Personal Injury Claims Require Legal Help
Pursuing a car accident personal injury claim on
your own is not your best move. There’s no way that a layperson can know the
full range of options available for redress under the Ontario Insurance Act or
through a personal negligence suit. Even worse, you may be temporarily
incapacitated by your injury and unable to begin the steps necessary to get the
benefits you’re due. The best thing you can do is to retain a lawyer.
A personal injury lawyer will quickly initiate a
number of actions on your behalf, including:
- Finding out
which insurance company is responsible for paying your accident benefits.
- Completing
your accident benefits forms (and, remember, these are time-sensitive)
- Press to
ensure your standard benefits are paid quickly
- Make a
determination as to whether or not further legal action is warranted
beyond your claim under the Insurance Act. This will include obtaining
police reports and interviewing witnesses
- If a tort
claim is possible, a lawyer will initiate proceedings for a lawsuit.
Again, there are limitation periods in play here.
- Pursue your
claim, either through the courts or a negotiated settlement.
Ontario’s No-Fault System, and Negligence Claims
Ontario has a no-fault insurance system, which
means that anyone who has a basic car insurance policy is eligible for standard
benefits arising from a claim. The definition of motor vehicle in the Act is
broad, essentially covering anything involving vehicles, including bicycles,
snowmobiles, bus accidents and hit and runs. It is even possible to make a
claim as a pedestrian.
The act sets out guidelines for compensation.
Although these would seem cut and dry, they aren’t. An experienced lawyer will
know the maximum benefits to which you are entitled under the Act. They can
include income replacement or supplements; compensation if you become a
"non-earner”; caregiver, medical and rehabilitation benefits; coverage for
clothing lost in the accident or educational expenses; and even coverage of
some funeral costs.
Tort claims are made against drivers (as opposed to
insurance companies under the Insurance Act). A claim is possible when there is
a need for further compensation and negligence on the part of the other driver
can be proven.
Personal Injury Cases Require Experienced Lawyers
Personal injury law is an area of industry and legal knowledge. in the same way as family law or real estate law. The lawyer who did such a
great job with your grandmother’s estate is not going to have the knowledge to
pursue your personal injury claim to its optimal conclusion.
Hire a firm experienced in personal injury law. This is
not an expensive proposition; many personal injury lawyers work on a
contingency basis. There should be no charge for the initial consultation.
Should the lawyer or firm agree to take on your case, they will negotiate a
percentage of the eventual settlement – called a contingency fee – and work
with you until then without incurring expenses. It is important to understand
that the lawyer you hire should be prepared to go to court on your behalf;
check out his or her trial credentials, including if they are a member of the Local Trial Lawyers Association, and are active and knowledgeable about car accident personal injury
claims in Toronto.