At Ottawa Personal Injury Lawyers, we understand motor vehicle law.
Motor-vehicle accident law is a very technical and complicated area of the law. It is subject to extensive regulations, rules and legal pitfalls. It involves one of the most complex set of regulations in the law and as such should only be handled by lawyers experienced in this specific field of practice.
People are injured in motor-vehicle accidents every day. Even fender benders may cause serious injuries. Few people involved in these accidents know what they are entitled to as a result of being injured. Only some people read their policies of insurance or review the provisions of the Insurance Act of Ontario. Even then, most discover that the technical language of the policies, statutes, regulations and accident benefits schedules are indecipherable. Insurance companies like it this way because they expect you to call them for help and advice. At PQT law we believe that you should learn about your rights, interests, and legal entitlements from our lawyers because we are 100% on your side.
If you are injured in a motor vehicle accident, there are two potential claims that may be advanced:
“No-Fault Benefits” or ‘Accident Benefits” is the first. These benefits are available even if you were at fault and caused the accident. You are entitled to specified benefits from your own vehicle insurance company or the other driver’s insurance company regardless of who is at fault for the accident. The process to claim benefits can be complex and involves very specific time-lines which must be met, otherwise you could lose entitlement to benefits. The types of benefits available include income replacement, non earner benefits, medical and rehabilitation benefits, care giver benefits, attendant care benefits, housekeeping benefits, home maintenance benefits, visitor benefits, damaged personal property replacement benefits and death benefits.
“Tort” or “Negligence” claim is the second. In this claim, fault is relevant and you would advance a claim against the person responsible for the accident, seeking damages for your injuries. The process to claim damages in a tort action or claim is also very complex and involves specific time-lines which must be met, otherwise you could lose entitlement to claim damages against the person responsible for the accident and your injuries. There are conditions to meet before you are entitled to receive compensation. Lawyers often refer to these conditions as “threshold” conditions.
To succeed, you must be able to demonstrate, through medical and other evidence, that your injuries constitute a serious, permanent impairment of an important physical, mental or psychological function, or a serious permanent disfigurement. In a tort action, the types of damages available include general pain and suffering damages, loss of income damages, out of pocket expenses, medical expenses, rehabilitation costs and expenses, damages for your family members for loss of care, guidance and companionship as well as care damages and more.
Whether a single or multi vehicle accident, hit and run or pedestrian vehicle accident, or any other type or motor vehicle accident such as boating, motorcycle or ATV accident, the usual cause of the accident is driver inattention or dangerous conditions. No matter the cause of the accident, a person injured as a result of a motor vehicle accident is entitled to compensation. The type and amount of compensation depends entirely on the circumstances. Because of the complexity of these types of claims and limitation periods applicable, we highly recommended that you retain the services of a PQT lawyer as soon as possible after the date of the accident.
If you have delayed in getting legal advice and are wondering if it is too late to pursue compensation you should contact PQT Law for a free initial consultation. There may be circumstances that extend deadlines or other legal reasons that allow you to pursue your claim.
At PQT Law, we handle all types of motor vehicle accident claims, including:
- Automobile Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- ATV Accidents
- Snowmobile Accidents
- Boating Accidents
- Aircraft Accidents
- Train Accidents
- Bus Accidents
- Emergency Vehicle Accidents
- Stolen Vehicle Accidents
- Pedestrian Accidents
- Hit and Run Accidents
- Passengers Injured in Road Accidents
- Accident Benefits Claims
- Bad Faith Claims
- Uninsured Motorist Claims
- Fatal Accidents
- Insurance Claims
- Road Accident Compensation