Toronto Car Accident Lawyers
It’s impossible for anyone involved in a car accident to make an objective informed judgment about an accident scene. Even when the police, medical professionals or other authorities are onsite, they cannot be certain of what has happened. At the moment a car accident occurs, damages or injuries may seem to be minimal. Vehicle damages may not be obvious and symptoms of serious physical injuries can be delayed.
Injuries from a car accident often have life-changing impacts such as paralysis, traumatic brain injuries, spinal damage, or even death. When you or a family member are involved in a car accident due to someone else’s negligence, you need the best legal professionals to help you get the best settlement as quickly as possible.
Our lawyers make it easier to file a lawsuit for your car accident
In addition to claiming benefits through your insurance, you may also be able to file a claim against the person who caused the accident. This lawsuit will allow you to sue for losses not covered by SABs and other special damages including:
- Pain, suffering, loss of enjoyment of life
- Loss of income
- Healthcare expenses
- Family Law Act damages (claims by some family members)
- Housekeeping and home maintenance expenses
- Other qualified losses
For most accidents, you will only have two years from the date of the car accident to bring a lawsuit. Two years can fly by very quickly and if you do not file the lawsuit within the time limit, you may not be able to make a claim in court. If you are not represented by legal counsel your claim may be overlooked by the insurers and impact the outcome of your lawsuit. That’s why it’s so important to contact Auger Hollingsworth as soon as possible after a car accident. Our lawyers help people throughout Ontario file insurance claims and lawsuits.
Ontario’s No-Fault and Statutory Accident Benefits (SABs) can be confusing
As part of Ontario’s no-fault car insurance, Toronto residents who are injured in a car accident are entitled to statutory accident benefits (SABs). So, whether you are determined to be “at fault” in an accident or not, you will receive payment of some medical expenses that are not covered by OHIP. Depending on your specific circumstances, SAB may include:
- Income replacement benefits to compensate for lost wages
- Caregiver benefits to compensate a family member who is a caregiver for the injured person
- Non-earner benefit to compensate a victim who cannot carry on life normally when they do not qualify for income replacement or caregiver benefits
- Medical benefits to help cover medical expenses)
- Rehabilitation benefits to cover rehabilitation expenses
- Attendant care benefits to cover non-family caregiver expenses
- Other: You can also recover benefits for items damaged in the accident (e.g., glasses, clothing), housekeeping and home maintenance expenses, family visits, etc.
It’s important that you contact your insurance company within seven days of the accident or your benefits could be delayed. Not everyone is entitled to all these benefits; your insurance agent can let you know what options you purchased. These benefits are not automatic. You have to apply for them using a system of forms from the insurance company. If you do not have your own auto insurance, you may still be entitled to SABs. During your free consultation, Auger Hollingsworth can explain how you can get the SABs to which you are entitled.
Lawsuits for Toronto car accidents are subject to thresholds and deductible
Being involved in a car accident can have life-changing impacts on you and your family. If the other party caused the accident, you can file a lawsuit to claim damages. According to Ontario’s Insurance Act, to sue another party, you must first prove that your injury meets a certain level of severity called a threshold. To meet the threshold, the accident must have caused permanent serious impairment of an important mental, psychological, or physical function or serious disfigurement. If your injury meets the threshold, there is a significant deductible (currently $36,905) applied to these damage claims.
Auger Hollingsworth’s lawyers help accident victims in Ottawa, Toronto, and throughout Ontario in the aftermath of motor vehicle accidents. You can dramatically improve the outcome of your case if you speak to us before you speak with an insurance adjuster. We can help you navigate the difficult process of filing a claim against the at-fault party, proving your case meets the threshold and ensuring that deductibles are taken into account when fair compensation is calculated.
Get a free consultation with experienced Toronto car accident lawyers
Toronto personal injury lawyers, Brenda Hollingsworth and Richard Auger represent victims throughout Ontario who suffer serious injuries (or even death) due to car accidents, motorcycle accidents, truck accidents, pedestrian accidents, cyclist accidents, and other vehicular accidents.
Your insurance company acts in its own interest. The Auger Hollingsworth car accident lawyers look out for your interests.
That’s why it’s important to call us for a free consultation right away when you are involved in an accident. With Auger Hollingsworth, help is always nearby. We’ll meet with you wherever it’s convenient: in your home, at the hospital, by phone or at our office. You won’t pay anything unless and until you get a settlement or judgment.
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.
Get help immediately if you are involved in a car accident in Toronto
Even if you think the damage is minor and your injuries are not serious, you should take pictures and get medical help to document the accident. Many of the most critical injuries (brain injury, internal bleeding, etc.) may not be immediately apparent.
After you have documented the accident scene and received initial medical treatment, contact Auger Hollingsworth and schedule a free consultation. During this recent interview on CTV Morning Live, Auger Hollingsworth car accident attorney, Brenda Hollingsworth, discusses what to do if you are in a car accident.
Face it, right after an accident, you may not be thinking clearly, so it really helps having an experienced Auger Hollingsworth lawyer by your side to help you assess and collect information and file 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 ⭐⭐⭐⭐⭐
Contact a Car Accident Lawyer in Toronto today
Contact Auger Hollingsworth for a free consultation about your accident. We handle many types of accidents: improper lane changes, roll-overs, impaired driving, side-impact, rear impact, parking lot, drive-thru, and multi-vehicle. We represent innocent drivers, passengers, and pedestrians from all over Ontario.
Our lawyers know these accidents cause serious injuries from whiplash, shoulder injuries including rotator cuff injuries, sprain and strain injuries, fractures, internal injuries, eye injuries, spinal cord injuries, traumatic brain injuries, post-concussive syndrome, post-traumatic stress disorder, wrongful death, and more.
Brenda Hollingsworth and Richard Auger are always nearby and will provide you with a free consultation without any obligation. Our clients are always our highest priority. Call us at 1-888-574-4529.
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.