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Almost all of us drive or ride a motor vehicle such as a private car, a taxi cab or a public transit vehicle. And almost all of us walk or ride a bike on streets coming in close contact with the vehicular traffic. With the amount of vehicular traffic and pace of life accidents have become rather too common to strike any one of us at any time. Some of these are relatively minor causing only property damage. But some of these can result in physical injury with varying degrees of severity. And though we are all trained drivers we all are prone to mistakes. So sometimes you may suffer injury from your own error of judgement while using the roadways in any capacity such as a driver, a pedestrian, a bike rider, a skater etc.
Whatever the case may be, if a motor vehicle is involved in an accident in Ontario, you are entitled to certain benefits. These are called Statutory Accident Benefits since these flow from the Statutory Accident Benefits Schedule (SABS) of the Insurance Act in Ontario. In general terms these are also known as No-Fault Claim or Accident Benefits Claim.
And in cases where someone else is at fault, you are entitled to seek compensation for damages suffered by you over and above what you can recover from the SABS claim.
Then some people have bought separate Accident policies and/or Disability policies from insurance companies or may be covered by a Disability plan from their workplace generally referred to as STD and LTD benefits. Further, there are some provincial and federal plans like EI (Sickness); CPP (Disability); and WSIB.
Statutory Accident Benefits Also known as No-Fault Benefits
This claim is generally referred to as the no-fault claim. Please advise us if optional increased coverage was purchased from your automobile insurer. If it was purchased, then you will be entitled to increased benefits.
Generally, you are entitled to no-fault benefits, for the time period as prescribed by the Statutory Accident Benefits Schedule (SABS), so long as they are reasonable and necessary as a result of the motor vehicle accident. Therefore, please consult with your Family Doctor and treating doctors to determine the best course of treatment and ensure that they agree that their treatment is reasonable and necessary as a result of the motor vehicle accident. We may also need to send you to our experts for their input into your condition as well.
If the no-fault insurer denies any benefit, then you have two years from the date of denial, to either file for arbitration or Court case. A no-fault mediation has to be arranged, before a case can be filed for arbitration or Court case.
Tort / Negligence Claim also known as Third Party Claim
CATEGORIES OF DAMAGES IN THE NEGLIGENCE CLAIM AGAINST THE DEFENDANTS(S) WHO ARE RESPONSIBLE FOR THE ACCIDENT
This claim is generally referred to as the third party claim.
In your negligence claim for damages against the Defendant(s), you have four potential categories of damages, which are as follows:
Family Law Claim
Categories of Family Member Claims In The Negligence Action
This is called Family Law Claim. Your family members have three potential categories of damages, which are as follows:
Limitation Period in the Negligence Claim
You have 120 days from the date of the accident to give initial notice of the Claim to the other driver, owner and insurance company and have 2 years from the date of the accident to file your Statement of Claim in the Court. If your claim is not filed within the time lines, then it will be time barred. The time period may be extended under certain rare circumstances.
Slip/Trip and Fall is another thing that happens more often than we would think. Generally, it is thought of slipping on icy surfaces during winter months in Canada. But it also happens very commonly on slippery or uneven surfaces as well as stairs or flipped edges of floor mats. It can happen in stores, malls, restaurants or even at homes. It is important to know that there are special 10 days notice period requirement against the Municipality on sidewalks or roads. So in such cases it is important to get in touch with a Personal Injury Lawyer at the earliest after the incident even if the injuries don’t look significant early on.
If you have a Long Term Disability plan from your workplace or you may have bought one privately and your claim under the same has been denied then you may have a valid claim to pursue against that insurer. It is imperative that you consult a Personal Injury lawyer at the earliest to evaluate your claim.
The same holds true for CPP (Disability) if you qualify for one.
Many a times a car accident may be more than just a car accident. It may be a failure of the vehicle’s mechanical, electrical or structural design and systems. Likewise, for any other product like bicycle or electrical appliances which can cause serious personal injury to the user or others. In all such cases, there may be a potential case of recovery of damages from the manufacturers and dealers of such products.
Another very important area is the field of negligence by hospitals, doctors, nurses, chiropractors and other healthcare providers. Generally, this is a very tough one to prove for the simple reason that treatment providers are not expected to succeed in all cases they treat. To show negligence one has to prove that the treatment providers failed the test of Standard of Care expected to be provided in a particular case. Many a times you may not be able to recognize the fact that you were victims of such a negligence. The simple rule to follow is WHEN IN DOUBT, CHECK. Especially, in the case of surgeries not gone on expected lines and missed diagnostics of certain serious ailments in a timely fashion. Birth defects are another one to look out for as are other gynecological interventions. So are any strokes suffered within a few days of getting neck adjustments from a Chiropractor.
These are a relatively rare occurrence but the injuries can be very significant at times. There is a special law dealing with claim for damages arising out of such incidents in Ontario.
If you got injured or sick in the course of your employment then you may have a claim against the Workplace Safety and Insurance Board for denial of your benefits. It is particularly important to remember here, as also in the case of LTD and CPP, that your injuries/sickness may not be caused on just one single occasion. These could be a result of years of exposure or repetitive movement.
There can be many more such incidents like falling merchandise from shelves in stores or falling glass and debris from tall buildings. Not all scenarios can be covered here. Suffice it to say that there can be a potential claim for damages from pretty much any personal injury sustained from the negligence of others.
