Personal Injury Law
Accident Benefit Lawyers
Personal Injury Law
Accident Benefit Lawyers
A serious accident could leave you with severe injuries, leading to a lengthy and expensive recovery. Even after recovery, you might require prolonged or lifelong medical care depending on the nature of your injuries. These rehabilitation costs can be very expensive, and you are legally eligible to claim damages for them. To protect your rights in such cases and to ensure you receive sufficient compensation to cover your medical expenses, contact our accident benefit lawyers for legal support.
With our ‘No Win, No Fee’ policy, you need not worry about the legal expenses. Our legal fees will depend entirely on our successfully obtaining the compensation for you in the case. If you are dealing with a benefits claim while recovering from your injuries, you do not have to face it alone. Get in touch with our personal injury lawyers for assistance and guidance in your case.
Our Personal Injury law services
- Boating Accidents
- Bicycle Accident
- Car Accidents
- Catastrophic Injury
- Chronic Pain
- Cross-Border Injury
- Dog Bite Injury
- Fractures and Orthopaedic Injuries
- Liability in Personal Injury
- Long Term Disability Insurance
Claims - Medical Malpractice
- Motorcycle Accidents
- Nursing Home Negligence
- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
- Spinal Cord Injury
(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
How can our Personal Injury Lawyer help you?
Building a strong case on your behalf:
Your claim is only as good as the amount of supporting evidence and documents you are submitting to prove your case. Here, an experienced lawyer can help build a strong case on your behalf. In the event of a dispute, your lawyer will have to prove the defendant’s direct liability in causing your injuries.
Legal representation:
It is always best to get an experienced Personal Injury lawyer involved in your case from the very beginning. This is especially important if you have contributed to the accident in any way. Let your lawyer handle the negotiations with the insurance provider and the communications with the other parties involved in the case. For instance, victims have made serious mistakes when handling matters themselves. Making statements like “it was my fault” to the police authorities at the scene will lead to serious legal consequences later on. It is best to say nothing and follow the advice of your lawyer to figure out your next course of action.
Maximize your compensation:
Your legal team will also help in the negotiations with the insurance provider. Insurance providers often try to reduce your claim amount on flimsy grounds. An experienced lawyer will help you maximize your legal compensation. Also, if you do not have the money to pay for their services, you can also opt for the Contingency Fee arrangement with the lawyer. This means that they will only receive payment if they successfully secure compensation for you in court.
We can Help
Get in touch with our personal injury lawyers for any assistance with your accident benefit claim. Call us to schedule an appointment with our legal team for a consultation today.
Frequently Asked Questions
Do I need a personal injury lawyer for claiming accident benefits?
Yes. You will need the services of an experienced personal injury lawyer to ensure that you are receiving the maximum compensation you are entitled to under the law. Insurance companies generally try their best to reduce the compensation amount by downplaying your injuries and giving you the false impression that their offer is the maximum you are eligible to receive. An experienced personal injury lawyer will study the terms and conditions of the insurance policy and ensure that you are receiving the maximum amount as per the coverage. If the matter goes to court, he will represent in court and fight for the maximum compensation in the final order. At Nanda and Associate Lawyers, our personal injury lawyers can provide you with the necessary legal counsel on your claim.
What are the types of compensation I am entitled to in an accident claim?
This will vary depending on the particular circumstances of your case. But, generally, your claim for compensation can include the following:
- Medical expenses: The expenses you incurred for treating your injuries, including the projected expenses for your future medical care.
- Loss of earning capacity and lost income: Compensation for the lost income and any significant reduction in your earning capacity because of your injuries.
- Rehabilitation expenses: This includes any additional expenses incurred for adjusting to the daily life of the victim because of the injuries. The costs of vocational training, vehicle and home modifications, counselling, caregiver and housekeeping expenses are all covered under this.
- Property damage: You can seek reimbursement for any damage to your property, such as your vehicle or your laptop.
- Pain and suffering: You can seek compensation for the emotional distress and suffering from the accident and the injuries.
- Out-of-pocket expenses: Any other additional expenses you incurred because of the accident and the injuries can be claimed under this.
How long will it take to receive the compensation in my case?
This depends on the nature and complexity of your case. The majority of the personal injury cases are settled at the negotiation stage with insurance providers and their lawyers. However, if a settlement is not reached through negotiations, then the matter will have to move to the courts. Here, it may take 1 to 3 years for the case to reach a conclusion. It might take longer if the case is a complicated one involving multiple parties.
I was injured in a hit-and-run, and the driver is still unidentified. Can I claim damages?
The best option for you is to apply for compensation under the coverage you have with your insurance provider. If you are not insured and the liable party is not identified, you still have a few options to pursue. For example, many provinces have set up funds to help provide compensation in accident cases involving uninsured parties. In such cases, the compensation amount will be limited, and you will have to meet the eligibility criteria applicable to that program. It is best to seek the advice of our personal injury lawyer to identify the best course of action in your case.
What is the statute of limitations in a car accident claim?
Generally, the time limit for filing your claim in case of a car accident is 2 years. However, it is important that you inform your insurance provider soon after the accident regarding your claim. In some provinces, the requirement for reporting the accident to your insurance provider is within 7 days from the date of the accident. However, this deadline is not the same across all provinces and territories. It is best to consult your personal injury lawyer and follow his advice to make sure that you don’t miss any important deadlines.
Is it possible to sue the driver of the hit-and-run vehicle in the future when he is finally identified?
Yes. You can initiate a lawsuit against the driver of the hit-and-run vehicle when the police finally apprehend him. However, it is worth noting that without any evidence, such as a witness remembering the vehicle number or CCTV footage, it might not be possible for the police to track down the driver at all. You must pursue the maximum eligible compensation under the no-fault insurance policy from your insurance provider.
Can I sue again for additional compensation after the settlement?
Generally speaking, this is not allowed. A settlement in a case is final and binding on both parties. However, the law does allow some exceptions under specific conditions.
- Evidence of fraud: If you can prove that the previous settlement was arrived at through misrepresentation, coercion, or in bad faith, you may proceed with fresh legal proceedings.
- Multiple parties: Even though you have reached a settlement with one party, you can still pursue your claim for damages against the other parties involved in the case.
This is why it is important to seek professional legal advice from our experienced personal injury lawyers in your case from the very beginning.
Will I be eligible for compensation if I am partially responsible for the accident?
Even if you are partially responsible for the accident, you can still file your claim for accident benefits. This may prevent you from receiving full reimbursement for accident-related expenses. In other words, your contribution to the accident’s cause may lead to a reduction in the final compensation amount. For instance, the court will approve 70% of your requested claim amount if it determines that you contributed 30% to the accident. This principle is called Contributory Negligence, and this is applied to most such claims in Canada.
What are the different expenses I can claim as compensation?
Your accident claim can include the following expenses:
- Medical expenses: If the defendant caused the accident that injured you, he or his insurance provider is responsible for covering the costs of treating your injuries.
- Lost income or your reduced earning capacity: While undergoing the treatment, you will be missing many workdays. You can claim compensation for this lost income. In some cases, your injury might affect your ability to perform your work either partially or completely. If so, then the court will calculate the damages for your future loss of income, considering various factors, such as your age, experience, and educational background.
- Rehabilitation costs: A serious injury will take you a long time to recover from. You will require counselling and therapies to ensure that you recover to your normal strength. These rehabilitation costs can be very expensive, and you are legally eligible to claim damages for these expenses.
- Compensation for the property damage: You can also claim reimbursement for the cost of replacing or repairing your damaged car, laptop, or mobile phone.
- Pain and suffering: You can claim compensation for the emotional distress and physical pain you went through because of the accident.
- Out-of-pocket Expenses: You can claim any additional costs you incurred as a result of the accident under this category.
If we haven't identified the driver yet, can I still file the claim?
Yes. Even if it is a hit-and-run case, you can still file your claim for compensation. Typically, you will do this to secure compensation from your insurance provider. But if you are not covered, then follow the guidance of our Personal Injury lawyer to identify your options. Certain provinces have established funds specifically designed to cover uninsured hit-and-run incidents. Even if you are uninsured, you might still be able to apply for compensation under such programs. If the police identify the driver later, you may consider taking legal action against him.
Are there any specific rules if the other vehicle is government-owned or operated?
If the accident involved a government-owned vehicle or property, the notice period requirements might change. In most cases, you are required to inform the concerned authorities within 10 days or less. But this might not be the same everywhere. It is best to consult a Personal Injury lawyer immediately to avoid missing the deadline and failing to adhere to any local laws. Also, there might be some limitations on the extent of your claim. Government bodies are normally exempt from certain types of liabilities. There might be a cap on the amount of compensation as well.
How do we determine fault in an accident case?
Most provinces in Canada have implemented their own frameworks for determining fault in accidents. These Fault Determination Rules will provide guidelines for various scenarios like lane change accidents and rear-end collisions. Such rules help conclusively establish the fault in most cases. They also make it possible to determine the percentage of fault shared among multiple parties involved in the accident. Establishing the fault facilitates the smooth division of liabilities among the defendants.
If you are dealing with an accident claim, let our experienced personal injury lawyers help you with the case. While you recover from your injuries, let us fight for your rights and ensure that you receive the compensation you deserve.
