FAQ: Ottawa injury lawyer answers some common questions.
- I am a pedestrian or a cyclist and I don’t have any insurance, can I be compensated?
- Don’t worry, you are still entitled to receive accident benefits from the driver’s insurance company. If there is no insurance on either side, the Motor Vehicle Accident Claims Fund will cover the accident benefits compensation.
- Do I have a case?
- Every case is different. It is important to speak with an experienced personal injury lawyer as soon as possible after your accident to determine whether or not you should pursue a claim. There are strict time limits and deadlines that must be adhered to to ensure you receive maximum compensation. We offer to travel to you for free consultations and we can tell within our first meeting whether or not you have a case and how much in compensation you might expect.
- I can’t afford a lawyer, what should I do?
- We understand the financial strain that accidents and injuries put on people. We believe that everyone deserves access to justice. We take our personal injury cases on a contingency basis, which means we will cover the costs of your case until it settles. Once it settles, we will recoup our costs from the settlement amount. This means it does not cost you anything and you get paid first. If for some reason your case does not settle and you do not receive compensation, you owe us nothing.
- Is it too late to start a claim?
- If you have been injured in an accident, it is important that you stick to the timelines; however exceptions are made in certain circumstances. If your timelines have expired, it is recommended you speak with one of our experienced Ottawa personal injury lawyers to see whether or not we can help start a claim for you after the deadline. The main timelines to start a claim in Ontario are within 7 days of your accident, you must notify your Ontario accident benefits insurer of your accident. From there, within 30 days of your accident, you must apply for Ontario accident benefits. You are required to put the at fault party(s) on written notice of a claim within 120 days of the accident. Lastly, within 2 years of your accident, you must start a tort claim against the party who is at fault for your accident.
Some of these timelines may be extended, however the most crucial of these timelines is commencing an action within 2 years of the date of the accident or from the date where you knew or ought to have known that you would suffer losses to which you are entitled to compensation.
- What do I do when I leave the hospital?
- When you leave the hospital it is important that you are set up to receive occupational therapy, physiotherapy and other medical supports and that your prescriptions are paid for. Accident Benefits will cover these services; however it’s important that you are receiving all the support you need when you are at home. Our lawyers work closely with your therapy team and can help you find the right therapists. You have enough to think about, let our Ottawa personal injury lawyers help you by getting you all the support and compensation you need.
- Should I talk to the insurance company before I have consulted with a lawyer?
- It’s always best to speak with your personal injury lawyer before you speak with your insurance company. They can then explain your rights and make sure that your report to your insurance company is done correctly and won’t potentially compromise your case. You can also request that the insurance representative deal directly with your injury lawyer on your behalf. This will ensure you are always protected.
This is not to say that insurers will try to do something improper. It is simply that you are best served by a personal injury lawyer who understands the laws and the insurance process, is there to understand your needs, and advocate on your behalf.
- Who completes the Ontario accident benefits forms?
- You may do this on your own; however, we recommend you let us help you. Properly completing accident benefits forms requires skill and experience. Our accident benefit specialists do this daily and we know what we are doing. Any errors may be used against you later on and end up costing you a lot of money in compensation. We won’t let that happen to you. Our team will fill out your Ontario accident benefits forms for you. Let us help.
- Who can make an Ontario insurance claim?
- If you have suffered a personal injuriy in an accident, you likely have rights to making an insurance claim against the person(s) who caused the accident. Claims for damages and financial compensation can be made for personal injuries and are usually covered by insurance companies. These include but are not limited to: accidents involving motor vehicles, including cars, motorcycles, dirt bikes, planes, boats, trains, snowmobiles, ATVs and other motorized vehicles including public transportation; slips, trips and falls on public or private property; defective products injuries or negligence; and assaults.
- What do I do if I can’t work?
- If you have suffered an injury as a result of an Ontario accident, you may be eligible to receive income replacement benefits from your accident benefit insurance company. Income replacement benefits pay 80% of your net loss of income up to a maximum of $400.00 per week. You can elect to purchase additional benefits from your insurance company and can receive up to $1000.00 per week. Depending on what other insurance you have, you may receive short term disability and/or long term disability benefits from private insurance or your employer’s insurance. Lastly, you can apply to Canada Pension Plan for a disability pension. Let us walk you through your options to ensure that you are receiving the maximum amount in compensation when you are unable to work.
- What if I am a student and can’t return to school?
- If you are unable to return to your educational setting, you will most likely be eligible for lost educational expenses to a maximum of $15,000.00 for expenses incurred before your accident for tuition, books, equipment or rent. Let our Ottawa personal injury lawyers help you with this.
- What if I’m at fault for the accident?
- Ontario’s no-fault system means that all involved parties can receive full accident benefits. The insurance company of the at-fault party will cover the expenses. Even if you are at fault for an accident and are injured in a motor vehicle accident; this includes automobile, snowmobile, ATV, bike, motorcycle or dirt bike accident, you will likely be entitled to certain accident benefits paid by your insurance company.
We understand, we care and we’re here to help and our track record proves it.We can’t change the past but we are the Ottawa personal injury lawyers that can help change your future.