A Guide to Motor Vehicle Accident Claims in Ontario -1-800-JUSTICE®

In this informative video, Jeffrey Preszler from Preszler Injury Lawyers discusses the complexities of car accident claims, which are the most common type of personal injury cases handled by the firm. He explains the range of injuries that can result from car accidents, from minor whiplash to severe brain injuries and spinal cord damage. Preszler emphasizes the importance of seeking legal assistance to navigate the various benefits available to accident victims, including statutory accident benefits and potential lawsuits against at-fault drivers. He highlights the challenges of accessing medical treatment and the necessity of proper documentation for insurance claims. For those seeking guidance, Preszler encourages viewers to contact 1-800-JUSTICE for a free consultation to better understand their rights and options.

Car accident claims are, frankly, the most frequent type of accident claims that we see at the Preszler Law Firm. We have represented thousands of car accident victims. As you can imagine, there is a dramatic range in the level of severity of injuries or impairments that stem from a car accident. Car accident claims are the most voluminous or frequent type of claims that my firm handles, and the reasons are obvious. There are more cars on the road than ever before, and frankly, with traffic patterns as they are, this gives rise to a lot of collisions.

What we see most frequently following a car accident is that, at the time of the collision, everyone involved is often full of adrenaline. They don’t know what happened; they are surprised, nervous, and anxious. Most people think at the scene of the accident that they are fine, that they will brush it off, that they are just a little shaken up, and that they will go on with their lives. However, what we see more often than not is that within 24 hours of that collision, even though you thought you were fine, you start feeling the effects of the collision.

Often, we see whiplash injuries, which are soft tissue in nature, but there are different types and levels of whiplash, some of which are far more serious than others. We see a pattern in motor vehicle accident claims where most people do get better from their injuries, but there are different levels of injury, as I was describing. The more minor types of injuries, where most people get better, are when there are just pure soft tissue injuries—no fractures, no brain injury, nothing of that nature. Fortunately, most people do get better, but "most" is not "all." There is a percentage of accident victims who are more vulnerable, and for whatever reason, they do not get better. Each accident victim must be taken as they are. Some people have pre-existing disabilities, some are just more vulnerable, and some are less physically active, making them more susceptible to the velocities and forces involved in an accident.

Most people who have been involved in an accident, even if there may be limited property damage, experience significant forces. Everyone has experienced, or at least most people have experienced, being rear-ended in an accident. As far as I’m concerned, that’s a very substantial impact. You get thrown forward, your neck snaps backward, and, as I was saying, within 24 to 48 hours, you start feeling the effects, which is known as a whiplash injury. But whiplash isn’t just whiplash. You may then develop sore shoulders, a sore back, and headaches. For a percentage of the population, after about four to six weeks, people’s mental health starts declining because they are not getting better. As their mental health declines and their physical health declines, they then develop what is considered sleep impairments or have difficulty sleeping. With less sleep, it becomes a cycle where you end up having more mental health issues. You become more depressed and more anxious. After about three to six months, you start developing what is referred to as chronic pain, where your pain becomes more entrenched. This is the pattern we often see for a percentage of accident victims who, despite going for treatment and doing everything they can to get better and wanting to resume their lives, simply do not get better.

At my firm, we also represent very seriously injured people resulting from car accident claims. This includes complex fractures, even simple fractures, torn ligaments, and we also represent people with very severe or significant brain injuries. We handle cases involving spinal cord injuries that result in paraplegia, quadriplegia, or even tetraplegia. Another issue we see is concussions. This term is often used by non-medical practitioners, but it really refers to a traumatic brain injury. There is more data emerging on this, and car accident claims often give rise to concussion or traumatic brain injury claims. Whiplash claims are obviously the most frequent, and there are actually four different levels of whiplash. The fourth level is considered a fracture. The third level, even though people often think of whiplash as minor, is far from minor in most cases. Many people do get better from whiplash, but the more serious forms often take far more time to recover from.

There are many benefits to hiring a law firm to handle your car accident claim. My comments pertain to victims of accidents who were not at fault or only partially at fault for the accident. Each victim has access to two different paths. The first path is to access what are called the statutory accident benefit schedule or accident benefits. This provides you with access to interim income replacement benefits, which are a payment of up to $400 per week for your lost wages. You can also qualify for up to $65,000 for medical treatment, at least according to your standard policy. However, insurance companies can unilaterally reduce the benefits you are entitled to to $3,500 if they classify you under the minor injury guideline. For those who are most seriously injured, they can access what is considered catastrophic level coverage, which is reserved for those who sustain what is considered a catastrophic impairment.

The second avenue of recovery is through a lawsuit, where you sue the at-fault driver or the owner of the vehicle for your pain and suffering, past loss of income, future loss of income, and any future healthcare-related expenses you may have. This list is not exhaustive; every case is unique. All of your damages that are recoverable in law, provided you meet the legal tests to be entitled to those types of damages, can be accessed through what is called a tort claim, also known as a lawsuit.

The third avenue, even though I mentioned there were only two, is for most people who are employed at larger companies or who are not self-employed. They do have access to short-term disability and long-term disability benefits. There are also situations where employees, through their employment relationship, have access to short-term or long-term disability coverage. Your short-term and long-term disability policy is the first payer. Before you receive an income replacement benefit, you must apply for and qualify for either short-term or long-term disability benefits. You can also access Employment Insurance (EI) for sick leave benefits for up to 15 weeks. These are part of the reasons why it is important to contact a law firm, as a lawyer can help direct you and ensure that you are able to access all the different types of benefits you are entitled to.

The cost of medical treatment in the private setting is very expensive. Most people have gone to a chiropractor or a physiotherapist at some point. If you do not have benefits through an employer and are paying out of pocket, you soon realize how expensive private medicine really is. OHIP, unfortunately, only provides certain types of treatment. It does not cover chiropractic care, physiotherapy, or all kinds of treatment that you should have access to but do not through the OHIP system. This is where the accident benefit schedule allows you to get certain types of benefits in the private setting, where the insurance company will pay for it. However, to access these benefits, you must follow a very strict series of applications and submissions of paperwork to get what you are duly entitled to. Again, this is where law firms step in.

They make sure that things are being done correctly, that the paperwork is being submitted to the insurance company accurately, that medical records are obtained to justify the requests you are making, and, most importantly, keeping the insurance company fully informed about the status of your recovery.

If you have been involved in a car accident or a motor vehicle accident claim, you can contact me, Jeffrey Preszler, at 1-800-JUSTICE, or you can reach out to my firm. We have many capable lawyers who are more than happy to assist you, and we can help you through this entire process from beginning to end.

Part of our role is to ensure that you are informed, that you understand what your rights are, and, most importantly, we help you gain access to all the benefits you are entitled to so that you do not have to worry about whether or not you are missing out on something.

Give us a call for a free consultation. It is completely free, and there is no obligation to retain our services or hire our firm. We are more than happy to spend time with you, educating you on the process so that you can make the best decisions for yourself.