FREQUENTLY ASKED QUESTIONS

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Frequently asked questions

Below are some answers to common questions many clients have initially. We hope that the information below addresses some of your initial concerns. However, if you do not find answers to your questions here, please contact us with your specific questions. We would be happy to answer them free of charge. There is no cost to speak to us about your case. All initial consultations with our legal professionals are no obligation and completely free of charge. Everything discussed is confidential.

How are legal fees paid?

We operate on a contingency fee basis. This means that we do not get paid until, and unless, we are successful in obtaining compensation for you.

We understand what you are going through and our payment model helps alleviate the financial hardship and stress associated with paying upfront for a lawyer.

Litigation is an expensive process that can involve thousands of dollars. We do not want to add to their burden so we do not ask our clients to provide any money up front. We will fully fund your case from start to finish.

Are there time limits which apply to my claim?

Yes. There are time limits which will restrict your right to claim compensation against the person who caused your injury. These time limits govern when and how you give the person notice that you intend to bring a claim and they govern when you need to actually file your claim with the courts. The time limits which apply to your case will depend on when and how you suffered your injury. You will need to consult a personal injury lawyer to determine which time limits apply to your case.

What can I claim for if I sue the person that caused the car accident?

Every case is unique and will have different results based upon the specific facts and the applicable law. However, if you have been injured in a car accident you may be able to recover compensation for pain and suffering; loss of past and future income; lost education; housekeeping and home maintenance expenses; future medical expenses; rehabilitation expenses; as well as out of pocket expenses which would not have been incurred had you not been injured in the collision. It is always best to contact a lawyer as soon as possible to ensure that you understand your rights and that they are protected.

How much will I get if I sue?

Every case is unique and the amount of compensation depends upon a detailed analysis of the facts and the applicable law. There are a variety of factors to consider in determining the value of a case including the extent and severity of your injuries, the cause of your injuries, as well as the extent to which your injures have impacted your ability to function at work and in your day to day life.

We would be pleased to speak with you to discuss all of the various aspects of your case to ensure you receive the best possible outcome. All initial consultations are free of charge and confidential.

What if the person who caused the accident has no insurance?

In Ontario, people hurt by uninsured motorists can look to their own insurance company to pay their car accident compensation. If you do not have insurance, then the Ontario government will pay your accident benefits and your personal injury compensation. In either case, you must commence a lawsuit in order to obtain injury compensation.

What if my injuries prevent me from working?

In the short term, you can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 70% of your gross loss of income up to a maximum of $400 per week. You may also be entitled to receive short term disability benefits and/or long term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer. Lastly, you may apply to Canada Pension Plan for a disability pension in certain circumstances. In addition to these benefits, you are entitled to claim for remaining loss of income in your lawsuit.

In the longer term, you can claim for loss of past and future income from the person who caused the accident.

How are legal fees paid?

We operate on a contingency fee basis. This means that we do not get paid until, and unless, we are successful in obtaining compensation for you.

We understand what you are going through and our payment model helps alleviate the financial hardship and stress associated with paying upfront for a lawyer.

Litigation is an expensive process that can involve thousands of dollars. We do not want to add to their burden so we do not ask our clients to provide any money up front. We will fully fund your case from start to finish.

What can I claim for if I sue the person that caused the motorcycle accident?

Every case is unique and will have different results based upon the specific facts and the applicable law. However, if you have been injured in a motorcycle accident you may be able to recover compensation for pain and suffering; loss of past and future income; lost education; housekeeping and home maintenance expenses; future medical expenses; rehabilitation expenses; as well as out of pocket expenses which would not have been incurred had you not been injured in the collision. It is always best to contact a lawyer as soon as possible to ensure that you understand your rights and that they are protected.

How much will I get if I sue?

Every case is unique and the amount of compensation depends upon a detailed analysis of the facts and the applicable law. There are a variety of factors to consider in determining the value of a case including the extent and severity of your injuries, the cause of your injuries, as well as the extent to which your injures have impacted your ability to function at work and in your day to day life.

We would be pleased to speak with you to discuss all of the various aspects of your case to ensure you receive the best possible outcome. All initial consultations are free of charge and confidential.

Are there time limits which apply to my claim?

Yes. There are time limits which will restrict your right to claim compensation against the person who caused your injury. These time limits govern when and how you give the person notice that you intend to bring a claim and they govern when you need to actually file your claim with the courts. The time limits which apply to your case will depend on when and how you suffered your injury. You will need to consult a personal injury lawyer to determine which time limits apply to your case.

What if my injuries prevent me from working?

In the short term, you can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 70% of your gross loss of income up to a maximum of $400 per week. You may also be entitled to receive short term disability benefits and/or long term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer. Lastly, you may apply to Canada Pension Plan for a disability pension in certain circumstances. In addition to these benefits, you are entitled to claim for remaining loss of income in your lawsuit.

In the longer term, you can claim for loss of past and future income from the person who caused the accident.

How are legal fees paid?

We operate on a contingency fee basis. This means that we do not get paid until, and unless, we are successful in obtaining compensation for you.

We understand what you are going through and our payment model helps alleviate the financial hardship and stress associated with paying upfront for a lawyer.

Litigation is an expensive process that can involve thousands of dollars. We do not want to add to their burden so we do not ask our clients to provide any money up front. We will fully fund your case from start to finish.

What can I claim for if I sue the person that caused the Bicycle accident?

Every case is unique and will have different results based upon the specific facts and the applicable law. However, if you have been injured in a bicycle accident you may be able to recover compensation for pain and suffering; loss of past and future income; lost education; housekeeping and home maintenance expenses; future medical expenses; rehabilitation expenses; as well as out of pocket expenses which would not have been incurred had you not been injured in the collision. It is always best to contact a lawyer as soon as possible to ensure that you understand your rights and that they are protected.

How much will I get if I sue?

Every case is unique and the amount of compensation depends upon a detailed analysis of the facts and the applicable law. There are a variety of factors to consider in determining the value of a case including the extent and severity of your injuries, the cause of your injuries, as well as the extent to which your injures have impacted your ability to function at work and in your day to day life.

We would be pleased to speak with you to discuss all of the various aspects of your case to ensure you receive the best possible outcome. All initial consultations are free of charge and confidential.

Are there time limits which apply to my claim?

Yes. There are time limits which will restrict your right to claim compensation against the person who caused your injury. These time limits govern when and how you give the person notice that you intend to bring a claim and they govern when you need to actually file your claim with the courts. The time limits which apply to your case will depend on when and how you suffered your injury. You will need to consult a personal injury lawyer to determine which time limits apply to your case.

What if I do not have insurance?

You are still entitled to receive benefits from the accident benefit insurance company or the Motor Vehicle Accident Claims Fund. In addition, you can start a lawsuit against the at fault driver.

You will also still be able to sue the driver and owner of the car that caused the accident.

What if my injuries prevent me from working?

In the short term, you can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 70% of your gross loss of income up to a maximum of $400 per week. You may also be entitled to receive short term disability benefits and/or long term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer. Lastly, you may apply to Canada Pension Plan for a disability pension in certain circumstances. In addition to these benefits, you are entitled to claim for remaining loss of income in your lawsuit.

In the longer term, you can claim for loss of past and future income from the person who caused the accident.

How are legal fees paid?

We operate on a contingency fee basis. This means that we do not get paid until, and unless, we are successful in obtaining compensation for you.

We understand what you are going through and our payment model helps alleviate the financial hardship and stress associated with paying upfront for a lawyer.

Litigation is an expensive process that can involve thousands of dollars. We do not want to add to their burden so we do not ask our clients to provide any money up front. We will fully fund your case from start to finish.

How much will I get if I sue?

Every case is unique and the amount of compensation depends upon a detailed analysis of the facts and the applicable law. There are a variety of factors to consider in determining the value of a case including the extent and severity of your injuries, the cause of your injuries, as well as the extent to which your injures have impacted your ability to function at work and in your day to day life.

We would be pleased to speak with you to discuss all of the various aspects of your case to ensure you receive the best possible outcome. All initial consultations are free of charge and confidential.

Are there time limits which apply to my claim?

Yes. There are time limits which will restrict your right to claim compensation against the person who caused your injury. These time limits govern when and how you give the person notice that you intend to bring a claim and they govern when you need to actually file your claim with the courts. The time limits which apply to your case will depend on when and how you suffered your injury. You will need to consult a personal injury lawyer to determine which time limits apply to your case.

What can I claim for if I sue the person that caused the Pedestrian accident?

Every case is unique and will have different results based upon the specific facts and the applicable law. However, if you have been injured in a pedestrian accident you may be able to recover compensation for pain and suffering; loss of past and future income; lost education; housekeeping and home maintenance expenses; future medical expenses; rehabilitation expenses; as well as out of pocket expenses which would not have been incurred had you not been injured in the collision. It is always best to contact a lawyer as soon as possible to ensure that you understand your rights and that they are protected.

What if I do not have insurance?

You are still entitled to receive benefits from the accident benefit insurance company or the Motor Vehicle Accident Claims Fund. In addition, you can start a lawsuit against the at fault driver.

You will also still be able to sue the driver and owner of the car that caused the accident.

What if my injuries prevent me from working?

In the short term, you can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 70% of your gross loss of income up to a maximum of $400 per week. You may also be entitled to receive short term disability benefits and/or long term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer. Lastly, you may apply to Canada Pension Plan for a disability pension in certain circumstances. In addition to these benefits, you are entitled to claim for remaining loss of income in your lawsuit.

In the longer term, you can claim for loss of past and future income from the person who caused the accident.

My Disability Insurer has denied my claim. What should I do?

If your disability insurer has denied your claim, you should consider consulting a lawyer. Insurance policies are quite complex and contain many terms and conditions which can be hard to understand. There can be a number of reasons why your disability insurer has denied your claim. Some common reasons include, having an incomplete application or lack of medical evidence to support your claim or for failing to be under the regular care of a physician.  

Are there time limits which apply to my claim?

Yes. There are time limits which will restrict your right to claim against your LTD Insurer. These time limits are generally set out in your insurance policy. You will need to consult a personal injury lawyer to determine which time limits apply to your case.

What is the difference between Short Term Disability (STD) and Long Term Disability (LTD) Benefits?

Short term disability benefits provide income support for a period of time as specified by the insurance policy. Generally STD benefits are first payable within a few days to a week after the onset of your disability and continue for anywhere from 15 to 52 weeks, depending on the terms of your specific STD policy.

Long term disability benefits become available the period where you received Short term disability benefits. In some cases the length of short-term disability benefit payments will covers the entire waiting period before long term disability benefits begin. Again, this will depend upon the specific wording in your short term disability policy. The length of payment of your long term disability benefits are generally until the age of 65. Entitlement to payment of long term disability benefits will depend upon the extent of your injuries and disability.

The amount of benefit paid for your short term STD and LTD benefits are calculated differently: STD benefits are calculated based on a percentage of your weekly salary, while LTD benefits are calculated based on a percentage of your monthly earnings. The taxability status may also be different for each type of benefit. STD benefits are not subject to a definition change after a set period of time, where LTD benefits are subject to a change of definition with respect to the test for “total disability”.

What does the term “total disability” mean in my long term disability policy?

Each long term disability policy will contain a specific definition for “total disability” and you should review your policy of have a lawyer review your policy to confirm the definition which applies in your specific case. However generally, long term disability policies define “total disability” in relation to your ability to perform the duties of your job. To qualify for long term disability benefits, you must prove that you meet your policy’s definition of “total disability”.  Generally someone will meet the test for a “total disability” if they are reasonably unable to work.

According to the Supreme Court of Canada (Paul Revere Life Insurance Co. v. Sucharov [1983] 2 SCR 541 1983 CanLII 168 (SCC) ):

The test of total disability is satisfied when the circumstances are such that a reasonable man would recognize that he should not engage in certain activity even though he literally is not physically unable to do so. In other words, total disability does not mean absolute physical inability to transact any kind of business pertaining to one’s occupation, but rather that there is a total disability if the insured’s injuries are such that common care and prudence require him to desist from his business or occupation in order to effectuate a cure; hence, if the condition of the insured is such that in order to effect a cure or prolongation of life, common care and prudence will require that he cease all work, he is totally disabled within the meaning of health or accident insurance policies. 

What is the difference between the “Own Occupation” and the “Any Occupation” periods in my long term disability policy?

Every long term disability policy provides for two periods for the payment of benefits. There are different tests for entitlement which apply to these different periods for payment of benefits.

The first period is commonly called the “own occupation” period of your long-term disability claim. The length of this period generally runs for two years from the initial date of entitlement. To be entitled to long term disability benefits during this period you much prove that as a result of your injuries (both physical and/or emotional psychological injuries) you are “totally disabled” and thereby unable to perform the regular duties of your job, i.e. your own occupation. 

The test for entitlement becomes much harder to meet during the “Any Occupation” period. During the “Any Occupation” period in order to qualify for long term disability benefits you much prove that as a result of your injuries (both physical and/or emotional psychological injuries) you are “totally disabled” and thereby unable to perform the regular duties of any occupation for which you are suited for by your previous education, training or experience, i.e. any occupation.

Am I allowed to change lawyers in the middle of a case?

Yes. You are allowed to choose the lawyer you would like to help you with your case. You are also permitted to change lawyers at any time. It is important that you have confidence in and feel comfortable with the lawyer helping you with your case.

How are legal fees paid?

We operate on a contingency fee basis. This means that we do not get paid until, and unless, we are successful in obtaining compensation for you.

We understand what you are going through and our payment model helps alleviate the financial hardship and stress associated with paying upfront for a lawyer.

Litigation is an expensive process that can involve thousands of dollars. We do not want to add to their burden so we do not ask our clients to provide any money up front. We will fully fund your case from start to finish.

Should I talk to the Insurance Company before I have consulted a lawyer?

No. You are only obligated to notify your insurance company that you have been involved in a car accident and that you have suffered injury. However any other discussions with any insurance company should take place after you have consulted with a lawyer and been advised of your rights. Insurance company representatives fully understand if you provide your lawyer’s name and telephone number and request that all initial discussions be with your lawyer who can make sure you receive the help you will require.

What types of compensation is available to me?

An injured person is entitled to recover compensation for their losses resulting from the injury. These losses fall into one of three categories of “damages”, being a. Loss of Enjoyment of Life (pain and suffering), b. Loss of Income / Earning Capacity; and c. Future Care Costs. Damages for loss of enjoyment of life compensate the injured person for the pain and upset which the injury causes. These damages also compensate the injured person for the loss of their ability to participate in their usual and enjoyed recreational activities. Losing the ability to play sports, socialize with friends and family and pursue a beloved hobby is significant. The courts will award damages to compensate the injured person for these losses. Loss of income / earning capacity damages compensate the injured person for the affect which the injury has on their ability to earn an income. For a person who is already part of the workforce, these damages focus on their loss of actual income and their loss of future income. Damages are also awarded to compensate the person for the income they could have expected to earn had they not been injured.

The courts also award damages compensating injured persons for the care costs they will incur. Care costs include the cost of obtaining the services of rehabilitation professionals like a physiotherapist, a psychologist or a case manager. Care costs also include goods which the injured person requires like a wheelchair or home and vehicle modifications to help improve accessibility. Care costs also compensate the injured person for the cost of an aide or attendant to help provide necessary hygiene care, supervision and to help replace the services around the home which the injured person, if healthy, would perform.

Are there time limits which apply to my claim?

Yes. There are time limits which will restrict your right to claim compensation against the person who caused your injury. These time limits govern when and how you give the person notice that you intend to bring a claim and they govern when you need to actually file your claim with the courts. The time limits which apply to your case will depend on when and how you suffered your injury. You will need to consult a personal injury lawyer to determine which time limits apply to your case.

How much will I get if I sue?

Every case is unique and the amount of compensation depends upon a detailed analysis of the facts and the applicable law. There are a variety of factors to consider in determining the value of a case including the extent and severity of your injuries, the cause of your injuries, as well as the extent to which your injures have impacted your ability to function at work and in your day to day life.

We would be pleased to speak with you to discuss all of the various aspects of your case to ensure you receive the best possible outcome. All initial consultations are free of charge and confidential.

How long will it take to resolve my case?

Lawsuits can be lengthy processes. While every case is different, in general it can take between one to two years to resolve a case. If your case goes to trial it may take longer than this. That being said, the vast majority of properly prepared cases settle at some point prior to a trial.

Generally, medical professionals need between 12 and 18 months after an accident to be in a position to give a prognosis which is an opinion on how your injuries will affect you in the future. It is prudent to wait until this time before considering resolving a case. The most important consideration is always ensuring that you are fairly and fully compensated for your injuries and losses.

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Schedule Your Case Review

We’re here to help. Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at (416) 780-1600

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Message Received!

We will be in touch as soon as possible.