Toronto car accident victims suffer serious personal injury because of negligent and careless drivers who disobey traffic rules and procedures. Those who are injured through negligent driving or DUI in Ontario may make a tort claim against the insurance companies of the negligent driver.   Car accident victims must first file a claim for Statutory Accident Benefits before filing a claim against the at fault driver.

Considerations for Legal Action on Negligent Drivers 

Ontario law provides compensation for injured car accident victims to sue the negligent driver for damages and trauma. If you have had a personal injury due to a negligent or careless driver, it is best to consult with our Toronto car accident lawyer for a free legal opinion about your rights.  Your lawsuit will be handled professionally by pur experienced car accident lawyer who is well versed with the legal system and investigations to prove that:

• You suffer certain damages from the said accident emotionally, physically or mentally including property
• The damages were caused by the defendant
• The defendant did not abide by the road traffic laws and caused the damages
• You have been  disadvantaged after the accident in health, quality of life and earning capacity

However, if you the plaintiff have some responsibility towards the personal injury incurred, the case would be more challenging as the defense accident attorney would prove that:

• There was  a  contributory negligence by you to incur some damages such as distraction in driving
• There was a voluntary assumption of risk such as consent to speaking
•  There is ex turpi causa which refers to your involvement in an illegal activity to cause the accident

Activating a Lawsuit on Personal Injury Damages

If you have been hurt by a negligent or careless driver, you may proceed with legal actions against the defendant within 2 years of the accident. This is the stipulated time frame permitted by Ontario law to seek compensation on personal injury damages although there are special circumstances for extending this time limit. Our experienced accident injury lawyer is well versed in dealing with the car accident claims process.

Personal injury damages from an accident could be trivial or severe depending on the impact of the accident on the injured. Even if you were incapacitated from the accident or deceased your family members can file a claim on your behalf under the Family Law Act. Your family could sue the responsible party for your loss in providing the companionship, financial provision, care and guidance to your dependents.

Potential Personal Injury Damages 

Personal injury damages from an accident could be categorized into:

• pecuniary damages
• non-pecuniary damages

Pecuniary damages refer to compensation on economic losses caused by your inability to provide the normal finances outside the accident while non-pecuniary damages refer to compensation for the pain and suffering.

Our car accident lawyer could pursue different categories of damages if strong existence of negligence elements exists in your legal case. You could claim:

• Loss of past and future incomes
• Future expenses for medical treatments, recuperation and rehabilitation
• Expenses incurred on housekeeping and home maintenance
• Miscellaneous expenses as special damages resulting from impairment
• Emotional, mental and physical anguish, trauma, pain or suffering compensation

Your Toronto claims lawyer will assess the various categories of damages you are entitled as a result of your personal injuries.  Our car accident lawyer will focus on the pain and suffering caused to you as well as emotional, social or mental impairment that adversely affects your quality of life.

Solid Evidence for Favorable Personal Injury Claims

Your accident injury lawyer must be able to prove that your accident injuries exceed the stipulated legal threshold with solid medical evidence from reliable medical experts. The evidence encompasses:

• Nature of impairment
• Permanency of impairment
• Specific function of impaired component
• Importance of impaired function to you

The defendant must be proven to be responsible for the accident by to secure favorable compensation from the defendant’s insurance company that would be defending on their behalf. However, many negligent drivers prefer to settle out of court via their insurance representatives than through a court hearing as negotiations on compensation could be better handled. Your car accident lawyer would negotiate with the insurance company’s legal representative to agree on the compensation that would be fair and reasonable to both defendant and plaintiff.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.