At Sadro Law Group, we work on a contingency fee basis on our personal injury cases. It simply means we don’t get paid on the up-front work and services we provide you on your claim until you get paid. At Sadro Law Group, we understand that when clients are injured in a car accident, the last thing they want to do is to start worrying about seeking legal representation and the associated legal fees. That is why it is our responsibility to provide you reliable and effective representation from the outset. 

Despite you reporting your car accident and damages to your property (vehicle, etc.), it is mandatory to report your injuries to your insurance company if you or a loved one is injured. However, claiming accident benefits and claiming restitution for damages to personal property are two separate claims.

Specific details vary from province to province, but generally, if you, your passengers, or pedestrians are hurt or killed in a car accident, Accident Benefits provides compensation.  

In Ontario, the Statutory Accident Benefits Schedule, also referred to as SABS, is a mandatory no-fault auto-insurance coverage in Ontario and is included with all basic auto insurance policies also provides for:

• Income Replacement, Non-Earner and Caregiver Benefits
• Medical, Rehabilitation, and Attendant Care Benefits
• Death and Funeral Benefits
• Other expenses, like education costs, housekeeping, and maintenance

In Ontario and Nova Scotia, you are permitted to purchase additional Accident Benefits coverage.

If you have automobile insurance in Ontario, Accident Benefits would be claimed from your own insurer, regardless of the vehicle you were in.

If you do not have insurance, then the policy of the vehicle you were riding in at the time of the accident would be implicated, and a claim could be made under that policy. 

Individuals who are no longer able to work because of a motor vehicle accident may be eligible for an Income Replacement Benefit and weekly entitlements of 70% of your gross income up to $400/week.

If the insured has purchased Optional coverage, the amount will increase by up to $100/week.

If you are not able to provide full-time care to a dependant (child or other) because of a catastrophic injury, you may be eligible for Caregiver Benefits. On these bases, you get reimbursed for the expenses you incur when hiring someone else to take over for you.

If the insured has purchased Optional coverage, it will be extended to all injuries.

Medical and Rehabilitation Benefits are accessible to injured claimants for the cost of physiotherapy, prescription medication, chiropractic services, counselling, and transportation to medical appointments that are not covered by OHIP or group insurance plans but listed in the Statutory Accident Benefits Schedule.

In the unfortunate situation where you cannot care for yourself, either at home or in a healthcare facility, and you were seriously injured as a direct result of your motor vehicle accident, you may be eligible for Attending Care Benefits. 

These two category coverages have two separate limits; one for what is considered as “non-catastrophic injuries” – which has been identified as sprains, whiplash or broken bones, and one for “catastrophic” injuries – offered in situations where there has been an (amputation or crushing of limb, quadra/paraplegia, etc.). 

In Ontario, the combined mandatory minimum for Medical Rehabilitation and Attendant Care Benefits coverage is $65,000 for non-catastrophic injuries and $1,000,000 for catastrophic injuries. 

Yes. In the scenario where optional coverage is purchased, one can increase Medical Rehabilitation and Attendant Care Benefits in their:

1.  Non-catastrophic injury limit to $130,000
2. Catastrophic injury limit to $2,000,000; or
3. Non-catastrophic injury limit to $1,000,000 and your catastrophic injury limit to $2,000,000.

However, if one purchased coverage option 3 – the total eligible limit for catastrophic injury becomes $3,000,000.

If your injuries prevent you from carrying on everyday life, and you do not qualify for income replacement benefits or were a full-time student at the time of the accident, you may be eligible for Non-Earner Benefits of $185/Week.

In the case of death due to a motor vehicle accident, the following payments can apply:

• $25,000 to the spouse of the deceased.
• $10,000 to each of the dependants of the deceased
• and up to $6,000 for funeral expenses

As an optional coverage, the above can be increased to:

• $50,000 to the spouse of the deceased 
• $20,000 to each of the dependants of the deceased
• and up to $8,000 for funeral expenses

In the chance that those closest to you incur reasonable and necessary expenses when they visit you during your treatment or recovery, they can request these expenses be covered. Those considered eligible for this expense include one’s spouse, children, grandchildren, parents, grandparents, siblings, certain other dependants, guardians, and those living with you at the time of the accident. Expenses can be claimed for a maximum of 104 weeks after the accident unless injuries are catastrophic.

Those who cannot continue their studies, including elementary, secondary, post-secondary or continuing education programs, because of injuries they suffered as a direct result of their motor vehicle injury can claim their Lost Educational Expenses. For tuition, books, equipment, and lodging, expenses incurred before the accident for a maximum benefit of $15,000 will be covered.

If you have experienced catastrophic injuries in an auto accident and need to hire someone to carry out your housekeeping or home maintenance responsibilities, you can claim housekeeping and home maintenance expenses. You are entitled to up to $100/week.

Some accidents are considered so significant and devastating that the Ontario government has deemed those individuals catastrophic, and their motor vehicle accident claims are given special attention. 

These cases are commonly referred to as “CAT Claims” and are dealt with the utmost care at Sadro Law Group. 

Applicability of CAT is based on passing a special legal formula and test, and the process starts with one’s family doctor or treating doctor and/or surgeon completing an OCF-19 form. If CAT eligibility is met, a wider variety and greater amounts of accident benefit will apply as individuals and their loved ones affected by the motor vehicle accident need greater limits. The specific benefits change constantly; however, examples of injuries passing the CAT Claim tests are multiple orthopedic injuries, spinal cord, brain injury, limb loss, and paraplegia. At Sadro Law Group, we can assess your claim for catastrophic impairment and take the necessary steps to represent your claim. 

If you are involved in a motor vehicle accident in Ontario, there is a statutory deductible imposed on non-pecuniary general (pain and suffering) damages below a certain monetary threshold. Every year the monetary threshold gets adjusted for inflation, but in 2019, the defendant insurance company is entitled to deduct $38,818.97 from an award for pain and suffering under $129,395.49. What does this mean for the victim? In other words, if your claim is worth less than the statutory threshold of $129,395.49, the Ontario courts will automatically apply the deductible of $38,818.97 from every award rendered.

You cannot receive any loss of income for the first seven days after the collision.

Yes. In the event of injury, family members can sue for loss of care, guidance and companionship. These claims are subject to a $19,409.49 deductible. However, the deductible doesn’t apply if the award for damages exceeds $64,697.21. Furthermore, in the event of death, family members can sue for their loss of care, guidance and companionship. In addition, they may have dependency claims for the loss of shared family income, loss of household services and many other damages.

The threshold and deductible only apply when you are suing for non-pecuniary general damages.

Before trial, you can receive only 70% of your gross income (minus accident benefits or other collateral benefits). After trial, you can receive 100% of your gross loss of income. In some instances, you may have to assign over any future collateral benefits you are entitled to in the future.

A collateral benefit includes payments for loss of income from other private or public plans, such as income replacement benefits, long-term disability benefits, or CPP disability payments.

If you have sustained a threshold crossing injury, you are permitted to claim the cost of all medical and rehabilitation expenses incurred as a result of your accident, above amounts paid or available from your own insurer.

A common example of “other pecuniary losses” is the cost of hiring someone to perform your daily activities (e.g. household chores) that you are no longer capable of doing because of your accident. Due to the nature of your unique claim, please contact our offices to discuss your claim further. At Sadro Law Group, we understand that no two claims are the same. As a result, to encompass every scenario possible, it is best for you to contact us to discuss your claim.