Public Transportation Accident Lawyers

FAQs.

How Much Money Can I Get From My Long-Term Disability Benefits?

The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:

• Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
  
• Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.
  
• Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).
  
  
• Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.
  
  
• Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.
  
  
• Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.
  
• Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.

To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.

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Why Do Insurance Companies Deny LTD Claims?

Insurance companies may deny Long-Term Disability (LTD) claims for various reasons, some of which are legitimate while others may involve errors, misinterpretations, or disputes. Here are common reasons why insurance companies deny LTD claims:

1. Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
   
2. Pre-Existing Conditions: Some policies exclude coverage for pre-existing conditions or conditions that existed before the policy came into effect. If the disability is deemed to be related to a pre-existing condition, the claim may be denied.
   
3. Policy Exclusions: Certain policies have specific exclusions for certain types of disabilities, treatments, or conditions. If the disability falls under an exclusion listed in the policy, the claim may be denied.
   
   
4. Failure to Meet Criteria: Insurance policies often have specific criteria that must be met to qualify for LTD benefits. If the claimant does not meet these criteria, such as the definition of disability or waiting period requirements, the claim may be denied.
   
   
5. Incomplete Documentation: If the required documentation, forms, or information are incomplete, missing, or not submitted within the specified timeframe, the insurance company may deny the claim due to insufficient information.
   
   
6. Discrepancies in Information: Inconsistencies between the claimant's statements, medical records, and other documentation can raise red flags and lead to the denial of the claim.
   
   
7. Failure to Follow Treatment Plans: If the claimant does not follow prescribed treatment plans, attend medical appointments, or comply with rehabilitation efforts, the insurance company may deny the claim on the basis of non-compliance.
   
   
8. Occupational Duties: If the disability does not prevent the claimant from performing the essential duties of their occupation as defined in the policy, the claim may be denied.
   
   
9. Surveillance Results: Insurance companies may conduct surveillance to investigate the validity of a claim. If the surveillance results suggest that the claimant's reported limitations are inconsistent with their activities, the claim may be denied.
   
   
10. Fraud or Misrepresentation: If the insurance company suspects fraud, misrepresentation of facts, or intentional withholding of information by the claimant, the claim may be denied.

Understanding these reasons for denial can help claimants navigate the LTD claims process more effectively, address any issues proactively, and seek recourse if they believe the denial is unjustified. It's advisable to consult with legal counsel specializing in disability insurance claims to explore options for disputing a denied LTD claim.

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What Medical Conditions Qualify for Long-Term Disability?

Long-Term Disability (LTD) insurance typically covers a wide range of medical conditions that significantly impact an individual's ability to work and perform daily activities. While the specific criteria for qualifying for LTD benefits may vary depending on the policy and insurance provider, here are common medical conditions that often qualify for Long-Term Disability coverage:

1. Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
   
   
2. Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
   
   
3. Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
   
   
4. Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
   
5. Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
   
6. Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
   
7. Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
   
8. Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
   
9. Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
   
10. Degenerative Diseases: Conditions like osteoarthritis, degenerative disc disease, muscular dystrophy, and other progressive diseases that result in physical decline over time.

It's important to note that each LTD policy may have specific definitions, limitations, and exclusions regarding covered medical conditions. To determine if your medical condition qualifies for Long-Term Disability benefits, consult your policy documents, speak with your insurance provider, and consider seeking guidance from a healthcare provider or legal expert specializing in disability insurance claims.

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Can You Dispute Your Denied Disability Claim?

Yes, you can dispute a denied Long-Term Disability (LTD) claim if you believe that the denial is unjustified or incorrect. Disputing a denied LTD claim involves challenging the decision made by the insurance company and presenting additional evidence or arguments to support your claim for disability benefits. Here are steps to effectively dispute a denied LTD disability claim:

1. Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
   
2. Gather Additional Evidence: Collect any new medical records, test results, physician statements, or other relevant documentation that strengthen your case for disability benefits. Ensure that this evidence directly addresses the reasons cited for the denial.
   
3. Consult with Legal Counsel: Consider seeking advice from a lawyer specializing in disability insurance law. A legal expert can assess your case, provide guidance on disputing the denial, and represent you in negotiations with the insurance company if needed.
   
4. Prepare a Detailed Dispute Letter: Craft a comprehensive dispute letter outlining the reasons why you believe the denial is incorrect. Clearly present the additional evidence, explanations, and arguments supporting your claim for disability benefits.
   
5. Submit the Dispute: Send your dispute letter and supporting documentation to the insurance company within the specified timeframe outlined in your policy. Use a method that provides proof of delivery to ensure your dispute is received.
   
6. Engage in Dialogue: Stay in communication with the insurance company throughout the dispute process. Be prepared to provide further clarification, answer questions, or provide additional information as requested.
   
7. Consider Alternative Resolution: If direct negotiation with the insurance company does not lead to a resolution, explore alternative dispute resolution methods, such as mediation, to seek a mutually acceptable outcome.
   
8. Legal Action: If all attempts to dispute the denial prove unsuccessful, you may consider taking legal action against the insurance company by filing a lawsuit. Your legal counsel can guide you through the litigation process and represent your interests in court.

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How Do I Appeal Long-Term Disability Denial?

When faced with a denial of your Long-Term Disability (LTD) claim, appealing the decision is a crucial step to seek reconsideration and potentially secure the benefits you are entitled to. Here are the steps to effectively appeal a Long-Term Disability denial:

1. Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
   
2. Gather Supporting Documentation: Collect all relevant medical records, test results, physician reports, and any other evidence supporting your disability claim. Ensure that this documentation addresses the reasons for denial outlined in the letter.
   
3. Understand the Appeals Process: Familiarize yourself with the specific appeals process outlined in your LTD policy. Note any deadlines for submitting an appeal and follow the prescribed procedures to ensure your appeal is considered.
   
4. Draft a Comprehensive Appeal Letter: Prepare a detailed appeal letter addressing each reason for denial, providing additional evidence, explanations, and arguments supporting your claim for disability benefits. Be clear, concise, and organized in presenting your case.
   
5. Seek Legal Advice: Consider consulting with a lawyer experienced in disability insurance law to guide you through the appeals process, review your appeal letter, and provide legal representation if needed.
   
6. Submit the Appeal: Send your appeal letter and supporting documentation to the insurance company within the specified timeframe. Use certified mail or another method that provides proof of delivery to ensure your appeal is received.
   
7. Follow Up and Maintain Communication: Keep track of your appeal timeline, follow up with the insurance company to confirm receipt of your appeal, and maintain open communication throughout the appeals process.
   
8. Consider Alternative Dispute Resolution: If the appeal is unsuccessful, explore alternative dispute resolution options, such as mediation or arbitration, to resolve the dispute outside of litigation.
   
9. Legal Action: If all appeals are exhausted and your claim remains denied, you may consider pursuing legal action against the insurance company through a lawsuit with the assistance of legal counsel.

By following these steps and seeking professional advice where necessary, you can navigate the appeal process effectively and increase your chances of overturning a Long-Term Disability denial.

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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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What are the most common causes of injury-causing accidents involving trains?

While there can be many causes of train accidents, the most common reasons for injury-causing accidents include: negligence of train operators and railway staff (failure to adhere to the proper process, inattention, intoxication, speeding); reckless motor vehicle drivers, cyclists, and pedestrians who trespass or cross tracks at unsafe times; stalled vehicles on tracks; unprotected rail crossings or defective safety features at crossings (lights, bells, crossing arms); mechanical failures and/or defective tracks; derailments; and suicide.

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How common are train accidents in Canada?

Recent statistics show about 1,000 accidents per year across Canada. Freight trains accounted for just under 40 per cent and single cars/locomotives and track units accounted for just under 60 per cent. The remainder, about four per cent, involved passenger trains. About one in six accidents occurred at rail crossings. Two-thirds of rail fatalities (approximately 60 to 70 annually) are the result of trespassing, while about one in four are crossing fatalities.

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What are the types of heavy rail transportation systems in Ontario?

In southern Ontario’s Golden Horseshoe region, GO Transit operates seven heavy rail commuter transit routes. The Union-Pearson (UP) Express is a 23-kilometre long airport rail link between Union Station and Toronto Pearson International Airport that is classified as a heavy rail system. Via Rail is a Crown corporation designed to facilitate inter-city travel across Canada, including routes along the Windsor-Ottawa corridor and some routes reaching the northwestern portions of the province. Two national railway companies, the Canadian National (CN) Railway and the Canadian Pacific (CP) Railway, and an additional 17 other rail companies operate routes either within Ontario or between provinces including Ontario. Passenger service on these systems is generally limited and most of these trains are used for freight service.

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What does heavy rail mean?

Heavy rail transit is usually defined as inter-city rail transit where there are dedicated right of way tracks.

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Are there deadlines when seeking compensation for subway, streetcar or light rail accidents?

If applicable, an application for SABS can be made through your own motor vehicle insurance provider or the provider of a motor vehicle driver involved in the collision. You must begin the SABS application process within 30 days of the accident. Anyone seriously injured in a subway, streetcar or light rail accident in which they were not at fault or only partially at fault can make a claim for damages against the at fault or negligent party/parties. It is important to know that while generally you have two years from the time of the accident/injury to file a claim for damages, if a claim is made against a municipal government or transit authority, notice of claims are required to be filed within 10 days.

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What are some common types of injuries sustained in subway, streetcar or light rail accidents?

Common injuries from these types of accidents include: traumatic brain injuries, whiplash, sprains and strains, spinal cord or other nerve damage, fractures, cuts, bruises, or scarring.

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What types of accidents can occur on subways, streetcars and light rail transit?

People may fall or be pushed onto subway tracks, be hit by vehicles when entering or exiting a streetcar or street-level LRT vehicle, be injured if doors close too quickly on a rider, slip and fall on the vehicle itself or platform/transit shelters, fall or suffer trauma when bracing themselves during a sudden stop, injured themselves due to hazards on poorly maintained vehicles or platforms, through physical altercations between passengers, or through collisions with other vehicles or stationary objects. 

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What Ontario communities have subway, streetcar and light rail systems?

Larger urban environments in southern and eastern Ontario have developed or are in the process of developing transit systems employing subway (heavy rail and light metro rail), light rail, and streetcar technology. These communities include: Ottawa, Toronto, Kitchener-Waterloo Region, Peel Region, and Hamilton. 

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Am I able to make a claim for damages if the bus accident was not my fault or only partially my fault?

If you were not at fault for the accident or only partially at fault, you may be able to file a tort claim for damages. Transit riders injured in bus accidents that do not involve a collision are no longer eligible for SABS and must file a tort claim for compensation. Anyone else involved in a bus accident may make a claim for compensation to supplement SABS. While there is a general deadline to file a claim within two years of the accident (or within two years of being reasonably aware of your injury), notice of claims against a municipality or Ontario’s Ministry of Transportation must be submitted in writing to the appropriate office within just 10 days of the accident, unless a person’s injury reasonably prevents them from being able to file within that period or another factor alters the timelines established by the law (for example, passengers under the age of 18).

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Do I qualify for the Statutory Accident Benefits Schedule (SABS) if I was involved in a bus accident?

Anyone involved in a collision involving a bus or other motor vehicle in Ontario is eligible to receive SABS. However, the provincial government made changes to the Insurance Act designed to eliminate SABS for public transit riders who are injured if the accident does not involve a collision with an object or other vehicle. Section 268(1.1) of the Insurance Act prevents applications for SABS against either the transit authority’s insurance policy or a rider’s own vehicle insurance.

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What are some common causes of bus accidents?

Bus accidents may be the result of driver inattention or distraction, driver fatigue, speeding and/or dangerous driving, sudden stops or swerves to avoid hazards, influence of alcohol or drugs, poor road conditions, vehicle disrepair/malfunction, hazards on the bus (slippery floors, uneven flooring, falling objects, doors closing prematurely), physical contact (intentional or unintentional with other passengers), verbal abuse or harassment by passengers or the driver.

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What are some types of bus accidents that can cause injury?

Bus accident injuries can occur as a part of a collision (with another vehicle, road user or stationary object), a rollover, erratic driving or swerving, slip and falls, or through incidents (including physical altercations or other abuse) with passengers or the driver.

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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 my legal rights following a bus accident?

Whether you were a pedestrian, cyclist, motorist or bus passenger, you have legal rights following a bus crash. You may be eligible for Statutory Accident Benefits Schedule compensation and/or damages if you were not at fault. Compensation and damages can include:

• Pain and suffering;
  
• Loss of income (past and future);
  
• Housekeeping needs;
  
• Your family or partner’s care and nursing and the impact on your relationship;
  
• Rehabilitation and medical needs; and
  
• Any assistive devices you may need to hasten your recovery.

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