Accident Law FAQ
How soon after a motor vehicle accident should I consult a lawyer?
The first thing you should do after an accident is to contact the police, so they can get you to safety, control the scene, assess the situation, and take reports, statements and photos of the scene, while determining who is at fault. You should also contact the paramedics if you are hurt.
Your next priority should be to ensure that your injuries are looked after by going to see a doctor or to the emergency room. Once you have been properly treated for your injuries, consult with a lawyer to understand your rights. Your lawyer should provide you with a free consultation, so that you completely understand if you have a case, as well as what you are entitled to in terms of a settlement and medical care.
It’s also important to speak to a lawyer as soon as possible to determine if outside experts need to get involved to further reinforce your case, as well as medical professionals to provide the best medical attention available.
Your lawyer will contact your insurance company and file the proper claims forms, while getting the necessary information from the police and witnesses that were involved in your accident, to ensure that your case is properly supported.
Do I have to come to your office after I have been discharged from the hospital?
No. We will come to a location that is convenient for you, such as your home or another location.
What should I bring to the initial consultation with a lawyer?
Please bring the following documents to your free consultation:
- Motor Vehicle Accident Report from the police
- Description of how the accident happened
- Photographs of the scene
- Reports from doctors, including X-ray results
- List of physicians and specialists that are treating you
- List of prescribed medications
- Driver’s license
- Social Insurance card
- Health card
- Insurance declaration certificate
- A list of your out-of-pocket expenses
- Invoices for your expenses
When can I sue for my injuries?
If you are injured because of the actions of another driver, you can sue for damages, including pain and suffering, loss of income, and the future cost of care. There are various situations this applies to, including situations where the passenger is injured due to the negligence of the driver, where you are partially responsible for the accident, or in situations where you are a pedestrian.
Are their any limitation dates that I should be aware of?
You normally have two years from the accident date to start legal proceedings. You may be able to sue after the expiration of the two years, depending on the situation. In certain other situations, there may be a shorter time limit, such as an action against a municipality where notice must be given within 10 days of the incident. Since the time limit varies, speak to an accident lawyer as soon as you can.
What happens if a person is incapacitated by his/her injury and can’t make any decisions for him/herself?
YA family member can make decisions regarding treatment while the injured person is hospitalized, while a lawyer can help you with the legal process to get the settlement and medical care the injured person is entitled to.
I notified my insurance company about the accident, what’s next?
Once you have contacted your insurance company to inform them of your accident, an insurance claims adjuster will contact you to get details on your accident, as well as information on any injuries you have suffered and your overall health. It is advised to speak to a lawyer in the meantime. Your health care provider and lawyer will fill out and send all the necessary insurance forms to claim your insurance benefits. If you are not at fault, your lawyer will prepare documents to sue the insurance company of the driver who did cause the accident to get you the maximum compensation.
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Should I speak to the adjuster from the Insurance Company?
We don’t recommend speaking to the adjuster from the insurance company because you could be at a great disadvantage. As employees of insurance companies, adjusters may not point out or protect your rights to fair compensation, treatment and other important issues affecting you in the short-term and in the future. For these reasons, it is advised that your lawyer speak to the adjuster. Your lawyer will advise you about your rights and will help you understand your insurance policy and its terms.
There are sometimes different options that are available, such as suing the other driver, income replacement benefits, and short-term disability. Your lawyer will negotiate with your insurance company to get you the best possible medical care and settlement.
Our lawyers and team of experts understand how to file and process claims with your insurer and sue other insurers. Your lawyer will also provide the right guidance and preparation in establishing your claim.
How do I complete all of the insurance forms?
We don’t recommend completing the insurance forms on your own as they are complicated and should be completed by an experienced professional to make certain there are no errors or omissions of critical information. Speak to a lawyer who is experienced in accident benefits and will ensure that the forms are filled out correctly to make certain that your rights are protected.
Does “no fault” mean I can’t sue if I have been in a car accident?
No fault benefits are included in every automobile insurance policy in Ontario by law. This does not mean that you can’t sue the at-fault driver too. The amount of no-fault compensation is determined by regulations called the “Statutory Accident Benefits Schedule”. To claim these benefits, consult with an accident benefits lawyer to understand your rights.
What if the accident was my fault?
If the accident occurred in the province of Ontario, you are entitled to accident benefits regardless of who is at fault. This is because Ontario has a no-fault system of insurance. Depending on the severity of your injuries, you can receive anywhere from $3,500.00 to $2,000,000.00 in the form of accident benefits from your insurance company, exclusive of related expenses and legal costs.
General damages provide compensation for pain and suffering and loss of enjoyment of life. The limit imposed by the Supreme Court of Canada is approximately $360,000.00.
I was in a motor vehicle accident where I was not at fault, what are my rights?
You can request accident benefits from your insurance company, which should pay for your medical assessments and treatments, as well as some other benefits.
You can also sue the insurance company of the driver who caused the accident to get compensation for your financial loss, physical and psychological damage, as well as psychological damage to your spouse, even if your spouse was not involved in the accident.
The driver, who hit my car, took off after the accident and I can’t identify them. Who should I get compensation from?
If the accident occurred in the province of Ontario, you are entitled to accident benefits regardless of who is at fault. This is because Ontario has a no-fault system of insurance. Depending on the severity of your injuries, you can receive anywhere from $3,500.00 to $2,000,000.00 in the form of accident benefits from your insurance company, exclusive of related expenses and legal costs.
If you were a passenger of the driver who caused the accident, can you get compensation?
Yes. You can get compensation by the insurance company of the driver, not the driver personally, while the settlement you receive will outweigh any increases in insurance costs of the driver.
How do I earn an income if I can’t work due to my accident?
If you can’t work, you may be entitled to both income replacement benefits, as well as disability benefits. Speak to a personal injury lawyer to learn about the different options available to you, such as accident benefits, short-term disability, long-term disability, as well as other available benefits.
"The law isn't justice. It's a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be." ~Raymond Chandler
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Himelfarb Proszanski is a leading law firm with full service personal injury lawyers. We provide a combined century of trial experience which has led to the successful settlement of over 3,000 cases with combined settlement value in excess of ½ billion dollars. And finally, we’re the only firm to offer you the HIMPRO Advantage™.
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"My client was in a terrible car accident and suffered serious injuries. I referred her to Mr. David Himelfarb and his team took on her case. Mr Himelfarb managed to get her insurance company to provide her with excellent health services over a period of 2 years. HIMPRO's team was always there for the client, as well as providing her with additional information related to her case when she needed it. They removed the stress of dealing with the insurance company from my client, allowing her to focus on her physical and emotional healing. After two years of hard work, Mr. Himelfarb and his team secured a fair settlement from the at-fault driver for my client. I highly recommend Mr. David Himelfarb and his law firm to anyone who needs an effective personal injury lawyer."
Shireen Abbasi
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"Rosa was my Lawyer and she was amazing through the entire process. When dealing with a disability claim the claimant is so emotionally attached to every aspect, that it's imperative to have an empathetic but firm counselor and that's exactly what Rosa was for me!! She guided me and kept me informed the entire time and never made me feel like I was bugging her should I have a question or 10 questions. Although the subject on which I needed to hire this law firm was not awesome, the law firm itself was!!"
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“We started our disability claim with a lawyer who looked good on paper, but was completely ineffective. We sought out David after a year of getting nowhere but into debt. David settled our case efficiently and fairly. His office held my hand through the difficult proceedings and always left me feeling supported. I'm so grateful for Katherine, David, Maritza, and the many others who helped us along. (...) I can now focus on healing again and put the stress of the battle behind me. I have already personally recommended this firm to a friend.”
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Marc Nicholas
