You should speak with a lawyer that has experience in car accident injury claims.
You May Be Entitled to Make Two Claims in the Accident was Not Your Fault
In Ontario, when you are injured in a motor vehicle accident that was not your fault, you may be entitled to advance two claims. That is, you will be able to advance a Statutory Accident Benefits claim for benefits from the auto insurance company, as well as a third party claim, sometimes referred to as a tort claim. Although there is some overlap between the two claim, they are different claims that provide different areas of compensation. An experienced car accident injury lawyer will help you to navigate and coordinate the claims process to help maximize your recovery.
A Lawyer Will Hep You Recover No-Fault Statutory Accident Benefits after a Car Accident that wasn't Your Fault
As a car crash victim, Ontario’s auto No-Fault insurance known as Statutory Accident Benefits, allows all victims to recover certain benefits from their insurance policy without regard to fault. That means, even if you caused the accident, you have the right to claim Statutory Accident Benefits. These benefits provide coverage for losses incurred such as medical bills and expenses for your injuries, lost wages, and attendant care services at home.
The amount of coverage available to you will depend on the nature and severity of the injuries from you experienced from the car accident. Some pre-existing conditions can also result in increased coverage.
There are important time frames and deadlines for applying for No-Fault Statutory Accident Benefits in Ontario, so you should not delay in speaking with a lawyer.
A Lawyer Will Help You Get Compensation for Your Pain and Suffering after a Car Accident in Ontario that was Not Your Fault
Unlike the No-Fault benefits, in order to recover money for your pain and suffering after a car accident, you must be able to establish that the other driver was at fault. This is usually obvious in a rear end car crash or where a vehicle runs a red light or fails to stop for a stop sign. Also in pedestrian accident cases, there is a presumption that the car or truck is at fault for hitting the pedestrian. Some cases are more challenging in proving fault, so again it is important to speak with a lawyer as soon as possible so that all the evidence can be gathered and preserved.
Claims for this type of compensation are called third party claims or tort claims. These are civil claims against the at-fault party, and there are many rules and legal requirements that must first be met for any pain and suffering claim to be successful in an Ontario car accident. In Ontario, in order for a car crash victim to recover money for pain and suffering, he or she must establish a permanent and serious impairment. A experienced car accident injury lawyer can help you prove that the car accident resulted in a compensable pain and suffering claim.
In addition to money for your pain and suffering, you may also be entitled to recover compensation for excess medical expenses and lost income after an automobile crash. An experienced Ontario lawyer can help you recover the full settlement value of your injury claim after a Ontario car accident that wasn’t your fault.
Need Help After a Car Accident - Call the Lawyers at Iacobelli Law Firm for a Free Consultation
If you have been injured in a car accident that wasn’t your fault and would like to speak with an experienced lawyer, call toll free anytime 24/7 at (866) 234-6093 for a free consultation with one of our lawyers, or you can request a Free Consultation by filling out our online contact form here.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".