Recovering the losses you sustain as a result of an auto accident can be a complex legal endeavor requiring several claims against multiple parties. For this reason, it is advisable to work with local legal counsel when attempting to recover damages after a Barrie car accident. The steadfast legal team at Rastin Law could be an invaluable ally in obtaining maximum compensation from insurance companies and other liable parties in your case.
After being involved in an auto collision, it is crucial to file a claim through your own insurance company for no-fault benefits and income replacement benefits, or non-earner benefits if you are not working. You may also seek pecuniary damages for attendant care and medical and rehabilitation expenses from your coverage provider. In Ontario, a pecuniary damage is anything with a set dollar value that you lose as a result of an accident.
Otherwise, you are entitled to advance a claim against the at-fault driver for all lost wages stemming from a car accident, as well as any medical and rehabilitation expenses which are not covered by your no-fault insurance. You may also pursue any out-of-pocket expenses you are forced to spend for things like medication, assistive devices, and even hiring extra labor to help your business stay afloat after a collision.
You can also sue the negligent motorist for general non-pecuniary damages, which typically include pain and suffering and loss of enjoyment of life. You can also pursue compensation for pain and suffering, and your family members are entitled to advance a claim for the loss of care, guidance, and companionship suffered in the aftermath of your motor vehicle accident.
While non-pecuniary damages in Barrie car accident cases are typically decided by juries, there is a cap on general damages in Canada. That cap was $100,000 in 1979, but with inflation, it is now about $370,000.
There have been a number of attempts to set aside the cap on non-pecuniary damages, and they have been mostly unsuccessful. A recent case law suggests that the non-pecuniary cap might be open to be examined again, thereby acknowledging that there is room for improvement.
The other way to gain access to more money is to look at finding other parties to sue. In some circumstances, if you have more insurance than the motorist who hit you, you can add your own insurance company as a party to the case. You may also add municipal authorities as a party. The easiest way to increase the pool of available money might be to find additional at-fault parties that have their own policies and insurance to access.
To advance a claim for general damages, you have to prove to a judge that you sustained a serious and permanent impairment of one or more physical, mental, or psychological functions. This is called the severity threshold, and once you have established that you meet it, the jury will compare your damages to the worst-case scenario. Specifically, they will determine a fair amount of damages based on your injuries compared to those that would be at the cap.
Punitive damages in Barrie car crash cases are rare and are typically only awarded for wanton, reckless, and high-handed behavior. If the defendant driver in your case exhibited this type of behaviour, our team of elite trial lawyers could help prove that punitive damages are warranted to punish the at-fault motorist.
Our legal team could help preserve the evidence in your case and make sure you take the necessary steps to get your no-fault accident benefits claim started. We could also ensure that you are seeing the right medical experts who are going to treat you fairly as opposed to visiting doctors and medical professionals chosen by insurance companies that do not have your best interests at heart. Let us help you get your claim off on the right foot.
An elite trial lawyer from our firm could help you submit your claim for accident benefits, put the at fault-driver on notice, collect the evidence, hire a forensic engineer to build your liability case, hire accountants to build your economic loss case, and represent you throughout the litigation process. Call Rastin Law today to learn more about how recoverable damages are determined after a Barrie car accident.