of Directors for the Ontario Trial Lawyers Association between 2015 through 2018
  • Personal Injury Advisory Board for Practical Law Canada (a Carswell/Thomson, Reuters service)
  • Past Co-Chair of the Brain Injury Awareness Month Planning Committee, a committee of the Brain Injury Society of Toronto
  • Recipient of the 2011 Dean Edgell Award, presented by the Ontario Trial Lawyers Association
  • Member of the Ontario Trial Lawyers Association
  • Member of the Advocates’ Society
  • Member of the Canadian Bar Association
  • Member of the Ontario Bar Association
  • Member of the American Association for Justice
  • Member of FAIR (Fair Association of Victims for Accident Insurance Reform)

Industry recognition

Testimonials

Nick

Trauma Lawyer Darcy Merkur – Making a Difference

Nick was just a typical 20-year-old on his way to a hockey game the evening of the accident. He remembers the conditions were icy and that he had slid off the side of the road, hopped the curb and collided with a light pole. After that, his memory is foggy.

Immediately following the accident, Nick and his family knew little about the severity of his brain injury as doctors were mainly concerned with keeping him alive, but they knew there would be a large mountain to climb. That’s when they contacted Thomson Rogers’ trauma lawyer Darcy Merkur who helped Nick concentrate on his extraordinary recovery.

Tammy

Trauma Lawyer Darcy Merkur – Making a Difference

Tammy’s life changed in an instant when she was hit by a dump truck on her way to work one day. The accident caused her to bounce off the truck’s front grill and her driver’s side door leaving her with nearly zero brain activity. After awakening from a coma, it was evident the damage to her brain was severe and she would need extensive therapy to get back to being a fraction of the person she was before the horrible accident.

That’s when Tammy found trauma lawyer Darcy Merkur and Thomson Rogers. He became her ally, ensuring recovery went smoothly, and helped Tammy settle her case in just two years.

Denise Roussel

This was almost like the final process for me, was this law firm, how much they did to get Zoe to where she is today, and that’s a very well adjusted, happy, little girl.

Chris

When Chris was struck by a distracted driver, all he could think about was his wife and kids. With a broken neck, he went from being the kind of dad who never missed a hockey practice to a man too ashamed to let people see him struggle. But, when his wife contacted Thomson Rogers, things got better. Thomson Rogers put together a medical team to help Chris recover, filed a lawsuit to help pay for it, and made sure his future was taken care of. Now he’s back at hockey practice.

Thomson Rogers

 
When Chris was struck by a distracted driver, all he could think about was his wife and kids. With a broken neck, he went from being the kind of dad who never missed a hockey practice to a man too ashamed to let people see him struggle. But, when his wife contacted Thomson Rogers Personal Injury Lawyer Darcy Merkur, things got better. Darcy put together a medical team to help Chris recover, and made sure his financial future was taken care of. Now he’s back at hockey practice with his kids.

If you or a loved one has been involved in a serious accident, please contact Darcy Merkur at 416-868-3176 for a free consultation.


Cases of note


Press


Blog

Malitskiy attendant care decision should not apply to accidents on or after April 14, 2018

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What To Do When A Loved One Is Taken By Ambulance To A Trauma Centre After An Accident

What To Do When A Loved One Is Taken By Ambulance To A Trauma Centre After An Accident

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Approved Services Received Pursuant To Approved Treatment And Assessments Plans Should Always Be Paid By Accident Benefit Insurers

Approved Services Received Pursuant To Approved Treatment And Assessments Plans Should Always Be Paid By Accident Benefit Insurers

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How Car Accident Victims Can Access Treatment After Exhausting Their Accident Benefits

How Car Accident Victims Can Access Treatment After Exhausting Their Accident Benefits

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Virtually Representing Personal Injury Clients In Ontario During COVID-19

Virtually Representing Personal Injury Clients In Ontario During COVID-19

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Five Tips For Finding The Right Accident Benefit Healthcare Provider

Five Tips For Finding The Right Accident Benefit Healthcare Provider

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Motor Vehicle Accident Fatalities: What Rights Do Family Members Have?

Motor Vehicle Accident Fatalities: What Rights Do Family Members Have?

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Never Abandon The Treatment Team When Settling Accident Benefit Claims

Never Abandon The Treatment Team When Settling Accident Benefit Claims

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The Impacts Of COVID-19 On The Personal Injury Law Firm Landscape

The Impacts Of COVID-19 On The Personal Injury Law Firm Landscape

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Three Key Three Key Tips to Completing The Application for Accident Benefits (OCF-1)Tips To Completing OCF-1 (Accident Benefits)

Three Key Tips to Completing The Application for Accident Benefits (OCF-1)

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pedestrian countdown

Don’t start crossing when the pedestrian countdown has commenced!

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Why A Healthcare Provider Should Refer Potential Clients to Thomson Rogers Darcy Merkur

Why A Healthcare Provider Should Refer Potential Clients to Thomson Rogers

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No-Fault Accident Benefit System

Understanding the Basics of Ontario’s No-Fault Accident Benefit System

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The Toronto Star

Hundreds of so-called ‘trespassers’ have been run over on Canada’s railways. The Transportation Safety Board has only investigate two

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woman being pushed in a wheelchair by an attendant care worker

Fees paid to case managers and attendant care providers is clarified

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gavel on desk

UPDATE: Class Action Commenced Against Belleville Orthodontist, Dr. Garry Solomon

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iPads for Holland Bloorview Kids Rehabilitation Hospital thumbnail

Thomson Rogers Donates 65 iPads to Holland Bloorview Kids Rehabilitation Hospital

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Darcy Merkur, best personal injury lawyer Toronto

Personal Injury Law: Westerhof a welcome decision that will reduce litigation costs

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TR Law

Personal Injury Law: New ruling establishes that any financial outlay is an economic loss

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Best Practices for Hospital Social Workers & Transitional Care Coordinators Re: Safe & Effective Discharge Planning

Best practices for hospital social workers & transitional care coordinators re: safe & effective discharge planning

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Darcy Merkur, best personal injury lawyer Toronto

Up-To-Date Review of Statutory Accident Benefits Legislative Framework Presented by Darcy Merkur

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Darcy Merkur, best personal injury lawyer Toronto

The Anticipated Changes to the Definition of ‘Catastrophic Impairment’ and its Expected Impact

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Leonard Kunka and Darcy Merkur - personal injury lawyers

Overview of the Statutory Accident Benefits Schedule – Ontario Regulation 34/10

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TR Law

UPDATE – The Expert Panel’s Report to the Superintendent on Catastrophic Impairment

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Presentations

September 22, 2015

The Coming Changes to Ontario Auto Legislation: Accident Benefits & Tort

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September 02, 2015

Changes to Ontario Auto Legislation: Accident Benefits & Tort

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November 07, 2014

Using Demonstrative Evidence to Get the Most Out of Expert Evidence

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October 23, 2014

Demonstrative Evidence and the Use of Technology in the Courtroom

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September 11, 2014

Update on Changes to Ontario Automobile Legislation (2014 and beyond)

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May 07, 2014

Supporting ABI Car Accident Survivors, Family Members and In-Patient Rehab Teams

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September 12, 2013

Up-to-Date Review of Statutory Accident Benefits Legislative Framework (re: the anticipated CAT definition changes)

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September 12, 2013

Best Practices for Hospital Social Workers & Transitional Care Coordinators Re: Safe & Effective Discharge Planning

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October 18, 2012

The Anticipated Changes to the Definition of “Catastrophic Impairment”

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September 13, 2012

The Anticipated Changes to the Definition of “Catastrophic Impairment” and It’s Expected Impact

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September 08, 2011

Update – The Expert Panel’s Report to the Superintendent on Catastrophic Impairment,

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September 08, 2011

Update – The Expert Panel’s Report to the Superintendent on Catastrophic Impairment

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June 10, 2011

Ask for Legal Advice – a seminar on recent Court cases impacting the interpretation of the definition of “catastrophic impairment” in the Ontario Statutory Accident Benefit Schedule

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October 21, 2010

The 3 Most Important Changes to the Ontario Statutory Accident Benefits Schedule From the Perspective of Hospital Trauma Workers

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March 31, 2010

Overview of the Statutory Accident Benefits Schedule – Ontario Regulation 34/10

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December 01, 2007

Implications of the Residential Schools Agreement for other Mass Torts

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September 01, 2007

Using Cutting Edge Technology Applications to Effectively Analyze and Present Your Claim

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Team Members


Resources

November 30, 2020

Navigating ethical issues facing healthcare providers

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May 05, 2017

WHY IT IS NOW CRUCIAL TO COMPLETE AND SUBMIT A DISABILITY CERTIFICATE (OCF-3) ASAP – AN IMPORTANT MESSAGE FOR HOSPITAL WORKERS

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April 18, 2016

Major Accident Benefits Changes Come into Effect on June 1st, 2016

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March 30, 2015

Personal Injury Law: Westerhof a welcome decision that will reduce litigation costs

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March 23, 2015

Personal Injury Law: New ruling establishes that any financial outlay is an economic loss

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February 02, 2015

Personal Injury Law: Getahun provided crucial clarity on consultations between experts, counsel

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October 01, 2014

Assigned Accident Benefits of Little Value to Tort Defendants

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June 30, 2014

Expert duties reinforced as lawyer ordered to pay costs over biased witness

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February 05, 2014

An Unwelcome Surprise Change to Claiming Ontario Attendant Care Benefits

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January 27, 2014

The downside of judge’s ruling on reviewing draft expert reports

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January 20, 2014

Personal Injury Law: Service via Facebook should be the new norm

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November 18, 2013

New report a good first step towards a better insurance dispute resolution system

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October 28, 2013

Personal Injury Law: FSCO must now tackle arbitration delays

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October 14, 2013

Accident victims get break as arbitrator rules against retroactive benefits cuts

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September 25, 2013

Despite delay, catastrophic definition may still be overhauled

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September 06, 2013

Plaintiff’s counsel may be forced to rely more on legal experts

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April 01, 2013

Personal Injury Law: Dupont provides little comfort on protecting legal advice from disclosure

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February 01, 2013

Lawyers have time to wait before disputing catastrophic impairment designations

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January 21, 2013

Personal Injury Law: Accident-benefit dispute process makes no sense

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October 01, 2012

Personal Injury Law: Pastore completes trilogy of cases protecting accident victims

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August 13, 2012

Personal Injury Law: Case could spark avalanche of underinsured claims

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June 25, 2012

Personal Injury Law: Victims lose if government adopts recommendations on catastrophic impairment

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May 07, 2012

Personal Injury Law: FSCO decision puts accident-benefit settlements at standstill

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September 08, 2011

UPDATE – The Expert Panel’s Report to the Superintendent on Catastrophic Impairment

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September 01, 2011

A Catastrophic Upheaval – Kusnierz Decision Challenges Desbiens Ruling

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April 29, 2011

Communicating with personal injury clients

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April 07, 2010

Overview of the Statutory Accident Benefits Schedule – Ontario Regulation 34/10

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