Potential
Claims a Motor Vehicle Accident Claim Lawyer Can Advise On
If you are injured in an accident involving
a motor vehicle, you are entitled to apply for medical, economic and other
benefits. It does not matter who is at fault for the accident. The area of law
regarding accident benefit claims is complex. It is vital that you select an
experienced motor vehicle accident claim lawyer when navigating Ontario
Accident Benefit claims.
You have two potential claims if you have
sustained injuries in a motor vehicle accident. Your motor vehicle accident
claim lawyer will talk to you about the Accident Benefits claim against your
own insurance company, and the tort claim against the at-fault driver.
Statutory Accident Benefits Claim
Statutory Accident benefits provide
compensation, regardless of fault, if you or your passengers suffer injury in a
motor vehicle accident. In order for your insurance company to assess your need
for a certain benefit, they will ask you to provide them with information
describing the injuries you have sustained as a result of
the vehicle accident. Your motor vehicle accident lawyer will assist you in the
process of claiming for your injuries. Here is a brief description of some of
the types of benefits for which you may be eligible.
Income
Replacement Benefit: If you are eligible, this
weekly benefit will partially compensate you for the loss of your income if you
are not able to work because of injuries related to the accident.
Non-Earner
Benefit: if you were not employed at the time of
the accident, this benefit would compensate you six months after your complete
inability to carry on your normal activities.
Caregiver
Benefit: This benefit will reimburse you for
expenses you have incurred if you cannot continue as the main caregiver for a
member of your household who is under 16, or who is over 16 and suffers from a
disability.
Attendant
Care Benefit: This benefit will pay reasonable and
necessary expenses for an aide or attendant that you require as a result of the
accident.
Other
Expenses Benefit: You may be eligible for other
expenses such as reasonable cost of housekeeping and home maintenance, lost
educational expenses and expenses of visitors.
Tort Claim
While every individual who is injured in a
motor vehicle accident in Ontario is eligible for an Accident Benefits claim,
not everyone will have a tort claim. The system in Ontario is intended to limit
tort actions to more serious claims. In addition to the benefits available
through provincial Statutory Accident Benefits, you have the right to sue the
driver and vehicle owners responsible for your accident. Injury victims can
claim compensation from the party at fault on the basis of negligence. A tort
claim can provide compensation for additional income losses not covered by
accident benefits, such as medical expenses, rehabilitation expenses, out of
pocket expenses, pain and suffering damages, and more.
Injury cases require special attention. An
experienced motor
vehicle accident claim lawyer knows what to look for and how to establish a
clear and compelling case in order to ensure that you are properly compensated
if you have been injured in a motor vehicle accident.