Potential Claims a Motor Vehicle Accident Claim Lawyer Can Advise On

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.