In the metropolitan cities like Toronto, it is imperative for people to understand the Legal rights arising out of injury sustained courtesy automobile accident. The idea of this write up is to provide a brief synopsis for the people of Toronto to understand the phenomena and rights to the victim of a car accident.
The compensation to the car accident generally involves various stake holders such as people involved in accident, insurance companies etc. The doctrine of Compensation in Toronto is further divided into two broad categories:
- Benefits Claims due to accidents
Automobile Accident Benefits Claims
Insurance is the prime source of security and in Toronto automobile insurance is based on “no-fault” system. Accident benefit is a broad term which encompasses all the affected parties suffering injuries due to automobile accidents. So the purpose of these benefits primarily aims at provision of security and compensation to all aggrieved parties which may include the driver, passenger or pedestrian. Although the benefits are aimed at providing compensation to all affected parties, however the actual cause of accident and determination of guilty party will always remain the main focus point.
However it is also pertinent to mention over here that affected party will effectively demand compensation from their respective insurance companies following the occurrence of accident within reasonable time period.
Lawsuits are generally considered as a last resort and are filed when the injured person is affected by the wrongful act of the other person. The party causing damages are sued to claim compensation against damages. The initial process involved in filing a lawsuit is the issuance of statement of claim within 2 years from the date of accident as per the provisions of Law in Toronto. The basic parameters to claim damages hinges around the two main reasons i.e. suffering and pain as well as loss of income as a result of injury. The affected victims of car accidents are vulnerable to severe physical and mental pressure and trauma. In order to claim compensation on the basis of accident, law in Toronto that injuries evaluates the extent and nature of injury. In general sense the injury is required to be permanent in nature and have the tendency to impart serious implications. The claim amount is only disbursed after certain fixed deductible.
The law in Toronto also allows ascertaining the potential income loss of injured party. The affected individual may become entitled to a predetermined percentage of their net after-tax income until the completion of trial.
Process of Settlement
Filing a lawsuit and its completion is generally a very lengthy process and may extend up to 3 years for settlement of claim. Therefore one should avoid rush while considering the lawsuit as a possible option of compensation. The process requires extensive treatment thus causing considerable delay. Inability to quickly estimate the amount of time involved for the patient also contribute towards delay. The doctors generally take more cautious approach while estimating the recovery time and extent of injury suffered. The prognosis of doctor is the main element in the claim proceedings.