Injured drivers, passengers and pedestrians are often anxious and stressed after motor vehicle accidents in Kingston, Ottawa or Whitby. They often do not know where to start and have many questions. Part 1 of the article discussed what injured drivers, passengers and pedestrians may financially recover after Ontario auto accidents via accident benefits claims and tort claims. Part 2 of this article will address 2 other common questions injured drivers, passengers and pedestrians often have.
Are there Time Limitations for Filing Ontario Car Accident Claims?
Accident Benefits Claims
In order to receive accident benefits in Ontario, insured injured drivers must contact their auto insurance companies within 7 days of their accidents. If drivers are unable to report the claims, they must report the accidents as soon as they can. This often happens if the injured driver is in a hospital for several days and cannot report the accident within 7 days.
In general, injured drivers have 2 years from the date of the accidents to file tort claims against at-fault drivers. There are limited exceptions to this rule, such as when the injured party is a minor. Minors may be entitled to an extension beyond the basic time limitation of 2 years for tort claims.
What is My Claim Worth?
It is difficult to know the value of damages relating to Ontario auto accidents without knowing the facts. There is no magic formula to assess damages. The value of the case is different for everyone and depends on various factors. Many times, injured drivers and their family members may want to know the value of their cases during the initial consultations, which typically take place soon after the accidents. However, it is often difficult to assess the value of damages right after the accidents because medical treatment and prognosis often change over time. For instance, an injured driver may need to have surgery, which may require a long-term rehabilitation or an extended amount of time to recover. During recovery, the driver may develop complications from the surgery and require a second surgery.
We would get a better picture of the case’s value after an injured driver has received proper medical treatment and had proper time to heal. Only then do we have a better picture of how much the auto accident tort claim may be worth. Factors we, as Ontario car accident lawyers, consider when assessing the value of an auto accident tort claim include:
- extent of injuries,
- length of medical treatment,
- short-term and long-term prognosis, and
- extent of injuries affecting the injured person’s life, i.e., work, family, etc.
Help After an Accident in Ontario
The personal injury lawyers at Bergeron Clifford have 40 years of experience handling car and truck accident cases in Kingston, Ottawa and Whitby. If you would like to discuss your accident and injury, please do not hesitate to call us at 1-866-384-5886 to schedule a FREE consultation.