When a person becomes a victim of a motor vehicle accident, he or she enters a strange, confusing world governed by complex statutes and regulations. These include the Insurance Act of Ontario, which governs and regulates the victim's entitlement to ongoing statutory accident benefits (SABs) from his or her own insurance company, as well as many of the court procedures to be followed in claiming against the at-fault parties responsible for the motor vehicle collision.
You can claim for Statutory Accident Benefits (SABs) from your own insurance company. If you do not have automobile insurance at the time of your car accident, you may claim ongoing Statutory Accident Benefits (SABs) from:
Currently, you may qualify for income replacement benefits (IRBs) equal to 70% of your gross income to a maximum of $400.00 per week; a non-earner benefit; or a caregiver benefit if you are the primary caregiver for a person in need of care. You may also be entitled to medical and rehabilitation benefits of up to $50,000.00 for up to 10 years if you suffer a non-catastrophic (non-CAT) injury, or $1,000,000.00 over your lifetime if you suffer a CAT injury. There is also provision for attendant care benefits for your personal care, at $3,000.00 per month for up to 2 years (max. $36,000), and in case of a CAT injury, at $6,000.00 per month to a maximum of $1,000,000.00 over your lifetime.
Other benefits may also be payable to you. The Statutory Accident Benefits Schedule (SABS) under the Insurance Act provides access to significant statutory benefits, regardless of fault, for those injured in car accidents, including medical rehabilitation and attendant care benefits, weekly income benefits, caregiver benefits, reimbursement for housekeeping and home maintenance, and -- in the event of death -- death and funeral benefits payable under the insurance policy.
Your lawsuit claims may encompass recovery for pain and suffering; loss of enjoyment of life; loss of income and loss of competitive advantage; housekeeping and home maintenance expenses not covered under your SABS, together with health care expenses not covered under your SABS.
To claim for pain and suffering, you must have suffered a permanent and serious impairment of an important physical, mental or psychological function, or permanent serious disfigurement such as amputation, paralysis, or scarring. This is part of the "threshold" test, which is mandated by the Insurance Act in favor of your insurance company.
You may also claim for loss of income that is not subject to the above threshold test or deductible. Accordingly, you may claim 70% of your gross income loss up to the date of settlement or trial, which you have not received under the SABs. In case of continued inability to work, your future or prospective income losses may be claimed at 100% of your gross income loss, less any monies you may receive under the SABs, long-term disability, or Canada Pension.
Gillis Injury Law has over 35 years of experience working with family physicians, medical specialists and other health care professionals in properly documenting the extent of injuries suffered in car crashes, and the resulting degree of disability and impairment suffered as a Personal Injury by you and/or your loved ones. We work closely with your doctors and with rehabilitation specialists, occupational therapists and others in order to provide the most comprehensive solutions to the needs and concerns that you or your loved ones may have.
We work hand-in-hand with you, the client, to advance your case, and to keep you well informed as we proceed. Most cases involving serious personal injury settle before coming to trial. We have access to, and good relationships with, the many private mediators whose role it is to conduct mediations with a view to an early settlement. We have a reputation for strong and effective negotiation.
If, however, your case does not settle via mediation, we are also experienced as trial counsel to effectively present your case before a Judge and Jury in Court.
If you have been injured and need assistance in understanding accident benefits and legal procedures, Gillis Injury Law encourages you to consult with our car accident lawyer in Richmond Hill. Our car crash lawyer in Brampton also assists new clients Monday through Friday, with fast-track appointments at the office, hospital or your home available. Call us today.