DO I NEED A PERSONAL INJURY LAWYER?
A: If another party's recklessness, carelessness, or negligence has caused you to suffer a serious personal injury, you should contact a lawyer. Typically, victims who attempt to replace compensation on their own receive smaller settlements, or nothing at all, than those who obtain the services of experienced personal injury lawyers.
Where serious injuries are a concern, the insurance company will and their lawyers will make every effort to immediately obtain and collect information that is favourable to the defence of your claim. They will photograph and analyze the scene, and meet with witnesses. While you and your family spend hours, days or months in hospitals, doctor's offices and rehabilitation clinics, the insurance company is preparing to defeat your claim before it ever even starts.
If someone from the insurance company for the at fault party contacts you following the accident and/or requests to meet with you to obtain information, you should immediately seek legal advice from an Ontario personal injury lawyer. You should talk to a lawyer who is working for you before talking to the insurance company.
WHAT ARE ACCIDENT BENEFITS?
A: If you have been injured in a car accident, you may be entitled to certain financial benefits which can assist you while you are recovering or rehabilitating. Statutory Accident Benefits Schedule (or SABS) is the provincial regulation of benefits which are standardized among insurance companies. Accident Benefits can provide compensation, regardless of fault, if you, your passengers, or pedestrians suffer injury in an automobile accident.
WHICH BENEFITS ARE RIGHT FOR ME?
A: If you look below, you’ll see a brief description of the type of benefit which is offered to the injured party under the portion of your Accident Benefits Claim.
INCOME REPLACEMENT BENEFIT
If you are eligible, this weekly benefit will partially compensate you for the loss of your income if you cannot work as a result of injuries relating to the car accident.
If you are eligible, this benefit would compensate you 26 weeks after the onset of your complete inability to carry on your normal activities.
If you are eligible, this weekly benefit will reimburse you for expenses you have incurred if you cannot continue as the main caregiver for a member of your household who is under 16, or who is over 16 and suffers from a disability.
MEDICAL AND REHABILITATION BENEFIT
This benefit will pay for reasonable and necessary medical and rehabilitation expenses not covered by a government health plan or a supplementary health plan you have already have. So anything that extends past the Provincial Coverage but is necessary for your recovery.
ATTENDANT CARE BENEFIT
This benefit will pay reasonable and necessary expenses for a caregiver, PSW or attendant that you require as a result of the accident. They have to have certain educational qualifications and those credentials must be current and up to date. A family member or spouse may also qualify to act as an attendant. In which case, the benefit would be paid to them from the insurance company. This is only applicable though if the family member who is assisting, has suffered an economic loss as a result of assisting the injured party.
DEATH AND FUNERAL PAYMENTS BENEFIT
There are lump sum payments available for survivors to help pay for expenses and funeral costs for the person (or people) who were killed in a car accident.
WILL I HAVE TO GO TO COURT?
A: The vast majority of cases (about 90% to 95%) settle out of court, and so you probably will not be required to attend a trial. Settlements are often achieved through settlement conferences and mediation.
WILL I PAY AN UP FRONT RETAINER FEE?
A: Most personal injury lawyers in Ontario will advertise “free consultation” or “no upfront fee”, but if we take on your case here at JMJ Law we take the financial risk and we will not charge you any legal services or fees if we cannot recover any compensation for you.
HOW LONG DOES A SETTLEMENT TAKE?
A: That depends on a variety of different factors including the type and severity of injury, how the accident occurred, your estimated recovery time and which insurance company or opposing lawyers that we are dealing with. When it comes to receiving a settlement, you can expect it to take at least a year until an agreement is decided upon by both parties.