Car Accident, Truck Accident & Motorcycle Accident Lawyer Etobicoke Toronto
There are Statutory Accident Benefits and Tort Claims. Both are very different and are usually equally confusing for injured people. At Ristich Law, we will ensure that you understand all of the details of each stream of recovery.
STATUTORY ACCIDENT BENEFITS
In Ontario, every automobile policy is also required to include mandatory accident benefit coverage, which ensures that everyone who is injured in a car accident is entitled to certain benefits. For this part of a claim, it does not matter who is at fault!!! Just remember, in your claim for Accident Benefits, there are no benefits, for pain and suffering, that will come from your Tort claim.
If you have suffered serious injuries, you can make a claim for Accident Benefits, even if it was determined that you were “at-fault” for an accident. If your injuries qualify, you could be entitled to Income Replacement Benefits, Medical Rehabilitation Benefits and Attendant Care Benefits:
INCOME REPLACEMENT BENEFITS
If you are unable to work after an accident, you may be entitled to 70% of your gross income up to a maximum of $400.00 per week, or more if optional benefits were purchased.
If you were not employed prior to the accident, you may be entitled to $185.00 per week for the first two years after your accident.
MEDICAL BENEFITS & ATTENDANT CARE BENEFITS
Provided your injuries are not “minor”, persons with Non-Catastrophic Injuries may have up to $65,000.00 available for medical and attendant care benefits. In the case of attendant care benefits, in order to qualify for those benefits, your attendant care would have to either be performed by a professional or a family member that has incurred an economic loss in order to help you with your personal care needs.
ACCIDENT BENEFITS & CATASTROPHHIC INJURIES
Ristich Law can help guide you through the maze of Statutory Accident Benefits. In some cases, a person’s injuries may qualify as being “catastrophic”. That is a legal term with a specific meaning and in the context of a car accident, we will ensure the right medical professionals make the determination of whether your injuries are catastrophic.
Persons with Catastrophic Injuries may have up to $2,000,000.00 available in combined medical and attendant care benefits.
MOTOR VEHICLE ACCIDENTS – TORT CLAIM
A Tort claim is a claim being advanced against the person who cause the accident. Unlike Accident Benefits, in a Tort claim, fault matters.
Sometimes, fault isn’t easy to determine so it is possible that multiple parties are at fault and in those cases, Judges or Juries have to determine what percentage of fault each party bears.
All motor vehicle accidents in Ontario are subject to two very serious restrictions. The first is called “Serious Injury Threshold” and it is a test used by the court to determine whether an accident victim should be allowed to recover money for pain and suffering. There are three components a Judge will look at when determining if your injuries meet the threshold.
- Are your injuries serious?
- Are your injuries permanent?
- Lastly, if your injuries are both serious and permanent, do your injuries impair an important physical, mental, or psychological function?
The second hurdle an injured person needs to overcome in their Tort case is something called the “statutory deductible”. In 2019, the statutory deductible in Ontario is $38,818.97.
This deductible works the same way as a deductible works in a property damage case and is of no benefit to the injured party and was only instituted after big insurance companies successfully lobbied our government to enact this damaging bit of legislation.
Let’s say it is determined that your “pain in suffering” (what we call General Damages) are in the amount of $50,000. Your damages would be calculated as $50,000 less the deductible, so the injured person would only receive just over $11,000.00 in compensation. However, the deductible does not apply to cases where pain and suffering is assessed at over $129,395.49.
Once we have determined whether your case can overcome the first two hurdles, we will make claims for your Pain and Suffering Loss of Enjoyment of Life Loss of Income, Loss of Competitive Advantage, Future Medical and Rehabilitation Care Expenses Housekeeping and Home Maintenance Expenses and all relevant Out of Pocket Expenses.
There are also strict rules and timelines for when you can start your Tort Claim so Contact Us now so we can help you understand this entire process.