Car Accident Lawyers and how it all works

Gregory Neinstein's Automobile Accidents Legal Blogs

Licensed for 18 years

Attorney in Toronto, Canada

Gregory Neinstein

Serving Toronto, ON

Managing Partner at firm Neinstein Personal Injury Lawyers

Serving Toronto, ON

Since 2000, there have been more than 1.6 million car accidents on Canadian roads. That’s nearly 400 a day, around 200 of which occur in Toronto and the GTA. In the year 2012 alone, approximately 160,000 Canadians were killed or injured in road accidents. It is unsurprising, then, that many Canadians rely on car accident lawyers to help them access compensation to pay for rehabilitative, medical and attendant care following their accident.
How road accident victims access compensation depends on the circumstances of their specific accident. Each traffic accident is unique, and car accident lawyers work hard to determine who is liable for the damages incurred by their clients.

As a driver on Canadian roads, you owe the people with whom you share the road a “duty of care,” meaning you must ensure that the actions you take do not result in harm to others. When a person fails to meet this standard, they may be considered negligent and, in cases where an injury occurs, may have to pay damages.

Negligent actions on the road take many forms, the most common of which is disobeying the rules of the road. Drivers who ignore traffic lights or signage, who fail to signal, who pass illegally, or who disobey speed limits can be considered reckless drivers, and if their actions lead to injuries they may be liable for damages. The same is true for individuals who drive under the influence of drugs or alcohol, or who drive while distracted by mobile devices. Indeed, distracted driving causes nearly as many road accidents today as impaired driving.

How do car accident lawyers prove negligence?

To prove negligence, injury victims must prove that the defendant owed them a duty of care, that that standard was not met, and that they suffered damages as a result of the defendant’s actions.

In some cases, the defendant will not be the driver of another automobile, or there will be multiple defendants. For instance, in drunk driving cases, while the impaired driver has certainly been negligent, the bar or restaurant that has served them may share in the liability. It is the responsibility of venues that serve alcohol to monitor patrons’ intake, and to prevent inebriated individuals from driving when possible.
In rare cases, car accident lawyers may even seek compensation from the host or hosts of a private party.

If a collision is caused by a mechanical malfunction, then the automobile manufacturer may be liable for damages. For instance, if a car’s brakes fail, the driver of that car is unlikely to be held responsible for injuries caused by the ensuing crash. Similarly, if an airbag fails to go off during a collision, and the driver’s injuries are amplified as a result, the auto manufacturer may be held accountable.

When accidents are caused by poorly maintained roads, potholes, un-cleared ice or snow, or malfunctioning traffic lights, the municipality in which the accident occurs could be accountable for the injuries incurred.

Regardless of who is responsible for your injuries, there is a two year limitation period on filing suit, so make sure to contact the car accident lawyers at Neinstein Personal Injury Lawyers as soon as possible following your accident.

No-fault claims

In some cases, your dispute will not be with a negligent driver, but with your insurance company. When you have insurance, you are entitled to no-fault benefits to help cover the cost of care associated with your injury.

Neinstein’s team of car accident lawyers have decades of experience advancing accident benefits claims, meaning we will focus on paper work and legal minutiae, while you and your family are able to focus on your recovery.

How to file an accident benefit claim

To begin with, you must notify your insurance company – or in some cases the insurance company of another driver in the accident – as soon as the accident occurs. From there, paperwork will need to be filed: your employer will have to substantiate your income loss; a physician, chiropractor, therapist, physiotherapist, or another authorized medical professional must substantiate your injuries. If you are self-employed, you must be able to prove your income in order to claim it lost. In certain cases, injury victims are required to submit a sworn statement to an insurance company representative regarding the circumstances of the car accident and the injuries which were a result.

Neinstein’s car accident lawyers will help you along every step of this process. We understand that when an individual is coping with the a serious car accident injury, compiling and filing the necessary documents for a benefits claim can seem like an imposing challenge. Our team will take care of the legal process and connect you with the medical services necessary for a successful recovery.

Available accident benefits

In Ontario, the amount of benefits available to accident victims was recently cut significantly, specifically for those who qualify as having been “catastrophically” injured. Injury victims, victims’ rights advocates, car accident lawyers, and a variety of other groups have raised serious concerns about this new accident benefits policy, which was passed by the Province of Ontario as part of efforts to reduce premiums.

Here are some of the benefits currently available to car accident victims:

  • For car accident victims who do not qualify as “catastrophically injured,” an accident benefits claim will cover medical and rehabilitative expenses up to a limit of $50,000. In cases where the accident victim requires daily care, they may also be entitled to a $36,000 attendant care benefit over two years.
  • When a victim’s injuries qualify as “catastrophic,” they will be entitled to a maximum of $1,000,000 in medical, rehabilitation, and attendant care benefits. Prior to the Province’s June 1, 2016, policy changes, catastrophic injury victims were entitled to $1,000,000 in medical and rehabilitation benefits, plus a further $1,000,000 in attendant care benefits.
  • Victims are entitled to a loss of income benefit, which will be equal to 70 per cent of employment income, up to a maximum value of $400 per week.
  • o If you are unable to perform tasks essential to your employment, this benefit will be paid out for two years following the accident.
  • o If, as a result of the injuries sustained in your automobile accident, you are entirely unable to return to any form of employment, this benefit will continue to be paid out indefinitely.
  • If you are not employed when the accident occurs, you will not be entitled to any weekly benefit for a minimum of six months. If your injuries prevent you from re-entering the workforce you will, after this time, be entitled to a minimum non-earner benefit.
  • Optional benefits are available to individuals who qualify as care givers at the time of their accident. If you are unable to continue your caregiving responsibilities – i.e. providing for children – you may have access to benefits to help you pay for the services of a professional caregiver. This usually translates to a maximum of $250 each week, with an additional $50 available for each additional child.
  • Other types of car accidents

    Although single- or multi-car accidents account for the majority of claims that car accident lawyers litigate, ‘car accident’ cases are not limited solely to car-on-car collisions. Here are some other situations which might require the services of a car accident lawyer.

    Motorcycle accidents

    Motorcycle drivers are far more susceptible to serious injury than other motor-vehicle operators. Motorcycles, though a fun and exciting way to get around, don’t provide the same protections offered by cars, SUVs, or trucks.

    Neinstein’s team of car accident lawyers has years of experience helping motorcycle accident victims access compensation for their injuries, as well as the rehabilitation and medical services they need to recover.

    Bicycle and Pedestrian Injuries

    Vulnerable road users are common victims of motor vehicle accidents. Whether a vehicle fails to leave ample space when passing a cyclist, or a driver loses control of their vehicle and veers onto a crowded sidewalk, cyclists and pedestrians are inherently more susceptible to serious injury when involved in car accidents than the drivers of vehicles.

    As such, Neinstein’s car accident lawyers have worked tirelessly to protect the rights of many injured vulnerable road users. While these injury victims do not have access to the sort of no-fault insurance benefits that drivers do, Neinstein will work to ensure that they have access to compensation and that they are able to focus on their sometimes lengthy recovery while we take care of the legal proceedings.

    Hurt in a car accident? Call Neinstein Personal Injury Lawyers’ team of car accident lawyers today

    When an individual is injured in an automobile accident, their lives may be fundamentally changed in the blink of an eye. At Neinstein Personal Injury Lawyers, our team has decades of experience representing injury victims in courts at every level of Ontario’s judicial system. Our team is dedicated to providing understanding, compassionate, and knowledgeable service that allows our clients and our clients’ families to focus on regrouping and regaining control over their lives, while we take care of the legal minutiae.

    If you or someone you love has been injured in a car accident, contact the car accident lawyers at Neinstein Personal Injury Lawyers today for a free, no-obligation consultation. Visit: https://www.neinstein.com/

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