Hamilton Car Accident LawyersIf you or someone you love has been injured in a car accident in Hamilton, you likely have a lot on your plate. During what is often a scary and stressful time, you should be focused on getting better mentally and physically.

However, if the accident was someone else’s fault, you have the right to a lawsuit and can receive compensation for your injuries, time off work, and other expenses. With the help of an experienced car accident lawyer in Hamilton, you can develop a strategy that will help you maximize your claim.

Whether the injury is from a car accident, motorcycle accident, truck accident, or while you were a pedestrian, the lawyers at Auger Hollingsworth are experienced and knowledgeable in helping people receive the maximum settlement for their injury.

Common Types of Car Accidents

With millions of people driving in Canada every day, accidents are inevitable despite all our precautions. If you were an innocent driver who was injured because of someone else’s negligence, you have the right to compensation.

Here are some common types of car accidents that our firm deals with:

  • Roll-over accidents
  • Impaired driving or DUI
  • Improper lane changes
  • Rear impact accidents
  • Accidents involving commercial vehicles
  • Reckless driving accidents
  • Accidents between cars and bicyclists

Sometimes, despite being an experienced and skilled driver, others’ mistakes can put your safety in jeopardy. If you were in an accident, you should speak with one of our Hamilton car accident lawyers, so we can start building your claim.

Common injuries from car accidents

Car accident victims are often subject to various injuries that can vary in severity. The most common injuries from car accidents that our firm sees include:

  • Whiplash
  • Broken bones
  • Back and neck injury
  • Amputations
  • Cuts and lacerations
  • Spinal cord damage
  • Traumatic brain injury
  • Burns and disfigurement

Experiencing these injuries can be painful, traumatic, and financially draining. They often require care for many years or even the rest of your life. In addition to the missed time off work and wages, the injuries can be a massive source of stress for car accident victims. For all these reasons, if you have been in an accident, you deserve compensation.

Following an accident

If you have been in an accident, get medical treatment as soon as possible. Be sure you report all of your symptoms and constantly update your doctor on your rehab progress. You should also record any expenses you incur due to the accident. These can include medication bills, assistive devices, housework bills, transportation, and missed time from work.

Do not speak with your insurance company about the accident or your injuries until you talk with a lawyer. Your lawyer will explain the proper strategy and approach to conversations with insurance companies so that you can maximize your claim. Furthermore, do not sign any forms or settlement offers the insurance company may send you before speaking with your lawyer. The insurance company may be trying to lowball you and settle for less than your claim is worth. The time to take action is limited, so contact a Hamilton car accident lawyer today to get started as soon as possible.

Insurance Company Policies

Car Accident 2
If you are in an accident, insurance companies can be deceptive. They may try to pay you less than you are entitled to under your policy by downplaying your injuries. They may also try to tell you that your compensation has a cap and will end at some point. In many cases, you may, in fact, be entitled to accident benefits worth more than your policy outlines.

Our Hamilton car accident lawyers are experienced with all the tricks and tactics insurance companies use to downplay your claim. We fight for your interest to ensure you get the maximum compensation.

Based on who is liable for your accident, Insurance companies have a variety of policy types affecting how much compensation you can receive. Here are some examples:

  • Third Party Liability coverage: If a tort claim is filed, damages from another party are covered. The other party can include cars, motorcycles, cyclists, and even pedestrians.
  • Direct Compensation-Property Damage (DC-PD) Coverage: Your insurance company will compensate you directly if someone else is at fault for your accident. The Ontario Insurance Act outlines the Fault determination rules, which can help you assess who was at fault.
  • Statutory Accident Benefits: All drivers in Ontario are entitled to SABs, including income replacement, medical and attendant care. The details are in your car insurance policy.

Car Accident 2In 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.

Hamilton Car Accident Lawyers

Filing a Personal Injury Claim

Filling a personal injury claim allows you to collect compensation when you are injured because of someone else’s negligence. Successful claims will outline the following:

  1. Who was at fault? Did the other driver act negligently or break any rules of the road? For example, the other driver may not have stopped at a stop sign, were texting, or were impaired. A strong claim will present evidence proving the other driver’s negligence.
  2. A successful claim will establish that the victim suffered measurable injuries due to the accident. The insurance company may try to argue that the injuries were preexisting.
  3. The victim will need to provide the insurance with relevant medical records, proof of substantial income loss, and financial damages resulting from the accident. These documents can include prescription bills, tow truck bills, and pay stubs.
  4. Finally, you will need to establish that the at-fault driver has valid insurance. You can file a claim with their insurance to receive compensation.

Working through the above information may not be as straightforward as it seems. The insurance company will work hard to defend their interests, and you should too. Contact an experienced car accident lawyer in Hamilton who knows how to protect your rights.

Compensation for a Car Accident

A common question our firm receives is–how much is my claim worth? All cases are different, so it is difficult to place an exact dollar value on your case before reviewing all the facts. If you were injured due to someone else’s negligence, you might be entitled to two compensation sources. The sources include:

  1. Your own insurance company: You can be entitled to an accident benefits claim from your own insurance company, which will cover medical, rehab costs, income replacement, housekeeping and more. You can claim these benefits regardless of who was liable for the collision.
  2. From the at-fault party. The person responsible for the accident can also be required to pay the additional costs not covered by the accident benefits insurance. These costs can include out-of-pocket expenses, medical rehab costs, and compensation for pain and suffering. In some cases, the victim’s family may be entitled to compensation if they lost a caregiver or companion from the accident.

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:

“I was recently involved in a motor vehicle accident which resulted in a shoulder injury. I contacted Auger & Hollingsworth and recieved professional advice which led to a fair settlement in a prompt manner even through covid-19 they found safe and effective ways to communicate and deliver services. I would recommend them.”

Dar Villeneuve

Rating: 5/5 ⭐⭐⭐⭐⭐

Contact our Hamilton Car Accident Lawyers Today

To improve your chances of receiving a fair settlement, contact our experienced Hamilton car accident lawyers today! Your chance of a fair compensation will dramatically improve if you speak to a lawyer before speaking to an insurance adjustor.

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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