Car Accident Benefits Settlement in OntarioJuly 15, 2020
Settlement in Ontario
The settlement of a personal injury case has numerous benefits for the plaintiff. These benefits are both tangible and intangible. The 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.
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. You can access the Statutory Accident Benefits Schedule at www.ontario.ca/laws/regulation/100034.
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.
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.
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.
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 Benefits Settlement in Ontario
A car accident benefits settlement in Ontario 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.
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