Before making a claim against an at-fault driver, it is essential to understand the meaning of an at-fault car accident. At-fault car accidents are caused due to the negligence of the other driver. For instance, rear-ending another car, driving under the influence, and violating traffic rules, among others, are some ways another driver can be “at-fault” for causing a collision.

Suppose you are injured in a car accident in Ontario. In that case, you may be able to claim compensation from the at-fault driver with the help of our car accident lawyers in Oshawa and Whitby for the following areas:

• Pain and suffering and loss of enjoyment of life
• Loss of income
• Health care expenses
• Other losses such as home maintenance and housekeeping
• And any other out-pf-pocket expense directly related to the accident (i.e., damaged property)

Car accidents can be fatal and stressful! Drivers have a duty to drive at a reasonable speed and to be actively vigilant on the road. At Kitchen Simeson Belliveau LLP, we strive to serve our clients in the best possible way, as you are our priority. Schedule a meeting with one of our lawyers today.

Every automobile policy in Ontario contains mandatory benefits. This is a very complicated area of the law, and you should seek legal advice from a lawyer who specializes in car accidents. Our experienced lawyers know how to maximize your accident benefits claim so that you receive all the benefits available to you.The following is a non-exhaustive list of accident benefits:Income replacement benefits

• Medical and rehabilitation benefits
• Attendant care benefits
• Funeral and death benefits
• Caregiver benefits
• Non-earner benefits
• Expenses of visitors
• Lost education expenses

As set out above, this is a very complicated area and there are restrictions, based on the severity of your injury as to what types of claims you can make. Talk to a car accident lawyer in Whitby and the Oshawa area for more information today.

To sue for pain and suffering due to a car accident, the no-fault insurance legislation in Ontario requires that your injury must cross a “threshold” before you can recover compensation. This threshold is defined in the Insurance Act as requiring your injury to cross a certain level of seriousness. To meet the threshold your car accident injury must result in a:

• Permanent serious impairment of an important physical, mental, or psychological function; or
• Permanent serious disfigurement (i.e. scarring).

If you cross this threshold then you will be entitled to recover compensation. However, your award for pain and suffering will be reduced by a deductible of approximately $44,000.00 unless your injuries award exceeds $150,000.00. If your injuries exceed $150,000.00 worth of compensation, there is no deductible.

If you have lost income because of a car accident, you are entitled to sue for that loss of income. However, you cannot claim for any loss of income for the first seven days after the car accident. The basic entitlement is that you can recover 70 percent of your gross income up to the date of trial. Any income losses after trial are awarded based on 100 percent of gross income less any other income benefits that you may receive.

If you are unable to work due to a car accident in Whitby, Oshawa, or another Ontario city, you may be entitled to Income Replacement Benefits under the no fault benefits coverage of your own insurance policy. Generally, these pay up to a maximum of $400.00 per week, while you are disabled and unable to work due to the accident.

Your injury does not have to meet the “threshold” for you to claim loss of income and no deductible applies to your loss of income.

Car accidents can happen in a variety of situations, and understanding some common scenarios can help you recognize when you might need a lawyer. Here are a few examples:

Rear-End Collisions: These are some of the most frequent car accidents and often occur due to following too closely, distracted driving, or sudden stops. Even seemingly minor rear-end collisions can cause whiplash, back injuries, and other soft tissue damage. If you experience pain or discomfort after a rear-end collision, it is crucial to seek medical attention and consult with a lawyer to ensure you receive fair compensation for your injuries. A lawyer can investigate the cause of the accident, gather evidence such as police reports and witness statements, and negotiate with the insurance company of the driver to maximize your settlement.

Intersection Accidents: Intersections are notorious for car accidents due to multiple traffic signals, turning lanes, and potential for driver error. These accidents can involve running red lights, failing to yield the right of way, or turning left into oncoming traffic. The complexity of intersection accidents often necessitates the expertise of a lawyer. They can analyze traffic light patterns, witness accounts, and accident scene details to determine fault and build a strong case for your compensation.

Parking Lot Mishaps: Parking lot incidents, though seemingly minor, can result in significant injuries. These accidents can involve dooring accidents (opening a car door into the path of another person), backing out of a parking space without due care, or striking pedestrians in crosswalks. Even if the damage appears superficial, underlying injuries can manifest later. A lawyer can help you navigate insurance claims for car repairs, medical expenses, and pain and suffering associated with parking lot accidents.

Uninsured or Under insured Drivers: Unfortunately, some drivers operate vehicles without proper insurance coverage. If you’re involved in an accident with an uninsured or under insured motorist, obtaining fair compensation can be challenging. A lawyer can explore all available options, including filing a claim under your own uninsured motorist coverage (if applicable) and aggressively pursuing compensation from the assets.

Hit-and-Run Accidents: Hit-and-run accidents leave victims feeling frustrated and helpless. However, a lawyer can still assist in these situations. They can work with law enforcement to track down the at-fault driver, utilize surveillance footage or witness accounts to gather evidence, and explore potential compensation options through your own insurance coverage.

These are just a few examples, and car accidents can occur under many other circumstances. If you’re unsure whether your situation warrants legal representation, consulting with a car accident lawyer is always advisable. A Kitchen Simeson Belliveau LLP lawyer can assess the specific details of your case and advise you on the best course of action.

Following a car accident, the physical and emotional toll can be overwhelming. Dealing with insurance companies, medical bills, and lost wages can add further stress. Hiring a car accident lawyer offers several advantages that can significantly benefit your case:

Legal Expertise and Experience: Car accident lawyers possess in-depth knowledge of personal injury law and can navigate the legal system efficiently. They understand complex insurance policies, claims processes, and legal strategies to maximize your compensation.

Case Investigation and Evidence Gathering: A lawyer will conduct a thorough investigation of your accident, gathering evidence such as police reports, medical records, witness statements, and accident scene photos. This evidence strengthens your case and builds a compelling argument for fair compensation.

Effective Communication and Negotiation: Lawyers are skilled communicators who can effectively interact with insurance companies, medical providers, and legal professionals. They can negotiate aggressively on your behalf to ensure you receive the compensation you deserve.

Reduced Stress and Time Commitment: Handling a car accident claim independently can be time-consuming and stressful. A lawyer takes the burden off your shoulders, allowing you to focus on your recovery. They will handle all legal communication and paperwork, keeping you informed throughout the process.

Protecting Your Rights: Car accident laws can be intricate, and insurance companies may attempt to downplay the severity of your injuries or deny your claim altogether. A lawyer ensures your rights are protected and fights for the compensation you are entitled to by law.

Peace of Mind: Knowing you have a qualified lawyer representing your case can provide significant peace of mind during a challenging time. A lawyer will advocate for your best interests and work tirelessly to achieve a successful outcome.

While the initial consultation with a car accident lawyer is often free, you might wonder about the associated costs. Most personal injury lawyers work on a contingency fee basis. This means they only receive a fee if they win your case. The fee is typically a percentage of the awarded settlement, and you would not be responsible for any out-of-pocket expenses unless the case goes to trial. This arrangement ensures affordability and aligns the interests of the lawyer with yours – they only get paid if you are compensated.

Hiring a car accident lawyer in Oshawa following an accident is a wise decision. Their expertise, experience, and dedication to your case can make a significant difference in the outcome. They can alleviate the burden you face, protect your rights, and ensure you receive fair compensation for your injuries and damages. Do not hesitate to schedule a consultation with a lawyer to discuss your options and explore the best path forward for your recovery.

If your injury meets the threshold, you can claim healthcare expenses that are not covered by some other source or plan. Our lawyers will guide you on how you are eligible for medical and rehabilitation expenses that are not covered. Even the additional healthcare expenses will also be reimbursed under a personal injury lawsuit.

You are entitled to claim for the loss of a loved one due to a car accident. If the car accident is caused by another driver, your claim is against that driver and the owner of the vehicle under the Family Law Act of Ontario. This allows family members to claim for loss of care, guidance, and companionship.

You may also be entitled to claim for portions of that loved one’s loss of income if you are financially dependent on them. If a loved one is killed in a car accident, there are other losses that you may be able to claim for, such as loss of home maintenance or handyman services.
For example, if the loved one that you have lost regularly did your home repairs or auto repairs or similar maintenance jobs, you may be able to recover some of the costs of you having to do this in the future.