Motor Vehicle Accident

Motor Vehicle Accident

Have you been seriously injured in a motor vehicle accident? Are you having trouble recovering? Often, it only becomes clear that you can no longer maintain your previous level of activity, professional capacity or quality of life until later on. We can help you get your bearings back. That’s why we’ve been voted Hamilton’s Best Law Firm and Hamilton’s Best Lawyer over 10x and counting.

To have a legal claim for a Motor Vehicle Accident, you need to be what the courts call “seriously injured”. A bump or bruise might be inconvenient and sore, but according to law, its not the same as suffering from a broken leg or concussion causing significant impairment to your wellbeing.

F.A.Q.

Do I need a lawyer if I’ve been in a car accident? Do I need a lawyer if I’ve been hit by a car?

Yes. If you have been in more than a fender bender, or if anyone in the vehicle or a pedestrian has been injured or seriously injured, you should always contact a Personal Injury lawyer for a consultation. At Wissenz Law, we provide free consultations and work with clients that have been seriously injured in motor vehicle accidents, either as drivers, passengers or pedestrians. 

If you have been injured in a car accident or hit by a car, after calling for first responders and seeking medical attention, take pictures of the scene and your injuries if possible. Documentation is an important part of legal proceedings, and the more photographic evidence you have, the stronger your claim will be.

What constitutes the serious part of “seriously injured”?

The seriousness of an injury is subjective, meaning it depends upon the affected person’s own lived experience and livelihood. Its severity can impact functionality at work or at home, or otherwise impair your quality of life. However, in order to make a claim, we must be able to show that your injury has caused you permanent impairment.

For example, let’s say that you get in a relatively minor car accident, and you sustain nerve damage to your hand. You can no longer move your pinky finger, and likely never will again. If you’re an accountant and can still type all the numbers, that might not be considered a big deal. 

But for a surgeon, that pinky could mean the difference between a steady and a shaky scalpel. For a professional pianist, it might mean they no longer have the ability to hit all the notes in a composition. So, in this way, the seriousness of an injury is considered subjective.

However, certain injuries, such as traumatic brain injuries, are considered to be objectively serious, no matter what your work or living situation. 

How much time after my injury do I have to make a claim?

Different cases will have different time restraints, so always book a free consultation. However, it’s best to seek legal counsel as soon as you are able.

In many cases, you may not realize that you’ve been “seriously injured” until some time later. Perhaps you went back to work, but eventually realized that it’s all you can manage. So, your personal and recreational life has been impaired, affecting your overall quality of life. 

If your quality of life has suffered due to a loss in your personal, physical and/or professional capacity as a result of a previous injury, contact us today for a free consultation. 

Does the seriousness of my injury need to impact my earnings?

No. Let’s say you’re retired and that nerve damage to your hand doesn’t impact your earning capacity. But if the injury means you can’t maintain your quality of life, like turning on a stove’s burners to cook for yourself, that’s still considered to be serious.

Sometimes, people go back to work and it’s all they can manage, so their personal life and recreational life is significantly impaired. If you are unable to function like you did before your injury, then it can meet the threshold of severity required to make a claim.

What if I may be partially at fault for the Motor Vehicle Accident?

The degree to which you are or are not at fault for a motor vehicle accident has little impact on whether or not you receive compensation, but it can determine other factors. Even if you are at fault, it is always smart to seek legal guidance through a free consultation.

How long after a Motor Vehicle Accident do I have to make a claim?

Different cases can have different time restraints, so always book a free consultation.

After you’ve been in a motor vehicle accident, you may not realize that you’ve been “seriously injured” right away. In many cases, you won’t or can’t know the degree to which your injury has impaired your quality of life until long afterwards.

For example, you may believe that you are recovering quickly, but eventually it becomes obvious that you can not maintain your previous standard for quality of life, level of physical activity or occupational capacity. 

Perhaps you went back to work, but after some time realized that it’s all you can manage, so your personal and recreational life has been impaired, affecting your overall quality of life. 

Therefore, different cases will have different time constraints, so it’s always a good idea to book a free consultation.

How long after a Motor Vehicle Accident do I have to make a claim?

  • Was I seriously injured? Ie: Was my functionality impaired to the point of negatively impacting my quality of life, personally and/or professionally?
  • Did the police attend the scene? Did you attend a reporting centre? 
  • Are you having trouble recovering? 
  • How long ago was the accident? It is important to know as many details, such as times and dates, as possible.
  • Do you have photographic evidence or eye witnesses to corroborate your claims?