Mississauga Car Accident Lawyers
If you have been injured in a car accident in Mississauga, your first thoughts will be on making a rapid recovery, returning to work, and doing all the things you love.
If the accident was due to the negligence or recklessness of another road user (or a car manufacturer’s negligence), you will understandably also want to consider your legal rights and how to recover your losses.
You should not have to pay a financial price if a road user failed to exercise a duty of care to you and other road users.
However, claiming your rightful compensation can be challenging in Ontario because some insurance companies often contest or deny the claim or use delay tactics.
As experienced Mississauga car accident lawyers, we understand the strategies used. We will protect your rights and endeavour to recover the maximum compensation if you are the victim of a car accident.
Types of car accident injury cases in Mississauga
Car accidents are varied and any accident on the roads can result in life-threatening injuries. Even if your injury seems relatively minor, it can impact your life in many ways.
Typically, we represent victims of the following types of car accidents in Mississauga:
- Head-on collisions: Head-on collisions often result in serious and life-threatening injuries because of the force of impact—and you need to ensure that your claim covers all potential losses.
- Hit and run accidents: If you’re injured in a car accident where the other driver flees the scene, it adds complications to a claim for compensation but is still possible with the assistance of our lawyers.
- Pedestrian accidents: Pedestrian accidents are among the most serious cases we deal with—often due to impaired driving or poor road markings. We can help the victims recover losses from the at-fault party.
- Defective vehicle accidents: Sometimes, technical issues with a vehicle lead to accidents and the manufacturer may be held liable.
Typical complications with insurance companies
Dealing with insurance companies about a car accident is never easy, especially if you are trying to recover from an injury.
Insurance companies have teams of adjusters and legal teams who attempt to minimize losses and minimize pay-outs.
To even things up, many car accident victims find it easier to hand the responsibility for communicating with the insurance company (and negotiating a settlement) to an experienced car accident lawyer.
Most claims are settled after a lawsuit is filed but before trial. We may be able to settle through mediation but some cases go to a trial if the mediation process is unsuccessful.
Some of the strategies typically used by insurance companies include the following:
Denying injury claims
Accident benefits and third-party liability claims generally cover injuries suffered in an accident.
A way for the insurance company to avoid paying out is to allege that the injuries caused were a result of something else rather than the accident. They then deny the claim altogether.
It is important, therefore, after an accident, to get formal medical reports and police reports that document the incident and the resulting injuries—and to follow recommended treatment protocols. Our lawyers can help with proving that your injuries are a result of the accident.
Forcing quick settlements
It is often in the interests of the insurance company to encourage an accident victim to settle quickly after an accident before they speak with a lawyer or their injuries worsen.
After an accident, the victim is often vulnerable and can be pressured into signing an agreement that will disqualify them from taking any future legal action.
This is seldom in the interests of the injured party. Any proposed agreement should be reviewed by one of our experienced car accident lawyers before being signed. If you hire one of our lawyers and the insurance company approaches you about a settlement, inform the insurer that your lawyer is handling your claim.
Purposely delaying discussions and negotiations is another tactic of insurance companies.
In some cases, claimants may even drop the case but patience is important. Your lawyer can help force unresponsive insurance companies into engaging in good faith to resolve the claim.
Determining compensation for a Mississauga car accident case
Normally, the compensation you are due involves discussion and negotiations with the insurance company. Alternatively, if the accident involved an uninsured or unidentified driver (who fled the scene), a claim may need to be made with the Motor Vehicle Accident Claims (MVAC) fund.
All drivers in Ontario must carry at least $200,000 in liability coverage to cover injuries caused to other people but not everyone follows the rules.
The total amount of compensation you can claim in a Mississauga car accident case will depend on the extent of your injuries and their impact on the future, the insurance status of the liable party/parties, how many at-fault parties there are, and other factors.
Every third-party liability case is unique and determining a precise amount of compensation is impossible without knowing the circumstances. A seasoned car accident lawyer will be able to calculate a rough estimate based on past cases.
Types of compensation
Generally speaking, you can claim some or all of the following types of compensation in Ontario:
- 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)
- Any other expenses or financial losses
If your family members need to provide care for you because of your injuries, they may also be entitled to compensation.
Bear in mind that third-party liability claims take time to process and this can lead to financial hardship for victims, who must often pay significant medical bills.
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://www.personalinjuryottawa.ca
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://www.personalinjuryottawa.ca
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.
Can you claim accident benefits from your insurance company?
Another type of financial compensation may be available to you after an accident: no-fault accident benefit claims.
Injured parties may be entitled to receive immediate accident benefits from their insurance company, regardless of who was at fault for the accident. These may include:
- Income replacement benefits
- Medical and rehabilitation benefits
- Housekeeping benefits
- Attendant care benefits
- Death and funeral benefits
The cap for benefits depends on the severity of the injuries.
While these benefits should be paid out to any eligible party, insurance companies do not always honour their responsibilities without being forced to. Even if benefits are paid for a time, many find reasons to stop paying them prematurely, especially if a long-term disability is involved.
An experienced car accident injury lawyer will ensure that insurance companies are held to account both for accident benefits and in third-party liability claims.
Do You Need to Hire an Auto Accident Lawyer?
You improve your chance to secure the best compensation by hiring an experienced personal injury lawyer. You will dramatically improve the outcome of your case if you speak to a personal injury lawyer BEFORE you speak to an insurance adjuster.
Read what Camila had to say about us on Google:
“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.”
Rating: 5/5 ⭐⭐⭐⭐⭐
Establish your claim for car accident injuries
The Mississauga 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.