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FRASCA KIM Lawyers litigate a wide range of personal injury and insurance claim issues. Please contact us for further information and a free initial consultation.

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Can I afford a lawyer?

Yes. In most personal injury claims, you do not pay upfront. Instead, you pay FRASCA KIM Lawyers a percentage of the amount recovered. If you do not receive money for your Claim, you do not pay us for any legal fees. This is known as a contingency fee.

Do I need a lawyer to get financial compensation for my injury?

It is important to consult a personal injury lawyer as soon as possible because there are strict time limits and deadlines that must be met in order to avoid delays or disqualification from obtaining financial compensation. Our initial free consultation is the quickest and surest way to do this. You will find that the assistance of our experienced personal injury lawyers is informative, helpful and compassionate.

Can I make a claim?

If you are injured in an accident, you may have the right to make a claim against the person(s) who caused or contributed to your injury. Many situations are often covered by insurance. These include:

  • accidents involving cars, motorcycles, planes, boats, trains, snowmobiles, ATVs and other motorized vehicles including public transportation
  • slips and falls on public or private property
  • injuries caused by defective products
  • medical negligence

Note that the law in Ontario places a number of rigid and unforgiving time restrictions on your right to pursue a claim. If you do not start a lawsuit within the time limit, it is possible that you will lose your right to pursue a claim. Contact a personal injury lawyer as soon as possible so that your rights are protected.

What if I am at-fault  – do I still have a claim?

Even if you are at fault for the accident and are injured, you may be entitled to certain benefits, usually paid by your own insurance company. If you are only partially at fault for the accident there may be other partially at fault parties. For example, the other driver may have been speeding or the road condition may have contributed to the accident. In these cases, you should discuss the circumstances of your collision with a knowledgeable personal injury lawyer who can determine whether you may have a claim for compensation against another at-fault party. Depending on the circumstances of the accident, you may also be entitled to benefits from other sources.  Your entitlement to accident benefits may be substantial, depending on your injuries.

What if I’m a pedestrian/cyclist without insurance?

You can apply for accident benefits from the at-fault driver’s automobile insurer and you can start a lawsuit for additional compensation from the at-fault driver. If the at-fault driver did not have insurance coverage, you may be entitled to claim for accident benefits and compensation from the Motor Vehicle Accident Claims Fund (“MVACF”) of Ontario.

What compensation is available for victims of motor vehicle accidents?

In Ontario there is a special system for obtaining compensation related to motor vehicle accidents. Although quite complicated, our experienced professionals are extremely knowledgeable about the system and can help you obtain full and fair compensation.
 There are two sources of compensation available to you:

Accident Benefits Claim
This is a claim against your own insurance company; or, the car insurance company of another vehicle involved in the accident. You may be entitled to receive the following benefits:
[Note: Your insurance plan may vary in coverage.]

  • Medical & Rehabilitation Benefits
  • Income Replacement Benefits
  • Caregiver Benefits
  • Catastrophic Impairment Benefits
  • Housekeeping & Home Maintenance Expenses Benefits
  • Death & Funeral Expenses Benefits

Tort Claim
This is a claim against the at-fault driver. The person who caused the accident is responsible for, in general, paying compensation for all losses sustained. Examples of these losses include:

  • Pain and suffering;
  • Loss of income;
  • Loss of ability to compete with others for economic positions;
  • Lost working years;
  • Post and future medical, rehabilitation and attendant care needs;
  • Housing needs;
  • Vehicle needs;
  • Prosthesis and other medical devices required;
  • Medication;
  • Compensation for loss of ability to perform housekeeping or home maintenance responsibilities; and
  • For family members, compensation for loss of care, guidance and companionship in their relationship with the injured survivor;
  • Family members are also entitled to advance claims for expenses which they have incurred as a result of the injured survivor’s injuries.

How much compensation can I expect to receive?

How much money you receive from the Claim is determined by a number of factors that are difficult to determine at the outset. These may include, the extent of the injury, the final prognosis, the economic consequences of the harm caused and/or legal restrictions on recovery. Once we have the necessary information, we will give you our opinion of the dollar value of the Claim. Our opinion may change as the Claim develops.

How long will it take?

It can take up to several years for a Claim to settle or go to trial. The amount of time the Claim takes depends on factors such as: the age of the injured person; how soon they recover from their injuries; when we receive information about what the future holds for the injured person and court schedules.

What makes FRASCA KIM lawyers unique?

We are unique among personal injury lawyers because, unlike most, we have previous experience representing insurance companies in Toronto. When we moved to Thunder Bay, we made a conscious decision to represent injured people instead of the big insurance companies. Thus, we are very knowledgeable about how insurance companies will likely deal with your Claim. Insurance companies know us, they respect us, and they know that we will fight for what is fair for our clients. Our lawyers have combined legal experience of over 30 years and are continually staying current with legal trends through Continuing Legal Education and professional development through various organizations.

I have been contacted by an adjuster several times who wants to come and meet with me. Should I?

Adjusters generally will seek information – some of which may be used to approve, but often which may be used to deny benefits. The adjuster has a responsibility to act with you in good faith; however the adjuster also has a responsibility to minimize the cost of claims. As a result of this duality, it is most helpful to involve legal counsel in advance of speaking to an adjuster. You should never meet or speak with the adjuster of an at-fault party without first consulting with a lawyer.

I have been sent Accident Benefit forms by an insurance company. Should I complete these without talking to a lawyer?

The forms seek answers to sensitive areas such as how the accident occurred. One should always be accurate in completing the forms. FRASCA KIM Lawyers will helpfully assist in completing the forms – first of all in order that you may focus on recovery, and second to ensure that the forms are accurately completed and submitted so there is no delay in accessing benefits.

What if the injured person cannot make decisions due to incapacity?

If an injured person has a severe injury that prevents the person from making his or her own decisions, then the family is entitled to make decisions regarding treatment while the person is confined to the hospital. Thereafter, it is possible to appoint a person as a substitute decision-maker on behalf of the injured person and FRASCA KIM Lawyers can assist with this process.

I had a pre-existing injury to a part of my body injured in the accident. Does that mean I will not be entitled to compensation?

No. Even if you had a pre-existing injury, perhaps even with ongoing symptoms at the time of the accident, you may still be entitled to compensation for aggravation to that injury caused by the accident. The goal of personal injury compensation is to compensate (to the extent money can) for the difference between your actual post-accident condition and the condition you would have been in had the accident not occurred.

What should I do if I am hurt in a car accident and can’t work, go to school or take care of my children?

There are benefits available to replace lost income, recover school expenses and, in certain circumstances, to pay child care providers. FRASCA KIM Lawyers can assist you in your application for these types of benefits.

How will the accident affect my insurance rates?

If the accident is your fault, your car insurance rates may increase. If the accident is not your fault, your car insurance rates should not increase – even if you make a claim for benefits.

What if the accident occurred while I was working?

FRASCA KIM Lawyers can help you determine if the claim should be pursued through the insurance company, or the Workplace Safety & Insurance Board (WSIB).

Will you be able to take my case if I live very far from your office?

FRASCA KIM Lawyers serve clients across all of Ontario. If we are satisfied that we can help you with your case, we will visit you at home, in the hospital or someplace convenient for you. Your initial consultation is absolutely free.