Car Accident Lawyer Oshawa & Whitby

CAR ACCIDENT LAWYERS SERVING THE OSHAWA AND WHITBY AREA

INJURY CLAIMS AVAILABLE FOR THOSE INJURED IN A CAR ACCIDENT

Being a victim in a car accident can be a very stressful experience – dealing with physical pain, emotional distress, and having to take time off work can all take a toll on your well-being. Our experienced car accident lawyers in the Oshawa and Whitby area can reduce your stress load and help you get the compensation you deserve.

If you are injured in a car accident there are two potential claims you may have.  The first is against the at fault driver. You may be eligible for compensation from the at fault driver for pain and suffering and other losses. There is also potential to have a claim against your own insurance company or that of the other driver’s for what are called No Fault Accident Benefits.

Claims Against an At Fault Driver

If you are injured in a car accident in Ontario, you may be able to claim compensation from the at fault driver in 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

Claims for Pain and Suffering Due to a Car Accident

WHEN CAN I SUE FOR PAIN AND SUFFERING?

In order 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 are able to 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:

  1. Permanent serious impairment of an important physical, mental, or psychological function; or
  2. 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 $30,000.00 unless your injuries award were to exceed $100,000.00.  If your injuries exceed $100,000.00 worth of compensation there is no deductible.

Loss of Income Due to a Car Accident Injury in Oshawa, Whitby or other Ontario City

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 loss 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 have.  

Ask A Car Accident Lawyer In Oshawa Or Whitby About Income Replacement Benefits

If you are unable to work due to a car accident in Whitby, Oshawa or other 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” in order for you to make a claim for loss of income and no deductible applies to your loss of income.

Healthcare Expenses after a Car Accident

If your injury meets the threshold you can claim for healthcare expenses that are not covered by some other source or plan.  

Other Losses

If you are injured in a car accident and you are unable to carry out your normal housekeeping or home maintenance duties, you may be able to sue and recover some compensation for these costs and losses.

CLAIMING FOR THE DEATH OF A LOVED ONE AS A RESULT OF A CAR ACCIDENT

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 under an Ontario statute called the Family Law Act.  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.

There are restrictions and limitations in how and when you can make these various kinds of claims and you should immediately consult with a personal injury lawyer in Oshawa, Lindsay, Whitby or surrounding area for advice if you are in a car accident, if you are injured, or if you have lost a loved one.

No Fault Accident Benefits

Every automobile policy in Ontario contains mandatory benefits which you have access to.  This is a very complicated area and you should seek legal advice from a lawyer that specializes in car accidents regarding these claims but in general there are a variety of benefits available as follows:

  • 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 for more information today.


HOW DO I PAY THE LEGAL FEES IF I MAKE A CLAIM?

You do not have to pay any money up front.  We work on what is called a contingency fee basis which means essentially that you do not have to pay us until your claim is resolved and until you receive money.  Our Personal Injury Lawyers will explain this in detail when we meet with you. In addition to car accident legal services in Oshawa, Whitby and surrounding areas, Kitchen Simeson and Belliveau LLP offers other personal injury legal services in Lindsay, Cobourg, Whitby, Oshawa and surrounding areas.