How much is my car accident claim worth?
Many websites have personal Injury settlement claim calculators, but the results are highly inaccurate. It is hardly useful to a plaintiff to know their case could be worth somewhere between $10,000.00 – $150,000.00.
The reality is, there are many variables that can affect the value of a case. Two people involved in the same car accident suffering the same injuries could have radically different settlements, depending on everything from their work history, future work potential, age and life expectancy, number of dependents, as well as their overall likeability and credibility.
If you really want to use a personal injury settlement value calculator, let us help you the best we can.
Speak to an Ontario Personal Injury Lawyer for free by telephone, WhatsApp, WeChat, Text Messaging (SMS) or Zoom with Instant Lawyer.
What goes into the value of my motor vehicle accident claim?
Do you qualify for both Accident Benefits and Tort? If so, you may be looking at two separate settlements. Most calculators don’t even tell you that much.
1. What is an Accident Benefits claim settlement value comprised of?
Depending on your situation, it can include the following components:
-Income Replacement Benefits (usually up to $400/week)
-Non-Earner Benefits (usually $185/week)
-Caregiving Benefits (not applicable unless optional benefits were purchased or if catastrophic impairment found)
-Housekeeping Benefits (not applicable unless optional benefits were purchased or if catastrophic impairment found)
-Attendant Care (usually up to $3000/month, based on incurred expenses. Limits may increase if catastrophic impairment found)
-Medical and Rehabilitation (limits depending on whether a plaintiff is in the minor injury guidelines, non-MIG or catastrophic impairment).
Medical and Rehabilitation limits alone can range anywhere from $3500 total (for minor injury claims) to $1 million (or more, if optional benefits were purchased). As you see, the range is huge. A lawyer can fight to get you out of certain categories into a category with bigger limits. A motor vehicle settlement calculator would not be able to predict with any certainty whether or not your injuries can put you out of the MIG guidelines.
2. What is a lawsuit (tort claim) settlement value comprised of?
You qualify for a tort claim if you are not 100% at-fault for an accident. The value of your claim will be reduced by the % fault you have for the accident. Again, something a personal injury settlement calculator cannot tell you.
You can claim the following components, depending on your situation:
-General Damages (damages for pain and suffering, also known as non-pecuniary damages) In Ontario, these claims are subject to two things: The Threshold (is it a serious and permanent injury) and the Statutory Deductible (currently at close to $40,000.00).
-Income Loss (less what other insurers have paid you for your income loss, including what the Accident Benefits insurer has paid you)
-Loss of competitive advantage, future income loss (means compensation for lost opportunities, lost promotions at work as well as future wage loss)
-Housekeeping expenses (keep those receipts!)
-Attendant Care expenses (above and beyond what Accident Benefits paid)
-Caregiving expenses (if you had to hire a babysitter or personal support worker to care for someone you used to care for, as an example. Again, save those receipts)
-Future treatment expenses (again, over and above what Accident Benefits paid you)
-Out of pocket expenses
-This is not an exhaustive list by any means, but gives you some insight as to what a lawsuit can include. Not all heads of damages are available for every claim.
Speak to an Ontario Personal Injury Lawyer for free by telephone, WhatsApp, WeChat, Text Messaging (SMS) or Zoom with Instant Lawyer.