Motor Vehicle Accident Claims
If you have been involved in a motor vehicle accident, you should seek expert legal guidance right away.
Fox Vanounou Porcelli LLP has over 35 years in combined experience with motor vehicle cases, including car accident claimsand injuries involving motorcycles, pedestrian accidents and cycling accidents. Our team is equipped with the skills, knowledge, and resources to advance claims on your behalf and ensure you are compensated for physical, emotional and/or financial injuries suffered as a result of your accident.
At Fox Vanounou Porcelli LLP, we understand car accident injuries may have detrimental impacts on your wellbeing beyond a physical injury, such as an impairment of your ability to work and a resulting loss of income, as well as emotional and financial implications for your family. As a result, our full-service firm ensures you receive the appropriate medical attention and/or counseling to aid in your recovery.
You are required, in a motor vehicle accident in Ontario, to apply for accident benefits. These benefits are paid by your insurance company, if you have automobile insurance.
In addition to determining entitlement to accident benefits, you may have a right to sue the driver that injured you. In the aftermath of your accident, you may be reluctant to file a personal injury lawsuit given the long-winded path to compensation. We understand how overwhelming the process may seem, especially when dealing with the pain and loss you have suffered from your accident. That’s why we focus on alleviating any and all stress related to fact gathering, court filings, settlement and trial processes so that you can focus on getting your life back on track.
The Legal Test:
In order to recover damages for non-pecuniary damages, also referred to as “pain and suffering,” you must sustain a permanent serious disfigurement; or permanent serious impairment of an important physical, mental or psychological function.
A person suffers from permanent serious impairment of an important physical, mental or psychological function if all of the following criteria are met:
- The impairment must,
- substantially interfere with the person’s ability to continue his or her regular or usual employment, despite reasonable efforts to accommodate the person’s impairment and the person’s reasonable efforts to use the accommodation to allow the person to continue employment,
- substantially interfere with the person’s ability to continue training for a career in a field in which the person was being trained before the incident, despite reasonable efforts to accommodate the person’s impairment and the person’s reasonable efforts to use the accommodation to allow the person to continue his or her career training, or
- substantially interfere with most of the usual activities of daily living, considering the person’s age.
There is a requirement that evidence be adduced that will support your claim for a permanent serious impairment of an important physical mental or psychological function. We will be required to adduce evidence of one or more physicians that explains,
- the nature of the impairment;
- the permanence of the impairment;
- the specific function that is impaired; and
- the importance of the specific function to the person.
The evidence of the physician will have to include a conclusion that the impairment is directly or indirectly sustained as the result of the accident.
Although the process may seem onerous, our top priority is shouldering the burden all legal work that takes away from time spent focusing on your recovery. We’re here to answer any questions you have along the way.
Once you have met the statutory threshold, there is still the application of a statutory deductible, which essentially reduces your damages. As of January 1, 2020 the statutory deductible for non-pecuniary damages, indexed for inflation, is $39,556.53 until December 31, 2020. For Family Law Act claimants, the deductible will be $19,778.27 until December 31, 2020. Thereafter, on January 1 of every year thereafter, those amounts will be indexed further. However, the deductibles will not apply for non-pecuniary damages, which exceed $131,854 for the injured party and $65,926.46 for Family Law Act claimants respectively. Again, these amounts will be indexed on January 1 of every year.
We recognize how unfair this deductible is for an innocent accident victim who has suffered enough losses already. We will fight to ensure you receive full and fair compensation, and prevent any further financial implications as a result of our unjust legal system.
You may claim a loss of income or a loss of earning capacity from bodily injury or death. You may not claim for the loss of income from the first 7 days following the accident and you may only claim up to 70% of your gross income up to the date of trial.
After trial you may claim 100% of your gross loss of income. As well, the damages to which you are entitled may be reduced by any collateral income benefits you receive.
Finally, you may claim out of pocket expenses such as housekeeping and handy man costs against the at fault party. However, such damages to which you are entitled may be reduced by collateral benefits received.
Let our firm help you on your road to recovery. We will handle all aspects of your motor vehicle accident claim, and ensure that our assembled network of medical and rehabilitation specialists fully evaluate your claim. Our goal is to obtain the highest settlements for our clients so you can live your life with dignity and without fear of the future.
Our long list of satisfied clients is a testament to our ability to deliver results. Our firm will ensure that all aspects of the claim are pursued fully in order for the victim and family to receive full compensation. While our focus is to settle your case without going to trial, your representation at Fox Vanounou Porcelli LLP will also advocate for your rights in court should the need arise.