Do I Have a Motor Vehicle Accident Case?


Whether you have an auto accident case can depend on the circumstances of the accident, the severity of your injuries, and other factors. When you face rehabilitation, lost wages, and debilitating injuries, you don’t have the time or energy to fight for the accident benefits you deserve.

Findlay Personal Injury Lawyers can help you determine the best route for getting back on your feet. Whether your insurance company is limiting your benefits or if you max out your benefits and still have expenses, an auto accident lawyer’s experience and knowledge can be invaluable to getting the compensation you need.

Understanding No-Fault and Tort-Based Accident Benefits

In Ontario, car accident victims can have two cases. Accident benefits are awarded based on a no-fault model and a tort-based system.

A no-fault insurance model means that no matter who is at fault in an accident, each party’s respective insurance company will cover some or all of each party’s respective losses. In other words, even if another driver is completely at fault for an accident, you will still make a claim with your insurance company to cover your damages.

Your insurance company is responsible for paying your lost wages, medical expenses, and some other costs. If you suspect your insurance company is unfairly limiting your benefits, an experienced accident benefits lawyer can help you push for fair benefits.

Tort-Based Case

If another driver was at fault for the accident, you may be able to sue for damages beyond what is covered by your insurance. For instance, if your medical expenses exceed the coverage you have with your insurance, you may be able to sue the responsible party for additional compensation to cover your medical care. Pursuing this type of suit is complicated, but our team can help you through each step of the process.

How Severe are your Injuries?

Physical Therapist With Doctor Assisting Female Patient relearning to walkBefore pursuing a lawsuit, evaluate the severity of your injuries. Minor bumps, bruises, scrapes, and sprains may be inconvenient, but they will resolve fairly quickly and not cost large amounts of money.

In contrast, catastrophic injuries, such as brain or spinal cord injury, paralysis, or amputation can be life-altering. For instance, you may never be able to return to work; you may need to remodel your home to be accessible for your new lifestyle; you may need in-home assistance. A serious injury dramatically affects your life in many ways that are difficult to translate into a monetary value.

This is where the team at Findlay Personal Injury Lawyers can help. With our experience in these cases and our network of professionals, we can help you seek compensation that will allow you to focus on your recovery without worrying about how you’re going to survive financially.

Who is at Fault?

In addition to assessing the nature of your injuries, it is important to consider who was at fault for the accident. Fault in Ontario auto accidents is assigned via the Fault Determination Rules set in the Insurance Act. When one driver is clearly at fault, you may be more likely to have a case. The following circumstances may indicate that you have a strong case for a lawsuit against the offending driver:

  • Driver was under the influence of drugs or alcohol
  • Driver was distracted, such as texting while driving
  • Driver was acting carelessly

Contact Us for a Free Car Accident Consultation

Car accident cases can be complicated when it comes to the combination no-fault and tort-based model. When you add a serious injury to that mix, it’s easy to see why you want the knowledgeable and caring auto accident lawyers at Findlay Personal Injury Lawyers on your side.

You don’t have to face this fight alone. Call us today at 905-522-9799 to schedule a free case review and let us put our experience and resources into getting you accident benefits you deserve.

Head Office
20 Hughson Street South, # 510
Hamilton, Ontario L8N 2A1

Phone: 905-522-9799

Fax: 905-522-3098

We offer free consultations
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Disclaimer: The information throughout this website is not intended to be taken as legal advice. The information provided by Findlay Personal Injury Lawyers is intended to provide general information regarding personal injury law, catastrophic injury cases, wrongful death claims, medical malpractice lawsuits, car accidents, truck accidents, motorcycle accidents, and more for residents of Hamilton, Burlington, Stoney Creek, Brantford, Niagara Falls, and nearby areas in Ontario. This website is not intended for viewing or usage by European Union citizens. If you are interested in learning more about our law firm, please contact us for a personal consultation.

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