Understanding Auto Accident Settlements
If you have been involved in an
auto accident, there is a good chance that you will qualify for an auto
accident settlement. This is true even
if you are deemed to be at fault for the accident.
It is always advisable to consult
a reputable personal injury lawyer as soon as possible after an accident to
discuss the situation and to see if you are eligible to submit a claim for an
auto accident settlement. A reputable and respected personal injury law firm
will have lawyers with many years of experience dealing with every kind of auto
accident settlement. The top personal injury lawyers will provide a free
consultation to accident victims in order to discuss the situation and advise
of any actions that are available.
In Ontario, there are two
options for pursuing an auto accident settlement. These options are:
- Accident Benefits (as a result of no-fault
insurance)
- Tort Claims
In the event that either of these options is pursued, time
is an important factor. There are time limits in place that restrict the amount
of time you have to file a tort claim after being injured in an accident. If
you have been injured, you should seek medical attention and consult with a
personal injury lawyer as soon as you feel well enough to do so.
Accident Benefit Claims
Ontario has laws governing
no-fault insurance. This means that the initial auto accident settlement will
be negotiated with your own insurance company regardless of who caused the
accident. A claim for accident benefits must be submitted to your insurance company
for the following benefits to be given:
- Income replacement or non-earner benefits
- Caregiver benefits
- Medical expenses and any rehabilitation costs
- Any housekeeping expenses or home maintenance
costs
- Death and funeral expenses in the case of a fatality
- Other expenses such as travel
The insurance company will send an insurance adjuster to
determine the extent of the accident and the injuries that have been sustained.
You should never speak to an insurance adjuster without first consulting with a
personal injury lawyer and becoming familiar with your rights.
Tort Claims
A tort claim is legal action
against a negligent driver for the purpose of recovering damages over and above
those covered by accident benefits. Tort claim settlements often include
compensation for pain and suffering, as well as lost wages (both future and
past) for injuries that prevent you from working.
A tort claim is usually settled
in a timely manner outside of court, but in some instances, it may be necessary
to take the case to court. It is important that you choose an auto accident
injury lawyer with a proven history of successful settlement negotiation as
well as a solid track record in court. A law firm that is a member of a
respected legal organization such as the
Toronto Lawyers Association or
the Canadian Bar Association is a good place to start.
There are a large number of
personal injury lawyers who provide legal services in Toronto. You should
choose a lawyer who is professional, empathetic and experienced. Get a second
opinion if you have consulted a lawyer already and you are uncomfortable for
any reason.
Speak to a reputable personal injury lawyer and begin the
process of successfully negotiating your auto accident settlement today.