Introduction
If you have been involved in an accident not of your fault, chances are high that you have been advised to contact a personal injury lawyer to advocate for your rights. While you may think that you can deal with things independently, personal injury cases are far more complex than they seem and having an experienced lawyer on your side is essential.
When you or a loved one is injured, contact a Toronto personal injury lawyer at Beyond Law immediately to find out how we can help you. Call us at 416.613.1225 or fill out our convenient online form.
Definition of Personal Injury
A personal injury is a physical or psychological injury that is caused by the wrongdoing or negligence of another person or organisation. Under Canadian law, those who suffer a personal injury are entitled to recover compensation for their damages.
Importance of Personal Injury Lawyer
Personal injury law is by far not as clear-cut as it may seem. Many people involved in an accident feel that they can plead their case on their own and that lawyers are just collecting money for something they could do as well themselves. But this is far from the truth. An experienced personal injury lawyer can guide you step by step through the complex legal process to help you get peace of mind and, ultimately, secure the compensation you and your family deserve.
Many factors can influence a case, such as establishing responsibility and guilt or which personal injury claims you are entitled to. There are many potential claims that a non-lawyer might easily overlook.
A personal injury lawyer is even more crucial when dealing with insurance adjusters. Insurances are, first and foremost, businesses that look out for their bottom line. They employ skilled and experienced lawyers whose sole purpose is to find reasons to deny or significantly limit your rights to benefits. An adjuster may offer you a certain amount as compensation per the insurance policy but will not tell you that you may be entitled to further compensation. A personal injury lawyer will inform you whether you may be entitled to more compensation for your injuries as per provincial laws.
Purpose of the Article
This article will highlight the benefits of hiring a personal injury lawyer, different types of personal injuries and the typical personal injury claims process.
Benefits of Hiring a Personal Injury Lawyer
Knowledge and Competence
Personal injury cases often have a significant impact on a victim’s life. Not only can they suffer severe physical or psychological injuries, but they can also affect their lives in other ways. They may lose income to support themselves and their families and have additional expenses.
Personal injury lawyers are professionals who spend years and countless hours studying the particulars of the law and gathering knowledge to represent their clients to the best of their abilities. This knowledge and competence can make the difference between fair compensation and denied benefits.
Understanding of the Legal System
Personal injury law is far more complex than many think and ever-evolving. One of the core principles of the legal system is the establishment of guilt which can be challenging as it is very case- and fact-specific. An experienced personal injury lawyer knows these intricacies and how to use them to advocate for your rights.
Typically insurance companies will downplay or dismiss the seriousness of a person’s injuries and try to take advantage of their lack of familiarity with the legal system. This is why speaking with a personal injury lawyer before talking to the insurance company is crucial.
Proper Representation and Advocacy
Appearing before a judge can be a daunting experience, especially if facing a skilled defence counsel of either the accused or their insurance company. A personal injury lawyer has been in this situation countless times and will be able to represent you in court with all their legal experience. They have seen all possible pitfalls and strategies and can confidently advocate for your rights to work toward a settlement or judgment.
Fair Compensation
Typically insurance companies will downplay or dismiss the seriousness of a person’s injuries and try to take advantage of their lack of familiarity with the legal system, even if provincial laws or the insurance policy would provide for compensation. This is why speaking with a personal injury lawyer before talking to the insurance company is essential. You are far more likely to receive a favourable financial settlement by working with an experienced Toronto personal injury lawyer than you would otherwise.
Types of Personal Injury Cases
There is a wide variety of personal injury cases, all with their intricacies.
Car Accidents
Car accidents are among the most common causes of personal injuries, whether as car drivers, cyclists or pedestrians. While there are hundreds every day, many unfortunately result in serious personal injuries that can have life-altering consequences. Due to the sheer force of these accidents, they can cause severe physical abilities and mental trauma that can affect your daily life, whether the ability to return to work or school or care for loved ones. Some of these injuries may require medical treatment beyond what OHIP covers, such as assistive devices, home modifications, etc.
Also Read: When Should You Hire a Personal Injury Lawyer After a Car Accident?
Slip and Fall Accidents
Many people associate slip-and-fall accidents with poorly maintained sidewalks and streets during winter, but they can occur at all times. While snow and ice often are the reasons for such injuries, they can also happen indoors at a mall or store if there is water on the ground or the surface is slippery.
While the term “slip and fall” may seem minor, the injuries caused by such an accident can be severe and even life-threatening. Depending on the circumstances, they can range from fractures and torn muscles to spinal cord and brain injuries or even death. Another risk factor is age, as elderly persons could sustain severe injuries that can lead to a lengthy recovery or seriously affect their lives.
Medical Malpractice
When choosing a doctor, dentist, chiropractor, anesthesiologist, nurse, or other healthcare provider, patients trust their competence, diligence, and care. Unfortunately, this trust is sometimes broken by negligence, misdiagnoses, or malpractice, which can have devastating consequences for a patient.
Medical malpractice is defined as a negligent act or omission by a medical or healthcare professional leading to a patient’s physical or mental suffering. Negligence can arise from failed surgeries, wrong or late diagnoses, wrong medication, treatment, aftercare, or health management. Any of these incidents can lead to serious, even catastrophic injuries, and the recovery journey can be difficult and costly and dealing with insurance companies can add to the stress.
Product Liability
You engage with products daily, whether in your personal or professional lives. You trust that the companies behind these products adhere to safety standards and develop and manufacture goods following appropriate laws and standards. However, defective or improperly designed and tested products that are unsafe for use can result in serious personal injury or death.
Product liability cases include injuries caused by mechanical failures, malfunctioning electronic devices, contaminated foods, and unsafe toys. Dealing with the manufacturer, seller, or insurance companies often leads to stress, frustration, and wasted time – none of which is helpful to your recovery.
How to Choose the Right Personal Injury Lawyer
Experience and Competence
Given how complex personal injury law is and the opposing side will try every trick to avoid or reduce compensation, it is critical to choose a personal injury lawyer with negotiation and trial experience. Even though most personal injury cases are settled without a trial and still give you compensation, it is crucial that your lawyer can also represent you in court with confidence and experience.
Communication and Availability
Communication is critical in all aspects of life, but it is vital when it comes to personal injury cases. Cases involving personal injuries can often take a long time to resolve. This makes it essential to be comfortable with your lawyer. You need a professional who will listen to your story, communicate clearly and promptly, and answer any questions. As cases can take months, if not years, it is crucial to have a competent lawyer available for any questions or issues that may come up and feel comfortable talking to regularly.
Reputation and Reviews
Do your research online to make sure to choose a lawyer that is specialised in personal injury. Due to the intricacies of personal injury law, it is critical that your lawyer is an expert in this field.
Also, check their website for client testimonials and websites like Google, Trustpilot or Yelp for reviews by previous clients. This can give you additional information on the quality of service. While this can be time-consuming, you must remember that you want to get a reputable personal injury lawyer you can trust.
Fee Structure
Most personal injury lawyers operate on a contingency fee basis. This means they do not get paid until and unless they successfully obtain compensation for you. This fee model is designed to alleviate the financial hardship and stress experienced by their clients, many of whom cannot work due to illness or injury. The fee our Toronto personal injury law firm charges at the end of your case is based upon a percentage of the amount achieved.
The Personal Injury Claims Process
Investigation and Gathering of Evidence
The first step is the investigation of your case and the gathering of evidence. Here you will discuss the full details of the accident before your lawyer gathers and review all available evidence, such as police reports and medical records. Photos and videos of the accident scene or the accident itself are also beneficial. If there are any witnesses, your lawyer will also speak with them to get a complete picture of the case.
As details emerge, the lawyer will review relevant case law to identify precedents and value damages to build the case.
Negotiation with Insurance Companies
Generally, insurance companies and clients want to avoid costly litigation. Litigation can be an expensive, lengthy and drawn-out process, so insurance adjusters typically try to negotiate a settlement to prevent the case from going to trial.
As the main focus of any insurance company is protecting their bottom line, it will try to negotiate the least possible amount. An experienced personal injury lawyer is well versed in tough negotiations, applying their thorough knowledge of the law to negotiate the most favourable settlement for your case.
Litigation Process
If mediation is unsuccessful, the litigation process begins, meaning the case will be placed on the trial list. The next step is a pre-trial conference where the judge will listen to the parties’ positions and try to find a resolution. If no resolution is found, the case will go to trial.
At trial, both parties will present their evidence and expert opinions and may also call witnesses. After both sides have stated their case, the judge will deliberate and deliver a judgment. Both sides can file an appeal if they are unsatisfied with the ruling.
Common Mistakes to Avoid in Personal Injury Cases
Delay in Seeking Medical Attention
One of the most common mistakes is delaying seeking medical attention. Even if an injury may not appear to be severe, there is no way of saying if it may not turn out worse than you thought.
Complete medical reports are a crucial part of any personal injury case. They are needed to prove the nature and extent of your injuries and establish your right to compensation. If your injuries are not documented, the insurance company may try to argue that your injuries are less severe than you claim or unrelated to the accident.
A good lawyer will advise you to see a medical professional to fully assess your injuries, as it can significantly impact the compensation you are entitled to.
Providing a Recorded Statement to Insurance Companies
Typically insurance companies will downplay or dismiss the seriousness of a person’s injuries and try to take advantage of their lack of familiarity with the legal system. This is why speaking with a personal injury lawyer before talking to the insurance company is crucial.
While it may seem innocent enough, any recorded statement can give the insurance adjuster details that could be used against you in your case.
Signing a Release Without Consulting a Lawyer
Before accepting any settlement and signing a release, speaking to a personal injury lawyer is critical to ensure you will get the fair compensation you deserve. Once you sign a release, you have lost any further recourse against the other party.
Settling for Less Than Your Case is Worth
If an insurance adjuster offers to settle the case, chances are high that it will be for less than you are entitled to. A personal injury lawyer will be able to determine if the settlement offered is fair or if you are entitled to higher compensation as per provincial laws.
Frequently Asked Questions
What is a personal injury claim?
A personal injury claim is a legal case if you have been hurt in an accident and it was someone else’s fault. It is a formal process of recovering compensation from the party responsible for your injury.
What types of damages can I recover in a personal injury case?
Generally, you can recover two forms of compensatory damages: General and special. General damages, also known as “non-economic damages,” cover intangible losses commonly described as “pain and suffering,” including physical or mental pain, disability, a loss of reputation or enjoyment of life.
Special damages are also called “economic damages,” which can be quantified, such as lost income, medical bills or the cost to repair or replace damaged property.
How much is my personal injury case worth?
The compensation varies depending on the nature of the accident. We will study your case and ensure you get the compensation you deserve.
How long will it take to settle my personal injury case?
While every case is different, in our experience, the typical personal injury lawsuit settles within three to five years (and possibly longer if the case goes to trial). You will want to hire a lawyer you are comfortable with – one that is open, approachable, easy to talk to, available for your questions, and straightforward in their answers. Effective communication with your lawyer is critical to ensuring you have the information you need to understand the process and make informed decisions about your case. This is especially true during settlement discussions or negotiations.
What if I can’t afford to hire a personal injury lawyer?
You actually cannot not afford a personal injury lawyer. We operate on a contingency fee basis. This means we do not get paid until and unless we successfully obtain your compensation. Our fee model is designed to alleviate the financial hardship and stress experienced by our clients, many of whom cannot work due to illness or injury. The fee our Toronto personal injury law firm charges at the end of your case is based upon a percentage of the amount achieved.
Conclusion
A personal injury lawyer can make the difference between fair compensation and denied benefits. They have the experience and skill to get you a favourable financial settlement than you would otherwise. Their intimate knowledge of personal injury law and experience in negotiations and trials will ensure that you will be well represented and your rights will be advocated.
Final Thoughts and Recommendations.
When you or a loved one is injured, contact a Toronto personal injury lawyer at Beyond Law immediately to find out how we can help you. Call us at 416.613.1225 or fill out our convenient online form.
Beyond Law offers free, no-obligation consultation sessions to identify potential compensation paths and help you understand the law and your rights as an accident victim.
Wherever you live in Ontario, Beyond Law is here to help in your time of need.
