Reliable Car Accident Lawyer in Oshawa and Whitby

Being a victim in a car accident can be a very stressful experience – dealing with physical pain, emotional distress, and taking time off work can all take a toll on your well-being. At Kitchen Simeson Belliveau LLP, our lawyers have years of experience in handling these and other legal cases. If you are injured in a car accident, you may be eligible for compensation from the at-fault driver for pain, suffering, and other losses. There is also the potential to have a claim against your own insurance company or that of the other drivers for what is called No-Fault Accident Benefits. They will guide you regarding the evidence to be collected after a car accident, such as photos and contact details of the other party, which will help you prove your case better.


A car accident might make everything seem daunting, but with the right legal advice, you can return to where you were. Get in touch with us by filling up a form, and our experienced car accident lawyers in Oshawa will help you get fair compensation.

Claims Against an at-Fault Driver

Before claims against an at-fault driver, it is essential to understand the meaning of at-fault car accidents in Oshawa. At-fault car accidents are the ones that are caused due to the negligence of the driver. For instance, rear-ending another car, driving under the influence, and breaking traffic rules, among others, are some areas covered under at-fault car accidents.

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

Car accidents can be fatal and stressful! Drivers have a duty to drive at a reasonable speed and being 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.

No-Fault Accident Benefits

Every automobile policy in Ontario contains mandatory benefits to which you have access. 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 and the Oshawa area for more information today.



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:

  • 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 $40,000.00 unless your injuries award were to exceed $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 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.


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” in order for you to make a claim for loss of income and no deductible applies to your loss of income.


If your injury meets the threshold you can claim for 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 recovered under a personal injury lawsuit.


Suppose you are injured in a car accident and unable to carry out your normal housekeeping or home maintenance duties. In that case, 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 and also 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.

Some Frequently Asked Questions

When Should I Look for a Car Accident Lawyer?

You can involve an attorney or a lawyer at any point during your case, but it is suggested that you should look for a car accident lawyer as soon as you are injured. Along with your legal issues, it also helps with your medical care. In addition, it increases the chances of settling the claim with your insurance company. You have two years from the date of the accident to complete a legal claim.

What Are the Fees for Hiring a Car Accident Lawyer?

Lawyers who work in this area do so on a contingency fee arrangement. Generally, they take a certain percentage from the awarded amount. However, the fees for a car accident lawyer may vary depending on the duration of your case.

Why Do I Need a Car Accident Lawyer?

In general, car accidents can leave victims struggling with expensive medical bills if they do not hire an experienced lawyer. Our car accident lawyers can assist you with a better insurance settlement than you will get when handling your own case. In addition, you might not be aware of the legal rights or compensations. Our lawyers will educate you about the evidence to be collected that can give you leverage against the other party. In the end, lawyers will negotiate with the insurers to ensure you get every last cent you deserve.

Things to Consider When Looking for a Car Accident Lawyer

When you or someone you know gets injured in a car accident, fighting for suitable insurance compensation becomes vitally important. Having a car accident lawyer helps you navigate the legal process in a hassle-free manner. In addition, our legal experts are dedicated to fairly representing your case in the courts of Ontario.

Factors you can consider when looking for a car accident lawyer:

  • Their years of experience in the field.
  • Their charges or fees for car accident cases.
  • Their ability to communicate with you
  • Their reputation in the community for legal matters.
  • Their accessibility and business location.

Contact Our Car Accident and Personal Injury Lawyers in Whitby and Oshawa Area

There are restrictions and limitations in how and when you can make these various kinds of claims. It is advised that you should immediately consult with a personal injury lawyer in Oshawa, Lindsay, Whitby or the surrounding area for advice:

  • If you are in a car accident.
  • If you are injured.
  • If you have lost a loved one.

At Kitchen Simeson Belliveau LLP, our car accident lawyers understand the various challenges you might be facing. Our experienced and professional lawyers ensure that appropriate medical facilities monitor our severely injured clients while we are dealing with their legal issues.

Get in touch with our car accident lawyers in Oshawa for more information. We would be happy to assist you.

Reliable Car Accident Lawyers in Whitby and Oshawa

Advance your claim in the unfortunate event of an accident with the help of our expert car accident lawyers at Kitchen Simeson Belliveau LLP.

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