Car Accident Lawyers

Car Accident FAQs.

What to Do If Someone Hits Me and Flees the Scene of a Car Accident in Toronto?

If you're in a car accident in Toronto and the other party flees, stay calm and act quickly. Ensure everyone's safety and move to a safe location. Call the police and detail the fleeing vehicle. Gather witness information and document the scene with photos. Get the police report and notify your insurance company for assistance with claims and uninsured motorist coverage. Consulting a car accident lawyer can help manage your claim and ensure fair compensation.

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Do I Have to Report My Car Accident in Toronto?

In Toronto, you must report a car accident under certain conditions. According to the Ontario Highway Traffic Act, report to the police if there are injuries or property damage over $2,000. Notify your insurance company promptly to facilitate claims and support. Document key details like time, location, and circumstances for police and insurance reports.

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Should I consult a lawyer for my car accident claim?

It is highly recommended to consult with an experienced car accident lawyer in Ontario. They offer valuable insights, help you understand your rights, and ensure you pursue the maximum compensation possible for your specific case.

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Should I seek medical attention after a car accident even if I am not injured?

Yes, it's advisable to seek medical attention after a car accident, even without immediate injuries, as symptoms can appear later. A medical exam documents your health status, crucial for insurance or legal proceedings. Prioritizing your well-being ensures underlying issues are identified and treated promptly.

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How much can someone sue for a car accident in Ontario?

The amount you can sue for in a car accident varies based on numerous factors, including the severity of your injuries, the impact on your daily life, and any resultant economic losses. Compensation can cover medical expenses, lost income, pain and suffering, and other damages.

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What is Disability?

Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.

Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.

In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.

Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.

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Why is it important to receive a catastrophic designation?

Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.

A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.

Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.

Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.

Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.

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What is considered to be a catastrophic injury?

A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.

Some examples of catastrophic injuries according to SABS criteria include:

• A severe brain injury;
• Loss of a limb;
• Extreme loss of vision; and
• Paralysis, among other injuries.

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What are some signs and symptoms of severe head trauma?

Each brain injury is a unique event with its own set of effects, there are some common difficulties arising from severe head trauma, including:

• Headaches;
  
• Confusion;
  
• Lightheadedness;
  
• Full or partial paralysis;
  
• Dizziness;
  
• Blurred vision or tired eyes;
  
• Ringing in the ears;
  
• Bad taste in the mouth;
  
• Fatigue or lethargy;
  
• Changes in sleep patterns;
  
• Behavioural or mood changes;
  
• Trouble with memory, concentration, attention, or thinking;
  
• Repeated vomiting or nausea;
  
• Convulsions or seizures;
  
• Inability to awaken from sleep;
  
• Dilation of one or both pupils of the eyes;
  
• Slurred speech;
  
• Weakness or numbness in the extremities;
  
• Loss of coordination;
  
• Increased restlessness or agitation.

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What is the second thing I do if I sustained a traumatic brain injury?

If you suffered a traumatic brain injury (TBI) due to someone else’s careless or negligent behaviour, after getting medical attention your next priority should be contacting an experienced catastrophic injury lawyer.

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What is the first thing I should I do if I sustained a serious blow to the head during an accident?

Any accident involving a serious blow to the head should be enough to seek immediate medical care, even if you feel fine in the following hours or days. Damage to the brain does not always produce noticeable symptoms immediately, so it is best to let a medical professional evaluate your cognitive abilities and brain function after an accident.

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What are the time limits on filing a catastrophic injury claim?

In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.

In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.

If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.

For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.

While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.

In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.

Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.

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Why is it important to seek representation from a personal injury lawyer with experience in catastrophic injuries?

It is crucial to seek representation from a personal injury lawyer with experience in catastrophic injuries. Personal injury lawyers with experience in catastrophic injuries have specialized knowledge and expertise in handling complex cases involving severe and life-altering injuries. They understand the unique challenges and nuances associated with catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns.

Lawyers who specialize in catastrophic injuries not only provide legal guidance but also offer emotional support and guidance throughout the legal process, helping clients cope with the challenges they face. By seeking representation from a personal injury lawyer at Gluckstein Lawyers with experience in catastrophic injuries, individuals can ensure they receive the level of care, expertise, and advocacy needed to navigate the complexities of their case, pursue justice, and obtain the compensation they deserve for the profound impact of catastrophic injuries on their lives.

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What benefits can I access if my injury is deemed catastrophic?

If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.

Here are some of the benefits you may be able to access:

• Enhanced Medical Benefits.
• Income Replacement.
• Attendant Care Services.
• Housekeeping and Home Maintenance Benefits.
• Rehabilitation Services.
• Transportation Expenses.
• Case Management Services.
• Home Modifications.
• Future Care Costs.
• Legal and Advocacy Support.

By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.

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What are some accidents that commonly lead to unexpected deaths?

Some common accidents that lead to unexpected deaths are:

• Car accidents;
  
• Motorcycle collisions;
  
• Truck crashes;
  
• Unsafe work environments;
  
• Medical malpractice;
  
• Bicycle crashes;
  
• Defective product injuries.

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What are some common types of car accidents?

Most car accidents involve two vehicles.

Common accidents include:

• Rear-end collisions;
  
• Side-impact collisions or T-bone accidents;
  
• Head-on collisions (often causing the most serious injuries).

Other common car accidents include:

• Striking a stationary object;
  
• Striking a cyclist or pedestrian.

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What if the at-fault party doesn’t have insurance?

If an uninsured or unknown party injured you, you should still seek out legal counsel. Consult Gluckstein Personal Injury Lawyers and learn if you can make a tort claim or accident benefits claim through Ontario's Motor Vehicle Accident Claims Fund.

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What if my injury meets the threshold?

If your injury meets the threshold, you may be entitled to recover damages from a car accident for pain, suffering, loss of enjoyment of life, health care expenses, Family Law Act damages, and other quantified losses. At Gluckstein Personal Injury Lawyers, we are here to help you understand what damages you can recover. It is important to speak to one of our personal injury lawyers to help you understand your rights. Contact our law firm today.

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What is the threshold?

To make a tort claim after a car accident, you must prove that your injury was the result of someone else's negligent, intentional or reckless actions and that it meets the “threshold” defined by the Insurance Act. The threshold is a description of the level of severity your injury must meet.

To meet the threshold, your injury must result in a:

• Permanent serious impairment of an important physical, mental or psychological function; or 
• Permanent serious disfigurement.

A personal injury lawyer can help you to determine the likelihood that you will meet the threshold.

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What can I sue for?

There are various categories of damages that an injured party can seek compensation for by way of a lawsuit. Any person injured in a motor vehicle accident in Ontario is eligible to claim Statutory Accident Benefits, even if they were at fault for the accident. If an insurer denies you the benefits you rightfully deserve for your injuries you can sue to obtain them. If your injury or a loved one's injury was the result of someone's negligent, intentional or reckless action or inaction, you may be able to sue for:

• Pain, suffering, and loss of enjoyment of life;
  
• Loss of income;
  
• Health care expenses;
  
• Family Law Act damages (i.e. claims by certain family members);
  
• Housekeeping and home maintenance expenses;
  
• Other quantified losses.

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When should you call a lawyer after a car accident?

As soon as possible. Beyond speaking with police and medical responders at the scene of the car accident and letting your loved ones know what happened, your first call should be to an experienced personal injury lawyer. In a no cost, no obligation initial consultation, Gluckstein Personal Injury Lawyers will listen to what happened, explain your rights, and answer any questions you may have about what to do next. It is especially important not to talk to an insurance company before you understand what kind of benefits and compensation you deserve.

If your case has merit and successfully results in a payment of compensation, your legal fees and expenses will only be paid out of the compensation you receive. If we cannot obtain compensation for you, you will not be charged. Of course, there is never any charge for our consultations, whether or not you choose us to represent you.

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Should I hire a lawyer for a minor car accident?

Minor car accidents with no injuries usually do not require the help of a lawyer. But if you have been injured, even in a minor car accident, you should not delay in contacting a personal injury lawyer. Your ‘minor injuries’ may be more severe than you think and they could lead to life-changing long-term consequences.

Contact a personal injury lawyer as soon as possible following an accident to ensure you don't miss deadlines to file a claim.

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Should I hire a lawyer for a car accident?

If you have been injured due to a motor vehicle accident, whether or not you were at fault, it is crucial that you speak to a lawyer. A personal injury lawyer can assess your case and let you know if you can receive compensation for your pain and suffering. It is important to note that there are limitation periods for claiming both ‘Accident Benefits’ and submitting a civil claim with the Courts.

Contact Gluckstein Personal Injury Lawyers today for a no cost, no obligation initial compensation to learn what we can do for you after a car accident.

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What to do after a motor vehicle accident?

When you or a loved one suffers a serious injury caused by a motor vehicle accident, the aftermath can be life-changing and overwhelming. You may face a lengthy recovery, daily pain, suffering, a complex insurance claim, and an inability to work or care for your family members, among many other unexpected challenges.

At Gluckstein Personal Injury Lawyers, our team is committed to your wellbeing. If you require support because you have sustained an injury from a motor vehicle accident, we are here for you. No question is too small. Contact our law firm today to speak with a personal injury lawyer about your car accident. We are here to listen.

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What if I’m at fault in a car accident?

Even if you’re at fault in an accident, you may be entitled to benefits. If you suffered a serious injury, those benefits could be substantial.

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Who chooses the case manager or treatment professionals for my rehabilitation?

It is your right to choose the case manager and any treatment professionals who’ll help you during your rehabilitation. If you don’t know who to approach, we’ll gladly provide you with contact information for organizations and professionals so you’ll be sure to get the help you need.

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