Compensation Entitlement When You’re Injured in A Car Accident
Car Accident Compensation
If you’re injured after a car accident, you should consult with a lawyer to find out more about your legal options. A personal injury lawyer can help you with your accident benefits claim and a personal injury (tort) claim. You will want the best legal representation possible to represent you as injuries from an accident can be severe and result in a lifetime of pain and suffering.
Accident Benefits Claim
As a driver, passenger or pedestrian, you are protected by mandatory automobile insurance. Because of how the no-fault insurance in Ontario works, you will need to contact your own automobile insurance for accident benefits if you are injured, regardless of who is at fault for the accident. If you are not insured, then the other party’s insurance is required to provide accident benefits to you.
The accident benefits you are entitled to will depending on the unique circumstances of injuries. The following types of benefits are available where applicable:
- Income replacement benefits
- Caregiver benefits
- Non-earner benefits
- Lost educational expenses
- Medical and rehabilitation benefits
- Housekeeping and home maintenance benefits
- Home and vehicle modifications
- Attendant care benefits
- Funeral expenses and death benefits
- Other benefits such as expenses related to damaged clothing, eyeglasses or other medical aids, visitor expenses and case manager services
A car accident lawyer can help you with the claims process, which can be overwhelming, especially if you are already coping with injuries sustained from the accident. Your lawyer will seek all the benefits you are entitled to, which insurance adjusters are not obliged to ensure you understand.
Personal Injury (Tort) Claim
If you were injured and are not at fault for the accident (or at least not entirely at fault), you can start a personal injury (tort) claim against the party who is at fault and their insurance provider. A Tamming Law injury lawyer in Owen Sound, Port Elgin or Collingwood can help you put forward this tort claim.
Keep in mind that determining fault is not always straightforward. Sometimes both parties are partially at fault for a car accident and share liability for the accident. Also, charges from the police don’t necessary lead to fault as fault is decided not by police but by the two insurance companies, in accordance with the fault determination rules. Sometimes even a driver who has been charged with an offence under the Highway Traffic Act can still bring a tort claim, so it is important to contact a lawyer who can advise you on your specific case. As mentioned, you can still bring a tort claim if you are partially at fault, unless you are 100% at-fault for the accident.
To make a tort claim from the motor vehicle accident you must meet the “threshold”. The threshold requires that the injured person has experienced: (1) permanent and serious disfigurement or (2) permanent and serious impairment of an important physical, mental or psychological function or (3) death. Consult a Tamming Law lawyer today to find out if your accident meets the requirements.
A tort claim can entail compensation for uncovered medical expenses, housekeeping, lost income, and loss of future income, including loss of your competitive advantage, and pain and suffering. The largest component of a tort claim is often for general damages of pain and suffering.
Efficient Lawyers at Tamming Law
At Tamming Law, our car accident lawyers in Owen Sound, Collingwood, and Port Elgin are highly skilled and proficient at handling legal claims. We work to ensure that the most compensation possible is obtained for you from all the available sources of recovery.
A free initial consultation is available to you with a car accident lawyer from Owen Sound, Port Elgin or Collingwood. At Tamming Law, our lawyers can help you with an accident benefits claim and a tort claim to ensure you receive your entitlements under the law. You can provide your information in the online fields provided so we can contact you when it’s convenient for you. Or, you can get in touch with us right away by calling 1-888-945-5783.