1-800-964-0361
If you have been injured in a motor vehicle accident on an Ontario roadway, you may be entitled to sue the at-fault party. And you may not. How do you know?
Immediately after your accident, OHIP and any extended plan will cover your medical costs. Under Ontario’s no-fault insurance rules, your claim for benefits goes to your own insurance company even if the accident was not your fault. If you are a passenger or pedestrian, your application for benefits will be directed to the driver’s insurance company. Of course, your insurance has limits on what they will pay after an accident. Often, these amounts don’t come near to compensating a victim for extensive medical care and loss of income. That is when a suit against the at-fault party becomes a viable option and when fault becomes important. When a victim has sustained permanent injuries and chooses to sue the responsible party after an accident, establishing fault is imperative.
In order to ascertain fault, a proper investigation must be done. That is why it is important to gather as much information as possible at the accident scene. An Orillia injury lawyer will send out an investigator to gather any images of the scene of the accident, speak to witnesses, police officers, and first responders.
Even then, the injured party must prove two things. Are the sustained injuries serious and permanent? In Ontario, in order to be compensated for pain and suffering, the injuries sustained must have caused permanent serious disfigurement or permanent serious impairment of an important physical, mental, or psychological function. A minor injury will not be considered. But injuries that have prevented you from returning to your normal life may meet this criteria. That is why retaining the services of a personal injury lawyer in Orillia can help separate fact from fiction.
Is a suit worth it? Again, that depends. For an injury to be considered in a pain and suffering suit, it must meet monetary guidelines. There is a statutory deductible imposed on claims depending on the about of the claim. If the claim is not greater than the designated monetary threshold, the deductible is applied against the award. Since the deductible is almost one quarter of that threshold, it is worth considering. This can be complex and should be left to an experienced personal injury lawyer in Orillia to help you determine whether your claim amount and injuries fall within the parameters necessary to prove pain and suffering.
An experienced injury lawyer in Orillia will be able to analyze whether a suit makes sense after an injury due to an accident. Contact the legal team at Makaronets Law https://makaronetslaw.ca/stouffville-personal-injury-law.html to ensure your rights are being represented and get the most comprehensive legal representation after an injury.