Common questions regarding car accident injury claims as detailed by an injury lawyer. For other frequently asked questions consult with the Preszler Injury Lawyers FAQ page.
Loss of income benefits are typically paid to injured victims of motor vehicle accidents once their claim has been approved by their auto insurance provider. To receive these benefits, you may be required to provide your insurer with documentation from your employer, physicians, and other medical experts stating that your injuries prevent you from working. You will not be granted loss of income benefits for any wages lost during the first 7 days after the injury-causing collision, however you may be eligible to claim lost income for missed working days after that time limitation has elapsed.
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the "threshold." If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
If your injuries meet the threshold of catastrophic impairment, you may be entitled to additional benefits such as increased medical and rehabilitation benefits, attendant care benefits, and housekeeping and home maintenance benefits.
Close family members of a person who has been injured or killed in a motor vehicle accident may be able to sue the at-fault driver for their own losses such as loss of care, guidance, and companionship.
The amount of income replacement benefits you can receive will depend on your pre-accident income, but typically these benefits can cover up to 70% of your gross income before the accident, up to a maximum of $400 per week. If you pursue a civil claim against the at-fault driver whose negligence caused your collision, you may be able to recover 100% of your gross income loss and earning capacity after the trial.
Collateral benefits are benefits you may receive from other sources, such as private insurance coverage, CPP disability benefits, long-term disability benefits, or employment insurance. In some cases, you may be required to repay these benefits if you receive a settlement or judgment.
By pursuing a civil claim, you may be able to seek compensation for all healthcare expenses related to your injuries, including the cost of medical treatment, rehabilitation, and therapy. This may also include expenses for medical equipment, assistive devices, and necessary home modifications required to accommodate your injuries.
Other examples of pecuniary losses you may be able to pursue include lost income, reduced future earning capabilities, and other out-of-pocket expenses incurred as a result of your injuries. These might include the cost of hiring someone to perform routine household tasks you are unable to do yourself because of the injuries you sustained.
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