Each year, thousands of victims of car accidents file personal injury claims. However, obtaining financial compensation after a car accident in Ontario can be a complicated process. This is why it’s recommended to hire an experienced personal injury lawyer to help with the claim. Furthermore, a personal injury lawyer can answer one of the important questions bothering you: ‘How much can someone sue for a car accident?’
Ontario uses a no-fault auto insurance system that offers compensation (Statutory Accident Benefits) if you are injured in a car accident. These benefits are available regardless of who is to blame for the accident. Also, you may get accident benefit compensation if you acquire additional coverage to supplement your standard policy. A personal injury lawyer can assist you with filing your claim with the insurer for the compensation available to you.
If you’re involved in a motor vehicle accident, you can also make a claim against the other driver who caused the accident for personal injuries and damages you have suffered. It’s crucial to assess all your legal options and determine the best legal path that will get you the most compensation you deserve. This is where Hamilton car accident lawyers can help. Personal injury lawyers have the knowledge, skill, and experience to assess your car accident case and recommend the amount of compensation to pursue.
Assessing Compensation in a Car Accident Lawsuit
The type and amount of financial compensation for which you are eligible after a car accident will depend on various factors. These include the type of claim you want to file, negligence or liability for the accident, and the nature and scope of your damages.
Types of Claims and Compensation
There are different claims that auto accident victims in Ontario may be eligible to file depending on the circumstances of their cases. These claims include:
Car Accident Benefits Claim
All car owners take insurance as a way to cushion themselves when collisions happen. Every car insurance company is required to provide no-fault Statutory Accident Benefits. Thus, these accident benefits are included in every motor vehicle insurance policy.
A no-fault automobile insurance policy ensures that all car accident victims get financial support, regardless of who was responsible for the car crash. An important aspect of this system is that the accident benefits still apply if you were hurt in an automobile accident as a pedestrian or cyclist. Even when you don’t have an insurance cover, you can claim accident benefits from an at-fault driver’s insurance company.
Though you may be eligible for compensation, the benefits aren’t paid automatically after an accident. There is a claim process and strict timelines that claimants must meet. Thus, it’s in your best interest to have a skilled personal injury lawyer help you with the entire claim process and ensure you get the accident benefits you deserve.
To determine how much someone can sue for a car accident, it’s crucial to assess the minimum benefits available under each category of benefits. Don’t be surprised to find out that even minor injuries, like soft tissue injuries, may qualify you for a few thousand dollars in compensation.
Medical and Rehabilitation Benefits
Severe car accident injuries are often associated with high treatment costs. This is particularly true for serious injuries such as spinal cord injuries, traumatic brain injuries, and more. To ensure you get effective treatment and rehabilitation care, you may receive compensation depending on whether you suffered catastrophic or non-catastrophic injuries.
All non-catastrophic injuries are further classified into minor injuries and non-minor ones. Examples of minor injuries include sprains, abrasions, whiplash, and lacerations. If you suffer these injuries, you can claim up to $3,500 toward medical treatment and rehabilitation care. Note that the medical care, rehabilitation benefits, and attendant care for non-minor injuries are capped at $65,000. This amount is payable up to five years after the incident that caused your injuries.
Catastrophic impairments, such as loss of a limb, severe psychological impairments, and more, require costlier treatment than non-catastrophic injuries. Medical benefits and rehabilitation care for these injuries top out at a maximum of $1 million. These benefits are payable for life, and you can increase your payout amount by paying high premiums for your policy.
Non-Earner Benefits
Suppose you were unemployed at the time of the car accident. In that case, you may not be eligible for income replacement benefits if you suffer injuries. However, you may be eligible for non-earner benefits if you are a student or completed your academic program within the previous year, but you’re still seeking an employment opportunity.
To qualify for the non-earner benefits, you should have suffered personal injuries that led to a complete inability to live a normal life. Non-earner benefits are capped at $185 per week payable for up to two years.
Income Replacement Benefits
Car accidents can cause injuries that prevent you from carrying on your employment duties and earning an income. If you suffer such injuries in a car accident, you may be eligible for income replacement benefits. However, you must have been employed for at least 26 weeks within the previous 52 weeks before the car collision or you were getting employment insurance within the period of the accident.
To qualify for the income replacement benefits, you must have suffered a significant inability to perform the essential duties of your employment (your own occupation). This requirement applies for the two years after you sustained the injury. After this period, the threshold changes to whether you can perform any job within your training, skills, or education (any occupation).
If you are eligible for income replacement benefits, you are likely to get financial compensation of up to 70 percent of your gross income. However, the weekly payouts are capped at $400.
Caregiver Benefits
Suppose you were a caregiver when the accident happened, and you can’t continue performing these duties. You may be eligible for caregiver benefits if your serious injury is considered catastrophic or you purchased optional benefits from your own insurance company. Caregiver benefits are capped at $250 per week and an extra $50 weekly for every dependent under your care. This compensation allows you to hire a professional to take care of you and your loved ones (dependents).
Death and Funeral Benefits
If a person dies in a motor vehicle accident, their surviving loved ones may get the wrongful death and funeral benefits. The spouse will get up to $25,000, a maximum of $10,000 for each dependent, and up to $6,000 to cover funeral expenses. If the deceased had a contractual obligation to a former spouse, there could be a maximum payout of $10,000.
It’s crucial to mention that there are important exclusions when it comes to getting accident benefits. You cannot get accident benefits if you were driving without insurance, committing a crime, without a valid driving license, or you were driving a vehicle without the owner’s consent. Also, you may be denied compensation if, at the time of the accident, you were excluded from driving under your car insurance policy.
Fault- or Tort-Based Claims
Just because Ontario Province has a no-fault benefits system, it doesn’t mean drivers responsible for an accident can’t be held liable for the resulting damages from vehicle accidents. A tort claim holds the at-fault driver accountable for the damages associated with the negligent or wrongful act committed. The at-fault party is the defendant in a personal injury lawsuit, while the complainant or injured person is the plaintiff.
To successfully hold the accused liable for their actions and get financial compensation, you (the plaintiff) must prove the four elements of a tort claim under the personal injury law. You must show that the accused had a duty to act with reasonable care and that they failed to act reasonably. As a result of this failure, an accident happened that caused your injuries. Remember, you must prove that the injuries you suffered caused compensable damages.
If your tort claim succeeds, you (the plaintiff) will be awarded financial compensation for the damages you suffered. These include lost wages, pain and suffering, medical bills, and more. With the help of a knowledgeable personal injury lawyer, you can file a tort claim after a negligent car accident. Remember, proving the elements of a tort claim is challenging and it’s best done with the help of specialized car accident lawyers.
Disability Claims
Disability claims are intended to get financial compensation for individuals who suffer severe injuries, particularly due to car accidents. These incidents can leave people unable to engage in their normal daily activities and social events or fulfil their job responsibilities. This loss of normalcy can be compounded by the inability to earn a regular income. This makes it challenging to cover basic living expenses.
Canadians facing such hardships due to disabling medical conditions resulting from car accidents might find relief through long-term disability (LTD) benefits. These benefits are often accessible through an employer’s group insurance plan or a private insurance policy. Typically, LTD benefits offer 60% to 70% of the recipient’s regular wages. While not a full salary replacement, LTD benefits can significantly help pay some bills, such as medical expenses.
If your LTD benefits claim was denied or the payouts you are eligible for are withheld, talk to experienced long-term disability or personal injury lawyers. Remember, the total amount of compensation you can sue for will vary widely. There are times you may even need to take your LTD claim to court, particularly if your insurance company denies it.
Negligence Factors
To determine liability in a car accident, the fundamental question that must be answered is: did someone or something else cause your injuries? To be entitled to financial compensation (except for no-fault accident benefits), someone else must have acted recklessly or negligently – responsible for the accident that caused your injuries.
Therefore, if you got hurt in a motor vehicle accident, you can obtain the no-fault accident benefits and still sue for further compensation from the at-fault entity (tort claim). Even if the car accident was caused by defective parts, improper design, or poorly maintained roads, you may still be entitled to compensation. Talk to a dedicated Hamilton car accident lawyer to help with the car accident lawsuit process.
Note that the amount of compensation you can sue for when someone else was entirely responsible for the accident is different from the compensation you can get if you were partly to blame for the car accident. This concept is known as contributory negligence. The total amount of compensation will be reduced by the portion or percentage of your fault for the accident.
That means if you were 20% responsible for the collision, you would get 80% of the total amount of compensation you would have got if someone else was entirely liable. However, depending on the severity of your injuries, you could still be entitled to a significant amount of compensation. Be sure to have an experienced Hamilton car accident lawyer on your side to protect your rights.
Nature and Extent of Your Damages
The severity of your injuries is one of the significant factors that affect the compensation you are eligible for. Severe injuries require costly treatment, rehabilitation care, attendance care, assistive medical devices, and even home modifications. That means you need to seek a higher amount of compensation.
Catastrophic impairment like quadriplegia or paraplegia, blindness, total loss of a limb, or even a traumatic brain injury may result in higher accident benefits or compensation. This is because such injuries have a significant impact on the victim’s life and may necessitate higher treatment costs in the future. For non-catastrophic impairments, a higher amount of compensation is awarded for hard injuries such as nerve damage, chronic pain, broken bones, joint injuries, and more.
Your recovery period can be used to partly assess the extent of the injuries you suffered. Suppose you have a permanent injury such as loss of mobility, extensive scar, or long-term disability due to an accident. In that case, the compensation you are eligible for may be higher than that of an accident victim with a short recovery period.
Depending on the nature of the injuries you suffered, your ability to work and earn income may be disrupted for a long time or permanently. Furthermore, a longer recovery period means you will undergo medical treatment for an extended period. That means your medical-related expenses will continue to rack up. That’s why your Hamilton car accident lawyer may advise you to sue for a higher amount of compensation.
Additionally, the general impact of an accident on your life will affect your settlement or compensation amount. Thus, greater impact means you will get higher compensation. Suppose you have a significant inability to take care of yourself or handle household chores like cooking and cleaning. In that case, you will need to hire someone to help. If you develop post-traumatic stress disorder or other emotional problems due to the accident, you will need a professional’s help.
The amount of compensation you sue for must factor in all these costs. Similarly, if you are unable to work, even after treatment, the compensation you seek must cover the past loss of income (after the accident) and the future income loss. Keep in mind that the process of identifying and assessing all losses associated with a car accident is complex and must be handled by knowledgeable personal injury lawyers.
Negotiating Fair Settlement with an Insurance Company
An auto insurance company often negotiates personal injury claim settlements with one purpose – to pay the claimant as small an amount as possible. Whether you are the policyholder or an injured individual filing a car accident lawsuit against the other driver’s insurance company, insurers will always prioritize their bottom line. That’s why their legal teams try to lowball car accident claims or deny them.
Negotiating a reasonable settlement in a car accident claim often requires legal competence and strategy to counter the insurer’s attempts to undervalue your losses. Understanding the dynamics of settlement negotiations can empower you to pursue the compensation you rightfully deserve. Here are factors that influence the amount of settlement negotiated and how long it may take to get compensated.
The Complexity of the Car Accident Case
When it comes to car accident claims, complexity can arise from various factors. When multiple parties are involved—be it plaintiffs or defendants—the case inevitably becomes more complex. Coordinating between these parties and their representatives, along with managing their respective evidence, can significantly extend the negotiation timeline. Disputes over liability further complicate matters. This can necessitate additional investigations and negotiations.
Crucial pieces of evidence, such as accident reconstructions, medical records, and witness statements, are the foundation of any injury claim. Delays in obtaining or disputes over the admissibility of such evidence can slow down the claim process. This can prolong negotiations and potentially stall compensation. Note that working with experienced personal injury lawyers will ensure you get the right amount of compensation.
Therefore, if your Hamilton car accident lawyer takes an extended period to obtain a settlement, the answer lies in the unique circumstances of your case. Factors such as ongoing medical treatment, pending responses from the opposing party, and the procurement of vital medical records all contribute to delays.
In some instances, car accident cases progress to litigation, further extending the timeline. While most personal injury cases aim for resolution within 12 months of filing, various elements can disrupt this timeline, many of which are beyond the lawyer’s control.
Insurer’s Willingness to Settle
Insurance companies usually implement a risk management approach. That’s why they conduct thorough investigations and scrutinize claims before agreeing to a settlement. This unique approach is integral to their operations. However, it can lengthen the settlement process. Differences in perspectives regarding a fair settlement amount can also impede progress. That means multiple negotiation sessions, revisions to settlement terms, and even mediation might be necessary to align the expectations of both parties.
Important Settlement Considerations
In Ontario, reaching a settlement agreement in a car accident claim demands thoughtful deliberation. Once you sign the settlement agreement, it’s final—there’s no turning back. Even if unforeseen circumstances arise, such as discovering previously unknown injuries or facing unexpected financial burdens, claimants are legally barred from revisiting the settlement or seeking additional compensation.
Given the permanent nature of settlement decisions, ensuring that the agreement reached is fair and adequately compensates for the damages suffered is imperative. Rushing to accept an insurer’s initial offer may result in inadequate compensation. This is one of the reasons why we always counsel our clients to wait and see the full extent of their injuries, especially when medical testing and operations are pending. To navigate these complexities and secure a fair settlement, it’s essential to seek the guidance of a skilled personal injury lawyer.
Their knowledge can help you evaluate the offer, negotiate effectively, and ultimately ensure that your rights and interests are protected throughout the settlement process. Remember, the final settlement amount should reflect the severity or extent of the damages you suffered.
The Role of a Car Accident Lawyer
Beyond their role as legal representatives and defenders of your rights, car accident lawyers play a pivotal role in assessing the compensation you’re entitled to. Here’s how they can answer the question, “How much can someone sue for a car accident?”
Gathering Comprehensive Evidence
Skilled personal injury lawyers can successfully gather evidence to support your case. This involves collaborating with a network of experts, including medical professionals, accident reconstruction specialists, and financial experts. Medical experts provide insights into the extent of your injuries, necessary treatments, and potential long-term effects.
On the other hand, accident reconstruction specialists analyze the crash to establish liability and causation, while financial specialists assess the financial impact on your current and future earnings. Experienced personal injury lawyers can ensure you have all the evidence you need to recover compensation for bodily injury and other damages you suffered.
Quantifying Economic Damages
So, how much can someone sue for a car accident? You need skilled personal injury lawyers to identify and quantify all damages associated with the accident. While medical bills and vehicle repair costs are apparent, personal injury lawyers delve deeper to assess the full spectrum of economic damages. They consider not only immediate expenses but also future medical treatments, therapies, and potential loss of earning capacity.
By paying attention to detail, experienced personal injury lawyers ensure every financial impact is accounted for. This can maximize the compensation you are entitled to. If the amount indicated in your claim is backed by credible evidence, your insurance company will be less likely to deny your claim.
Calculating Non-Economic Damages
Assessing non-economic damages, such as pain and suffering or loss of enjoyment of life, requires a nuanced approach. These damages are subjective and lack a clear monetary value. Reliable personal injury lawyers assign a reasonable value to these intangible losses. Factors such as the severity of injuries, psychological impact, and long-term consequences on overall well-being are carefully considered. This will ensure you get the amount of compensation you deserve.
Whether you want to file a liability insurance claim against your own uninsured motorist coverage or the responsible parties’ insurer, a car accident lawyer can help recover out-of-pocket expenses and other damages. Schedule a free consultation with our law firm.
