Ottawa Car Accident
As an Ottawa personal injury lawyer, I can honestly say these statistics are alarming . More than 1 million vehicles in Canada are involved in accidents each year.
Here are a few accident statistics from the Ontario Ministry of Transportation’s Road Safety Annual Report 2004:
- Ontario had a population of 12,407,300, of which 8,655,597 were licensed drivers.
- 421,870 drivers were involved in a collision (316,856 property damage only, 93,207 personal injury, 1,208 fatal collisions)
- 136,402 people (not just drivers) were involved in personal injury collisions.
- 799 died (433 drivers, 191 passengers, 104 pedestrians, 19 bicyclists, 47 motorcycle drivers/passengers).
- 3,565 received major injury (admitted to hospital).
- 29,918 received minor injury (went to hospital, treated in emergency room, but not admitted).
- 39,525 received minimal injury (did not go to hospital when leaving the scene of the collision; includes minor abrasions, bruises, complaint of pain).
- 4,505 pedestrians were injured and 104 were killed due to auto accident.
- Lowest risk of accident: males and females 16 years old (at this age, individuals have a G1 license that allows them to drive only with an experience driver, often a parent).
- Highest risk of accident: males 17 years old (6.01% had accidents) and females 18 years old (7.29% had accidents). It seems that, by this age, they are driving on their own. On their own with little experience.
- The percentage of drivers who have a collision, based on age, generally drops lower each year after this for both females and males.
- The good news in this report is that 2004 had the lowest number of fatalities ever recorded in the province. Ontario also had the lowest number of accidents per capita of any jurisdiction in North America.
Every driver, pedestrian and cyclists needs to do their part in reducing the number of car accidents and injuries related to car accidents each year. The statistics don’t lie and there is a lot we can do to lower the number of accidents on our roads each year. Let’s do it.
Ontario Personal Injury Claims: Pain and suffering Compensation. How Much Is My “Pain and Suffering” Worth?
One of the challenges that I face as an Ontario personal injury lawyer in Ottawa is explaining to people who have been seriously injured how much pain and suffering compensation they are entitled to. Each and every case is different. Calculating how much compensation an Ontario accident victim should receive for pain and suffering is also very challenging.
What is Pain and Suffering ? Compensation that lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.
How Do Courts Calculate “Pain and Suffering”? Unfortunately, there is no specific answer for calculating pain and suffering. Each case is very unique. What a judge does when determining compensation for pain and suffering is evaluate how the personal injury has affected the victim’s ability to function in everyday life and how the injury has effected the person’s enjoyment of life. From there compensation is calculated.
In other words, how have your injuries affected your normal day to day activities; ability to work; and your normal amenities of life? Your personal relationships ? How do your injuries affect the way you interact with your friends and family? Your co-workers ?
Maximum Award compensation for Pain and Suffering. The Supreme Court of Canada has placed a limit on the amount of compensation that accident victims are entitled to receive for non-pecuniary damages for pain and suffering. To date, the maximum compensation is slightly more than $300,000.00. The maximum amount is only paid to the most catastrophically injured victims (quadriplegic, paraplegic, brain injury etc..) .
If you are considering a claim for compensation and live in Ontario, it is important to have an experienced Ontario personal injury lawyer assisting you collect all the necessary information you need to make a detailed claim. Which will in turn, help assess your damages claim for pain and suffering. The best Ontario personal injury lawyers can help ensure you prepare your case properly, in a manner that will show the courts the amount of pain and suffering you are living with and the need for maximum compensation for you not only today but for the rest of your life.
I have been representing victims of serious personal injuries for over 10 years, helping injured victims get maximum compensation for their personal injuries.
Contact me for a free consultation. Home and hospital visits. Contact www.ottawainjury.ca
The following is an outline of some of the standard Accident Benefits coverage for Ontario and the available ‘extras’ that can be purchased. I have not listed all benefits, just the main ones. If you would like a more detailed list of Accident Benefits contact us.
Ontario Income Replacement benefits
If you become disabled as the result of an automobile accident, you may be eligible for weekly income replacement benefits of up to $400. You can also buy optional income replacement benefits to increase your maximum weekly protection to $600, $800 or $1,000.
Ontario Non-earner benefits
If you do not qualify for Income Replacement benefits or Caregiver benefits, your standard Accident Benefits coverage can be avaialble to you if you are eligible to receive a weekly payment of $185 every two weeks. This benefit is only available to accident victims unable to carry on with everyday activities.
Ontario Caregiver benefit
If you provide full-time care to dependants, and are disabled as the result of an Ontario car accident, this coverage ca help you. The standard maximum amount for caregiver benefits is $250 per week for one dependant, plus $50 per week for each additional dependant. With optional caregiver benefits, the coverage increases to $325 per week for one dependant, plus $75 per week for each additional dependant.
Ontario Dependent Care benefits
Although not a part of the standard Accidents Benefits coverage, you can buy Dependent Care benefits. If you have young children, this option is worth considering. You can claim for optional dependant care benefits if you’re employed at the time of the accident, and you have to pay for childcare expenses as a result of the accident. Optional dependant care benefits cover up to $75 per week for the first dependant and $25 for each additional dependant.
Ontario Medical and Rehabilitation benefits
The standard maximum amount for medical and rehabilitation expenses is $100,000. If you suffer a catastrophic injury, the maximum is $1,000,000. Optional additional Medical and Rehabilitation benefits are available for maximums up to $1,100,000 and up to $2,000,000 for non-catastrophic and catastrophic injuries respectively.
Ontario Attendant Care benefits
If you need to hire someone to help you as a direct result of personal injuries from your accident, this portion of the benefits coverage could help. The standard maximum for attendant care is $72,000 and if you are catastrophically injured, the maximum is $1,000,000. You can buy optional benefits to cover up to $1,072,000 in additional attendant care expenses if the injuries are considered non-catastrophic, and up to $2,000,000 for personal injuries that are catastrophic.
Ontario Death and Funeral benefits
If you die as a result of a motor vehicle accident, the standard amount which will be paid is $25,000 to your eligible spouse, $10,000 for each dependant, and a maximum of $6,000 for funeral expenses. You can increase these amounts to $50,000 to your eligible spouse, $20,000 for each dependant, and $8,000 for funeral expenses.
For more information, visit www.ottawainjury.ca
David Hollingsworth, Ottawa Personal Injury Lawyer has a team of professional working with him in the area of Accident Benefits. Following is a summary of the most commonly-accessed accident benefits. It is not a complete list of all available benefits.
- Income replacement. You are entitled to 80% of your net income to a maximum of $400 per week if you are substantially unable to perform the essential tasks of your occupation or employment during the first 104 weeks. Thereafter, you can continue to receive these benefits as long as you are continuously disabled from any occupation for which you are reasonably suited by education, training and experience for up to $400 a week or 80% of your net income.
- You may receive non-earner benefits of up to $185 a week if you are not employed. If you suffer a complete inability to carry on a normal life as a result of the injuries from the accident. No benefits are payable under this category for the first six months after the accident.
- Caregiver costs of up to $250 a week, if you were the primary caregiver of a person in need (with whom you were residing), plus $50 for each additional person in need of care
- Medical and rehabilitation costs (above OHIP) to a maximum of $100,000 for up to 10 years for a non-catastrophic injury, and up to $1,000,000 for the rest of the victim’s life in the case of a catastrophic injury.
- Special Attendant Care of up to $3,000 a month for two years for a non-catastrophic injury, and up to $6,000 a month for the victim’s lifetime for a catastrophic injury.
- Housekeeping and Home Maintenance of up to $100 per week.
- Death Benefits of $25,000 for the spouse of the victim; $10,000 for each of the victim’s dependents; $10,000 to the person who cared for the victim; up to $6,000 for funeral expenses.
- Travel Expenses for family members or those living with the accident victim for their visiting costs during treatment or recovery.
- Lost Education benefits for students to a maximum of $15,000.
What to do after an accident in Ontario
I truly hope you aren’t in an accident but should you be, here are a few important things you should do:
Give all information about the accident to the police
Get names and addresses of parties involved and witnesses
Notify your insurance company of the accident and record insurance information
Notify your doctor, employer or school
Keep track of all medical and rehab appointments
Keep track of receipts of related expenses
Keep track of time family and friends have provided care
Check for other available health insurance coverage plans
And of course, call a personal injury lawyer….
Who ? I know…Call me – David Hollingsworth (613) 237-4922 ext 203 or (613) 978-9549
Our lawyers are available by phone, text or email to answer any questions you may have following an accident. It’s our hope that you recover completely from your accident; however if you don’t , you need to put a plan in place. Our Ottawa injury lawyers are experienced in helping put these plans together for people who have been injured. We work closely with the families of our clients ; who are often times the ones in charge of making most of the decisions for their loved ones. Our Ottawa injury lawyers will work for you and ensure you are being treated fairly. Navigating the insurance system in Ontario can be very complicated and our lawyers have the experience to steer you in the right direction.
If you have a simple question, don’t be afraid to ask. the more information you have the better. It’s important you know your rights and what you and your family is entitled to. Whether or not you decide to make a personal injury claim is up to you and it’s important you make that decision with all the correct information.
This decision may affect the rest of your life. Make sure you make the right one.