WHAT AM I ENTITLED TO RECOVER IF INJURED IN AN ACCIDENT
There are two possible sources of recovery following an accident. Your own insurance company is responsible for certain expenses known as accident benefits depending on the severity of your injury. This aspect will be discussed in a later article.
If the accident was not your fault, you may also be able to recover damages from the insurer of the responsible vehicle. this could include amounts for pain and suffering, income loss, housekeeping and healthcare expenses.
To make a claim for pain and suffering you must suffer an injury serious enough to pierce a level of injury referred to as the threshold. In effect you must suffer a serious and permanent impairment of an important physical, mental or psychological function or suffer serious permanent disfigurement. If your injuries meet that criteria you can sue for pain and suffering but your claim will likely be reduced by a statuatory deductible.
If you miss time from work you can make a claim for income loss following a seven-day waiting period.You are entitled to claim up to 70% of gross income loss up to the time of trial and 100% of your gross income loss following a trial. Unlike making a claim for pain and suffering there is no threshold to pierce to make a loss of income claim.
Should your injury pierce the threshold and require you to seek medical care not covered by OHIP or other sources you can claim your healthcare expenses.
Your injuries may make it difficult for you to carry out household chores or activities of daily living. You may have to enlist the support of others and pay them accordingly. should this occur you may be able to seek reimbursement.
Personal injury claims are complicated and time sensitive. It is essential that you retain a lawyer immediately to guide you through this process. Since 1956 Kelly Greenway Bruce has been advocating for the rights of injured parties. We will use our expertise and work with you to obtain just compensation and minimize your stress.
Contact Kelly Greenway Bruce at Oshawalawyers.com to learn about our experience and results or call us today for a free consultation.
The above information is of a general nature and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.