Car Accident Injury
Accident Benefits; Personal Injury Claim
Our personal injury lawyers and medical / rehab consultants have dealt with many car accident personal injury claims with a successful outcome. Our focus is to have our clients cared for and return to their lifestyle.Our focus on car accident injury claims. Many people know that Ontario has a "no-fault" scheme of auto insurance; but few people know what that actually means. Ontario's "no-fault" scheme of insurance is very complicated; and its laws and regulations change nearly year after year.
In the event that you are in a car accident; regardless of whose fault it is; you are entitled to benefits called "accident benefits" from your car insurer. If you do not have car insurance, there are complex priority rules and regulations in terms of who is responsible to pay for your accident benefits.
- Accident benefits do NOT cover your pain and suffering; or your future loss of earnings; or your lost earning potential. These damages are covered in the "tort" part of your claim, which is completely separate and apart from the accident benefits claim.
- Tort claims have their own set of complicated laws and regulations. Accident benefits cover such things as med/rehab benefits; income replacement benefits; non-earner benefits; caregiver benefits; attendant care benefits; and housekeeping/home maintenance benefits. Med/Rehab benefits are for health care/rehabilitation services like occupational therapy, physiotherapy, chiropractic treatment, massage, assistive devices, aqua fit programs, psychological counselling, neuropsychological assessments, housing/vehicle modifications, prosthetics, etc.
- You are entitled to $100,000 of med/rehab benefits over 10 years for non-catastrophic cases; and $1,000,000 for catastrophic cases. There has been some discussion that the $100,000 limit for med/rehab benefits will be reduced to only $25,000, but we will have to wait and see what our government does. Any such reduction will certainly impact on the recovery of accident victims.
- Income replacement benefits are benefits to replace your income up to $400/week. In the event to recover more than $400/week, you will have needed to have purchased optional coverage from your insurer before the subject accident. This $400 per week for income replacement benefits is not guaranteed.
- Insurers put accident victims to great lengths at proving their pre-accident income going beyond producing pre-accident tax returns. Insurers often compel accident victims to show financial statements, sales receipts, invoices and pay stubs. This can be an onerous exercise, particularly on self-employed individuals.
- Non-earner benefits are for accident victims who were not earning an income at the time of the accident. Caregiver benefits are for people who were looking after a child or a person in need of care at the time of the accident. These benefits are up to $250/week, with an additional $50 for each additional minor or person requiring care. Attendant care benefits are for those people who are so seriously injured, that they need somebody else to assist them with their day-to-day living. Assistance with showering, getting changed, grooming, meal preparation, cleaning, grocery shopping or simply general safety will all be taken into consideration in establishing this benefits.
- It's not enough to say that an accident victim requires attendant care. This has to be proved with detailed reports outlining the accident victims impairments and what exactly they need care with and how much care is required. This is prepared in a "Form 1" form. Housekeeping/Home maintenance benefits are paid at a rate of up to $100/week.
- These benefits cover the housekeeping and home maintenance around the home which the accident victim can no longer do. Because accident benefits are so specialized, the Ontario Government has set up a specialized tribunal to deal with these disputes. This tribunal is called the Financial Services Commission of Ontario . FSCO's head office is right around the block from the head office of Goldfinger Personal Injury Law.
We regularly appear at FSCO on behalf of our clients to get them quick and effective remedies for accident benefits and ensuring our clients' peace of mind.
