An Experienced Hamilton Car Accident Lawyer

Car accidents continue to be the number one cause of personal injuries in Hamilton and surrounding areas. An injury from a vehicle crash can affect your mental, physical and financial well-being. If you have been involved in an accident caused by another person’s negligence, you may be entitled to compensation for your injuries.

What Are Some Major Causes of Vehicle Accidents?

A motor vehicle accident can include several different scenarios:

• Car accidents, single and multi-vehicle
• Motorcycle accidents
• Truck accidents
• Commercial vehicle accidents
• Bicycle accidents
• Snowmobile & ATV accidents
• Bus accidents & public transit
• Pedestrian accidents

A top cause of car accidents is reckless or negligent driving. Whether it’s running a red light, improper lane changes, or following too close thereby causing a rear-end collision.

In recent times, we have also seen an increase in people being injured in a car from distracted driving cases.

Distracted driving doesn’t just mean using a phone while behind the wheel, although that certainly accounts for a lot of the cases: other examples include using a GPS, eating or drinking, smoking, adjusting the radio, or playing extremely loud music.

Speeding is yet another common cause of car accidents that we have seen in our law firm. Impaired driving, whether due to drugs or alcohol, can also cause a serious motor vehicle accident. Bad weather, road conditions, and poor visibility can all account for accidents in the Hamilton area as well.

What Types of Injuries Commonly Result from Motor Vehicle Accidents?

Being one of the many car accident victims in Hamilton can result in dire consequences, from fatalities to injuries that plague accident victims for months or even years. A personal injury can present a victim with significant pain and suffering that can have a long and detrimental impact that will affect you and your loved ones.

You may be suffering from a brain injury such as concussions, traumatic brain injuries, or memory problems. Your accident may lead to back, neck, or spinal cord injuries, broken bones, tears in your ligaments and joints, or soft-tissue injuries. In addition, you may experience chronic pain, adverse psychological reactions, driving anxiety, or depression.

If you’re experiencing pain and suffering after being in a car accident, call a car accident lawyer for a free consultation to discuss your case. It is important to discuss the full extent of your injuries so that you can prepare your case and recover a fair and reasonable settlement.

Why You Need a Car Accident Lawyer

You need a car accident lawyer in Hamilton because your injuries may be more serious than you think and because they can affect every area of your life.

For example, a common injury sustained in car accidents is a herniated disc. To understand this kind of injury, think of your spine as a series of vertebrae (these are bones) with structures that look like small jelly donuts between them. These jelly donuts are the discs that cushion each vertebra. They’re made of soft cartilage in the center and tougher cartilage on the outside.

The impact of a car accident can cause cracks in the outer cartilage of a disc, which can cause the soft cartilage to escape, which in turn can cause irritation to the nerve roots, leading to pain and mobility problems.

Vertebrae in your spine range from what is labelled C1 (near the top) all the way to C7 (at the base of your spine. The C5 and C6 disc sits between the C5 and C6 vertebrae, and when it herniates, it can impact the C6 nerve root, causing numbness, tingling, and pain in the forearms, biceps, and the hand (near the thumb). You may also experience numbness, pain, or tingling that radiates to your fingers or symptoms that affect your neck, shoulders, thyroid gland, eyes, ears, and head. These symptoms can include vision problems, burning sensations, headaches, cracking sounds when moving the neck, and weakness. Untreated, herniation of the C5 and C6 disc can even affect spinal curvature.

The C5 and C6 discs are some of the most common herniates, and they may require intensive treatment. Your doctor may recommend wearing a brace, getting physical therapy, receiving pain medication, and seeking out manual therapy.

If your condition is more serious, you may need surgery to repair the disc. Your doctor may choose this option if you have serious symptoms that don’t improve with other treatments.

Living with a herniated C5 and C6 disc or any serious car accident injury can be devastating. It can impact your ability to earn a living, move without pain, and perform everyday activities that you may have always taken for granted.

In this situation, working with a car accident lawyer can be important. Your lawyer seeks fair entitlement for you, which is important if you’ve suffered a herniated disc, brain injury, or any injury that will cause you to lose time at work or will result in significant expenses. Keep in mind that medication and some treatments may not be covered by OHIP, so seeking a fair settlement can be important to make sure you cover your costs.

Working with a Hamilton car accident lawyer is also important because of timing. You’ll want to resolve your situation as quickly as possible so you can move on. However, car accident settlements can take years. Working with an experienced Hamilton car accident lawyer means working with someone who is experienced in mediation, negotiation, and arbitration and knows how to move your claim forward in a timely way.

What Should You Do If You Have Been in an Accident?

If you have been involved in an accident, there are things you can do to ensure you receive the medical help you need and also preserve important evidence to support your case:

• Move to a safe area
• Get the other driver’s info
• Take pictures of the accident
• Get necessary medical care immediately
• See your family doctor
• If you can’t work, ask your doctor to fill out a form for your employer
• Contact your insurance company
• Get legal representation

Move to an Area Where You Will Be Safe From Traffic

Call the police and an ambulance — note that the fire department will often be the first to respond.

Make Sure to Get the Other Driver’s Information

This includes their name, address, contact information, insurance information, and policy number. Also take down the name and number of witnesses at the scene. Even if they didn’t witness the accident, they may have witnessed the aftermath of the accident and might be able to verify whether you were coherent and conscious, along with other pertinent information down the road.

Take Pictures of the Accident Scene

Take as many pictures as you can of the damage to the vehicles, the surrounding area, and any visible injuries.

Get the Medical Care You Need Right Away

Often people will say “I’m okay” by default or instinct, only to start feeling the injuries later that day or the next day. If an ambulance is called, go to the hospital and get checked out, and never refuse the first responder’s medical assessment. Allowing the assessment may not only ensure you receive the proper care you need but also help protect your rights to access compensation.

Make an Appointment to See Your Family Doctor

It is important to get the appropriate medical attention you need and allow your medical team to monitor you from the beginning, even if you think your injuries are minor.

If You Can’t Work, Ask Your Doctor to Fill Out a Form For Your Employer

This should go without saying but if your doctor says you need to take a few days off, follow their advice.

Contact Your Own Insurance Company as Soon as You Can, and Definitely Within 30 Days

Be open to their questions; they’re there to help you and will send you the forms you’ll need for accident benefits to cover treatment and partial wages.

Reach Out to a Car Accident Lawyer in Hamilton

Contact an experienced and knowledgeable personal injury lawyer for a consultation to talk about your case, your options, and your legal rights.

Determining Liability in a Hamilton Car Accident

Ontario has a no-fault insurance system, so you will turn to your insurance company if you’re injured in a car accident. However, personal liability can still come into play. Personal liability refers to a person’s legal responsibility for causing property damage or personal injury, usually through negligence or willful action. In a car accident, for example, a driver can be held personally liable if they were driving dangerously, speeding, or driving after drinking. In these cases, the injured party can seek to recover damages for loss of income, property damage, and other costs. 

Several factors play a big role in determining liability. Determining fault often starts by gathering evidence and establishing who is at fault, and to what degree. The severity of the accident can also impact a car accident claim since more serious accidents and injuries mean more significant liabilities. 

Personal liability can be complex. It might not be immediately clear what caused your accident. For example, you may need to secure a driver’s phone records to determine if he or she was texting while driving. Working with an experienced Hamilton car accident lawyer can be important in helping you navigate the legal landscape. An experienced lawyer can secure evidence, offer specific advice to you, and help you pursue any lawsuit or compensation you may be entitled to.

Understanding Car Accidents in Ontario

If you’ve been in a car accident in Hamilton or any community in Ontario, it’s important to know that you have rights. Even if it’s not immediately clear what has caused the accident, you can apply for Accident Benefits through your own insurance company to cover medical care, rehabilitation, income loss, funeral costs, and related expenses. This can be an important way to get relatively quick resources to deal with your accident injuries.

Depending on the circumstances of the motor vehicle accident, you may also be able to sue if someone was negligent and can be held liable for the accident. You may be able to sue:

• The at-fault driver
• The municipal or provincial government that failed to maintain a road in situations where your crash was caused by poor infrastructure
• The owner of the other vehicle, if they allowed someone unfit to drive their car and that motorist caused your accident and injuries
• The employer responsible for a company vehicle involved in the crash
• A vehicle manufacturer who created an unsafe vehicle
• Insurance companies

An experienced Hamilton car accident lawyer can help you determine who you may be able to sue and how you may be able to pursue fair benefits and recovery. Your lawyer can also offer advice and can explain how you may be able to seek compensation for your lost wages, pain and suffering, medical bills, and property damage, and can even help you seek punitive damages if you qualify.

What Is the Recovery Process Like After a Car Accident?

The first step is understanding the available statutory Accident Benefits in Hamilton, your rights, and what qualifies as a motor vehicle accident in Ontario. After a car accident, it’s important to know that you can apply for Accident Benefits, which are benefits that are available to you through your own insurance company, even if there is a dispute as to who caused the accident. These benefits are meant to provide an immediate source of relief and recovery. They’ll cover things like income loss, medical treatment, attendant care, rehabilitation costs, and funeral and death benefits.

Car accident cases can be complex, involving nuanced areas of the law, particularly dealing with liability and damages. It is difficult to predict how long recovery might take in your case: while some claims may be resolved within twelve months, others can take years. Turning to experienced Hamilton car accident lawyers is crucial — they can not only help preserve and present important evidence for your claim but also negotiate and advocate on your behalf against the responsible parties and their insurance companies.

Dealing with Insurance Companies

After a car accident in Ontario, you will need to call your insurance provider. When you make this call, it’s important to keep in mind that while you pay premiums to your insurance company, your insurance company doesn’t work for you. Instead, they are a profit-generating company beholden to shareholders.

When you contact your insurer about a claim, your company determines a reserve fund, which is the amount of money they expect to pay out in your claim. Your insurance adjuster will not tell you this number, and the company will stand to profit if they pay you less than this number. While your insurer will strive to be fair, they also have a financial incentive to pay you less than the full amount your claim may be worth.

Once the insurance company has set the reserve fund, they’re unlikely to raise it later, and they’re likely to be very conservative when determining how much your claim may be worth.

In addition, even seemingly innocent things you say or don’t say can be used against you. For example, if you have a herniated C5 and C6 disc and don’t have symptoms right away or initially have very mild symptoms (which is quite common), you might not mention any back-related injury to your doctor immediately after your crash. An insurance company can use this to claim that your herniated disc wasn’t caused by your motor vehicle accident.

An insurance company will also seek to invalidate your claim for any reason. Did you not mention a back injury to your doctor? Is there any inconsistency in your medical records or between your medical records and your behavior? After a car accident, it’s easy for things to get confused. In busy Ontario doctors’ offices and Emergency Rooms, you might not get a chance to thoroughly explain everything. A rushed doctor may make a mistake in your records. Your condition may simply prove to be more complex than it initially appeared. Insurance companies can seek to minimize or deny your claim for any of these reasons.

As you can appreciate, your insurance company’s financial incentives to pay less, the nature of reserve funds, and the complexity of insurance policies in general can put you at a disadvantage. This is one reason why you may want to contact a Hamilton car accident lawyer soon after your accident. Once you’re working with a lawyer, you can refer your insurance company to your lawyer, and your lawyer will be the one to present evidence of your injury and negotiate with insurance companies, which can help you seek fairer recovery.

An experienced lawyer has negotiation skills and the knowledge of the insurance industry to seek fair compensation for you. Your lawyer can address common issues, such as mistakes in medical records and symptoms that took some time to develop, so these factors don’t end up derailing your claim. Unlike an insurance company, your lawyer does work for you and your best interests.  

How Can Derek Wilson Injury & Disability Law Help After Your Accident?

My goal is to recover the maximum amount of compensation and benefits for my clients. I’m not only a skilled negotiator, but also have significant experience acting on behalf of injured people to recover their maximum entitlement. I work with clients to get the available benefits as quickly as possible, including resolving matters through dispute resolution mechanisms like mediation and arbitration. I am a personal injury lawyer focused on helping people heal the hurt.

For a free consultation with Hamilton car accident lawyer Derek Wilson, call us at 855-769-0418 or fill out a request form. We will respond promptly so you and your family can receive the help you need. I am dedicated to helping you and your family recover fair compensation and will always have your best interests in mind.