ACCIDENT BENEFITS AND DAMAGES

We are your Toronto accident benefits and tort lawyers that care.

At MAZI LAW, we are compassionate, committed, and confident that we will provide you and your loved ones with the compensation you deserve following an injury or accident.

Accidents happen every day for various reasons. When an accident results in physical or psychological injury, you need experienced personal injury lawyers to get you a fair and reasonable settlement.

Typically, there are two types of claims that an injured person may be entitled to, commonly known as:

 

Accident Benefits

Accident benefits, or “no-fault insurance” benefits, are available to ANY person involved in a car accident in Ontario, even if you were at fault for the accident. When you are injured due to a car accident, you have the right to apply to your own insurance company for medical, rehabilitation, attendant care, and income benefits.

Typically, the insurance companies will initially place an injured person within the “Minor Injury Guideline”, which provides very limited amounts of treatments, up to a maximum of $3,500. Under the law in accident benefits, an injured person may be removed from the Minor Injury Guideline if the insurer is satisfied that you sustained serious and chronic injuries, pre-existing injuries, or psychological injuries. At MAZI LAW, we will review your injuries and supporting medical documents to help you access greater amounts in accident benefits, including up to $65,000 for non-catastrophic injuries. At the same time, we will provide you and your family with our expertise, guidance, and resources necessary to focus on your recovery.

Some examples of accident benefits you may be entitled to include:

  • Medical and rehabilitation benefits

  • Income replacement benefits or non-earner benefits

  • Attendant care benefits (if your injuries are not considered minor)

  • Caregiving benefits (optional)

  • and more.

 

Tort Claim for Damages and Pain and Suffering

A tort claim, or “third-party claim, is a claim before the Court against a tortfeasor or an at-fault party. A tortfeasor refers to the party that caused damages or injuries to another person due to their negligence. A personal injury tort claim for damages, pain and suffering, and economic losses will usually be pursued through suing the at-fault party and seeking compensation from the insurance company.

The compensation sought in a tort claim will be case-specific. The first step is to establish causation and liability, which means we have to prove that the opposing party (tortfeasor) was in law responsible for and caused your injuries. Even if you are partly responsible for your injuries, you are still entitled to compensation.

The compensation sought in a tort claim generally includes General Damages and Specific Damages. General damages are the non-pecuniary losses suffered by the injured party, namely the pain and suffering experienced as a result of physical and psychological injuries. General or non-pecuniary damages are often difficult to quantify because it is hard to place a dollar-value on someone’s injuries.

Specific damages are the pecuniary losses suffered by an injured party, including various economic losses such as past and future loss of income, loss of future earning capacity, housekeeping expenses, personal care expenses, costs of medications and assistive devices, and other out of pocket expenses. Specific or pecuniary damages are easier to quantify.

Sometimes, getting compensated may be a problem if the at-fault vehicle was stolen, driven without the consent of the owner, or the at-fault driver was otherwise uninsured or underinsured. Other times, you may be involved in a hit-and-run accident when you cannot identify the at-fault party. When such issues arise, many people assume that they have no recourse.

This is simply not true. MAZI LAW will help you navigate the legal process and secure the compensation you and your loved ones deserve.

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Accident Benefits Lawyer Toronto and North York

Being denied of your deserved accident benefits is stressful and frustrating, especially when dealing with ongoing injuries, expensive medical bills, and lost wages. If you or someone you know has been denied accident benefits, it is important to seek legal advice from a lawyer.

At MAZI LAW, we will diligently review your denials and dispute them in a timely manner. An insurance company may deny accident benefits to an injured person due to various reasons, including but not limited to: return to work duties, surveillance of the injured person showing no serious injuries or limitations, lack of medical evidence, missed deadlines for providing requested documents, or due to the Minor Injury limits.

Our lawyers for accident benefit denials are familiar with all of these tactics and many more. We can help you counter them through aggressive advocacy to ensure your legal rights are preserved. If your benefits have been denied, you have the right to dispute these denials by submitting an appeal application to the Licence Appeal Tribunal (LAT). Rest assured, MAZI LAW will handle your LAT Application from beginning to end, in an attempt to secure a reasonable settlement.

Pain and Suffering Lawyer Toronto and North York

Pain and suffering, also referred to as “non-pecuniary” or general damages, of an injured person should be compensated for by the negligent party or its insurer in a tort claim. The compensation for “pain” often includes future pain, not yet experienced. The compensation should also include the potential that the pain may get worse. The “suffering” often includes the injured person’s inability to participate in social and recreational activities, including caregiving to your children, playing sports, or going out with friends and family.

In Ontario, there are restrictions on payments for pain and suffering stemming from a motor vehicle accident. According to the law in Ontario, to be compensated, an injured person must meet the legal threshold by proving that you suffered from “permanent and serious injuries”. In addition, for motor vehicle accidents, a deductible of approximately $45,000 is applicable to pain and suffering awards. These amounts will fluctuate yearly due to economic factors, like inflation.

If the injury is caused by a slip and fall or trip and fall accident, there is no threshold nor deductible that is applicable to the amount of compensation you are entitled to.

Disability Lawyer Toronto and North York

The purpose of a disability claim (whether in Accident Benefits, Tort, or through short-term disability and long-term disability benefits) is to compensate an injured person for the losses and damages they suffered due to an accident or injury.

However, it is important to know that double compensation or double recovery is not available. Some compensation may not be available to an injured person from the relevant insurer if it is available elsewhere (e.g., extended benefits, social benefits, or private insurance). In some cases, OHIP is to be paid for some or all of its payments following a slip and fall or trip and fall incident.

The interplay between widely available benefits and insurance schemes may be complicated for the layperson. This is when you and your loved ones will benefit from the experience of our North York and Toronto lawyers who have the knowledge and expertise to maximize the net payments to our clients. At MAZI LAW, we help our clients avoid deductions so they can get the compensation they deserve following an accident.

Family Law Act Lawyer Toronto and North York

If an immediate family member has been seriously injured due to another person’s negligence, you could be eligible for compensation in the tort claim too. Ontario’s Family Law Act allows children, grandchildren, parents, grandparents, brothers, and sisters of those injured or killed in accidents to recover damages.

Through vigorous representation, MAZI LAW can help you recover the costs of:

  • Compensation for any care or housekeeping you provide for your family member(s)

  • Travel expenses to visit your loved one(s) in the hospital or while he or she is recuperating

  • An amount to compensate you for the loss of guidance, care, and companionship that you would have otherwise received if your family member was not been injured or killed

Although we understand that no amount of money can truly compensate you for the emotional suffering you experience, courts and insurance companies attempt to compensate family members through their grief in the only way they can.

Contact MAZI LAW – Your Trusted Accident Benefits and Damages Lawyers in Toronto and North York

If you or a loved one needs assistance with accident benefits and damages, do not navigate the complexities alone. Call MAZI LAW today to speak with one of our experienced lawyers in Toronto or North York and arrange a no-obligation consultation. With our expertise, you can secure the compensation and support you deserve.