Frequently Asked Questions
- Making A Claim
- Can I make a personal injury claim?
- How much is my claim worth?
- What compensation will I recover?
- Will a claim affect my insurance rates?
- How long will it take?
- Situational Concerns
Making a Claim
Q. Can I make a personal injury claim?
You can make a claim for personal injury compensation if you've suffered from an injury caused by someone else’s negligence.
It is commonly thought that personal injury compensation can only be recovered when you have been in an automobile collision. This is not true. Other incidents covered in the domain of personal injury are:
- Slip and fall injuries
- Injury resulting from a dangerous place or activity
- Injury resulting from an unsafe product
- Animal attacks
- Assault
- Boat accidents
- Snowmobile collisions
You can make a claim even if you are partly responsible for your injury. If that is the case, the law allows you to recover compensation calculated according to the other person's degree of fault. Your right to accident benefits would not be affected.
Regardless of who was responsible, if your injuries were a result of an automobile accident, benefits can be recovered from your own insurance company. You are entitled to benefits under the No-Fault Accident Benefit system. Benefits are provided by your insurer to pay for your loss of income, housekeeping expenses, care giving benefits, non-earner benefits, etc. Even If you do not have auto insurance, it is still possible to collect these benefits.
We would be pleased to review the circumstances surrounding your injury with you.
Q. How much is my claim worth?
In respect to personal injury claims, Ontario courts award damages based on the principle of loss. Those who suffer more significant losses are awarded greater compensation. In severe and serious cases the Ontario courts have awarded general damages well over $300,000.00. Contact us so we can help you recover the compensation you deserve.
Q. What compensation will I recover?
In personal injury claims, Ontario Courts award compensation for damages based on key factors such as: loss of enjoyment of life (pain and suffering), loss of earning capacity, and future care costs.
While there is no set amount that can compensate for the inability to walk without pain, play sports, and socialize with family and friends; the Courts consider these factors when awarding damages.
Loss of earning capacity focuses on the actual loss of income as well as loss of future income. When injured, time to recover is primary and it is not always possible to return to work. Perhaps your injury affects your ability once you've returned to work and you can no longer perform functions as painlessly as you did pre-accident. These are factors the Court considers when awarding damages.
Lastly, the courts compensate the injured party based on care costs they will or are likely to incur in the future. This includes costs for rehabilitation - physiotherapists, psychiatrists, and medications. Wheelchairs and the costs of aides/attendants to assist with tasks normally done around the home (had the injury not occurred) garner greater compensation.
Family members are also entitled to compensation based on the family member's loss of their relationship with the injured.
Q. Will a claim affect my insurance rates?
Each insurance company and policy is different. You should consult your insurance adjuster to find out how their rates may be affected.
Q. How long will it take?
Most cases settle before trial and generally take anywhere from 1 to 2 years. However, each case is unique and the amount of time it will take depends on many factors. We will gladly discuss this with you at your consultation.
Situational Concerns
Q. My insurance company has contacted me. What should I do?
If you have been involved in a collision and have suffered an injury, you are obligated to notify your insurer.
It is important that you have a personal injury lawyer explain your rights and the processes to you before you meet with the insurance adjuster. While you are required to provide your insurer with the information they require, you are not required to speak with anyone representing the other party. You should refer any communications to us. We will deal with the insurer on your behalf and assist you with completing the necessary forms to receive benefits.
Q. What if I was driving my car without auto insurance?
If you were knowingly driving your car without car insurance, you cannot pursue a claim. You do, however, remain entitled to claim medical, rehabilitation and attendant care benefits.
Q. What if the other driver had no insurance?
In the province of Ontario, people hurt by uninsured motorists can have their own insurance company pay compensation.
Q. What do I bring to my free consultation?
The more information we have, the faster and more aggressively we can work to settle your case. Our experienced staff will advise you beforehand on what additional documents we require, but be sure to bring your Driver's License, Proof of Insurance, OHIP Number, and Social Insurance Number. You should also bring any other information provided to you by the police or your insurance company such as Motor Vehicle Accident Reports