In 2023 alone, 25,000 motor vehicle accidents resulted in personal injury within Ontario. This means 68 Ontarians were injured a car accident each day. Those collisions caused a total of 616 deaths.

 

While many vehicle collisions are minor, serious crashes can be life altering. Even when immediate catastrophic injury or death is avoided, many individuals find that they do not heal and recover as they anticipated.

 

Individuals injured in car crashes in Ontario have two potential claims. The first claim is called an Accident Benefits or “No Fault” claim with their own automobile insurance company. An absence of car insurance does not prevent the person from be able to make an Accident Benefits claim. Accident Benefits claims through the Statutory Accident Benefits Schedule can be made by an injured individual, even when they are at fault for the accident.

 

The second claim that an individual injured in a motor vehicle collision can make is a lawsuit against the driver who is at fault. Car crash injury lawyers commonly refer to this as a “tort” claim. The at-fault driver’s car insurance company will defend the claim on his or her behalf. Even if an accident is partly the injured individual’s fault, they are still able to commence a lawsuit. Lawsuits in Ontario car accident cases often take 2-3 years to resolve.

 

Ontario Accident Benefit Claims

 

Accident Benefit claims are designed to provide treatment to injured individuals early in their recovery without having to wait for compensation from a lengthy lawsuit. In addition to funds for treatment, if a person is unable to work due to their injuries, they may qualify for income replacement benefits. Depending on the specific circumstances, additional benefits such as housekeeping benefits and non-earner benefits, may also be available.

 

Many individuals who suffer personal injury in a car accident first become aware of Accident Benefits when their automobile insurer sends them a thick envelope full of complex insurance forms.

 

While injured individuals are able to fill out these forms and apply for Accident Benefits on their own, many find the process overwhelming, especially when attempting to recover from their injuries. Additionally, it is best to seek advice from an experienced accident lawyer for guidance, as information provided can sometimes be utilized by the insurer to limit compensation.

 

Obtaining Treatment for Personal Injuries

 

There are three main treatment categories for injured people claiming Accident Benefits  due to car accident injuries. The first is the “Minor Injury Guideline” which has a maximum limit to treatment that can be received of $3,500. Insurance companies often improperly place personal injury victims in the Minor Injury Guideline early in the case.

 

The next category is commonly referred to as the “regular category”. This category usually  provides a maximum limit of $65,000 in treatment funds to the injured claimant.

 

If the injured person has very significant, physical, psychological, or neurological injuries from an accident, they may qualify for the “catastrophic” category, which typically  entitles them up to a maximum of $1,000,000 worth of treatment. If the injured claimant is designated as having suffered a catastrophic impairment from their personal injury, then they also may be entitled to claim housekeeping benefits

 

Obtaining Income Replacement for Personal Injuries

 

Income Replacement Benefits are generally available to personal injury claimants who were employed or self-employed at the time of the motor vehicle accident, or worked 26 of the 52 weeks prior to the collision. An individual wondering if they qualify for income benefits should consult with a personal injury lawyer, as there are numerous exceptions to these general guidelines.

 

Unfortunately, income replacement benefits are usually  limited to 70% of a person’s weekly pre-accident income up to a maximum of only $400 per week.

 

Personal Injury Lawsuits

 

Advancing a personal injury lawsuit or "tort claim" for damages is a legal process designed to help the accident victim recover their losses from the collision. There are several different pots of money, or legally termed - “heads of damage” from which a personal injury victim can claim.

 

One head of damage is known as “Pain and Suffering”. Another is income loss to compensate an individual for income they have lost, or will lose in the future, because of their injuries. Other heads of damage include, housekeeping, out of pocket expenses, future care costs, cost of handyman services, and many more.

 

In cases involving serious injuries or death, certain family members are able commence personal injury tort claims pursuant to Ontario’s Family Law Act. These claims often include some of the same, but some different, heads of damage that can be claimed.

 

For example, out of pocket expenses can be claimed by family members if they were for the benefit of the injury victim in the same way that they could be claimed by the injury victim themselves. However, family members can also claim different heads of damage such as a loss of “care, guidance, and companionship” they received from the victim, or dependency income losses in the case of a fatality. Learn more at at our blog.

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Free Consultation with an Experienced Car Accident Lawyer

 

If you have been injured in a car accident, please don't hesitate to call us at 705-408-4438 or 416-649-8280, or complete the form below for a free consultation.