Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Kitchener Car Accident Lawyer

Find out if you have a case today.

Contact our Kitchener car accident lawyers for a free consultation if you have legal questions regarding your car accident claim.

Table of Contents

Car accidents can happen when you least expect them. Out of nowhere, commuters on their way to work, parents picking up kids at school, students driving to campus, and other community members going about their daily routines can be the victims of a negligent driver’s wrongful actions behind the wheel. In an instant, lives can be lost, and severe, catastrophic injuries can be sustained.

Your Car Accident Lawyer Serving Kitchener

In Kitchener, and indeed throughout the province of Ontario, one of the most deadly forms of negligence on the road is distracted driving. In fact, in recent years, distracted driving has overtaken inebriated driving as the leading cause of fatalities on Ontario’s highways and roads.

Drivers who take their focus off the road– even for the briefest of moments– could cause other road users to endure lifetimes of grief, pain, emotional distress, and financial insecurity. When drivers turn their heads away from the road to check a text message notification, eat take-out while their vehicle is in motion, fiddle with the radio station, engage in a heated conversation with passengers, or try to perform any number of other tasks while they driving, they likely do not consider the potentially devastating consequences of their actions. This lack of consideration for the safety of others is both dangerous and illegal.

In accordance with the province’s Highway Traffic Act, Ontarians who operate motor vehicles have a legal obligation to provide other road users with a duty of care. If a driver engages in any kind of illegal behaviour behind the wheel of their vehicle and, as a result of their wrongful actions, an injury-causing accident ensues, the at-fault driver might be considered negligent. That means they might be held responsible for economic and non-economic damages incurred by injured car accident victims.

Although nearly half of Canadians have admitted to using their phones while operating their vehicles, distracted driving is not the only form of negligence that could endanger the lives of other road users. Traffic laws exist to reduce the risk of injurious or fatal collisions. A violation of any of these rules could jeopardize road users’ physical health, emotional well-being, and financial stability. Therefore, if the violation of any traffic law leads to a serious collision, the driver responsible for causing the crash could be considered negligent. In Kitchener, common forms of driver negligence that often lead to injury-causing motor vehicle collisions include:

If another driver’s negligence caused you to sustain serious injuries in a collision, you might be entitled to compensation. Our Kitchener car accident lawyers are passionate about helping injured survivors of car crashes in the region. If you are eligible to pursue a civil claim against the at-fault driver whose negligent conduct caused you to sustain compensable injuries, by working with our car accident lawyers serving Kitchener, you may be able to recover the maximum amount of damages to which you are rightfully owed. To learn more, schedule a free initial consultation with our Kitchener car accident lawyers by contacting us online.

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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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Understanding Personal Injury Cases

Navigating the complexities of personal injury cases requires a deep understanding of the legal nuances involved. These cases often stem from situations like car accidents, motorcycle accidents, pedestrian accidents or situations where negligence has caused significant injury to a person. Understanding the scope and intricacies of these cases is crucial for anyone looking to pursue compensation for their injuries.

The Role Of Personal Injury Lawyers

A skilled personal injury lawyer plays a pivotal role in the success of a personal injury case. Whether you’re dealing with the aftermath of a motor vehicle accident, a wrongful death, or serious injury like brain injuries, enlisting the services of experienced personal injury lawyers is crucial. These professionals navigate the legal system, ensuring their clients receive maximum compensation and justice for their suffered pain and losses.

Understanding Compensation And Benefits

Personal injury cases often revolve around securing compensation for the injured. This compensation covers various aspects, including past and future medical costs, lost wages, accident benefits and pain and suffering, and more. Understanding what compensation entails and how it can support your recovery and rehabilitation is essential. Personal injury lawyers work diligently to ensure their clients receive the benefits and compensation necessary to cover medical bills, lost income, and other related expenses.

The Impact Of Injuries On Life

The repercussions of injuries sustained in accidents can turn a victim’s life upside down. From physical disabilities to emotional trauma, the impact can be profound and long-lasting. Navigating personal injury cases involves not just fighting for financial justice but also acknowledging and addressing the significant pain and disruption caused to the injured individual’s life.

Navigating Motor Vehicle Accident Claims

Motor vehicle accident claims are a critical aspect of personal injury law, providing a pathway for victims of car accidents to recover compensation. These claims are essential for addressing the financial and emotional toll of an accident.

Initiating The Claim Process

The first step in navigating motor vehicle accident claims is properly initiating the claim. This involves gathering all necessary documentation related to the accident, including police reports, medical records, and evidence of damages. Car accident lawyers, particularly those familiar with Ontario’s specific insurance laws, can offer invaluable assistance in this process, ensuring that all paperwork is correctly filed and deadlines are met.

Dealing With Insurance Companies

A critical phase of the claim process involves dealings with insurance companies. Whether it’s filing your claim for accident benefits, negotiating with an insurance company or that of the other driver, it’s vital to approach these interactions with knowledge and caution. Insurance laws can be complex, and insurance companies often aim to minimize payouts. Experienced car accident lawyers advocate on behalf of their clients, aiming to secure access to benefits and maximize compensation for injuries and damages.

The Importance Of Legal Representation

Securing the services of a car accident lawyer in Kitchener or elsewhere with a solid track record can significantly affect the outcome of motor vehicle accident claims. These lawyers bring their understanding of the nuances involved in accident cases. From T-bone crashes to rear-end accidents, having a knowledgeable lawyer on your side can be the difference between receiving fair compensation and settling for less than you deserve.

Whether dealing with a personal injury case or motor vehicle accident claims, the complexity of the legal processes involved necessitates guidance and representation. Personal injury lawyers and car accident lawyers offer the knowledge and advocacy needed to navigate these challenging waters successfully. For anyone injured in an accident, understanding your rights and options is the first step towards securing the compensation and justice you deserve.

Pursuing Compensation For Car Accidents

When involved in a car accident, the journey towards accessing benefits and pursuing compensation can be intricate and overwhelming. The assistance of a seasoned car accident lawyer or a team of car accident lawyers can be invaluable in navigating the complex landscape of car accident cases. They can significantly influence the outcome of your personal injury case, especially in securing maximum compensation for injuries or in the tragic event of a wrongful death.

Understanding Your Rights And Entitlements

After a motor vehicle accident, understanding your rights is paramount. Whether you’re dealing with soft tissue injuries, back pain, headaches, post-concussive issues, or other forms of serious injury, the knowledge and guidance of personal injury lawyers are invaluable. These professionals work tirelessly to ensure that accident victims are fully aware of their entitlements, including accident benefits and financial compensation for medical expenses, lost income, and pain and suffering.

Moreover, they can provide invaluable advice on how to navigate the often complex interactions with insurance companies, ensuring that you are not unduly pressured into accepting a settlement that falls short of covering the full extent of your damages and needs. Personal injury lawyers also assess the Long-Term impacts of your injuries, which is crucial for securing compensation that reflects future medical care, potential lost earning capacity, and any necessary lifestyle adjustments. Additionally, they can guide you through the process of filing a claim, from gathering and submitting all necessary documentation to representing you in court if necessary.

Understanding your rights also means knowing when to challenge decisions made by insurance companies, especially in cases of disputed claims or when fault is inaccurately assigned. Finally, having a skilled lawyer by your side ensures that you have an advocate who is committed to protecting your rights and interests throughout the entire legal process, offering peace of mind during a challenging time.

Engaging With Insurance Companies

Dealing with your own insurance company or that of the other driver can be daunting. A proficient car accident lawyer, especially one with experience handling car accident claims, can manage all interactions with insurance companies. There is no substitute for experience.

Securing Legal Representation

The selection of a lawyer who is experienced in car accidents and personal injury lawsuits is crucial. Legal services provided on a contingency fee basis ensure that injured people have access to justice without the burden of paying for legal fees and disbursements upfront. A free consultation with a personal injury lawyer can help you understand the entire process, from filing an accident benefits claim to achieving a settlement for pain and suffering through a lawsuit. Choosing the right lawyer means finding someone committed to representing accident victims to the full extent, including those suffering from rear-end accidents, T-bone crashes, and other types of motor vehicle accidents.

Steps In The Car Accident Claim Process

Navigating the car accident claim process can be complex, but with the right knowledge and help, it becomes manageable. This process is pivotal for accident victims seeking access to benefits and compensation for their injuries and losses.

Filing Your Claim

The initial step in the car accident claim process involves filing an accident benefits claim with the relevant insurance company. This is a critical stage where the details of the accident, evidence of injuries, and any medical records need to be meticulously documented. Car accident lawyers can assist in compiling and presenting all necessary documentation to support your claim, ensuring that no detail is overlooked.

Negotiating With Insurance Companies

After filing the accident benefits claim, the next phase involves filing a lawsuit against the at-fault party. Once the litigation unfolds, eventually negotiations with the insurance companies will be necessary. These negotiations can be intricate, with insurance companies often seeking to minimize their payout. Experienced accident lawyers play a vital role in these discussions, leveraging their knowledge to argue for a settlement that accurately reflects the seriousness of your injuries and the impact on your life. This includes compensation for lost wages, medical expenses, and other associated costs.

The Legal Process And Settlement

If negotiations do not result in a satisfactory settlement, the case may proceed to court. Throughout this legal process, your personal injury lawyer will advocate for your best interests, presenting evidence and arguing your case to secure the compensation you deserve. The goal is to achieve a settlement that covers the full extent of your injuries, suffered losses, and the impact on your life and well-being.

Car Accident Lawyers Vs. Insurance Companies

The dynamic between car accident lawyers and insurance companies is a pivotal aspect of navigating car accident cases. This relationship is often characterized by negotiation and, at times, contention, as both parties aim to protect their interests. Understanding this dynamic is essential for anyone involved in a car accident case.

Navigating Negotiations

A key role of car accident lawyers is to negotiate with insurance companies on behalf of accident victims. These negotiations aim to secure maximum compensation for the injured, covering everything from medical expenses to lost income. Insurance companies, in contrast, are often motivated to minimize payouts to preserve their profits. Experienced lawyers use their knowledge of insurance laws and personal injury case precedents to advocate for their clients’ best interests.

Insurance Policies

A car accident lawyer, particularly one well-versed in Ontario’s specific insurance laws, is invaluable in interpreting the law and the relevant legislation applicable to car accident claims.

Achieving Fair Compensation

The ultimate goal of car accident lawyers in their dealings with insurance companies is to achieve fair compensation for their clients. This involves a detailed understanding of accident benefits, physical injuries, and the impact of these injuries on the client’s life. Through meticulous negotiation and, if necessary, litigation, these lawyers work to overcome the challenges posed by insurance companies and secure outcomes that truly reflect the severity of the injury and losses suffered.

Factors Affecting Compensation In Ontario

In Ontario, car accident cases and the compensation awarded to victims are influenced by several factors. These factors play a critical role in determining the amount of compensation one might expect from a personal injury lawsuit or insurance claim.

Severity Of Injuries

The severity of injuries sustained in a motor vehicle accident is a primary determinant of compensation. Cases involving serious injury, such as brain injuries or spinal injuries, typically result in higher compensation due to the Long-Term impact on the victim’s life. Personal injury lawyers work to ensure that all medical attention and rehabilitation costs are covered, along with compensation for pain and suffering.

Fault And Liability

Ontario operates under a mixed-fault and no-fault insurance system, where compensation can be affected by the determination of fault in the accident. Car accident lawyers are skilled in navigating these determinations, advocating for their clients to ensure that fault is fairly assessed and does not unduly disadvantage the injured party.

Impact On Life And Earnings

The impact of the accident on the victim’s life and potential earnings is another critical factor. Compensation in Ontario aims to address not only immediate medical costs but also Long-Term effects on the victim’s ability to earn and maintain their previous standard of living. Injury lawyers meticulously document these impacts to argue for maximum compensation, which may include lost wages, future earnings potential, and the need for home modifications or ongoing care.

The landscape of personal injury law and motor vehicle accident claims in Ontario is complex, with car accident lawyers playing a crucial role in navigating these waters. Whether it’s dealing with insurance companies or understanding the myriad factors that affect compensation, these legal professionals are invaluable allies for accident victims seeking justice and fair treatment.

Call 1-800-JUSTICE For Your Free Initial Consultation

In the aftermath of an injury-causing car accident, it can be difficult to know what to do next. It can even be difficult to understand whether you might be entitled to compensation. To ask important questions and receive the benefit of legal advice tailored to the specific details of your case, call 1-800-JUSTICE and speak with our car accident lawyers serving Kitchener.

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Award Winning Personal Injury Law Firm

We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their car accident claims.

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Case Results

car accident Settlements

Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some car accident related wins we’ve had for our clients.

Settlement

Car Accident

$8.05M

We successfully obtained this settlement for a very deserving client involved in a car accident.

Settlement

Car Accident

$3.1M

In this case a family lost their father in a car accident. The settlement amount was made to the surviving spouse and children of the deceased.

Settlement

Car Accident

$2.57M

Client Injuries: Traumatic brain injury with soft tissue injuries.

Settlement

Car Accident

$2.2M

A pregnant woman was driving a car and was subsequently hit by another car. She eventually gave birth to a child with cerebral palsy as a result of this accident.

Settlement

Car Accident

$2.20M

Vehicle hit by transport truck which was changing lanes. Client Injuries: Psychiatric impairments.

Settlement

Car Accident

$2.05M

Client Injuries: Mild traumatic brain injury with ongoing cognitive impairments

Settlement

Car Accident

$1.65M

Client Injuries: Mild traumatic brain injury with ongoing cognitive impairments

Settlement

Car Accident

$1.625M

Vehicle struck by another vehicle making a U-turn. Client Injuries: Headaches, vision issues, chronic pain and psychological issues

View More Results

Download Our "Car Accident Lawsuits in Ontario" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how car accident claims work.

Car Accident Lawsuits in Ontario

This guide to car accident lawsuits in Ontario will help you:

  • Understand your rights after a car accident in Ontario
  • Learn how and when to file a lawsuit against an at-fault driver
  • Explore the types of damages you can pursue, including pain and suffering, loss of income, medical expenses, and more
  • Identify the key steps in a car accident claim
  • Know what kind of evidence to collect to strengthen your claim
  • Understand how limitation periods and other legal deadlines will affect your claim
  • Discover how a personal injury lawyer can help you on your legal journey to compensation
  • And more
Download Our E-Book

Download Our "Statutory Accident Benefits Schedule" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how accident benefit claims work.

Statutory Accident Benefits Schedule

In this ebook, you’ll learn about:

  • How to apply for Accident Benefits
  • Eligibility requirements for Accident Benefits
  • Benefits and compensation available to workers and non-earners
  • Benefits and compensation for caregivers of injured individuals
  • Benefits available for medical and rehabilitation expenses
  • Benefits available for death and funeral expenses
  • The difference between minor injuries and catastrophic impairment injuries
  • How a motor vehicle accident lawyer can help you ensure you receive all of the compensation you’re entitled to through SABS
  • And more
Download Our E-Book

car accident FAQs

Here are some commonly asked questions for car accident claims

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.

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.

Read More FAQs

Got more questions?

If you have more questions or need legal help regarding car accident claims, contact our legal team for help.

We’re happy to help.

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