Recovering from a car accident takes time. While relatively minor injuries like cuts, bruises, or soreness can take days or weeks to heal, severe injuries like broken bones can take much longer to resolve. For many people injured in auto accidents, recovering financially can even more challenging.
While mandatory insurance coverage provides for many of the expenses related to a crash, it is not uncommon for drivers to suffer other losses related to the accident. With the help of a driven personal injury lawyer, it could be possible to pursue a claim for non-pecuniary damages related to an auto collision. Let a Sudbury car accident lawyer guide you through the civil litigation process.
Common Types of Auto Accidents in Sudbury
Every kind of auto accident has its own risks and potential for injury. Rear-end crashes are the most common type of motor vehicle accident and occur when one car collides another from behind. Alternatively, head-on crashes involve the fronts of two vehicles colliding and frequently result in fatalities.
Another type of car accident that can have deadly consequences is known as a rollover. These crashes occur when a vehicle flips and rolls end over end before coming to a stop. Finally, side-impact accidents involve damage to the side of a vehicle. A lawyer in our area could pursue a car crash claim against the negligent driver and their insurance company on your behalf.
Potential Defendants in Local Vehicle Accident Cases
The potential defendants in a Sudbury vehicle accident lawsuit vary on a case-by-case basis. In many circumstances, the other driver involved in the crash is entirely responsible. However, other individuals and entities could also face liability for certain car crashes. For example, the manufacturer of a defective vehicle part could face liability if that defect results in a crash.
Even municipal, county, or provincial government entities could be responsible for a motor vehicle collision. When these government entities fail to maintain public roadways, they could face civil liability for any auto accidents that occur as a result.
It is important to note that there are special notice requirements for filing a lawsuit against a government entity. Many municipal governments require formal notice of a claimant’s intent to sue within 10 days of an accident. Likewise, a plaintiff must notify a provincial government of a potential car accident lawsuit within 60 days.
Understanding the Injury Threshold
Most of the financial compensation available after a motor vehicle accident comes from your no-fault auto insurance policy. Injured drivers can pursue compensation through this required coverage regardless of whether they were at fault for the accident. Unfortunately, insurance claims only offer certain types of recoverable damages (i.e., medical care and lost wages) but do not provide for non-pecuniary damages like pain and suffering.
Our legal team could pursue a car accident lawsuit against a negligent driver in Sudbury to recover damages which are not available through your no-fault auto insurance coverage. However, there are limitations on the right to file a tort claim. Specifically, you must be able to establish that you meet the minor injury threshold to obtain recovery through an auto collision lawsuit.
The law does not allow car crash victims to seek non-pecuniary losses through a lawsuit for minor injuries. Instead, you must meet Ontario’s severity threshold by showing that your injuries either resulted in serious disfigurement or led to severe impairment of your mental or physical functions. If you are uncertain about whether your injuries meet this standard, seek the guidance of a local motor vehicle accident lawyer prior to filing suit.
Let a Car Accident Lawyer in Sudbury Assist with Your Claim
If you recently sustained injuries in a car crash because of another driver’s negligence, you might be entitled to a monetary award. That said, there are strict limitations on pursuing a personal injury claim in Sudbury.
A Sudbury car accident lawyer at our firm could advise you on your legal options and assist you every step of the way. Give us a call today to schedule a confidential consultation with one of our team members.