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Know Your Rights

Applying for compensation after being injured in a car accident is a complex and time-consuming process. In the case of a lawsuit, for example, it normally takes three years before a settlement is achieved. If you’ve been injured in a car accident, it is important to understand your rights.

There are two types of compensation available to people who have been injured in a car accident in Ontario, accident benefit claims and lawsuit, or tort, claims.

With an accident benefit claim, anyone injured in a car accident is entitled to some form of compensation. In accordance with the province’s “no-fault” insurance system. This is true regardless of who is to blame and who is injured. Whether the injured person is a driver, passenger, or pedestrian, he or she is entitled to some form of compensation including medical and rehab expenses, caregiver and dependent care costs, loss of income, and housekeeping expenses. If you’ve been injured in a car accident, you must submit an Accident Benefits Claim form to your insurance company as soon as possible. The amount of the benefit you might receive varies from case-by-case basis but it is typically governed by the Statutory Accident Benefits Schedule.

In the case of a lawsuit, or tort, claim, if you’re injured in a car accident that you’re not responsible for, you are also entitled to sue the at-fault driver as long as you file the lawsuit within two years of the accident. There are three main claims for damages. The first, pain and suffering, relates to both your physical and psychological injuries. Amounts for pain and suffering vary depending on the seriousness of your injuries and whether or not they are permanent. Loss of income, the second type of claim, refers to 80% of the injured victim’s net after-tax income loss (up to trial) and 100% of future loss of income post-trial. The third type of claim relates to the new cost of past and future care. Damages in some cases can be in the millions.

Related Information

My name is Penny Lyn Roberts I was in a serious car accident when I was sixteen years old.

When I needed to look for a lawyer because of the accident I was in, I had heard of Richard Shekter through a few people that I knew. I interviewed him and I will say I was very happy, comfortable, and satisfied with Richard, who presented himself very well. When my case was on trial I was very nervous and unsure what to expect from the insurance company, opposing lawyers and their questions. The questions made me very uncomfortable but Richard was able to object and not have me answer certain questions or have them rephrased in a way that made me more at ease. I want to recommend Richard Shekter to anyone who is looking for an excellent lawyer. He works day and night making sure that everything is done to meet his client’s expectations.

I am very happy with the results of my case (Roberts vs. Morano) and I owe a big thank you to Richard and his staff. They all did such an amazing job. They were very nice, caring, and worked hard to make sure that I received what I deserved. Richard will not give in until his clients get what they should.

Penny Lyn Roberts

Roberts vs. Morano

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