MOTOR VEHICLE ACCIDENT INJURIES
When I started to practice law, an innocent victim could sue the wrongdoer for all his or her damages. Starting in 1990, only those with permanent and serious injuries or disfigurement could recover from the tortfeasor. In 1994, the requirement for the permanancy of the injuries were removed. Generally, recovery is allowed for anything that interferes with your ability to earn an income. Otherwise, there is effectively a higher threshold to meet.
Ever since I've been practicing law, those involved in motor vehicle accidents have been able to recover certain portions of their losses as No-Fault Benefits. However some insurance companies are unwilling to pay the proper benefits without a fight. Please feel free to contact me if you're having a problem.
When the new system (yes, yet another one) comes into force on November 1, 1996, the scope of no-fault benefits will be cut back but you will be able to sue for the full extent of your loss of income.
If you are involved in an accident of any seriousness, make sure to report it to the police. Note down the officer's name and badge number. Obtain the name, address and licence number of the driver and the name and addres of the owner of the other vehicle. If possible, get the names and addresses of any witnesses. Attend either hospital or your family doctor and follow his or her instructions. Make a diary of your restrictions and keep track of your expenses. If you are too badly injured to do this, somebody should do it on your behalf.
Be careful of signing anything for an insurance company without first reviewing it with your lawyer. Please feel free to contact me if you have any queries.
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