Ontario Car Accident Injuries - are you eligible for money and benefits?

by info@ontarioinjurylaw.ca

Are you a victim of a car accident injury in Ontario? You are likely entitled to benefits and potentially a money award or settlement as well
Many people describe Ontario's car accident compensation system as "no fault". This is only partly true.

Ontario's car accident compensation system does offer no-fault benefits (often referred to as "accident benefits") which are available to you in most cases even if a car accident was your fault. These benefits can include compensation for certain out of pocket expenses (such as repairs to your vehicle, the cost of a rental vehicle, damaged clothing, personal effects, and contents in your car), reasonable and necessary treatment expenses, limited loss of income, etc. If, because of your injuries, you require help with your caregiving activities (ie: for children or elderly parents) or your housekeeping activities you may be entitled to hire a professional or a friend or relative to assist you at the insurers expense.

You may also be entitled to commence a lawsuit for additional losses if the accident was not your fault (or if it was not entirely your fault). Some lawyers and other people will tell you that you are unable to commence a lawsuit if you have sustained a "soft tissue" injury. This is incorrect. Soft tissue injuries can be devestating and many lawsuits are commenced in these sorts of cases.

The question of whether it is worthwhile to hire a lawyer to commence a lawsuit is usually answered by the impact that the injury has on the injured party. Some people will, also mistakenly, tell you that you are not entitled to sue unless you meet the "threshold"; you have sustained a permanent, serious impairment of an important physical, psychological or mental function or serious disfigurement (note that all of these words have definitions and have been interpreted by case-law - a lawyer can advise you about whether your injuries may meet the threshold). This is simply wrong. You are only required to meet the threshold to claim for pain and suffering and certain other damages. Whether you meet the threshold or not, you remain entitled to claim for certain other damages such as loss of housekeeping capacity and loss of earning capacity, future loss of income and other expenses and damages. You should speak to a lawyer to assess your case.

A deductible may also apply to a pain and suffering damages award. Under bill 198, recent legislation, the deductible as of the date of publication is $30,000 on most pain and suffering awards that are assessed at or under $100,000. There is no deductible if your pain and suffering damages are assessed at more than $100,000.

It is also important to note that you are not required to meet the threshold, nor is a deductible applied, if the defendant is not a "protected defendant" as that term is defined in the legislation.

Free case assessments by knowledgeable lawyers and more information can be obtained at http://www.ontarioinjurylaw.ca/request.html. There are time-limits to commence an action and there are also other important notice periods. It is advisable to contact a lawyer as soon as possible.

**This article is intended for general informational purposes only. This is not legal advice. Please contact a lawyer to obtain legal advice**

http://www.ontarioinjurylaw.ca is a website offering free information about injury law and facilitating free lawyer case evaluations at http://www.ontarioinjurylaw.ca/request.html

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http://www.ontarioinjurylaw.ca is a website offering free information about injury law and facilitating free lawyer case evaluations at http://www.ontarioinjurylaw.ca/request.html