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The world of personal injury law is a very complex, constantly evolving entity where change is inevitable where certain laws are concerned. One area that seems to be constantly changing is accident benefits claims. As a result, the world of the personal injury lawyer in Brantford and his or her legal teams are in a continual state of self-education in order to stay current with the laws at hand. So it goes with saying that these benefits are a tremendously dense and complex area of personal injury law.
There are those who contend that accident benefit rules and regulations have been designed to impose limits on an injury victim’s ability to recover what they have lost and that they tend to favor the large insurance companies. However, it is not a group of injury victims that is responsible for making and enforcing these laws, occasionally tweaking them from time to time. Instead it’s the insurance companies and their deep pockets, along with a handful of experts, who do so in order to satisfy political lobbyists. But enough for the political aspects of accident benefits claims.
Arbitrary Decisions to be Aware of
While the list is rather lengthy, the following are some of the more important decisions regarding accident benefits that have recently been imposed:
- A maximum of $400/week in standard auto insurance coverage for income replacement benefits which DO NOT reflect the past 15 years of inflation
- Claims that are not classified as catastrophic but are not minor either will have a maximum recovery of $50,000
- No monetary reimbursement for any injury victim that travels less than 50 km to visit their physician or healthcare provider
- Pain and suffering deductible increases to $36,500 from $30,000
- Soft tissue injuries that have been categorized under the guidelines for minor injuries will be eligible for no more than $3,500 maximum recovery
It would appear that the government just picked out random numbers when establishing these deductibles and maximum recoveries. But the bottom line is that an injury victim will have to rely on the experience and expertise of an injury lawyer and their teams of legal assistants in Brantford if they feel those amounts are not satisfactory. If you or a loved one is looking to get maximum compensation, seeking the assistance of an expert lawyer is necessary.
Over and above the information presented here, the biggest amendment or change is the eventual elimination of the FSCO (Financial Services Commission of Ontario) which is scheduled to happen on March 31st, 2016. After that point, all accident benefit claims will be handled by the LAT (License Appeal Tribunal), an organization that is already flush with other responsibilities. Unfortunately, there is a downside to this and that is the elimination of the injury victim’s ability to dispute their claim in court. This will also predicate the need for legal representation in some instances.