Injured in a car accident in Ontario? You have the right to sue the “at-fault” driver for additional “loss” and “damages” not covered by your car accident benefits. Kahler Personal Injury Law Firm is recognized throughout Canada and are amongst the top car accident lawyers in Ontario.
What are Car Accident Benefits?
If you have been injured in a car accident in Ontario, victims can claim compensation from their own insurance company to cover the costs of medical treatment, rehabilitation, replacement of wages, and other care items that can assist in their recovery.
Different levels of benefits are available to car accident injury victims dependent upon the type and extent of the injury and impairments. Under the Statutory Accident Benefits Schedule (SABS) the legal definitions of injury and impairment levels such as “minor injury” and “catastrophic injury” have undergone numerous changes in recent years.
Your insurance company is obliged to pay car accident benefits to you, even if you were at full or partial fault for the car accident. In Ontario, this type of coverage is known as, “No Fault Accident Benefits”. Accident benefits are only payable upon application and approval. Certain time limits can restrict your right to apply for these benefits.
Insurance companies often try to deny benefits or deflect responsibility by attempting to minimize the extent of your injuries. Car accident injury victims have the right to dispute the insurance companies refusal to fully pay their car accident benefits. This process is extremely complicated, and to be successful, requires the analysis and assistance of an experienced car accident lawyer.
What is a Car Accident Lawsuit?
If you or a loved one has been injured in a car accident in Ontario, you may have the right to sue (tort claim) the “at-fault” driver (or other persons responsible for the accident) for additional “loss” and “damages” that are not covered by your car accident benefits.
With some exceptions, the “at-fault” person’s insurance company is obligated to pay for damages and loss. In Ontario, injury victims who suffer serious and permanent injuries can seek to recover damages compensating them for all of their losses, including: pain and suffering, psychological impairment, past and future income loss, future health care, home maintenance costs, loss of car for family members and out of pocket expenses they may have incurred.
Principle of Loss
In Ontario, compensation awards for personal injuries are based on the “principle of loss”. Basically speaking, those who suffer more serious losses – recover more compensation. Future economic losses, such as those from the inability to work or from the need for on going medical care, rehabilitation and support are likely to acquire the most substantial damage awards.
Not everyone is entitled to claim “loss/damage” compensation from the person who caused the car accident. Every car accident tort claim is different.
If you have been injured in a car accident and are suing for car accident “losses”, your level of “fault” or contributory negligence in relation to the car accident can affect the value of your car accident tort claim. Car accident “fault” is expressed as a percentage. As an example, if there was “split liability” were you and another driver were equally 50% to 50% at fault; your right to sue the other drivers insurance company for “damages/losses” would be reduced by 50%. Your right to the previously explained Statutory Car Accident Benefits would not be affected.
Car accidents are extremely complex events and the level of “fault” is rarely “cut and dry”. The financial ramifications associated with “fault” can have a massive impact on the injured victim’s future. This is why it is so important to hire an experienced car accident lawyer to investigate, determine responsibility, support and defend your legal rights to car accident damages/loss.
Brennan Kahler
Led by Brennan Kahler, the lawyers at the Kahler Personal Injury Law Firm are recognized throughout Canada and are among the top car accident lawyers in Ontario.
The Kahler Law Firm only represents injury victims. The Firm has a well-established track record of achieving excellent results for car accident victims. Our lawyers have obtained tens of millions of dollars in settlements and trial verdicts for our clients. The Kahler Law Firm has the experience, knowledge, dedication, staff and financial resources to take on any insurance company.
For Immediate Help
The lawyers at the Kahler Law Firm defend the rights of car accident victims throughout the province of Ontario. We offer free car accident consultations and tort claim assessments. Our lawyers will meet with you in one of our offices, at your home or hospital room. The Kahler Personal Injury Law Firm works on a contingency fee basis. No fees are ever collected until we win, and have recovered your car accident compensation.
