Learn More about Your Ottawa Injury Lawyers

“Howard Yegendorf & Associates is an Ottawa based injury law firm whose lawyers have successfully represented victims of car accidents, motorcycle accidents and other life-altering tragedies since 1999.”

Ottawa Accident Lawyers Discuss One Accident, Two Claims

We know that when you have been in a car accident everything is overwhelming and there can be a lot of new information to process. Our clients are often surprised to learn that although you were in one motor vehicle accident, you may be eligible for two claims. In Ontario, if you have been injured in a motor vehicle accident that is not your fault, you are entitled to pursue an accident benefits claim and a tort claim.

The Basics

The tort claim is against the at-fault driver and their insurance company – this process is similar to a conventional lawsuit. The accident benefits claim, while for the same accident, is a separate claim, through your own insurance and is not based on fault.

  • 5 Reasons to
    Choose Yegendorf

    Reason 1

    Our personal injury law firm has decades of experience in helping victims of traffic accidents.

  • 5 Reasons to
    Choose Yegendorf

    Reason 2

    Our lawyers understand not just personal injury law but also the health care system.

  • 5 Reasons to
    Choose Yegendorf

    Reason 3

    Our team of personal injury lawyers is committed to protecting the rights of victims of serious accidents.

  • 5 Reasons to
    Choose Yegendorf

    Reason 4

    Our injury law firm focuses on cases involving brain injuries, spinal cord injuries and wrongful death.

  • 5 Reasons to
    Choose Yegendorf

    Reason 5

    Our injury lawyers have vast experience in dealing with accident insurance claims and disputes.

Howard Yegendorf & Associates

Howard Yegendorf has spent his entire career as a personal injury lawyer protecting the rights of clients who have been seriously injured.

Howard Yegendorf & Associates

Howard Yegendorf has spent his entire career as a personal injury lawyer protecting the rights of clients who have been seriously injured.

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Ottawa   |   Toronto

Accident Benefits Claim

Accident benefits are usually provided through your own insurance provider. If you are a passenger or pedestrian without insurance, this will be through another person’s insurance (contact us for more information on how this applies in your case).

These benefits are statutory and are defined by the Statutory Accident Benefits Schedule (the SABS). The SABS provides all injured drivers, passengers and pedestrians with accident benefits, including those who are found to be at fault for their accident.

Most of our clients who are entitled to accident benefits receive medical benefits for physiotherapy, prescription medications or chiropractic treatment. Some clients also receive attendant care benefits for their personal care, income replacement benefits if they are unable to work due to the accident, and others receive non-earner benefits if they are completely unable to carry on their normal pre-accident activities of daily living.

Many benefits under accident benefits can start right away. If you require physiotherapy for your injuries, you can begin relying on your accident benefits coverage today to start treatment. The best way to access these benefits is through hiring a professional to assist you with the accident benefits process – contact our office today for a free consultation.

Tort Claim

The tort claim is against the driver who is at-fault for the accident and their insurance provider. The tort claim includes a claim for the pain and suffering you have experienced as a result of the accident. Other aspects of this claim can include lost income, loss of competitive advantage, attendant care, caregiving, out of pocket expenses, past and future medical treatment and housekeeping.

The tort claim is against the driver at-fault for the accident. If you are 100% at-fault for the accident, you are not eligible for this claim. Determining fault is not always straightforward. Sometimes even a driver who has been charged with an offense under the Highway Traffic Act can still bring a tort claim, so it is important to contact a lawyer who can advise you on your specific case.

One aspect of your tort claim is for general damages, which is compensation for the pain and suffering you have endured as a result of the accident. In Ontario, to make a tort claim you must meet the “threshold”. The threshold requires that the injured person has experienced one of the following: (1) death, (2) permanent and serious disfigurement or (3) permanent and serious impairment of an important physical, mental or psychological function (consult a lawyer today to find out if your injuries meet the requirements).

If you are so injured that you are unable to work, you may be eligible for income replacement benefits under accident benefits. However, some income loss cannot be compensated that way. For example, if you work fewer hours or see reduced wages or commissions due to decreased capacity you may not be entitled to income replacement benefits, but you can still be compensated as part of your tort claim.

It is important to consult a lawyer when applying for accident benefits or starting a tort claim as the process is very complicated. A lawyer can answer the questions discussed above, such as:

  • Am I entitled to an accident benefits claim, tort claim or both?
  • Which insurance company do I apply to for accident benefits?
  • How do I complete the accident benefits forms?
  • Do my injuries meet the “threshold” for a tort claim?
  • How do I know who is at-fault for the accident?
  • Can I start a tort claim if I have been charged as a result of the accident?

Consult a Professional

Whether you are entitled to accident benefits, a tort claim or both, it is important to have someone on your side, fighting for you every step of the way. The lawyers at Howard Yegendorf & Associates are trained professionals who can apply the law to your case to get the results that work for you. Call us today to book your free consultation.

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“Howard and Najma protected and helped us during a terrible time in our lives.”

At Howard Yegendorf & Associates, we have nearly 50 years of combined experience with personal injury claims. Our primary focus is on catastrophic injuries such as brain and spinal cord injuries and wrongful deaths, but we will guide and represent you during any personal injury case.

Learn more
Rony Podolsky
Rony Podolsky
13:34 19 Jan 18
Mr. Yegendorf is very different than the stereotypical lawyer. He is sympathetic to his clients and eager to help.Probably one of the most ethical, professional and experienced lawyers out there.Highly recommended!
Natalia Bradu
Natalia Bradu
15:46 17 May 17
I can not express my warmest wishes to Howard Yagendorf and his amazing team. I had a great experience working with them and I'm so thankful to his expertise and help in my difficult situation. He guided me and my family through the process and helped us to get the outcome we've never hope about. Great people, great team and overall experience was easy and worry free. Thank you so much.
Michael Dagenais
Michael Dagenais
16:42 14 Mar 17
I have known Howard for nearly 20 years. During that time he not only helped me with sound, expert advice pertaining to a "Ponzi scheme" that devastated my family, he has helped countless others. He is dedicated to the law and a true expert in his field. I know first hand that he has changed the destiny of many of his clients , allowing them to move forward with dignity after suffering catastrophic events. He cares deeply , has dogged determination, vast experience and his team of lawyers and support staff are second to none. I would highly recommend Howard and his team.
Brian Mandelker
Brian Mandelker
15:41 21 Apr 17
Howard is an excellent, meticulous lawyer. Perhaps even more important though, is that he is a compassionate human being. A very good listener and an even better questioner!
Stephen McGill
Stephen McGill
14:22 16 Feb 17
I've known Howard Yegendorf for well over a decade and consider him to be one of the most capable, professional, knowledgeable and trustworthy people I've met in my business career. His attention, compassion and skills were reinforced to me when he helped a very close family member with a potentially serious legal situation. Without hesitation I will continue to recommend Howard and his firm to anyone who wants exceptional legal representation.
Carol Dunlop
Carol Dunlop
02:09 04 Mar 19
2 years ago I was hit by a car on Hunt Club and Riverside intersection in Ottawa, the lady behind the wheel was not looking at me at all even though I had white sign for crossing. She stopped before the traffic light, I stepped on the crosswalk and she just turned right while looking to the left. She bumped me with her car and my foot got stuck under rear passenger wheel. Then she apparently panicked and went backwards rolling over my foot one more time. Later at emergency they diagnosed me with multiple bone fractures, I had to go through 2 complicated surgeries and over a year of rehab before I could use my foot again. And it still hurts when I run, jump, stand for too long or stress it somehow else.Engaging Howard Yegendorf and his team shortly thereafter was one of my best decisions ever. His knowledge, and confidence told me I was working with the best professionals I could have found. Howard guidance was invaluable. He listened and helped me throughout the case. We were both patient and that patience produced positive results.He helped me to deal with insurance company, guided me through LTD insurance and closed my case for really good amount of compensation.
Jonny Hare
Jonny Hare
09:00 05 Mar 19
In 2014 I was involved in a car accident on HWY 417 near Ottawa. It involved myself and two other vehicles being rear ended. I was the middle vehicle and ended up being transported by ambulance to Queensway hospital. My injuries were misdiagnosed at the time of the accident and I was referred to Howard Yegendorf. I met with Mr. Yegendorf and he showed me overwhelming concern and care for my situation, injuries and surgery. He explained how he could file liens for surgery and physical therapy to resolve my health issues sooner rather then later. He then fought 100% with the auto insurance company completely looking out for my best interest.I cannot put into words how tremendously grateful l am for everything that Howard Yegendorf has done for me and my family!
rath khan
rath khan
20:04 28 Jul 19
Receptionist She is always in bad mood. I did observe her a lot. If you are happen to be other ethnicity than caucasian , she will racially profile you. She doesn't have simple courtesy . Also one of the lawyer I dealt with not professional at all and rest of the lawyers I don't know much about them. At this place, you don't feel like they care about your situation much.
rath khan
rath khan
20:04 28 Jul 19
Receptionist She is always in bad mood. I did observe her a lot. If you are happen to be other ethnicity than caucasian , she will racially profile you. She doesn't have simple courtesy . Also one of the lawyer I dealt with not professional at all and rest of the lawyers I don't know much about them. At this place, you don't feel like they care about your situation much.
Jonny Hare
Jonny Hare
09:00 05 Mar 19
In 2014 I was involved in a car accident on HWY 417 near Ottawa. It involved myself and two other vehicles being rear ended. I was the middle vehicle and ended up being transported by ambulance to Queensway hospital. My injuries were misdiagnosed at the time of the accident and I was referred to Howard Yegendorf. I met with Mr. Yegendorf and he showed me overwhelming concern and care for my situation, injuries and surgery. He explained how he could file liens for surgery and physical therapy to resolve my health issues sooner rather then later. He then fought 100% with the auto insurance company completely looking out for my best interest.I cannot put into words how tremendously grateful l am for everything that Howard Yegendorf has done for me and my family!
Julie
Julie
13:50 23 Nov 19
Najma from Howard Yegendorf's office represented me and she is the lawyer you want on your team. Najma has incredible skills at negotiating and getting the results that you deserve.Najma helped me through the worst nightmare of my life and I will always appreciate the compassion she showed me. From the moment I handed my case to Howard Yegendorf and Associates it was like a weight was lifted off of me and I knew everything was going to be just fine.
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