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Your Rights


As a personal injury victim of a motor vehicle accident, you’re entitled to seek compensation for damages, expenses and replacement income from two sources – Accident Benefits and “Tort” Claims against those who are partly or wholly at fault.

It is, however, very important to act quickly in making your claim. The more time that passes, the more challenging it may be to prove entitlement and receive the maximum benefit owing to you.

The system is very complex and challenging. Please contact us with any questions and we will be happy to provide an answer.

HERE ARE ANSWERS TO SOME OF THE MOST COMMON QUESTIONS:

Accident Benefits

Accident benefits are usually classified as either ‘catastrophic’ or ‘non-catastrophic’ for the purpose of determining the benefit amount payable.

If you were employed at the time of an accident that leaves you unable to perform your duties, you may be entitled to receive:

• Up to $400/week, usually payable after a 7-day waiting period.
NOTE: Claims made beyond the two-year period after the accident can be difficult to prove.

Rehabilitation Expenses

• Up to $1,000,000 if catastrophically impaired (over your lifetime).
• Up to $100,000 if non-catastrophically impaired (over a period of 10 years after the accident).

Attendant Care

Expenses for attendant care are generally awarded as follows:
• Up to $6,000/month up to $1,000,000 maximum if you’re catastrophically impaired.
• Up to $3000/month for up to two years after the accident to a $72,000 maximum.

Non-Earner’s Benefits

If you were unemployed at the time of the accident, you may still qualify for compensation. “Non-earner benefits” can begin on the 6th month anniversary of the accident, and pay up to a maximum of either $185/week or $320/week.

Caregiver’s Benefits

Stay at home parents and other unpaid caregivers who are unable to fulfill their caregiving duties after an accident can claim up to $250/week for the first dependent, plus $50/week for each additional dependent.

Tort Claims Against The At-Fault Driver

Within certain limits, you and your family members are entitled to claim against the driver, (and any others who are wholly or partly at fault for your accident) for pain and suffering; loss of income; future care; loss of care, guidance and companionship; expenses they have incurred on your behalf; and the value of their time in caring for you.

Other Claimable Accident Situations

Because personal injuries can happen anywhere at any time, you are also entitled to claim for damages from:
• Boating accidents
• Accidents caused by faulty products
• Slip and fall accidents
• Recreational vehicle accidents
• Accidents on other people’s property
• Criminal acts (assaults)

More Answers Are Available

If you have any specific questions about your rights in an accident or personal injury claim, please use one of the various contact options below. We will be happy to provide an answer to you by email or phone within 24 hours.

  • Call Us: 1-866-696-0300
  • Email: info@wynperlelaw.ca
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