What a passenger in a car accident is eligible to
If a passenger is injured in a car accident, filing a personal injury case is relatively a less complex affair compared to what another driver has to go through. This is because personal injury lawsuits are primarily dependent proving liability and damages, and a passenger is not an active party in a motor vehicle accident, ensuring that there is no need to prove any liability.
If you’re a passenger in an auto collision, you can file a claim with a personal injury lawyer’s help, but first you need to know exactly what you are entitled to in terms of compensation and which parties to sue.
Against who do you claim
As mentioned above, in most cases the liability is always on the driver instead of the passenger. In cases where there are two or more drivers involved, a claimant can pursue a case against one or all of them. But there are exceptions: first is that there are edge cases where a driver is not considered negligent, such as when an animal jumps in front of the vehicle and causes a collision or crash.
Benefits a Passenger in a Car Accident is Entitled to
An individual who was in a vehicular accident will need compensation for medical and rehabilitation expenses incurred as a result of injuries, but there are also other benefits that they are entitled to if their injuries are proven to be serious enough according to the court’s definition. Some of the benefits include:
- Income Replacement Benefits – income replacement benefit deals with the lost pay incurred when an individual is unable to work while recuperating from injuries. This can be anything from lost time at work to actual loss of income, in cases where the injury resulted in a disability that prevents the individual from continuing work. This benefit is particularly important if the claimant is the breadwinner of the family.
- Caregiver Benefits and Reimbursement for Housekeeping and Maintenance – in some cases, the court may award caregiver benefits and reimburse expenses for housekeeping and maintenance if the injury sustained requires the hiring of a caregiver and/or house help.
- Death and Funeral Benefits – in extreme cases where the accident resulted in wrongful death, the individual’s family members can seek death and funeral benefits from the defendant, along with other benefits that are pertinent to the accident, such as the initial medical expenses if the person was still alive and recuperating after the accident, and income replacement benefits if the deceased person is the family’s breadwinner.
Bear in mind that benefits which will be applied may vary on a case to case basis, so it is important that you seek services of a personal injury lawyer in order to find out which compensation you are entitled to, along with helping you with claiming everything what is rightfully due to you. Additionally, the accident itself and any injuries sustained should be reported to your insurance company because claiming of accident benefits and seeking damages are two separate undertakings that your lawyer must handle.
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If you or someone you care for have been involved in a motor vehicle accident and need legal assistance, please call Toronto car accident expert lawyers at
1 (844) 722-5246 or Book your FREE consultation.