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Car Accident Minor Injury Settlement: What to Expect?

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Car Accident Minor Injury Settlement: What to Expect?

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 Minor Injury Settlement Himpro

When you have been injured in a car accident, your ability to claim compensation will be based on your injuries’ seriousness, a car accident with minor injuries won’t have the same payout as a car accident with catastrophic injuries. Canadian law is very strict about how much can be awarded for different types of injuries and if the injured party can make pain and suffering claims. Some injuries like herniated discs can have a very long recovery time and this will come into play when determining compensation after a car accident as well.

Understanding Car Accident Minor Injury Settlement

If the injuries that you received in the car accident were minor, your lawyer would still seek compensation for your losses. However, a car accident minor injury claim is limited by law to $3,500 for each injury. Canadian law also prevents you from seeking pain and suffering damages unless your injuries were considered serious. “Serious” is defined as causing physical disfigurement or significant physical, mental, or psychological impairments.

To seek significant damages such as loss of future learning capacity, loss of enjoyment of life, or pain and suffering, your injury must fall within the “serious” category. This can significantly decrease the amount of compensation a person can receive when their injuries were only considered minor.

Were Your Injuries Really Minor?

Before your lawyer starts to file for a car accident minor injury settlement in Ontario, they will make sure that your injuries are actually considered minor or if they should be reclassified as serious injuries.

It is important to understand that injuries are all experienced differently. A person with a minor concussion from one accident may recover quickly and without issue. Another person with the same grade of concussion may find that they are having lasting issues and problems. This fact alone makes it crucial to work with a lawyer when you have been injured in an accident.

Important Facts About A Car Accident Minor Injury Settlement

It is crucial to understand that the laws concerning insurance settlements for car accidents are very complicated in Ontario. Laws that were passed in 2003 and updated in 2016 state that the injury victim is required to pay a deductible for any settlement that they receive in a car accident settlement. This deductible applies to any settlement for pain and suffering.

It is vital to understand that this deductible must be paid first from the settlement. If the award is not enough to cover the deductible, the injury victim will be held responsible for all of the insurance company’s legal costs.

This does not seem like very fair treatment for someone that has been injured in an accident.

As of 2020, the deductible is $39,556.53 for your pain and suffering claim. This means that you will need to be awarded a minimum amount of $40,000.00 to cover this deductible and still receive less than $500 for your losses. If you are only awarded $35,000.00, not only will you not receive any payment, you will also have to pay the insurance companies legal fees.

This complication in the law is not very friendly to the injured party. This is why it is important to work with a lawyer when you have been injured in a car accident. Your lawyer will ensure not only that your injuries are classified accurately and not downplayed by the insurance company but that any settlement you receive is fair and large enough to cover the mandatory deductible.

If you have been involved in a car accident and have been injured in any way, contact a lawyer as soon as possible to protect your rights. The insurance claim system is a complicated process that is not designed to be friendly to the injured party. The only way to protect yourself and your loved ones are to speak with a lawyer and have them manage your case in your best possible interest.

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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