Ontario Car Accident Lawyer

Ontario Car Accident Attorney

For California residents, driving a car may be one of the most dangerous things we do on a daily basis. There is a constant threat of becoming involved in an auto accident, whether it is our own fault or the fault of another driver.

With the number of drivers on the road in the state, the likelihood is high that you may be involved in a car accident at some point. An Ontario car accident lawyer could be a beneficial resource to have in case this ever happens to you.

What to Do After a Car Accident

If you ever become involved in a car accident in Ontario, CA, it is important to remember to follow these key steps.

• Remain at the scene of the accident. If someone in the accident was injured or killed it is important that everyone remains at the accident scene unless they need immediate medical attention. Fleeing the scene could be damaging to your case later. It could lead to potential hit and run charges that include serious fines and possible jail time.
• Seek necessary medical attention. Call 9-1-1 and get checked out by a medical professional as soon as possible. It is important that your injuries from the accident are documented and addressed. It is common for victims to feel no symptoms initially from the accident and forgo getting medical attention, only to experience serious symptoms later. You want to ensure that your injuries and ailments are addressed promptly and that they factor into the settlement discussion later on.
• Document the accident. If you can, take any pictures and videos you can of the scene. This can help as evidence of what happened and the damages that were inflicted. It is always a good idea to fill out a police report to make sure that the accident is documented with the authorities.
• Contact an accident attorney. This may be the most important step. Contacting an accident attorney is crucial, and it is important that you do so before speaking with an insurance company. If you do happen to speak with an insurance company it is vitally important that you do not admit fault. Admitting fault may be used against you in court from the opposing party. Speak with an accident attorney first and they can advise you on what to do next.

Determining Fault

Determining fault is a very crucial step during a car accident case. It is important to understand that the state of California follows a fault-based system when it comes to car accidents. This means that the person that is found to be at fault for the accident is the one that will be responsible for the related damages inflicted. It should also be noted that insurance companies will typically conduct their own investigations to determine who was at fault for the accident.

What Is Included in the Car Accident Settlement?

The car accident settlement can include both economic damages and non-economic damages.

Economic Damages

Economic damages are the monetary losses suffered from the accident. These types of damages are measurable and easily quantifiable. These damages can include:

• Medical expenses.
• Lost wages or other lost income.
• Damages to property.
• Legal costs.

Non-Economic Damages

Non-economic damages are the non-monetary losses sustained by the victim. These damages are considered to be more subjective, and they are harder to calculate a monetary value for. These types of damages could include:

• Emotional pain.
• Pain and suffering.
• Loss of the ability to enjoy life.
• Loss of companionship.
• Permanent disability.

Punitive Damages

Punitive damages are intended to serve as a form of punishment for the guilty party. They are meant to discourage them and other future parties from engaging in the same illegal or negligent actions. Punitive damages are not as common among car accident cases but if the guilty party was discovered to have displayed extremely reckless, malicious, or intentional actions, then punitive damages may be awarded.

Statute of Limitations

The statute of limitations is a legal timeframe in which individuals have a certain amount of time to be eligible to pursue legal action for an accident. The statute of limitations for car accidents in California is two years. This two-year time frame is from the date of the accident. This means that if you were involved in a car accident, you have up to two years to file a legal claim against the faulty party.

If you do not file a claim within the two-year window then you may not be eligible to pursue financial compensation for your damages or injuries suffered. It is important to note however that there are certain exceptions to this rule. Although they are less common, they are important to be aware of.

• Discovery rule. The discovery rule applies to all personal injuries. This rule states that the two-year statute of limitations period may start from the date that the injury was discovered as opposed to the actual date of the injury. This rule typically applies to injuries that were not immediately evident from the accident.
• Minors. For minors who suffered personal injuries from a car accident, the statute of limitations period may not start until they turn 18 years old. Therefore, they have until their twentieth birthday to pursue legal action for damages and injuries.

FAQs

Q: Can You Sue in Ontario for a Car Accident?

A: Yes, you can sue for a car accident in Ontario. If you were involved in a car accident where it was not your fault, then you may be able to pursue legal action against the faulty driver for the damages and injuries that were sustained. It is important that all drivers on the road are held accountable for their negligent actions, especially if they display reckless driving or any other negligent behavior. Reckless driving could lead to personal injury, and legal action should be taken.

Q: How Do You Deal with a Car Accident in Ontario?

A: The first thing to do immediately following a car accident is to stay calm and call 9-1-1. It is important that you get the necessary medical attention that you need following the accident. Even if you feel fine, there could be injuries that do not show an immediate effect because your adrenaline is so high. It is not uncommon for victims to feel fine immediately after the accident, only to experience severe symptoms a few days after. This is often the case with whiplash injuries.

Q: How Long Do Car Accident Settlements Take in Ontario?

A: The length of time it takes to settle an auto accident can vary depending on several key factors related to the car crash. One factor that can seriously influence the length of time it takes to settle a car accident claim is the cooperation level of all the parties. This can include the victim, the faulty party, any other party involved, and the applicable insurance companies. The number of items that are disputed between these parties will affect the amount of time needed to resolve the case.

Q: What Happens If You Are at Fault in a Car Accident in Ontario?

A: If you are at fault in a car accident in Ontario you could expect a few different things to happen. One thing that could happen is that you could be sued for your actions. If this happens it is important that you engage the help of an accident attorney. An attorney can review your case and help you explore the extent of the legal options available to you. Another thing to expect is that your car insurance premiums will likely increase.

Q: How Is the Settlement Calculated During a Car Accident in Ontario?

A: A car accident settlement in Ontario is calculated based on a multitude of factors related to the accident. Items such as the amount of damage done to the vehicle, the amount of car insurance coverage, any lost wages, the extent of the injuries and medical treatment needed, and the level of negligence discovered will all factor into the car settlement calculation. Car settlements can be settled outside of court. In this case, the involved parties come to an agreement on the settlement amount.

A Car Accident Attorney Can Help

Car accidents are an unfortunate reality for many drivers in the United States, especially in the state of California. Accidents can cause devastating damages and injuries to all parties involved. No matter what the circumstances are within the accident or what the extent of the injuries suffered are, a qualified accident attorney could be the right solution for you. An accident attorney should be engaged in every car accident because they can provide proper legal help.

The legal team at Belgum, Fry & Van Allen has the legal experience needed to successfully resolve any car accident case. With the help of our legal team on your side you can rest assured that you are getting the necessary legal representation needed and that you are getting a fair and reasonable case. Contact our office today to discuss your case with a dedicated member of our legal team.