Call Our Law Firm If You’ve Been Injured In an ontario Crash
Get a car accident lawyer in Toronto, Brantford and Simcoe who isn’t afraid to fight.
A car accident can change your life in an instant. Our Ontario car accident lawyers know because we have helped many injury victims in Toronto and throughout the province after a serious car accident.
Suddenly, you might be injured in a Toronto car crash and need medical treatment. Or perhaps you were rear-ended in North York or a distracted driver crashed into your vehicle in Scarborough. Your car is wrecked. Expenses can add up quickly, and you may not be able to work because of your injuries.
When another driver causes your accident, you deserve compensation to pay for your financial losses. You need a Toronto car accident lawyer who knows how the system works in Ontario. Smitiuch Injury Law can help. In case after case, we have consistently helped injury victims across Ontario obtain the money they need to get their lives back on track.
“We were referred to Smitiuch Injury Law and it was probably the best thing that could have happened to us out of this car accident.” — Mary J.
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FAQs for Ontario Car Accidents
We’ve compiled answers to some common questions people have after being hurt in a crash:
- What is the first step to take after a car accident?
- Do I need a car accident lawyer?
- How can a lawyer help me?
- What are common car accident injuries?
- How do I prove my injuries were caused by a car accident?
- Can I receive compensation for my car accident if I was partially at fault?
- Who determines fault after a car accident?
- Should I accept a car accident settlement offer?
- Can I sue after my car crash?
- How much is my case worth?
- What can I expect after a car accident?
- Can I get money for pain and suffering for an Ontario car accident?
- Can I get compensation for emotional distress after a car accident?
- What happens if I can’t return to work after a car accident?
- What should I do if the at-fault driver doesn’t have insurance?
- How long does it take to settle a car accident case?
- How much does a car accident lawyer cost?
What is the first step to take after a car accident?
The first thing you should do after a car accident in Ontario is focus on your health and safety. And if you can do so, you should also gather evidence at the scene of your accident. What you do immediately after your crash can have a big impact on your claim. Key steps include:
- Call emergency services: Report the accident to the police and seek medical attention right away, even if you feel fine. Many car accident injuries have delayed symptoms or might not be visible immediately after an accident.
- Talk to witnesses: If someone saw your crash, get the person’s name and phone number. Statements from eyewitnesses can be important pieces of evidence in support of your car accident claim.
- Take pictures: Take photos of your crash site. The more pictures, the better.
- Exchange information: Get the other driver’s information (name, address, driver’s license number, insurance information) and give the same information to the other driver.
- Don’t discuss the accident: The less you say after your accident, the better. Anything you say could potentially be used as evidence to reduce or deny your car accident injury claim.
- Notify your insurance company: Report the accident to your insurer as soon as possible.
- Get a copy of the police report: This document can provide important details about the crash. You should carefully review your police car accident report and make sure it’s accurate.
- Call a lawyer: A lawyer can answer your questions, review your case and provide guidance on your next steps.
Taking these actions can protect your legal rights and set the foundation for a strong claim. The sooner you act, the easier it will be to recover the compensation you need.
Do I need a car accident lawyer?
We know the challenges and obstacles that come up when trying to recover compensation after an Ontario car accident. Negligent drivers often don’t accept responsibility and deny doing anything wrong. Insurance companies are supposed to help, but the reality is they are often not on your side. They will often try to pay you as little as possible to protect their profits.
Our experienced Toronto car accident lawyers understand the stress and emotional trauma that victims experience after an accident. Our goal is to reduce that burden by providing legal representation you can count on. We build strong cases that hold negligent drivers accountable and help you recover the compensation you deserve.
Our firm knows how to get results – including a $2.4 million trial verdict for a driver who was hit and injured by a snowplow.
When it comes to navigating the aftermath of a car accident in Etobicoke, East York, or another community in the GTA, experience matters. Our Ontario car accident lawyers know what they're doing, and it shows. We work tirelessly to protect your interests and know how to handle insurance companies. We won’t rest until we recover financial compensation for you, either through a negotiated settlement or a jury verdict.
How can a lawyer help me?
At Smitiuch Injury Law, we offer:
- Comprehensive support – We regularly work alongside industry experts, like medical specialists, accident reconstruction engineers, and cost of care experts, to ensure that no detail of your case is overlooked.
- Collaborative legal advice – We see the value of working together. We are proud to have a team with diverse skill sets and experience and believe in the importance of providing our clients with the best that all of us have to offer.
- Accessibility services – From our flexible appointments to our conveniently located offices, we make it easy for you to access our team. Whether you require in-home or hospital visits, need to meet outside of business hours, or simply want to drop in to ask us a question, we will accommodate your needs.
- Compassionate care – At our firm, you are never just a file number. We value the relationships that we form with our clients and are passionate about providing meaningful help.
What are common car accident injuries?
Physical injuries sustained in a bad car accident in Toronto, Etobicoke, North York, and other communities can cover a wide range. Some of the most serious injuries include:
- Internal injuries, including internal bleeding, broken ribs, a ruptured spleen, and other organ injuries
- Head injuries, including traumatic brain injury (TBI)
- Neck injuries, including whiplash
- Back injuries, including spinal cord injuries
- Hand and arm injuries, including broken bones
- Leg and foot injuries, including leg fractures
Don’t try to diagnose yourself after your accident. See a doctor right away, even if you feel fine. You could have a life-threatening injury and not even realize it. And if you do have chronic pain, severe bruising, a pounding headache, or any other symptoms, take them seriously right from the start. These could be a warning sign of a life-threatening serious injury.
In addition, the longer you wait to seek medical care, the more likely insurance companies may raise questions or perhaps even deny your claim. Some insurance providers may question the severity of your injury due to the delay of treatment. Other times, they might try to claim that your accident injury was actually a pre-existing medical condition. Either way, it’s important for your well-being and legal rights to see a doctor as soon as possible.
How do I prove my injuries were caused by a car accident?
Proving that your injuries were caused by a car accident is one of the most important steps in getting the compensation you deserve. Insurance companies often try to minimize your injuries or claim they weren’t caused by the accident. You can strengthen your injury claim by taking these steps:
- Seek immediate medical attention: See a doctor right away to document your injuries and ensure proper treatment. This way, you will also have an official medical record of your injuries after your accident.
- Keep detailed medical records: Doctor’s notes, diagnostic tests, and treatment plans can all serve as valuable evidence in support of your claim.
- Take photos of your injuries: Pictures of cuts, bruises, or other visible injuries help show the impact of the crash. If possible, take photos that show when you took the picture so it’s clear that the photographs were taken soon after your accident.
- Maintain a recovery journal: Track your pain, physical limitations, and how your injuries affect your daily life.
- Get expert opinions: Medical specialists or therapists can provide professional assessments of your injuries.
- Save all receipts and bills: Keep documentation of medical expenses, prescriptions, and any other costs related to your recovery.
Working with a lawyer can strengthen your case by ensuring all evidence is collected and presented effectively. The more thorough your evidence, the better your chances of receiving fair compensation for your injuries and related expenses.
Can I receive compensation for my car accident if I was partially at fault?
Yes, you can still receive compensation for a car accident in Ontario even if you were partially at fault. Ontario follows what’s known as a “contributory negligence” system, which means your level of fault reduces the amount of compensation you can receive. Here’s how it works:
- Fault is determined by percentage: If you are found 25% at fault, your compensation is reduced by 25%.
- Insurance coverage still applies: Accident benefits through your auto insurance are available regardless of fault.
- Collect evidence to minimize fault: Gather police reports, witness statements, and other evidence that shows your version of events.
- Work with a lawyer to challenge fault allocation: A lawyer can argue against an unfair fault assessment by insurance companies.
- Include all accident-related expenses: Make sure your claim takes into account all medical bills, lost income, and other costs.
Even if you share fault, you have the right to pursue fair compensation for your injuries. A lawyer can help you navigate the process, protect your rights, and maximize your recovery.
Who determines fault after a car accident?
A lot of people often have a lot to say about who was at fault for causing a car accident in Ontario. Insurance companies have an opinion about who caused the crash. Their findings are usually based on their interpretation of the investigating police officer’s collision report, as well as their own independent investigation.
Insurance companies also often carefully look at medical records for injured drivers, passengers, and anyone else that was hurt in the crash. If they can, insurance companies will sometimes try to claim that such injuries were pre-existing medical conditions and did not take place in the crash. That way, an insurance company does not have to pay the injury victim’s medical bills and other accident expenses.
In addition, the at-fault driver’s insurance company may claim that you or someone else caused the crash, even when the evidence clearly illustrates the opposite was true. When this happens, it’s important for you and your insurance company to present the facts in support of your accident claim.
This is where a lawyer can be a tremendous help. Your Ontario car accident lawyer can thoroughly investigate your crash and gather evidence in support of your accident claim. Your legal team can also challenge an insurance company’s findings and negotiate a favourable settlement claim with them on your behalf. That way, you can demand the money you deserve for medical care, lost wages, replacement income, and other accident expenses.
Should I accept a car accident settlement offer?
Insurance companies often make settlement offers quickly after an accident, but these offers are usually low. Accepting a settlement offer too soon can leave you without enough money to cover all your expenses. Before accepting a settlement offer, make sure you consider these financial impacts:
- Future medical needs: Does the settlement take into account ongoing or future treatment costs?
- Lost income: Will it cover both current and future lost wages?
- Full accident expenses: Vehicle repairs, replacement income, and other costs caused by the crash.
- Negotiate if needed: Most initial offers can be negotiated for a higher amount.
- Consult a lawyer: A lawyer can review the offer, determine if it’s fair and negotiate a better offer on your behalf if necessary.
Settling too soon can hurt your financial recovery. Working with a lawyer can make sure you don’t leave money on the table that you might need, especially for future anticipated expenses.
Can I sue after my car crash?
Yes, you have the legal right to file a lawsuit or take other action against the at-fault party in your accident. In many cases, suing the at-fault driver or their insurance company may be the best way to obtain the financial compensation you deserve for your accident expenses. This is especially true if an insurance company makes a low settlement offer or denies your accident claim.
However, it’s important to understand that you only have a limited amount of time to take legal action. In Ontario, the deadline (known as the statute of limitations or a limitation period) for filing a lawsuit is two years from the date of your accident. If you wait to take legal action after that time, you could forfeit your right to seek financial compensation for your accident-related expenses.
It’s also important to realize that the evidence you need in support of your accident claim often needs to be gathered right away. The crash site will likely be cleaned up a few hours or days after your accident. Dashcam footage, red light camera footage, and other video evidence may be lost or destroyed after a few days or weeks. Witnesses who saw your accident might move away or forget what happened. That’s why you need a lawyer who can thoroughly investigate your crash right away.
How much is my case worth?
There is no set dollar amount when it comes to car accident claims. Some may be worth a few thousand dollars. Other injury claims may be worth significantly more. The bottom line is you should be financially compensated for all your accident expenses, including medical bills future cost of care, vehicle repairs, past loss of income and future loss of income if you cannot return to work due to a serious injury.
The at-fault driver’s insurance company will likely try to downplay the total value of your accident claim. That’s why many settlement offers fall short and do not cover all accident expenses. When this happens, it’s important for you and your lawyer to demand the maximum financial compensation you deserve for your injury claim. You didn’t do anything wrong. You shouldn’t have to pay for another driver’s mistakes.
What can I expect after a car accident?
We offer the resources of a big law firm and the personal attention that you can only find at a smaller firm. One of our lawyers will meet with you and guide you through the legal process every step of the way. We understand what you are going through and are dedicated to resolving your case in a way that meets your needs.
Our legal team investigates your crash to get the facts. Then, we focus on building a strong case that the insurance company has to take seriously. Many times, we are able to work with the insurance company to negotiate a favourable settlement. If they won’t negotiate, we are not afraid to go to court.
If you’ve been hurt in a car accident in Etobicoke, Old Toronto, East York, Scarborough, or anywhere in the GTA, it’s important to get legal advice. Contact us to schedule a free case evaluation with one of our Ontario car accident lawyers. It costs nothing to talk to us. If you can’t make it to our office, we can come to you – at your home, in your hospital room, or anywhere that is convenient. We have offices in Toronto, Brantford, and Simcoe.
Can I get money for pain and suffering for an Ontario car accident?
Yes, Ontario law allows you to seek compensation for pain and suffering after a car accident. This type of claim addresses the physical and emotional toll of your injuries. To build a strong case for pain and suffering, you should:
- Provide detailed medical records: These records should show the severity and long-term psychological effects of your injuries.
- Document how your life has changed: Keep a journal of physical limitations and emotional struggles since your accident.
- Include expert opinions: Doctors and other professionals can confirm the impact of your injuries.
- Calculate non-economic damages: This includes loss of enjoyment of life, reduced mobility, and emotional hardship.
- Work with a lawyer: A lawyer can make sure that damages such as pain and suffering are taken into consideration as part of your claim.
Pain and suffering compensation recognizes the full impact of your injuries, not just the financial costs. A lawyer can help you recover the amount you deserve.
Can I get compensation for emotional distress after a car accident?
Emotional distress after a car accident is real, and you have the right to seek compensation for it. Mental and emotional trauma often impacts victims just as much as physical injuries. To build a strong claim for emotional distress, you should:
- Seek professional counseling: A therapist or psychologist can document how the crash has affected your mental health.
- Provide evidence of the impact: Share how your emotional health has changed and how it affects your daily life.
- Include it in your claim: Your lawyer can calculate emotional distress along with your physical injuries.
- Document related expenses: Save receipts for counseling or therapy sessions.
- Track emotional symptoms: Write about anxiety, flashbacks, or other mental health challenges you’ve experienced.
Emotional injuries deserve recognition just like physical ones. Compensation for emotional distress can help cover treatment costs and provide financial relief as you work to heal.
What happens if I can’t return to work after a car accident?
If your injuries prevent you from returning to work, you may qualify for compensation to cover loss of income. This includes both your current wages and future earnings. Steps to take include:
- Document your inability to work: Medical records and doctor’s notes should clearly state your limitations.
- Calculate lost income: Include wages, bonuses, and any other work-related benefits you’ve lost.
- Consider diminished earning capacity: If you can work in a reduced capacity, include that information as part of your claim.
- Explore vocational training options: If your injuries prevent you from returning to your old job, training for a new career may be covered.
- Keep all employment records: Pay stubs, tax returns, and employment contracts can strengthen your car accident injury claim.
An Ontario car accident lawyer can help you secure the compensation you need to cover the financial impact of your injuries. This ensures you have the resources to focus on recovery without worrying about your income.
What should I do if the at-fault driver doesn’t have insurance?
You can still recover compensation even if the at-fault driver doesn’t have insurance. In Ontario, your own auto insurance policy includes coverage for uninsured drivers. Steps to take include:
- File a claim under your uninsured motorist coverage: This coverage helps pay for medical bills and other damages.
- Gather evidence against the driver: Documenting their fault can strengthen your claim with your insurance company.
- Speak with a lawyer: A lawyer can guide you through the process and ensure your insurance company handles your claim fairly.
- Check for other liable parties: In some cases, other factors, like a defective vehicle part, may contribute to the crash.
- Explore all legal options: Your lawyer can help determine additional ways to recover compensation.
Even if the other driver doesn’t have car insurance, you have options to get the financial support you need. A lawyer can help you navigate the legal process and maximize your recovery.
How long does it take to settle a car accident case?
Every car accident case is different, so the timeline for settlement depends on the circumstances. Some cases resolve in months, while others take years to finalize. Factors that affect the timeline include:
- Severity of injuries: More serious injuries often require longer recovery times, delaying settlement discussions.
- Insurance negotiations: Insurers may delay or deny claims, requiring additional negotiation or legal action.
- Evidence gathering: Collecting medical records, witness statements, and expert testimony takes time.
- Case complexity: Accidents involving multiple parties or disputed fault can take longer to resolve.
- Court schedules: If the case goes to trial, the legal process can extend the timeline.
Although waiting for a settlement can feel frustrating, rushing the process may leave you with less compensation than you deserve. A lawyer can help keep things moving while making sure you get the best possible outcome.
How much does a car accident lawyer cost?
Hiring a car accident lawyer often costs less than you might think. Most car accident lawyers in Ontario, including this firm, work on a contingency fee basis. This means:
- You don’t pay upfront: The lawyer only gets paid if they win your case.
- Fees come from your settlement: The lawyer’s fee is a percentage of the compensation you receive.
- Free consultations: Many firms, including ours, offer free initial consultations to discuss your case.
- No hidden fees: Reputable lawyers explain their fee structure upfront, so there are no surprises.
- Affordable access to justice: Contingency fees make legal representation accessible to everyone, regardless of your financial situation.
This system allows you to get the legal help you need without worrying about whether or not you can afford to hire an Ontario car accident lawyer to handle your case. Our philosophy is simple – if you don’t win, you don’t pay.
Learn more about how our legal team can help you. Contact us and schedule your free consultation with a Toronto car accident lawyer you can count on in a crisis.
