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Accident Law FAQ

Getting you the settlement and benefits you deserve following your accident.

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

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Accident Law FAQ

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.

Accident Law FAQ

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.

No. We will come to a location that is convenient for you, such as your home or another location. We can also meet with your virtually using Zoom and can arrange this quickly so that you can meet with your legal team without having to leave the comfort of your home. The legal system has embraced virtual representation which provides our client with the greatest of flexibility.

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, if available
  • Reports from doctors and hospital, 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 certificate for your automobile
  • A list of your out-of-pocket expenses
  • Invoices for your expenses

If you are injured because of the actions of another driver, you can sue for damages, including pain and suffering, loss of income, household assistance, attendant care, and the future cost of care . Generally, you have up to two years from the date of the accident to sue the at fault party for your damages. This is known as a limitation period. There are in some instances shorter limitation periods that you will not be aware of but your lawyers will. Therefore, it is extremely important to consult with one of our lawyers right after your accident so that you can be advised of any limitations that may apply to your ability to sue for damages.

  • Unfortunately, we encounter this often. Powers of attorney for property and personal care that were in place before the incapacity are valid for a period of time, however, someone must come forward to agree to act as the Guardian who will then be appointed by the court. This Order will permit usually the family member Guardian to make decisions for the incapable person and have access to their bank accounts and assets. This is a large responsibility and there is a duty to pass accounts, or show a judge every so often what was spent for the incapable person to make sure that there are no abuses and that the expenses paid for are in the best interest of the person. Our lawyers can assist in this process and explain the processes,and duties and responsibilities that will have to be undertaken.

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 before you start discussing your accident with insurance companies. We have your best interests in mind. Insurance companies do not and will use any information you give them against you. People may not appreciate that information they are giving insurance companies is actually quite harmful to their position. This is why you should be discussing what you will say to the insurance company with a lawyer before you do so. . 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.

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.

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.

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.

  • 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. You should consult with our lawyers to determine the no fault benefits that you are entitled to. We will quickly advise you and help you secure all the benefits you are entitled to.You should consult with a lawyer in any case, even if you think you are at fault, as we are very experienced in analyzing your accident situation and determining if another driver may also be at fault. If that is the case, then you will be able to sue the other driver for financial compensation. In that case, you will also be entitled to damages for pain and suffering.General damages provide compensation for pain and suffering and loss of enjoyment of life. In 1978, The Supreme Court of Canada imposed a cap or maximum limit on pain and suffering at $100,000, which value has been adjusted on an annual basis in accordance with the cost of living, such that the current maximum pain and suffering award amounts to approximately $400,000 as of 2023.

You are entitled to statutory accident benefit regardless of fault. These benefits include income replacement, non earner benefits, medical and rehabilitation benefits, and attendant care benefits. There are other benefits that you may be entitled to and you should consult with our lawyers to determine exactly what coverages you purchased and the type of benefits you are entitled to.When you are not at fault completely for the accident, you are legally entitled to claim against the at fault party for all of your damages, including pain and suffering, loss of income, loss of competitive advantage, past and future medical and rehabilitation costs, including attendant care, and loss of household services. Our team of experienced lawyers understand how to properly maximize these claims and are able to achieve substantial compensation for our clients.

Every automobile policy of insurance in Ontario provides coverage to drivers who are struck by a vehicle that is unidentified or a vehicle that stays at the scene but does not have insurance covering it. There is standard coverage for up to $200,000 in every policy. Most people purchase extra coverage, which is called a Family Protection Endorsement or OPCF 44R, which provides additional coverage up to the limit of your policy of insurance. It is extremely important for you to contact our lawyers to determine what coverages you have in this situation. This coverage is complex and will require a lawyer to be involved.

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. We are experienced and understand how to secure income continuation for our clients.

“Choosing the right lawyer is the most important thing to do after accident or insurance denial. It makes a difference in the quality and ability of the firm you hire. This translates to bigger and better settlements for our clients.”
~David Himelfarb

Why Choose HIMPRO?

Himelfarb Proszanski’s disability team has a strong reputation of successfully handling disability claims in Ontario. Some major local law firms refer us their client’s disability cases. Our track record of successfully handling 97.5% of denied disability claims proves that insurance companies take us seriously.

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. And finally, we’re the only firm to offer you. And finally, we’re the only firm to offer you the HIMPRO Advantage™.

  • Your injury is assessed and your options are discussed
  • Your rights are protected and your claim is pursued
  • Your disability and other benefits are secured
  • You or a loved one obtains the award they deserve
  • You receive updates throughout the entire process – Our Communication Guarantee
  • Your injury assessments are booked with respected specialists
  • Your rehabilitation is optimized and personalized using our extensive network of rehabilitation and medical specialists
  • Your rehabilitation is monitored and tracked
  • Your case is managed by our lawyers from start to finish
  • You are made aware of options designed to maximize your settlement amount
  • Free Case Evaluation
    Schedule your free no-obligation personal injury evaluation.
  • Hospital & Home Visits
    Visits are available free of charge anywhere in Ontario.
  • No Fees Unless We Win
    Our guarantee: we don’t get paid until your case settles.

Timing is Critical. Help is Free.

Get the Best Settlement and Medical Care You Deserve

Don’t wait. Seriously. If you have been injured and need legal help, every minute counts in helping you build a winning case.

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Please enable JavaScript in your browser to complete this form.
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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David Himelfarb-Best Lawyers-2025

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™.

LOCATION

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

Brampton Personal Injury Lawyer
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Personal Injury Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Personal Injury Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Personal Injury Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

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