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Ask The PIA

When a person is affected by a catastrophic injury, either themselves or a loved one, there are many questions. Below we have answered some of the more common questions asked by our clients:

What happens when Iā€™m discharged from the hospital?

Accident benefits can pay for a wide variety of items and services that an injured person requires. It is important that your lawyer provides you with the right occupational therapist or case manager.

Should I talk to the insurance company before I have consulted with a lawyer?

No. All discussions with any insurance company should take place after you have been advised of your rights and consulted with a lawyer. Insurance companies fully understand if you provide your lawyer’s name and telephone number, and request that all initial discussions be with your lawyer.

How do I complete all the forms?

You shouldn’t. The forms should be completed by an accident benefits coordinator. Completion of the forms the correct way requires skill and experience. The omission or incorrect usage of a phrase or a sentence can have long-term detrimental consequences.

What if my injuries prevent me from working?

You can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 70% of your gross loss of income up to a maximum of $400.00 per week. You may also be entitled to receive short-term disability benefits and/or long-term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer. Lastly, you may apply to Canada Pension Plan for a disability pension in certain circumstances. In addition to these benefits, you are entitled to claim for remaining loss of income in your lawsuit.

What benefits am I entitled to if I was not working?

If you were the primary caregiver for someone in your home before the accident and you are not able to continue providing care after the accident, you may be entitled to receive caregiver benefits of up to $250.00 per week. You may be entitled to an additional $50.00 per week for every other person you were taking care of before the accident.

Even if you were not the primary caregiver for someone in your home, you may be entitled to non-earner benefits of $185.00 per week, beginning six months after the accident, if you are completely unable to carry on a normal life. You must be at least 16-years-old to receive non-earner benefits.

What if I am a student and can't return to school?

If you cannot return to school, you are eligible for lost educational expenses incurred before the accident for tuition, books, equipment, or room and board. The expense cannot exceed $15,000.00.

What if I am a pedestrian or cyclist and don't have insurance?

You are still entitled to receive benefits from the accident benefit insurance company or the Motor Vehicle Accident Claims Fund. In addition, you can start a lawsuit against the at-fault driver.

What if I'm at fault for the accident?

You are still able to receive full accident benefits. If your injuries are serious, these benefits may be substantial.

Do I have the right to choose my own case manager and treatment providers, or must I accept those assigned by the insurance company?

You have the right to choose the person who will manage your care, treat your injuries, and direct your rehabilitation. The right lawyer can help you make an informed choice.

These are the most common questions. We would encourage you to contact us for a no-cost, no-obligation consultation by completing the form on this page or by calling us directly. We are happy to answer your questions.

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