Question: My husband was hurt in a car accident in Ottawa, and he cannot work now. A friend told us we can get his lost wages from our auto insurance company. How do we do that and would we need a lawyer? How much would he recover? I also want to explore all of our lega loptions. Can we also sue the at-fault driver to get his lost wages?
Answer: The lives of car accident victims in Kingston, Ottawa and Whitby are often seriously impacted. Like your husband, many victims may not be able to work. Some cannot work for aperiod of time. Some may be able to return to work, but their job duties may need to be modified depending on the nature of their work. Others may be unable to return to work altogether.
Income Replacement Benefits
Your friend is correct in that your husband may recover lost wages from his auto insurance company. Insured injured drivers are entitled to receive Statutory Accident Benefits, also called Accident Benefits from their auto insurance companies. One of these benefits is the incomereplacement benefit. Your husband would have to file a claim with his insurance company,which requires completing a lot of paperwork.
Amount of Income Replacement Benefits After an Ottawa Car Accident
Income replacement benefits only partially compensate an injured insured. If your husband has a standard auto policy, he may receive 70% of his weekly gross income, with a maximum of $400/week. If he purchased additional coverage, the maximum may be higher.
Duration of Income Replacement Benefits After an Ottawa Car Accident
I don't know what injuries your husband sustained. However, the period of time he may receive lost income benefits depends on the severity of his injuries. If the injuries prevent your husband from substantially performing essential duties of his job, he may receive income replacement benefits for up to 2 years. If he sustained catastrophic injuries which completely prevent him from returning to any type of work, such as a traumatic brain injury or a spinal cord injury, he may receive income replacement beyond 2 years.
Wage Loss Claim in a Tort Claim
Because income replacement benefits only cover a portion of lost wages, your husband may recover the difference from the at-fault driver in a tort claim, i.e., filing a lawsuit against the at fault driver. In addition to lost wages, your husband may also recover pain and suffering damages. You may also have a claim as his wife.
Should You Talk to an Ontario Car Accident Lawyer?
It is probably a good idea to talk to a lawyer about your husband's case. Though some people may want to handle accident benefit claims themselves, having an experienced catastrophic injury lawyer on your side ensures that your husband receives the maximum amount of benefits he is entitled to. In addition, the forms your husband will need to fill out can be frustrating and confusing. Hiring a car accident lawyer who has extensive experience handling Statutory Accident Benefits claims ensures that the forms are completed properly.
In terms of a tort claim, it is important to have an experienced catastrophic injury lawyer represent your husband in the lawsuit. An experienced lawyer knows what type of evidence and information are necessary to prove a lost income claim, as well as the other claims he may have.
Call us to schedule a FREE consultation. Our car accident injury lawyers will answer all of your questions and concerns. Our personal injury lawyers have offices in Ottawa, Kingston, Whitby and other parts of Ontario. 866-384-5886