In the event of an accident, you may have to deal with unpleasant situations. The accident may have caused damage to property or injuries to person. There could also be a chance for a fatality. It is very important to check your car insurance policy coverage when you get your copy. You may check for coverage under personal injury protection.
You may be injured in an accident and did not have your own insurance coverage, through your company or other vehicle involved in the accident. In such a case you may still get accidental benefits from Ontario’s Motor Vehicle Accident Claims Fund.
What To Do When Injured In An Accident
Personal injury protection is used when you suffer a personal injury due to an accident and comes under the mandatory Accidental Benefits. You may allege that the accident was caused by the other party’s negligence. If you were at fault for the accident, the other injured party could claim against you. In the event of a personal injury protection claim, it is very important to understand your rights and entitlements.
When there is personal injury due to an accident, it may take quite some time to recover as per your health condition. While you recuperate in the hospital or at home, it is important that you may seek legal advice. You may get support from a social worker or personal injury law specialist. This is vital to get the financial compensation as per your rights for yourself and your family.
Benefits Under Personal Injury Protection
When filing a claim, it is wise to check the different criteria under which you could claim. This will help you get your rightful settlement. When calculating your settlement, the amount you receive from other benefits may be deducted. The other benefits may include accident benefits, disability plans etc. through the government or your workplace.
You may claim for treatment expenses for injury. Some victims may have life-long health issues. Some may have suffered serious disfigurement due to the accident. You may claim for any permanent impairment to mental, psychological or physical functioning.
While recovering from an injury due to an accident, you may lose financially. You may claim for loss of earning ability and for the income lost due to the accident. Usually, the settlement amount is around 80% of your income before the trial date. It is also 100% of your estimated gross amount of income loss after the trial.
Suffering and Pain
You may be able to claim for this grievance under the personal injury protection if it caused a fatality or permanent deformity. You may also claim for permanent damage to psychological, mental or physical motor functions. This is also known as ‘Verbal Threshold’ and could be tested on a legislated scale for non-economic loss.
Loss Of Companionship, Care And Support
The Family Law Act lets families of personal injury victims of accidents claim for loss of guidance and care from the victims. To claim under this grievance the victim must meet the ‘Verbal Threshold’ as mentioned above. In Ontario, an accident causing loss of use of hands, legs or total eyesight and other injuries may be considered as a ‘Catastrophic Injury’. Victims of this kind of personal injury could claim for a higher level of compensation.