Where do I need to go and how will I get there? We often pose these questions to ourselves without considering the potential consequences of being injured along the way. On an average day, approximately 325 Canadians sustain injuries from motor vehicle accidents. About one in 10 of these victims will be admitted to the hospital or die from their injuries.
A serious motor vehicle accident can be life-altering for a victim and their loved ones. Hurt, scared, and overwhelmed by what lies ahead, this is not a time when many people are filled with hope for the future. However, the motor vehicle accident lawyers at HSH are ready to show you that Hope Starts Here.
At A Glance
– Accident Benefits: Anyone in Ontario injured in a motor vehicle accident is eligible to make a claim for accident benefits from the Statutory Accident Benefits Schedule (SABS).
– Tort Claims: If you are not at fault for the accident or only partially at fault, you can file a tort claim for damages and compensation.
– Expertise: HSH works for clients involved in all types of motor vehicle accidents and is known for handling even the most complex and challenging cases.
We Can Help
If you were seriously injured in a motor vehicle accident involving a car, truck, motorcycle, all-terrain vehicle, boat, or public transportation, the personal injury lawyers at HSH can provide important information about your legal rights and options. From assisting with accident benefits to building a case for a lawsuit, HSH motor vehicle accident lawyers have the knowledge, skill, and experience to become your trusted advocate. Renowned for our legal acumen, we are persuasive and always well-prepared to represent your best interests, whether at the negotiating table or in court.
Accident Benefits
Anyone injured in a motor vehicle accident in Ontario is entitled to receive compensation through the Statutory Accident Benefits Schedule (SABS), regardless of whether they were at fault in the accident or if they are not covered by their own or a loved one’s motor vehicle insurance policy. Depending on the severity of their injuries, an accident victim may receive income replacement benefits (or non-earner or caregiver benefits), medical and rehabilitation benefits, housekeeping and maintenance benefits, and be reimbursed for medical examinations.
While an accident victim can apply for these benefits on their own, it is always in their best interests to consult an experienced motor vehicle accident lawyer for guidance. Mistakes made on these forms can delay payments or potentially limit the ability to receive the compensation deserved.
Tort Claims
Advancing a tort claim for damages is a legal process designed to help the accident victim return to the position they were in before the accident as much as possible. Heads of damage in a tort claim are either pecuniary (calculable costs that have been or will be incurred due to the injury) or non-pecuniary (monetary compensation as an acknowledgment of incalculable losses such as pain and suffering).
If an accident victim is not at fault for the accident, or only partly at fault, filing a tort claim is often essential to ensure they are adequately compensated for their loss. While accident benefits will be deducted from any negotiated settlement or court award to prevent “double recovery,” those benefits are often exhausted well before an accident victim’s need for them. Therefore, damages awarded from tort claims are likely necessary to supplement an injured person’s financial resources.
Certain family members (a spouse, children, grandchildren, parents, grandparents, and/or siblings) of accident victims are also able to advance tort claims under Ontario’s Family Law Act. These family members may be able to receive compensation for reasonable expenses incurred for the benefit of the person who was injured or killed, funeral expenses, travel expenses to visit their loved one during treatment/recovery, costs related to caring for the accident victim, and/or an amount to acknowledge the loss of guidance, care, and companionship due to the injury or death.
We Handle Complex Motor Vehicle Cases
Hundreds of personal injury lawyers would likely be willing to take on your motor vehicle accident case, but only a handful have the experience HSH has at the negotiating table or at trial that sets us apart. This experience can be integral to maximizing your compensation if your case or your injuries are especially complex.
For example, in some cases, an insurer will deny SABS payments by suggesting a person’s injuries were not sustained in a motor vehicle accident as defined by statute and common law. While defining a motor vehicle accident may seem simple and straightforward if it involves a collision between a car or truck on a public road, it can become much more complicated if:
- The vehicle in question is a novel type not clearly defined by law
- The vehicle is not required to be insured by applicable law or otherwise exempt
- The vehicle is not designed for use on public roads
- The accident occurred on private property
- The circumstances causing the injury are deemed to be an “incident” rather than an accident
At HSH, we don’t shy away from taking cases with legal complexities if we are confident that we can help a deserving accident victim successfully obtain compensation.
HSH has also established a reputation for ably handling motor vehicle cases involving complex injuries. For example, if an insurer determines an accident victim does not meet the threshold for a “catastrophic injury” designation according to SABS regulations, HSH will consult our network of medical experts to determine if we can make a case for this level of injury to achieve maximum compensation.
Navigating SABS insurance regulations and the tort system has grown increasingly difficult. Retaining a reputable motor vehicle accident lawyer to guide you as you make informed decisions could help you to avoid costly errors that can lead to substantial financial losses for you and your family.
Types Of Motor Vehicles Involved In Accidents
Whether you are a driver, passenger, pedestrian, or other road user, if you sustained significant injuries in an accident involving these (or other) types of vehicles, we want to hear from you:
- Cars: The most common motor vehicle involved in on-road accidents. If your injury was the result of a collision with another vehicle or stationary object or being hit by a car, it’s in your best interest to seek experienced independent legal advice rather than dealing exclusively with an insurer.
- Trucks: Common on the province’s highways, truck accidents are also frequent, and the injuries sustained in these collisions are often very serious. HSH has handled many cases involving accident victims injured by negligent operation of a truck, driver fatigue, and poor truck maintenance, including overloading.
- Motorcycles: Riders are incredibly vulnerable to catastrophic injuries from accidents. Traumatic brain injuries, severe orthopedic injuries, and spinal cord injuries can be life-altering, and accident victims often require significant financial resources in their recovery. We work closely with medical and rehabilitation specialists and life care planners to ensure you receive the accident benefits and compensation you need.
- All-Terrain Vehicles and Snowmobiles: Growing in popularity in Ontario, the number of accidents is also on the rise, primarily due to unskilled ATV drivers, rollovers, or insufficient safety equipment. These complex cases require a high level of skill to show recklessness or deliberate endangerment on the part of the driver who caused the accident. HSH has handled many of these cases for our clients.
- Boats: Popular on Ontario’s lakes and rivers, boating accidents involving collisions with water hazards or swimmers or accidental drownings and near-drownings can be life-altering. HSH understands the personal, medical, and legal difficulties that arise when others’ carelessness leads to preventable boating accidents and injuries, and offers tireless advocacy and skillful legal representation for our boating accident clients.
- Public Transportation: Moves hundreds of thousands of people every day in the province on buses, streetcars, light-rail transit (LRT), ferries, or subways. Unfortunately, not all people traveling on transit (or sharing the road with public transit vehicles) will complete their trips without incident. The Toronto Transit Commission, GO Transit, VIA Rail, and other municipal public transportation entities are subject to unique laws and procedures that can be difficult to navigate. Similarly, accidents involving private taxi companies and/or ridesharing services such as Uber and Lyft may present some additional complexities when making a claim for compensation. We are deeply familiar with the legal challenges of public transit accident cases and are well-prepared to take on even the most complex injury cases resulting from them.
- Snowbirds or Other Canadians Traveling Internationally: Motor vehicle accidents can occur while traveling in the United States and internationally. Determining which laws apply to insurance claims and civil actions can be complex. HSH has helped many snowbird accident victims make informed decisions about where, when, and how to seek compensation for their injuries. We also frequently make co-counsel arrangements with American attorneys to coordinate legal actions in multiple jurisdictions.
Motorized vehicles that are subject to motor vehicle insurance regulations share the road with many types of vehicles and road users, including pedestrians, cyclists, and e-bike and e-scooter users. If you were seriously injured in an accident and are unsure if you qualify for SABS benefits or compensation from a tort claim, contact an HSH motor vehicle accident lawyer for a free, no-obligation initial consultation to learn more about your legal rights and options.
A Reputation For Results
HSH has built a strong reputation among our past clients, legal colleagues, and professionals within the medical and rehabilitation community for outstanding client care. Consistently voted by our peers as one of Canada’s top personal injury firms, we have the knowledge, skill, and experience to confidently handle even the most challenging motor vehicle accident cases and to get results.
With an HSH motor vehicle accident lawyer on your side and by your side on this journey, you can be confident that we will work tirelessly to help you get what you need and deserve as you move forward with your life.
Learn how we can help you or your loved one by contacting us for a no-cost, no-obligation initial consultation.
