If you or someone you love has been injured in a car accident caused by another’s negligence, you may be entitled to compensation for your medical treatment, loss of income, and pain and suffering. In many cases, auto accident victims may find it in their best interest to consult with an experienced lawyer who has strong knowledge of Ontario’s negligence laws and understands how to negotiate with insurance companies.
For more than 35 years, Greg Monforton & Partners’ Chatham-Kent personal injury lawyers have helped numerous victims obtain the compensation they needed after being injured in an accident. We will provide you with a free, no obligation consultation with a Chatham-Kent car accident lawyer to help you understand your legal options after being injured in an auto collision. Partner Greg Monforton is an accomplished trial lawyer who is a member of the Advocates Society and a past president of the Ontario Trial Lawyers Association.
Our team of accomplished lawyers has helped numerous accident victims obtain the justice and compensation they deserve. If you have been injured in an auto accident, we will not hesitate to pursue the maximum compensation you deserve. Contact us today to schedule a free, no obligation consultation. We provide all of our services on a contingency fee basis, which means you only pay us if we recover compensation for you. There is no risk in contacting us to find out if you have a case against the at-fault party.
Call (866) 320-4770 today to schedule a free and confidential consultation.
Compensation for Car Accident Victims
After a car accident, many victims may face financial losses due to factors such as costly medical treatment and loss of income. Fortunately, auto accident victims may be entitled to pursue several types of claims to receive the financial compensation they need.
In Ontario, car accidents are ruled by a no-fault insurance system. This means, no matter who is at fault for the car accident, each person involved must file a claim with his or her own insurance company. Depending on the circumstances of the accident, victims may be entitled to pursue several types of claims.
When you purchase an auto insurance policy in Ontario, insurers are required to provide statutory accident benefits coverage. This is a no-fault policy that provides you compensation after an accident even if you may have caused the crash.
When pursuing statutory accident benefits, you may be entitled to receive the following types of compensation:
- Medical expenses: You may receive compensation for the cost of medical treatment related to the injuries that you acquired during the car accident.
- Income replacement: You can receive compensation the income you lost while recovering from your injury.
- Caregiver benefits: You may receive compensation for certain expenses if you are no longer able to act as the primary caregiver for your beneficiaries after being injured in an accident.
- Non-earners benefits: This compensation is intended for auto accident victims who suffer a disability and cannot receive compensation for income replacement or caregiver benefits.
- Attendant care: Car accident victims can receive compensation for the cost of an aide or caregiver to provide assistance while recovering from their injuries.
- Death and funeral benefits: Family members and dependents of the deceased may receive compensation for the cost of funeral and burial expenses.
Car accident victims may also be entitled to additional accident benefits, including the cost of traveling to doctors’ appointments, housekeeping and home maintenance, and replacing and repairing items lost or damaged during the collision.
Fault or Tort-Based Claims
Auto accident victims may also pursue compensation for the physical and emotional pain and suffering they experience. However, auto accident victims in Ontario can only receive compensation for pain and suffering under the following circumstances:
- You suffered a permanent and serious disfigurement
- You suffered permanent physical, mental or psychological impairment
In Ontario, insurers place a threshold deductible on auto accident claims seeking compensation for pain and suffering. Unless the amount of pain and suffering you are pursuing is more than $126,610.07, insurers will deduct the first $37,983.33 of your compensation. However, this deductible will be waived if the amount of pain and suffering you are pursuing is more than $126,610.07.
To find out if you may be entitled to compensation after an auto accident, contact Greg Monforton & Partners to schedule a free, no obligation consultation. Our Chatham-Kent car accident lawyers have obtained $300 million in verdicts and settlements for our clients. We understand how to accurately estimate the value of your claim and will help you seek the maximum amount of compensation you can receive.
Complete a Free Case Evaluation form to get started today.
Proving Negligence in a Car Accident Claim
In Ontario, victims of negligence have the burden of proof to show their injuries were caused by a breach of duty of care. This means in order to obtain compensation after a car accident, you must prove the collision was caused by the at-fault party’s negligence.
Your Chatham-Kent car accident lawyer will thoroughly investigate your claim to prove your injuries were caused by the other driver’s negligence. However, there are several factors that must be present in your claim to prove negligence. This includes:
- Duty of care: The other driver owed you a duty of care to drive in a safe and reasonable manner. This includes following local traffic laws and refraining from driving his or her vehicle recklessly.
- The reasonable person: To determine if the at-fault party breached his or her duty of care, the court uses the “reasonable person test” to determine the standard of care he or she owed the victim. The court defines a “reasonable person” as an ordinary adult who does not suffer from any disabilities. The court will take into consideration any factors that may have affected the at-fault party’s judgement.
- Foreseeability and causation: Part of the court’s “reasonable person test” determines if the at-fault party is able to reasonably foresee the results of his or her actions. If the court decides the other driver should have anticipated that his or her actions would have resulted in your injury, the court may determine that the other driver breached his or her duty of care.
- Causation: This occurs when the other party was in breach of his or her duty and directly caused your injuries and losses.
- Damages: You suffered measurable damages as a result of the at-fault party’s breach of duty. Measurable damages include any financial losses you incurred after the car accident, such as the cost of your medical treatment and loss of income.
Greg Monforton & Partner’s dedicated car accident lawyers in Chatham-Kent have a strong understanding of Ontario’s negligence laws. We are committed to helping victims obtain the compensation they deserve after being injured in a car accident caused by another’s negligence.
Call (866) 320-4770 to discuss your claim with a skilled lawyer.
Contributory Negligence in Car Accidents
When filing an auto accident claim, it is important to understand which party is at fault for the collision. Although Ontario follows a no-fault insurance system, it also utilizes a contributory negligence law to determine each party’s level of fault in causing an auto accident.
Under contributory negligence, the court will examine each party’s actions during an auto accident that involved two or more people. The court will then assign each party a per cent based on the degree of negligence each party contributed to causing the car accident, according to R.S.O. 1990, c. N.1, s. 1.
If you are found to have partially caused the accident, you may still recover compensation. However, the amount of compensation you can recover through your claim will be reduced based on the per cent of fault you are assigned, as stated in R.S.0. 1990, c. N. 1, s. 3.
For example, you may file a claim seeking $100,000 in damages after being injured in a car accident involving one other driver. However, the court may find that you also contributed to causing the accident and determine you were 30 per cent at fault. In this case, the value of your claim would be reduced by 30 per cent, resulting in a new maximum value of $70,000.
Unfortunately, insurance companies often use contributory negligence to assign an unfair portion of blame on auto accident victims. If this has happened to you, it may be in your best interest to contact an experienced Chatham-Kent car accident lawyer to discuss your claim. He or she will thoroughly investigate the cause of your accident and the other driver’s actions to determine an accurate degree of fault for each party involved in the collision.
To find out if you have a case, call (866) 320-4770.
How Our Lawyers Can Help You After a Car Accident
If you have been injured in a car accident, your main focus should be directed towards your health and recovering. Unfortunately, car accident victims often face difficulties trying to obtain the compensation they need. When this occurs, having an experienced lawyer representing you may help secure your car accident claim.
Our Chatham-Kent car accident lawyers have helped numerous victims pursue compensation after being injured by a negligent driver. We understand how to analyse car accident claims to determine the parties that are truly at fault for the crash and liable for providing victims compensation. We will handle every aspect of your auto accident claim. This includes:
Gathering Evidence to Support Your Claim
Your lawyer will work to gather evidence that supports your claim. This includes:
- Medical records showing your injury was caused by the car accident and is not pre-existing. Your records will also show the cost of your medical treatment and prove the severity of your injury.
- Employment records detailing the wages you earned before the accident. This can be used to show how much income you lost after the accident.
- Video footage of your car accident that shows the at-fault party’s negligence caused the collision.
- Accident reports from first-responding law enforcement officers. The police report will likely identify the party the law enforcement officer believes is at fault for the accident, as well as the time, location and parties involved in the collision.
- Testimony from witnesses who may have been present to see your car accident.
- Testimony from expert witnesses, such as medical specialists, who can support the severity of your injuries and how your life may have been affected by the car accident.
Communicating with Insurance Companies
After a car accident, you will need to file a claim with your insurer to recover compensation. However, handling insurance companies on your own can be difficult. Many auto accident victims receive less compensation than they deserve because they do not know how to communicate with an insurer.
Our Chatham-Kent car accident lawyers have many years of combined experience handling insurance companies on behalf of accident victims. We know how to negotiate with an insurer and are familiar with the methods they use to deny victims’ claims or reduce the compensation they receive.
We are strong negotiators and work with insurance companies to obtain the compensation our clients deserve. If at any time you are required to speak to an insurer, we can explain what you should say to avoid hurting the success of your claim.
Complete a Free Case Evaluation form now.
How Long Do I Have to File a Claim?
If you have been injured in a car accident, you must take action as soon as possible to file a personal injury claim against the at-fault party. In Ontario, the statute of limitations for personal injury cases, such as car accidents, is two years from the date of the accident, according to the Ontario Limitations Act.
Depending on the circumstances behind your car accident, however, there may be several deadlines you should be aware of in addition to the statute of limitations:
- After your car accident, you will have seven days to notify your accident benefits insurer
- You have 30 days to submit an accident benefits application to your insurer
- If you intend to sue the other driver, you must provide written notice to the at-fault party within 120 days (three months) of the car accident.
- If you are filing a lawsuit for vehicle damage, you have one year from the date of your accident to notify the at-fault driver.
If you fail to take action within the two-year statute of limitations or any other deadline that applies to your claim, it will likely be dismissed and you cannot recover compensation. To avoid this, consider working with a trusted car accident lawyer in Chatham-Kent. He or she will know which deadlines apply to your claim and will help you take legal action against the at-fault party within the statute of limitations.
Call (866) 320-4770 to find out how long you have to file a claim.
What Should I Do After a Car Accident?
After a car accident, there are several steps you can take to help ensure your claim is protected and you can pursue compensation for your injuries and losses:
Stay at the Scene
First, you must stay at the accident scene until first responders or law enforcement arrives. In Ontario, it is illegal to leave a car accident scene, whether you were directly or indirectly involved in the collision.
Under the Highway Traffic Act, leaving the scene of car accident is punishable by fines ranging between $400 and $2,000, a license suspension for up to two years, and possibly jail time.
Report the Accident
By law in Ontario, you must report any car accident that resulted in an injury, death or damages exceeding more than $1,000 between both vehicles combined. You will need to contact a collision reporting centre with the Chatham-Kent Police Service and give your version of events.
Collect Information from the Other Driver
While you wait for law enforcement to arrive at the accident scene, collect the other driver’s contact and insurance information. This should include the other driver’s:
- Phone number
- Email address
- Vehicle make and model
- Driver’s license number
- Vehicle tag number
- Insurance carrier
Seek Medical Attention
You should always seek medical attention after a car accident. A doctor will be able to diagnose any injuries you may have suffered and provide you the treatment you need to recover.
Additionally, insurers often look at how quickly victims seek medical treatment after a car accident. If you wait, they may argue you are not really injured or were hurt by something besides the accident. Immediately seeking treatment helps to establish that you suffered an injury during the collision and shows the seriousness of your condition.
Contact Your Insurance Company
Ontario follows a no-fault insurance system, which means you will need to report a car accident to your own insurance company to receive compensation. Typically, you will have seven days to notify your insurer about your auto accident.
When you report the car accident to your insurer, be sure to provide only the basics of the accident. This includes whether you suffered an injury, when and where the accident occurred, and how many people were involved in the collision.
Once you have contacted your insurer, consider consulting with a knowledgeable Chatham-Kent car accident lawyer to discuss your claim. He or she will understand the severity of your injuries and help you determine an accurate amount of compensation you may be entitled to receive.
Contact us to schedule a free consultation.
Contact Our Chatham-Kent Car Accident Lawyers Today
At Greg Monforton & Partners, we have helped numerous car accident victims in Ontario pursue the compensation they needed after being injured by a negligent driver. We understand how to negotiate with insurers and will use our experience and knowledge of Ontario’s negligence laws to help you receive the justice and compensation you deserve.
If you or someone you love has been injured in a car accident, contact us as soon as possible to schedule a free, no obligation consultation. Our team of qualified personal injury lawyers has decades of combined legal experience and will not hesitate to pursue the maximum compensation you deserve. All of our services are provided on a contingency fee basis, which means you only have to pay us if we recover compensation for your claim.
Call (866) 320-4770 to find out if you have a case against a negligent driver.