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Truck Accident Lawyers
Commercial motor vehicles such as trucks are the giants of the road in Ontario. These large trucks can weigh more than 60,000 kilograms and still travel at great speeds (over 100 kilometres per hour). These massive vehicles travel with such momentum and force that the risk of serious injury or fatality is high when they are involved in any accidents.
Although trucks make up about four per cent of all registered vehicles in Canada, they travel twice the distance of the average passenger vehicle each year. More time spent on the road unfortunately means that trucks account for a disproportionate number of motor vehicle collisions on Ontario roads - especially highways.
Although some research suggests commercial drivers tend to be safer than the average driver, the consequences can still be severe even when truck drivers are not at fault or are not completely at fault for collisions. Recent statistics have shown that truck-related fatalities have increased. It is little wonder that studies on driver attitudes find that the mere presence of a commercial truck on the road prompts other drivers to think they are more likely to be in danger while driving.
If you or a loved one has been seriously injured in a truck accident, you may be eligible to receive accident benefits and/or other compensation you deserve. Truck accident cases can be very challenging and complex. Consulting a knowledgeable and skilled commercial truck accident lawyer with extensive experience in handling these claims can be in your best interest as you seek the funds you deserve for your injuries and other losses.
Our truck accident attorneys have a track record for getting our clients results and a reputation for skillful case management. Trust us to advocate for you and your loved ones when you need it the most.
Common truck accidents
Types of truck accidents
From big rigs to smaller commercial trucks, accidents involving these commercial vehicles can occur in a variety of ways. Among the more common types of accident are:
- Head-on collisions - often occur if a vehicle drifts across the median. Fatalities are high in these accidents, particularly for drivers and passengers of smaller vehicles.
- Rear-end collisions and under-rides - if a large vehicle does not have adequate time and space to slow down, especially at high speeds, rear-ending accidents can occur. Similarly, if vehicles behind these trucks are unable to stop in time, they may become lodged underneath the commercial trucks.
- Blown tires - a tire blowout can not only cause the driver of a vehicle to lose control and possibly collide with other vehicles or stationary objects, but other vehicles may swerve to avoid tire shreds or break suddenly and cause rear-ending or pile ups.
- Jackknifing - often occurring when a driver must brake suddenly or breaks too hard, a big rig’s trailer may continue momentum against the traction of the cab and force it to fold into a 90-degree angle.
- Rollovers - when a driver has lost control of the truck at higher speeds, the vehicle can slide and roll on the road.
- Wide turns and blind spots - if a truck driver fails to check blind spots when changing lanes or while swinging wide to turn, other motorists or pedestrians may be struck, crushed or forced off the road.
- Lost loads - trucks carrying freight must have their cargo properly secured and balanced to avoid losing items. Cargo that falls onto the road can be a serious hazard.
- T-Bone accidents - if any motorist runs a red light or fails to stop at a marked crossing, vehicles can hit each other at a perpendicular angle. This can be especially dangerous if a smaller vehicle collides into or under a long transport truck.
Why and how do truck accidents happen?
Many factors can contribute to the risk of commercial truck accidents:
- Driver distraction - texting, fiddling with the radio or dashboard controls, listening to music or otherwise not paying attention to the road can all cause accidents or limit a driver’s ability to react quickly to a situation.
- Driver fatigue - although there are rules for professional truck drivers that limit driving time and mandate rest, other drivers on the road may be fatigued. Some truck drivers may not follow the rules if they have a delivery schedule to follow.
- Speeding - excessive speed contributes to driver error and can dramatically increase the severity of injuries when there are accidents.
- Following too closely - large vehicles need more room to maneuver and adequate space to slow down or come to a stop.
- Poor road conditions - hazards on the road, including pot holes and debris, and inclement weather causing slick, slippery or snow-covered roads can contribute to vehicles losing control, veering out of their lane or across the median.
- Intoxication - despite years of public health campaigns against drinking and driving or driving while under the influence of marijuana or other drugs, impaired drivers continue to cause a significant proportion of accidents on the roads.
Injuries from truck accidents
In addition to fatal injuries, truck accidents often result in serious injury and severe disability. High-speed collisions and truck crashes involving these heavy vehicles and other cars, buses, motorcycles, bicycles, e-scooters, e-bikes and pedestrians, can result in:
- Traumatic brain injuries - severely disabling brain damage can be caused from either blunt force trauma or unexpected acceleration or deceleration.
- Neck injuries - whiplash and neck pain.
- Back and spinal injuries - dislocated discs, nerve damage or paralysis.
- Broken bones and fractures.
- Burns.
- Lacerations - both superficial and deep cuts that damage nerves or arteries.
- Internal Injuries and organ damage.
While Ontario’s public health care system will cover some expenses related to these injuries, accessing accident benefits, other health insurance, and making a tort claim for damages can be significant factors in your recovery.
Truck accident claims
Anyone who is injured in a motor vehicle accident in Ontario - even if they were at fault - is eligible to apply for benefits under the Statutory Accident Benefits Schedule, also known as ("SABS"). These benefits include funding to cover medical and rehabilitation expenses, attendant care, income replacement, non-earner benefits, caregiver expenses, housekeeping expenses, and death and funeral benefits.
You must notify your motor vehicle insurer, or the insurer of another vehicle if you do not have automobile insurance, within seven days of the accident that you plan to make a claim. Complete paperwork must be filed within 30 days. Additional benefits may be available through private insurance or an employer-paid policy.
If you were not at fault for the accident or only partially at fault, you may also be able to file a tort claim for damages against a negligent person who caused or contributed to the accident that caused your injuries.
Tort claims are not only made to recoup calculable losses, such as loss of income, health care expenses, and housekeeping and home maintenance expenses; they are also designed to provide monetary compensation for things you can’t put a price on, such as your pain, suffering, loss of enjoyment of life.
Tort claims, which must be launched within two years of the accident, require that your injuries result in impairments or disfigurement that meet a certain threshold of severity and permanence.
How an experienced truck accident lawyer can help
You may think accident benefits and tort claims for legitimate injuries are relatively straight forward. However, there are several reasons why truck accident cases can often be more complex and challenging.
First, many trucks are registered and insured in other Canadian provinces or American states. Jurisdictional issues can sometimes complicate an otherwise routine case.
Second, the seriousness of many injuries from truck accidents means that insurance companies may be obligated to pay significant sums for long-term disability benefits, lost income, and medical expenses. They may be more likely to challenge medical reports and provide lowball offers to settle.
The truck accident lawyers at Gluckstein have the knowledge, skill and track record for results to help you seek the benefits and compensation you rightfully deserve. As one of the country’s top personal injury law firms, we know how to handle even the most challenging cases. Insurance companies know we have a strong reputation for getting results for our clients. As skillful negotiators and fierce advocates at court, you can trust that you are in good hands with legal representation by Gluckstein’s truck accident lawyers.
Our truck accident lawyers for compassionate legal help
In the aftermath of a serious injury-causing truck accident, your life might feel turned upside down. As you contemplate all the changes and challenges, remember that you are not alone. While you may first contact us for legal advice, Gluckstein Lawyers’ commitment to full-circle care means we are here to assist and support you at every stage of your journey.
When you contact us for a no cost, no obligation consultation, we will listen with empathy, explain your rights and options in clear and understandable language, and outline how we may be able to help. If you choose us to represent you, our client liaisons will be there to support you throughout the case and as you move toward a recovery that helps you live your best possible life.
If you or a loved one has been injured in a truck accident, tell us about it. Our truck accident lawyers in Toronto, Ottawa, Niagara, and Barrie are here to help.
Have you been in a trucking accident? Please call us today or fill out the form below for a free consultation
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Truck Accidents FAQs
- What is Surveillance in Long-Term Disability Insurance?
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Surveillance in the context of Long-Term Disability (LTD) insurance refers to the practice where insurance companies may conduct covert monitoring and observation of claimants to investigate the validity of their disability claims. This surveillance is typically carried out by professional investigators who gather visual evidence, such as photographs or videos, to assess the claimant's activities and functional limitations. Here are key points to understand about surveillance in LTD insurance:
- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- Activities Monitored: Surveillance may involve monitoring various aspects of a claimant's daily life, including physical movements, interactions with others, engagement in recreational activities, and participation in events that could indicate the level of disability.
- Covert Nature: Surveillance is typically conducted covertly, meaning that the claimant is not aware that they are being monitored. This approach aims to capture the claimant's behavior and activities in their natural state without influencing their actions.
- Legal Compliance: Surveillance activities must comply with legal regulations and privacy laws to ensure that the rights of the claimant are respected. Investigators must adhere to ethical standards and obtain evidence lawfully.
- Impact on Claims: The results of surveillance can influence the outcome of an LTD claim. If the surveillance footage contradicts the claimant's reported limitations or suggests misrepresentation of disability, the insurance company may use this information to deny or terminate benefits.
- Frequency: Surveillance is not conducted continuously for all claimants but is often employed selectively based on specific factors, red flags, or suspicions raised during the claims process.
- Balancing Privacy and Investigation: While surveillance is a legitimate tool for insurance companies to verify claims, it raises concerns about privacy invasion and the potential misinterpretation of normal activities as evidence of fraud. Claimants have the right to challenge surveillance findings if they believe their disability status has been misrepresented.
Understanding the role of surveillance in LTD insurance can help claimants navigate the claims process effectively, ensure transparency in their interactions with the insurance company, and seek legal advice if they have concerns about the handling of surveillance activities in relation to their disability claim.
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- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- How Much Money Can I Get From My Long-Term Disability Benefits?
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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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- 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.
- Why Do Insurance Companies Deny LTD Claims?
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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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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- 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.
- What Medical Conditions Qualify for Long-Term Disability?
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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:
- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
- Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
- Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
- Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
- Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
- Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
- Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
- Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
- 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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- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Can You Dispute Your Denied Disability Claim?
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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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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- 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.
- How Do I Appeal Long-Term Disability Denial?
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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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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- 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.
- What is Disability?
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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?
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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?
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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?
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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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- Headaches;
- What is the second thing I do if I sustained a traumatic brain injury?
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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?
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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?
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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?
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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?
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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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- Who typically pays the bills following a truck accident?
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Ontario law requires all licensed drivers to carry no-fault auto insurance coverage known as Statutory Accident Benefits Schedule (SABS). A motorist who survives a truck crash may pursue compensation for their medical bills and lost wages through an auto insurance claim. If another driver is at fault, a truck accident lawyer can help to pursue a civil claim against driver and/or their employer if applicable. For example, if a truck driver’s intoxication or their employer’s unlawful pressure to meet deadlines cause a trucking accident, an injured motorist may have the option to file a tort claim for damages if their injuries meet Ontario’s severity threshold.
A civil lawsuit can provide monetary compensation for damages that are not covered through SABS, such as pain and suffering and loss of enjoyment of life. One of our lawyers can help ensure that you make the most of either legal option and maximize your chances of success.
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- What are some common commercial truck accident injuries?
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Some of the severe injuries that are common with trucking accidents include:
- Broken bones;
- Internal bleeding;
- Severe burns;
- Amputation;
- Traumatic brain injuries;
- Paralysis;
- Spinal damage;
- Lacerations;
- Whiplash;
- Wrongful death.
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- Broken bones;
- What are some accidents that commonly lead to unexpected deaths?
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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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- Car accidents;
Truck Accidents Legal Team.
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