Accidents Happen. Recover with Dye & Russell INFORMATION FOR ACCIDENT VICTIMS AND THEIR FAMILIES DYE & RUSSELL. Personal Injury Lawyers

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1 Accidents Happen Recover with Dye & Russell INFORMATION FOR ACCIDENT VICTIMS AND THEIR FAMILIES DR DYE & RUSSELL Personal Injury Lawyers

2 ACCIDENTS HAPPEN Recover with Dye & Russell At Dye & Russell, we fully understand the emotional and financial stress that occurs when you are faced with the consequences of a personal injury. An accident can have a devastating effect on you and your family. Navigating the complex legal and health issues surrounding your case can be overwhelming. Our past experience as Insurance defence lawyers has taught us that just about every accident claim is capable of being resolved. Insurers like to settle claims and close files. The key is to understand what motivates the insurer to settle and when. We know this better than most firms. Our expert team of personal injury lawyers is one of the most important resources immediately following an accident. The team at Dye & Russell will help guide you and your family through the process, protect you rights and ensure that you understand your entitlements. Why choosing Dye & Russell makes the difference: Dye & Russell understands the laws that affect your rights to compensation. Our legal experience within the insurance industry and dedication to personal injury law, provide us with the insight required to navigate the complex legal and health care systems. Dye & Russell is thorough and compassionate in our approach. Our approach allows us to generate top results for our clients in the negotiation. trial and arbitration processes. We offer a free case evaluation and there is no cost until your case is settled or won. 1

3 TIMELINE After an accident it is important that you be well informed regarding some of the issues that you will face in the upcoming weeks. There are key timelines and steps to take or avoid that can make a difference in your ability to receive fair and rightful compensation. There are several critical timelines to keep in mind after a motor vehicle accident. You have 7 days to contact and inform your accident benefits insurer. You have 30 days to file your government application for accident benefits. You have 120 days to file written notice of your intention to sue. You have 730 days (2 years) to commence a lawsuit against an at-fault party. Protecting your legal rights: There are several steps you can take to protect your legal rights. The first and best is to contact Dye & Russell. We will help guide you through the process and will be paid by the insurance company, not you. After an accident you should: When required, inform the police of the accident and record the attending officer s name and badge number Record the names of any witnesses and all those directly or indirectly involved in the accident Contact your family doctor Contact your insurance company within 7 days Report your injury to your employer or school Record the names of attending health care providers Keep receipts for all related expenses including those of family members helping the injured person Check for health and injury coverage provided through your employer, credit card, or other sources 2

4 PERSONAL INJURIES The following is a list of some of the most common examples of personal injuries that may require legal assistance: Motor vehicle accident injuries (including car, bus, boat, ATV, motorcycle, cyclists, pedestrians struck by vehicles) Paraplegic, quadriplegic, or other spinal cord injuries Amputation as a result of an accident Brain injuries Wrongful death Slip, trip, or fall accidents resulting in injuries Insurance claim denials Injuries resulting from defective products Dog bite injuries This is not a complete list. If you feel you have been wrongfully injured in an accident or denied you rightful benefits please feel free to contact Dye & Russell for a free claims evaluation. 3

5 FAQs The following questions are commonly asked of personal injury lawyers. We know that many of you will have questions specific to your accident; please review these and feel free to contact us for a FREE evaluation. Why Do I Need a Personal Injury Lawyer? Personal Injury Law is one of the most complex areas of law. It involves seeking compensation from large, sophistocated insurance companies and navigating very detailed and constantly changing laws and regulations. Dye & Russell has the experience and expertise to ensure that your rights are properly protected and that you make a complete physical, emotional and financial recovery. How Soon After an Accident Should I Contact a Personal Injury Lawyer? You should contact a personal injury lawyer as soon as possible. In certain cases you are required to put the defendant you will be suing on notice within a matter of days. Failure to act quickly could actually bar your claim. Dye & Russell will ensure that your rights are protected and that you access all the best treatment during the critical early stages following an injury. We will also act swiftly to make sure that all the evidence necessary to properly present your case is preserved and collected. How Will I Pay for Legal Services? We understand all the difficulties you will face following a personal injury or death in your family. The last thing you need is another expense. We offer a free evaluation of your case with no obligation and when you do choose us we to represent you we never charge any fee until your case is settled or won. We spend whatever is necessary to properly evaluate and present your claim and we make sure that you get funding to pay for the treatment you need. We will only settle your case when it is ready and make sure you receive all that you are entitled to. How Long Will It Take to Settle My Claim? Unfortunately it is impossible to provide an answer that will apply to all cases. The majority of cases are settled within two years. Some are resolved much sooner than that. Some take longer. When we speak to you about your case we will explain the claim and litigation process in detail and provide you with an estimate as to how long it will take to resolve your case. We offer a free case evaluation and there is no cost until your case is settled or won. 4

6 STATUTORY ACCIDENT BENEFITS MOTOR VEHICLE ACCIDENTS COMPENSATION as of September 1st, 2010 BENEFIT CATASTROPHIC 1. Attendant Care Benefits A. Maximum Benefits Payable B. Maximum Monthly Benefits Available C. Maximum Duration of Benefits $1,000,000* $6,000 Unlimited - until $1,000,000 is exhausted (determined by OT or RN only) 2. Medical and Rehabilitation Benefits A. Maximum Benefits Payable B. Maximum Duration of Benefits $1,000,000* Unlimited - until $1,000,000 is exhausted 3. Housekeeping and Home Maintenance A. Maximum Benefits Payable B. Maximum Duration of Benefits 4. Caregiver Benefits $100 per week Maximum of $100 per week available for life A. Maximum Benefits Payable $260/wk for first person in need of care plus $50/mos for each additional person in need of care B. Maximum Duration of Benefits 5. Case Management Services So long as there are persons in need of care Entitled - may choose own case manager 5

7 In Ontario, the legislative system regulates your rights to sue and recover damages for injuries sustained as a result of a motor vehicle accident; even if you were not at-fault. All drivers, passengers, cyclists and pedestrians are entitled to claim for accident benefits if you were injured in a motor vehicle accident. This is true regardless of who is determined to be at-fault for the accident or whether the injured person has his/her own insurance. NON-CATASTROPHIC $36,000* $3,000 2 years post (determined by OR or RN only) MINOR INJURY GUIDELINES (MIG) $3,500 maximum - can be increased to $50,000 if there is compelling evidence that pre-existing medical condition will prevent the insured person from achieving maximum recovery with access to only $3,500. $50,000* Maximum of $50,000 available for 10 years or until the person is 25 years old Not entitled* Not entitled Not Available* Not entitled er Not entitled * Where optional benefits were not purchased 6

8 GLOSSARY A number of professionals will be involved throughout your recovery process. Together with your legal team they will work with you and your family to achieve the very best outcomes. Be sure to collect their names and contact information and note that you do have a choice of providers. The following is a brief description of the various professionals who may be involved with you as you progress through the continuum of care: Personal Injury Law Team: The team of legal experts at Dye & Russell will address the individual legal needs associated with your specific case. They will ensure your rights are protected and you receive the full benefits and compensation to which you are rightfully entitled. Registered Nurses: Besides the doctors, the registered nurse is the health care provider and team member with whom you will have the most contact. They provide the day-today care, as well as any other treatments and medications and advise your doctor of changes to your condition. Insurance Adjusters: The insurance adjuster represents the insurance company and will communicate with you and your personal injury law team. They may want to ask questions regarding the accident and advise you of your benefits. We encourage you not to sign any documents without legal representation. Doctors: The doctors and medical team are responsible for your care while in the hospital. Depending upon the severity of your injuries, you may be visited by several doctors and other specialists in various fields of medicine. They will make decisions regarding your medical treatment and recommendations for your recovery. Social Workers: Social workers provide counselling and support and will help you and your family with the practical issues most commonly faced after an accident. They will assist in helping you access community services prior to leaving the hospital. Vocational Rehab Professionals: These professionals help to coordinate your return to work and ensure that you receive effective education, treatment and therapies to help you with impaired work capacities. Case Manager/Client Care Advocate: A case manager is the day-to-day contact involved in your recovery. They coordinate all your clinical and rehabilitation needs. Psychologists/Family Counsellors: These professionals treat any nonphysical issues that you may need help managing as a result of your accident. Occupational Therapists: An occupational therapist will help you resume your daily activities at home and at work. Physiotherapists: A physiotherapist will access your physical abilities and provide postaccident treatment and rehabilitation. They may prescribe therapy to help restore strength, flexibility, and other abilities that may have been affected by the injury you sustained. 7

9 IMPORTANT LINKS Dye & Russell Government of Ontario Ministry of Community and Social Services Financial Services Commission of Ontario Ministry of Transportation Ontario Disability Support Program Workplace Safety and Insurance Board Workplace Safety and Insurance Appeals Tribunal Canada s Centre for Occupational Health and Safety Ontario Ministry of Health and Long Term Care OHIP Ontario Brain Injury Association Canadian Paraplegic Association Canadian Spinal Research Organization Canadian National Institute for the Blind The War Amps of Canada 8

10 MY INJURY - THE FACTS Date of accident: Place: What happened: Type of injury/symptoms: Has this injury previously been treated in another hospital? Yes No Hospital: Name of hospital: Transferred by: Date: Physician's name: Notes: Past Medical History Please list any previous medical conditions: Allergies: Vaccinations: Illnesses: Surgeries: Current Medications: Other Health Information 9

11 NOTES 10

12 If you or someone you know has been hurt in an accident you need to know your rights. Please call for a free claims evaluation. Recover with Dye & Russell Contact Us Barrie Huronia Road Barrie, Ontario L4N 8X3 Telephone: Fax: Toll Free: peter.dye@dyeandrussell.com Ajax Church Street South Ajax, Ontario L1S 6B4 Telephone: Fax: Toll Free: john.russell@dyeandrussell.com DR DYE & RUSSELL Personal Injury Lawyers