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Car Accident Settlements in Ontario

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Car Accident Settlements in Ontario

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
car accident benefits settlement

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:

  1. Minor injuries car accident settlements have a payout of up to $3,500
  2. Non-catastrophic Injuries car accident settlements have a payout of up to $65,000
  3. 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.

Car Accident Benefits Settlement in Ontario

The settlement of a personal injury case has numerous benefits for the plaintiff. These benefits are both tangible and intangible. The accident benefits settlement and final disposition of a motor vehicle accident case is the conclusion of what certainly has been a traumatic and often life-changing event in the life of a plaintiff. Beyond the emotional aspects of the conclusion of a personal injury case, there are financial ramifications of a personal injury settlement. An auto accident injury attorney near you can help fight to get you the best possible settlement in any of these areas.

A car accident benefits settlement in Ontario has numerous layers. If you have been involved in a motor vehicle accident and are seeking a car accident benefits settlement in Ontario, it is important to know that such a settlement may be comprised of the following:

  • Include income replacement;
  • Attendant care benefits,
  • Medical and rehabilitation benefits;
  • Non-earner benefits;
  • Caregiver benefits; and
  • Death and funeral benefits

The amount of compensation available depends mostly upon the degree of your injuries, which are categorized as either minor, non-minor, or catastrophic. As mentioned above you can expect a lesser amount of compensation for a non-catastrophic injury settlement than you would for a catastrophic injury settlement since typically the impact on someone’s life and the medical costs end up being less. You can access 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 for more information on potential settlements after an injury.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
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Kitchener Disability Lawyers
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Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
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Oshawa ON
L1H 4G1
(289) 634-5554

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