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Motor Vehicle Accidents

A serious car accident usually results in the occupants of the car suffering minor to severe injuries.  Severe injuries can include catastrophic injuries that create lasting changes in the lives of the injured and their loved ones.    If you are involved in a car accident you should report the accident to your insurer within 7 days of the accident to begin the claim process.  When one is involved in a car accident there are two components of their potential claims, accident benefits and tort liability.  Tort liability covers you for pain and suffering, loss of income or advantage in the workplace, loss of enjoyment of life and any other damages not covered by accident benefits.  There is also a Family Law Claim whereby your dependants can also request and sue for damages.  Tort claims are subject to a legal test to see whether or not compensation is warranted.  The test is whether your injuries were serious and permanent ones.   Your own insurance company is responsible to cover minor benefits through No Fault Accident Benefits, which are minimal and rarely compensate  victims for all their loses. Accident benefits cover the cost of medical treatment, rehabilitation, replacement of wages and other care items that can assist you in the recovery process.  Unfortunately, your insurance company will look to minimize their financial exposure by disputing your injuries and delaying or denying your claim.  The burden of proof rests with the injured person to prove the full extent of their injuries.  Accident benefits are available to the insured through their insurance regardless of whether the insured was at fault or not.  The Statutory Accident Benefits Schedule (SABS) lays out the principles of accident benefits.  Certain time limits can restrict your right to apply for these benefits. You are entitled to dispute the insurer’s refusal to pay your car accident insurance benefits. 

 

Sustaining a serious personal injury can be a life changing event. It is vital that you get the compensation that you deserve.  If you have been in a car accident and suffered any injuries, then contact Baratz Law today for a  free consultation.  At Baratz Law, all our personal injury cases are dealt with on a contingency basis, which means you don’t pay anything and we don’t collect any fees unless we win or obtain a favourable settlement for you!  

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