Motor Vehicle Accident Litigation
If you are involved in a motor vehicle accident and are injured, our team at Pretsell Davies Thompson Benton LLP will provide you with an immediate FREE CONSULTATION and fight for you to receive fair compensation.
Motor vehicle accidents in Ontario are very serious, yet quite confusing, matters to handle.
Essentially, there are two possible ways to claim compensation:
- You may be entitled to recover certain benefits called no-fault accident benefits, no matter who is at fault for the accident.
- You may also be entitled to recover an award of damages if another person is at fault or if you are only partly at fault for the accident. This is called a Tort Claim and is a started by way of lawsuit.
No-Fault Accident Benefits
Every automobile insurance policy in Ontario contains mandatory Accident Benefits coverage. A list of available benefits is set out in the Statutory Accident Benefits Schedule (SABS).
If you are injured in an accident, you must notify your insurance company within 7 days, or as soon after as is reasonable considering your injury, that you wish to apply for no-fault accident benefits. The insurance company must then promptly give you application forms for no-fault accident benefits. You must file the completed application forms with your insurance company within 30 days after receiving them unless you have a reasonable explanation for the delay.
The insurer will determine that your injuries fall into one of the following categories:
- Minor Injury;
- Non-catastrophic; or
What Does Your No-Fault Coverage Include?
- Medical and Rehabilitation Benefits
- Attendant Care Benefits
- Income Replacement Benefits
- Non-Earner Benefits
- Caregiver Benefits
- Death and Funeral Benefits
- Other Benefits such as compensation for lost/damaged items etc.
Your accident benefits insurer will assess whether you qualify for any of the above benefits based on the completed application forms. These forms include Accident Benefits Application, Employer’s Confirmation of Income, Disability Certificate, Permission to Disclose Health Information and so on. These forms can be confusing and time consuming, however are necessary. Our team at Pretsell Davies Thompson Benton LLP is here to assist you in making the process easier. If any of these forms are complicated or confusing in any way, please contact us. Our lawyers have extensive experience in this area. We typically take these matters on a contingency basis and are more than happy to discuss the particulars of how that process works.
Claims Against At-Fault Drivers – Tort Claims
In Ontario, if you are injured in a collision and another person is at fault or partially at fault, you may be able to sue by starting a lawsuit in court, subject to certain conditions, for losses you have suffered including:
- Pain, suffering, loss of enjoyment of life
- Loss of income
- Health care expenses
- Family Law Act damages
- Other quantified losses
Tort claims arising for motor vehicle collision are also very complex, depending on the severity of your injuries. To sue for pain and suffering you must prove that the injury you have sustained meets the “threshold” pursuant to the Insurance Act, and if you meet the threshold, your award will be reduced by a statutory deductible of $39,556.53 for damages awarded in 2020. If however your injuries are more severe, the deductible may not apply.
As you can see, motor vehicle litigation is very complex and it is critical that you retain a qualified personal injury lawyer. The benefits of having a knowledgeable and experienced lawyer walk you through legal processes are immense. You can rest assured that your case is being handled by our qualified litigation lawyers with your best interest and benefit as our priority.
When Must a Lawsuit Be Started?
As a general rule, a lawsuit against an at-fault party (called a Statement of Claim) must be issued in court within two years of the date of the accident.
Let Our Lawyers Fight For You
Our personal injury lawyers at Pretsell Davies Thompson Benton LLP will assess your case FREE OF CHARGE and, if retained, will proceed on a contingency basis. You will not pay any legal fees to us unless we recover money for you.
Our team at Pretsell Davies Thomas Benton LLP is continually providing our clients with the most practical and cost-effective legal solutions. As a full service law firm, providing the best legal expertise and representation to a diverse client base in Eastern Ontario, we strive to meet and exceed the expectations of each of our clients.
If you have been involved in a serious motor accident recently, and are in need of a specialized law firm that deals specifically with motor vehicle accidents, give us a call! 613.967.9930 in Belleville and 613.476.9127 in Picton for a FREE CONSULTATION at Pretsell Davies Thomas Benton LLP in Belleville and Picton.