Motor Vehicle Accidents

Motor Vehicle Accidents, or more commonly car accidents, occur everyday. Almost every driver of a car has or will at one time or another be involved in a car accident. It may be serious with catastrophic injury or death resulting to one or more of the drivers, occupants or pedestrians involved (that's called a fatal accident).

It may also be a simple minor "fender bender" where thankfully noone involved is hurt (just the vehicles involved sustain physical "property" damage).

Or a car accident often may involve injury to a car occupant or pedestrian that isn't catastrophic in severity. These may be serious injuries such as broken bones. Urgent medical attention is often required. And then there are "soft tissue" injuries where while no bones may be broken, still the injuries are very painful and prevent victims from carrying on with normal daily activities. Victims are often unable to work, unable to maintain their daily living schedules, unable to look after their homes and often unable to enjoy their lives for a short or sometimes a much longer period of time.

Car accidents often involve the issue of fault. Did this driver's "bad driving" cause the accident, or did the other driver cause it? Or indeed was it a combination of both drivers being to blame? Or yet again perhaps the accident happened because the roadway was defective or there was a mechanical problem with a vehicle.

All of these issues enter into a determination of what kind of financial compensation is available to any victim of a car accident. Who caused the accident? And to what extent did he or she cause it? Blame can be calculated in percentage terms, for example that driver was 75% responsible and the other driver was only 25% responsible.

So how serious the injury suffered can determine the amount of money an injury victim will receive to compensate him or her for the suffering. But also the level of blame for the accident taking place affects how much of that compensation a driver must contribute (and that is generally paid by that driver's insurance company).

But there are other complicating factors. These include time limits for filing an injury claim, requirements in certain provinces of a degree of seriousness of an injury before any claim for compensation for an injury can be made (that is known as a claim for compensation for "pain and suffering" damages or "general damages") and certain automatic benefits (statutory or accident benefits by name) that anyone injured in a car accident may be entitled to, even if that person was the driver found to be the entire cause of the accident in the first place.

Most Personal Injury lawyers will advise their clients to contact them as soon as possible following an accident. That way the advice a victim of a car accident needs can be given early on. And there are defined time limits for making different types of claims resulting from a car accident which often are strictly observed. So sometimes a victim of a car accident who may otherwise have real claims and entitlements loses out on receiving those cash entitlements because they simply didn't receive the advice they needed in a timely manner.

It is always a good idea to get the information available from an experienced Personal Injury lawyer as early as possible to avoid losing out in this way.

Then there may be the important issue of a person who has injuries resulting in an inability to continue their work and recovering the lost income that results. Some of that may be recoverable under the insurance policy for the vehicle the victim was in as a statutory accident benefit regardless of who may be to blame for the accident. It depends on the province and the laws that apply in that province. Some of that income loss may be claimed from the driver who is to blame for the car accident.

And often the calculation of a victim's income loss and the income loss he or she will suffer as time passes is difficult to determine. In those cases experts are often consulted to make these complicated calculations.

There are also many issues relating to medical treatment, physiotherapy and other therapies required to deal with a victim's particular type of injury. Some of the cost for those treatments may be covered automatically by statutory accident benefits regardless of blame for the accident while other expenses must be collected from the driver who is to blame for the accident.

So the most common type of accident that causes injury and gives rise to claims for different kinds of compensation, a car accident, is also the most complicated.

It's quite apparent that people need help with these matters from skilled experts to recover as they should both for themselves and for their family members. We encourage anyone who suffers injury in a car accident to consult at the earliest opportunity with an experienced trained and qualified Personal Injury lawyer. Our local lawyer is such a person and with a free initial consultation that is provided we believe you will be well-served by initiating contact.

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