Hiring an experienced personal injury lawyer can help you understand the process for claiming compensation when you have been injured in a car accident.
If you are in a motor vehicle accident in Ontario there are two types of claims, you can file for compensation. If you were not at fault for the accident you can file a tort claim in court for monetary compensation. Any party, including the at fault party can file an accident benefit claim for coverage of medical expenses, assistance paying for a funeral, caregiver costs, etc. The innocent party can file both a tort claim and an accident benefits claim. By becoming familiar with the two types of motor vehicle accident claims, you will be better prepared to understand your rights should you ever be injured in a collision.
Accident Benefits claims are against your own car insurance provider. There are a number of different types of benefits that Accident Benefits can cover. The first and often largest benefit type, are Income replacement benefits or non-earner benefits. These can be claimed if your injuries leave you unable to work. Income replacement benefits are a maximum of $400 per week and non-earner benefits are a maximum of $185 per week for up to two years. You can also claim for attendant care benefits (such as if you need a home care nurse), for general medical expenses (such as prescriptions),as well as for Medical rehabilitation benefits (such as to cover physiotherapy or massage treatments).
Depending on how your injury is classified, you may be entitled to more compensation, those deemed to have suffered a catastrophic injury may be entitled to additional benefits.
If you disagree with your insurance company on what or how much should be covered you can apply to the Licensing Appeals Tribunal. A personal injury lawyer can be of assistance early on to help you decide when the apply to the Licensing Appeals Tribunal.
A tort claim is a claim in court against the at fault driver. You can claim 70% of past income lost as well as 100% of all future earnings lost (this will be estimated based on your current and future earning potential, amounts can vary greatly from person to person). You can also claim for any future care costs above what is covered in Accident Benefits. You can also claim for pain and suffering. Pain and suffering is the extent to which you suffered or experienced pain because of the driver’s negligence. It can sometimes be hard to quantify pain and suffering, medical evidence and/or in person testimony can be used to help prove pain and suffering.
Mehdi Au LLP have experienced personal injury lawyers working in Markham who could assist you with your claim.
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