After a motor vehicle accident, you likely have many questions, especially if it's your first time dealing with such a situation. We've provided answers to some of our most frequently asked questions below. Nevertheless, one of our knowledgeable car accident lawyers Toronto can address any other inquiries you might have if you give us a call.
What Kind of Compensation Can I Receive?
Following a car accident, you are likely grappling with various
losses, whether physical, emotional, or financial. When you pursue a personal
injury lawsuit, you have the opportunity to receive compensation to alleviate
the financial burdens on you and your loved ones. This compensation can
encompass immediate and long-term losses that may affect your financial
stability for years to come. Some of the common forms of compensation individuals
receive include:
• Compensation for pain and suffering
• Mental anguish
• Medical bills
• Rehabilitation or therapy costs
• Property damage
• Loss of income or working capacity
• Long-term care
Depending on the circumstances of your accident, you may be
entitled to any or all of these forms of compensation. A skilled car accident lawyer Toronto can guide
you in understanding and determining the compensation you qualify for to
provide the financial assistance you need.
Why Should I Hire a Lawyer?
When you're dealing with a severe injury, taking the necessary
time to rest and recover is essential. This can be nearly impossible if you're
trying to manage the aftermath of your accident on your own. Figuring out the
right steps to take post-accident can be complex, especially if you decide to
pursue legal action. A lawyer possesses the expertise and skills needed to make
this intricate process more manageable, allowing you to focus on your recovery.
Additionally, when filing a lawsuit, it's crucial to adhere to all necessary
regulations and requirements. Failing to do so, even with a valid case, can
lead to dismissal due to an error or technicality. Car accident lawyer Toronto s can also assume the responsibility of
hiring and compensating expert witnesses, who play a vital role in many car
accident cases. An experienced car accident lawyer Toronto comprehends all the elements required to build a
strong case in your favor. Even if you believe you can handle your case
independently, hiring a lawyer will increase your chances of receiving the
compensation you need.
Why should I choose a car accident lawyer Toronto?
Our legal team boasts over 15 years of experience in personal
injury law and possesses the knowledge and skills necessary to secure a
favorable outcome for your case. We provide personalized attention to each
client's case to grasp the specifics of your accident and your unique needs. We
understand that this is a challenging and bewildering time, and you need a
dedicated advocate to work with you throughout the process. That's why we stand
ready to assist you at any point after your accident, whether it's providing
information about your rights, assisting with insurance matters and finances,
or preparing a robust lawsuit. Our aim is to protect you from significant
financial burdens resulting from your accident.
The Right to Sue
Pain and Suffering (General Damages) and Family Members
If you've sustained serious injuries, you have the right to sue
the at-fault party for pain and suffering. New legislation dictates that any
compensation you receive for pain and suffering is subject to a $37,385.17
deductible by the insurance company. It's crucial to remember that any court
action must be initiated within 2 years from the accident date, though this is
subject to a discoverability rule. To sue for pain and suffering and healthcare
expenses, the injury must result in death, permanent serious disfigurement, or
permanent serious impairment of a significant physical, mental, or
psychological function. Additionally, family members can sue for the loss of
companionship, care, and guidance they've experienced due to injuries under the
Family Law Act. These claims are subject to an $18,692.59 deductible, with an
exception for Family Law Act claims related to fatal incidents.
Economic Losses
Recovering lost income and loss of earning capacity is limited to
70 percent of your gross income loss, beginning 7 days after the accident until
the trial. After the trial date, recovery will be based on 100 percent of your
gross income loss and loss of earning capacity. Amounts received from other
sources, such as workplace disability plans, will be deducted from any awards
or settlements.
Procedural Steps You Must Follow
You (the plaintiff) must notify your insurer of the accident and
apply for accident benefits within 7 days of the accident, or as soon as
practical.
If you don't have your insurance, you may be entitled to claim
benefits from one of the insurance companies covering vehicles involved in the
accident.
You must also notify the person being sued (the defendant) and
their insurance company within 120 days of the accident that you intend to
initiate a lawsuit against the defendant. You'll need to send a letter stating
the accident date, time, place, and a brief description of your injuries, along
with expressing your intent to reserve the right to pursue a claim in the
future.
Disclaimer: This article is intended to provide general
information to the public. We make every effort to ensure the accuracy of this information.
However, as laws change rapidly, readers should always verify the accuracy and
applicability of such information to their specific case. The information in
this article cannot replace a thorough review of the reader's situation by
competent legal counsel who has had an opportunity to examine all the facts.