Cook Reynolds: Your Path To Legal Victory Starts Here

First - seek medical attention and follow the advice of your doctors. Second - report what has happened to the police and your insurance company. Third - call Cook Reynolds. We can help you with the forms you need to submit to the appropriate accident benefits insurer to help initiate your treatment. We can advise you with respect to dealing with the claims process for treatment and weekly benefits and advise you as to your rights. We can let you know about the potential claims you might have and put any potential defendants on notice. We can help you secure the evidence that you may need to prove your case down the road.

The short answer is that it’s complicated. Timelines vary depending on the type of claim you are bringing and the municipality. For slip and fall claims there are very short timelines for giving notice when the fall is due to ice or snow.

Generally speaking, you have 30 days to apply for accident benefits, however this often does not bar a claim if the application is late.

For issuing a Statement of Claim the general rule is that it must be issued within two years of the cause of action arising. However, there are discoverability rules that apply, and the limitation period is sometimes found not to have started to run until the claim discoverable by you and commencing litigation was reasonable. Also, early in COVID limitation periods were suspended for a period of approximately 6 months and this might affect the time you have to bring a claim.

Generally speaking it is best to ensure you speak to a lawyer promptly in order that all timelines are being met

We are happy to provide a free consultation and discuss the timelines that apply in your particular circumstances.

If you were injured in a car accident, you must report the accident to the police. This is a required step if you want to apply for SABS.

If you were injured by a motor vehicle including as a pedestrian, cyclists, motorcyclist, passenger or driver you qualify for accident benefits Under Ontario’s ‘no fault’ insurance, you apply for accident benefits from your own insurance company, even if it was someone else who was at fault. If you are not insured, then you may apply against the insurance policy of your immediate family or the driver who caused the accident.

Income replacement benefits: If you are unable to work, you may qualify for benefits of 70% of your gross income, capped at $400 per week. You have the option to increase of up to $1,000 per week.

Caregiver benefits: If you cannot provide care to a dependent, you could receive compensation to hire someone to help you care for them. This applies to specific injuries. You can add optional endorsements to include all injuries.

Non-earner benefits: If you don’t qualify for income replacement, are a student, and cannot continue on daily life as previous to the incident, you may qualify to receive $185 per week.

Medical, Rehabilitation And Attendant Care Benefits: This will help with medical and rehab expenses that are not covered by a private health plan or the government.

Mandatory coverage includes up to $65,000 for non-catastrophic injuries or up to $1 million for catastrophic injuries.

Medical and rehabilitation benefits: This covers the cost of health care and rehabilitation. This includes physiotherapy, prescriptions, chiropractic, counseling, and other services not covered by OHIP or through your group plan (if applicable).

Attendant care benefits: If you are unable to continue as a primary caregiver, you will be provided with assistance at your home or healthcare facility to help you recover from a serious injury. This helps single-parent families, families with one stay at home parent, and households with other dependents. It includes up to $250 per week and an additional $50 per week for each subsequent dependent living in the house.

Death And Funeral Benefits: In the event if you pass away as a result of an accident, the following will be paid out:

$25,000 to your spouse

$10,000 to each of your dependents

A maximum of $6,000 for funeral expenses

$10,000 to former spouses if the person had financial obligations to them

Other Expenses:
Additional expenses can be covered, including:

Lost educational expenses: Compensation for lost tuition, books and other education related expenses up to $15,000.

Expenses of visitors: Reasonable expenses incurred by family and friends to visit you during recovery and treatments. Your spouse, children, grandchildren, parents, grandparents, siblings, certain other dependents, and guardians qualify.

Housekeeping and home maintenance: Receive up to $100 per week for reasonable expenses to help with housekeeping and maintaining your home while you recover.

Damage to clothing, glasses, and other belonging: Receive compensation for damaged clothing, glasses and other personal medical devices damaged during the accident.

Cost of examinations: Compensation for the cost of examinations related to treatments as part of your recovery.