Claiming After Car Accident

Getting you the compensation, care and medical benefits you deserve after an accident.

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Car accidents can be intense and frightening experiences. After a car accident, you may be in a state of shock that leaves you uncertain about what to do next. Below you will learn more about the steps you need to take to secure your insurance, legal, and medical needs for claiming after a car accident.

Call the Police

Your first course of action immediately after an accident is to call the police. This is a must. The police are trained to assess the scene, control traffic, and keep you safe. Just as importantly, the police are trained to take statements and photos of the accident scene and make a determination on which driver is at fault. If you are hurt, you should also call the paramedics right away.

Seek Medical Help

Even if you feel well after an accident, and certainly if you have injuries, you should visit a doctor. Make an appointment with your current doctor or visit the emergency room to receive the treatment you need. This visit can be an important first step in getting what you deserve from insurance companies, so make sure to make it a priority.

Seek Legal Help

After your injuries have been treated, contact a car accident lawyer for a free consultation. Your lawyer is an invaluable resource for helping you fully understand your rights under the law. A lawyer can also advise you as to whether you have a strong case and what kind of settlement or medical treatment the law entitles you to. Speaking to a lawyer soon after your accident will also give you a sense of whether outside medical or other experts will be needed to support your case.

Once you begin working with a lawyer in an official capacity, your lawyer can alleviate your stress by filing claim forms with your insurance company, gathering police and witness information, and making sure your case receives the support it needs.

Should you sue?

If a third party has caused severe injury to you, suing can ensure that you are compensated for medical bills, loss of income, or costs associated with training for a new type of work. If you do decide to sue, be prepared to provide your lawyer with evidence for your case and to potentially testify in court. Out of court settlements are also common. These involve negotiating a settlement sum as well as the terms and conditions.

Know how much your claim is worth

There are often many forms of compensation you can seek after an accident including compensation for loss of income, Family Law Act claims, and any other injuries or losses you have sustained.

You may also be entitled to compensation for general damages of up to $360,000, including pain and suffering and loss of enjoyment of life. However, claiming after a car accident must typically meet a threshold in order to qualify for general damage compensation. A threshold means you have experienced serious and permanent physical, mental or psychological disfigurement or impairment. You should also be aware that your general damages compensation may be affected by specific legal deductibles under the Insurance Act.

Additionally, if you suffer a loss of income due to an accident, it can be legally recovered. The compensation may include any future income loss, or losses you incur because of reduced income or an inability to find work due to your injuries.

Another type of compensation available to you includes compensation for pecuniary losses that have resulted from your injury. These losses include current and future travel, housekeeping, care, and home maintenance costs. It is even possible that you can be compensated for medical expenses not covered by your own insurance policy or OHIP.

Finally, if your family members suffer because of your accident, they may claim compensation for any of the expenses they have paid due to your injuries, as well as compensation for a loss of companionship, care or guidance.

After an accident, don’t forget to follow these steps to ensure that you are properly compensated for your losses.

Here’s What Our Clients Say

  • Often the public perceives lawyers in a negative way; but I can honestly say that David Himelfarb has the utmost ethical standards of any lawyer that I have dealt with. He took the time to explain the particulars of my case, was always available to take my calls, always returned my calls and his team of Clerks and Assistants were equally as professional and courteous. Should I ever need legal representation, I can assure you that I will retain his firm.

    Adina Williams

  • My no fault benefit claim was handled by the firm and was settled quickly and for a very good amount. The firm is extremely professional and dedicated. I would highly recommend the firm to anyone who has been involved in a serious accident.

    Victoria A. - Toronto, ON

  • I would like to extend a sincere thank you for your assistance regarding the legal issues and my claim for disability benefits. Your knowledge and expertise led to a quick resolution and a successful outcome. From the onset, you were honest with me about my case and yet always kept me in the loop as to what was going on. I appreciated your “up front” approach from our first meeting.

    Mike Elliott

Get the Highest Settlement and Best Medical Care!

Download our complete Motor Vehicle Accident Recovery Kit—our guide to what you need to know if you have been injured in a motor vehicle accident by completing the form below. You’ll also receive instant access to our free checklist on what to do after a motor vehicle accident in a convenient PDF!

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