Mississauga Car Accident Lawyer
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A car accident in Mississauga can leave you or someone you love dealing with painful injuries, unexpected expenses, and uncertainty about what comes next. When another driver causes the collision, you may feel frustrated and unsure how to protect your rights.
An experienced Mississauga car accident lawyer at Preszler Injury Lawyers can guide you through the legal process, explain your options, and help you seek fair compensation for the losses youโve suffered.
Our firm provides support and legal representation for individuals and families across Mississauga who are coping with the aftermath of serious accidents. We offer free consultations so you can better understand your legal path forward without financial risk. Contact us now to get started.
Key Takeaways About Mississauga Car Accident Claims
- A lawyer can help you understand your rights under Ontarioโs no-fault insurance system for maximizing your compensation
- Fault determination rules in Ontario directly impact your ability to recover damages
- The two-year limitation period for personal injury claims in Ontario requires prompt legal action
- Tort claims may be available for serious injuries that meet the statutory threshold
- Proper documentation and evidence preservation significantly strengthen your claim
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Since 1959, weโve helped thousands of Canadians get the compensation they deserve with their car accident claims. One of Canadaโs 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 Immediately After a Car Accident in Mississauga?
Knowing the right steps to take after a collision can make a significant difference in your recovery and your legal case.
Report the Accident to Police
Ontario law requires reporting to police when an accident results in injuries, fatalities, or property damage exceeding $2,000. Officers will complete a report, which becomes a key piece of evidence for both insurance and potential legal claims.
Seek Medical Attention
Even if your injuries appear minor, you should see a doctor. Some injuries, such as concussions or internal damage, may not show symptoms right away. Medical records also serve as critical evidence for your case.
Document the Scene and Gather Evidence
If possible, take photos of vehicle damage, skid marks, traffic signals, and weather conditions. Collect names and contact information from witnesses. These details can help establish fault and strengthen your claim.
Contact Your Insurance Company
Notify your insurer as soon as possible. Provide accurate information but avoid speculation about fault. Sticking to the facts helps protect your rights if disputes arise later.
Avoid Admitting Fault
Stay calm and cooperative, but do not apologize or admit fault at the scene. Statements made in the moment can be misinterpreted and used against you during claims or lawsuits.
How Does Ontarioโs No-Fault Insurance System Work?
Ontario follows a no-fault insurance system, which means you first turn to your own insurance company for certain benefits, regardless of who caused the crash.
Understanding Statutory Accident Benefits
These benefits, also called Statutory Accident Benefits SABs, are mandatory under Ontario law. They provide financial support for medical costs, rehabilitation, lost income, and other needs after an accident.
Coverage for Medical Expenses and Rehabilitation
Statutory benefits may cover physiotherapy, chiropractic care, counseling, and other treatments. Coverage depends on the severity of the injury and the level of benefits purchased.
Income Replacement Benefits
If injuries prevent you from working, income replacement benefits may provide up to 70 percent of your gross income, subject to limits set by law.
Attendant Care Benefits
For individuals with serious impairments who require personal support, attendant care benefits help cover the cost of professional assistance with daily activities.
When Can I Sue for Additional Damages in Ontario?
While no-fault benefits provide important support, they often fall short of covering the full impact of a serious injury. In certain cases, you may file a lawsuit against the at-fault driver.
Meeting the Statutory Threshold for Tort Claims
Ontarioโs threshold acts as a filter. To bring a lawsuit, your injury must meet conditions set out in the Insurance Act. The law restricts claims to situations where a person has suffered permanent or serious harm. Minor injuries like bruises or temporary soreness usually do not meet this standard.
For example, someone who suffers a fractured leg that heals fully may rely on accident benefits but may not qualify for a tort claim. By contrast, an individual who sustains a traumatic brain injury that permanently affects memory or focus would likely meet the threshold.
Serious and Permanent Impairment Requirements
To sue for pain and suffering, the injury must cause a permanent and serious impairment of a physical, mental, or psychological function. Permanent means the injury will not fully heal, and serious means it affects your ability to perform essential tasks in daily life.
Courts examine whether the injury restricts your ability to work, care for yourself, or participate in regular activities. For example, if a software developer suffers nerve damage that prevents them from typing for long periods, the impairment may be considered serious even if the person can walk without difficulty.
Economic Loss Claims Beyond Insurance Coverage
No-fault accident benefits cover income replacement up to certain limits. If your financial losses exceed those limits, you may bring a tort claim to recover the difference. This is especially relevant for higher-income earners in Mississauga who lose the ability to continue in demanding careers.
Pain and Suffering Compensation
Pain and suffering damages recognize the personal impact of a serious injury beyond financial costs. These damages attempt to reflect the human side of recovery: the inability to play sports, spend time with children, or enjoy life in the same way as before.
In Ontario, these claims are subject to a monetary threshold and deductible, which means smaller claims may not qualify. However, when injuries are severe enough, such as loss of mobility after a spinal cord injury, pain and suffering claims provide a way to address the long-term consequences that no-fault benefits do not cover.
Additional Considerations for Mississauga Residents
Mississaugaโs heavy traffic on routes like Highway 401 and Hurontario Street often leads to accidents with serious consequences. Many of these collisions involve multiple vehicles, making liability more complex. A lawsuit against the at-fault driver, and sometimes additional parties like commercial trucking companies, may be necessary to fully address your losses
What Are the Common Causes of Car Accidents in Mississauga?
Car accidents occur throughout Mississauga, from high-traffic areas like Hurontario Street to busy intersections near Square One Shopping Centre.
Distracted Driving
Drivers using phones, adjusting navigation systems, or eating behind the wheel cause preventable crashes every year. Mississaugaโs busy roads, such as Burnhamthorpe Road, see frequent collisions related to distracted driving.
Impaired Driving
Alcohol and drugs slow reaction times and impair judgment. Collisions caused by impaired drivers often result in severe injuries. For example, impaired driving incidents along Lakeshore Road often involve both vehicle and pedestrian risks.
Speeding and Aggressive Driving
Excessive speed, tailgating, and unsafe lane changes increase the risk of losing control and colliding with others. Speeding along Highway 403 has contributed to numerous serious accidents.
Weather-Related Accidents
Snow, ice, and heavy rain make roads hazardous, especially on major highways like the QEW that run through Mississauga. Poor visibility and slick surfaces often lead to chain-reaction crashes.
Intersection Accidents
Busy intersections, such as those along Dundas Street, are frequent sites of collisions when drivers run red lights or fail to yield. Pedestrians and cyclists are particularly vulnerable in these areas.
How Is Fault Determined in Ontario Car Accidents?
Fault matters in Ontario because it influences insurance premiums and your ability to pursue damages.
Ontarioโs Fault Determination Rules
The Insurance Act sets out rules insurers use to assign fault based on the type of collision and the circumstances.
Impact of Fault on Insurance Claims
If youโre found partly responsible, your insurance premiums may increase, and your ability to recover damages could be reduced.
Disputing Fault Determinations
You have the right to dispute a fault decision if you believe it was made incorrectly. Supporting evidence, such as photographs and witness statements, plays an important role in these disputes.
Role of Police Reports and Witness Statements
Police reports provide an official account, and witness testimony can add credibility to your version of events.
Understanding Ontarioโs Limitation Periods
Deadlines for filing claims are strict in Ontario. Missing them may bar you from pursuing compensation.
Two-Year Rule for Personal Injury Claims
You generally have two years from the date of the accident to file a lawsuit against the at-fault driver.
Discovery Rule Exceptions
In some cases, the two-year period starts when you first knew, or should have known, that your injury was serious and linked to the accident.
Special Circumstances and Extensions
Certain situations, such as cases involving minors, may allow for extended timelines. These exceptions are narrow and require legal guidance.
Importance of Acting Quickly
Delays in pursuing a claim may result in lost evidence or expired deadlines, making prompt legal action critical.
How Our Lawyers Can Help
Preszler personal Injury Lawyers provides guidance and advocacy for injured individuals and their families. We work to protect your rights while helping you move forward after a serious accident.
Navigating Complex Insurance Claims
We explain the insurance system, help with forms, and ensure your claim is properly filed and supported with the right evidence.
Gathering and Preserving Evidence
Our team collects police reports, medical records, expert opinions, and witness statements to build a strong case.
Negotiating with Insurance Companies
Insurers often try to reduce payouts. We stand up for you by presenting evidence and arguing for fair treatment.
Representing You in Court When Necessary
If the insurance company or at-fault driver refuses to take responsibility, we prepare your case for trial and advocate before the court.
Maximizing Your Compensation Recovery
By carefully documenting losses and presenting evidence, we help strengthen your claim so you can pursue the financial support needed for your recovery.
Frequently Asked Questions About Mississauga Car Accident Claims
Do I need a lawyer if I wasnโt seriously injured?
Even minor injuries can worsen over time. A lawyer can help assess whether your claim qualifies for benefits or additional damages. Many people assume they donโt need legal help for whiplash or sprains, but these injuries sometimes develop into chronic conditions. Consulting a lawyer ensures you donโt miss out on benefits or compensation for losses that become more serious later.
How much does it cost to hire a car accident lawyer in Ontario?
Preszler Injury Lawyers works on a contingency fee basis, which means legal fees are only collected if compensation is recovered for you. This arrangement allows you to access legal services without paying upfront costs. During a consultation, the fee structure is explained in detail so you understand how it works before moving forward.
Can I still recover compensation if I was partially at fault?
Yes, Ontario follows a system of contributory negligence. Your damages may be reduced by your percentage of fault, but you may still recover a portion of your losses. For example, if you were speeding slightly but the other driver ran a red light, you may still secure damages, although they could be reduced by the percentage of fault assigned to you.
What if the other driver was uninsured or underinsured?
Your own insurance policy may provide coverage in these situations, but pursuing benefits can be difficult without legal help. For instance, uninsured automobile coverage is designed to protect you, but insurers may still challenge claims or question the extent of your damages. A lawyer can push back if your insurer doesnโt provide fair compensation under this coverage.
How long will my car accident case take to resolve?
The length of a case varies depending on the severity of injuries, the willingness of insurers to negotiate, and whether a trial becomes necessary. A case involving catastrophic injuries or disputed liability often requires more evidence and expert testimony, which can extend the timeline. While you may feel pressure for quick results, careful preparation often leads to stronger outcomes.
Contact Our Car Accident Lawyers in Mississauga Now
If youโve been injured in a car accident in Mississauga, donโt wait to seek legal advice. Time limits apply, and early legal intervention can protect your rights and preserve important evidence. Preszler Injury Lawyers offers free consultations so you can better understand your options before deciding how to proceed. Call (888) 608-2111 today to schedule your free case evaluation.
Proudly Canadian
Award Winning Personal Injury Law Firm
We are proud to be one of Canadaโs 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. Itโs not just the awards that recognize our achievements, but also the wins weโve achieved for thousands of Canadians with their car accident claims.
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 weโve had for our clients.
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car accident FAQs
Here are some commonly asked questions for car accident claims
Do I need a lawyer if the other driver was clearly at fault?
Yes. Even when fault seems obvious, insurers often argue about liability or damages. A lawyer ensures your rights are protected.
What if I was partially responsible for the accident?
Ontario uses a system called contributory negligence. If you share blame, your damages may be reduced by your percentage of fault.
How much does it cost to hire a car accident lawyer?
Preszler Injury Lawyers works on a contingency fee basis. You don’t pay upfront legal fees. Instead, payment is based on the outcome of your claim.
What if the other driver doesn’t have insurance?
The Motor Vehicle Accident Claims Fund provides a safety net in these situations. Our team can help you pursue this option.
Can I still claim benefits if I was a passenger?
Yes. Passengers have the same rights to accident benefits as drivers. You may also pursue a tort claim against the responsible driver.
How soon after an accident can I start receiving loss of income benefits?
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.
What happens if my injuries meet the threshold of catastrophic impairment?
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.
Do my family members have the right to sue the at-fault driver?
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.
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