Accident Benefits
When you are injured from a car accident, you are entitled to receive accident benefits regardless of whether you were deemed at fault for the accident. Usually, these benefits are paid for by your own car insurance. If you did not have car insurance on the date that the accident occurred, you are entitled to receive these benefits from either: the insurer of one of the vehicles involved in the accident or from a government fund. Available benefits may include:
- Income replacement benefits of up to $400 per week
- Attendant care benefits
- Medical and rehabilitation benefits
- Caregiver benefits
- Housekeeping benefits
- Funeral benefits
- Lost and damaged possession expenses
The amount, type, and duration of accident benefits available to you will depend on the severity of your injuries, the nature of how the accident occurred, whether or not you purchased optional coverage on your auto policy and your date of loss.
We will assist you in completing the insurance forms including the application for benefits and help you understand the benefits that are available to you. We will also assist you in assembling a medical and community treatment team to help with your rehabilitation journey.
In the event that the insurer improperly denies a benefit to you, we will assist you in disputing the denial at the Licence Appeal Tribunal. Please bear in mind that when appealing any denied benefits, they must be appealed within two years of the stated denial date.
Tort-Pain and Suffering
When someone suffers an injury as the result of someone else’s negligence, they may bring a civil tort (lawsuit) to help recover damages from the responsible party. These damages may include lost income, medical expenses, and pain and suffering.
To be successful in obtaining compensation from a tort (pain and suffering claim) you must prove that your accident injuries caused you to suffer a serious and permanent impairment of an important:
- Physical
- Mental
- Psychological function
- A serious and permanent disfigurement
For your impairments to be serious they must prevent you from returning to your pre-accident employment or cause you significant interference with your activities of daily and normal life. For your impairments to be permanent, you must be able to show that they are unlikely to significantly improve in the foreseeable future.
You will also need to prove your damages have surpassed the statutory deductible in Ontario. Much like a deductible on your car, the statutory deductible consistently changes and increases.
With respect to income losses, you may sue for up to 70% of your gross income losses and lost earning-capacity up to the date of trial, excluding the first week following the accident, and 100% of gross income loss and lost earning-capacity after that date. You may also sue for your health care expenses if your impairments meet the verbal threshold.
As noted above, your case, as with similar cases, will likely be settled outside of court. However, if the insurer is unwilling to settle your case at this stage, you will need to decide whether to pursue with litigation. We will go through the stages of litigation should the need to do so arise, however it is important to bear in mind that you only have two years from the date of loss to issue a claim and start your lawsuit. Once this time period expires, it will be very difficult to pursue litigation on the defendant.
What is my case worth?
When looking at the value of a claim, we look at the injury and the limitations you experienced due to the injury. How has your injury affected your daily living and ability to work?
It is important to note that a claim for pain and suffering that develops from a motor vehicle accident must meet what is known as a “threshold”. To overcome this threshold, the injuries from the accident must have resulted in serious impairment and/or disfigurement that is permanent. These injuries may be physical or psychological in nature.
The types of damages include medical treatment, housekeeping, home maintenance services, pain and suffering, and loss of income (past and future).
Each auto accident claim is different because each victim is unique. It is important to have a lawyer with experience and who knows your rights.
Each motor vehicle accident claim is unique because each victim is unique. Our experienced team is here to advocate for your rights and provide you with the support you need to rebuild and move forward.