Hamilton Car Accident Lawyer

Suffering injuries or losing someone close in a car accident caused by another person’s negligence can change your daily life in significant ways. Hospital visits, treatment schedules, missed work, and financial strain can quickly add up.

A Hamilton car accident lawyer from Preszler Injury Lawyers can guide you through the legal process and help you pursue compensation for the losses you’ve experienced. If you or a loved one were harmed in a collision in Hamilton, you don’t have to handle the legal process on your own. Contact us today for a free consultation.

Key Takeaways About Hamilton Car Accidents

• Ontario’s car accident laws combine both no-fault benefits and fault-based claims.
• Immediate steps after a crash, such as calling emergency services and documenting the scene, help protect your rights.
• Compensation may include lost income, future medical costs, and pain and suffering damages.
• Fault can rest with one or multiple drivers, uninsured motorists, or even government entities for poor road maintenance.
• Strict time limits apply to filing car accident claims in Ontario, so acting quickly helps protect your ability to recover losses.

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Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their car accident claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.

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What Should I Do After a Car Accident in Hamilton?

The minutes after a crash often feel confusing. Taking clear steps can protect your health and strengthen any future claims you file.

Ensure Safety and Call Emergency Services

Move to a safe location if possible. Call 911 right away. Police reports and medical records become important evidence later. Emergency personnel can check for injuries that aren’t immediately visible.

Document the Accident Scene

Use your phone to take photos and videos of the vehicles, roadway, traffic signs, and weather conditions. Capture damage from different angles. If witnesses are present, ask for their contact information.

Exchange Information with Other Drivers

Write down names, phone numbers, driver’s license numbers, license plates, and insurance details. Accurate records reduce disputes later.

Seek Medical Attention Immediately

Even minor soreness may develop into more serious conditions. Visiting a doctor quickly connects your injuries directly to the accident, which helps both your recovery and your claim.

Report the Accident to Your Insurance Company

Ontario law requires you to inform your insurer promptly. Provide factual details only. Avoid speculation or admitting fault.

Contact a Hamilton Car Accident Lawyer

Speaking with a lawyer early helps protect your rights. A lawyer can handle communications, gather evidence, and begin building your case while you focus on healing.

Understanding Ontario’s Car Accident Laws

Ontario uses a system that blends no-fault benefits with the option to sue for damages in serious cases. Knowing how these laws work helps explain why you might receive certain benefits automatically while also pursuing additional claims.

• Fault Determination Rules: Standardized charts and scenarios insurers use to assign blame after a collision.
• Statutory Accident Benefits Schedule (SABS): A set of mandatory benefits that provide income replacement, rehab support, and other coverage for motor vehicle accident victims, regardless of fault.
• Tort Claim: A lawsuit against the driver who caused the accident to recover losses not covered by SABS.
• Limitation Period: The legal deadline for filing lawsuits or benefit claims.

The Fault Determination Rules

Insurers use fault determination rules to decide who was responsible for a car accident. For example, if one vehicle rear-ends another at a red light on Upper James Street, the driver in the back is almost always considered at fault. The system applies even if weather conditions played a role. These rules bring consistency, but they don’t always capture every unique factor.

Statutory Accident Benefits Schedule (SABS)

The Statutory Accident Benefits Schedule (SABS) provides support after almost every accident, regardless of fault. Benefits may include coverage for medical rehabilitation, attendant care, and a portion of your income if you can’t work. However, coverage limits often fall short of actual expenses. For example, physiotherapy sessions at a private clinic in Hamilton may exceed the amount insurers reimburse.

Tort Claims and Serious Injury Threshold

If your injuries are considered “serious and permanent,” Ontario law allows you to bring a tort claim against an at-fault driver. This could include chronic pain, significant scarring, or conditions that prevent you from returning to work. For instance, if a driver suffers spinal injuries in a crash on the QEW and can no longer perform their trade, they may pursue a tort claim in addition to accident benefits.

Limitation Periods for Car Accident Claims

The two-year limitation period means that if you don’t start your lawsuit within that time, you usually lose the right to do so. Some benefit applications have shorter deadlines. For example, applying for income replacement benefits typically must happen within 30 days of receiving the forms. Missing these timelines gives insurers grounds to deny coverage.

What Types of Compensation Can I Recover After a Hamilton Car Accident?

Ontario’s public healthcare system covers many medically necessary treatments, but accident victims often face costs that go far beyond hospital stays. Depending on your injuries, you may pursue:

• Rehabilitation costs: Private physiotherapy, chiropractic treatment, massage therapy, or psychological counselling that OHIP may not fully cover.
• Lost income: Missed wages while you recover. For example, a construction worker injured in a crash near Barton Street may be unable to work on-site for months.
• Reduced future earning ability: Serious injuries can prevent you from returning to the same line of work, leading to long-term financial loss.
• Pain and suffering: Compensation for the physical discomfort and emotional distress caused by the accident.
• Loss of enjoyment of life: Inability to return to hobbies such as cycling on the Hamilton waterfront trail or playing recreational sports.
• Future care expenses: Long-term medical support, in-home assistance, or adaptive equipment like wheelchairs and stair lifts.
• Out-of-pocket expenses: Costs such as prescription medications, transportation to medical appointments, or home renovations to improve accessibility.
• Property damage: Repairing or replacing your vehicle, including motorcycles, bicycles, or personal property damaged in the crash.
• And more.

Who Is Liable for My Car Accident in Hamilton?

Liability depends on who acted negligently and how Ontario’s fault rules apply.

Insurers use these standardized rules to assess fault. For example, rear-end collisions almost always place fault on the driver in the back.

Multiple Party Liability

Sometimes, more than one driver shares fault. Each may be responsible for a percentage of the damages.

Liability of Uninsured or Unidentified Drivers

Ontario has protections through the Motor Vehicle Accident Claims Fund to help injured people if the at-fault driver is uninsured or unidentified.

Government Liability for Road Conditions

If poor maintenance, potholes, or unclear signage contributed to your accident, the municipality might share liability. For example, icy conditions on the Lincoln M. Alexander Parkway have been linked to collisions.

Common Causes of Car Accidents in Hamilton

Certain behaviours and conditions increase accident risks across the city. Some of the most common causes of car accidents include:

• Distracted Driving: Texting, using a GPS, or eating behind the wheel reduces reaction times and attention.
• Impaired Driving: Alcohol or drugs impair judgment and slow response times, leading to preventable crashes.
• Speeding and Aggressive Driving: High speeds on the Red Hill Valley Parkway often result in severe collisions. Tailgating and unsafe lane changes also contribute.
• Weather-Related Accidents: Snow, ice, and fog in Hamilton winters lead to spinouts and rear-end crashes, especially on the QEW.
• Intersection Collisions: Busy intersections like King Street and James Street see frequent side-impact crashes when drivers ignore signals or fail to yield.

How Long Do I Have to File a Car Accident Claim in Ontario?

Deadlines affect both insurance benefits and tort claims. Missing them can end your ability to recover damages.

The Two-Year Limitation Period for Tort Claims

You generally have two years from the accident date to start a lawsuit. Courts enforce this deadline strictly, so even a short delay can bar your claim.

Time Limits for Accident Benefits Applications

The accident must be reported to your insurer within seven days, and you must send back the completed application package within 30 days. If you can’t meet these deadlines, provide a reasonable explanation, such as hospitalization.

Exceptions to Standard Limitation Periods

Courts occasionally extend deadlines in exceptional circumstances, like if an injured person lacked the mental capacity to act. These cases are rare and require strong evidence.

Discovery Rule and Minor Plaintiffs

For minors, the two-year clock doesn’t start until they turn 18. The discovery rule may also apply when injuries are not immediately known, for example, when symptoms of a traumatic brain injury appear only months or years after an accident.

How to Deal with Insurance Companies After Your Car Accident

Insurance adjusters focus on minimizing payouts for their companies. Understanding their tactics helps protect your claim.

Understanding Insurance Adjusters’ Goals

Adjusters often seem friendly and supportive, but their role is to protect their employer’s bottom line. They may record phone calls, hoping you’ll say something that reduces the claim’s value.

What to Say (and Not Say) to Insurance Companies

Provide factual details only. For instance, state that the accident occurred at King Street East at 3 p.m. without adding personal opinions about fault. Avoid statements like “I feel fine” since they may be used to argue your injuries were minor.

Disputing Denied or Reduced Benefits

If benefits are denied or reduced, you have the right to challenge that decision. A lawyer can help collect medical opinions, employment records, and expert assessments to support your appeal. Many cases resolve through negotiation, but some proceed to hearings before the Licence Appeal Tribunal.

The Role of Independent Medical Examinations

Insurers may require you to attend assessments with their chosen doctors. These exams sometimes minimize the extent of injuries. Having records from your family physician or specialists at Hamilton Health Sciences can provide a stronger counterbalance.

How Our Lawyers Can Help

At Preszler Injury Lawyers, we work to ease the burden of accident claims.

Comprehensive Case Investigation

We gather all relevant records, from police reports to surveillance footage from nearby businesses. For example, video from a store near Ottawa Street might confirm how the collision happened.

Maximizing Your Compensation

We carefully review every possible category of damages. This includes documenting long-term care needs, calculating lost pension contributions, and projecting the cost of future medical devices. By building a complete picture, we strengthen your claim for fair compensation.

Handling All Insurance Communications

Dealing with insurers often feels stressful. We manage all communications, preventing adjusters from pressuring you into accepting a low offer. Our team responds to document requests, schedules assessments, and keeps the process moving forward.

Skilled Negotiation and Litigation

Many cases resolve through settlement, but we prepare every file as though it may proceed to court. That preparation helps in negotiations and demonstrates to the at-fault party that we are ready to pursue the claim fully.

No Fee Until Recovery

We work on a contingency fee basis. You don’t pay upfront legal fees. Instead, our fee is tied to the outcome we secure for you, whether through settlement or court judgment.

Frequently Asked Questions About Hamilton Car Accident Claims

Do I need a lawyer if the insurance company already offered me a settlement?

Yes, because initial offers are often lower than what you may claim. A lawyer can review the offer and explain whether it covers your future costs.

Can I still receive compensation if I was partially at fault for the accident?

Yes. Ontario uses contributory negligence rules. Your compensation is reduced by your percentage of fault.

What if the other driver doesn’t have insurance?

You may apply through the Motor Vehicle Accident Claims Fund, or your own policy may include uninsured driver coverage.

How much does it cost to hire a car accident lawyer in Hamilton?

Preszler Injury Lawyers works on a contingency fee basis, meaning you pay nothing up front. We only receive payment if we successfully resolve your case.

What if my injuries don’t appear until days or weeks after the accident?

Delayed symptoms are common. Seek medical care as soon as you notice them, and update your claim with new medical evidence.

Contact Our Hamilton Car Accident Lawyers Now

Time limits for claims move quickly. Acting early allows evidence to be preserved and benefits to start sooner. Preszler Injury Lawyers is ready to help you through every step. Call (888) 608-2111 today or fill out our online contact form for a free case evaluation.

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