Automobile Accident Litigation

We provide advice and representation in respect of both accident benefit claims and third party defendant tort claims arising out of motor vehicle accidents occurring during the current Ontario Insurance Act regime and its 3 predecessors (commonly known as Bill 198, Bill 59, Bill 164 and OMPP).

Automobile Accident Benefits

We use a team approach to maximize the accident benefits available to you from your automobile accident insurer including your entitlement to be assessed by qualified medical and other health care providers, and payment of all replacement benefit, caregiver benefit, education benefit, medical and rehabilitation benefit and housekeeping and attendant care benefits.

For more information about automobile accident benefits you may review our automobile accident benefit chart.

If your insurer is disputing your right to a benefit or has wrongfully refused to make payment then we are able to represent you in pursuing payment through mediation and arbitration at the Alternative Dispute Resolution Group of the Financial Services Commission of Ontario. Where the decision of the insurer not to pay is associated with bad faith conduct then we will advance your claim for payment in litigation including claims for punitive damages. See our bad faith section for more information.

Tort Claims

Third Party tort claims are asserted for damages for pain and suffering, loss of enjoyment of life, loss of the amenities of life, loss of income, loss of earning capacity, housekeeping expense, loss of housekeeping and home maintenance capacity, past and future economic losses, healthcare and rehabilitation expense, loss of opportunity or advancement, loss of interdependent relationships and loss of the care, guidance and companionship of family members.

Claims for damages for pain and suffering, loss of enjoyment of life and loss of the amenities of life are barred unless they meet a threshold requirement that the injury results in a serious permanent impairment of an important physical, mental or psychological function. For more information about the threshold, you may review our threshold resource page. Also claims of this nature are subject to a $30,000.00 deductible unless they are worth more than $100,000.00.

Tort claims for healthcare and rehabilitation expense caused by automobile accidents must also meet the threshold requirement unless the injuries are deemed to constitute a catastrophic impairment. A catastrophic impairment is specially defined and a consultation and assessment is required to determine whether the criteria for catastrophic impairment are met.

We have particular experience in advancing claims for injuries associated with brain injury, including mild traumatic brain injury, chronic pain syndrome, fibromyalgia, orthopedic injuries and fractures, post traumatic stress disorder, reflex sympathetic dystrophy, soft tissue injuries, and spinal cord injury.

Interested clients should be aware that various time limitation periods apply to these claims which if missed may have the effect of barring the client from asserting rights and it is important that you contact a lawyer as soon as possible to discuss these time limits.

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