A 2007 investigation by the Toronto Star revealed driving on a 32-kilometre section of Highway 401 between Whites Road in Pickering and Courtice Road in Courtice raises your chances of being in a car accident more than any other highway in Ontario. This stretch of highway runs through Oshawa, and the Ontario Provincial Police designate it as the second deadliest segment of highway in the province.
If you suffered serious injuries in a car accident, you are entitled to Accident Benefits through your own insurance company. If another driver was at fault for the accident, a third-party claim or tort claim could bring additional compensation. An Oshawa car accident lawyer can help you pursue a car accident claim so you can focus on recovering from your injuries. A experienced lawyer can fight for your rights to compensation.
Our car accident lawyers can meet with you in Oshawa for a free initial consultation. Call (416) 364-2000
Medical Assistance
The insurance company will base the amount of someone’s settlement on the seriousness of their injuries. Therefore, it is in their best interest to seek medical attention as soon as possible after the accident or follow their doctor’s treatment plan. By not obtaining treatment, they convey to the insurance company that their injuries are not worth pursuing. Additionally, when they choose not to comply with their doctor’s orders, they may be accused of making their condition worse.
Oshawa Car Accidents Lawyer Near Me (416) 364-2000
Dealing with Insurance Companies
One of the ways insurance companies get away with settling accident claims for little or no money is by getting injured parties to sign forms they do not completely understand. A lot of times, these forms allow insurance companies to obtain records that date back farther back then is appropriate which may reveal conditions and pre-existing injuries which will serve to undermine someone’s claim. The insurance company may also try to have them sign a full and final release.
Though it may be tempting for someone to settle their claim quickly, especially during financial hardship, it is more than likely the insurance company’s offer does not include the full scope of their damages. Once someone signs a full and final release, they give up their rights forever no matter what happens in the future. For this reason, it is suggested to meet with an Oshawa car accident attorney to review before signing any insurance documents.
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Denying Statements
It is common practice for the insurance adjuster to request a recorded statement from someone about the accident and their injuries. While the insurance company is well within its right to record their statement, an Oshawa car accident lawyer will urge their client to speak with them first.
Many accident victims unknowingly say things during these recorded statements that can damage their ability to recover maximum compensation for their injuries and other losses. If the insurance company asks them for a statement, they should talk to their lawyer first.
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Negligence
Irrespective of fault, under Ontario’s insurance laws, someone’s standard policy covers any car accident through their Accident Benefits. These benefits cover, depending on severity, the following:
- Medical bills
- Lost wages (up to $400 per week)
- Non-Earner Benefit (for those who were not working)
- Rehabilitation costs
- Attendant Care Costs
- Funeral expenses
- Lost educational expenses
When filing their claim for Accident Benefits, someone must prove that they have sustained injuries because of the car accident. To do this, they are required to have a disability certificate completed and they must furnish to the insurer medical information. If they are seeking an income replacement benefit, an Employer’s Confirmation of Income Form will need to be completed.
Determining Fault
In another driver’s negligence caused the car accident, a person is entitled to file a tort claim for their damages. Every driver in Ontario must carry at least $200,000 in third-party liability coverage. This coverage will compensate them for additional damages such as:
- Pain and suffering
- Past and future loss of income
- Future medical and rehabilitation costs
- Loss of Housekeeping and Home Maintenance
- Loss of consortium
- Any other relevant damages not covered by their Accident Benefits
To determine who or what is at fault for the accident, Oshawa car accident attorneys rely on evidence such as:
- Police reports
- Eyewitness statements
- Vehicle damage
- Testimony from a professional accident reconstructionist
- Photographs and video of the accident scene
All the evidence Oshawa auto accident lawyers present in someone’s tort claim works to prove the following facts:
- The other driver had a responsibility to drive safely
- The other driver failed in that duty and acted negligently, causing the accident
- Their client suffered serious and permanent injuries as a result of the accident
- Their ability to work has been compromised
- Their injuries would not have happened if the other driver did not act negligently
Potential Compensation
Your Accident Benefits will cover basic economic such as lost wages and medical expenses. Under the standard accident benefits policy, you can receive up to $400 per week for Income Replacement. If you qualify for a non-earner benefit, you can receive up to $185 per week.
In terms of medical and rehabilitation expense, if your injury is deemed to be a minor injury, you will receive no more than $3500 in treatment. However, if your injury falls outside the minor injury guideline, you can receive up to $65,000 which can be used for both medical treatment or attendant care if needed.
A tort claim is necessary to recover non-economic benefits such as pain and suffering or loss of consortium. The maximum amount that can be obtained in Ontario for Pain and Suffering is approximately $360,000 which is reserved for the most serious of injuries. Other losses, like past and future loss of income, are also recoverable through a tort claim.
By working with an Oshawa car accident lawyer, you do not have to worry about searching for your medical records or calculating your lost wages. They handle all of the paperwork and investigations for you so you can concentrate on your physical and emotional recovery.
Call or text (416) 364-2000 or complete a Free Case Evaluation form
