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Ontario has a combined tort and no-fault automobile insurance scheme. As a result, there are two potential streams of compensation available to accident victims. One stream of compensation is derived by suing the person responsible for causing the accident. This stream of compensation is only available in circumstances where the collision was at least partly the fault of another party. In a negligence claim for damages against another driver, an injured person has four areas in which he or she may recover damages from the negligent driver. These four areas are as follows:
* Non-Pecuniary General Damages for pain and suffering, loss of enjoyment of life and loss of amenities
* Loss of income
* Future Care expenses
* Other Out of Pocket expenses
Family members can also advance a claim for damages pursuant to the Family Law Act.
Another stream of compensation is Statutory Accident Benefits. These are benefits that are available to every person who has been injured in a car collision, regardless of fault for the collision. Every automobile insurance policy contains mandatory accident benefits coverage. Accident benefit coverage is available in each of the following categories:
* Weekly income replacement benefits
* Supplementary medical benefits and rehabilitation benefits
* Attendant care benefits
* Funeral and death benefits
* Non-earner benefits
* Caregiver benefits
One of our main goals when representing a person injured in a car collision is to insure that they receive full and fair compensation from both streams of compensation that are available to them.
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