If you have been injured in a motor vehicle accident, understanding your legal rights and options is essential. This guide provides a general overview of the personal injury claims process, including accident benefits and claims against an at-fault driver.
When involved in an accident, there are typically two separate claims you may be entitled to pursue:
- No-Fault Accident Benefits: Compensation provided by your own insurance company, regardless of fault.
- Claim Against the At-Fault Driver: A lawsuit for damages such as pain and suffering, loss of income, and future care costs if another driver was responsible for the accident.
Accident benefits, or "no-fault benefits," are provided through your insurance policy. These benefits include:
- Income Replacement Benefits: Up to $400 per week (or more if optional benefits were purchased).
- Medical and Rehabilitation Benefits: Covers treatment, rehabilitation and therapy.
- If your injuries are considered minor, you may receive up to $3,500.
- If they are non-catastrophic, the combined limit for medical, rehabilitation, and attendant care benefits is $65,000.
- If your injuries are catastrophic, the combined limit is $1,000,000 and may be payable for a lifetime.
- Attendant Care Benefits: Financial assistance for a caregiver if you cannot care for yourself.
- Housekeeping and Home Maintenance Benefits: Up to $100 per week if optional benefits were purchased or injuries are catastrophic.
- Lost Educational Expenses: Up to $15,000 if you cannot continue your studies due to injuries.
If your insurance company denies benefits, disputes are handled through the License Appeals Tribunal (LAT). The process typically involves a settlement meeting and, if unresolved, a formal hearing. The type of hearing depends on the complexity of the dispute:
- Paper Review Hearings: For claims under $10,000 or Minor Injury Guideline disputes.
- Expedited Hearings: A 1-day process for straightforward disputes.
- Full In-Person Hearings: For complex cases such as catastrophic injury claims.
If another driver was responsible for your injuries, you may pursue a lawsuit for damages, including:
- Pain and Suffering: To qualify, you must prove you have a permanent and serious impairment of an important physical, mental, or psychological function.
- Loss of Income: If you were unable to work, you may claim for lost wages beyond what is covered by accident benefits.
- Future Care Costs: Covers ongoing medical treatment and rehabilitation expenses.
- Family Law Act Claims: Family members may seek compensation for loss of care, guidance, and companionship.
If a lawsuit is filed against the at-fault driver, it will proceed through the following steps:
- Pleadings: The lawsuit begins with the Statement of Claim, outlining the damages sought.
- Discovery: Both parties exchange documents and conduct oral examinations under oath.
- Pre-Trial Conference: A judge facilitates settlement discussions.
- Trial: If no settlement is reached, the case is presented in court, and a judge or jury renders a decision.
Personal injury cases are typically handled on a contingency fee basis, meaning no upfront legal fees. Fees are based on a percentage of the settlement or award. Disbursements and applicable taxes also apply.
Navigating a personal injury claim can be complex, but you don’t have to do it alone. At HURT911 Injury Law, we specialize in helping accident victims secure the compensation they deserve.
📞 Call us at 1-855-HURT911 for a FREE consultation.
This blog entry is for informational purposes and does not constitute legal advice. Reading this article does not create a lawyer-client relationship. For a free consultation, please contact HURT911 Injury Law at 1-855-HURT911.