Toronto Injury Lawyer Blog

Ontario has a very complicated accident benefits system for car accidents. Car accident lawyers have to keep up with the changes in the laws, which occur regularly.

If you or a loved one has been hurt or injured in a car accident, you are allowed to claim accident benefits. For some, the most important group of accident benefits are those relating to income, caregiver and non-earner benefits. All of these benefits represent money which is potentially available to you in the event that you are not able to lead a normal life as a result of your car accident.

The thing that insurance companies DO NOT tell you, is that you have the right to chose which benefits you would like. This is called an "election", and there is a special form that you must complete in order to elect one of these three benefits. If you DO NOT elect one of these three benefits, then the insurance company will pick a benefit for you; and it will likely be a benefit which is advantageous for them, and not for you.

The first benefit which you can elect is called an "Income Replacement Benefit" or IRB. An IRB is meant to do exactly what is says it does. It is meant to replace your income in the event that you were earning an income before your car accident. If you did not work or earn an income in the year before your car accident, then there is no point to electing an IRB. You will end up with zero because of the ways the laws are worded for IRBs. In the event that you worked, you may be entitled to 80% of your NET pre-accident income, up to a maximum of $400/week. For many self-employed business owners who report low incomes, it can be difficult to reach this $400/week maximum because their tax returns show that they were earning very little. But for other accident victims with regular and steady paying jobs, proving entitlement to IRBs at the maximum rate is a much different story.

The second income benefit which you can elect is called a "Caregiver" benefit. This is designed for the person who was not working/earning an income before the accident, but who was primarily responsible for the care of another. Accident victims who cared for dependents like young children, the elderly or sick people may be entitled to a caregiver benefit. The caregiver benefit is valued at $250/week, with an additional $50/week for each additional dependent. This benefit can get very high for primary caregivers in large families or who have a lot of dependents. One former client was the primary caregiver for 7 dependents and was collecting; that's $550/week in caregiver benefits. This law certainly recognizes the value of stay-at-home caregivers.

The final income benefit is called a "non-earner-benefit" or NEB. NEBs are for people who were not earning an income before the accident, and who are not primary caregivers for anyone. These benefits are payable if the insured accident victim is disabled from their regular activities of daily living. NEBs are payable at a rate of $185/week, with special rates also available for students.

Whether you earn an income or not; whether you are the primary caregiver or not; Ontario's accident benefits system has some options for you to select.
The problem is knowing which benefit to chose, and how to make that selection. Goldfinger Personal Injury Law has the car accident lawyers who know how to make the best election picks for our clients to ensure they get the most out of their car accident benefits. You can find out more by visiting our website and obtaining a free consultation.

One of the most important things for an accident victim to understand when pursuing their personal injury case is how the laws of damages apply to their individual case. The laws of damages are very important, because at the end of the day, how damages work has a direct impact on how much compensation an accident victim will receive at the conclusion of their personal injury case.

One of the examples that we use to illustrate the importance of how the laws of damages impact personal injury cases, is providing the example of what if Superman were involved in a car accident?

One nice summer day Superman is crossing the street as a pedestrian on his way to the local library. Suddenly and without warning, a drunk truck driver runs a red light and crashes directly into Superman; while Superman is crossing on a green light in between a cross walk. The accident is clearly not Superman's fault.

There is a loud crashing sound at impact as the grill of the truck collides into Superman's body. Smoke flies into the air. But Superman's body doesn't fall back, because Superman has super strength. Superman doesn't even fall to the ground after the collision. Instead, the truck stops in its tracks once it hits Superman, leaving an indent of Superman's body in the front grill of the truck. Superman remains standing, while the truck stops in his path.
Innocent bi-standers stare in shock. They approach Superman to see if he's alright. Superman, being Superman does not even sustain a scratch in the accident. He is completely unharmed.

The police arrive to the accident scene shortly thereafter. They arrest the at-fault drunk driver and put him behind bars. Paramedics tend to Superman, but there is nothing to tend to. Superman, being Superman doesn't need any medical attention. He is perfectly healthy after the accident. Superman co-operates with the police and tells them his version of how the car accident happened. All of the information which Superman provides to police will be used against the drunk driver in the criminal trial against the drunk driver. Superman then leaves the accident scene as if nothing happened.

The next day, Superman consults with a personal injury lawyer about his case. He tells the lawyer that he was crossing the street with a green light in between a cross walk when a drunk driver ran a red light and hit him. Superman is mad because the accident was not at all his fault. Superman is not a greedy person, but given how the accident happened, he feels that he should be compensated.

The personal injury lawyer firstly tells Superman that he's honored and privileged to have him attend at his office, and that he's a big fan of all of his work. The personal injury lawyer then agrees with Superman that the accident was not at all his fault and sympathizes with his frustration. However, the personal injury lawyer then asks Superman what injuries he sustained in the accident. Superman gives the personal injury lawyer a strange stare, because Superman has never known what it's like to be injured. Superman then chuckles: "Injuries? Are you kidding me? I'm Superman for crying out loud! I didn't even sustain a scratch in the accident". The personal injury lawyer tells Superman that he's thankful that Superman was not injured in the accident because then Superman would not be able to do his job of saving the world. But, because Superman was not injured in the accident, there was nothing which the personal injury lawyer could do to help Superman with his case. The personal injury lawyer tells Superman that just because he's been involved in an accident, no matter how bad the accident, regardless if he was 100% not at fault; it does not automatically entitle you to compensation.

The personal injury lawyer then got Superman's autograph to give to his son. He told Superman, that should his condition change and that the experience any sort of pain, trauma, discomfort, anxiety, depression or anything else attributable to the accident, that he should come back to his office to see him again. The Personal Injury Lawyer also told Superman that he had two years from the date of the accident to sue should his condition change.

Superman was thankful for the personal injury lawyer's advice. He left the lawyer's office, and took Lois Lane to the opera later that night. Superman did not have to return to see the personal injury lawyer, because he was completely unharmed.

In Ontario, just because people are injured in car accidents, does not mean they are automatically entitled to compensation. There are tricky laws of damages at play which only a personal injury lawyer can assist you with. Superman did the right thing in consulting with a personal injury lawyer right away after his car accident. The lawyer told Superman that he did not have a case at that point in time. This gave Superman the peace of mind he needed in knowing that his rights were being protected.

If you have been involved in a car accident, or any sort of accident; be like Superman. Consult with a personal injury lawyer right away. But just because you've been involved in that accident, does not automatically entitle you to damages or compensation. Let a personal injury lawyer assess whether or not there is anything there to claim.

Bicycles and motorcycles aren't equipped with the same safety features as the other motor vehicles which they share the roads with. There aren't any airbags, re-inforced steel doors or side curtain absorption cushioning on any motorcycles or bicycles on the roads. Bikes and motorcycles have to share the roads with much larger, heavier and stronger vehicles. Dedicated bike lanes are few and far in between in our cities. Bikes and motorcycles are an afterthought on our roadways. But when a motorcycle or bicycle is involved in a car accident; it's often front page news because the injuries are so severe and can often be life threatening.

A helmet may protect your head, but it may not be enough to save you from serious injury in a bike or motor cycle accident. Brain injury, loss of limb, spinal injury, skin grafting and broken bones are common place in bike and motorcycle accidents.

Given the severity of the damages in these sort of accidents, why would you even risk not contacting a personal injury lawyer right away? A personal injury lawyer will ensure that your rights are protected and help you get the medical and financial support in your time of need.

Motorcycles need some form of insurance. Dealing with the insurance company for these accidents is tricky enough alone. But you don't need car or bike insurance to ride a bike on the road. Dealing with the insurance company of the perpetrator that hit the bike is even more difficult. There are crucial time lines for reporting these accident to the proper insurance company and important forms need to be filed on time Sometimes there may be no insurance company to report to so notice needs to be sent to the Motor Vehicle Accidents Claims Fund. Failure to report these accidents on time, to the proper authorities, and complete these forms may completely ruin what could be a meritorious personal injury case.

Only a personal injury lawyer can help you get the results you deserve and give you and your loved ones the peace of mind that they will be taken care of. A personal injury lawyer will assist you on your road to recovery so hopefully one day, you will be able to ride again.

Many people who have been hurt or injured in an accident ask me why they should contact a lawyer. What will a lawyer do for me that I cannot do for myself?

The answer is simple. A personal injury lawyer will protect your rights to ensure that your claim is protected and to ensure that you are not taken advantage of by the insurance company opposite your claim.

For many, a traumatic accident such as a high speed car accident or bicycle accident represents the first time that they've experienced dealing with a serious personal injury claim. As a first time accident victim, you will not have any idea where to start.

Who do you contact to claim compensation?

Where do you begin to look for medical attention that goes above and beyond our already strained Health Care system after discharge from hospital? Who is going to pay for all of this treatment and all of my out of pocket expenses?

A personal injury lawyer will have all of these answers for you and more. A personal injury lawyer can find the culprit who caused the accident, correspond with the insurance company so that you don't have to; put you in contact with a network of health care professionals like occupational therapists, physiotherapists, social workers, speech language pathologists, neuro-psychologists, psychiatrists, psychologists and case managers to assist you in recovering all while ensuring that the insurer is paying the bill for your treatment and not you.

Personal injury law is complex and ever changing.

There are a plethora of forms that accident victims are required to complete. These forms need to be submitted by certain deadlines which only a personal injury lawyer will know. Did you know that you have to report a car accident for which you are claiming accident benefits within 10 days of that car accident? Did you know that you have to provide notice in writing to a municipality within 10 days of an accident on municipal property? Did you know that you have to report an accident on an Ontario Highway within 30 days if you allege the accident occurred due to poor roadway conditions? Did you know that you have to apply for Mediation at the Financial Services Commission of Ontario before you can sue for accident benefits? Probably not. Failure to know this information is the difference between a successful personal injury lawsuit and a failed one.

One of the most important reasons to contact a personal injury lawyer is because they are familiar with the delicate dance between accident victim and insurance company. Insurance companies are in the business of assessing risk and processing personal injury claims just like yours. They have thousands of people who are trained to gather information from you and analyze your claim.

Insurance companies will insist on taking a statement from you, meeting with you at your home and getting you to fill out forms which you probably don't even understand. The purpose of this is to minimize their risk and liability and ruin your potentially meritorious claim before it even gets off the ground. The specialists and assessment people which the insurance company will send to meet with you are paid by the insurance company to minimize your claim. These people will omit important information which can be devastating to a personal injury claim.

One of the worst things I've ever seen was a woman who was in a car accident and lost consciousness for 2 minutes following her accident. She sustained a closed head injury. She reported blurred vision, memory loss, a stutter in her speech, headaches, loss of sleep, dizziness, loss of appetite and mood swings. Within a week of her accident she was contacted by her insurance company and she agreed to have a person from the insurance company visit her at her home.
The insurance company failed to mention that the person who was visiting her was an occupational therapist who was going to do an in-home assessment of her needs. The occupational therapist from the insurance company omitted to include any of her head injury symptoms in her report to the insurance company. Later, when these symptoms were reported by the accident victim and her family doctor, the insurer failed to acknowledge that these symptoms even existed because they were omitted in the occupational therapy report prepared by an agent for the insurer.

Later, at trial, on cross examination of the same occupational therapist, she admitted that she did 100% of her work for insurance companies and that she failed to ask the accident victim about any head injury symptoms because she did not think them to be important. How could she possibly think that blurred vision, headaches, dizziness, loss of sleep and mood swings were not important? At trial, the insurer was compelled to pay additional damages to this accident victim for its bad faith claims handling.

Had this accident victim not consulted a personal injury lawyer, she would never have been entitled to any compensation because the insurance company had made every effort possible to conceal all evidence of her accident related impairments.
Finally, there is an old adage saying that a self-represented litigant has a fool for a client. That adage could not be further from the truth, particularly when it comes to personal injury claims. Don't get hurt twice. Know your rights. Find out more by visiting our informational personal injury website.

We had a crash on our blog and being always resourceful we decided to take this opportunity to upgrade the blog's look and add some new items. Come back soon.