Many accident victims in Ontario file personal injury claims with the help of personal injury lawyers.
Car accident victims can claim Statutory Accident Benefits to pay for medical costs and other expenses. These expenses can be hefty and drain a family’s bank account fast.
Through the no-fault compensation system, a victim can claim accident benefits regardless of who is at fault.
But did you know you can also file a tort claim by suing the driver at fault for your lost income, suffering, and out-of-pocket expenses?
Your right to file a claim can be compromised after a car accident if you fail to take action right away. Find out how you can protect your claim and what your steps should be.
You can also find the best personal injury lawyer to advise you on your course of action using our short online form today!
Understanding Tort Law in Ontario
Tort law is an integral part of the Canadian legal system. Compensation of injured individuals for unintentional or intentional acts is the very heart of tort law.
Personal injury is under Tort law wherein victims can sue the person at fault for restitution for loss or damages.
In Ontario, tort claims are filed for:
- Car or truck accidents
- Defective products
- Medical malpractice
- Professional malpractice
- Premises Liability (falls, slips, etc.)
Tort claims in Ontario fall under two types – intentional and unintentional.
It is important to understand that torts are not considered crimes. An act may be criminal, but tort claims are civil claims and are separate from the criminal justice system.
How do tort claims for car accidents work?
In Ontario, vehicle accident claims can be categorized under tort claims or accident claims . Each person can get basic compensation from his insurance company through the Ontario driver’s insurance system.
Car accident torts are usually unintentional tort claims as vehicular accidents are mostly due to negligence rather than intentional actions.
Under the law, everyone is expected to follow standards or perform duties ensuring the safety of other people.
The settlement of a tort claim and car accident benefits are coursed through the insurer.
You must first review your insurance policy to understand the extent of your coverage. You should then file a claim to receive accident benefits which could include the following:
• Medical treatment & rehabilitation costs
• Lost income/wages
• Reasonable expenses such as caregiver, personal care, or housekeeping costs
Victims may receive $400 a week for income replacement benefits from the insurer. By filing a tort lawsuit against the driver at fault, a victim can receive the shortfall for future losses and lost wages.
Find a lawyer to assist with a tort claim
A reputable and experienced personal injury lawyer is essential in filing a tort claim . He will work with the insurance company to evaluate the extent of the injuries you suffered so that you can get the proper compensation.
Your lawyer will help you to get a second opinion from the insurance company and ensure that the assessment is accurate.
Civil Tort Claim Process in Ontario
Pain and suffering as a result of somebody’s negligence can be very difficult to tolerate.
Fortunately, Tort Law provides a legal avenue for injured individuals to receive compensation from the person responsible for the injury.
You can file a tort claim against a negligent driver and his insurer if you suffered permanent or serious injuries as a result of a car accident.
If your medical and other expenses exceed what basic insurance covers, speak to an experienced lawyer. He will advise you if you have grounds for a tort claim.
You can fill out the short online form on this page , free of charge, to get connected to personal injury lawyers near you!
Settlement of Tort Claims: The role of personal injury lawyers
It is very important for you to know and understand the full length of your pain and suffering and how your injury will affect you in the years to come.
As mentioned earlier, you can sue the responsible party, also called the tortfeasor, for the following:
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Medical bills
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Housekeeping expenses
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Lost income
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Permanent disability
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Loss of competitive advantage
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Care and companionship,
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Delayed entry into work,
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Loss of opportunities,
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Etc.
Victims who sustained catastrophic injuries can receive substantial compensation . Under Ontario laws, individuals with catastrophic injuries are entitled to higher accident benefits and damages than victims with minor injuries.
Ontario Car Accident Benefits and Coverage
Ontario residents are eligible to claim car accident benefits as follows:
INCOME REPLACEMENT BENEFITS
You can be entitled to income replacement benefits of up to 70% of gross income or up to $400 a week. This benefit can be paid for a maximum of 104 weeks.
Depending on the insurance policy, the weekly limit can be upped to $1,000 a week. To qualify, you must be working at the time the accident occurred and not able to resume work due to accident-related injuries.
NON-EARNER BENEFITS
Unemployed victims at the time of the accident can receive Non-Earner benefits.
The victim must be completely unable to do normal life tasks to qualify. An evaluation of the pre-accident and post-accident life of the victim is conducted.
MEDICAL AND REHABILITATION BENEFITS
Your type of injuries determine your qualification to receive benefits for Medical and Rehabilitation.
Based on the Minor Injury Guideline, you can receive a maximum of $3,500.00 in Medical and Rehabilitation Benefits.
If your injuries extend beyond the Minor Injury Guideline but not catastrophic, you can receive a maximum of $50,000 .
Students involved in a vehicular accident and cannot complete their program are entitled to a maximum of $15,000.00for Lost Educational Expenses, Part 4-SABS.
Victims with catastrophic injuries are entitled to much higher medical and rehabilitation benefits.
VISITORS’ EXPENSES
This benefit reimburses expenses of visiting family members (parents, children, grandparents, siblings, spouse, and grandchildren) from Part 4 of SABS.
No limit is set for visitors’ expenses but it must be reasonable. It covers the first 2 years of disability (non-catastrophic cases). It covers necessary expenses related to visitors during a victim’s period of treatment or recovery.
DEATH AND FUNERAL BENEFITS
In Part 5 – SABS, an accident-related death can qualify for Funeral Benefits of up to $6,000 for funeral expenses.
Death benefits may also be given to the surviving spouse or dependents. Other persons could receive Death Benefits in certain cases. A spouse could get $25,000 for funeral benefits. Other dependents could receive up to $10,000.
This amount could be higher, depending on the deceased victim’s insurance policy. The maximum is $6000 for funeral expenses if the deceased has no added options on the insurance policy.
HOUSEKEEPING AND HOME MAINTENANCE EXPENSES
You can qualify for housekeeping and home maintenance benefits up to $100 a week during your lifetime but it depends on your insurance policy.
It only applies if you purchased this option with your coverage or if you suffered a catastrophic injury.
Who can claim accident benefits?
Individuals involved in motor vehicle accidents in Ontario are entitled to file a claim for Statutory Accident Benefits Schedule (SABS). This applies in most situations such as when the victim was at work.
Accident benefit claims are submitted to the victim’s car insurance company.
In rare instances when a victim does not have a car insurance policy or the third party is not insured or not identified, a claim can be submitted to the Motor Vehicle Accident Claims Fund (MVAC) as a last resort.
Compensation for Catastrophic Injuries
The Ontario Financial Services Commission (FSCO) defines the impairments listed below as catastrophic:
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Severe spinal injury as defined by the American Spinal Injury Association, including paraplegia or quadriplegia.
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Impairment that results in a permanent loss in the ability to walk independently, amputation or partial amputation, a crushed limb, burns, or other severe injuries.
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Permanent loss of the use of both arms (the loss of one arm is a partial impairment).
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Blindness
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Traumatic Brain Injury in adults: A comma for one month, severe upper or lower disability for six months; moderate lower disability after one year of a diagnosed brain impairment. The Glasgow Coma Scale is used to determine whether a brain injury is catastrophic.
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Combined physical injuries resulting in 55% whole person impairment (WPI). Symptoms included are chronic pain syndrome, chronic fatigue syndrome, and fibromyalgia.
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Extreme impairment due to a mental or behavioural disorder such as Post Traumatic Stress Disorder (PTSD), a psychotic disorder, or depression. Psychiatric catastrophic impairment is defined by several specific criteria like severely impaired psycho-social functioning and independence, and substantial mental health care requirements.
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Traumatic brain injury in children.
Catastrophic injuries are designated differently for adults and children in the case of brain injury . For other injuries such as blindness or loss of limbs, the criteria are the same for adults and children.
The cap for general damages for Pain and Suffering in Ontario is $310,000 but inflation cancause adjustments over time.
Quadriplegic victims are usually awarded the maximum benefits . A 2007 trial (Gordon v. Greig) resulted in a total of $12 Million in damages for catastrophic injuries suffered in a vehicular accident caused by a negligent driver.
Preparing Your Claim
Gathering evidence is of critical importance in determining the outcome of the case. You must keep all records and details pertinent to your claim including receipts, medical files, records, photos of the accident, etc.
You have two years to file a claim. For this reason, you must be well-prepared, starting with having the right lawyer to represent you!
Your lawyer will give you advice on the best legal options you have. Your doctor or other health professionals must determine the best treatments for your recovery.
Car accident lawyers in Toronto or anywhere in Ontario can help you on your way to financial recovery.
When a settlement offer is made
A settlement is a lump sum amount for the resolution of a tort claim. Your lawyer will inform you when a settlement offer is made.
You need to sign a release when you receive the lump sum amount which will terminate the insurance company’s liability for your personal injury.
The settlement of an accident claim covers your policy for 5 years unless the injuries are catastrophic. A tort claim settlement covers your losses for the rest of your life.
Tort Law vs. Criminal Law
Under the criminal justice system, the court can impose imprisonment as penalty for a crime or impose a fine.
In civil proceedings, the defending party gives compensation to the victim for loss or damage caused. To receive compensation**, the injured party must file a tort claim.**
An injured victim can use a criminal conviction as supporting evidence for a tort claim.
Stages for Filing a Tort Claim
In Ontario, filing a tort claim involves several stages:
- Pleadings: The claim starts when the complainant files a Statement of Claim with the proper court. The other party will be informed and shall file a Statement of Defence.
- Discovery: During this period, both the complainant and defence will submit evidentiary documents.The complainant, assisted by his lawyer, will file medical and financial records to prove the injuries sustained in an accident.
- Examination of Discovery: The defence lawyer may question the complainant about the accident and his injuries. Both lawyers can conduct cross-examination.
- Mediation: At this stage, the complainant and the defending party, assisted by their lawyers, can meet with a mediator to try to reach an agreement. Many car accident claims in Ontario are settled at this stage. It is mutually beneficial for both parties to settle to avoid more expensive litigation expenses.
- Pre-trial conference: If both parties have not reached an agreement, the case will move to a pre-trial conference. The judge will evaluate the case and establish trial expectations.
- Trial: It is very rare in Ontario for car accident claims to reach the trial stage. A judge will handle the case.
Failure to accept a reasonable settlement offer
What happens if a car victim refuses a “reasonable” settlement offer? A judge may award a lower compensation amount at trial. It is even possible for the complainant to pay for some of the defending party’s legal costs.
The bottom line is that you must listen to your lawyer’s advice regarding a settlement offer. He will determine if the amount is “reasonable”.
This does not mean a victim must always accept a settlement offer even if it is much too low. Your lawyer will always negotiate the best offer for you.
Why do you need a lawyer for a car accident claim?
Filing a tort claim is an intricate process and obtaining the compensation you deserve will require a dedicated personal injury lawyer.
Lawyers are experienced in working with claims managers and insurance companies. They also know which experts- life planners, accountants, medical professionals , etc. - to call on to prove a tort claim.
Having a good lawyer to represent you increases your chances of successfully obtaining a reasonable settlement offer.
A good personal injury lawyer with a comprehensive knowledge of insurance law knows what it takes to get compensation and benefits available to you. He also knows how to calculate damages, including future expenses related to your injury.
A lawyer will protect your rights as a victim and obtain compensation for your full recovery.
Did you know?
Accident Benefits have strict deadlines and restrictions.
A victim has only 7 days to notify an insurer about an accident and only 30 days to file for Accident Benefits after the receipt of an application.
A personal injury lawyer will make sure that his client-victim meets these deadlines to receive what he is entitled to by law and get a fair settlement.
FAQS about car accident claims in Ontario
Personal injury lawyers from the JuriGo network can help you claim accident benefits and restitution for your losses.
Learn how from the FAQs below so you can file the necessary claims!
Can I file a personal injury claim for a car accident without a lawyer?
You can try to settle a personal injury claim in Ontario without hiring a lawyer. You must submit a claim with the Ontario Insurance Commission no more than 6 months after the accident.
Why should I hire a personal injury lawyer for a tort claim?
There are many advantages from having a lawyer to assist you with a tort claim related to a car accident. He will take care of all the paperwork and supporting documents to prove your claim and negotiate the best settlement offer so you can recover from your injuries without worrying about compensation.
How much does a personal injury lawyer cost in Ontario?
Most personal injury lawyers charge contingency fees. This means that a victim will pay a percentage from the settlement received. In many cases, lawyers charge from 20% to 33% of the monetary award but the rate can vary among law firms, especially for complex cases.
In addition, law firms could require the payment of out-of-pocket expenses by the lawyer in pursuing the claim. These expenses include filing the Statement of Claim, obtaining medical records, or expert opinions. These disbursements are often paid as the case progresses.
What is the average time to get a settlement offer in Ontario for a car accident?
The settlement process can get resolved in a month or less. But in most cases, it takes about 2 years. It depends a lot on the extent of the personal injury.
How much can a victim claim for a car accident in Ontario?
There are 3 levels of no-fault accident benefits in the province. Each one has a maximum amount for medical and rehabilitation expenses.
For Minor Injury Guidelines, victims can receive a maximum of $3,500). For non-catastrophic Injuries (up to a maximum of $65,000) while Catastrophic Impairment (up to a maximum of $1,000,000).
Who pays the court fees in Ontario?
A judge can order the unsuccessful party to pay for some of the legal costs of the winning party and for his own legal costs when the trial is concluded.
When should I see a lawyer for a car accident?
We recommend you speak to a personal injury lawyer at the soonest possible time after a car accident. This is to ensure you meet deadlines for filing a claim and protect your rights to get compensation.
Contact Personal Injury Lawyers for Car Accidents in Ontario
The best thing to do after getting injured in a car accident is to contact a personal injury lawyer.
While you are not legally obligated to hire a lawyer to claim from your insurance company, it would be a big advantage for you to do so.
Insurers have adjusters whose goal is to save money on claims. If you don’t have a lawyer, you may receive much less than what you deserve.
Maximize the compensation you can get for accident benefits and civil claim for loss or damages with the right lawyer by your side.
Fill out the form on this page, free of charge, to compare personal injury lawyers in your area today!