Ontario’s roadways are among the safest in North America; unfortunately, car accidents still happen. And if a car accident happens to you or a loved one, we know you will suddenly have a lot on your mind:
- What the prognosis for recovery?
- What kind of life-altering changes will this entail?
- Am I eligible for benefits to assist with my recovery?
- Who do I know that can help me make sense of everything the doctors and insurance companies are saying?
Whether you’re a driver, passenger, pedestrian or cyclist who has sustained an injury due to a car accident, or an immediate family member providing assistance and care for an injured person, it’s important to learn about your rights. At Howie, Sacks & Henry, our knowledgeable and reputable car accident lawyers are here to answer your questions about your eligibility for accident benefits and tort claim awards. Let us advocate on your behalf to make a successful claim so that you can focus on your recovery.
What Are My Rights If I Am Injured In A Car Accident?
If you are injured in a car accident in Ontario, you have two options for accessing the funds needed to help you in your recovery: accident benefits and tort claims.
Accident Benefit Claims
No-fault accident benefits (also known as a first-party claim) may be available to you regardless of who is at fault in a car accident. These benefits are obtained through your own insurance provider and mandated through Ontario’s Statutory Accident Benefits Schedule, 2016. Some of the benefits include:
- Medical, rehabilitation, and attendant care
- Income replacement
- Housekeeping and home maintenance
- Caregiver
- Non-earner
- Cost of examinations
The maximum eligible car accident benefits can be found by reading our summary of Ontario’s Statutory Accident Benefits Schedule (2016).
Tort Claims
Claims against at-fault drivers or tort claims (also known as third-party claims) may provide further compensation for pain and suffering, loss of enjoyment of life, lost wages, future income loss, future medical expenses and other out of pocket expenses. These awards are obtained from the insurance provider of the driver who caused the car accident through a lawsuit.
Our firm has a network of medical, rehabilitation, present and future care specialists, and specialized accountants to calculate your present and future needs, so we can fully evaluate your claim(s).
Concentrate on your recovery: we’ll handle your claim
Car accidents are a destabilizing moment in the life of a driver, passenger, pedestrian and/or cyclist. Navigating the path to recovery can be confusing as it requires learning about the insurance system and how to tap into accident benefits, and also contending with the complexities insurance law. For individuals who are seriously or catastrophically injured, care is often delegated to loved ones who must take on this role while also caring for a car accident victim.
Our car accident lawyers can help answer questions you may have following a car accident and guide you through the complex legal system.
A reputation you can trust
With offices in Toronto, Markham, Brampton, Kitchener, Georgetown, and Bobcaygeon, we handle car accident benefit and tort claims throughout Ontario and are well-known for our trial record.
When insurance representatives and defence counsel see one of our car accident lawyers on a case, they know we are not afraid to take the case to trial if they don’t provide an acceptable settlement offer. Our reputation allows us stronger bargaining power on your behalf.
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Frequently Asked Question Videos
Frequently Asked Questions
Accident benefits
How do I access no-fault accident benefits after a car accident?
Within seven days of a car accident (or as soon after this period as you are capable) you must notify your insurance company that you want to apply for benefits. Your insurance company must give you application forms and you must file the completed forms with them within 30 days of receiving them.
Is anyone else able to claim no-fault accident benefits?
Yes. An immediate family member (not involved in the accident) may also be entitled to benefits if they sustain a psychological or mental injury as a result of the car accident.
How do I access no-fault accident benefits after a car accident?
Within seven days of a car accident (or as soon after this period as you are capable) you must notify your insurance company that you want to apply for benefits. Your insurance company must give you application forms and you must file the completed forms with them within 30 days of receiving them.
Torts
Can I sue for pain and suffering as a result of a car accident?
If your injury meets the “threshold” of seriousness set out by the Insurance Act, you may be able to sue for pain and suffering. To meet the threshold, your injury must result in a:
- permanent or serious impairment of an important physical, mental, or psychological function; or
- permanent serious disfigurement (e.g. scarring).
Damages for these types of injuries are subject to a deductible.
If a member of my family is injured or dies as the result of a car accident, do I have the right to sue?
Yes. Family members can receive damages for loss of care, guidance and companionship that are not subject to a deductible.
If I lose income as the result of the car accident, can I sue?
Yes. Although you cannot claim for an loss of income during the first seven days following the car accident, you can sue for income lost after that period if you are eligible. Any award you receive will be reduced by the amount you have already received in Income Replacement Benefits under the Statutory Accident Benefits Schedule.
What kinds of health care expenses can I claim in a lawsuit against an at-fault driver in a car accident?
Health care expenses not covered by some other source or plan can be claimed if your injuries pass the threshold.
From Our Blog
Demystifying the complex and sometimes overwhelming world of personal injury law.
Among the best in Canada
Since 2011, our peers have consistently voted for us as one of Canada’s top personal injury firms in Canadian Lawyer magazine’s annual rankings of the top personal injury boutiques in Canada. With decades of experience helping accident victims and their families, our firm understands the laws that affect your right to compensation because we’ve helped shape those laws in favour of accident victims.
Among the best in Canada
Since 2011 Canadian Lawyer Magazine rated us one of the top personal injury law firms in Canada. Why? With close to 20 years helping accident victims and their families, our firm understands the laws that affect your rights to compensation because we’ve helped shape those laws in favour of accident victims.