Brampton Car Accident Lawyers

Brampton Car Accident Lawyers

If you are injured in a car accident in Brampton, making a full recovery as quickly as possible is the top priority.

Beyond that, however, consider seeking compensation for your injuries if the accident was due to the negligence or recklessness of another road user.

An experienced Brampton car accident lawyer can assist with your personal injury settlement, requiring the insurance company of the at-fault party to meet its obligations to you.

Our experienced car accident lawyers at Auger Hollingsworth can look after the claims process from start to finish. We will protect your rights and ensure that the road user who caused your injuries will be held to account.

Our lawyers understand the strategies used by insurance companies and counter them with our own strategies to recover the maximum compensation possible for car accident victims in Brampton.

What should you do after a car accident in Brampton?

Whether are an injured pedestrian, cyclist, motorcyclist or car driver, getting treatment for your injuries is the priority after a Brampton car accident.

Depending on the severity of your injuries, certain actions after the accident will ensure your safety and may be helpful for your compensation claim.

First, make the vehicles safe and avoid further accidents. Move your car to the side of the road if you can. Turn on your flasher lights and raise the hood of your car. Then call the police so that an official police accident report of the collision will be made.

Remain at the scene until you have exchanged information with the other driver. Get the name, address, date of birth, and driver’s license details as well as the registration number and insurance company details of the other driver. Stay calm and do not admit liability or accept any responsibility even if you think you may have been partly at fault.

If witnesses are present, get their details and take photos/videos of the accident scene if possible. If you can, sketch the streets, intersections, traffic signals, and location of the vehicles.

Finally, and most importantly, seek legal advice if you have been injured. Accident benefits may cover some of the damages but you may need to file a lawsuit against the at-fault party to recover the full amount of your damages and losses.

What difficulties can there be with claims?

Dealing with insurance companies can be stressful when you are trying to recover from a car accident injury. But someone has to attend to the challenging process of claiming compensation.

Insurance companies have teams of adjusters who attempt to minimize losses. They are usually supported by significant legal resources.

Many car accident victims decide to hand the responsibility of negotiating any potential settlement to car accident lawyers who are familiar with this process.

The majority of claims are settled after a lawsuit is filed and do not make it to trial. During the settlement process, however, we may have to navigate some difficulties due to the actions of the insurance company.

Forcing quick settlements

The insurance company may encourage vulnerable accident victims to settle quickly before they speak with a lawyer or before their injuries worsen.

The victim may feel pressured into signing an agreement that is rarely in their best interests.  This agreement will prohibit any future legal action.

Before signing a proposed agreement, it should be reviewed by one of our experienced car accident lawyers.  If the insurer approaches you about a settlement, inform them that your lawyer is handling your claim and do not continue the conversation.

Denying injury claims

An accident benefits or third-party liability claim may be filed to recover damages suffered from car accident injuries.

However, the insurance company may claim that the injuries were not a result of the accident and deny the claim altogether.

After your accident, you need to obtain medical reports and police reports that document the incident and the resulting injuries—and follow all recommended treatment protocols.

Our lawyers will prove that your injuries are a result of the accident so that the claim cannot simply be denied.

Delaying strategies

Purposely delaying discussions and negotiations is another strategy commonly employed by some insurance companies.

Patience is important in car accident injury cases and it is important not to give up. Your lawyer can help force unresponsive insurance companies into settling in good faith and resolving the claim.

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What is the key evidence in car accident injury claims?

Even when the cause of the accident seems obvious to you, it can be contested by another road user or the insurance company of the at-fault party.

This is why accident injury claims must be supported with ample evidence. The key evidence in car accident injury cases is usually the following:

  • Police reports
  • Statements from eyewitnesses
  • Photo and video evidence
  • Income reports
  • Medical reports and bills

In some cases, medical or accident reconstruction experts are required to give evidence.

Our car accident lawyers at Auger Hollingsworth build cases by gathering this type of evidence to prove the extent of your injuries, the fault for the accident, and your damages and losses. We will also prove that the injuries are a direct result of the negligence or recklessness of the at-fault party.

In this second part of a 3-part interview personal injury lawyer Brenda Hollingsworth describes what steps to take after an Ontario motor vehicle accident.

Get a FREE assessment from us here https://ahinjurylaw.com/

Are you looking for expert advice after an accident? The smartest step you can take after any accident is to connect with a personal injury lawyer for a FREE consultation.

In Ontario, Canada, Personal injury lawyers Brenda Hollingsworth and Richard Auger with their team of experienced lawyers offer FREE, no-pressure, advice about your rights and entitlements when you have been hurt.

For more information on whether you have a claim for car accidents, motorcycle accidents, bicycle accidents, any other road accidents, accidents at work, slips and falls, etc, go to https://ahinjurylaw.com/

The interview also discusses what information you should collect at the accident scene before you leave.  Get the other driver’s name, address and driver’s license. Wait for the police if they have been called.

It is also important to get medical attention as quickly as possible.  It is easier to prove your injury was caused by the accident if you see a medical doctor as soon as possible after the accident.

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What is the value of your car accident case? 

Estimating the value of your car accident injuries case is impossible without knowing the circumstances and the extent of your injuries.

However, based on the experience of previous cases, one of our seasoned Brampton car accident lawyers will be able to provide “ballpark” figures after an initial consultation.

Your settlement will depend on factors such as the following:

  • The extent of your injuries and how they will affect your future (if at all)
  • The length of your recovery period
  • How the injuries affect your current and future earnings
  • How the car accident happened – was it a rear-end, sideswipe or head-on collision?
  • The number of liable parties involved in your accident
  • Whether you were partly at fault for the accident
  • The strength of the evidence gathered to support your claim

What types of compensation can you receive?

You may receive some compensation from accident benefits provided by your own insurance policy regardless of who caused the accident.

To earn compensation in third-party liability claims for car accidents, you must be able to prove that the at-fault party was negligent (or reckless) in their duty of care to you and that your injuries were a direct result of the accident.

Assuming that your car accident lawyer can prove this, you may be entitled to some or all of the following types of compensation:

  • Medical expenses
  • Lost income and benefits
  • Lost earning capacity/loss of opportunity
  • Loss of enjoyment of life
  • Pain and suffering (in the case of permanent, serious disfigurement or permanent or serious impairment of an important function)
  • Recovery of any other expenses or financial losses (e.g., property damage)

Normally, your settlement will depend greatly on negotiations with the insurance company. If your accident involved an uninsured or unidentified driver, we can help you by filing a claim with the Motor Vehicle Accident Claims (MVAC) fund.

To determine the claim amount, the amount of your damages and the extent of your injuries will be considered.

 A knowledgeable personal injury attorney can help you negotiate the best settlement or fight for a higher claim amount in court.

What Our Clients Say:

“This is more of a personal thank you rather than a review. Thank you to the whole Auger Hollingsworth team for the amazing service they have provided me in distressing times. Before making my decision to go ahead with Auger Hollingsworth, I had previously made phone calls to other lawyers. It was upon meeting Bianca there that I was certain this was the team I wanted to deal with. They kept all my records super organized, answered my phone calls and emails in a timely manner, and pushed to close the case within just over 4 years after the car accident. When you deal with a painful situation, you want people who understand your case, who take the time to explain the process and clarify any of your questions, and who communicate in a clear manner for the common citizen who isn’t in law. That’s exactly what they did, and more. I’ve gone to 2 of their locations and in both of them it was clear that everyone working there is happy to be there, which makes it obvious that the leadership is stellar. So, thank you to the whole team, to the various lawyers who helped me, to everyone I interacted with while I was there, because without you I would still be in pain with less funds to take care of my health.”

Camila Bousquet

Rating: 5/5 ⭐⭐⭐⭐⭐

Claim for car accident injuries in Brampton

The Brampton car accident lawyers at Auger Hollingsworth will build your case through medical records, expert medical testimony, and other relevant evidence that proves the severity of your injuries and maximizes your claim.

We are committed to supporting you at this traumatic time for you and your family and advocating for your interests.

Start by discussing your case during a free case evaluation.

Car Accident Frequently Asked Questions

Car accidents can be traumatic and knowing what to do afterward can often be confusing. Here are some FAQs about car accidents and settlement claims in Canada:

It is not possible to know exactly how long your claim will take, but there are some factors that can give you an idea. First, the more complex your case, the longer it takes. If your case goes to court, it could take a couple of years to resolve. On the other hand, simple claims are usually handled in less than a year.

The statute of limitations for personal injury lawsuits in Ontario is two years. This means that unless there are exceptional circumstances, you have two years from the date of the accident to file a claim in the courts.

Exceptional circumstances might be new evidence coming to light that holds another party liable for the accident, for instance.

If you miss the two-year deadline, it usually means that the court will not hear your case.

There are other time limits to be aware of in connection with claims in Ontario: for instance, there is a 30-day limitation period to submit your application for accident benefits to your insurance company, 10 days to submit medical records to your insurance company before benefits are cut, and 30 days to send an updated Disability Certificate OCF-3 from your family doctor.

Generally speaking, the sooner you call one of our personal injury lawyers after your accident, the sooner we will be able to claim the compensation you are entitled to.

If you are injured on the roads in Ontario, there are two possible avenues for receiving financial assistance and benefits.

Firstly, regardless of whose fault the accident was, you may be able to claim accident benefits from your automobile insurance policy, including income replacement, medical costs, rehabilitation, attendant care, and housekeeping.

Secondly, if the accident was no fault of yours, you may be able to claim the insurance company of the at-fault party. This includes compensation for pain and suffering and bodily injury, which are not covered by your own insurance policy.

If you suffer an automobile accident on the roads in Toronto, speak to an experienced car accident injury lawyer to understand your legal options and the compensation you may be able to claim.

It is important to take the following steps after being involved in a car accident – in the interests of your health, safety, and legal position:

  • Remain at the scene – do not attempt to drive away
  • Seek medical attention for any injured parties
  • Call the police
  • Even if you do not feel injured, get checked by a medical professional
  • If possible, exchange names and contact information with the other drivers involved, including vehicle registration numbers and insurance information
  • If possible, obtain the names and contact information from any witnesses to the accident
  • Take photos or videos off the scene and of any injuries suffered by those involved (including you)

Additionally, you should notify your auto insurance provider and speak to one of our car accident lawyers to assess whether you have a valid personal injury claim against an at-fault party.

Passengers in cars have rights in Ontario. If you are involved in an accident due to the negligence of the driver of the vehicle, you may be able to file a claim.

All vehicles in Ontario must be insured and this coverage may be available to pay for losses sustained from any injuries you suffer.    ​

However, in these situations, the passenger often knows the driver. This can create a potentially uncomfortable situation for both parties.

There can be some confusion between the types of adjusters that you need to deal with when claiming from insurance companies after a car accident.

Insurance companies in Canada are likely to employ both accident benefit adjusters and tort adjusters. These professionals are responsible for investigating claims, establishing the cause of a loss, and determining whether it is covered by your insurance policy.

The accident benefit adjusters will usually work for your own insurance company, assessing your claim for no-fault accident benefits (e.g., income replacement benefits, attendant care benefits and housekeeping benefits).

Tort adjusters we deal with are more likely to work for the at-fault party’s insurance company and will assess claims for pain and suffering, bodily injury, past and future loss of earnings and any other losses not covered by accident benefit policies.

If both the accident benefit adjuster and tort adjuster work for the same company, any collusion or collaboration on your case is forbidden without your explicit consent.

Car accident injuries may result in damages from the at-fault party as well as accident benefits from your own automobile insurance policy.

Damages from the at-fault party may include property damage, medical expenses, lost earnings, and pain and suffering.

Only around one in a hundred personal injury cases in Ontario end up in a trial in the courtroom.

While it may sometimes seem like a trial is the only solution, insurance companies prefer to settle out of court. However, this process can take time and we must be prepared to go to trial if the compensation you are due for your injuries is not offered by the insurance company.

This is where the quality of your legal advice comes in. Many people who don’t hire lawyers for personal injury claims, unfortunately, settle for less than they are entitled to.

Experienced car accident injury lawyers understand how much you should receive and will not settle for less than this amount. It is in their interests, as well as yours, to hold firm on this amount.

If the two sides are far apart in their estimates of compensation, disagree on liability, or credibility issues are raised, the case may end up at trial with a judge deciding how much compensation is to be paid.

It is normally in the interests of both sides for a trial to be avoided as trials are unpredictable, time-consuming, and a matter of public record.

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