When Should You Sue? Car Accident Claim Lawyers Can Advise You


Car Accident Claim Lawyers


If you have been injured in a motor vehicle accident, call a law firm of car accident claim lawyers. Making a claim for insurance benefits can be a complicated and frustrating process.  During a time when your energy should be directed toward healing, it’s best to have someone knowledgeable on your side, making sure the paperwork is in place and the deadlines have been met. In addition, depending on the circumstances of your accident, you may be able to sue for compensation against the driver who was responsible.


Many provinces in Canada, (including Ontario), have what is known as "no-fault insurance”. Some people misconstrue this to mean that no one will be held responsible. However, "no-fault” simply means that no matter who is at fault, you only deal with your own insurance company when making a claim. This system is designed to make it easier and faster to settle a claim. Fault in a car accident in Ontario is decided according to the Fault Determination Rules set out in the Insurance Act, which cover more than forty different accident scenarios and assign a fault percentage from 0 to 100% to each driver in an accident. Your car accident claims lawyer will be able to advise you as to whether you have a good case for compensation.


Bringing a Lawsuit


There are five circumstances in which you may be able to sue for over and above basic insurance coverage. These are:


·       Pain and suffering. If your injuries are considered to be, "permanent and serious”, you can sue on the grounds of pain and suffering. Your injuries can be either physical or psychological and a judge will decide whether your injuries qualify, based on medical evidence.

·       Health costs. If your injuries are deemed to be, "catastrophic”, you may be able to sue to be reimbursed for health costs. Catastrophic injuries include those types of injuries that have a significant impact on daily life, such as loss of vision, or quadriplegia.

·       Loss of income. You may be able to sue for loss of income, both past and future, if you can prove that your inability to work was caused by the injuries sustained in the accident.

·       Claims of family. If you are a family member of an accident victim, you may be able to sue for loss of "guidance, care, and companionship”. This claim can be made if the victim died, or if his/her injury is considered permanent and serious in a way that impacts family life significantly.

·       Housekeeping and home maintenance. Suing on these grounds is less common, since usually insurance benefits cover these expenses for tasks that keep your home in good condition which you are now unable to do perform. However, if the expenses were significantly higher than what the insurance company is willing to pay, you can sue for the difference.




Ask for a consultation with car accident claim lawyers. They will be able to advise you on whether a lawsuit is warranted. Since you are usually required by law to notify the person being sued within 120 days of the accident, it’s important to act in a timely fashion. Call a knowledgeable personal injury lawyer today, and learn more about your options.