Expertise

Accident Benefits

Regardless of fault, any person injured in a motor vehicle accident is entitled to bring a claim for accident benefits.

Claims can be made for medical, rehabilitation, and attendant care needs.  You may also seek caregiver, non-earner, or income replacement benefits.

Your potential coverage includes:

Accident BenefitsCoverage
Medical and Rehabilitation BenefitBase Coverage is up to $65,000 unless you have a “minor injury”, where benefits are capped at $3,500.However, if you suffered “catastrophic” injuries, you may be eligible to claim up to $1,000,000.
Attendant Care BenefitBase Coverage is $3,000 a month up to $65,000. However, if you suffered “catastrophic” injuries, you may be eligible for $6,000 a month up to $1,000,000.
Income Replacement BenefitBase Coverage is the lower of $400 per week or 70% of your gross earnings.
Non-Earner BenefitBase coverage is $185 per week.
Caregiver BenefitIf you suffered “catastrophic injuries,” base coverage is up to $250 per week for the first dependent in need of care, plus $50 per week for each additional dependent.
Lost Educational ExpensesBase coverage is up to $15,000.
Visitors ExpensesBase coverage is unlimited.
Damage to clothing, glasses, hearing aids or other medical devicesBase coverage is limited to the repair or replacement cost of the damaged items.
Housekeeping and Home Maintenance BenefitBase coverage is up to $100 per week but is available only if you suffered “catastrophic” injuries.
Death BenefitBase coverage is $25,000 to the deceased’s spouse in addition to $10,000 to each of the deceased’s dependents.
Funeral BenefitBase coverage is up to $6,000.

Accident benefit claims are usually brought against your own insurance company.  If you do not have an insurance policy, then you will have access to the insurance policy of another vehicle involved in the accident.  If no insurance policy is identified, then your claim will be made with the Motor Vehicle Accident Claims Fund.

If you purchased the option to increase your accident benefits coverage from your insurer, you will be eligible to claim greater benefits than those described above.

Contact us now to get your free consultation to ensure that your legal rights are protected.  Put our expert knowledge in personal injury law at work for you.

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Assault & Sexual Assault

Physical and sexual aggression can leave emotional scars that last a lifetime.  If the aggressor is a person who had power and authority over you, such as an employer, teacher, religious official, or parent, it may take years before you have the strength and conviction to seek compensation for your suffering.

Fortunately, the law in Ontario may allow you to bring a claim, even if many years have passed since the abuse took place.

For more information about the time periods relating to assault and sexual assault matters, consult this published legal article, co-authored by Adrian Lomaga.

Trust the expertise of Adrian Lomaga to guide you through the legal process.  His persistence, dedication, and compassion will help you cope and secure the just result you deserve.

Contact us now to get your free consultation to ensure that your legal rights are protected.  Put our expert knowledge in personal injury law at work for you.

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Car Accident

A second of carelessness can have devastating life-altering consequences. If you or a loved one has been injured in a motor vehicle accident, or a loved one has been killed in a motor vehicle accident, depending on the circumstances, you may have two potential claims.

First, you have a claim against your own, or another, insurance company for accident benefits.

Second, you might be able to bring a claim directly against the driver and owner of the vehicle that hit you.

Regardless of who is at fault for the collision, your accident benefits claim will entitle you to request payment for any reasonable and necessary medical, rehabilitation, and attendant care needs. Depending on your circumstances, you may also be eligible to request caregiver, non-earner, or income replacement benefits.

If you are not responsible for the accident, then you may also consider bringing a claim against the vehicle’s driver and owner who is at fault. For people who suffer serious and ongoing injuries, the court may award damages for pain and suffering, as well as for any losses not covered by your accident benefits claim. This may include future income losses, medical care costs, and housekeeping and home maintenance costs.

There are strict timelines. After an accident, you have:

• 7 days to contact the accident benefits insurance company
• 30 days to apply for accident benefits
• 120 days to give written notice that you intend to sue any at-fault drivers and owners
• 2 years to start a lawsuit

Contact us now to get your free consultation to ensure that your legal rights are protected. Put our expert knowledge in personal injury law at work for you.

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Disability Law

Many people rely on short-term or long-term disability benefits to help pay for living expenses while recovering from sickness or injury.  Unfortunately, insurance companies often deny claims despite receiving medical records supporting time off from work.  Just as you are struggling to make ends meet and get your health back, the stress caused by such a denial can prolong your recovery and cause financial ruin.

Each disability policy is unique.  It is important to work with a lawyer who is knowledgeable about this area of the law to give you proper advice on the amount and duration of coverage available to you based on your specific policy.

Most long-term disability policies have two qualifying periods.  Benefits for the first two years of disability are payable if you are unable to return to the same job you had before you fell sick.  Benefits after two years of disability are payable if you are unable to do any work for which you are qualified by education, training, or experience.

Contact us now to get your free consultation to ensure that your legal rights are protected.  Put our expert knowledge in personal injury law at work for you.

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Dog Bite

Dog bites can result in permanent scarring and other lifelong injuries.  If you suffered from a dog attack, you may have a claim against the dog owner and the dog’s keeper.  You can claim compensation for your pain and suffering, medical and rehabilitation expenses, and lost income.

Under Ontario’s Dog Owners’ Liability Act, the dog owner will be found responsible for any damage caused by the dog.  However, if you provoked the dog, you may be found partly responsible for your injuries.

Dog bite claims are usually defended through a homeowner’s or renter’s insurance policy.  Where such insurance exists, you will not have to worry about trying to enforce a court judgment.

Dog bites can cause physical and emotional suffering.  Don’t be a victim.  By bringing a claim, not only will you secure the compensation you deserve, but you will also protect others from becoming victims.

Contact us now to get your free consultation to ensure that your legal rights are protected.  Put our expert knowledge in personal injury law at work for you.

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Medical Malpractice

Doctors and other health care providers have a legal obligation to provide you with an appropriate level of care.  When substandard care causes injury, disease, or death, you may be entitled to compensation.

Medical malpractice lawsuits often arise from:

  • Misdiagnosis
  • Wrongful death
  • Surgical error
  • Anesthesia error
  • Prescribing inappropriate medication
  • Birth defects
  • Failure to refer you to a specialist
  • Failure to inform you of a test result

Many personal injury lawyers avoid medical malpractice cases because they are difficult and time-consuming.  We have the experience, skill, and passion to help you with your case.  All victims deserve the quality legal representation we can provide, no matter how difficult the road to justice may be.

Contact us now to get your free consultation to ensure that your legal rights are protected.  Put our expert knowledge in personal injury law at work for you.

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Nursing Home Abuse

We trust nursing homes to provide our loved ones with the care, attention, and professionalism that they deserve.  Unfortunately, carelessness and negligence by the nurses and other staff at nursing homes can leave our loved ones neglected, injured, or even facing a premature death.

If you or a loved one has suffered nursing home abuse or neglect, do not let embarrassment or fear stop you from pursuing a claim.  Not only do you or your loved one deserve compensation for the abuse suffered, but also, the substandard care provided by the nursing home must stop.

Contact us now to get your free consultation to ensure that your legal rights are protected.  Put our expert knowledge in personal injury law at work for you.

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Product Liability

Defective products can cause severe and permanent injuries.  A collapsing chair, an exploding soda can, an unsafe toy, a faulty medical device, a toxic food item, a blown tire – these are examples of defective goods that may cause serious personal injuries.

If you suffered as a result of a defective product, you may have a claim against the person who sold you the item.  You may also have a claim against the person who made the product, assembled it, or designed it.

As with most personal injury claims, you will be able to seek compensation for your pain and suffering, income loss, housekeeping expenses, attendant care, as well as your medical and rehabilitation costs.

Contact us now to get your free consultation to ensure that your legal rights are protected.  Put our expert knowledge in personal injury law at work for you.

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Professional Negligence

Professionals are supposed to be experts in their field.  You rely on them to guide you through life’s challenging decisions.

When you work with a lawyer, engineer, accountant, health care practitioner, home inspector, builder, real estate agent, insurance broker, or any other person who has special expertise, courts recognize that you relied on that person’s advice.  If that professional gave bad advice, which caused you to suffer injuries, you may have a claim against that professional.

In order to prove your case, we will have to find another expert who works in the same field to give an opinion on whether the advice or services you obtained fell below what a reasonably competent expert would have provided.   If our expert agrees that you got bad advice or services, then you may have a lawsuit worth advancing.

Professional negligence claims can be complex, challenging, expensive, and time-consuming.  Like medical malpractice claims, many personal injury lawyers are afraid of pursuing these lawsuits.  Our philosophy is simple: if you were wronged, you deserve justice.  We rise to any challenge.

Contact us now to get your free consultation to ensure that your legal rights are protected.  Put our expert knowledge in personal injury law at work for you.

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Slip and Fall

Injuries caused by ice, spilled liquid, uneven pavement, fallen goods, poor lighting, neglected premises, and the like are no accident. Owners of private homes, apartments, condos, businesses, malls, grocery stores, and municipalities have a legal duty to make sure that people are safe. If your injuries were caused by someone’s neglect, then you may bring a claim for compensation.
There are strict timelines. For some property owners, such as municipalities, notice of your intention to sue must be done within 10 days of being injured. Otherwise, the courts may bar you from starting a lawsuit. If you have a reasonable explanation for missing the 10-day notice period, the courts may extend that deadline in your case.
After notice has been given, all claims must be started within 2 years of the incident.
Contact us now to get your free consultation to ensure that your legal rights are protected. Put our expert knowledge in personal injury law at work for you.
We’re here to help.