Oakville Car Accident Lawyer

Oakville, Ontario loves cars. It’s the home of the Oakville Assembly Complex, vintage car enthusiasts, and proud luxury car owners. But, with its busy and fast-growing population, Oakville is also the home of many car accidents.

If you’ve been involved in a car accident in Oakville, it’s important to understand your rights and to ensure you receive the compensation you deserve. Our law firm, Derek Wilson Injury and Disability Law, may be able to help. Contact us today for a free consultation with an Oakville car accident lawyer. Let’s discuss your car accident injuries and what you may be able to do next.

Oakville Car Accidents and the Law

The law in Ontario provides compensation for those involved in car accidents, including coverage for medical expenses, lost wages, and pain and suffering. But the legal process can be complex, with timelines, paperwork, and insurance negotiations to navigate.

Ontario has a no-fault insurance system, so you can claim benefits without needing to prove who caused the crash. However, you also have the right to seek compensation if someone’s negligence caused your accident. Consulting with an experienced Oakville car accident lawyer can help you determine the best path to compensation.

Hiring a Car Accident Lawyer

When you’re dealing with the aftermath of a car accident, the last thing you want is added stress. That’s where a car accident lawyer can step in to help. Hiring a lawyer isn’t just about managing the legal technicalities—it’s about having a professional who can protect your rights and guide you through the process of seeking compensation.

A skilled car accident lawyer can assist you in gathering evidence, dealing with insurance companies, and ensuring that you don’t miss important deadlines. Whether it’s negotiating a settlement or representing you in court, your lawyer will make sure you’re fully informed every step of the way.

Choosing the Right Lawyer

Look for a lawyer who specializes in car accidents and personal injury law. Their expertise will be invaluable in building a solid case on your behalf. Seek out a lawyer who has experience with insurance companies and who is willing to fight back when insurance companies try to deny or minimize your claim.

Beyond just experience, it’s essential that your lawyer makes you feel comfortable. You should feel heard and confident that they are dedicated to securing the best possible outcome for you. Take the time to ask about their approach, track record, and how they communicate with clients—it’s all part of ensuring that the lawyer you choose is the right fit for your needs.

The Legal Process Explained

The legal process starts in the seconds after your car accident. All the steps you take will help you build a strong case, in the event that you decide to file a lawsuit. Here’s what will be involved:

• Get medical help and report the accident. Your health and safety come first. After an accident, seek medical attention immediately, even if you don’t feel hurt. Once you’re safe and taken care of, make sure to report the accident to the police if required—especially if there are injuries, significant property damage, or if the other party flees the scene.
• Contact your insurance company. In Ontario, you’re required to inform your insurance company about the accident as soon as possible and no later than within seven days.
• File your accident benefits claim. In Ontario, the first part of the claims process involves submitting an Accident Benefits Claim (also known as a Statutory Accident Benefits Schedule or SABS claim). This is done through your insurance company, and it includes benefits like: income replacement if you can’t work, medical and rehabilitation expenses, caregiver benefits if someone needs to take care of you, and non-earner benefits for people who were not employed at the time of the accident. Your insurance company will provide you with forms to complete to get these benefits.
• Investigate liability (if applicable). If you believe the other party was at fault, or if liability is unclear, you may need to launch a third-party claim to get fair compensation. Your lawyer can help with this part of the process.
• Gather evidence. To build a strong case, you’ll need to gather as much evidence as possible. You can take photos of the accident scene, write down everything you remember, and keep medical records and copies of the police report. Your lawyer can further investigate the accident and uncover more evidence, including witness testimony and video footage.
• Settlement and negotiation. Once the insurance companies have processed your claim and the details are clear, you might be offered a settlement. This settlement is a sum meant to cover your expenses. If you’re satisfied with the offer, you can accept it. However, if the settlement doesn’t fairly compensate you, you have the option of negotiating or even filing a lawsuit. A lawyer can help you understand whether the offer is reasonable or if you should take further action to get what you need to cover your costs.
• Trial. In some cases, the case goes all the way to court, where a judge decides on the outcome.

The whole process can take months or years, and it’s important to remember that you are still healing from your injuries. A lawyer can handle the case and seek fair compensation for you, freeing you to focus on your health.

Determining Fault and Compensation

In Ontario, car accidents are assessed through a no-fault insurance system, meaning your own insurance company may provide coverage for your injuries and losses, regardless of who caused the accident. However, the question of fault is still central to determining third-party claims and whether you’re entitled to additional compensation.

Both your insurance company and the other driver’s insurer will investigate the accident. When you work with a lawyer, your lawyer will also look at the evidence to determine who was responsible. Ontario’s traffic laws provide clear guidelines for determining fault in most accidents. For example, if one driver ran a red light or was speeding, that could be a major factor in determining fault. The more evidence you can provide—whether that’s witness testimony, dashcam footage, or photographs of the scene—the easier it is to clarify who was responsible.

In some cases, shared fault may apply, meaning both drivers contributed to the accident. Ontario follows a system of comparative negligence, which means that if both parties are at fault, each party may only be responsible for their percentage of the blame. This will affect how compensation is split between the involved parties.

Once fault is determined, the next step is figuring out what compensation you may be entitled to. In Ontario, there are two main types of compensation to consider: Accident Benefits (from your own insurer) and Third-Party Liability (from the other driver’s insurance).

Under Ontario’s no-fault system, your own insurance covers a range of benefits, regardless of who caused the accident. These benefits may include:

• Income replacement benefits. If you are unable to work due to injury, you may be entitled to income replacement benefits to help make up for lost wages. Usually, about 70% of your wages are covered this way, up to a weekly cap.
• Medical and rehabilitation costs. If you require medical treatment or rehabilitation after the accident that’s not covered by the government plan, your insurance may cover these costs, including physiotherapy, chiropractic care, and other services to help with your recovery.
• Caregiver benefits. If your injuries prevent you from caring for yourself or your family members, you may be eligible for caregiver benefits to help cover the costs of someone else providing care.
• Non-earner benefits. If you were not employed at the time of the accident, you could qualify for non-earner benefits to help support your basic needs while you recover.

If the other driver was at fault, you may be entitled to additional compensation for pain and suffering, lost wages, and other damages not covered by accident benefits. This compensation typically comes from the at-fault driver’s insurance company, although if they are underinsured or uninsured, you might need to pursue legal action or claim from your own insurer if you have additional coverage.

Compensation from the other driver’s insurance will depend on the severity of your injuries, the impact on your life, and the extent to which the other driver’s negligence caused the accident. For instance, if your injuries are severe and permanent, you could be entitled to a higher amount of compensation for pain and suffering.

If you’re dealing with a complex case or significant injuries, working with a personal injury lawyer in Oakville can make all the difference. A lawyer will help ensure that your rights are protected, guide you through the process of determining fault, and help you secure the fairest compensation possible. They’ll also deal with insurance companies, handle negotiations, and—if necessary—take the case to court.

Why You Should Choose Derek Wilson

When you’re facing the aftermath of an injury or dealing with a disability claim, I know how overwhelming it can feel. It’s not just about the physical recovery, but the emotional and financial toll it can take on your life. That’s why I’m committed to helping you and it’s why I founded my law firm, Derek Wilson Injury and Disability Law. Here’s why my clients choose me to handle their personal injury claims:

• You’ll work directly with me, not a junior lawyer. When you hire me, you’re hiring me. I don’t pass your case off to junior lawyers or assistants. From start to finish, I will be the only personal injury lawyer you deal with. This means you’ll always have direct access to me and my expertise.
• Over 30 years of experience in personal injury law. I’ve been practicing personal injury and insurance litigation since 1995. Throughout my career, I’ve focused exclusively on personal injury claims, which means I have the experience and knowledge to handle even the most complex cases. Whether you’ve been injured in a motorcycle accident, car accident, truck accident, or are dealing with a disability claim, I have the expertise to work with you.
• I know how insurance companies think. I’ve worked on both sides of the equation—first with insurance companies and now representing personal injury clients. This gives me a unique advantage: I understand exactly how insurance companies operate, what tactics they use, and how they try to minimize payouts. I use this insider knowledge to your benefit, ensuring that you’re not taken advantage of and that you get the full compensation you’re entitled to.
• No payment until we win. I believe in making this process as stress-free as possible for you. That’s why I don’t charge you any fees until I’ve successfully recovered money for you. You won’t need to worry about paying upfront costs or legal fees out of pocket. I only get paid when your case is resolved, so you can focus on your recovery without financial stress.
• I keep my caseload selective. I intentionally limit the number of cases my law team takes on to ensure I can give each one the full attention it deserves. This means that when you choose me to represent you, I can dedicate myself to your case and actively manage every detail.
• I care, above all, about you. I know how challenging it can be to deal with the aftermath of an accident or injury, and I’m here to help you through it. I don’t just want to resolve your case—I want to help you rebuild your life.

In fact, my whole team at Derek Wilson Injury and Disability Law is here to help you. I have built a team of compassionate and dedicated professionals I’m very proud of, because I see every day the difference we make in people’s lives.

Contact Us for a Free Consultation

If you’ve been injured, you need someone who genuinely cares about your well-being and has the experience to pursue compensation for you. I’m here to do just that. Contact Derek Wilson Injury and Disability Law for a free consultation to learn more.