Pedestrians are among the most vulnerable accident victims. This means a disproportionally high number of serious or even fatal injuries can occur in the event of an accident.
If you have suffered harm in a pedestrian accident as the result of someone else’s negligence, consult with a Toronto pedestrian accident lawyer to begin building an injury claim. An experienced injury lawyer can assist in compiling evidence on your behalf and preparing you for what you should expect through the legal process.
Some of the most common pedestrian injuries can include:
These injuries can be costly to treat, particularly if they require long-term health care. Our pedestrian accident lawyers in Toronto understand the gravity of your injuries and will guide you in the steps necessary to pursue compensation.
Many people who have been involved in a pedestrian accident contact our firm with questions about their right to sue the driver or how to complete the insurance forms they’ve received in the mail. Our clients also need to know the options for available compensation.
If you weren’t at fault for your accident, you have two options available for recovery: Accident Benefits and a tort claim.
Accident Benefits are available to all injured parties, regardless of fault. Even if you were liable for your pedestrian accident, you may claim Accident Benefits, provided you meet the required deadline. File within 30 days of receiving the application and receive up to $50,000 in Medical and Rehabilitation Benefits, up to $3,000 per month for Attendant Care Benefits and up to $400 per week for Income Replacement Benefits. If you were not working, you could qualify for a non-earner benefit of $185 per week. Some injuries — such as brain injury, paralysis or amputation — qualify a victim for additional catastrophic benefits.
Beware of your insurance company attempting to classify your injuries as “minor.” This can lower the value of your Medical and Rehabilitation Benefits from $50,000 to $3,500. You will also not receive the Attendant Care that you may require.
If you weren’t at fault for your accident, the Preszler Law Firm can also help you file a tort claim. This lawsuit will be filed against the driver responsible for your accident injuries. In a successful claim, you may be able to recover lost income (both past and future), health care costs, out-of-pocket expenses (like home maintenance) and pain and suffering. Our experienced lawyer team will be happy to speak with you about the options available in a tort claim and file one on your behalf.
Ontario laws require you to contact your insurance company or the liable driver’s company within one week of the accident. You must then complete and file an Application for Accident Benefits within 30 days after receiving the application. There is no grace period and ignorance of the deadlines is not considered a valid excuse. Any delay in taking action could jeopardize your ability to receive all the benefits that owed to you.
You also have only have two years to sue the at-fault driver for your pain and suffering, lost wages and other expenses and that missing this limitation period may prejudice you for the rest of your life.
Contact a Toronto pedestrian accident lawyer today before you file your Application for Accident Benefits. We’ll be happy to walk you through the process. If you have already filed your Application, we can help you ensure the insurance company provides you with the benefits you deserve. We will also commence the appropriate litigation against the at-fault driver to secure your future.