Being a victim of a car accident can take an emotional, physical and financial toll on the victim and their families. When one has been a victim of an accident they are entitled to benefits. You must reach out to an Accident Benefits lawyer. Having a lawyer by your side through this process will make things a lot easier and less stressful for you. When it comes to filing a claim there are certain regulations that one needs to abide by. The lawyers are well aware of these. The claim needs to be filed within a particular time frame after the accident. This article will share some critical timelines that you should be mindful of.
Important timelines to keep a track of
When you have been a victim of a car accident and you want to pursue a personal injury claim, then you need to take action as soon as possible. To be able to file a claim you need to adhere to the deadlines which have been put there statutorily. You have a week to notify your insurance provider about your plan to seek accident benefits. Once you have done that, you have a maximum of a month or 30 days to prepare and submit your OCF-1 and Accident Benefits Application Package (ABAP).
If you are filing a case against the at-fault party then you need to notify them of your intent to sue within 120 days, or else the claim for pre-judgment interest and costs could be prejudiced. According to the Ontario’s Limitations Act, no claim can be brought before the 2nd anniversary of the date where the claimant sustained injuries or would’ve been aware of the same, damages were done due to the negligence of the other. In most situations, this limitation period expires on the second anniversary of the accident. However, there are certain exceptions to the rule, and your lawyer would explain the same.
Why should you reach out to a lawyer?
Accident benefits claims are extremely complicated to navigate through. Having a lawyer by your side will help you to ensure that you obtain all the benefits that you are entitled to. The legislation behind claims for accident benefits is a complex process, and the laws are dynamic. When you aren’t represented by a lawyer you might fail to adhere to the strict limitation periods. A failure to notify the insurer of the intent to file a claim or filing it late can hinder the chances of your compensation. There are timelines that one needs to adhere to.
Having a lawyer by your side will make the whole process easier. A lawyer who is qualified and has your best interests in mind. They will explain all the nuances of the law concerning the statutory accident benefit, tort and limitation periods. Claiming an accident benefit is a highly complicated process. A lot of the time, insurers deny the compensation. A lawyer will help you to build a strong case from the very beginning.