After a motor vehicle accident, it’s important to be aware of the benefits and compensation you may be entitled to. The best way to learn about this is to set up a consultation with an accident lawyer.
In this post, you’ll learn about a variety of claims you may be able to make such as disability, accident benefits, and tort claims.
Accident Benefits
All parties involved in a motor vehicle accident are entitled to accident benefits. Whether you are the at-fault driver, another driver, a passenger or a pedestrian, you have a right to receive compensation. The different types of accident benefits and maximum compensation amounts are outlined below.
Income Replacement
One common type of accident benefit is income replacement. Income replacement benefits will compensate you for 70% of your gross income loss, up to a maximum of $400 per week. If you obtain optional coverage, you can receive up to a maximum of $1,000 per week. If you are not employed, you can still receive $185 per week in non-earner benefits. Caregivers may also be eligible for benefits. Primary caregivers can receive $250 per week caring for the injured person. In addition, they can receive $50 per week for each additional person they provide care for.
Medical and Rehabilitation
Medical and rehabilitation benefits are another important type of motor vehicle accident benefit. Even if you sustain only a minor injury, you can still receive $3,500. If your injury is severe but non-catastrophic, you can receive $50,000 for up to 10 years or $100,000 if you signed up for additional coverage. Any catastrophic injury will provide up to $1,000,000 in benefits over your lifetime.
Attendant Care
You may also be eligible for attendant care benefits of up to $1,000,000 over your lifetime (with a maximum of $6,000 per month) for a catastrophic injury. For a non-catastrophic injury, you can receive $36,000 over your lifetime (with a maximum of $3,000 per month). If you have invested in higher levels of coverage, you can receive up to $72,000 over your lifetime.
Death Benefits
In the case that your spouse dies in a motor vehicle accident, the amount of death benefits you will receive depends on your coverage. Benefits can range from $25,000 – $35,000 if you are currently married. Dependents of the victim can also receive between $10,000 and $20,000. Finally, funeral expenses of up to $6,000 are included in death benefits.
Tort Claims
Tort claims for motor vehicle accidents compensate you for a variety of losses, including income loss, pain and suffering, and even housekeeping or handyman services you require because of your injury. They also cover medical and rehabilitation expenses.
Pain and Suffering
Pain and suffering tort claims will compensate you up to $362,000 across your lifetime, but only if you suffer a serious impairment. A serious impairment is one that results in a loss of mental, psychological, or physical ability. Permanent disfigurements such as scarring are also eligible. One thing to keep in mind about tort claims for pain and suffering is that they are subject to deductibles. For example, if you are awarded less than $121,000, your deductible will be $36,000.
Attendant Care
You can receive attendant care coverage for all past, present, and future expenses you incur. This only includes compensation for attendant care that is not already covered by your accident benefits insurance.
Loss of Income
Many motor vehicle accidents result in a loss of income. You can receive 70% of your gross past income loss. Any future income loss claims will cover 100% of the amount. Remember that income loss compensation is not available during the first week after your accident. If you receive employment or private disability insurance, or accident or disability benefits, these will be deducted from your lost income claim.
You can also be compensated for income loss after you go back to work if your injuries negatively impact your ability to be employed in a suitable position. If your job duties must be changed because of your injury, you will also be compensated for any income loss that results.
Housekeeping
Many motor vehicle injury victims require housekeeping services, which can be costly, but you can also be compensated for these expenses. You can receive up to $5,200 per year for any housekeeping services or for home maintenance from accident benefits. Additional expenses can be recovered from the at-fault driver.
Family Benefits
Family members who lose your care, guidance, or companionship due to your injuries can receive benefits of up to $100,000 (possibly more) over your lifetime. If a family member provides nursing or attendant care services after your accident, they can also be compensated for this. Any award that is less than $60,000 will result in an $18,000 deductible. If a family member dies in an accident, the family is also eligible to claim loss of income and household services.
Health Care
You are eligible to claim past, present, and future healthcare expenses. This only includes expenses that OHIP or your accident benefits insurer do not cover.
Disability Claims
Whether you have a partial or long-term disability as the result of a motor vehicle accident, you can make a disability claim through your employer, the Workplace Safety and Insurance Board (WSIB), or the Canada Pension Plan.
In the case of long-term disability, employers often make specific policies available through a group plan. Personal injury lawyers can be of great help as you work with your long-term disability insurer.
CPP disability benefits require complex applications and a personal injury lawyer will be invaluable during this process.
If you make a claim through WSIB, keep in mind that if you are a victim in an accident, you may be able to opt out of the application process and sue the person or party at fault for your injury. This is another case where a personal injury lawyer can help you understand your rights and make the right decision.
If you’ve suffered injuries during a motor vehicle accident, don’t wait to get in touch with a personal injury lawyer. A lawyer can help you fully understand your rights and what you are entitled to.
Speak to a personal injury lawyer today to understand your rights.
