Personal Injury Legal Q&A

Personal injury victims in the Greater Toronto Area get insights about how to handle their legal claims.

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If you’re dealing with a personal injury and you need help, you probably want a lawyer who’s been winning these types of personal injury legal battles for victims for over 20 years. That’s exactly what we’ve been doing. Before you call us, you can read through this page to get more legal insights about what you should and should not do in your situation to avoid missing out on the compensation you deserve.

The first section is the most useful because it shows you exactly what to do immediately after you’ve been in a car accident.

LEGAL ADVICE FROM AN EXPERIENCED PERSONAL INJURY LAWYER 

We also provide insight about other important situations, such as what to do after your insurance company gives you all the reports and information, or if your insurance company stops paying for your post accident rehabilitation treatments, or even if you want to pursue an additional lawsuit against the other driver.

We also look at the other side of the accident and talk about what to do if you feel you are at fault, if you’ve injured someone, or if you’re being sued. Lastly, we also shed light on situations where you may have been injured in a different way, not involving a car accident.  However slips, trips, falls and other non automotive injuries on public property can be quite tricky to deal with which is always why it’s best to call us.

EVERY PERSONAL INJURY CLAIM IS DIFFERENT, SO HIRE AN EXPERIENCED LAWYER WHO CARES ABOUT YOU

At Kevin Marshall Law Office, we really do care about personal injury victims, which is why we try to give as much free legal tips as we can on our website, without doing more harm than good. We say that because everybody’s case is different, and giving too much detailed information may result in a personal injury victim applying the wrong information that does not fit their particular case. This can cause serious problems, and even ruin their chances of a good settlement.

This is why after reading the information on our site, please call us so we can look at your unique case and give you the specific guidance you need to get the maximum compensation.

416-383-0550

We're here to help.

1. What to do immediately after you get in a car accident:

  1. Make sure to stay as safe and clean as possible.
  2. Call 911, especially if there are injuries.
  3. Take pictures of the cars from all angles and of the parties involved.  If your car is blocking traffic and it is driveable, move your vehicle to a safer spot and turn on your 4-way flashers (emergency lights).
  4. Exchange information such as licence plate numbers, driver's license, insurance card, ownership and contact information. Do not argue about who is to blame and do not apologize: stick to facts.
  5. Report the accident to the police and obtain a Motor Vehicle Accident Report.
  6. At the earliest opportunity, write down your notes of the accident. Include date, time, parties involved, weather conditions, direction of cars involved (draw a diagram of the intersection if...
  7. If possible, obtain witnesses' name, contact number, address and  email. Try to text on the spot to their number to ensure correctness and provide friendly reminder of who you are in that...
  8. Any damages exceeding $2,000 must be reported at the Collision Centre if no police attended at the accident. This report is useful to provide to your auto insurance company.
  9. If you need assistance, ask for help from family, friend or from anyone around you. Speak with your employer if you need to modify your duties until you recover from the accident.
  10. If you are unwell, go to the ER or see a doctor as soon as possible. Obtain and keep track of medical records. Start treatments and attend to your injuries right away.
  11. Notify your insurance company to open an accident benefits  claim. You may need insurance to approve treatment plans before proceeding.
  12. Call our offices at 416-383-0550. We'll book an appointment for you promptly to receive legal advice and assistance with your claims.

2. I was just involved in a car accident a short time ago. So far my insurance company has given me everything I have asked for. Is it really necessary to speak to a lawyer at this time?

Yes. Like a doomed marriage, the relationship between an insurance company and accident victim typically starts well but ends badly.

Insurance adjusters are trained to be polite and civil and are required to approve the first Treatment Plan you submit.  And they usually pay for your medications.  However, your claim is costing the insurance company money. Your insurer is in the business of keeping expenses down.  Therefore, it is the insurer's best interest to end the relationship and terminate your claim sooner rather than later.

A lawyer specializing in car accidents is like a family law mediator who is on your side. He may not be able to restore a good marriage, but he can prevent your insurer from proceeding with a divorce.  This will buy you the time you need to continue to receive the income replacement benefits you need to help pay your monthly bills.  It will also buy you additional time to fund the medical treatments you need to ensure full restoration to health.

3. I was injured in a car accident. My own insurance company has stopped paying for my treatment. Is there anything I can do?

Yes. After denying a Treatment Plan, your insurer will normally send you for an Insurer Examination, which usually confirms the denial.  You should speak to your family doctor, show him or her the Insurer's Examination Report and ask him/her to respond.

Your auto insurer will likely continue to deny payment. You have the right to apply to the Appeals Tribunal at the Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO). If you need help with your application and the hearing, call me at 416-383-0550.

4. After my car accident, I have been receiving accident benefits from my own insurer. Can I also sue the person who caused the accident?

Yes, if you are not at fault (or only partially at fault) for the accident. You can claim for damages not covered by your accident benefits claim, such as income loss and general damages (pain and suffering).  However, there is a inflation-indexed deductible for pain and suffering, which in 2020 was $39,556.53 for claims up to $129,395.49. Also, your injuries must be recognized by medical doctors as being serious and permanent.  Call me at 416-383-0550 to discuss your options.


5. What if I am found to be partly at fault for the accident?

Your claim will be reduced by the proportion you are found to be at fault for the accident. Fault can be determined at 100 percent for one party, 50/50 between the parties involved, or any other range of percentages.

Even if you have a no-fault insurance, someone will still be found at fault in an accident. No-fault insurance means that your insurance provider will pay your claim no matter who is at fault, and not because no-one is responsible for causing the accident. Check your auto insurance policy carefully, and speak with your insurance company and a lawyer to understand the specifics.

6. I fell on the sidewalk near my home. Can I sue?

Yes. If you fall on city (municipal) property, such as sidewalks or roadways, you have 10 days to provide written notice of the accident to the municipality. If you miss this deadline, you may be able to proceed with a claim if you have a reasonable excuse for the delay. Your best option is to provide written notice immediately, even if you are now past the 10 days post-accident.

After providing written notice, even if you are seriously injured, you will have to establish that the municipality was negligent in maintaining its property. In my experience, claims against municipalities are much more difficult to win than other slip and fall claims. Give me a call at 416-383-0550 to discuss your claim.

7. My spouse got into an accident, not me. Do I have a claim?

Possibly. You will generally have a claim if your spouse's injuries badly affected (and continue to affect) your relationship. For example, your spouse's injuries may keep him or her (and therefore you) awake at night. Likewise, during the day, your spouse may largely ignore you, becoming focused on his or her pain and discomfort. Both situations will likely be the basis for a claim for loss of care, guidance and companionship.

However, once again, there is a inflation-indexed deductible for loss of care, guidance and companionship, which in 2020 was $19,778.27 for claims up to $65,697.21.

8. My parent was injured in an accident. Do I have a claim?

Possibly, if you were dependent upon your parent at the time of the accident. If your parent's injuries mean that he or she is no longer able to care for you as before, you likely have a claim. This is especially true if you now find yourself caring for your injured parent more than he or she attends to your needs. Please call me to discuss your situation.

416-383-0550

We're here to help.

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