Like it or not car accidents happen on a daily basis. Even though the legislation of Ontario which provides the vehicular regulations is pretty stringent and strict, the truth is that car accidents are quite the common occurrence. Some might argue that this is due to the lack of control while others are going to blame the drivers themselves but it’s important to pay attention on the aftermath of this terrible event one that it has already happened. The loss of the one you love or a family member is without a doubt going to be incredibly devastating. However, the truth is that you need to look past your sorrow and understand that the chances are that the accident has happened because of someone’s incompetence. This is why the legislation poses strict provisions which take care of the consequences of a car crash – both physical and emotional.
A regular car accident case
The most common scenario would be for the insurance company to cover the damages but there are certain situations under which this wouldn’t be applicable. There are some scenarios which are dully laid out in the Insurance Act of Ontario under which the driver is going to be responsible for the damages and the insurance company wouldn’t cover them. The most common trial case which involves a car accident would be consisted of two parties – the claimant and the defendant and it’s commonly going to be a civil lawsuit unless there are criminal charges pressed against the one who’s responsible. While this is an unlikely scenario, it’s not completely excluded for the claimant to demand pressing of criminal charges under which circumstances the trial would be led by a prosecutor.
Claiming damages for pain and suffering and physical damages
Now, the majority of the physical damages such as medical bills and other of the kind would likely be covered by the insurance company as they are in almost all insurance contracts. However, when it comes to dealing with damages for pain and suffering or emotional trauma, the situation changes dramatically. The majority of the cases involving claims of the kind are going to be for a significant amount of money and the insurance is most certainly not going to cover them.
Furthermore, they are of entirely different essence than what the regular insurance companies would provide coverage for. However, you have to understand that getting the court to rule a decision which provides the claimant with significant compensation for his pain and suffering is not easy and it requires thorough preparation and a lot of convincing. You need to have perfect grounds for your case and you need to convince the judge that the suffering is indeed real. Your personal injury lawyer will be able to draft a strong case and ensure all bases are covered irrespective of whether the case is mediated out of court or it goes on trial.