Here are some helpful hints about the legal and medical steps you need to take at the scene of a personal injury/ accident or motor vehicle collision (MVA):
- If involved in a car accident, remain calm and composed. It is important not to get irrational when other drivers are involved.
- Immediately make sure that everyone involved is safe and not seriously injured. If injury has occurred, call an ambulance immediately.
- It is important, in the case of an MVA, to exchange driver information details (name, vehicle license #, insurance information etc.) and establish whose fault it is.
- You must report any accident/collision by one of the following ways:
- In the event that you are in an MVA and your vehicle is not drivable, make sure it is towed to a body shop of your choice.
Contact TSF Law today to get your Free Toronto Personal Injury Lawyer Consultation.
Filing for your Long Term Disability claim can be a rigorous and strenuous process. At TSF Law, we are able to help you through this process so you receive the care you deserve.
If you have any questions, do not hesitate to call us for a free consultation at (905) 218-3668.
You’re casually driving along and suddenly you hear a loud bang!If you are not at fault in a car accident, the defendant in the case and his legal representation will do everything in their power to diminish the legitimacy of your case. This is why it is critical to always be as honest as you can possibly be in your statements to police and insurance companies.
The best way to handle this aspect of your car accident is by employing the services of experienced lawyers at TSF Law. We can walk you through every statement and ensure that you are not confused into making any false claims, while ensuring you are entitled to the proper healing and compensation needed.
A car accident injury can be extremely disruptive to your life, and even more so if you don’t have all of the information you need to make the right decisions.
You’re at work or walking on the street and suddenly something falls!If you encounter a workplace injury, or are involved in an injury on private of public property, not at your fault, the defendant in the case and his legal representation will do everything in their power to diminish the legitimacy of your case.
This is why it is critical to always be as honest as you can possibly be in your statements to police and insurance companies.
The best way to handle this aspect of your injury is by employing the services of experienced lawyers at TSF Law. We can walk you through every statement and ensure that you are not confused into making any false claims, while ensuring you are entitled to the proper healing and compensation needed.
A workplace and sudden injury can be extremely disruptive to your life, and even more so if you don’t have all of the information you need to make the right decisions.
Frequently Asked Questions :
Am I Entitled to Benefits After a Motor Vehicle Collision?
YES – Anyone injured in a motor vehicle collision is automatically entitled to Insurance Benefits. Insurance Benefits are available whether you were driving, were a passenger or were a pedestrian hit by a motor vehicle or other insurable vehicle. Even if the collision was your fault, you are still entitled to receive accident benefits.
When and How Do I Obtain Accident Benefits?
Within 7 days of obtaining an injury (whether at work or in a MVA) you are required to call the medical or motor vehicle insurer stating that you want to apply for insurance benefits.
The sooner you call the better.
You may need therapy, equipment, assistive devices, or other health care services upon discharge from hospital.
If you call the insurer early, benefits are more likely to be available so that you will have what you need when you need it.
If you do not call the insurer within 7 days, the insurer has the right to delay providing you with benefits.
An application for insurance benefits needs to be completed. A copy of the application can be obtained from the insurance company or a personal injury lawyer, if you choose to contact one.
What Happens Next?
The insurance company will assign an insurance benefits adjuster to your file whose focus will be on your injuries and health care needs. A separate adjuster will be assigned to deal with any motor vehicle damages, if appropriate. Your insurance benefits adjuster will provide you with the application package for insurance benefits.
There is a 30 day requirement that you return the completed application to the insurance benefits adjuster. The application will include a disability certificate.
The insurer has the right to delay the provision of insurance benefits without having a completed package. If you decide to retain a personal injury lawyer, his or her office will deal directly with the adjuster and can assist you in completing the application.
Why are Insurance Benefits Important?
Insurance benefits can assist you financially with:
- Hospital care
- Therapy costs (physiotherapy, PTSD management, pain management etc.)
- The cost of care and needs once out of hospital and at home (transportation, medication, etc.)
Some of the following benefits may be available to you depending on your eligibility:
- Medical and Rehabilitation Benefits – to pay for your treatment, therapy, medication and required equipment, housing and transportation
- Long Term Disability & Assistance
Other Possible Benefits and Compensation
You should apply for insurance benefits regardless of whether you have a health plan that may cover some of you medical expenses and/or income loss as a result of an accident.
Private health plans are often more limited, than insurance benefits, when it comes to the types of coverage you receive and amounts to be paid.
If you are eligible for medical or disability benefits through a private or work-related health plan, that health plan will be the first to pay for certain expenses, before the insurance benefits insurer.
However, you should apply to both insurance companies to access coverage for all your needs.
There may be other sources of compensation available to you depending on the circumstances of your injury e.g. WSIB (Workplace Safety & Insurance Board)
Do I Have the Right to Sue the At-Fault Person?
There may be certain circumstances under which you may be able to sue an at-fault person to recover personal losses. These losses may be related to economic, health care and pain and suffering needs.
These claims are over and above any insurance benefits you may be entitled to receive.
Should you wish to pursue this option, you must notify the person being sued within 120 days of the incident that you intend to commence a lawsuit.
You must also begin the lawsuit within 2 years of the incident.
Attendant Care Benefits
In some instances, those providing care to you while injured (including family members), and in some cases those who tended to you while you are in hospital, are entitled to a form of compensation.
This is something TSF lawyers are mindful of, to provide all possible routes to proper compensation and support to all personal parties in these difficult times.
Income Replacement Benefits
TSF Law ensure that you are compensated for some of the income you have lost as a result of your inability to return to work due to your injuries.
Choosing a Personal Injury Lawyer
Insurance systems are complex. Whether be medical or motor vehicle insurers, most patients and families are often vulnerable and be easily overwhelmed in dealing with the impact of trauma.
A consultation with a personal injury lawyer may help you clarify the benefits you are entitled to receive, protect your rights even if you are at-fault or partly at-fault, and advise you if you have the right to sue the at-fault person.
Choosing a personal injury lawyer who can best represent your needs is an important decision.
You are strongly recommended to choose a lawyer or law firm who specializes in representing seriously injured persons and families, for they are the most experienced with a variety of complex cases.
In meeting with a personal injury lawyer, you may want to consider the following questions:
- What percentage of a lawyer’s practice is dedicated to serious injury claims?
- What experience does the lawyer have in helping people with your type of injury?
- Has the lawyer had experience taking cases to trial?
- How will the lawyer be paid?
- Will the lawyer assist you with filling out forms and applications?
- How can the lawyer help you in your particular situation?
- Do you feel comfortable and confident that the lawyer and his or her team can successfully represent you?
- Will the lawyer explain your rights, the legal process, and the role of the lawyer in clear and simple language?
- If the lawyer does not speak your first language, will he or she provide an interpreter to assist you?