Injury Lawyers Since 1984

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Car Accident Lawyer Toronto

Boland Romaine LLP are car accident lawyers located in Toronto, Ontario that serve accident victims across the GTA and the Province of Ontario. If you have been seriously hurt in a car accident, we encourage you to call our office today and arrange for a free consultation to discuss your rights and how we can help.

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Car Accident Lawyer

Successful Judgements

When They Fight, We Fight Harder

The Expertise of a Boutique Law Firm with the Resources of a Full-Service Law Firm

Trial experience settles cases fairly, and trial experience will protect the injured if negotiations break down. A lawyer for the injured needs the fortitude to say “no” to unreasonable offers and the commitment and skill to take the injured person’s case to trial.

For more than four decades, our trusted Toronto personal Injury lawyers have won millions of dollars in compensation for clients to recover the cost of medical bills and lost wages as well as damages for both pain and suffering. The firm was founded on a set of core values that we still strive to live by every day; namely, integrity, excellence and professionalism. These values remain as important to us now as when we began.

Being injured in an accident of any kind is a traumatic experience and can be devastating for both the injured person and their loved ones. It is essential to have a strong support system as the stress of dealing with the aftermath of a serious accident can quickly become unbearable.

Orthopaedic Injury Lawyer

How Soon After A Car Accident Can I Sue?

 

If you or a loved one has been involved in a car accident, know that you don’t have to face this challenging time alone. We are here to provide a dependable support system for you and your family. With extensive experience in handling motor vehicle accident cases, we are equipped to provide the answers you need while connecting you with the necessary resources.

 

Our dedicated lawyers will work alongside you to ensure you receive the benefits you’re entitled to, all while helping to ease the stress on you and your loved ones throughout the process.

Understanding the Severity of Car Accidents

What is My Car Accident Claim Worth?

It is worth fighting for. A personal injury lawsuit attempts to restore you to the financial position you would have been in had the motor vehicle accident not happened. For those with significant losses of income or new lifelong expenses, a personal injury lawsuit is your only means to protect your future and replace what you have lost.
Evaluating a personal injury claim following a motor vehicle accident involves making informed predictions about how a judge or jury would decide the lawsuit at a trial. For this reason, seriously injured motorists should consult with personal injury lawyers that specialize in motor vehicle accident litigation and that have a proven track record of success at trial. Click here to learn about Boland Romaine’s successful outcomes at trial involving motor vehicle accidents.

What Compensation Am I Entitled To?

The legislation that governs motor vehicle accident claims allows for recovery of compensation from the at-fault driver’s insurance company (the tort claim) and from your own insurance company (the no-fault accident benefits claim).

What is a tort claim?

In the tort claim, you seek compensation from the at -fault driver by commencing a civil lawsuit in the Ontario Superior Court of Justice. Depending on the severity of your injuries, there are a number of categories of damages which you may be able to recover from the negligent defendant driver in the tort claim.  You will be entitled to general damages which compensate you for your pain and suffering and loss of enjoyment of life.

 

We will look at the nature and severity of your injuries, the pain and suffering that you have and will endure, the treatment that you have and will undergo, and how your accident-related symptoms interfere with your enjoyment of life, including interacting with family members, recreational, social and work activities.


You will also be entitled to claim for past and future loss of income if you have been seriously hurt in a motor vehicle accident and are unable to return to work. We will obtain employment records and income tax records to demonstrate your pre-accident earning potential, the shortfall in your earnings and how your ongoing symptoms will interfere with or prevent your ability to work in the future.

 

If you have long-term disability coverage, you may be entitled to claim long-term disability directly from your insurance company. Click here to learn more about your rights to long-term disability insurance.

You will also be entitled to compensation for all out-of-pocket expenses and future care claims which will include healthcare expenses not covered under OHIP, such as physiotherapy, massage therapy, psychological counselling, and prescription medication

What Is An Accident Benefits Claim?

With respect to the no-fault accident benefit claim, every motor vehicle insurance policy contains mandatory no-fault accident benefits coverage that is provided by your auto insurance company. You are entitled to these accident benefits from your own auto insurance company regardless of who was to blame for the collision, and regardless of the seriousness of your injuries.

Can I Claim Against The Municipality For The Condition Of The Road?
You may have a claim against the municipality or region that has jurisdiction of the roadway where your motor vehicle accident occurred if you can establish that the accident was caused due to roadway design issues or improper winter maintenance.

Boland Romaine has developed special expertise in motor vehicle accidents involving negligent municipalities or regions. In Wasylyk v Simcoe County, we were successful in obtaining a $16 million trial judgment on behalf of a severely brain injured motorist that lost control of her vehicle as a result of the County’s failure to comply with the minimum standards and keep the roadway free of winter hazards. 

How Soon After a Car Accident Can I Sue?

You are required to bring any lawsuit arising from a motor vehicle accident in Ontario within two years of the date of your accident. This is known as the limitations period. This is a hard deadline, with very limited exceptions, and failure to start a lawsuit within two years of your motor vehicle accident may bar you from seeking your maximum compensation. To allow enough time to investigate the circumstances of the accident, draft a statement of claim, and have your claim issued by the Court, you should contact a personal injury lawyer as soon after your accident as possible.

Making an Insurance Claim

Accident Benefits

  1. You may be entitled to receive Accident Benefits, also called no-fault benefits, from your insurance company, regardless of who is at fault for the car accident.

Award of Damages

  1. You must notify your insurance company within seven days, or as soon as reasonably possible, that you wish to apply for no-fault accident benefits. You must file a completed Application Form with your insurance company within 30 days after receiving it.

No-fault accident benefits claim

When involved in a motor vehicle collision in Ontario, you can claim benefits from your own insurance company, regardless of who was at fault. This is usually the first course of action following a car accident. 

Tort Claim

If you are a driver, passenger, cyclist or pedestrian injured in a car accident in Ontario and another person is at fault (or partially at fault), you can pursue legal action against the person or persons responsible for negligence. Under personal injury law, a tort claim allows you to claim compensation for damages caused by another party’s negligence.

What can I sue for?

There are various categories of damages that an injured party can seek compensation for by way of a lawsuit, including:

  • Pain, suffering, and loss of enjoyment of life
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  • Loss of income
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  • Health care expenses
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  • Family Law Act damages (i.e. claims by certain family members)
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  • Housekeeping and home maintenance expenses
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  • Other quantified losses

What is The Threshold?

To file a tort claim, you must demonstrate that your injury meets the “threshold” outlined in the Insurance Act. The threshold defines the level of severity required for an injury to qualify. To meet this standard, your injury must result in either:

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  • A permanent, serious impairment of an important physical, mental, or psychological function; or
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  • A permanent, serious disfigurement.

 

A personal injury lawyer can assist in evaluating whether your injury is likely to meet this threshold.

If you were injured by an uninsured or unidentified party, it’s important to seek legal advice. Consult a personal injury lawyer to determine whether you are eligible to file a Tort or Accident Benefits claim.

Top Causes of Car Accidents

Each of these factors can contribute significantly to the risk of a car accident:

Emotional and Financial Stress Resulting from Car Accidents

The emotional and financial toll of a car accident can be overwhelming. Families often face additional stress as they may need to leave jobs or put other responsibilities on hold to support a loved one’s recovery, leading to a further loss of income. Moreover, some medical treatments or therapies may not be fully covered by healthcare insurance or other policies, causing significant financial strain. These challenges can heighten emotions and make an already difficult situation even more exhausting for everyone involved.

A car accident resulting in personal injury can place immense stress not only on the victim but also on their entire family and close friends. In many cases, victims may never fully regain the life they had before the accident, resulting in permanent changes that affect countless lives forever.

What Can I Sue For?

There are various categories of damages that an injured party can seek compensation for by way of a lawsuit, including: pain and suffering, loss of income, health care expenses, Family Law Act damages (i.e. claims by certain family members), Housekeeping and home maintenance expenses, Other quantified losses

What is the threshold?

To make a tort claim, you must prove that your injury meets the “threshold” defined by the Insurance Act. The threshold is a description of the level of severity your injury must meet. To meet the threshold, your injury must result in a: permanent serious impairment of an important physical, mental or psychological function; or permanent serious disfigurement. Our car accident  injury lawyers can help you determine the likelihood that you will meet the threshold.

What if my injury meets the threshold?

If your injury meets the threshold, you may be entitled to recover damages from a car accident for pain, suffering, loss of enjoyment of life, health care expenses, Family Law Act damages, and other quantified losses

What if the at-fault party doesn’t have insurance?

If an uninsured or unknown party injured you, you should still seek out legal counsel. Consult a personal injury lawyer and learn if you can make a Tort or Accident Benefits claim.

Should I provide a statement to the insurance company?

It is highly recommended that you do not provide a statement about your accident or injuries to the insurance company of the party at fault for your injuries, whether you feel fine or are in pain, without first consulting a personal injury lawyer. 
Personal injury Lawyer Toronto

Ontario’s Accident Benefit Coverage

The severity of injury has a dramatic effect on a person’s right to claim medical, rehabilitation and attendant care benefits. A non-catastrophically injured person is entitled to a maximum of $65,000.00 for these expenses while a catastrophically injured person is entitled to a maximum of $1,000,000.00 for medical expenses.  Our car accident lawyers have a proven track record of success in obtaining a catastrophic designation for our seriously injured car accident victims.

Keep Good Notes

Keeping a diary of your daily experiences and noting how your injuries impact your normal activities, such as bending or walking, is highly recommended. If your court case extends over several years after the accident, this diary can serve as a valuable tool to help refresh your memory. Additionally, retain anything related to your injuries, such as prescriptions, medical aids, or relevant photographs. These items are considered objective evidence and are highly regarded in accident cases.

How Does a Car Accident Lawyer Help?

Working with a car accident lawyer will also reduce the amount of time your case takes because such a lawyer will know how to best approach your situation. They can help you navigate through the various stages of a lawsuit and advise you when it might be beneficial to settle out of court through arbitration, mediation, or negotiation. If not settled, you need lawyers on your side with experience in the courtroom to get the upmost fair resolution. 

When It's Your Life, Don't Settle

When other personal injury lawyers choose the easiest path and settle, we stay the course and fight for what your case is truly worth based on the injuries and losses you have suffered.

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Orthopaedic Injury Lawyer

Your Future is Worth Fighting for

Boland Romaine has a proven track record of obtaining significant settlements for clients, including multi-million-dollar awards for catastrophic injuries such as spinal cord injuries and traumatic brain injuries. Their unwavering commitment to excellence has earned the firm recognition in prestigious legal directories, including Best Lawyers in Canada and the Lexpert directory.
For those whose lives have been profoundly impacted by car accidents, Boland Romaine offers free consultations to discuss potential claims and provide guidance on the legal process. The firm’s compassionate and dedicated team is committed to helping clients rebuild their lives after devastating accidents, ensuring they receive the justice and support they need to move forward.

When They Fight We Fight Harder

Operating on a contingency fee basis, Boland Romaine ensures that clients do not pay legal fees unless their claim is successfully resolved. This approach makes legal representation accessible to everyone, regardless of their financial situation. By focusing on a select number of seriously injured clients, the firm provides personalized attention and dedicated resources to achieve the best possible outcomes.

Trial Experience Questions

Gather the Evidence Make an Informed Decision

An injury lawyer who is either afraid, inexperienced, or cannot afford to go to trial may ultimately end up costing you thousands in compensation you are rightfully owed. 

Trial Experience Questions Timothy
Boland
Darcy
Romaine
Do you, personally, regularly take cases to trial?
Have you, personaly, won cases like mine at trial?
Do you, personally, have precedent- setting decisions?
Can I see your written decisions and jury verdicts?

Frequently Asked Questions

How can a personal injury lawyer help me?
An accident can lead to lifelong consequences for those involved. If you’ve suffered serious injuries due to someone else’s negligence, you may feel overwhelmed by emotional trauma, medical bills, securing treatment, and navigating insurance claims. Additionally, you likely want to regain the position you were in before the accident. This is why hiring a personal injury lawyer is essential—they can guide you through the process and help protect your rights.
  • Do you, personally, regularly take cases to trial?
  • Have you, personally, won cases like mine at trial?
  • Do you, personally, have precedent-setting decisions?
  • Are they leaders in the legal community?
  • Can I see your written decisions and jury verdicts?
  • Have your peers endorsed you for your inclusion in BestLawyers. com peer review directory?
  • Have legal publications recognized your firm as a Top 10 Personal Injury Law Firm in Canada?
  • Have you published extensively in the field of personal injury?
  • Do you teach other lawyers how to conduct trials?
  • Are you invited to speak at conferences regarding trial work?
  • Are you, or have you been, a board member of the Ontario Trial Lawyers Association?

If you or a loved one has suffered a serious injury due to someone else’s negligence, you may be able to advance a claim for personal injury. The facts and circumstances of each case are unique, as well as the legal elements required to be satisfied. Consulting an experienced personal injury lawyer to discuss your case and provide advice on whether you have a case is the next step.

If your LTD claim has been denied, a disability lawyer can help by:

  • Sending your relevant medical information to your insurance company.
  • Ensuring you meet all timelines set out in your insurance policy.
  • Working with the doctors who are treating you (and other expert doctors, if necessary), to obtain the proper documentation needed to address to the specific provisions of your insurance policy. This is particularly important because often the forms sent to you by your insurance company can be very biased. Knowing what the right questions are to ask your doctor can often be the difference between having your claim approved, rather than denied.
  • Moving your case toward resolution through the settlement negotiations or, if necessary, the legal process.

Don’t speak to the adjuster from the insurance company.

When you consult with us, we will advise you as to your rights and options and we will help you understand your insurance policy and its terms. You may have different options available to you such as suing the other driver or you may be eligible for income replacement benefits and short-term disability.

we don’t require much information at our initial consultation, other than your memory of when, where, and how the accident happened; what injuries you’ve sustained and how it’s affected you.

Each personal injury case is unique, which is what constitutes the long durations until a settlement is achieved. Several factors go towards determining a fair value for your case. That includes, but is not limited to, the severity of the injury, the medication and treatment required for recovery, physical and mental therapy for further rehabilitation, compensation for pain and suffering, expenses required to maintain a living across a period when you are unable to return to regular activities, etc

The most important thing to do after an incident resulting in a personal injury is to focus on recovery. The next step is to start doing research for a personal injury lawyer that is right for you. Look for information regarding their qualifications, experience, and reputation among their peers.

Also consider these critical steps after an injury after seeking medical help.

  1. Report the Incident: Notify relevant authorities (police, workplace, property owner).
  2. Document Evidence: Take photos, gather witness info, and keep medical records.
  3. Track Expenses: Save all receipts related to medical care and other costs.
  4. Avoid Discussing the Case: Don’t post on social media or discuss details with others.
  5. Consult a Lawyer: Seek legal advice to understand your rights and options.

In most cases, you have 2 two years from the date of the incident to file a lawsuit. This is called the limitation period. If you were injured while you were a minor, you have two years from the date you turn 18 to file a lawsuit or two years from the date a litigation guardian is appointed on behalf of the minor. In certain circumstances, this general limitation period of 2 two years from the date of the incident does not apply. The period may be longer, or it may be shorter. For this reason, it is important to contact a personal injury lawyer as soon as possible to start the process of filing your lawsuit.

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Your Future is Worth Fighting for.

Car Accident Lawyer Toronto

Our car accident lawyer knows exactly how to build a strong case and will help guide you through the process. We will advise you on the most relevant evidence to include in order to show how your injury has affected your life.

Building a strong case means we will:

  • find and talk to witnesses who saw the accident and can testify on your behalf
  • Gather the police reports and accident reports from the event
  • Prove liability
  • Have medical experts examine and analyze your medical records
  • Calculate your damages

A Boland Romaine car accident lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.