Benefits & Compensation

 for Car Accident Victims

ACCIDENT BENEFITS

  • Income benefit equal to 70% of gross income, maximum $400/week
  • If unemployed - $185/week payable after 6 months

What is a Catastrophic Injury?

  • Paraplegia or quadriplegia
  • Loss of use of an arm or a leg
  • Total loss of vision in both eyes
  • Brain impairment which rates 9 or less on the Glasgow Coma Scale
  • Brain impairment which rates 2 or 3 on the Glasgow Outcome Scale
  • 55% impairment of the whole person under AMA Guides
  • Class 4 or 5 impairment due to mental or behavioural disorder under AMA Guides
  • Special considerations for children under the age of 16

If catastrophically injured:

  • $1,000,000 maximum for medical and rehabilitation over lifetime
  • $1,000,000 maximum for attendant care over lifetime
  • $100/week for housekeeping/home maintenance for life
  • Services of a case manager
  • Expenses of visitors to hospital
  • Lost education expenses
  • Reimbursement for personal effects destroyed in accident
  • If caregiver - $250/week for expenses incurred to continue to provide care, plus $50/week for each extra person

If not catastrophically injured:

  • $50,000 maximum for medical and rehabilitation over 10 years
  • $36,000 maximum for attendant care over 2 years
  • Expenses of immediate family members to hospital
  • Reimbursement for personal effects destroyed in accident

In cases of death:

  • $25,000 to spouse
  • $10,000 to each dependent
  • $6,000 maximum for funeral expenses

CLAIMS AGAINST AT-FAULT DRIVER

  • Claim for “pain and suffering” – injury must be “permanent and serious” and is subject to a deductible of $30,000, unless the award exceeds $100,000
  • Claim for income loss – 80% of net before trial and 100% of gross after trial
  • Claim for impairment of ability to earn income
  • Claim for out-of-pocket expenses
  • Claims on behalf of family members – subject to a deductible of $15,000, unless award exceeds $50,000
  • Claims arising out of death of family member
  • Claim for excess medical and rehabilitation expenses

TIME LIMITS FOR CAR ACCIDENTS

Note: It is strongly recommended that you obtain free legal consultation with a lawyer specialized in personal injury practice before notifying your insurer or at-fault parties of your injuries/claims.

Car Accidents – Accident Benefits

  • Notify your insurer within 7 days of accident
  • Submit application for benefits within 30 days of receipt
  • Mediate denial of any benefit within 2 years of date of denial

Car Accidents – Claim against at-fault driver

  • Written notice of intention to sue within 120 days of accident
  • Start a lawsuit within 2 years of accident

Other Time Limits

  • Accidents involving streetcar, train or subway – sue within 2 years of accident
  • Car accidents caused by slippery road or non-repair of road
  • provincial road – sue within 2 years of accident
  • municipal road – written notice within 10 days, sue within 2 years of accident

HOW TO CHOOSE YOUR LAWYER

  • Ensure lawyer practices 100% in personal injury litigation
  • Lawyer should provide free initial consultation
  • Car accident lawyer does not ask for a retainer or payments during the case, waits until the end of the case to be paid
  • Lawyer is personally responsible for all aspects of the case, including claim for accident benefits
  • Lawyer is knowledgeable in locating an expert rehabilitation team
  • Lawyer is a member of a large law firm with considerable financial resources

August 2011. Subject to Change