Car Accident Lawyers in London, Ontario

Frequently Asked Questions

• Who do I sue if I’m injured in car accident?

  Our lawyers can help you determine whether you have a viable claim and we can identify the correct party to name in a lawsuit. There are several possible answers, including:

  • The first and most common party to sue in a lawsuit is the driver responsible for the collision. If you are one of the drivers involved in a two-vehicle collision, this generally means the other driver. If you are a passenger in a vehicle, it may be the driver of the vehicle you were in, the other vehicle’s driver, or both drivers. In collisions involving multiple vehicles, several individuals may be found at fault. This is a very detailed analysis that must be done in each and every case.
  • The next most common defendant in a car accident lawsuit is your own car insurance company. All auto insurance contracts in Ontario include provisions allowing you to name your own insurer as a defendant if the at-fault driver is unidentified, uninsured, or under-insured. Under-insured motorist coverage may apply if your insurance policy’s limits are greater than those held by the defendant and if you have sustained significant damages.
  • Another potential defendant is the Motor Vehicle Accident Claims Fund, which is maintained by the province. It may be named as a defendant only in circumstances where no other insurance coverage is available; for example, when an uninsured pedestrian or cyclist is struck in a hit-and-run and the at-fault party is never identified. The Fund cannot be sued if the injured person has their own insurance coverage, or if the injured person is a dependant of someone with insurance.
• How long after my car accident should I file a claim?

  The legal system in Ontario, as in most jurisdictions, includes a standard two-year limitation period imposed by legislation. In many cases, bringing a claim against an at-fault driver more than two years after a collision will not be allowed. There are some exceptions to this rule but it is always in your best interest to be proactive within the limitation period.

  Two years is usually sufficient time to determine if the injuries you have suffered from a collision are serious enough to warrant pursuing a lawsuit. If you have sustained injuries of any kind, meet with our lawyers as soon as you are comfortable doing so. We can meet with you in our offices, at your home, or even while you are still in the hospital. We will be able to guide you in deciding whether to file a claim and when.

• Who can file a wrongful death claim?

  Ontario’s Family Law Act allows the family members of a deceased person to start a lawsuit if that individual would have been entitled to compensation, had they not been killed. Eligible family members include spouses, children, grandchildren, parents, grandparents, and siblings. A spouse includes one half of a traditional married couple, someone who has been living with the deceased for at least two years as a common-law spouse, or someone who was in a relationship with the deceased and had a child together.

• What damages can I sue for if I’m injured in a car accident?

  There are several categories of damages involved in most car accident claims. Some or all of these types of damages may apply depending on the facts of your case:

  • The first category is often referred to as damages for pain and suffering. In the legal system, these are known as Non-Pecuniary General Damages. These compensate you for the pain you have endured and for the ways in which your life has been affected by the accident and your injuries.
  • If your injuries prevent you from working the same as you did before the collision, you may have sustained economic losses. These are broken into subcategories: Past Economic Losses are calculated up to the date of trial or settlement; Future Economic Losses are calculated from the date of settlement or trial to retirement or some other projected date. It is also possible to claim for Loss of Competitive Advantage, which applies when you remain able to work but you are less competitive in the marketplace than you would have been if you had not been injured.
  • Damages for Loss of Housekeeping and Home Maintenance Capacity are awarded if your accident has made you dependent on others to maintain your household and complete daily chores, or when you are forced to accept a lower standard of household order and cleanliness.
  • Future Care Costs are awarded if your injuries cost you medical and support expenses in the future, once your own insurance coverage is exhausted. This can include expensive medications, future counselling, home modifications, support services, and ongoing rehabilitation needs.
  • Special Damages is a broad category which includes any costs to you that would not exist if the accident had never happened, if those costs are not covered by insurance.
  • Family Law Act Damages may be awarded to people whose immediate familial relationships have been damaged as a result of an accident. For example, if the parent of a child is injured, that child may have sustained a loss of care, guidance, and companionship, and may be compensated for that loss.

  Beckett Personal Injury Lawyers can help you determine whether any or all of these categories are applicable to your case, and we can seek compensation for you. In addition, we will also seek a contribution to the legal costs you incur, as well as interest costs over the course of your litigation.