Accidents can occur like a bolt from the blue, causing enormous devastation in their wake.

Motor-vehicle accidents can be particularly dangerous when there are small children, senior citizens or pregnant women involved. In catastrophic accidents, disability, disfigurement or even death can result.

At moments like this, one of the things that provides a sense of security is the knowledge that insurance will reimburse us for the damages and injuries sustained.

Most of us assume that our insurance company or those of the at-fault parties would settle once the paperwork and evidence of fault/negligence have been provided. However, insurance-services are for-profit enterprises and their goal is to ensure the health of their businesses.

As Kingston personal injury lawyers know from experience, insurance claims-adjusters may not always act in good faith. They may use a variety of tactics to deny liability of the at-fault party, prove that there was some contributory negligence on your part, dismiss your claim outright on technical grounds, minimize the nature and extent of injuries etc in order to avoid making a settlement payout. Alternatively, they may offer a meager settlement which would not cover your present and future medical expenses and loss of income.

Seeking Compensation

Accidents are the result of someone’s fault or negligence. The injured have a right to receive compensation for the injuries that have occurred through no fault of theirs.

Ontario laws provide statutory benefits for all those injured in motor-vehicle accidents, regardless of fault, payable by your own insurer. However, there are certain fixed thresholds and limits that are in-built into your auto insurance policy. This may give rise to a shortfall, leaving a gap between what you receive and your actual expenses. Additionally, victims are entitled to file a personal injury suit against the at-fault party.

Under such circumstances, your personal injury lawyer can advise you on the various options open to you.

Available Options

Going through a lengthy (at least 3-4 years) and expensive trial process may not be everyone’s choice. Trial outcomes can go either way. In fact more than 90% of such claims are settled out of court, through negotiations.

Yet, it’s important to file a suit within the prescribed deadline, or you may lose your right to sue.

Experienced Kingston personal injury lawyers with a successful track-record in dealing with similar cases can explain all the available options and the pros and cons of each.

The Ontario Ministry of the Attorney General provides information on alternative strategies to getting the compensation you deserve:

• Negotiations
• Mediation
• Arbitration

are the areas where both sides get to present their case and establish the strength of their claims. Parties can directly negotiate with each other or through/in the presence of legal/insurance  professionals.

Presenting a robust claim backed by solid evidence showing negligence of the at-fault party, how the accident occurred and caused the injuries, the nature and extent of injuries and their impact on the victim’s life are the cornerstones of a successful claim.

Mediation and arbitration are moderated by a neutral third party who can help the parties to reach a mutually-agreed upon, fair and lasting settlement.

Whatever the option that’s chosen, it’s important to ensure that your rights are protected throughout the process.