The Ontario Insurance Act’s Statutory Accident Benefits Schedule provides you with certain monetary rights after an auto accident in Ontario. Unfortunately, this does not guarantee you will receive sufficient damages to fully address your accident injuries and medical expenses.
The insurance company may deny a claim altogether or undervalue or misclassify an injury. These factors can jeopardize your right to a full physical and financial recovery. Below is an outline of how an auto accident lawyer may seek fair and full compensation for your injuries.
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A Lawyer Can Collect Evidence to Support Your Case
You may strengthen your claim with supportive evidence that speaks to the nature of the accident and your injuries.
Evidence may include:
- photos of the accident scene;
- medical records;
- diagnostic test results (X-rays, MRI and so on);
- physician statements;
- photos of injuries; and
A lawyer can best determine what evidence is necessary to bolster your claim. He can handle the collection and organization of evidence while you focus on recovery.
A Lawyer Can Put a More Accurate Value on Your Claim
An auto accident lawyer can examine your losses to present the most accurate value of your claim, including pain and suffering, lost wages, medical expenses and out-of-pocket costs (for things like prescription drugs and replacement eyeglasses, and so on).
The value of certain Accident Benefits is dependent on the nature of your injuries. For instance, Medical and Rehabilitation Benefits are provided in correlation with the degree of severity of injury. An injury classified as minor will net up to $3,500 in benefits, whereas a more serious injury can mean as much as $50,000. A catastrophic injury may warrant up to $1 million in benefits. A lawyer can present evidence to support the accurate classification of your injuries.
A Lawyer Can Offer Guidance on How to Protect Your Case
Your lawyer is your advocate and can offer personalized advice on how best to protect your right to compensation. This may include instruction on how to communicate with insurance adjusters and ensuring all paperwork is submitted in a timely fashion. It also should include guidance on how to evaluate a benefits package and what to do if an insurance company requests a recorded statement.
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A Lawyer Can Improve an Unfair or Insufficient Settlement Offer
Your lawyer can fight on your behalf in the event your Application for Benefits is denied or you are offered an unfair package. Note: Working with a lawyer from the very beginning of your case may improve your chances of being offered a fair settlement for your injuries because he may be more apt to handle the claim appropriately.
A Lawyer Can Help You Initiate a Lawsuit against a Negligent Driver
Accident Benefits are not your only option for compensation in cases where another driver caused your injuries. You may have the right to initiate a negligence lawsuit and seek additional damages, such as:
- economic losses (lost income, earning capacity and other damages – less what was covered under the no-fault Accident Benefits);
- healthcare costs (beyond what is addressed via your Accident Benefits); and
- pain and suffering.
A lawyer can ensure you meet all deadlines to initiate a lawsuit and provide evidence to support your case. Learn more about what the Preszler Law Firm can do for you during a free case evaluation. Call 1-800-JUSTICE®.