When car accidents happen, they can result in significant disruption to your life and that of your family’s regardless of the nature and extent of your injuries and losses. However, when there are serious, life-altering injuries, the physical, financial and emotional consequences can be devastating. Whether you are the primary income-earner in the family or you contribute to it, being injured means that you need to take time off from work for treatment and rehabilitation.
Medical treatment, hospitalization, follow-up visits, therapy, etc. result in huge expenditure. Emotionally, this is a very difficult time for the victim and loved ones. The injured person may need care and assistance to perform the tasks of daily living, feeding, toileting, grooming etc. The loss of companionship, guidance, and care, help in making important decisions and lack of emotional support, help with household chores and tasks that were available prior to the accident can impact relationships and emotional well-being.
Claiming Compensation
As experienced Brampton car accident lawyers know, accidents are rarely accidental. They are in a large part caused by someone’s fault or negligence. Those injured in the accident are entitled to claim compensation for their losses.
There are different avenues of compensation available to injured victims. Statutory insurance benefits are available in Ontario to all victims through their own auto insurance policies, regardless of fault. This provides some amount of income replacement, reimbursement of medical and rehabilitation expenses and some other categories, based on the terms of the contract. Another area that can be tapped is to file a personal injury lawsuit against the at-fault driver. You are entitled to seek damages for pecuniary and non-pecuniary losses.
Have You Lost Your Job Because Of Inability To Work?
One of the most distressing aspects of being injured in an accident is the loss of function or working capability. It can put people and families into a serious financial crisis. Income replacement is essential because it helps to restore financial stability. In general, up to 70% of gross income replacement may be awarded and in some cases, this can go up to 100% based on the individual circumstances of each case.
Injured While Driving To/On Work
If the collision happened while you were driving to work, using a company vehicle, or were traveling on work related to the company’s business, other complex issues may arise. These concerns help in establishing the actual liability and responsibility, determining which insurance company should make the settlement payout, exploring other avenues and special benefits including workers’ compensation etc.
This is where an experienced, knowledgeable Brampton personal injury lawyer can give you the right advice and assistance.
Most people are unaware of the various options available to them. They may also not know how the specific laws in Ontario are applicable in their cases. Employers can be held liable if the collision occurred within the scope of your employment terms, the accident happened when you were on company work, and the company would have benefited from the work that you were on. In such cases, the company’s insurance coverage will apply as third-party damages. This also applies to drivers and passengers in the at-fault vehicle, pedestrians, passengers in the company’s vehicles etc. However, if you were on a personal errand or business at the time of the accident, or were committing a crime at the time, like drunken driving or running a red light, the liability remains with you.
In addition to employer’s compensation, you are also entitled to file a personal injury suit against the at-fault driver. Since employer’s compensation generally covers only a part of the lost wages and does not compensate you for pain and suffering, this additional suit can help you to make up the shortfall.
How Is Income Loss Calculated?
Under Ontario laws, the injured person is not eligible to receive any compensation for the first seven days following an automobile accident. This clause does not apply for injuries sustained in other types of accidents. Statutory accident benefits coverage is available up to a maximum of $400 per week, but if there is a difference between this amount and what you normally earn, you have to claim this from the at-fault party. Generally, income loss is calculated by examining your previous paychecks, tax returns, bank statements and any other documents that can prove how much you were earning.
Income replacement also depends on the nature and extent of an injury and your age at the time of the accident. If you are completely disabled, you may receive more compensation, again based on your age, possible career path, pay hikes you may have received, and also your ability to take up an alternate career at a later stage.
These benefits are not for life and you have to ensure that a suitable life-plan is created and documented so that your future is taken care of.
