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Accident Benefits

We provide services to customers in all cases
Accident Benefits
Car Accidents

If you have been hurt in a car accident in Toronto, the GTA or southern Ontario you know that the consequences can be life-changing.

No Fault Insurance:

Ontario has a no-fault insurance system for automobile and motorcycle accidents. This benefit is available if you are injured in a car accident, truck accident, or motorcycle accident.  It is available whether you are a driver or a passenger. The benefits are available even if you are at fault for the accident.  In addition to the no-fault Ontario Statutory Accident Benefits, an injured person in Ontario can also obtain compensation from the at-fault driver’s insurance company if there injury meets a certain threshold.

If you are injured as a result of a car accident or motorcycle accident in Ontario, you may be entitled to compensation from two sources:

Accident Benefits can be very complicated.  First, the right insurer must be chosen to be the carrier of your accident benefits claim.  There are certain priorities of which insurance company should be applied to. Sometimes a priority dispute may occur after applying for accident benefits, wherein two or more insurance companies will dispute which company should take ownership of the claim.

 

With Accident Benefits claims, come onerous and copious amount of forms to complete on an ongoing basis, along with stringent deadlines that must be adhered to.  This can be a massive source of stress for claimants. To further complicate matters, accident benefits are constantly changing under the STATUTORY ACCIDENT BENEFITS SCHEDULE, O. Reg. 34/10.  At Pranzitelli Law Firm, we handle all of your Accident Benefits forms, as well, we take over all communication with the insurance company on your behalf.  This way, you can focus on what matters, getting the proper treatment and taking the steps to recovery without distraction.

 

No Fault Insurance:

Accident benefits are available to anyone involved in an Ontario motor vehicle accident regardless of who is at fault.  These benefits are available under the Ontario auto insurance policy. Accident benefits may pay for items such as:

Income Replacement Benefits:

The accident benefits insurer is required to pay income replacement benefits for the period in which you suffer a substantial inability to perform the essential tasks of your employment or self-employment.  The insurer is not required to pay an income replacement benefit for the first week of the disability or after the first 104 weeks of disability, unless, as a result of the accident, you are suffering a complete inability to engage in any employment or self-employment for which you are reasonably suited by education, training or experience.

 

Amount of Income Replacement Benefit:

 

The weekly amount of an income replacement benefit is 70 per cent of the gross weekly income, up to a maximum of $400 per week, unless optional coverage was purchased by you, which could increase the amount of the income replacement benefit.

Non-Earner Benefits:

If you were not employed at the time of the accident, you may be entitled to a non-earner benefit of $185 per week.  The waiting period for meeting eligibility for non-earner is now 4 weeks. This benefit is available for a maximum of two years.

Caregiver Benefits:

The accident benefits insurer is required to pay a caregiver benefit if you were a primary caregiver for a person in need of care and did not receive any remuneration for engaging in caregiving activities.  The caregiver benefit is $250 per week plus up to $50 for each additional person requiring care, provided you sustained a catastrophic impairment as a result of your accident.

Medical and Rehabilitation Benefits and Attendant Care:

The accident benefits insurer is required to pay for medical and rehabilitation expenses and attendant care.  Insurance policies in Ontario now combine Medical Rehabilitation with Attendant Care coverages. The amounts available for Medical and Rehabilitation/Attendant Care benefits depend upon the coverage you purchased as well as the classification of your injury.  The amounts of coverage are generally as follows:

As provided above, there are significant differences in available coverage depending upon the classification of your injury.  Also, benefits for non-catastrophic injuries are only available for a maximum of 5 years for adults.

Housekeeping and Home Maintenance:

The accident benefits insurer is required to pay up to $100 per week for housekeeping and home maintenance services if, as a result of the accident, only ifyou sustained a catastrophic impairment, or if you purchased optional coverage.

Death Benefits:

The accident benefits insurer is required to pay the following death benefits for fatal accidents:

Our Working Process

1. Review the Details of the Case

Gather all the facts of the case, including witness statements, police reports, photographs, and more.

2. Layout a Roadmap

With our clients we will create a plan to ensure that you get the proper treatment you need from local treatment providers. Our team will be building our theory of the case, evaluating all liability documents, medical reports and all other pertinent documents.

3. Commence legal Action

Starting with a Demand Letter, we will put the Defendant(s) on notice of our claim, and if necessary, we will proceed all the way to trial. Our team always takes a common sense approach in attempting to settle the matter before a trial, however if necessary, we have and we are willing to proceed to have a jury decide your case!

Frequently Asked Questions

Do you charge for a consultation?

We never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.

What about out-of-pocket fees?
ON all our contingency fee retainers, you will not be responsible for out of pocket fees. Our firm will pay for all necessary out of pocket expenses until your case is settled or decided at court.
Who will work on my case?
At Pranzitelli Law Firm, you have a team of lawyers, articling students, paralegals, law clerks and legal assistants working on your case. All cases are overseen by Adriano personally.
Does it matter how long do I have to file my lawsuit
Every case is different. Its important to get legal advice on your case immediately to ensure you do not miss any limitation periods.
How much can I expect to win?
While every case is different, the value of your case will depend on a number of factors. Speak to our team now to see if you have a case.

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