Traveling by car from place to place is something countless Canadians take for granted on a daily basis, rarely pausing to contemplate the potential risks involved. Though this confidence is generally well-placed, an alarming number of drivers and passengers each year suffer severe harm in accidents on the road caused by avoidable negligence on the part of others.
If you have been injured in a car accident and wish to learn more about your options, a Toronto car accident lawyer is ready and willing to serve. The party interested in filing a claim has 120 days to notify the at-fault driver of their intention to sue and has only two years to file a lawsuit. With requirements in mind, it is imperative those injured consult with a compassionate car accident lawyer at Preszler Law Firm as soon as possible to begin filing their injury claim.
Fact Patterns Typical of Toronto Car Accidents
With more than 36,000 motor vehicle collisions occurring each year in Ontario, there can be no doubt that the dangers of driving on our roads are real and cannot be ignored.
Considering the speed, weight and physical forces at play during car travel, it is not surprising that vehicle accidents can and do unfold in any number of ways. However, there are certain forms of negligence that tend to appear more frequently than others, with some of the most common crash scenarios involving:
- Failure to heed changing weather and/or road conditions
- Driving under the influence of drugs and/or alcohol
- Texting behind the wheel
- Failure to obey traffic signals
- Exceeding posted speed limits
- Driver fatigue
- Improper lane changes
- Distracted driving
- Defective design/manufacture of vehicles and/or vehicle components
- Improperly loaded cargo
- Faulty or neglected vehicle maintenance
Because every accident is factually distinct, lawyers who restrict their practice to car crash injuries must employ meticulous evidence-gathering techniques while working in tandem with seasoned subject-matter experts. Use of these methods can greatly boost each claimants’ chances of obtaining the financial recovery and much-needed hope necessary for them to heal.
Common Car Accident Injuries in Toronto
Serious and even catastrophic injuries are often the outcome for far too many involved in Toronto car accidents. In such cases, there is no dollar figure certain to fully compensate victims for all that has been lost, but substantial financial resources can help ease the unexpected burdens produced by harm that may include:
- Spinal cord damage
- Broken bones
- Herniated discs
- Skin burns and resulting disfigurement
- Limb amputations due to nerve damage
- Injuries to vital internal organs
- Traumatic brain injury/lasting cognitive impairment
- Torn ligaments
- Internal bleeding
Most of the harm described above can and regularly does cause victims to incur massive losses in the form of mounting medical bills, therapy and rehabilitation expenses, necessary accessibility modifications to the home, lost wages, limited future earning capacity and more.
Given these stark realities, it is essential for those involved in serious car accidents to aggressively pursue the full amount of compensation available to them under the law.
Ontario’s Auto Insurance Coverage System
Pursuant to statute, vehicle owners across Ontario must purchase a minimum standard of auto insurance coverage. A basic policy will include third-party liability coverage, direct compensation for resulting property damage, no-fault benefits as well as benefits applicable in cases involving uninsured motorists. Drivers can also elect to buy additional benefits coverage to cover increased amounts for attendant care, rehabilitation, housekeeping and home maintenance costs, caregiver benefits, higher medical benefits limits and death benefits.
Policyholders need to realize, however, that insurance companies often go to great lengths to dispute, minimize and sometimes even deny otherwise valid benefits claims. Therefore, it is incumbent on accident victims to secure the advice of an experienced auto accident advocate who can help them substantiate losses and cause even the most reluctant insurance carrier to pay the true amount owed.
Accurately Valuing What Has Been Lost in a Car Accident
While in some situations, determining the actual value of what an accident victims has lost is relatively straightforward. A simple review of medical bills, wage records, property damage repair invoices and the like can make quantifying damages quick and easy. Of course, there are several other potential categories of loss that present much greater challenges in terms of ascertaining a fair level of compensation.
Victims seeking monetary recovery for things such as emotional trauma, physical suffering, detriment to prior lifestyle and the like demand expert analysis and careful consideration of a whole host of factors.
Fortunately, a skilled accident lawyer will be able to draw on long-established relationships with economic loss experts, physicians and other subject-matter authorities who can help them arrive at an accurate value of non-economic harm sustained.
Marshaling Persuasive Evidence on Behalf of Victims
When it comes to building the best possible case, whether for full payment of an insurance claim or in the context of a tort action against an at-fault driver, there is no substitute for exhaustive documentary evidence.
Thus, the more a victim can do to aid in the collection, assembly and organization of photographs, medical records, employment and wage data and other key categories of supporting materials, the stronger their chances of ultimate success.
Timely Pursuit of Justice and Accountability
The time period following a serious car accident is known for being fraught with anger, frustration, pain, and uncertainty. The attentions of victims and their loved ones are often trained primarily on physical recovery, loss mitigation, and sheer survival. However, it is necessary for those negatively affected by the negligence of others on the road to remember that their time to seek formal recourse is not unlimited.
While the process of securing benefits via an insurance policy is something most victims will undertake soon after the event itself, any potential initiation of a tort action should also be brought to the forefront as soon as possible. Pursuant to the Limitations Act, 2002, s.4, Ontario has limited the time period for pursuing a negligent motorist in court to two years. Furthermore, the targeted defendant must be provided with notice of the intended action within 120 days of the crash itself.
By consulting with an Ontario auto accident lawyer as promptly as possible following a serious injury event, potential plaintiffs can begin the process of preserving and gathering important evidence, building effective legal arguments and improving their likelihood of success. In addition, an experienced car crash advocate will be able to ensure timely compliance with all statutory filing requirements so that the ability to pursue justice and full accountability is not lost.
How a Toronto Car Accident Lawyer Can Help
When the unexpected happens and another party’s negligence on the road results in real harm, it can be difficult to know which way to turn. A good Toronto car accident lawyer will fight for your right to get the treatment and care you need following any type of accident. Skilled auto accident lawyers know that insurance companies are required to prove you have a minor injury, not for you to prove your injuries are more serious.
If you have been harmed in a car accident in Toronto and want to learn more about the compensation that may be available in your case, contact Preszler Law Firm for a free consultation today.