Car Accident

What to do after a motor vehicle accident?

When you or a loved one suffers a serious injury caused by a motor vehicle accident, the aftermath can be life-changing and overwhelming. You may face a lengthy recovery, daily pain, suffering, a complex insurance claim, and an inability to work or care for your family members, among other unexpected challenges.

At Gluckstein Lawyers, our personal injury lawyers and their teams are committed to your wellbeing. If you require support because you have sustained an injury from a motor vehicle accident, we are here for you. No question is too small. Contact our law firm today to speak with a personal injury lawyer. We are here to listen.

Should I hire a lawyer for a car accident?

If you have been injured due to a motor vehicle accident, it is crucial that you speak to a lawyer. A personal injury lawyer can assess your case and let you know if you can receive compensation for your pain and suffering. It is important to note that there are limitation periods for claiming both ‘Accident Benefits’ and submitting a claim with the Courts.

Should I hire a lawyer for a minor car accident?

Minor car accidents with no injuries usually do not require the help of a lawyer. But if you have been injured, even in a minor car accident, then you should not delay. You cannot take the chance that your ‘minor injuries’ aren’t, in fact, more severe than you think and could lead to life-changing long-term consequences. Contact a personal injury lawyer as soon as possible following an accident.

When should you call a lawyer after a car accident?

It is most important that you do not refrain from or delay consulting a personal injury lawyer following a motor vehicle accident injury. Act now.

If your case has merit and successfully results in a payment of compensation, your legal fees and expenses will only be paid out of the compensation you receive. If we cannot obtain compensation for you, you will not be charged. Of course, there is never any charge for our consultations, whether or not we take your case.

Get your free consultation with a personal injury lawyer

A no-obligation free consultation with a Gluckstein personal injury lawyer is only a phone call away. During the call, our car accident lawyer will discuss your injury, accident, and current circumstances with you and will advise whether our law firm may be able to assist you. We will also always be direct and up-front with you. We will also tell you if our personal injury law firm cannot help you, and we will notify of you the reason(s) why.

Our car accident lawyers in Toronto, Ottawa, Niagara, and Barrie serve clients across Ontario and are here to work with you. Contact our nearest office to set up your free consultation.

Full legal services for car accident claims

At Gluckstein Lawyers, we aim to simplify the legal process so that you can focus on getting better. We will walk you through the various legal resources available and explain how they might relate to your case.

The different types of car accident claims include:

• Automobile accidents
• Motorcycle accidents
• Distracted driving accidents
• Snowmobile accidents
• ATV accidents
• Boating accidents
• Truck accidents
• Bicycle accidents
• Drunk driving accidents
• Pedestrian accidents
• Hit-and-run accidents
• Airplane accidents

How to make an insurance claim

Every car accident case is different, so be sure to speak with a car accident lawyer to discuss the details of your particular situation. Our car accident lawyers in Toronto, Ottawa, and Niagara serve personal injury victims and their families across Ontario.

If you have sustained an injury from a car accident, there are two ways to claim compensation:

1. You may be entitled to receive Accident Benefits, also called no-fault benefits, from your insurance company, regardless of who is at fault for the car accident.
2. You may be entitled to receive an award of damages if another person is at fault or if you are only partly at fault for the car accident. This is called a Tort Claim and is commenced by way of a formal lawsuit.

No-fault accident benefits claim

When involved in a motor vehicle collision in Ontario, you can claim benefits from your own insurance company, regardless of who was at fault. This is usually the first course of action following a car accident. Depending on the specific policy in question, the benefits you can claim can include:

• Medical and Rehabilitation Benefits
• Attendant Care Benefits
• Income Replacement Benefits
• Non-Earner Benefits
• Caregiver Benefits
• Housekeeping Benefits
• Death and Funeral Benefits
• Other Benefits

You must notify your insurance company within seven days, or as soon as reasonably possible, that you wish to apply for no-fault accident benefits. You must file a completed Application Form with your insurance company within 30 days after receiving it.

The Tort claim

If you are a driver, passenger, cyclist or pedestrian injured in a car accident in Ontario and another person is at fault (or partially at fault), you can pursue legal action against the person or persons responsible for negligence. Under personal injury law, a tort claim allows you to claim compensation for damages caused by another party’s negligence. A lawsuit against an at-fault party must be issued by way of a Statement of Claim with the court within two years of the date of the incident.

What can I sue for?

There are various categories of damages that an injured party can seek compensation for by way of a lawsuit, including:

• Pain, suffering, and loss of enjoyment of life
• Loss of income
• Health care expenses
• Family Law Act damages (i.e. claims by certain family members)
• Housekeeping and home maintenance expenses
• Other quantified losses

What is the threshold?

To make a tort claim, you must prove that your injury meets the “threshold” defined by the Insurance Act. The threshold is a description of the level of severity your injury must meet. To meet the threshold, your injury must result in a:

permanent serious impairment of an important physical, mental or psychological function; or permanent serious disfigurement A personal injury lawyer can help you to determine the likelihood that you will meet the threshold.

What if my injury meets the threshold?

If your injury meets the threshold, you may be entitled to recover damages from a motor vehicle accident for pain, suffering, loss of enjoyment of life, health care expenses, Family Law Act damages, and other quantified losses. At Gluckstein Lawyers, we are here to help you understand what damages you can recover. It is important to speak to one of our personal injury lawyers to help you understand your rights. Contact our law firm today.

What if the at-fault party doesn’t have insurance?

If an uninsured or unknown party injured you, you should still seek out legal counsel. Consult a personal injury lawyer and learn if you can make a Tort or Accident Benefits claim.

Insurance companies

Accident victims are not always treated fairly by their insurance company. They may confuse you with legal jargon and make it seem as if you do not have a claim at all when, in reality, you may. Or they may offer you an immediate sum of money in exchange for giving up your claim. Our experienced car accident lawyers will work to advise you on the best course of action for your situation. It is essential to factor in pain and suffering and future long-term needs for your injuries, which could mean that a one-time lump-sum settlement is not sufficient.

Should I provide a statement to the insurance company?

It is highly recommended that you do not provide a statement about your accident or injuries to the insurance company of the party at fault for your injuries, whether you feel fine or are in pain, without first consulting a personal injury lawyer. The insurance company can and likely will use your statement as evidence against you later when you file a car accident claim.

Discretion is advised

Being in a car accident may have been so traumatic for you that you want to speak with your family members and friends about it and possibly talk about it on social media. While you should talk with your closest family members and professionals to deal with the trauma, whatever you say or post online may be used later when you file a claim or are in court because of the incident. In other words, your social media posts may be considered by the court to be public statements even if not intended as such.

Keep good notes

It is a good idea to keep a diary of how you feel on a day-to-day basis and record instances in which your injuries affected your normal activities, such as bending and walking. If the court case is extended over several years following the accident, the diary can be used to help you fill in the gaps of your memory. Moreover, keep anything you were prescribed for your injuries, such as prescriptions, medical aids, or any relevant photographs. These elements are classified as objective evidence, and they are highly valued in accident cases.

We’re here to help

Dealing with insurance companies is one of Gluckstein Lawyers’ specialties, so make sure that you contact our law firm for a free consultation before you encounter difficulties with your insurance company.

What is the average settlement for a car accident?

Across Ontario, a tort claim can only be settled once your personal injuries, and how they may impact your future are fully understood. This means that you must seek the help of medical professionals. Only with a complete understanding of your current and future medical needs can an appropriate settlement be reached.

How does a car accident lawyer help?

Working with a car accident lawyer will also reduce the amount of time your case takes because such a lawyer will know how to best approach your situation. They can help you navigate through the various stages of a lawsuit and advise you when it might be beneficial to settle out of court through arbitration, mediation, or negotiation.

If you’re wondering, “When do I need a lawyer for a car accident?” it is always best to find one right away! Being proactive helps by giving you sufficient time to file the proper paperwork and begin your recovery process.

Why Gluckstein Lawyers?

Gluckstein Lawyers is here to help when you need it most, so you are not alone. Our skilled team will guide you through the complex legalities of a claim. Our in-house medical consultant can help you understand your injuries and connect you or your loved ones with valuable resources. You can contact us for a no-obligation, free consultation. Our personal injury lawyers do not charge any legal fees until your case is settled.

To learn more about how we can help you or discuss a potential claim, contact our personal injury law firm today.