Car Accident Lawyer Toronto

It takes a simple negligent act like adjusting a stereo while driving to cause a terrible car crash that could result in catastrophic injuries. Therefore, if you or a loved one suffered injuries in a car accident, you are entitled to compensation. Contact our lawyer for car accidents to understand your case better and learn more about your legal options.

Fast-forward to the first quarter of 2023, OPP reports reveal that 88 pedestrians were injured in car-related accidents within the first month of 2023. This is about a 20 percent increase compared to pedestrian injuries reported in the previous year.

Other reports from the OPP reveal that approximately 359 people died in car-related crashes across Ontario province in 2022. This is the highest number of fatalities in the past decade, according to the Ontario Provincial Police.

Shifting to annual trends, Ontario roads were somewhat less safe in 2022 than in 2021. Deaths related to vehicle accidents increased by 11 percent – from 315 deaths reported in 2021 to 359 deaths reported in 2022. Also, vehicle accidents increased by about 20 percent across the province – from 60,659 collisions reported in 2021 to about 74,172 accidents recorded in 2022.

You’ve been involved in a car crash. Now what? Your heart is racing, and your mind is trying to process what just happened. Maybe some cuss words are being thrown around. First, take a deep breath and try to stay calm. Focus on the crash details and don’t make any promises or admit fault. Here’s what to do after a car accident in Toronto.

Step 1: Stop your Car and Ensure your Safety

You are likely to face criminal prosecution in Ontario if you flee an accident scene. So stop your car, and turn on the four-way flashers and hazard lights. If you can still stand up, set up road flares. Your safety and the safety of the other road users should be your priority. Move to a safe area from the oncoming traffic and call for help.

Step 2: Call the Authorities

Regardless of who was at fault for the car accident or the nature and extent of property damage done, call the police. The faster the emergency response team can reach your location, the better the chances of survival for those who may have suffered severe injuries. If you suffered injuries and cannot get out of the vehicle, turn on the hazard lights and call the police.

Even if your injuries seem minor, it’s crucial to get the police involved. Their official police accident report can be a key piece of evidence later on. Remember to call a lawyer. Experienced personal injury lawyers can provide valuable insights regarding your interaction with the authorities and documentation of the accident scene.

Step 3: Document the Accident Scene

Collecting evidence is imperative for all potential car accident cases you would like to file. Here are ways to document the car accident scene and collect evidence.

Take Photos

If you are safe, step out of your vehicle and use your smartphone to take pictures. Ideally, you have not moved your vehicle. Take photos and video clips of the final position of all automobiles involved in the accident. Document any skid marks and any form of physical damage to the vehicles.

Record the Details of the Accident

Write down the details of a car accident – when, how, and where it happened. Try to remember and record what happened immediately before, during, and after the accident. Include the date, time, speed of your car, location, road condition, and weather.

The photos, videos, and descriptions of the accident will help determine the fault for the accident. Remember, Ontario province implements a no-fault insurance system. That means you and your personal injury lawyers will only deal with your insurance company.

Step 4: Exchange Information

Once the emergency responders have arrived or you have ensured everyone is safe, it’s crucial to exchange relevant information with other drivers or parties involved in the vehicle accident. Get the following details from the other driver:

• Their full name
• Driver’s license information
• Contact details – address, phone number, and more
• Vehicle license information
• The other driver’s insurance company information – policy number and insurance company name

Contact your insurance service provider (when you are safe to do so) and report the incident. Provide detailed and accurate information about the crash, including the police case number and the other driver’s information.

Be prepared to respond to questions about the circumstances of the vehicle accident and offer any supporting documents requested by the insurer. It’s recommended to first consult your personal injury lawyers and seek their legal counsel when interacting with your insurance provider.

Step 5: Seek Medical Attention

Even when you think you haven’t sustained serious injuries, it’s recommended to seek medical attention after a motor vehicle accident. This is because some injuries may not be apparent. A detailed medical assessment can ensure all underlying injuries are diagnosed and treated appropriately. Retaining your medical reports is also crucial for any Toronto car accident cases or other potential legal actions you are likely to take.

Throughout your treatment process, it’s crucial to keep a detailed record of all medical expenses, communications, and expenses associated with the accident. This includes car repair invoices, medical bills, insurance correspondence, and other forms of relevant information.

Such a detailed medical assessment and treatment record can help your personal injury lawyer establish a baseline from which issues related to the car crash can be projected. Furthermore, a clear record of treatment, prescriptions, medical assessments, and all forms of therapy received after the accident can help calculate the amount of compensation you deserve. These records can also support your personal injury claim.

Why Seek Immediate Medical Attention?

Professional medical assessment immediately after a car accident is important. It allows your doctor to understand the nature and extent of your injuries – this is crucial to your treatment and recovery. Even if you don’t feel pain or think you haven’t sustained serious injuries, seek a medical professional’s help. Some injuries, like concussions, may not manifest immediately, but an experienced medical professional can diagnose them.

By seeking immediate medical attention after an accident, you establish a record of all injuries associated with the car crash. Delayed medical assessment and treatment can worsen your injuries. Besides, insurance companies often use delayed medical treatment against personal injury claims.

Here are the leading causes of car accidents in Toronto.

Negligent Drivers

Negligence manifests in various forms, including distractions, intoxication, drowsiness, speeding, and violating traffic regulations. Such behaviours increase accident risks, necessitating heightened awareness among drivers to mitigate collision probabilities.

Drinking and Impaired Driving

Despite improved statistics over the years, impaired driving remains a significant cause of severe car accidents in Toronto and nationwide. Statistics indicate a prevalence among young males aged 20 to 24. In 2020, law enforcement reported 77,600 cases of impaired driving across Canada, highlighting the persistent threat posed by alcohol and drug impairment on road safety.

Medical Conditions

Medical conditions such as depression, anxiety, and poor vision contribute to a notable portion of car accidents. Failure to adhere to prescribed medication further exacerbates liability concerns, emphasizing the importance of responsible self-management among drivers with medical conditions.

If a driver doesn’t take the prescribed medication or fails to use a medically recommended assistive device and causes an accident, he or she will be held liable for the motor vehicle accident.

Improper Vehicle Maintenance

Maintenance negligence, including inadequate tire tread, faulty brakes, or other mechanical issues, poses a hazard to road safety. Both drivers and vehicle owners can be held accountable for accidents resulting from improper vehicle maintenance, underscoring the necessity of regular maintenance routines.

Distracted Driving

Distracted driving recently surpassed impaired driving as Ontario’s leading road hazard. It encompasses various activities, notably smartphone usage. Despite its prevalence, many drivers underestimate its dangers, risking severe accidents and resulting injuries for themselves and others on the road.

In addition to these primary causes, running stop signs or lights, aggressive driving, street racing, driving while fatigued, and other factors contribute to Toronto’s car accident landscape. Awareness, responsible behaviour, and adherence to traffic laws remain crucial in mitigating these risks and fostering a safer road environment.

Car accidents in Toronto can result in many injuries, ranging from minor bruises to severe trauma. Understanding the common injuries suffered by victims is crucial for both treatment and the process of seeking compensation. Here are some of the most frequently encountered injuries:

Traumatic Brain Injury (TBI): TBI occurs when the brain sustains damage due to a forceful impact or penetration of the head during a collision. Car accidents are a leading cause of TBI and can result in varying degrees of cognitive impairment.

Spinal Cord Injury and Paralysis: The impact of a car crash can lead to spinal cord injuries, causing paralysis such as quadriplegia or paraplegia. Victims may experience partial or total loss of motor function below the injury site, necessitating long-term medical care and rehabilitation.

Back Injuries: The human spine is susceptible to injury during car accidents, often resulting in debilitating back pain and long-lasting disability. Injuries may manifest immediately or emerge later, requiring comprehensive medical evaluation and treatment.

Burns: Vehicle fires or contact with hot surfaces and fluids can cause severe burns to car accident victims. Treatment for extensive burns may involve surgery and skin grafting to facilitate healing and prevent complications.

Internal Injuries: Forceful impact or contact with objects during a collision can lead to internal organ damage and bleeding. Prompt medical intervention is necessary to address internal injuries and prevent life-threatening complications.

Fractures and Broken Bones: Car accidents frequently result in fractures and broken bones, ranging from minor to severe. Treatment may include immobilization, surgery, and rehabilitation to facilitate recovery and restore functionality.

Limb Loss and Amputation: Severe trauma during a Toronto car accident can result in limb loss or necessitate surgical amputation. Victims may face lifelong challenges adapting to the loss of a limb and require comprehensive rehabilitation.

Soft Tissue Injuries: Sprains, strains, and bruises to muscles, tendons, and ligaments are prevalent in Toronto car accidents, causing pain and discomfort. Proper diagnosis and treatment are essential for managing soft tissue injuries and preventing long-term complications.

Post-Traumatic Stress Disorder (PTSD): Mental and emotional injuries, including PTSD, can occur following a car accident. Victims may experience anxiety, depression, and difficulty coping with everyday activities. Seeking professional mental health support is crucial for managing PTSD symptoms and facilitating recovery.

Regardless of the injuries you suffered in a car accident, it is in your best interests to seek immediate medical attention. Detailed medical documentation will be a key foundation for your car accident claim and serve as key evidence during settlement negotiations or a court trial.

For anyone involved in a serious car accident, it can be a traumatic experience they will ever live through. Sadly, far too many Canadians suffer life-changing injuries and sometimes fatal injuries as a result of these accidents. Most severe injuries and all catastrophic injuries necessitate costly medical treatment that may not be covered by OHIP.

In some cases, the patient may suffer permanent physical and cognitive impairments. This may necessitate assistive devices for the patient’s safety, assistance with self-care, therapy, housekeeping, and home modifications. You need a team of experienced personal injury lawyers to file a claim and ensure you get financial compensation that can cover the high cost of medical treatment for serious injuries.

Why you need a Lawyer

Here is why you need an experienced personal injury lawyer if you were involved in a serious car accident.

Navigate the Complex Legal System

Personal injury lawyers are trained to protect your rights during claim settlement negotiations and even in court if your car accident claim goes to trial. They can defend you and protect your interests when your insurance company tries to limit or deny your claim. Based on the details and circumstances of your case, your car accident lawyer can find legal ways to ensure you get fair compensation.

Sure, Ontario’s personal injury law enforces a compensation system that provides a financial safety net for the victims of Toronto car accidents. This system is known as the Statutory Accident Benefits Schedule (SABS) and ensures financial support for those injured in motor vehicle accidents regardless of who was at fault. However, your insurer may try to invalidate your claim. That’s why you need a lawyer to navigate this complex system.

Dealing with your own Insurance Company

If you or a loved one were involved in an accident, it’s recommended to first consult your lawyer when dealing with your insurance policy provider. Whether you are to blame for the motor vehicle accident or not, let your lawyer help you respond to requests from the insurance company (your insurer or the other party’s). After all, it’s the insurance company’s vested interest to make the lowest possible settlement offer.

Most car accident victims lack experience with injury claim processes and don’t even know what would be legally considered a fair settlement amount. Some are even afraid of taking a stand in court or don’t know the settlement negotiation process.

That’s why such individuals may prefer settling their car accident cases out of court – directly with their insurers. Doing so without the help of a car accident lawyer could result in unfair compensation or claim denial. However, having an experienced lawyer on your side makes it possible to gather facts, keep a detailed record of your injuries, and negotiate a better settlement.

Even when your car accident claim goes to trial, you need someone who understands the complicated court processes and has real court experience. Your lawyer will be ready to fight for your rights and protect your interests. Furthermore, an experienced personal injury lawyer can help avoid mistakes that can derail your personal injury claim.

Get Fair Compensation

All insurance companies are in the business of making profits, not paying out every personal injury claim filed. That’s why your insurer may try to lowball your injury claim with their first settlement offer. While your insurer may advise you to accept this offer, you’re under no legal obligation to accept any unreasonable settlement offer.

Your lawyer will advise whether or not the offer is reasonable. Additionally, he or she will help you learn more about what declining the offer means to your case and your legal options. Indeed, an experienced car accident lawyer is your best shot at getting the amount of financial compensation you deserve.

What our Lawyers can do

The Toronto car accident lawyers at Joshua Goldberg Law understand the car accident law and how it applies to your case. Here is what we can do for personal injury victims of serious car accidents in Toronto.

Assess your Case

Experienced personal injury lawyers can analyze your case critically and carefully assess the circumstances and facts surrounding your case. They’re trained to listen, assess information, discern all pertinent details, and determine whether or not a victim of a car accident has a valid claim.

Indeed, they leverage their in-depth understanding of the justice system and provide insights into the potential success of an injury claim. This case evaluation process happens during the initial consultation. Remember, this is a free consultation session during which our Toronto car accident lawyers will listen to your side of the story. They will review your evidence and assess your case accurately.

Investigate the Facts

Your case assessment (during the free consultation session) allows our Toronto car accident lawyers to identify areas that need fortification to improve your claim’s credibility. The lawyers will investigate the facts and circumstances surrounding your car accident. This will help establish how the incident happened, who was to blame, and the nature and extent of the resulting damage.

The process of information gathering may involve the acquisition of the vehicle accident report, review of photographic evidence, interviewing witnesses, and working with other experts, such as an expert in accident scene reconstruction. The Toronto car accident lawyers will also obtain all necessary medical records and retain the right experts to assess your damages and evaluate your need for further treatment.

File a Personal Injury Claim

It’s in your best interests to consult a Toronto car accident lawyer soon after your car accident in order to start the process of building a strong claim. Ontario province has strict time limits and deadlines that your claim must meet. If you don’t meet these deadlines, you risk disqualifications or delays in receiving your accident benefits.

The entire process of filing a claim is complex, often riddled with legal jargon, time-consuming fact-gathering tasks, and sometimes requests that may seem unsurmountable to the claimant. Our Toronto car accident lawyers are knowledgeable enough to navigate this complexity and ensure every step you take aligns with all legal procedures.

Skilled personal injury lawyers are aware that you have up to two years to file a personal injury claim in Ontario. Failing to meet this deadline can lead to forfeiture of your right to seek compensation through a personal injury claim. Your car accident lawyer will ensure your personal injury lawsuit is supported by carefully documented facts and file your car accident claim early enough.

Negotiate a Reasonable Settlement Offer

The Toronto car accident lawyers at Joshua Goldberg Law understand different negotiation strategies and can ensure you get the amount of compensation you are legally entitled to. Our legal professionals are experienced and trained to counter unreasonable settlement offers and challenge the tactics that insurers use to reduce or invalidate personal injury lawsuits or claims.

If your insurance company isn’t willing to make a reasonable offer or simply doesn’t want to settle the claim, your personal injury lawsuit may go to trial. At this point, you need a dedicated and highly experienced lawyer. Luckily, our Toronto car accident lawyers can advocate on your behalf and ensure your rights are protected. This way, the judge or jury may award the amount of compensation you legally deserve.

Accident victims in Toronto are entitled to financial compensation under the Statutory Accident Benefits Schedule. Part 2 of the SABS focuses on non-earner benefits, income replacement, and caregiver benefits. If the victim of an accident meets certain criteria, these benefits are paid weekly.

Income Replacement Benefits

Suppose you were working at the time of a car accident and are unable to resume work due to injuries associated with the accident. In that case, you may qualify for income replacement benefit payments of 70 percent of your lost income. The maximum payout per week is $400 for up to 104 weeks. The weekly limit can stretch up to $1,000, depending on the details of your insurance policy.

Suppose your inability to work lasts more than 104 weeks. In that case, you will need to prove that you suffer a complete inability to reasonably perform any occupation or engage in self-employment for which you are suited by experience, training, or education.

Non-earner Benefits

If you were unemployed at the time of the car accident, you may be eligible for the non-earner benefits. The test for these benefits is stringent. To be eligible for the non-earner benefits, you must have suffered a complete inability to lead a normal life. This requires a thorough assessment of your pre-accident and post-accident abilities.

Medical and Rehab Benefits

The nature and extent of the injuries you sustain during a vehicle accident will determine your eligibility for medical and rehabilitation benefits. If these injuries fall under the minor injury guidelines, you may be eligible for up to $3,500. This can help cover your medical bills and rehabilitation expenses.

If the injuries are not minor but cannot be classified as catastrophic injuries, you may qualify for medical and rehabilitation benefits of up to $50,000. Note that you can qualify for a higher amount of these benefits if you suffer serious injuries. According to Part 4 of SABS, students who suffer injuries that prevent them from completing their programs may be eligible for lost education expenses of up to $15,000.

Expenses of Visitors

This category of accident benefits is found under Part 4 of the SABS. It covers all eligible costs incurred by the visiting spouse, child, brother, parent, sister, grandchild, or grandparent in connection with your treatment for injuries associated with a motor vehicle accident. There’s no limit to the amount you can claim under the visitor’s benefits. However, it has to be a reasonable amount and covers the first two years of disability following a severe injury.

Caregiver Benefits

As a caregiver, you may qualify for up to $250 weekly in compassionate care benefits for the first dependent and up to $50 for each individual in the household where you were the main caregiver before you suffered injuries. These benefits are payable for 15 weeks. This benefits payment period can be extended if the dependent cannot carry on with normal duties.

Generally, the caregiver benefit compensates the victims of motor vehicle accidents who cannot resume the non-paying caregiving role that they held at the time of the accident. Following the Sept 1st, 2010 legislative changes, caregiver benefits are not available unless it’s purchased as an optional aspect of your policy or the injuries sustained are catastrophic. Unfortunately, very few Ontarians are entitled to these accident benefits.

Rehabilitation, Medical, and Attendant Care Benefits

According to Part 3 of SABS, victims of accidents may be eligible for medical, rehabilitation, and attendant care benefits. The latter is only available if the injuries sustained fall outside of the minor injury guidelines.

Death & Funeral Benefits

In the unfortunate event that a victim of a car accident dies, the funeral benefit will pay a maximum of $6,000 for the victim’s funeral-related expenses. Note that the death and funeral benefits may be available to the surviving dependents of the accident victim.

In some situations, the deceased’s spouse may get up to $25,000 in death and funeral benefits. Other dependents may be eligible for $10,000 or higher depending on the insurance policy that the deceased purchased.

Housekeeping and other Home Maintenance Benefits

You may qualify for up to $100 weekly in housekeeping and home maintenance benefits, depending on your policy coverage. This weekly payment reimburses you for housekeeping and home maintenance services. Remember, this benefit is only available to those who suffered a catastrophic injury or purchased it as an optional benefit.

As a victim of a car accident, you must notify your insurer of the accident that caused your injuries and your intent to file an accident benefits claim. Next, submit a carefully completed accident benefits application to your insurance policy provider within 30 days. You should also inform the allegedly negligent party of your intent to file a lawsuit 120 days from the time of the accident.

Your car accident lawyer will provide the legal counsel you need to decide whether to file a tort or accident benefits claim.

Tort Claim

As mentioned previously, the accident benefits under the SABS framework ensure financial support following a car accident. However, sometimes, the amount available under these benefits may not cover all the losses you incurred and injuries you may have suffered due to the accused’s negligence. In such a situation, your personal injury lawyer may recommend filing a tort claim against the at-fault driver.

There are two tort claim categories depending on the intent. If your tortfeasor harmed you on purpose, that’s considered a tort claim with intention. Considering there’s an element of intent behind this claim, it is considered worse, and sometimes the offender might be charged under the criminal code.

What if someone caused you harm, not because they wanted to, but they were negligent? Just think about it; all road users are required to follow specific rules and adhere to certain standards. If a driver doesn’t follow these regulations and as a result, someone gets hurt, the negligent driver may face an unintentional tort claim.

If you decide to file a tort claim, you must follow a specific process. The first step involves filing a statement of claim. This is a document that outlines your intent to submit a tort claim against the alleged negligent party. Between the time your claim officially starts and as it progresses, lawyers from both sides must make interim applications. This requires them to submit a request to a court to facilitate alternative dispute resolution options.

Accident Benefits Claim

According to the SABS framework, victims of accidents with auto insurance policies may be eligible for accident benefits regardless of who was responsible for the accident. These benefits provide immediate financial help to the insured. This ensures the victims of accidents get the necessary medical treatment, rehabilitation care, and support they need during their recovery period.

If you intend to apply for accident benefits in Toronto, first consult your lawyer. Sure, your claim adjuster will offer the entire accident benefit application package. However, this package comprises five, detailed forms that must be carefully and accurately filled. Your car accident lawyer can help fill out the following forms and ensure you avoid mistakes that could lead to claim denial.

• OCF-1: The accidents benefits application form
• OCf-23: Your medical treatment confirmation form
• OCF-5: The permission to disclose health information
• OCF-3: A disability certificate
• OCF-2: Your employer’s confirmation of your income

Once you submit all the accident benefits application forms, your insurer will review them and inform you of the benefits you qualify for. Remember, having an experienced personal injury lawyer help you handle the entire claim application process ensures you submit error-free forms with detailed information. This can increase your chances of getting the amount of compensation you are entitled to.

Choose the Right Claim

While there are different personal injury claims, they all have the same goal – to help the victims of motor vehicle accidents get fair compensation for the injuries and other damages they suffered. It’s recommended to work with your car accident lawyer and assess the following factors to determine the right claim to file.

Nature and Extent of the Injuries Suffered

The type and severity of the injuries you suffered will influence the type of claim you file. For example, a workplace injury claim is different from a medical malpractice claim, a car accident claim, and a slip and fall accident claim.

Therefore, it’s important to understand the type of injuries you suffered and their long-term health implications before you start the claim process. Your personal injury lawyer can work with your doctor, insurance adjuster, and other professionals to carefully assess the impact of the damages associated with the car accident. This will make it possible to classify your claim appropriately.

Causes of the Injuries You Suffered

Identifying the primary cause of your injuries is crucial to accurate claim classification. Were your injuries caused by a dangerous working environment, someone’s negligence on the road, or a defective product? Based on the specific cause of your accident, your personal injury lawyer can recommend filing the correct claim type, including a product liability claim, negligence claim, or premises liability claim.

Generally, the process of determining whether or not you have a valid claim, classifying it, assessing the claim’s worth, and filing it can be complicated and time-consuming. Luckily, our personal injury lawyers have been handling car accident claims and other claim types for many years. Therefore, you can rely on our commitment, wealth of personal injury law knowledge, and many years of experience to ensure you get fair compensation.