FAQ: My daughter was in a car accident in Kingston last week. At the time, she didn’t think she was seriously injured. She had neck pain immediately after the accident, but thought it would go away with rest. However, after a few days, she started to feel pain radiating down her right arm. She is also complaining of headaches and I noticed that her memory seems to be affected. She thinks she can handle her own accident benefits claim, and I am not so sure if she should. What should she do?
Answer: Though drivers may want to handle their own accident benefits claims, it is best to consult with a lawyer to help them decide whether they need a car accident lawyer to help with the accident benefits claim, especially if the injuries are getting worse. In your daughter’s case, it doesn’t hurt to consult with a lawyer first before deciding if she wants to hire a lawyer. At Bergeron and Clifford, we offer free consultations, so your daughter would have nothing to lose by talking to a lawyer first. After your daughter talks to one of our experienced car accident lawyers, she can decide whether she wants to handle her own claim.
The accident claims benefits process can be overwhelming. Unfortunately, the goal of many insurance companies is to pay the least amount possible, and many injured motorists in Ontario often settle for less than what they should receive.
There are different accident benefits your daughter may receive, and one of these benefits is medical and rehabilitation care benefits. This is one of the most important benefits because it covers medical expenses your daughter would incur as a result of her injuries. The amount she may receive depends on the severity of her injuries, as defined by Ontario law. There are 3 categories of injuries:
- minor injury
- non-minor injury, and
- catastrophic injury.
The auto insurance company may try to say that your daughter’s injury is a minor injury when in fact she has a non-minor injury, which increases the amount of medical and rehabilitation benefits she is entitled to. In addition, if after 2 years, your daughter’s injuries do not improve and get significantly worse, she may be able to apply for catastrophic accident benefits.
On top of the accident benefits claim, a car accident lawyer may also help your daughter file a tort claim against the at-fault driver. She may be financially compensated for damages not covered by accident benefits, such as non-pecuniary damages, also known as pain and suffering. She may also recover lost wages not covered by accident benefits.
It is best that your daughter speaks to someone about her accident. Feel free to call our office and schedule a FREE consultation. 1-866-384-5886