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Motor Vehicle Accidents |
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Ontario has a combined tort and
no-fault automobile insurance scheme. As a result, there
are two separate areas of claim potentially available to
motor vehicle accident victims. We ensure that your
rights are protected with respect to both your tort and
accident benefits claims.
Tort - This is a claim against one or
more other at-fault drivers involved in the motor
vehicle accident who, through their negligence, caused
or contributed to your injuries. |
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| This type of compensation is available only when the
injuries you have sustained have resulted in: |
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- permanent serious disfigurement (i.e., scarring); or
- permanent serious impairment of an important physical,
mental
or psychological function
- the death of a family member.
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| Recovery against the negligent
driver(s) will include: |
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- damages for pain and suffering and for loss of
enjoyment
of
life and loss of amenities
- damages for loss of income (past and future)
- damages for any impairment of your ability to earn
income
- loss of competitive advantage in the work-place
- loss of handyman and housekeeping expenses
- future care expenses, including health care costs and
medical
expenses
not covered by the accident benefit carrier
- out of pocket expenses
- damages for family members resulting from the loss of
care,
guidance
and companionship and for services provided to you
as
the injured person
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Under present tort law, any
damage award payable for pain and suffering is subject
to a $30,000.00 deductible, unless the damage award is
in excess of $100,000.00, in which case the deductible
is not payable.
In order to protect your tort claim, it is necessary to
place the at-fault parties on notice of your claim
pursuant to the Insurance Act and ensure that an action
is commenced in the Ontario Superior Court of Justice
within the prescribed time limit, being two years from
the date of the accident. If you do nothing, you may
lose your right to sue. |
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Accident Benefits - Statutory Accident Benefits are
benefits that are available to every insured person who
has been injured in a car accident, regardless of fault
for the collision. Every automobile insurance policy
contains mandatory accident benefits coverage which
includes Weekly income replacement benefits,
Supplementary Medical benefits and Rehabilitation
benefits, Attendant care benefits, Funeral and death
benefits, Non-earner benefits and/or Caregiver benefits.
In the event that a discrepancy arises between you and
your own insurance company as to the quantum or length
of your entitlement to any benefit, it is necessary to
file for Mediation and possibly Arbitration with the
Ontario Financial Services Commission within the
prescribed time limits. |
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Slip & Fall
Accidents |
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If have been injured as a
result of the dangerous condition of property (including
sidewalks), or through the negligent conduct of a
landowner, occupier or business proprietor or
municipality, there may be liability for any injuries
and a resulting claim for damages.
A "slip and fall" or "trip and fall" is a generic term
for an injury which occurs when someone falls as a
result of a dangerous or hazardous condition on someone
else's property. These falls might have occurred as a
result of ice, water or snow, as well as changes or
disrepair in a stairwell, sidewalk or flooring, or as a
result of poor lighting or a hidden hazard, such as a
gap.
It is important to note that unlike motor vehicle
accident claims, there are no deductibles in law for
slip and fall claims. As well, there is no threshold of
injury which must be established by an injured person –
all damages are recoverable for an injury providing that
negligence is provable against an occupier. |
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Wrongful Death
Claims |
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A Wrongful death claim arises
in a situation where a person is killed as a result of
the negligent act of another person. This often occurs
through the careless or reckless driving of another
motorist.
When a person has been killed by the negligent act of
another person, the surviving spouse, children, parents,
grandparents, brothers and sisters of the deceased
person are able to claim for damages for loss of care,
guidance and companionship that the deceased person
would have provided to the surviving family members,
loss of financial support the deceased would have
provided, loss of service the deceased would have
provided to family members, such as household and
homemaking chores, expenses associated with the funeral
and burial of the deceased, as well as other out of
pocket expenses. |
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Disability Claims |
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If you have purchased
disability insurance or are entitled to disability
benefits through your employment, you may claim for
these benefits under any circumstances which result in
your inability to perform your job, including illness or
injury from accident.
In the event that your insurer has denied your claim or
payments are terminated and you continue to be unable to
work, you are entitled to commence an action for payment
of disability benefits providing your injuries are such
that they render you disabled from carrying out the
duties of your employment.
We have successfully sued disability insurers resulting
in payment to our clients of all arrears of payments
with interest and reinstatement of payments, or by
negotiation of a lump sum cash-out of all past and
future payments, having regard to the taxation
consequences of any such settlement. |
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Request a consultation |
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