Accident Benefit Claims

Accident Benefit Claims

Accident benefits claims are available to anyone who has been involved in a motor vehicle accident in every case. Eshel Law Firm will be your trusted advisor for claiming your benefits after the accident.

Eshel Law Firm will make sure that you can relax and recover from your injuries as a result as motor vehicle accident while we are taking care of all aspect of your claim and provide you with the compensation that you are deserve.

The following accident benefits are available for you:

  • Income Loss Benefits : if you were employed you can claim for Income Replacement benefits, up to 70% of your gross income from your employment prior to accident, to a maximum of $400.00 weekly or more based on type of insurance policy that you purchased. The income benefit is available for first two years after the accident if you have a medical proof that you are substantially suffering from inability to perform the essential tasks of your employment. The income benefit can continue to be paid after two years if you have a medical proof that you are completely unable to return to your previous employment for which you are educated or trained for.
  • Non- Earner Benefits : If you were unemployed when the accident happened you might be entitled to claim for this benefit beyond 180 days from your motor vehicle accident as long as you can prove that you suffer inability to do daily tasks after six months from the date of the accident. The amount would be $185 per week.
  • Caregiver Benefits – If you were a caregiver at the time of the accident and can no longer sustain your care giving duties you have the right to receive the costs of paying for professional care up to $250.00 weekly for first child, plus $50.00 for every additional child. You can only claim for this benefit if you purchased this coverage with your insurance policy at the time of accident.
  • Housekeeping Benefits – If you are doing any type of household duties prior to accident and since the accident can no longer sustain the ability to perform these duties, you have the right to receive the costs of paying for professional care weekly. You can only claim for this benefit if you purchased this coverage with your insurance policy at the time of accident.
  • Medical and rehabilitation – If your injuries fall within the definition of Minor Injury Guideline (MIG) you can claim up to $3,500. If your injuries fall outside MIG your medical costs are capped at $50,000.00. If your injury is tragic, or “catastrophic” as outlined in the regulations, the benefit amount increases to $1,000,000,00.
  • Attendant care benefits – are restricted to $36,000.00 per year unless your injury is “catastrophic” in which the benefits increase to $1,000,000.00.
  • Death benefits – $25,000 are payable to the deceased’s spouse and an extra $10,000.00 is given to each of the deceased’s dependents.
  • Funeral expenses – are paid to a limit of $6,000.00.

Eshel Law Firm will represent victims of motor vehicle accidents and help them in the following ways:

  • We advise clients about their rights under Statutory Accident Benefits (SABS) including complete, or help our clients complete, the necessary application forms.
  • We handle our client’s case, including negotiating with the insurance company.
  • We attend Alternative Dispute Resolution proceedings at the Financial Services Commission of Ontario (FSCO), in Small Claims Court, or in a private arbitration.
  • We negotiate the settlement of accident benefits claims.