If your child has been injured in an accident in Ontario, it’s important that you consult with an experienced personal injury lawyer before you meet or speak with your insurance company. The rules surrounding a child personal injury lawsuit and settlement are different from in a settlement case involving an adult.
When a parent commences a personal injury lawsuit on behalf of a child, they need to understand that their child will not receive the settlement monies until they reach the age of 18 years old. We often have clients who are unsure what to do with the compensation they receive for their child. Depending on the circumstances, we recommend several different options. A structured settlement is often the best solution for a child’s settlement. A structured settlement is when a registered insurance company will take over the settlement monies and pay out a set amount each year over the course of the child’s life. In most cases this pay out amount is also a tax-free set amount. Depending on the age of the child at the time of the accident, this usually makes the most sense. If the injured child is close to reaching 18 years of age, it may not be the most cost-effective plan, as the fees associated with a structured settlement might outweight the payout if the investment period is not very long .
Depending on the nature of the injuries, parents can also opt to have a trustee appointed and the trustee then holds the money. This is often the case when a child is disabled and may not be able to decide how best to manage their money.
It is tough to know what is best to do and what’s best for your child. We are able to help give you advice on this and help you come to the right decision, based on what’s best for your child and your family. One of the most important details every parent needs to know is that a settlement for a child in a personal injury case must be court approved. This is done to protect you and make sure that your child is being treated fairly . The Court will review the legal fees being charged by your personal injury lawyer, as well as the settlement amount being offered by the insurance company. In both cases, the amount must be fair and comparable to other similar personal injury cases.
Although, our Ottawa personal injury lawyers do not recommend it, you may decide to work directly with the insurance company and negotiate your own settlement amount. At the very least, we urge you to consult with an experience personal injury lawyer and have them review what is being offered to you . An experienced child personal injury lawyer can give you comparison settlement amounts on the spot and help you decide whether or not to accept the settlement offer. These consultations are free with most personal injury lawyers, so you have nothing to lose. In most cases, our Ottawa injury lawyers, not only offer excellent advice, they are able to point out many other accident benefits available to children that most people are unaware of.
Regardless of what stage you may be at in your personal injury lawsuit, you need to be informed and know your rights. You are not only caring for an injured child, you will need to make incredible important decisions for their future. We highly recommend you consult with an experienced child injury lawyer and take the time to decide what’s best for your child and your family. Our Ottawa injury lawyers can help you with this. We understand, we care and we’re here to help.
Ottawa Injury Lawyers David Hollingsworth and Associates. If you have been in an accident in Ontario and are injured, you will most likely need to access your Ontario accident benefits. Ontario accident benefits are provided through your insurance company or the insurance company of other vehicle involved in the accident. You begin by first informing your own insurance company that you have been in an accident. They will then send you an Ontario Accident Benefits package. By law your insurance company must provide you with these forms, and you have 30 days to complete the necessary accident benefit forms and return them to your insurance company. It is important you fill out these forms are properly filled out. When a new client comes to us and we act for them as their Ottawa personal injury lawyer, we always recommend that we fill out the forms for them as often times they can be somewhat confusing and challenging if you have never filled them out before. We have accident benefit specialists who can fill these form out for you in a comprehensive and detailed manner ensuring that there are no errors on your forms that could in turn delay your case. There are a number of Ontario accident benefit forms that need to be completed and depending on what your injuries are and the details of your accident, you may be required to fill out all of them. The primary forms that need to be filled out right away are:
Ontario Accident Benefit Forms: OCF Forms
- OCF-1 : Application for Accident Benefits
- This is the initial accident benefits form to be filled out when applying for accident benefits as a result of an accident . The OCF-1 form must be filled with your insurance company in order for your personal injury claim to commence.
- OCF-2 Employer’s Confirmation of Income
- The OCF-2 form applies only to those who are claiming Income Replacement Benefits. The OCF-2 form is completed by you and your employer. There are instances where several OCF-2 forms need to be completed. For example if you have been employed by more than one employer in the previous 52 weeks, you may need to fill out an OCF-2 form for each of your previous employers within the previous 52 weeks.
- OCF-3 Disability Certificate
- The OCF-3 form is to be completed mainly by your health practitioner. It needs to be as detailed as possible and describes the extent of your injuries as a result of the accident.
- OCF-5 Permission to Disclose Health Information
- The OCF-5 forms allows for access to your medical records and any previous medical information that can help determine your accident benefits eligibility.
You have been injured and you are suffering so its important that we get you help as quickly as possible. We are Ottawa personal injury lawyers who can help you by ensuring that you receive all the services you need as well as ensure that you receive maximum compensation for your injuries. Our accident benefit specialists will help you sift through the accident benefits process and will complete all the necessary Ontario accident benefit forms properly and in a timely manner, so as not to delay your case. We understand that these are difficult times and we are here to help. Our Ottawa injury lawyers can travel to you, your home or your hospital. All consultations are free.
Ottawa lawyers free consultations
You may have a small case and are thinking of handling it on your own and just need some basic information on how to deal with an insurance company. A free consultation from an experienced Ottawa personal injury lawyer may be all you need. Most experienced Ottawa personal injury lawyers offer a free consultaitons are are glad to help. They may even have formsavailable that you need instead of you going out and searching for them. The top Ottawa personal injury lawyers can also let you know if you have a case and what you might expect as a settlement from your insurnace company, so that you have an idea of what to expect when dealing with them.
Personal Injury Lawyer Ottawa
If you suffered a more serious personal injury, it is always best for you to meet with an experienced personal injury lawyer before you decide which Ottawa personal injury lawyer you want to work with. Keep in mind that the next several months or years may be very challenging and you need to know that you can relate, approach and work well with your Ottawa personal injury lawyer. As an Ottawa personal injury lawyer, I usually like to meet with new clients at the location of their choice, so I know they are comfortable. I usually listen and gather the facts and then let them know what Ican do for them. I often suggest they take sometime to think about their decision and then contact me when they are ready. I truly feel that this is the best approach for everyone involved. Throughout the process, I often also meet with accident victims family members. These meetings are so important and valuable for everyone.
No matter what the severity of your personal injury, it is always best to consult with an experienced Ottawa personal injury lawyer before negotiating with your insurance company. After all, it’s free to ask questions ! As one of the best Ottawa personal injury lawyers, I am pleased to offer free consultations. I offer my services in English or French and am happy to travel to meet you throughout Ontario.
DO: Remain at the scene of an accident.
- Call the police and advise of the nature of injuries suffered at the scene of an accident.
- Provide the following information: your name and address, your vehicle permit number, and the name and address of the owner of the car (if it is not your car).
- Get the names, address, phone number, vehicle permit number and insurance information from the other driver(s) involved in the accident.
- Get the names, address, and phone numbers of any witnesses who saw the accident.
- Write down anything anybody says about how the accident happened.
- Tell the police officer if you think another driver is under the influence of alcohol or drugs.
- Move the vehicles, or any debris, unless they are a potential hazard to other motorists; or
- Sign documents or discuss the accident with anyone but the police.
What should I do after I’ve been at the scene of an accident ?
- When you get to the hospital or to your home, you should call your insurance agent immediately. If you do not have your own insurance you may be entitled under someone else’s policy or through the Ontario’s Superintendent of Insurance through the Motor Vehicle Accident Claims Fund.
- Make an appointment with your family doctor or attend a walk-in clinic.
- Take photographs of any damage to your car, truck, bicycle or motorcycle.
- Contact a personal injury lawyer.
- If you have any visible injuries, take photographs of these injuries. Also take photographs of any damaged clothing or belongings.
- Contact your employer or school and advise them that you were in an accident.
- Consider your needs for specialized equipment and home modifications.
- Keep a detailed record of all medications taken, assistance received from family, friends or professionals, all rehabilitation or doctors’ appointments, progress or development in physical, psychological or mental injuries, and all out of pocket expenses including parking, wheel chair rental, ambulance bills etc..
- Comply with all requirements of the Accident Benefits.
- Let your personal injury lawyer assist in completing the Accident Benefits forms.
- Provide any statements to your insurance company until you have consulted with a personal injury lawyer.
If you have any questions at all that relate to personal injury and accidents, please don’t hesitate to contact an experienced personal injury lawyer as soon as possible.