If you suffered an impairment because of a terrible accident that’s caused by a negligent individual or entity, then you need to consult a personal injury lawyer in Toronto (click this link and this one for helpful info) right away. An attorney can determine if your case has a chance to make a claim. It is highly recommended that you consult your case first with an attorney. There are certain factors that need to be considered to know if your case is a viable one.
It is understandable that things could be confusing at first on the steps that you need to take. But if you have a lawyer with you, you will be guided on what you should do and take off the burden from you in handling the different issues that may arise during the phase of
In today’s world, legal experts can now get in touch with prospective clients and answer their questions and concerns via the internet
making a claim.
Frequently Asked Questions
To enlighten your mind, here is a list of the most frequently asked question of an accident victim and answers are also included that can serve as your guide to know whether you need to hire an attorney or not. But remember, the information below is not a legal advice. Use this to gain additional knowledge.
1. Is it really a need for me to hire a legal professional?
It is possible for you to make a claim if you were injured because of an accident that was caused by a negligent person. It is a fact that most of the individual who processed their own compensation claims receives a much lesser amount and not getting the full benefits that they should have received.
You need to know that insurance companies will do their best to also defend themselves when you make a claim. As soon as they will know about your accident, they will also make preparations before you even make the claim.
When the at-fault party’s insurance company will call you and will request to get the information that they need from you, call an attorney right away. Never give out any details yet not until you have already talked to your legal representative. Insurance companies will do everything to minimize the monetary exposure and will also do their best to lessen or defeat your claim. You will end up receiving a little amount especially if you give them a chance to get the info that they want.
An insurance company will also offer settlement, but before you even sign the document, have it reviewed by an attorney first. This way, you will know if the compensation claim and benefits you’ll receive is just and right.
It is recommended to hire an attorney even if you have the option to handle the settlements on your own. You should focus on healing and recovering and a legal representative can take away the stressful process and complications for you and they can also make sure that the right compensation claim and benefits are obtained.
2. What is the mode of payment and how much do I need to spend in hiring an attorney?
The initial consultation is free and when you decide to hire their services, you do not need to pay right away because it will be based on their contingency payment scheme. This means that you and the attorney will have to wait until the compensation claim has already been released.
With regards to the amount of fees involved, usually, a percentage will be taken from your settlement.
3. What are the different types of compensation that I can get in a lawsuit?
It’s a case to case basis which is why there is no 100% guarantee that you will be a given compensatory damages during the litigation. Below is a list of general considerations that you can keep in mind:
– Lost income or your ability to earn a salary.
– Rehabilitation and medical expenditures.
– Physical pain incurred from the accident.
– Pain and suffering.
– Costs of care for the long term.
– Damage on the property.
– Mental and physical distress.
– Scar or Disfigurement.
– Mental capacity is lost.
– Death of a loved one.
4. Can I make out of court settlements?
Based on statistics, most settlements are done before the trail and only a few proceed to trial. You can make your settlement any time even before the suit is being filed, before the trial has even started or after the suit has been filed. Just keep in mind that settlements can happen before, during or after the trial.
5. How long will it take before my case has been settled?
There is no shortcut when it comes to making a compensation. This will greatly depend on your situation, who you are suing and how complicated your case is. There are cases that are very complex and your counselor will take time to dig deep and investigate to ensure that you win the case. However, experienced attorneys can tell you an estimated time or schedule as to when your case can be settled.
6. Is it okay if I did not speak to a lawyer right away?
No, and it’s definitely not okay if you haven’t spoken to an attorney about your rights after being injured. You need to be aware that there are specific time limits known as the statute of limitations as to when you should be filing the lawsuit, and you cannot delay or request to have the time extended. If in case you haven’t filed your case on time within the specific period, then you are not allowed to make a lawsuit anymore and it will be the end of your case. However, not all statutes of limitations are the same since they differ from the type of lawsuit that the person has.
7. Are there things that I should do while I am trying to recover from my injury?
Yes there are some things you can do to help your counselor establish your case and below is a list that you can take note:
– Take a picture of your injury regularly.
– Record the schedule of your impairment when it has kept you away from your work. Make a list of the activities that you cannot do anymore after you got involved in the accident.
– Make sure to record all the medical treatments you received for your injury. Keep all your doctor’s notes, the pain you have experienced from the accident, all the medical prescriptions of your doctor and notes of your rehabilitation or physical therapy sessions.
– If you have incurred expenses for your physical damage, make sure to keep all the receipts and other documents such as the money you’ve spent to hire assistants to take care of all your household chores, hiring of additional people to help you with your business because of your incapacity to do it on your own, hiring of nursing care experts and a few more others.
– Arrange and organize all the receipts and documents according to their dates and types of expenditures or papers.
– Let your attorney know that you have done these things to help build your claim
8. Am I assured to get a huge amount of money for my case?
Each case is unique and not all will receive the same amount of money. There are factors that will be considered and you may be entitled to compensation such as loss of ability to earn an income, pain and suffering, disfigurement, expenses incurred for your medical and rehabilitation programs and disability. You should have your case evaluated by an attorney. (Get in touch with us for more info on this)
9. Do I really need to go to court once I hire an attorney for my case?
Most of the cases are settled out of court and most probably, you won’t be obliged to attend the trial. The settlements can be done through mediation.
10. What is the meaning of mediation?
It is a settlement conference wherein all of the people involved including their lawyers will meet to make negotiations and settle the case in a conference room. What happens in the room is that your legal representative will do a quick presentation of your case with the mediator who is a judge or a retired lawyer along with the other party’s litigator and representative who is the adjuster of the insurance company. The other side will also do a quick presentation. It is compulsory for you to attend mediation, but you will not be obliged to settle or even say a word.
11. How am I going to prove the negligence of the other party?
If it’s a criminal case, the prosecution will need to prove the individual’s guilt beyond reasonable doubt. A lawsuit on personal injury that is based on tort law, the complainant should prove that most of the presented evidences are showing that the damage was indeed caused by the negligent actions of the defendant.
There are still other important discussions that you need to know about the different legal processes involved in a case and if you want your case to win. There are no shortcuts and you may experience complex issues along the way. Consulting a personal injury lawyer in Toronto is your best option