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Ontario’s government offers support to residents that become involved in a motor vehicle accident. New residents should take the time to learn about the Province’s supportive services.
Ontario has a no-fault system.
That means that all of the insurance companies of the involved drivers must contribute to the victims’ medical costs, regardless of who was at-fault. The fault of the responsible driver must be agreed to by that same driver’s insurance company. Moreover, that insurer has an obligation to pay the requested compensation.
To what extent are medical expenses covered by the no-fault system?
A claimant can receive a maximum of $3,500 for minor injuries. That amount needs to cover the medical expenses, the costs of rehabilitation and the cost of attendant care. As coverage for non-catastrophic injuries, a claimant cannot receive more than $65,000. Claimants with catastrophic injuries should not expect more than $1,000,000.
Limits of government-sponsored coverage
That limited coverage does not always cover all of the medical expenses associated with a given claimant’s injuries. Furthermore, that limited coverage does not penalize reckless drivers. In order to obtain greater coverage, or to penalize a reckless driver, a claimant must file a tort claim.
Sources of funds for those injured in a car accident
Money for hospital care comes from the Ontario Health Insurance Plan (OHIP). No-fault insurance covers the medical costs not covered by OHIP.
Funds that can cover the cost of rehabilitation services come from the Ministry of Health Long Term Care.
Money for the expenses that the Province views a “reasonable” does not always cover all of the costs. In order to pay for the additional expenses, a claimant needs to get hold of an attorney and file a personal injury claim.
How do lawyers help their clients win their personal injury claims?
Although there is a limit on what a claimant can request for pain and suffering, there is no limit on the size of the compensation for things like income replacement and coverage of housekeeping expenses. A good Personal Injury Lawyer in Hamilton can argue for an increased amount of money, in order to achieve a complete income replacement, or in order to obtain a suitable reimbursement for housekeeping expenses.
In fact, the court awaits the presentation of such an argument. The judge presiding at a given court recognizes the inadequacy of the money that has been granted by the Provincial government. Legally, the same judge has only one way by which to compensate the plaintiff in a fair manner.
That one way calls for utilization of evidence that highlights the full extent of the claimant’s injuries. Following presentation of that evidence, the court feels reluctant to deny the request that has come from the plaintiff’s legal team.