Our team at Preszler Injury Lawyers understands the trauma that a car accident can cause. It is not just the physical effects that have serious consequences. Often, there are ongoing mental, emotional, and financial pressures, too.
When combined with any continued physical impact of an accident, these emotional and mental pressures can prove to be debilitating and life-changing. If a car accident has affected you in this way, there is a possibility it might entitle you to compensation for your injuries.
If you are considering taking legal action or want guidance through what can be a complicated insurance or legal process, a car accident lawyer serving Windsor can talk you through your options. Call us at 1-800-JUSTICE for a free consultation.
Our car accident lawyers can meet with you in Windsor for a free initial consultation. Call (416) 364-2000
Understanding Your Options After a Car Accident
If you or a loved one were injured in a car accident, you do not have to face the resulting costs alone. Car accident victims can pursue recovery through insurance, legal action, or both.
The Limitations of Statutory Accident Benefits Schedules (SABs)
All vehicle owners must have some level of basic auto insurance coverage in Ontario. While SABs equip all drivers with no-fault coverage, there are limits and caps on these policies that could make it difficult for you to recover what you deserve.
Under standard SABs, the injuries you sustained after a car accident could entitle you to compensation for damages like:
- Medical costs and rehabilitation
- Attendant care costs
- Lost income or non-earner compensation if you cannot go back to work or resume your activities of normal life due to your injuries.
- Educational expenses
- Death and funeral benefits if a loved one passed away
Unfortunately, many accident victims find their path to compensation under SABs impeded by the insurance company. Insurers sometimes deny treatment only to wait one year prior to making a quick, low-value cash offer to settle instead of adequate benefits or compensation for a victim’s lost income, medical treatment, or other benefits.
A car accident lawyer can help you understand the dangers of accepting an early cash settlement offer and talk you through the other options that may be available to you.
Filing a Personal Injury Claim
Depending on the details of your accident and injuries, you may also be able to file a personal injury claim against the liable party. A successful tort case like this can award compensation for damages like:
- Pain and suffering
- Loss of income and future earnings
- Emergency healthcare costs
- Ongoing healthcare costs
- Housekeeping and home maintenance
Often, car accident victims will pursue both a personal injury lawsuit and a SABs claim following their accident in order to receive a more complete recovery. Your lawyer can walk you through the process and help you every step of the way.
Motor Vehicle Accident Fund
Another option for recovering compensation is through the Motor Vehicle Accident Fund. However, this only becomes a possibility when an injured party has exhausted all other avenues of pursuing compensation and the liable party is either unknown or uninsured.
The Motor Vehicle Accident Fund will step in and act as if they were your insurance company. By doing so, you will have access to the same SABs anyone other person involved in an accident would have.
In a tort claim, the Motor Vehicle Accident Fund will provide limited compensation for pain and suffering and other economic losses like loss of income. The maximum that can be awarded is $200,000.00.If you are claiming damages that exceed $200,000.00 the fund will not offer sufficient recovery but given that you have no access to any other insurance, it is the best of a bad situation.
A car accident lawyer serving Windsor can help you establish the path that is right for you and your family. Call Preszler Injury Lawyers today at 1-800-JUSTICE to get started with a free, no-obligation consultation.
Windsor Car Accidents Lawyer Near Me (416) 364-2000
How We Can Help
Filing a claim through your insurance company can be an extensive and confusing process. At some point, you may need to talk to an insurance agent, a broker, or an insurance adjuster.
It is important to remember that an insurance company might not always be working in your best interests. It can be helpful to have a car accident lawyer to negotiate on your behalf, especially while you are still in the early stages of recovery.
If you are not at fault for an accident, there will be generally two different insurance companies that you will have to contend with. The system is no highly complex and the interplay between the SABS system and tort claims can be confusing.
Whichever way forward you choose, our lawyers can:
- Investigate your case and gather evidence.
- File any necessary SABS forms and court documents
- Negotiate an out-of-court settlement
- Help you demonstrate the value of your loss of earnings, your pain and suffering, and your ongoing medical and care costs.
- Negotiate with your insurance company and assist with filing an insurance claim.
Our legal team can help relieve you of the administrative burden by speaking to insurance companies and dealing with any legal issues on your behalf. Our clients are at the heart of our legal practice, and we always endeavor to achieve the best outcomes for them.
If appropriate, we can help settle your claims out of court to limit the ongoing stress as you continue to recover from your accident. We will be there from the initial steps of filing a claim right until the end of any settlement or judgment that could result.
Find Out How We Can Help You Right Now
While we want you to focus on your recovery, it is important that you do not delay making an insurance claim or filing a legal claim for too long.
In most circumstances, Ontario’s Statute of Limitations Act gives you two years to pursue action. If you do not file a claim within that window, you could lose your right to claim compensation. In addition, victims generally have a limit of approximately four months to inform the defendant of your intention to take legal action. Our team can help ensure all the necessary actions are taken and forms are filed within the appropriate time period.
It is also vital that you seek help with your case while the details are still fresh, and you have a clear recollection of the events. The sooner we get started, the easier it will be to collect the evidence we will need to build a strong case that supports your claim.
If you or a loved one were injured in a car accident, we can help. Call us today at 1-800-JUSTICE to learn more about how a car accident lawyer serving Windsor can assist you in seeking the compensation that you deserve.