Obtaining compensation for personal injury has become a complex and highly specialized area of law. The only accurate and reliable way to have your situation assessed is for you to contact an experienced personal injury lawyer. Below we have answered some of the most common questions asked by our clients. For more in depth information you might contact one of our lawyers who will answer all your questions in a complimentary consultation session.
Do I have the right to choose my own case manager and treatment providers or must I accept those assigned by the insurance company?
You have the right to choose the person who will manage your care, treat your injuries, and direct your rehabilitation. The right lawyer can help you make an informed choice.
How do I complete all the forms?
We advise you not to. The forms should be completed by an accident benefits coordinator. Completion of the forms the correct way requires skill and experience. The omission or incorrect usage of a phrase or a sentence can have long-term detrimental consequences.
How much are your legal services going to cost me?
We work exclusively on a contingency fee basis. This means you don’t pay until there is a settlement.
How much can I expect to receive for my injuries?
This is a common question that most of our prospective clients ask during their initial consultations. There are several factors to consider, before we can estimate the value of your case. By gaining a better understanding of your injuries, we will be able to determine if there is going to be any future considerations. For instance, an injury that is minor today can become quite serious in the future. As a result, there would be medical bills, lost opportunities and lost wages (past & future) to consider, all of which would factor into determining the true value of your case. We can discuss your situation at length during your initial consultation.
How much time do I have to start my case?
These are some of the time limits you should keep in mind: We have 7 days to inform the Benefits insurance company of the accident and that you were hurt. We have 30 days to complete and send the Accident Benefits application. If you take longer, the insurance company can delay your benefits 45 days and may be able to deny you benefits altogether. We have 120 days to give written notice of your intention to sue the at-fault parties. We have 2 years to commence a lawsuit against an at-fault driver or your own insurance company if your benefits are denied. We have to provide the insurance company all the information it needs to determine your entitlement. You have 10 business days after it requests such information to provide it, or it can suspend or deny your benefits.
Should I talk to the insurance company before I have consulted with a lawyer?
No. All discussions with any insurance company should take place after you have been advised of your rights and consulted with a lawyer. Insurance companies fully understand if you provide your lawyer’s name and telephone number, and request that all initial discussions be with your lawyer.
What benefits am I entitled to if I was not working?
If you were the primary caregiver for someone in your home before the accident and you are not able to continue providing care after the accident, you may be entitled to receive caregiver benefits of up to $250.00 per week. You may be entitled to an additional $50.00 per week for every other person you were taking care of before the accident. Even if you were not the primary caregiver for someone in your home, you may be entitled to non-earner benefits of $185.00 per week, beginning six months after the accident, if you are completely unable to carry on a normal life. You must be at least 16-years-old to receive non-earner benefits.
What happens when I’m discharged from the hospital?
Accident benefits can pay for a wide variety of items and services that an injured person requires. It is important that your lawyer provides you with the right occupational therapist or case manager.
What if a dog bites me?
According to the Dog Owners’ Liability Act.: “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal”. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90d16_e.htm
What if I am a pedestrian or cyclist and don’t have insurance?
You are still entitled to receive benefits from the accident benefit insurance company or the Motor Vehicle Accident Claims Fund. In addition, you can start a lawsuit against the at-fault driver.
What if I am a student and can’t return to school?
If you cannot return to school, you are eligible for lost educational expenses incurred before the accident for tuition, books, equipment, or room and board. The expense cannot exceed $15,000.00.
What if I am unable to go back to work?
You are entitled to income replacement benefits through the accident benefit provider. They will pay up to 80% of your net loss to a maximum of $400.00 a week. You may be entitled to further benefits if you have a privately held or group insurance policy. Ask the lawyer about all your options.
What if I don’t have my own car insurance?
There are many different avenues to take if you are not currently insured. Your accident benefit claim may proceed through the at fault driver or alternatively through the Motor Vehicle Accident Claims Fund. Ask the lawyer which avenue applies to you.
What if I was involved in a car accident which was not my fault but I do not have any insurance; do I still have case?
Yes, so long as the party at-fault has insurance. His or her insurance company will pay for the damage to your vehicle and for your pain and suffering. As mentioned in the answer to question number 2, your medical bills will be paid at the conclusion of your case from the settlement proceeds.
What if I’m injured on someone else’s property?
Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including, loss of income, medical expenses, pain and suffering, etc. If you have been injured on someone else’s property, contact us immediately so that we can begin assessing your case. Also, please note that you should not give an interview to insurance adjusters or investigators hired by insurance companies until you have consulted with lawyer first. As such, it is imperative to seek legal advice as soon as possible.
What if my injuries prevent me from working?
You can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 70% of your gross loss of income up to a maximum of $400.00 per week. You may also be entitled to receive short-term disability benefits and/or long-term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer. Lastly, you may apply to Canada Pension Plan for a disability pension in certain circumstances. In addition to these benefits, you are entitled to claim for remaining loss of income in your lawsuit.
What if the accident was my fault?
If the accident was your fault you are still entitled to accident benefits. Speak to the lawyer about your rights to accident benefits under your insurance policy.
Who will pay for my medical bills?
Any and all reasonable and necessary medical and rehabilitation benefits incurred should be paid by the insurance company. The amount of benefits will depend on the nature of the injury and whether or not you have suffered a “catastrophic impairment”. If the person is not catastrophic, you are entitled to a maximum of $100,000.00 in medical and rehabilitation expenses. Please ask the lawyer under which category your injury falls.
Why should I choose Sal Guzzo, LL.B. Professional Corporation?
At Sal Guzzo, LL.B. Professional Corporation, your recovery is our first priority. We understand all the challenges you face after been injured, we understand that you might not be able to go back to work for while and therefore, you are entitled to compensation. Our goal is to assist you and guide you through the whole process, providing you with the support of an expert law firm that cares for its clients.
Our approach is different
we are humans working for humans. Our goal is
to get the best outcome for our clients.