McLeish Orlando's Accident Benefits Claims Lawyers

Everybody injured in a motor vehicle accident in the Province of Ontario is entitled to receive Statutory Accident Benefits, often referred to as no-fault benefits.  The only question is which insurer will pay and what level of benefits is the person entitled to.

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If you are injured in a motor vehicle accident and you are an insured person under an Ontario automobile insurance policy, it is your own insurer that is responsible for providing the no-fault benefits. If you are not an insured person under an Ontario auto policy, your no-fault benefits will be paid by the insurer of the car that you were a passenger in or the insurer of the other involved vehicle. In the case where there is no auto policy able to respond, the no-fault benefits will be paid by the Motor Vehicle Accident Claims Fund.

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You Are Entitled to Accident Benefits if You Have Been Severely Injured.

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Types of Benefits Available in Ontario

The types of motor vehicle accident benefits that are available to an injured person or the family of a deceased victim include:

Weekly benefits such as:

  • Income replacement benefits: which  pays a person 70% of their gross loss of income to a maximum of $400 per week provided they are unable to perform the essential tasks for their own occupation for the first 2 years following the accident. After two years, the person must show they are unable to engage in any occupation that they are reasonably suited to by virtue of their education, training, and experience.
  • Non-earner benefits: which pays a person $185 per week for a maximum of 2 years.  This benefit is for those that were not working at the time of the accident and have suffered a complete inability to carry on a normal life.
  • Caregiver benefits: which pays a person $250 per week for the amount paid to look after someone who is in need of care.  An additional $50 per week is paid for each additional person in need of care. This benefit is only available to those who are designated as having suffered a catastrophic injury.

Health benefits such as:

  • Medical and rehabilitation benefits and attendant care benefits: which pay for such things as treatment, medications, assistive aids, renovations, community rehab professionals, and  personal support workers who assist a person with their activities of daily living.
  • The maximum available to someone with a non-catastrophic injury is $65,000 and is available to the injured person for 5 years from the date of the accident.  If a person receives a catastrophic designation, the maximum payable is $1,000,000 and the benefits are available for the injured person’s life.
  • Case management if the person is designated catastrophic.
  • Housekeeping and homemaking assistance: which is payable to a person with a catastrophic designation to a maximum of $100 per week to reimburse for housekeeping assistance that they did before the injury.

Death and funeral benefits such as:

  • A benefit of $25,000 is paid to a surviving spouse or same sex partner and $10,000 to each of the victim’s dependants.
  • Reimbursement for funeral expenses to a maximum of $6,000.

What is a Catastrophic Impairment?

For the purposes of claiming Statutory Accident Benefits, a catastrophic injury caused by a motor vehicle accident is defined as one or more of the following:

  • Paraplegia or quadriplegia
  • Serious traumatic brain injury such that the person is vegetative for 30 days, severely disabled after 6 months of recovery, or moderately disabled after 12 months of recovery
  • Blindness
  • Amputation or total and permanent loss of use of an arm or leg
  • A combination of physical and mental/behavioural impairments that amount to a 55% whole person impairment assessed 2 years after recovery
  • Severe or 4 marked impairments due to a mental or behavioural disorder

For those that have been seriously injured, a catastrophic designation is a key component to their case.  It provides the person some peace of mind knowing that there is $1,000,000 available for the remainder of their lives.

Our Accident benefits lawyers are dedicated to ensuring that those deserving of the higher level of protection receive the catastrophic designation. We will work with a team of medical and rehabilitation experts to accomplish this task.

How Our Motor Vehicle Accident Lawyers Can Help

Our motor vehicle accident lawyers have access to highly skilled rehab professionals who will work with you to ensure you make the fullest recovery possible.

The accident benefits system is complicated, time-consuming, and difficult to navigate. Our motor vehicle accident lawyers will be in constant contact with your insurance company and rehabilitation team to make sure that you are receiving the best possible care without having to worry about how it will be paid for. We recommend that you contact an experienced motor vehicle accident lawyer to assist you with navigating your rights to obtain  the accident benefits you are entitled.

 

 

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If you or your loved one has suffered from a severe injury, as a result of the negligence of another person, please contact McLeish Orlando’s team of personal injury lawyers on our toll-free number for a free consultation.

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