Car Accident Settlement Benefits are Wide-ranging!

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Car Accident Settlement Benefits as Outlined in The Insurance Act


Who is Eligible for Benefits?

In Ontario, any person injured in a motor vehicle collision, or relatives or dependents of the same, may be eligible for benefits in a car accident settlement. The province’s standard accident benefits are prescribed under Ontario’s Insurance Act. They are wide-ranging and cover a number of scenarios. The most important is perhaps Income Replacement Benefits, which will partially compensate for lost income due to injuries. A Non-Earner Benefit can kick in if you are completely unable to carry out normal activities. There are medical and rehabilitation benefits, attendant care benefits, and coverage for a variety of other expenses.
There are some exceptions, however. For example, you may not be eligible to receive benefits if you were driving without a valid driver’s license, or driving while impaired. If you were using your vehicle in connection with a criminal activity or driving when you knew you didn’t have valid insurance, you will also lose the right to coverage.
You actions in the immediate aftermath of your accident are crucial. You must inform your insurance company that you wish to apply for benefits within seven days of the collision. The actual application for benefits itself must go back to the insurer within thirty days of receiving the application forms.
Although the process seems cut and dry, the extent to which you are eligible for benefits is not. In particular, if long-term disability claims are made, it is wise to get the assistance of a personal injury lawyer.

Brain Injury Claims Require Legal Experience

Brain injuries are very common in car accidents. Unfortunately, for the victim, brain injuries manifest themselves in a variety of ways and the causal link to the accident may not be immediately evident. Symptoms as diverse as insomnia, mood swings, poor concentration and social withdrawal can all result from an accident-induced brain injury – and some can take years to develop.
In these cases, the assistance of a lawyer in getting both the benefits due under the Insurance Act, and through (if possible) additional tort liability suit is essential. But you need a lawyer who understands the scope and legal ramifications of brain injuries; look for one who is a member of the Ontario Brain Injury Association.

Making a Tort Claim

If there is a legal case to be made that there was negligence on the part of the party who caused your injury, a personal injury lawyer will assemble the necessary evidence. This includes accessing police records and interviewing witnesses. Crucial to the process – again - is adherence to various limitation periods in filing the claim. Generally, if you are suing the other party for damages, the claim must be commenced within 120 days of the discovery of your injury. But some claims must proceed faster than that. For example, if you are injured by a vehicle owned and operated by a municipality, you will have to file a claim almost immediately.
Your car accident settlement process can be as varied as the incidents that give rise to injuries. The one constant throughout is to get a lawyer, and quickly. 

Get Help with Your Disability Benefits

When it comes to obtaining a car accident settlement, disability benefits can be one of the more challenging tasks, especially if you do not have an experienced lawyer helping you through the process. Sokoloff Lawyers are committed to providing assertive representation for their clients. Sokoloff Lawyers is a well-recognized personal law firm in Toronto that is led by a highly skilled and experienced legal team.


The application process for disability benefits is complicated and there are specific criteria for eligibility for these benefits. The disability benefit filing process can be quite difficult, with many eligible policy holders being rejected on their initial request. Unfortunately, this discourages many individuals who are genuinely eligible to receive disability benefits and prevents them from obtaining the assistance they need. If you or someone you love has had a benefits application rejected, a personal injury lawyer will assist you in the process of obtaining disability benefits. As with any insurance claim, you need legal representation to obtain the full value of the benefits you are entitled to. If you are uncertain if you qualify for the types of payments that may be available for an injury from a car accident that prevents you from working, contact the experienced team at Sokoloff Lawyers to schedule an initial consultation. 

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