When should I hire a motorcycle accident lawyer?
You can consult with a motorcycle accident lawyer as soon as you are involved in a motorcycle accident. However, remember that time is a significant factor since there is a set time limit.
We will go over your claim when we meet you and decide whether or not it is an excellent time to proceed. We do not charge any fees for the initial consultation, and we will ensure that we have all the necessary facts before proceeding and we will also be taking other steps on your behalf.
How long does it take to settle a motorcycle accident claim in Ontario?
There are Claims that can settle within weeks of an accident and others that are more suitable to resolve within years.
Many Claims do not have to “go to Court” or “sue the other driver”. They are resolved with the Insurance Company before this if the facts are determined and the parties are reasonable. This is often an outcome that is beneficial for both the injured party and the Insurer.
How much should I settle for getting hit by a motorcycle?
Every settlement for injuries sustained in a motorcycle accident is unique and different. There is no fixed settlement for getting involved in this type of accident. Working with an experienced lawyer will help you identify all the areas you can get compensated in and a reasonable assessment for your claim.
Should I hire a motorcycle accident lawyer for a minor accident?
There is no case law in Ontario that compensates an injured person based on how severe the collision was. Whether you have a minor or major motorcycle accident, it is important to consult with a lawyer. A minor accident may result in significant injuries. A major accident may not result in significant injuries. Each situation and each injured person is unique in this regard. It is worth it to contact a lawyer to see if you have a Claim. You have nothing to lose financially and it will provide the peace of mind for you to assess whether or not a Claim would be able to be advanced.
Your own automobile insurer may categorize your injury as “minor” and fall under what is called the “minor injury guidelines “ – MIG for short. A “minor” injury may or not be minor in the realm of whether or not to retain a Lawyer. The Insurer may have made an error in the classification of the nature of your injury. A minor injury may still have a significant impact on the health and well being of your own personal functioning.
What is the No Fault System for a Motorcycle Accident in Ontario?
Essentially, the No-Fault System in Ontario means that if you are injured from the accident, you will file a claim to receive accident benefits from your insurance whether you are at fault or not. Your insurer will then contact you and provide you with the needed paperwork that should be completed. This includes:
- An Application Form
- Disability Certificate
- Employer’ Confirmation of Income
- And potential more
Can I sue the other driver if I am injured in a motor vehicle accident?
A Claim may be advanced in cases where the accident is the fault of someone other than the injured person. An injured person may be able to sue the responsible party for financial losses for not being able to work along with non-pecuniary losses for the loss of enjoyment of life and pain and suffering.
What happens if I get hit by a motorcycle? Can I sue as a pedestrian?
Suppose you are a pedestrian and have no insurance. You can claim with the motorcycle driver’s insurer. When you file this claim, some of the benefits available to you include medical rehabilitation, non-earner, and income replacement.
Do Passengers Have a Claim in an MVA?
Passengers are entitled to a claim if injured in an accident. A Passenger is able to claim against the at fault driver or a claim if their own driver is to be determined to be at fault. The driver’s insurance company will then respond in order to deal with the Claim.
A Passenger is able to make a Claim for Accident Benefits with an Application which results in the possibility of an Income Replacement Benefit or Non Earner Benefit to be paid if eligible. The Passenger is also able to obtain therapy benefits as may be reasonable and necessary in order to assist with recovery.
Motorcycle Accident Basics
Thousands of individuals are often injured every year in Ontario in motorcycle accidents, including in Amherstburg. Being involved in a motorcycle accident can alter your life for an extended period. Choosing the right motorcycle accident lawyer when you are involved in a motorcycle accident ensures you are aware of your rights and can move on with your life on your terms.
Crucial Mistakes to Avoid
- Admitting fault
- Not seeking medical care
- Failing to collect evidence
- Failing to report the accident
Common Motorcycle Accident Injuries
The injuries that are commonly associated with motorcycle accidents include:
- Depression and anxiety
- Head injuries
- Spinal cord and back injuries
- Soft tissue injuries
- Broken bones
- Whiplash or neck injury
Common Motorcycle Accidents
- Improperly maintained roads
- Contact with debris on the roadway
- Collisions with pedestrians
- Collision with cars
- Collision with other motorcycles
Motorcycle Accident Claims Time Limit in Amherstburg
The regulations guiding the commencement of actions in Ontario have a required time limit to give your insurer a notice and the at-fault driver.
Ontario has a period limitation where you have to start the claim against the at-fault driver and your insurance. Generally, this period runs for two years from the time of the accident. However, you may still file your claim outside the two-year window frame if you can show that you were unaware that the nature of your injury would be ongoing or permanent until after this period.
This can be triggered after you find out about your permanent injury from visiting your healthcare provider, getting a CAT scan or MRI result that shows your injury will be permanent. If this happens after two years, your claim may still be valid, and you can start the court process.
You must consult a lawyer to determine if you qualify for a valid claim to start once you know that the accident has resulted in a significant impairment to a family member, friend, or yourself.
Possible Options for Compensation
If you sustain injuries from a motorcycle accident in Amherstburg, Ontario, there are several potential compensation sources.
Statutory Accidents Benefits
These often apply to motorcycle accidents similarly to if you were in a car accident. Whether you are at fault for the accident or not, apply to your motorcycle insurer for no-fault benefits. This includes medical rehabilitation benefits if you require therapy and recovery of income replacement benefits if you work.
Suppose you are not at fault for the accident. In that case, you can have a claim against the at-fault driver. This is referred to as your tort claim since you will be recovering damages for the injuries you will have sustained plus the out-of-pocket costs that your insurer would not have covered and income losses.
Below are some things that a tort claim can offer compensation for.
- Home maintenance expenses
- Medical and rehabilitation expenses
- Economic compromise
- Income loss
- Loss of enjoyment of life
- Pain and suffering
Family Law Act Claim
Suppose your family member is seriously injured or dies in a motorcycle accident. You and your family can advance a family law claim for the loss of your guidance, companionship, and care from the injury or death of your loved one.