Accident Injury

Motor vehicle accidents are the #1 cause of accidental injury or death in Canada.

When someone is injured or killed in a motor vehicle accident, their life and those of their family members can change forever. The physical, emotional and financial strain that follows is difficult to deal with alone.

There are insurance laws in place to provide assistance to victims of motor vehicle accidents however these laws are heavily regulated by the Provincial Government. The insurance companies know their rights, and they will use them to meet their objectives. You should know your rights too!

Ontario has a combined tort and no-fault automobile insurance scheme. As a result, there are two potential streams of compensation available to accident victims:

The first stream of compensation is Statutory Accident Benefits. These are benefits that are available to every person who has been injured in a car collision, regardless of fault. Every automobile insurance policy includes mandatory accident benefits coverage. Accident benefit coverage is available in each of the following categories:

- Income replacement benefits
- Supplementary medical benefits and rehabilitation benefits
- Attendant care benefits
- Funeral and death benefits
- Non-earner benefits
- Caregiver benefits.

The second available stream of compensation is derived by suing the person responsible for causing the accident. This stream of compensation is only available in circumstances where the collision was at least partly the fault of the other party. In a negligence claim for damages against another driver, an injured person has four areas in which he or she may recover damages from the negligent driver. These four areas are as follows:

- Non-pecuniary general damages for pain and suffering, loss of enjoyment of life and loss of amenities
- Loss of income
- Loss of competitive advantage in the workplace
- Future Care expenses

Family members can also advance claims for damages pursuant to the Family Law Act.
Our main goal when representing a person injured in a car collision is to ensure that they receive full and fair compensation from all streams of compensation that are available to them.