If you are injured in a car accident, in many instances you will be entitled to a financial award to compensate you for your injuries, lost wages and other related expenses. But how are you paid this money? Who determines how much?
The team of Windsor auto accident lawyers at Greg Monforton and Partners can help to answer these questions and guide you safely through the entire personal injury litigation process. Our accident lawyers are here to help and will work quickly to obtain the maximum amount of compensation for your claim.
You can see us for free and in fact, we only get paid if we win your claim and you collect.
Am I Eligible To File a Damages Claim After My Accident?
It's important to note that as each collision is different, it can be difficult to immediately determine if you have grounds to file a lawsuit for compensation. However, an experienced lawyer will be able to review the details of the incident and help you to understand the options that are available.
In Ontario, eligible auto accident victims have a variety of options that they may be able to pursue:
- Disability Benefits - short and long-term disability benefits may be available to you, should you have been disabled as a result of the crash.
- Fault Based Claims - in the event that negligence from the other driver was the cause of the collision that created your injury, you may be able to claim compensation from that party. Should the accident have been caused by a faulty part or perhaps due to manufacturing defect, the parties responsible for those errors may also be held liable.
- Accident Benefits - accident benefits are often awarded via the insurance policy of the driver however, it is very important to ensure that your filing is correctly categorized so that you recover all that you may be eligible to receive.
An automotive accident lawyer that has previous experience handling car accident claims in Ontario will be able to make sure that your best interests are protected.
How Long Do I Have To File a Claim?
In most instances, for personal injury damages claims in Ontario, the "Ontario Limitations Act" permits a time period of two years after the date of the accident. This means that as an accident victim, you have two years to file your damages claim.
Many legal professionals will recommend that you file your claim within 90 days of the accident.
Common Causes of Car Accidents
According to a recent study released by Transport Canada, more than 115,000 personal injuries were reported in 2016 and approximately 1,700 of these injuries resulted in fatalities.
With these figures in mind, it's important to note that while the circumstances of each collision can be quite different, there are generally some common causes that contribute to many serious motor vehicle accidents.
Some of these include (but are not limited to):
.... just to name a few.
Be Wary of Insurance Adjusters
It's also worth noting that if you or someone you love has been involved in a car accident, after initially seeking medical attention (if required), that individual should also contact their insurance company immediately to advise them of the incident. In most cases, someone from the insurance firm will contact you to discuss the details of the collision including a description of the events that led up to the crash.
Insurance adjusters will be acting in the company's interests first and foremost...
If you were clearly at fault, in most cases you will only be dealing with your own insurance company. However, if another driver was clearly at fault, you will most likely also be contacted by someone from the negligent drivers insurance company. This person will often be the insurance "adjuster".
While the job of the insurance adjuster is to settle your claim on behalf of the company, it's important to remember that they will be acting in the company's interests first and foremost and are not likely to offer you any additional money than they determine is necessary to convince you to discontinue your claim.
NOTE - some very helpful information about the insurance claims process is available in a booklet provided by the Financial Services Commission of Ontario.
Why Should I Hire a Lawyer?
In most instances, if a lawyer decides to take on your case, they will begin working toward building an argument for the damages that are being claimed. As part of making your case as robust as possible, a lawyer will also often begin to gather as much information about the case as possible, including:
- Determining who was at fault
- Collecting any accounts of the accident from witnesses
- Comprehensively reviewing your insurance policy
- Drafting and filing any necessary court documentation
- Calculating all existing damages
- Calculating any anticipated future expenses (medical treatment and similar)
As part of this process, your lawyer may also begin to determine if you may be eligible to claim compensation for:
- Lost wages
- Reduced ability to work
- Pain and suffering
- Current and future medical expenses
- Physical therapy costs
- Mential anguish
In fact - in some instances, industry professionals may also be called upon to help reinforce a case. An example of this may be utilizing a medical professional to testify that a certain type of collision can cause a specific type of injury.
Quite often, these types of strategies are not taken into account by accident victims who are considering filing their own claim.
Types of Collisions
Despite recent advancements in occupant safety, anti-lock braking systems and other accident avoidance technologies, hundreds of motor vehicle collisions occur on our roads every day.
In fact, many of the vehicles that are still operating on our roads have braking and steering technology that was developed more than 35 years ago.
When these factors are combined with traffic congestion, driver distractions and other factors, there can be many different ways that a serious accident can occur.
Some of the most common types of injury inducing collisions are:
Following a car crash, it's a wise choice to talk to a reputable lawyer that is experienced in the handling of accidental injury cases. A reliable solicitor can help to shield injury victims from the insurance company of the at-fault driver and help to fight for your MAXIMUM injury compensation.
With this in mind, many insurance adjusters may also make a compensation offer - advising the injury victim that it is a fair settlement and that a lawyer is not required. Needless to say, this is not necessarily true. Even if you think the insurance company's offer is fair, talking to a lawyer can help to ensure that you have competent advice for your specific case.
In fact, the litigators at the law offices of Greg Monforton and Partners provide 100% FREE initial case assessments to help victims determine if they have grounds to file a claim. If so, they will advise on the best way to move forward with proceedings.
Common Types of Injuries
As many accidents are caused due to negligent driving, a large number of collisions occur with one of the motorists not being aware that an accident is about to take place. This often means that the forces generated at the point of impact can be great enough to cause serious personal injury to all parties concerned along with considerable property damage and loss.
It's also worth considering that drivers are not the only people that can be hurt in a crash. Passengers, pedestrians and onlookers can also become the victims when a collision occurs.
Some of the most common injuries from automotive accidents include (but are not limited to):
... amongst many others.
While some injuries are immediately apparent, others may not appear until a few hours have passed. As with any serious injury, it's important for those that have been involved in a collision to seek the services of a reputable, licensed medical practitioner to ensure that any injuries are treated as soon as possible.
Need Help? Contact Our Windsor Auto Accident Lawyers Today
If you or a loved one has been injured in a car accident and you would like more information on your rights, please contact us today. At the law offices of Greg Monforton and Partners, we understand the trauma that injury victims and their loved ones can endure following an automotive accident.
With this in mind, our entire staff is dedicated to fighting for the rights of individuals - not large firms and corporations - and will fight for your MAXIMUM injury compensation.
We have a team of award winning lawyers, which includes our co-founder Greg Monforton - a Past President of the Ontario Trial Lawyers Association.
Our office is located in Windsor, Ontario, close to the Ontario Court of Justice and we proudly provide comprehensive legal counsel to injury victims throughout the province including:
.... and most of the areas that surround these cities.
To find out how we can help with your injury litigation, contact us today at (866) 320-4770. Our intake staff is ready to take your call and after some initial questions about the nature of your call, you will be quickly connected to one of our lawyers.