A Toronto car accident lawyer at Verkhovets Law notes that according to the Ontario Road Safety Annual Report, every year there are numerous car accidents in this province. Last year’s number was 43,353 car accidents. If you’ve been involved in a car accident—and have suffered a personal injury—there are three ways available to you to get compensation.
The purpose of each category below is to compensate you for losses you have sustained in a car accident:
- Accident Benefits Claims
- Property Damage Claims
- Tort Claims
Anyone injured in a car accident is entitled to Ontario’s no-fault statutory accident benefits through their automobile insurance policy. This means that even if you caused the accident, you are still entitled to accident benefits. Accident Benefits Claims are meant to cover the cost of rehabilitation, therapy, psychological treatment, loss of income, funeral expenses, caregiver, housekeeping, attendant care, and some other benefits, too.
You may be entitled to file a property damage claim if your car needs repairs or must be replaced altogether because it is no longer safe or drivable. A property damage claim can include the cost of replacing items that were damaged or lost as a result of the collision or crash in addition to the vehicle itself.
When it comes to a car accident, we normally pursue unintentional tort claims. ‘Unintentional’ means that person did not aim at injuring a specific person, but was rather not driving carefully enough, which resulted or contributed to an accident. Such tort claims seek compensation for the damages suffered as a result of someone else’s negligent conduct. These torts are called Negligence Law.
In a car accident case, a tort claim is launched against the at fault party who caused the accident. Tort claims can include compensation for pain and suffering, loss of enjoyment of life, out-of-pocket expanses such as housekeeping, babysitting, driving to and from treatment, parking, funeral and burial expenses, additional attendant care costs not already covered by Accident Benefits Claim, and many more. Tort claims go through Ontario Superior Court of Justice, explains a Toronto car accident lawyer at Verkhovets Law.
In tort claims arising from a car accident, fault is determined by evidence showing that one or more persons was negligent, and that that negligence caused the accident. Fault is determined using the Ontario Fault Determination Rules (FDR), part of the Insurance Act.
The Fault Determination Rules are used for almost every car accident in Ontario. Fault is allocated as a percentage, out of 100%.
If you sustained a permanent, serious impairment, you could claim for pain and suffering, and loss of enjoyment of life. The legal test for a pain and suffering claim is: Serious and permanent disfigurement or resinous and permanent impairment of an important function.
If there is any type of economic loss as a result of a car accident, it is automatically compensable, subject to fault allocation. This includes compensation for economic losses if you are unable to work and out-of-pocket expenses for your recovery. Future health care costs can be awarded, too.
In addition, family members can also make a claim for loss of companionship or wrongful death, for example.
Beware, under the Limitations Act, a legal claim (a lawsuit) must be filed within two years of the car accident.
Toronto car accident lawyers know what your claim is worth
A Toronto car accident lawyer at Verkhovets Law will tell you that you and your family can be compensated by a claim filed with the civil courts in Ontario – for those permanent, serious injuries seeking a pain and suffering award, there’s a $391,453 damages cap with a $41,503.50 deductible, both adjusted annually, and tied to inflation.
But remember, Toronto car accident lawyers at Verkhovets Law note the deductible doesn’t apply in cases where injuries are severe, and the pain and suffering awards exceed $138,343.86.
While pain and suffering awards are capped, damages for income loss, out-of-pocket expenses, loss of competitive advantage, loss of business opportunity, and future care costs have no monetary limit that can be recovered and there is no deductible.
A Toronto car accident lawyer explains that with a tort claim you can be awarded compensation for funeral and burial expense claims in the event of wrongful death (there is no maximum). In addition there is compensation available for housekeeping and home maintenance and attendant care services claims for that amount beyond what is provided by the SABS; loss of income over what is received via Income Replacement Benefits (IRB); loss of competitive advantage and business opportunity; current and future medical expenses and other costs incurred.
Family members can sue for their loss of care, guidance, and companionship of the injured victim. These claims are also inflation-indexed and must exceed $69,171.36 before the $20,751.76 deductible is waived, says a Toronto car accident lawyer at Verkhovets Law, adding there are provisions to cover the cost of any personal health devices like glasses, hearing aids, or dentures lost because of the car accident.
Learn more about our specialty, Toronto Car Accident Lawyers.
A Toronto car accident lawyer explains what’s involved with an Accident Benefits (AB) claim
In Ontario, compensation for some losses associated with car accidents is covered by your individual insurance company and may not need to involve a lawsuit against the at-fault driver, say Toronto car accident lawyers at Verkhovets Law.
But there are steps involved that must be taken to get your benefits. First you must submit an OCF-1 Application for Accident Benefits form and send it to your insurer.
Then, Toronto car accident lawyers at Verkhovets Law advise that you must see a health care provider and get an OCF-3 Disability Certificate and an OCF-18 Treatment and Assessment Plan submitted to your insurer indicating what kind of treatment you need.
If you qualify, there is also the OCF-2 Employer’s Confirmation Form that your employer fills out. Other forms that may apply include OCF-6 Expenses Claim Form.
Toronto car accident lawyers at Verkhovets Law note that accident benefits are there to cover some medical and rehabilitation costs not covered by the Ontario Health Insurance Plan (OHIP). There are limits, though, and it must be shown that the incurred expenses are due to those injuries from the specific accident. Housekeeping and home maintenance benefits provide up to $100 a week if you have suffered catastrophic injuries and is optional for those with lesser injuries.
The amount of medical/rehabilitation and attendant care benefits available is determined by the severity of an injury, explains a Toronto car accident lawyer at Verkhovets Law, with catastrophic injuries, such as paraplegia, brain damage, and other severe impairments providing the highest amount, up to $1 million for medical, rehabilitation and attendant care benefits. These limits do not apply to Income Replacement Benefits.
Learn more about our specialty, Toronto Brain Injury (TBI) Lawyers.
Toronto car accident lawyer outlines the types of car accidents
Unfortunately, we’re all too familiar with the reality that a car accident can happen anytime someone is behind the wheel. A Toronto car accident lawyer at Verkhovets Law notes that the type of accident can be relevant to a civil claim.
Why? A Toronto car accident lawyer says that’s because the extent of the injuries can be related to the type of accident, while fault could be attributed to certain kinds of crashes.
For example, a Toronto car accident lawyer at Verkhovets Law explains that a head-on collision is the least common type of accident, but most devastating for injuries and fatalities. Fault isn’t difficult to establish because it’s not hard to determine which driver was on the wrong side of the road.
Rear-end collisions have less dramatic injuries because they are usually at lower speed at impact, but are more common. The rear driver is typically found at fault, notes a Toronto car accident lawyer. A side impact, or T-bone accident injury, can cause severe car accident injuries and fault is clear as it means one vehicle didn’t yield or stop when required.
A Toronto car accident lawyer at Verkhovets Law warns that a highway car accident usually involves multiple vehicles and fault is difficult to determine, while a rollover is either the driver’s fault or a manufacturer’s defect and can have a myriad of injuries.
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Toronto car accident lawyer knows the types of injuries from a car accident
A Toronto car accident lawyer at Verkhovets Law understands that a car accident can result in a wide range of injuries from minor to catastrophic with a broad range of treatment from a Band-Aid to hospitalization, rehabilitation to major lifestyle changes like being permanently bedridden.
The list of potential injuries is vast, but there are some common ones that Toronto car accident lawyers at Verkhovets Law have seen. They include injuries to joints and ligaments, neck and back, concussions, soft tissue and musculoskeletal. Further, there can be whiplash, broken bones, cuts and lacerations, face and dental injuries, strains and sprains, traumatic brain injuries, loss of limbs, and spinal cord injuries.
Learn more about our specialty, Toronto Spinal Cord Injury Lawyers.
Call or email us now, and our Toronto car accident lawyers will start your claim
The Toronto car accident lawyers at Verkhovets Law know that navigating the insurance and legal systems in Ontario are challenging, especially in the aftermath of a car accident. Call or email us today. Let us help you with a successful claim to get the compensation you deserve.