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Motor Vehicle Accident Lawyers
In a serious motor vehicle accident, a life can change forever in an instant. Whether you're a driver or passenger involved in a single or multi-vehicle crash, or a pedestrian or cyclist struck by a vehicle, the force of the impact can cause injury, disability or death.
The costs associated with managing such a life-altering event can be immense. Choosing an experienced, knowledgeable and trusted motor vehicle accident lawyer will be one of the most important decisions you make. They can help you access the benefits and recover the damages that you deserve.
Gluckstein Lawyers have been helping victims of motor vehicles accidents for almost 60 years. Our team has the expertise to handle the most challenging and complex cases.
If you or a loved one sustained a serious injury in a vehicle accident, contact a Gluckstein Lawyer as soon as possible for a free, no obligation consultation to discuss your options.
What Counts as a Motor Vehicle Accident?
Types of Motor Vehicle Accidents.
The different types of motor vehicle accident claims include:
- Automobile accidents: car accidents involving one or more vehicles caused by distracted driving, driving under the influence of drugs or alcohol, vehicles in poor repair, hit-and-run collisions, weather-related accidents and/or dangerous driving.
- Long-haul transport truck and commercial vehicle accidents: these may result from poor training, unsafe working conditions, distracted driving, fatigue, impaired driving, and unsafe vehicle maintenance.
- Motorcycle accidents: these accidents often result in severe injuries or death because of limited rider protection from other vehicles.
- Cyclists or pedestrian accidents: typically involve motor vehicles colliding with a cyclist or pedestrian or otherwise causing a cyclist or pedestrian to injure themselves to avoid being struck.
- Bus accidents: municipal, intercity, school, or sight-seeing buses or coaches can be involved in single-vehicle or multi-vehicle collisions, which can injure passengers and others.
- ATV and snowmobile accidents: riders of these recreational vehicles must carry appropriate motor vehicle insurance coverage (with certain exceptions relating to private property), and may cause injury or be injured in collisions or roll-overs.
- Boating accidents: operators, passengers, or bystanders (swimmers, other boaters or people in the water or along the shore) can be involved in collisions or negligent actions occurring on the water or involving docks or other objects in the water or on shore, leading to injuries or death.
- Airplane and train accidents: excessive turbulence, crashes, collisions or derailments can result in catastrophic injuries and loss of life. Class actions or mass torts may be necessary if there are significant numbers of casualties.
Two Types of Motor Vehicle Accident Claims.
A person involved in a motor vehicle accident has two ways to make a claim for compensation:
- Anyone involved in a motor vehicle accident in Ontario may be eligible for the statutory accident benefits - even if they don't own a motor vehicle or have motor vehicle insurance coverage. These benefits are referred to as "statutory no-fault accident benefits".
- A person involved in a vehicle accident who is deemed to be not at fault or only partly at fault can file a lawsuit and make a tort claim for damages caused by another person's negligence.
Accident Benefit Claims.
A claim must be pursued by an automobile accident victim, through their own automobile insurance (or, depending on the circumstances, through the insurer of another vehicle involved in the accident), for:
- Medical and rehabilitation benefits
- Attendant care benefits Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Housekeeping benefits
- Death and funeral benefits
- Other benefits
While all these benefits are capped at certain amounts (that may change each year as a result of inflation), the nature and extent of your injuries, disabilities and personal circumstances will determine what and how much you will be eligible to claim or receive. If no one involved in the accident has motor vehicle insurance (or the accident is the result of a hit and run), you may be able to make a claim for accident benefits through Ontario's Motor Vehicle Accident Claims Fund.
The no-fault accident benefits system was designed to ensure that all motor vehicle accident victims (and certain eligible relatives) would be able to receive benefits to aid in their recovery in a timely manner. After a motor vehicle accident, you must notify your insurance company within seven days, or as soon as reasonably possible, that you wish to apply for no-fault accident benefits, and you must file a completed Application Form (OCF-1) with your insurance company within 30 days after receiving the documents from the insurer.
Insurance companies sometimes delay or deny these benefits unfairly. An experienced motor vehicle accident lawyer from Gluckstein Lawyers can help you fight to get what you deserve. We know how to deal with insurers to get results so that you can focus on healing.
Tort Claims.
A tort claim is a civil lawsuit against a negligent party involved in your accident, which caused or contributed to your injuries. Even if you were partly responsible for the accident, if someone else bears more of the blame, you can seek compensation.
While no amount of money can bring back all that you may have lost, awards for damages are designed to acknowledge your pain, suffering, loss of enjoyment of life and pecuniary (calculable) losses, including loss of income, health care expenses, Family Law Act damages (i.e. claims by certain family members), housekeeping and home maintenance expenses.
Your injuries must impact your life to a certain legal threshold for compensation to be recovered in a motor vehicle tort claim. You must provide evidence, mostly medical, to prove you have sustained a permanent serious impairment of an important physical, mental or psychological function; or, you must prove that you have suffered permanent serious disfigurement. You have two years to bring a lawsuit against the at-fault party for a personal injury.
Insurance companies may try to convince you that your injuries do not meet the "impairment" threshold, or they might make a 'lowball' offer to settle your claim early in the hopes that you won't pursue what you might rightly deserve. Gluckstein Lawyers' expertise with motor vehicle accident claims can be called upon to assess whether you have a case and what a fair settlement should take into account.
What to Do If You've Been Hurt in a Motor Vehicle Accident.
In the aftermath of a serious vehicle accident, you could be in a state of shock and/or so severely injured that you are incapacitated. However, if you are able to take certain steps, you can protect yourself, your loved ones and your rights by trying to do the following:
- Ensure all people involved in the accident are safe and stable.
- Call for help from first responders if any injuries require immediate attention. Always err on the side of caution if you are unsure; some injuries, such as brain trauma, internal bleeding, or other traumatic effects may not be obvious at first.
- Stay at the scene of the accident (if safe to do so, and if conditions permit) until it is appropriate to leave.
- Exchange contact and insurance information with all involved persons. Ask for contact information for any witnesses.
- If you are able to, take photos or video of your injuries and the accident scene.
- Make note of anything that could have contributed to the accident such as poor weather or visibility.
- Be discreet and limit what you say to other people involved in the accident and even your family and especially social media. You may unwittingly say something that could hurt your ability to obtain compensation.
- Go to the hospital for serious injuries and see your doctor as soon as possible for injury assessments and follow-ups.
- Contact a personal injury lawyer before speaking to any insurance provider (particularly one representing an at-fault party). However, report the accident to your own automobile insurer as soon as possible following the accident (or have someone do that for you if your condition prevents you from doing so).
How Can a Personal Injury Lawyer Help?
After a motor vehicle accident, dealing with insurers can feel overwhelming, especially when they attempt to minimize liability while you're already under immense stress. You may feel pressured to accept a low first offer, but this is where having an experienced advocate makes all the difference.
Gluckstein Lawyers understands the insurance process inside and out. We use our expertise and network of specialists to build a strong case for your accident benefits and damages, ensuring your injuries, disabilities, and financial losses are accurately assessed. Our team is not only determined to fight for your rights but also compassionate and committed to your recovery. With client liaisons and medical-trained staff, we provide full-circle care to support you throughout the legal process and help you rebuild your life after an accident.
Contact Us for Your Free, No Obligation Consultation.
If you're unsure about your next steps after a serious motor vehicle accident, a free consultation with Gluckstein Lawyers can provide clarity. We'll listen to your story, explore your options, and determine how we can assist in accessing benefits or compensation for your losses. If we can't help, we'll explain why and suggest alternative paths forward. With nothing to lose and so much to gain, contact Gluckstein Lawyers today.
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