Being in a car accident in Ontario can be devastating. In Ontario, there are over 30,000 car accidents involving some type of injury every year, many of them resulting in serious injuries. It’s important for you to know your rights should you be injured in a car accident.
What Do I Do If I’m in a Car Accident?
Your first priority must always be the health of your family and yourself. After an accident, you will naturally seek out medical attention. That said, in the immediate aftermath of an accident it is also vitally important that you follow the steps outlined here and in our downloadable Personal Injury Information Kit.
This kit is a free guide which will help you understand your rights, access the help that is available to you and helps you choose the best legal counsel.
You Are Entitled to Accident Benefits If You Are Injured in a Car Accident
What many people don’t understand about car accidents is that they may have two avenues to get the compensation they deserve:
- a tort component (a lawsuit against the person who is at fault); and
- an accident benefit component (compensation for income loss and medical costs through Ontario’s no-fault insurance regime which are often payable by your own car insurer).
Anyone injured in a car accident is automatically entitled to Accident Benefits and claiming these benefits will not affect your insurance rates. Accident Benefits are available whether you were driving, were a passenger in a vehicle, or were a pedestrian hit by a motor vehicle. These benefits are also available even if the accident was your fault.
You May Be Entitled to Bring a Lawsuit (Tort Claim)
The second way for you to receive full and fair compensation for injuries sustained in a car accident is through a lawsuit which is called a ‘tort’ claim.
This means you and your family may have the right to obtain compensation from anyone who was potentially responsible for the collision. These claims against at-fault persons are over and above any Accident Benefits you may be entitled to receive. You can seek compensation for damages such as pain and suffering, income loss from missing work, medical and rehabilitation costs, care costs, housekeeping costs, and other expenses. Your family members may also have a claim.
Be aware of deadlines. In the majority of cases, you must issue a lawsuit within two years from the date of the accident in order to maintain your right to sue. If you do not start a lawsuit within the two-year limitation period you will very likely be barred/prevented from doing so.
Thomson Rogers Lawyers are Experts in Dealing with Car Accident Cases
A lot of things need to happen in the wake of a car accident. It can be hard for a victim who is healing to also file claims, chase down police reports, talk to different insurance companies, and more.
That’s why you should speak to Thomson Rogers. Our lawyers have the experience necessary to represent your interests, connect you with a team of medical experts to assist you on the path to recovery and get you the compensation you and your family deserve. If you have been involved in a car accident, speak to us right away.