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Alf Kwinter will be teaching at the Trial Practice Course at Osgoode Hall Law School
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Every Tuesday this fall
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Alf Kwinter will co-chair the Advocates’ Society's education program
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Date: April 17, 2009
Topic: Advanced Litigation Skills Certificate Program:
The Judges Respond
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Alf Kwinter will be Supervisor and/or Judge for University of Toronto Faculty of Law Year Moot-2009.
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Date: February 2-13, 2009
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Alf Kwinter will be co-chairing 2009 Court House Series.
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Date: February 2009
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"Spoliation" article by
Shane Katz.
For more information
Click Here |
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Punitive and Aggravated Damage Awards in Disability Claims
by Alf Kwinter.
For more information
Click Here |
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In Ontario, if you have been injured in a car accident, you may be entitled to make a claim for your pain and suffering as well as income loss and other incurred expenses. The law in Ontario relating to car accidents has changed 4 times in the last 10 years and is quite complicated. Fortunately, Singer, Kwinter has been representing car accident victims for almost 30 years and can explain and guide you through the process.
In Ontario there are ordinarily two types of claims that injured car accident victims can make:
- Accident Benefits Claims which are also called NO FAULT CLAIMS
- Tort Claims which are also called third party or AT FAULT CLAIMS
Disclaimer:
The information set out below is intended to provide general information only. Every person's situation is unique and must be individually evaluated. As well, if you live outside of Ontario your provincial or territorial legislation will be different from that inside Ontario, although it may not differ greatly, it does affect your claim.
In every case, whether you live in or out of Ontario, you should consult an experienced lawyer who is fully informed about your circumstances and not act solely on the information set out here.
All drivers, passengers and pedestrians are entitled to claim for accident benefits if they are injured in a motor vehicle accident. It does not matter who was at fault for the accident or whether you have your own insurance.
The following is a summary of benefits that you MAY BE eligible to receive
Income Replacement Benefits (First 2 years)
This benefit compensates the insured person for lost income up to $400.00/week
if any injury resulting from an automobile accident prevents you from working at your own occupation. This benefit is available for up to 104 weeks of payment (2 years) and is based on 80% of net employment income. Self-employed individuals may receive 80% of actual income loss and/or up to 80% of losses to a combined maximum of $400.00. No benefit is payable for the first week following the accident. Some policies allow for high amounts of weekly benefits.
Income Replacement Benefits (After 2 years)
This benefit will continue after 104 weeks of payments, only if your injuries prevent you from the pursuit of any occupation for which you are reasonably suited by education, training or experience.
Benefit for Non Earners
If you were not employed, or do not meet the expanded definition of "employed" under the policy, and suffer a complete inability to carry on a normal life, you may be eligible to receive a non-earner benefit of $185.00/week, following a 6 month waiting period.
Students who are unable to continue their education may be reimbursed for actual expenses incurred before the accident of up to $15,000.00 for lost tuition, books, and room and board. Students over 16 may also qualify for the $185.00 weekly non-earners benefit. After 2 years or 104 weeks of payments, the payment increases to $320.00/week.
Caregiver Benefits
Caregivers who are unable to engage in their caregiving activities may be reimbursed for additional incurred expenses of up to $250.00/week plus $50.00/week for each additional dependant.
Attendant Care
This benefit compensates insured persons for the expense of an aide or attendant. Unless your policy has an enhanced level of coverage, or your injuries are deemed to be catastrophic, you have up to $3,000.00/month available for incurred expenses, for a period of up to 2 years ($72,000.00 maximum). If you are deemed to have suffered catastrophic injuries, you may be eligible for up to $6,000.00/month during your lifetime to a maximum of $1,000,000.00.
Medical and Rehabilitation Expenses
This benefit pays for medical expenses required as a result of an automobile accident injury. These are expenses that are not covered by any other medical plan, such as your provincial health insurance or supplementary medical expense recovery plans available through your employer or another family member's employer's plan from which you are entitled to coverage. The maximum amount available for expenses incurred over a period of 10 years (or 25 years minus your age, which ever is greater) after the accident is $100,000.00, unless your policy has enhanced coverage. If your injuries are deemed to be catastrophic, the maximum coverage available for such expenses, during your lifetime, is $1,000,000.00.
Specifically, within this particular coverage, is a provision for recovery of reasonable transportation expenses, to and from treatment necessitated by your accident-related injuries. Please note that each return trip is subject to a 50-kilometer deductible.
Other Expenses
Coverage is available for certain individual's reasonable expenses in visiting you during treatment recovery.
You may also be eligible to claim for any additional expenses you must incur for home maintenance and housekeeping activities that you performed prior to the accident for the period that you can not complete these activities, as a result of your injuries. The maximum amount available under this coverage for additional expenses you must incur as a result of your injuries is $100.00/week for a period of 2 years.
There is also limited coverage for the cost of repairing or replacing personal items lost or damaged in the accident, with some restrictions.
Unfortunately the government and insurers have created a system that is very paper intensive and complicated for those who are applying for benefits and contesting denials. Singer, Kwinter can help. Singer, Kwinter has the experience to guide you through the process and provide you with the information you need to make informed decisions.
In order to recover money for pain and suffering (also called general damages) in most motor vehicle accident claims you need to have sustained "serious and permanent" injuries. The Courts have interpreted this to mean that your injuries must be long-lasting and affect your ability to work or do your normal activities of life.
There is also a large deductible of $30,000.00 for claims for pain and suffering in many cases. At Singer, Kwinter their team of experienced lawyers will assist you in determining whether you will meet these requirements. Singer, Kwinter will fight for your right to fair compensation.
If you or someone you know has been injured in an accident or has been faced with a denial by an insurance company, contact Singer, Kwinter and schedule your FREE INITIAL CONSULTATION.
Call 1.866.285.6927
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Disclaimer: Content on this page is strictly for information purposes only and should not be construed as legal advice.
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