Accident benefits are paid by the insurance company of the vehicle that you were driving, while personal injury damages are the result of a lawsuit against the responsible driver or vehicle owner. Some differences between the two types of compensation, as well as the ways Cuming & Gillespie LLP can assist with each, are set out below. Cuming & Gillespie LLP handles all aspects of both accident benefits and a personal injury lawsuit. You focus on getting better – we handle the rest.

Accident Benefits

  • Paid by the insurance company that covers the vehicle the injured party was driving
  • Payable immediately for two (2) years up to $50,000 plus income benefit – Cuming & Gillespie LLP can assist with the claims process with no fee charged
  • Comprehensive treatment plan can be provided through medical assessments – Cuming & Gillespie LLP can help set up private occupational therapy and medical assessments
  • May provide income replacement benefits (i.e. for loss of income or inability to work caused by injuries)
  • May cover necessary costs, including occupational therapy, physiotherapy, massage, chiropractic treatment, dental, counselling, etc.
  • May include household benefits
  • Goal is complete recovery or best recovery possible

Personal Injury Damages

  • Claimed for through a lawsuit against the responsible driver/vehicle owner
  • May be able to get an emergency advance to cover immediate needs, if applicable (otherwise, need to wait until lawsuit is settled or adjudicated in court)
  • Damages claimed for impact of injures on life, family, and work
  • Analysis of damages owed is based on injured party’s abilities once they’ve achieved maximum improvement on recovery (i.e. back to 100%)
  • Several potential heads of damages:
    • Pain and suffering
    • Out-of-pocket expenses
    • Past and future income loss
    • Lost opportunities
    • Household impact and housekeeping
    • Future care/life care plan
    • Tax implications
    • Impact on injured person’s spouse/partner
    • Interest
  • Cuming & Gillespie LLP retains the top experts to provide opinions/assessments to help value claim
  • Legal fees charged on total compensation collected at end of claim