What can I sue for if I’m injured in a Motor Vehicle Accident?

Under Ontario Provincial law, a person’s auto insurance company handles all compensation issues for accidents that do not involve any type of serious injury.  Furthermore, it does not allow for the injured person to file a lawsuit.  However, in some situations, the at-fault driver or person responsible for causing the accident can be sued for compensation by the injury victim.  So if you’ve recently been injured in a motor vehicle accident that was caused by someone else, you should consult with a personal injury lawyer in Sudbury regarding your case.

In Ontario Province, the Fault Determination Rules apply when trying to establish which driver is responsible for a motor vehicle accident.  These rules are governed by the Ontario Insurance Act and dictate 5 distinct circumstances wherein an individual can file a compensation claim that goes above and beyond your basic insurance coverage:

Family claims – whether you were permanently injured physically or psychologically (or both), or you died as a result of the accident, your family can sue for compensation based on the loss of care, companionship, or guidance.  Under these circumstances, you are required under Ontario Provincial law to give notice to the individual you are suing within 120 days from the date of the accident.  Furthermore, if you are going to sue the other party, you have 2 years from the accident date to do so.

Health and medical expenses – if you sustained catastrophic injuries (e.g. spinal cord or traumatic brain injuries), you can sue for compensation in order to recover all health and medical expenses associated with your accident.  For instance, if you lose your eyesight or have been rendered a paraplegic as a result of the accident, you could be entitled to compensation and recover those expenses.

Home maintenance and housekeeping – if, because of your injuries, you can no longer perform the tasks that are required to maintain your home, you can file a claim to recover what you paid someone for home maintenance and housekeeping work.  This claim is normally filed with your own insurance company.

Loss of earning ability and income – you can sue the at-fault driver to recover current and future losses of earning ability and income provided you and your lawyer can prove that your loss was caused by the other person’s carelessness or negligence.  Under these circumstances having being permanently or seriously injured is not a requirement.

Pain and suffering – you can sue for pain and suffering if your injuries are permanent as well as physical or psychological.  The judge decides the seriousness of your injuries and whether or not they are permanent based on medical evidence presented by your personal injury lawyer in Sudbury and his or her assistants.

Discuss the details with your personal injury lawyer and then move forward with the requisite claims. There is a time limit on the filing of the claim so don’t wait any longer.