Does Being Unemployed Adversely Affect My Ability To Recover Damages In A Personal Injury Case?

In personal injury law, the ability to be compensated for your injuries doesn’t rely entirely on whether or not you were employed at the time. Lost income and the loss of future earnings potential are just a couple of the damages in an accident benefits claim or personal injury lawsuit. Additionally, your medical expenses as well as your pain and suffering are treated as separate damages.

Does My Employment Status matter?

No, it doesn’t. Just because you were unemployed when you suffered your injuries, you can still file a personal injury claim or lawsuit and collect damages. Consulting with an experienced Personal Injury Lawyer in Oakville increases your chances of winning your case and ensures that your right to compensation is protected throughout the legal process. They have helped innumerable people get the rightful compensation and that expertise can help others too.

Financial Relief for Your Losses

According to the accident benefits guidelines that apply to motor vehicle collisions, you do not have to be gainfully employed when filing for a “weekly non-earner” benefit. As in any personal injury case, the burden of proof rests on the shoulders of the injury victim or plaintiff. This means that you would have to prove that you’ve suffered an injury that has rendered you unable to enjoy your normal lifestyle and quality of life standard that you were accustomed to prior to your accident.

Fortunately, there are other forms of financial relief that you may be eligible for such as the income replacement benefit and medical expense reimbursement. This applies to those individuals that worked for at least 26 out of 52 weeks of the year prior to their accident. Canadian and Provincial Personal Injury Law states that any individual, regardless of their employment status, has the right to recover damages if they suffered injuries in an accident cause by someone else’s careless or negligent behavior.

Additional Considerations

You may be eligible for financial assistance under the ODSP or “Ontario Disability Support Program”, provided your disability resulted from the injuries you sustained. There are two categories of benefits under this program – employment support and income support. Eligibility is based on the following criteria:

• 18+ years of age
• Ontario resident
• Canadian citizen, permanent resident, or refugee

Most importantly, you must show that you’ve sustained a substantial emotional, mental, or physical disability that is expected to last at least a year (possibly more). This will make it difficult to care for yourself or perform the duties of you job. In any event, it is always best to consult with an experience personal injury lawyer.