Car accidents are common in Ottawa and affect a person in a different manner. Many times, the victim who has met with a car accident suffers severe injuries like chronic pain or psychological trauma. There are various compensation options available for victims. A car accident lawyer can help you with the same.
The first option is the no-fault accident benefit in which medical and rehabilitation benefits are included. No matter who is at fault, any victim can avail of this benefit. However, depending upon the severity of the injury, the compensation is given.
Another type of compensation is a tort claim in case of negligence. It is against the driver at fault. It involves compensation and benefits against the pain and sufferings.
Tort claim is confusing and complex, therefore, before commencing any process you should understand about the Tort Claim from an expert.
A tort claim is a kind of claim against the expenses which occurred due to the injuries which you faced in the car accident. This involves the wage loss or loss of opportunity to earn and, also includes the expense of suffering caused.
You can recover all the treatment expenses under a tort claim. It also includes wage loss claim and the expenses related to retraining, equipment for accommodating injuries.
Who can avail a Tort Claim?
If you are a victim of another person’s negligence, you can avail this claim.
The process to make a tort claim is as follows:
- You will need to submit a “Writ of Summons” with the court. This is a formal notice of intent to the driver at-fault and the driver’s insurance company. This should be done within 120 days of your car accident else you will lose the right to apply for a tort claim.
- Application for accident benefits should be filled in a complete manner.
- Once your claim is settled, you will not get any further assistance from the court. Therefore, it is advised to settle the claim until the time the victim will return to work.
- You should understand all the details of the claim to calculate the compensation amount. During claim settlement, ensure that you are getting the proper compensation. Match with the exact cases of your kind.
- You also need to submit proper documents like medical and financial disclosure, which clarifies your exact situation after an accident.
- It is also important to note that reimbursement of loss of income before trial is 20% less in comparison to the loss of income after trial.
- You should even ensure that before settling the claim, your injuries and their impact are properly investigated.
- Once the case gets settled, a cheque is given to you along with a release letter which you need to sign. After signing and accepting the cheque, you cannot claim any further amount in the future.
Hence, it is recommended to immediately consult a car accident lawyer after the accident.