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Navigating the Legal System After a Motor Vehicle Collision

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More often than not, individuals involved in motor vehicle collisions (MVCs) do not sustain physical injuries. When individuals are involved in serious, injury-causing MVCs, the consequences may be devastating. Injured persons sometimes elect to pursue legal action to address the medical costs incurred and earning losses experienced in association with their injuries and the resulting impairments in function. This article presents a comprehensive review of the requirements of MVC-related litigation and the laws that govern this process, with emphasis placed on Ontario law in effect at the time of writing. Information considered germane to the decision to pursue legal action is reviewed, including the likely settlement amount, length of the legal process, costs associated with legal services and fee agreements that govern remuneration paid to the lawyer. Also described are no-fault regime and civil lawsuit, the two avenues of compensation that injured persons can pursue in an effort to recover losses and obtain the assistance they need to recover from their MVC-related injuries.

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A special thanks to Kylie Weber, Articling Student at Lerners for her valuable research.

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Correspondence to Stephen R. Schenke.

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Schenke, S.R., Lambe, D.M., Fabiani, S.S. et al. Navigating the Legal System After a Motor Vehicle Collision. Psychol. Inj. and Law 11, 265–287 (2018).

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