When an accident takes place, the injured party’s entitlement to benefits varies depending on the circumstances of the individual case. However, it is not always possible to estimate exactly how much, in terms of benefits, an injured party is entitled to. Usually, the insurance companies try to downplay their client’s liability for claims which are settled outside the courtroom and minimize the compensation. Hence you may not get the benefits you are entitled to without proper legal advice. An attorney with experience in dealing with such claims will have a better idea of what steps you need to take in order to claim what is your entitlement.
Common injuries in a pedestrian accident
Car accidents involve monetary benefits that include medical expenses, lost wages and expenses for rehabilitation. The accident victim can sue the erring driver for an amount of money that he or she would have earned if they had not met with the accident and got injured. In some situations, victims can sue for emotional stress, pain, and suffering caused to them as a result of their injuries. Pecuniary damages have a quantifiable financial amount attached to them, like the cost of rehabilitation and treatment. Non-pecuniary damages are emotional damages that are hard to measure and not quantifiable, like loss of care, quality of life, guidance and companionship, pain, and suffering. Depending on the facts of each case, the victim may be entitled to both types of benefits.
Are you entitled to income replacement or caregiver benefits?
If a car accident results in your inability to attend to your job, you may be entitled to income replacement benefits. Such benefits are extended to injured parties who are unable to perform the essential tasks of their employment after the accident. However, before the benefits are awarded, the victim’s condition is analyzed thoroughly to ensure that there is a disability. Should the injury or accident result in a condition that requires specialized care, then you may need a full-time caregiver to assist you.
The cost of appointing a full-time caregiver can be overwhelming to the family. That is why the insurance companies offer caregiver benefits to the victim’s family. These benefits support the victim’s family with additional resources to pay for this service. Attendant care benefits are not the same as caregiver benefits. The general attendant assists with day-to-day activities like dressing, hygiene, and cooking.
Is the claim settlement taxable?
The CRA does not apply any tax on compensation received by car accident victims in Ontario but if you are receiving income from lost wages, they are taxable. Taxation will vary depending on the terms of the settlement. Do you need to hire a lawyer? The law does not require you to hire a lawyer. However, pursuing a tort, accident benefits claim on your own may be quite challenging and has its risks. Seeking the help of a lawyer can ensure that you get the help and settlement you deserve.
