Personal Injury Information Kit - What You Need to Know About Your Legal Rights

 

WHAT YOU NEED TO KNOW ABOUT YOUR RIGHTS, REMEDIES, AND THE LEGAL PROCESS

IF YOU OR SOMEONE YOU KNOW HAS BEEN INJURED IN AN ACCIDENT, THIS IS A BASIC GUIDE TO HELP YOU AND YOUR FAMILY:

* Be aware of your rights.

* Get help when it is readily available.

* Select the most suitable lawyer for your needs.

TEN IMPORTANT STEPS TO TAKE WHEN INJURED IF YOU OR SOMEONE YOU KNOW HAS SUFFERED A SERIOUS PERSONAL INJURY, SOME VERY IMPORTANT STEPS NEED TO BE TAKEN WITHIN THE FIRST FEW DAYS:

1. Check that the police have all the information they require about the incident.

2. Note down the addresses and names of the parties involved and any witnesses to the accident.

3. Make sure your family doctor is aware of the injury.

4. Inform the insurance provider as fast as possible of the accident.

5. Inform your employer or school.

6. Keep track of your names as well as contact numbers of your health care providers.

7. Keep track of insurance details.

8. Keep receipts of all costs. Family members must also document the dates and hours they spend caring for the person injured.

9. Make sure you are covered by other insurance plans (i.e. through your school, work or private insurance plans).

10. Consult a personal injury solicitor dublin lawyer to learn about your rights.

OBTAINING COMPENSATION FOR INJURIES ABOUT YOUR RIGHTS, REMEDIES, AND THE LEGAL PROCESS

1. What do I need to know whether I have any claim?

If you're hurt during an accident, you might be able to pursue an claim against the party who contributed to or caused your injuries. Compensation claims may be filed for injuries sustained in a variety of circumstances and are usually insured.

2. What happens if the accident was my blame?

If you suffer injuries during an accident involving a vehicle, snowmobile ATV, motorcycle, or dirt bike crash you may be eligible for certain accident benefits (usually covered by your insurance company) regardless of whether you were responsible for the incident.

In addition dependent on the circumstances surrounding the incident, you could be eligible to receive additional benefits through other avenues. We can assist you to identify the potential sources and help you obtain the benefits you are entitled.

3. How do I start?

First, you must determine whether you have a legal claim. The most effective and efficient method of doing this is to speak with an attorney as quickly as you can after suffering a severe personal injury. This is because there are time limitations and deadlines to be observed not to delay or being disqualified of claiming compensation.

4. What happens if I'm hurt by a car accident?

There is a particular procedure for getting compensation related to motor vehicle accident. Unfortunately, it's a difficult. Our expert professionals can help you receive full and fair payment.

There are two types of compensation, which are described in the following paragraphs:

A claim against your car insurance company or the insurance company of another car involved in

The incident is known as"An Accident Benefits Claim" Accident Benefits Claim; and

The claim made against the driver at fault is known as"the Tort Claim.

5. Can I make claims for different types of accident?

Yes. If the cause of your injuries was due to the negligence of somebody or someone else, you may be eligible for compensation.

For accidents that don't involve motorized vehicles, benefits aren't available. In general, the compensation you receive for your losses won't be provided from the company that insures you until conclusion of the instance. However, in some circumstances it is possible to convince the insurance company of the party responsible to advance the payment.

TYPES OF CLAIMS:

Accidents involving vehicles and motorcycles, planes, trains, snowmobiles, boats ATVs, and other motorized vehicles.

Slips and falls can occur on private or public property.

* Injuries due to defective products.

* Medical negligence.

* Assaults.

We are aware that you may feel uncomfortable speaking with lawyers. The majority of people we represent have never spoken with a lawyer before. However, you'll discover that the guidance of a seasoned personal injury lawyer can be informative and useful.

There are also concerns about the expense of speaking to an attorney. Find a lawyer who can offer free consultations and generally don't require payment until you are compensated. If you visit the lawyer, make sure you are aware of costs and legal fees.

ACCIDENT BENEFITS

WHO IS MY ACCIDENT BENEFITS INSURER?

If you suffer injuries in a car accident regardless of who is the cause you're entitled to benefits from accidents. The benefits are available through either of the following:

* Your insurance company for your car;

* The insurance company of the car of any other vehicle that was involved in the collision; or

* The Motor Vehicle Accident Claims Fund (1-800-268-7188).

You could be eligible for the following benefits in an accident:

* Weekly benefits

A compensation for loss of earnings from work, equivalent 70 percent of your earnings, with 400 dollars per week. *

If you weren't working at the time of your accident, you will be entitled to a non-earner's benefit that is equal to $185 per workweek (and in certain circumstances, the amount is $320 each week). The benefit will not become offered until the period of 6 months has expired since the date of the accident.

In certain circumstances where your primary caretaker was of the person who requires medical attention, a caregiver's allowance that could be up to $250 per week with $50 for every additional person who requires care, might be offered in accordance with "incurred"** expenses.

* Refer to glossary of terms "Optional Benefits" ** Refer to glossary of the terminology "Incurred" Expense

Medical and Rehabilitation Benefits

* The insurance company that covers accident benefits must pay for various "incurred"** medical and rehabilitation costs over and beyond what is covered by O.H.I.P. :

If you are the victim of an accident that isn't catastrophic, up to $50,000 can be accessed for a 10-year period; or

If you are the victim of an Catastrophic accident, up to $1,000,000 is available for your entire life. *

The total cost of all fees and expenses to conduct assessments, exams and the preparation of reports are covered from your limits for rehabilitation and medical.

If you sustain an injury that is minor, $3,500 is the limit, with exceptions under certain conditions.

Attendant Care Benefits

* The insurance company that covers accident benefits will also be required to provide the various personal services, as determined by an occupational Therapy or Registered Nurse you need and "incurred"** following the accident. This is up to an amount not exceeding:

If you suffer catastrophic injury - $1,000,000 ($6,000/month) in your entire life;

If you sustain an injury that is not catastrophic, you can claim $36,000 ($3,000/month) during up to two years or more;

If you suffer an injury of a minor nature the Attendant Care Benefits are not accessible.

Death and Funeral Benefits

* $25,000 for the spouse of the victim.

* $10,000 for each ex- spouse who was supported.

* $10,000 for each victim's dependents plus more, if there was no spouse.

* $10,000 for the person on the victim's dependent..

The maximum amount is $6,000 in funeral costs.

The Accident Benefits Claim - Time Limits and Forms

The insurance process is complex and has very precise time limitations which must be adhered to in order in order to avoid denial or delay of benefits.

In your first meeting during your initial consultation with Thomson, Rogers we will assist you in filling out the application for accident benefits free of charge.

The following is a brief summary of some actions to take in order to claim the Accident Benefits:

* Decide which insurance company should be paying the benefits.

* You must send a "written notice" to the insurance company that covers accident benefits within 7 days after the date of the accident.

Make sure you fill out the application for accident benefit within 30 days after getting the form from your insurer.

* Your health care professional and employer must complete specific forms.

If you are asked by your insurance company, you must within 10 days from the date of request, provide the insurance company with any information they require in order to determine your eligibility for insurance benefits for accidents, like medical records from the hospital and the records of your family doctor.

If requested you are required to within 15 days, submit a medical doctor's disability certificate.

If asked by the court, you must submit an official declaration, sworn in writing, detailing the circumstances that caused your claim.

If you are asked to do so, you could be required to take the examination on oath in which you'll be asked questions from the insurer. If you are required to attend We recommend that you be represented by a lawyer. represent you.

OTHER AVAILABLE BENEFITS INCLUDE REIMBURSEMENT FOR:

* The costs of immediate family members as well as those who live with the injured individual who are able to visit during the recovery process or during treatment. These costs could include meals or travel expenses, as well as mileage and lodging. Be sure to save your receipts.

* In the event of catastrophic impairmentor when additional benefits are purchased, Homekeeping and House Maintenance expenses, up to $100 per week, could be available, based upon "incurred" expenses.

* Clothing damaged.

* Educational expenses that are not incurred by students, up to the maximal of $15,000.

*Please note that certain of these benefits could be enhanced if your insurance policy offers additional coverage.

MAKING A CLAIM AGAINST THE AT-FAULT DRIVER

What do I do if I have an injury claim?

* Get an attorney who specializes in personal injury.

* They must give the court a written notice of your intentions to bring a lawsuit.

* They'll ensure that claims for accident benefits are correctly submitted to the insurance company.

* They must commence a lawsuit within the stipulated deadline.

What are my rights?

Pain and Suffering

* In a motor car accident case, in order to pursue compensation for suffering and pain you must experience an irreparable impairment to the essential physical, mental or emotional function, or a permanent severe injury, such as scarring. It is often known as "the threshold test".

* The law stipulates that any claim to recover pain and/or suffering could have to be subjected to a deduct. This means that a part of your claim will not be repaid.

Loss of Income and Inability to Earn Income

* Beginning the week following the accident to the point at which your case is settled or goes to trial, you may get 70% off your your gross income loss. If you remain disabled from work, the future income loss is able to be claimed on the basis of 100 percent of your income loss.

In the majority of cases you will need to begin by seeking compensation for your income loss from:

Any disability insurance and

Your accident will benefit the insurer.

* If the income sources you have for replacement aren't enough to cover the actual loss of income Then an additional amount is possible to claim.

* The loss in income is not to be paid during the first week after the incident.

Home maintenance and Housekeeping claims in tort actions

If you are not able to keep your home in the same condition as you were prior to incident, then you may get reimbursement for the expenses you pay for or be able to incur.

* First, you must get reimbursement for cleaning and home maintenance costs from your accident insurance provider If it is available.

Health Care expenses in tort

The past, present, and future health-related costs not insured by O.H.I.P. or by your accident benefit insurer are able to be claimed in the event that your injuries pass an examination called the "threshold test".

Claims by Family Members

Family claims relating in the absence of comfort, care and friendship in tort actions

Certain family members might be eligible to file claims if the injuries meet an examination called the "threshold test".

The law stipulates that the claims of relatives could have to be subjected to a deductible, however, there are no deductibles when there is a fatality.

FREQUENTLY ASKED QUESTIONS

1. When and how do I speak to an insurance provider?

If you're seeking insurance benefits due to an accident, you have notify the insurance company that pays for accident benefits and provide evidence in support the claim. In the majority of instances, your insurance provider will send an adjuster to visit you to discuss your injuries and the incident. Here are some key things to keep in mind:

Be aware that any information you tell the adjuster for insurance will be incorporated into your insurance file and could impact your future claim for accident benefits or tort-related claims.

Talk to the adjuster if you're medically fit.

Consult a lawyer and understand your rights before you meet with the adjuster. Why? Insurance companies handle similar cases to yours all every day. You may be the first experience dealing the adjuster. Maintain the level playing field by being aware of your rights.

There is no obligation to talk to one of the adjusters from the company that is at fault for the person. If you decide to do so, we suggest that you talk to an attorney first.

2. How do I fill out all the forms?

If you're claiming insurance benefits for accidents, there are a variety of forms to be filled out prior to receiving any benefits. A lawyer can assist to complete the forms in an initial appointment.

3. What happens if the person who is injured can't make decisions because of incapacitate?

If an injured person suffers serious injuries that hinder the individual from making own decisions or making decisions for themselves, the family has the right to make decisions concerning treatment when the patient is in the hospital. Afterward you can name someone to be an alternate decision-maker on behalf of the injured patient.

4. If I was at fault for the car crash - can I still file claim?

No matter what caused the accident or the cause your right to accidents benefits could be significant dependent on the extent of your injuries.

5. What should I do if have been injured in a vehicle accident and am unable to work, attend school, or care for my children?

There are benefits that can be accessed to help replace income lost and to pay for school expenses and, in certain situations it is possible to provide child care services.

6. What would I do if I drove my car without insurance and I was involved in an accident?

You are not able to file a claim against an at-fault driver when you were conscious of driving without insurance. You are nevertheless legally entitled to claim medical attendant care, rehabilitation benefits.

7. What impact will the accident have on my insurance premiums?

If the accident was the fault of you, your car insurance rates could rise. If the incident isn't your fault, your vehicle insurance rates will not rise even if you file a an application for benefits.

8. What if the incident occurred while I was at work?

We recommend that you speak with an attorney who specializes in personal injury to determine if your claim is best pursued through an insurance company or Workplace Safety Insurance Board (W.S.I.B. ).

9. Who decides on either the Case Manager or the treatment providers?

The person who has been injured is entitled to choose case managers and alternative treatment professionals. We recommend you talk to certified health professionals prior to you decide. Social workers, lawyers, and insurance companies are able to connect you with these experts.

THERE ARE TIME LIMITS TO ALL CLAIMS

HOW DO I KNOW HOW MUCH TIME THERE IS?

Laws in Ontario sets a variety of strict and unforgiving limitations on the time you have to bring a lawsuit. If you fail to initiate your lawsuit within the prescribed time frame, it's possible you'll lose the right to pursue claims.

The following time limitations are in effect:

* Motor vehicle accident:

Informing the insurer of accident benefits of the accident within 7 working days of the accident.

Complete application for accident benefits after 30 days from the the accident.

- Sue and Mediate or settle the dispute with the insurance company for accident benefits within 2 years after a denial of benefits.

Send a written note to the driver at fault in the first 120 days following the date of the accident.

-- Sue the driver at fault within 2 years after the incident.

Damage or loss to the vehicle - if resolved, the plaintiff must file suit within one year of the incident.

* Motor vehicle accidents resulted from a slippery road or the non-repair of roads:

• Provincial Road - sue within 2 years after the incident.

-- Municipal Road - give written notice within 10 days of an accident and file a lawsuit within 2 years from the date of the accident.

* Falls on a municipal (city) walkway:

Write a notification within 10 days after the an accident when the cause is snow , ice or snow.

-- Sue within two years after the incident within 2 years of the.

* Accidents that involves provincial streetcars and trains (GO Transit, etc. ):

-- Sue within two years after the incident within 2 years of the.

* Fall on property of the province:

Send a written notice within 10 days of the event.

-- Sue within two years from the date of the incident within 2 years of the.

* Lawsuit filed against Provincial Government:

Give notice of 60 days before filing a lawsuit.

-- Sue within two years after the incident within 2 years of the.

• Accident insurance and illness coverage:

Check the insurance contract.

* Fatal accidents (death):

- Generallyspeaking, you have to be able to sue within two years of an incident (unless the shorter time limit is in place).

The victims of assault

-- Sue within two years of the assault.

* Public authorities (OPP, municipal police, etc. ):

Write a an explanation within 10 calendar days following the the accident.

Give notice of 60 days before filing a lawsuit.

-- Sue within 2 years after the accident.

* Medical Malpractice:

-- Sue within two years of the date you first learned or should have been aware of the facts that led to the malpractice.

1. Do I really require an attorney?

In seeking compensation for an injury, it is a complex procedure. Do not take any decision without being aware of your rights. We specialize in personal injury cases. We can assist you in understanding your rights and can assist you in these:

An early examination of the circumstances that led to the incident. This is crucial since witnesses' memories fade with time, and the records aren't always maintained.

The insurance company you have with may not be able to inform you about all benefits that you are entitled to. We will.

Your healthcare provider may recommend that you seek products or services that your insurance provider may not be willing to cover. We'll collaborate with you as well as your treatment team to ensure you have access to all the reasonable and needed rehabilitation and treatment services.

We'll assist you in getting a fair and comprehensive payment of all your rights.

- Claims against a person who is at fault to your injury are dealt with via the system of law. The procedure is complex and requires a lawyer in order to settle your case to your best interest. We have the experience as well as the expertise and determination to take your case to trial.

2. What can I be expecting from my attorney?

Lawyers should be ready to visit the hospital or your residence to meet with both you and the members of your household. There should not be any commitment or cost for the initial consultation. Your lawyer must be knowledgeable about personal injury law. We'll can clarify your rights in plain terms that are easy to be able to comprehend. We will be honest and honest about what we are able to accomplish for you and the amount we'll cost you. We will give you a thorough written explanation of legal costs.

3. What do I need to ask my lawyer?

Your lawyer should explain to you your rights and obligations you have as well as the legal claim you could pursue. We encourage you to inquire about our credentials and our years of experience dealing with cases similar to yours. You can be assured that an experienced attorney for personal injuries will be there to address all your concerns.

4. The website of a law firm.

The site should be up-to date with information about the firm as well as biographies of lawyers, community involvement, as well as an injury-related resource directory which will assist you in finding health-related and other important details.

OTHER ASSISTANCE

HOW DO I ACCESS MEDICAL, GOVERNMENT AND COMMUNITY RESOURCES?

Workplace Safety and Insurance Board (W.S.I.B.)

Canada: 1-800-387-5540

Ontario: 1-800-387-0750

Toronto: 416-203-4530

* If you suffered an injury on the job or in the course of your job.

All claims must be made within six months of the injury.

In the event of an accident at work that involves vehicles, you could choose to receive compensation for your accident and to pursue a tort lawsuit instead of accepting W.S.I.B. benefits.

Criminal Injuries Compensation Board

Toll-free: 1-800-372-7463

Toronto: 416-326-2900

* If you've been a victim.

* A claim must be submitted to the Board within two years of the date of the incident.

Ontario Human Rights Commission

Toll-free: 1-800-387-9080

Toronto: 416-326-9511

* If you've been discriminated against, or in a way removed from your position.

Canada Pension Plan (C.P.P.)

Toll-free: 1-800-277-9914

If you have any queries about retirement pension, disability benefits, death benefit children's benefits , and survivor's pension.

The Ontario Brain Injury Association (O.B.I.A.)

Toll-free: 1-800-263-5404

* O.B.I.A. will be able to connect you in contact with the appropriate local brain injury organizations throughout Canada and in the United States.

* These are not-for-profit organisations that can assist you and your family cope the consequences of brain injuries.

* They may be able to provide you with assistance for programs and services that are offered in your local area.

The Canadian Paraplegic Association of Ontario

Toll-free: 1-877-422-1112

Toronto: 416-422-5644

A non-profit organization created that assists people suffering from spinal cord injuries.

GLOSSARY OF TERMS

Accidental Benefits: Benefits that come in the form of cash or aid to those injured during a motor vehicle crash regardless of who is responsible. Accident benefits can be classified as income replacement, non-earners, caregivers, attendant care education, medical, rehabilitation and clothing damage visiting, housekeeping, funerals, home maintenance and funeral.

Adjuster - An individual who reviews and/or adjudicates claims for the insurance firm.

Attendant Care - A kind of accident-related benefit that an injured person gets to help pay for the care and assistance needed during the course of everyday life. Assistance could take the form of cooking cleaning, helping an injured person dress, or supervising the person who has been injured. The expense of providing attendant treatment could be borne through the insurer to the individual who is providing the service, regardless of whether that person is a medical professional or family member.

Case manager (Qualified) is a rehabilitation specialist who oversees the rehabilitation after an injury. Catastrophic impairment - The most serious personal injury. Examples include quadriplegia; paraplegia, amputation of the leg or arm or that causes permanent and total loss of the use of the leg or arm or total loss of vision of both eyes. Injuries that result in the impairment that is greater than 55% of the person in totality and brain impairment that is determined by scores of less than 9 in the Glasgow Coma Scale; marked or extreme mental or behavioral impairment; and severe impairment caused by brain injuries measured with the Glasgow Outcome Scale. A person having a catastrophic impairment becomes entitled to maximums of $1,000,000.00 for medical/rehabilitation needs, plus $1,000,000.00 for attendant care plus housekeeping expenses, payable over the lifetime of the injured person.

Damages - The loss the plaintiff suffered as a result of the conduct of defendant. The losses may take many types, such as the compensation for pain and suffering, loss of income from past, present and future income, healthcare costs and loss of familial or social relations; etc.

Deductible in lawsuits that result from an accident involving a motor vehicle following an award of the payment of pain and suffering is made in the courtroom or during settlement discussions, the award could in certain circumstances be reduced to a statutory amount.

Defendant is a person or corporate entity that is being accused of being sued by an Plaintiff. Some examples of defendant corporations are insurers, leasing business, municipal corporation and a tavern. They also include a proprietor of a property, hospital etc. The majority of defendants in personal injuries cases are covered. The insurer of a defendant will generally designate a lawyer as a representative for the victim.

Glasgow Coma Scale - A medical test to identify brain damage that results due to an injury. It's based upon the scale of 3 to 15 with a lower score typically indicates an injury that is more severe. A score of less than 9 typically results in the individual being judged to have sustained the most severe impairment.

Health Care Expenses : A type of tort entitlement which includes items and services to cover rehabilitation, medical expenses and attendant treatment.

"Incurred" Expense - New definition of "incurred" requires the claimant to make a promise or payment to pay the expense . It also demands that the service provider perform the service in the course of their work, occupation, or profession that they was likely to have been in the absence of the accident, or the individual has suffered a loss of income to be able to provide the service.

Insurer Examiner/Section 44 Assessment The insurer can choose health care experts of their choice, to conduct tests to determine if it is appropriate to provide an insurance benefit.

Limitation Period - If an individual is injured and is liable for damages, the law sets an amount of time within which to issue a statement of Claim. If the person fails to file an Claim within the specified time and all rights to compensation are forfeited.

Minor Injury - Any one or more of the following: sprain or strain, whiplash related disorder Abrasion, contusion, subluxation or laceration, and any sequelae that are clinically related.

Optional Benefits Additional Benefits bought by the insured or, in certain cases, an immediate family member of the insured. Personal Injury Law is the area of law that concerns people who are injured in an accident. The types of accidents include motor vehicle as well as slip and fall accidents boating, medical malpractice assault, etc.

Pre-Claim Exam - The insurance company that pays for accident benefits may require an evaluation by health experts of its choice before you apply for benefits. The person injured is entitled to refuse the assessment, and can make the decision without penalty.

Plaintiff - Someone who has filed a lawsuit against another entity, person, or company (the "defendant").

Statement of Claim: A document that initiates a lawsuit and asserts "damages" from one or more defendants, based on the defendant's actions or omissions that cause injury, loss or damage towards the Plaintiff. An statement of Claim is typically written by the attorney for the plaintiff.

Statement of Defence The defendant's reply on the Statement of Claim. It is typically created by the lawyer for the defendant. In most cases, it denies any claims that are included by the Statement of Claim.

Threshold - The degree that causes impairment, or disfigurement plaintiffs must demonstrate in order to obtain an amount of compensation under the case of a motor vehicle-related tort. The injury must be permanent, serious, and permanently disfigured (like scars) or an irreparable, severe impairment of a vital physical or mental function. There are a variety of court rulings that can help a lawyer who is specialized on personal injury laws determine if the injuries "meet the threshold".