Toronto Personal Injury Lawer Blog - Findlay Law

Ontario has a no-fault system of accident benefits. So if you are partly responsible for the accident, you may still receive compensation. You would receive it from your own insurance company after filling out the form Application for Accident Benefits. It is best to do that as soon as possible after the accident.

Typical Accident Benefits

• Medical costs
• Rehabilitation expenses
• Cost of a caregiver if you need one
• Income replacement
• Housekeeping expenses

The Statute which governs benefit amounts is the Statutory Accident Benefits Schedule, which became effective on November 1, 1996. It lays out eligibility criteria, timeframes, procedures, penalties, and paperwork requirements. It is complex and most people seek legal assistance after being severely injured in an auto accident.

Lawsuits
If you were injured and were not responsible for the accident, you may sue the party who was responsible. The time limit for filing that tort action is two years. The two principal damages you can claim in a lawsuit are:

• Pain and suffering - which refers to both physical and psychological injuries. The law requires that these injuries be serious and permanent. There is a $30,000 deductible for claims less than $100,000. So that would mean that compensation granted to you of, for example, $50,000 would actually only be $20,000. The defendant's insurance would pay that amount to you.
• Loss of income - if you are too injured to work, you would be entitled to receive 80% of your net pay during the period up to the date of trial. After the trial you could receive 100% of the gross income you have lost.

Be prepared for the long process of a lawsuit. It typically takes about three years before any settlement is reached. An accurate prognosis must be obtained from a physician as to your possible recovery from your injuries. If it were determined that you're likely to recover and return to work, you'd be entitled to no compensation. However, the up side is that if you are permanently injured and cannot return to work, you will be paid interest on the amount owing to you.

If you have been severely injured in a car accident and would like to know more about your legal rights and options, please call or email our office. We will be glad to schedule a free consultation for you.