Car accidents are a daily occurrence in Ontario and if you or a family member has been involved in a car accident it is important to obtain the best legal advice possible. Our firm has a strong record of success representing those injured as a result of a car accident, particularly in cases involving catastrophic injuries. Unlike other law firms our lawyers prepare every case as if it is going to trial and we are selective about the cases we take, so that we can provide every client with the level of service they deserve in order to obtain optimal results.
In car accident cases our focus is on critical, life-changing injuries and fatality cases. We work with people who need strong advocates on their side to achieve a fair outcome. We have represented individuals in a wide range of car accident claims and have achieved successful settlements and verdicts for clients suffering such injuries as traumatic brain injuries, spinal injuries, serious orthopaedic injuries, and wrongful death.
An injury from a car accident can affect your physical, psychological and financial well-being. Our lawyers are there from the beginning to assist you in your recovery process.
Our personal injury lawyers have experience representing clients in a range of multi-car collisions, including:
- Highway collisions
- Intersection collisions
- Commercial vehicle collisions
- Motorcycle and car collisions
- Truck collisions
- Head-on collision
- Hit and Run collisions
- T-Bone Collision
We conduct thorough investigations, interview witnesses and get experts on the site of the accidents as soon as possible to assist in accident reconstruction. We evaluate a number of materials, including black boxes, safety records and skid markings on the pavement. No matter what type of injury you may be suffering, the lawyers at our firm will make certain that all available pools of compensation have been accessed. At McLeish Orlando, we take immediate action and work to make certain that all sources of insurance compensation and rehabilitation are pursued.
We have represented clients suffering injuries including:
- Traumatic brain injuries
- Spinal cord injuries (complete and incomplete)
- Injuries to the head
- Paralysis and disfigurement
- Burn injuries
- Pelvic and leg fractures
- Upper body fractures
- Broken bones
- Injuries sustained from drunk driver accidents
Our lawyers work with a range of medical professionals who assist with our clients’ recovery, including neurologists, neurosurgeons, clinical and neuropsychologists, orthopaedic surgeons, physical therapists and speech language pathologists. We also work with life care planners who can assist in projecting a fair analysis of an injured victim’s future needs.
When a person is involved in a car accident in Ontario that results in a serious injury or death, compensation is available for the injured persons as well as their families. In Ontario, there are two streams of compensation, one is through a claim for accident benefits, sometimes referred to as “no fault” benefits and the other is through a negligence claim for damages (or a tort claim as it is sometimes called).
If you have been involved in an accident caused by another person’s negligence, understanding the available statutory accident benefits in Ontario for car accident lawsuits can seem complex. Our lawyers can assist with this process.
In Ontario, accident benefits are considered “no fault,” meaning that you are entitled to the benefits even if there is a dispute as to who caused the accident. These benefits are typically available through your own insurer and are meant to provide an immediate source of relief and recovery. This includes benefits such as partial (or total):
- Income replacement benefits,
- Non-earner benefits
- Caregiver benefits
- Medical and rehabilitation benefits,
- Attendant care benefits,
- Education benefits,
- Expenses of visitors
- Housekeeping and home maintenance,
- Funeral and death benefits.
It is our top priority to ensure that you get the proper medical treatment and rehabilitation necessary to embark on a path to recovery and regain maximum functionality after the accident.
Our skilled Accident Benefit Clerks work toward recovering the maximum amount of benefits for our clients. We are skilled negotiators and have significant experience in acting on behalf of clients. Our lawyers will work to get you the available benefits as quickly as possible, including resolving matters through such dispute resolution mechanisms as mediation and arbitration.
Negligence Claim for Damages
In a negligence claim for damages an injured person must prove two things:
- the other driver was at fault, and
- the extent of their injuries and losses suffered.
If the accident was caused entirely or in part by another party, that individual’s insurance may be responsible for compensating the injured person for the following:
- Pain and suffering and loss of enjoyment of life,
- Loss of income earning capacity and competitive advantage,
- Loss of household and home maintenance capacity,
- Future cost of care,
- Loss of share family income,
- Out of pocket expenses,
In Ontario, most individuals have coverage in their auto policy for underinsured/uninsured or unidentified drivers. This part of a policy is called a family protection endorsement. Our firm can assist in determining if this is part of your auto policy.
Under this part of a policy, the testimony of an independent witness or non-family member, or tangible evidence such as a broken tail light, can provide objective evidence in an accident situation. If physical evidence or independent witness evidence is not discovered, you could be precluded from obtaining compensation under that portion of the policy.