Understanding how car accident settlements in Ontario work can be confusing. There are a number of factors to consider including what sort of expenses need to be paid for such as medical expenses and loss of wages. The level of settlement is also contingent on the seriousness of the accident. In Ontario, there are three levels of no-fault accident benefits:
- Minor injuries car accident settlements have a payout of up to $3,500
- Non-catastrophic Injuries car accident settlements have a payout of up to $65,000
- Catastrophic Impairment car accident settlements have a payout of up to $1,000,000
When you have been in a car accident it will have to be determined what level of injuries you have sustained to know what sort of car accident settlement you might expect. It can be difficult to determine a car accident lawsuit settlement average in Ontario due to every accident being unique. It is best to speak with an experienced car accident lawyer near you about your specific case to get a better idea of what sort of settlement you might get.
Car Accident Benefits Settlement in Ontario
The settlement of a personal injury case brings various benefits for the plaintiff, both tangible and intangible. The conclusion of a motor vehicle accident case, which involves an accident benefits settlement and final disposition, marks the end of a traumatic and often life-altering event in the plaintiff’s life. In addition to the emotional aspects of resolving a personal injury case, there are also financial implications tied to the settlement. Working with a local auto accident injury attorney can help you secure the best possible compensation across these areas.
A car accident benefits settlement in Ontario encompasses multiple layers. If you’ve been involved in a motor vehicle accident and are seeking a settlement, it’s essential to understand that the compensation may include:
- Income replacement benefits
- Attendant care benefits
- Medical and rehabilitation benefits
- Non-earner benefits
- Caregiver benefits
- Death and funeral benefits
The amount of compensation you may be eligible for largely depends on the severity of your injuries, which are classified as minor, non-minor, or catastrophic. As previously mentioned, a non-catastrophic injury settlement in Ontario typically results in lower compensation than a catastrophic injury settlement, as the impact on your life and medical expenses tend to be less significant. For more details, you can refer to the Statutory Accident Benefits Schedule at www.ontario.ca/laws/regulation/100034.
Income Replacement
Many plaintiffs who are unable to work and earn income are entitled to income replacement benefits. These benefits partially cover your lost income and are paid to those plaintiffs who, prior to the happening of the accident, were either employed or self-employed and who had worked twenty-six out of the last fifty-two weeks prior to the happening of the accident.
Every two weeks, plaintiffs receive 70% of their gross income in an amount not to exceed $400.00 per week. As such, a car accident benefits settlement pays a plaintiff a portion of what they were earning prior to the accident in a continued effort to continue to make the plaintiff whole.
Attendant Care
The Statutory Accident Benefits Schedule (SABS) defines attendant care benefits in Ontario personal injury settlements. Reasonable cause must first be shown for requiring such services. Attendant care benefits cover reasonable and necessary expenses that a plaintiff incurs in hiring an individual to assist them with self-care post-accident. The following are covered by Attendant Care:
In-home care to the plaintiff by an attendant or personal aide;
Long-term facility convalescent care.
The amount and duration of Attendant Care Benefits that are available depend upon the nature, severity, and extent of your injuries.
Attendant Care benefits may be broken down as follows:
- Up to $3,000 per month for non-minor injuries totaling $36,000 (to be be paid for no more than 104 weeks from the date of the accident); and
- Up to $6,000 per month for catastrophic injuries totaling no more than $1 million (with no applicable time limit).
Medical and Rehabilitative Services
A car accident benefits settlement contemplates payment for necessary medical expenses for all treatment that is related to the motor vehicle accident. Payment is made for medical care that a plaintiffs’ other health plan disclaims. As for rehabilitation, payment is made for all medical care and treatment related to the reduction or elimination of the impact of the injuries or disability you sustained in the accident.
Included in these benefits are visits to treating physicians, physical therapy treatments, surgical intervention, medication, diagnostic testing, and hospitalization.
Non-Earner Benefits
Where an individual does not qualify for Income Replacement Benefits, Non-Earner benefits are paid. If you were at least 16 years old at the time of the accident and a full-time student or recent graduate without employment you may also be eligible for non-earner benefits. These benefits are intended to compensate injured parties who are unable to engage in their activities of daily living and are paid weekly in the amount of $185.00 for the first 26 weeks of disability. In the event a non-earner’s disability continues past the 104-week mark, payments can increase to $320.00 per week under certain circumstances.
Caregiver Benefits
These are optional benefits that are not typically included in standard automobile insurance policies. These benefits are paid to an injured individual who acted as the primary caregiver to a child or adult who was dependent upon them. These benefits are only available and paid if the injuries sustained prevent you from performing your duties as a caregiver. You must also have resided with the dependent person at the time of the accident.
Death and Funeral Benefits
A one-time payment to cover funeral expenses may be available to accident survivors. Payment is typically limited to $6,000.00 but can go up to $8,000.00 depending on the circumstances. A spouse may be entitled to a payment of $25,000.00 and, if there is no spouse, the dependents of the deceased may split that amount. If your loved one was dependent upon you or if you were dependent upon the deceased, you may be entitled to reimbursement of $10,000.00.
Car Accident Settlements in Ontario
A car accident settlement in Ontario for benefits is a comprehensive, well-configured plan that enables injured parties to rely upon income to sustain their lifestyle and families as they enter the next stages of their recovery. This structure gives injured parties the strength and support they need to press forward and return to the life that they knew before their accident.
If you have been injured in a car wreck and you are wondering if you need a lawyer it is worth contacting our law office at 1-855-446-7765. The Himpro team can discuss your case and explain to you all of your options. We have a high success rate and will do all we can to ensure you get the car accident benefits you need.
Also see our herniated disc settlement page, or settlement for concussion in car accident page, for more information on potential settlements after an injury.
