Car accidents and other motor vehicle accidents are an unavoidable reality of our daily life and most people are often completely unprepared when they happen. According to the most recent Ontario Road Safety Annual Report almost 50,000 people were injured in Ontario last year. We believe that victims of all types of motor vehicle accidents deserve the absolute best representation, but they also deserve to be represented by lawyers who understand them and support them throughout their recovery. That is exactly what we do at Gosai Law. We provide the highly skilled legal representation you need with a high level of compassion for your suffering. You are not just another file at Gosai Law you are an extension of our family and that is why we will fight harder than most to get you all the compensation and services you deserve.
Whether you have had a catastrophic injury or you are suffering from chronic pain, the accident lawyers at Gosai Law will put you at ease the moment you step through our doors. We have many years of experience and the correct wealth of knowledge to effectively fight for your rights. We represent our clients with vigour and a fearless resolve. Unlike other firms, we are not afraid of courtrooms, your case will be fought hard and will be taken to the highest possible level if needed.
The claim process for an accident in Ontario can be separated into two parts. An Accident Benefit claim and a Tort claim.
Accident Benefits are a set amount of funds available to anyone who has been involved in an accident regardless of fault. These benefits are usually available through your own insurer and are meant to help with the costs you may have to incur immediately after the injury. The following types of of benefits are most commonly covered under accident benefits by insurance companies;
- Income Replacement benefits (up to $400 per week)
- Non-Earner benefits (up to $185 per week)
- Caregiver benefits
- Medical and Rehabilitation benefits (up to $50,000)
- Attendant Care benefits
- Housekeeping benefits
- Education benefits
- Prescription Drug benefits
- Visitation and travel expenses for family
- Funeral and Death Benefits
The Accident Benefits procedure involves a few critical steps that must be followed. The Application for Accident Benefits must be filed within 7 days of the accident, the Accident Benefits Application Package has to be submitted within 30 days of the accident and the person being sued has to be notified within 120 days of the accident. There are many other details that need to be handled skillfully during an accident benefits claim. Our lawyers and paralegals will far exceed your expectations when negotiating your accident benefits claim.
A tort claim is also known as a law suit. As the victim you have the right to sue the person who was negligent or at fault in the accident. It is important to remember that a court action must begin within 2 years of the date of the accident and you must prove two things; a) that you were not at fault, b) the extent of your injuries. The following are samples of what you have the right to sue for;
- Pain and suffering
- Loss of enjoyment of life
- Past and future loss of income
- Loss of Income earning capacity and competitive advantage
- Future health care expenses
- Out of pocket expenses
- Loss of home maintenance capacity
- Loss of shared family income
In accordance with the Family Law Act, family members of the injured or deceased person can also sue the negligent party for loss of guidance, care and companionship. We understand that no amount of money will ever replace a loved one, but this is the only remedy a court has at its disposal.
At Gosai Law we are well connected to a large network of medical, rehabilitation and special care professionals as well as life care planners who will carefully analyze yours and your family’s future and present care needs. Here is a small sample of the types of injuries we have expertise in;
- Brain Injuries
- Permanent Disfigurement
- Chronic Pain and Fibromyalgia
- Brachial Plexus Injuries
- Spinal Cord Injuries
- Broken Bones
- Burn Injuries
Types of Motor Vehicles and Related Accidents
There are many types of motor vehicle accidents and each requires a unique and skillful approach to settlement. We will evaluate the intricacies of your case based on the type of vehicle you were injured in or by and skillfully design our settlement approach accordingly. Below is a sample of the types of vehicles we deal with and the types of accidents that relate to them.
Some of the most common types of car accidents are head on collisions, T-bone or side impact collisions, roll overs, multi-vehicle or pile up collisions, rear end collisions, hit and run, sideswipe collisions. Cars can also collide with trucks, motorcycles and any other types of vehicles that may be on the road.
Trucks and Buses
According to Transport Canada cars share the roads with about 750,000 trucks and over 15,000 buses and coaches. Driver fatigue, over loading, negligent operation and maintenance issues are the most common claims that arise when dealing with these types of vehicles. These vehicles mostly occupy the following major highways 400, 401, 403, 404, 407, 409, 410, The Gardiner, QEW and Don Valley Parkway.
All Terrain Vehicles
ATV’s are extremely popular in rural areas of Ontario both for work and recreational use. Unfortunately, many ATV users happen to be young adults, inexperienced users and do not use the correct safety equipment required by law. Gosai Law can help navigate the complex and nuanced nature of these claims.