Category: Personal Injury FAQ’s

Now, the truth is that quite a lot of claimants will get confused by their opportunity to actually appeal a denial of their LTD claim. The confusion is usually based around the fact that they aren’t aware of why their claim got denied in the first place as well as a wide range of different things in relation. There are quite a lot of different cases which could be reviewed to draw the proper conclusions. (more…)

The first thing that would pop into the mind of the regular person when it comes to compensation in a personal injury case is pain and suffering. These are also commonly referred to as general damages. People often mistakenly presume that damages for pain and suffering are the most lucrative in terms of compensation. While this might be true for certain situations, there are a lot of different headings for damages, which are definitely more prosperous, so to speak. (more…)

The truth is that the majority of cars are usually going to collide with other vehicles. However, this is not always the case. What happens when a motor vehicle hits a walking pedestrian who is completely unprotected? Unfortunately the consequences are almost always rather devastating. However, let’s take a look at the things that you might want to take into account. (more…)

If you’ve been involved in a car accident and the other party is the one who’s at fault you are going to be faced with a complicated legal procedure in order to get the compensation that you are entitled to. The truth is that it’s far more complicated than it might seem and even though you have the legal rights to get your injuries recovered and paid for, this is not always easy. That’s why you want to make sure that you have someone with proficiency and experience to fight on your behalf. Keep in mind that as per the Insurance Act of Ontario, you will likely have to deal with an insurance company which means that you have to go through their own professional team of adjusters and legal advisors. This is not an easy thing to handle on your own.

However, the truth is that hiring a lawyer is definitely going to be pricey. Luckily for you, when it comes to personal injury law and car accidents in particular, the majority of lawyers in Ontario have established a practice to work on contingency fees. This is a very effective method which serves both parties perfectly, even though the client is the one who reaps the majority of the benefits.

What is the contingency scheme?

This is a relationship between the victim of a car accident and his lawyer under which the former doesn’t have to pay anything until the case is won. This provides him with a sense of security that he wouldn’t lose more money and it allows him to use the services of a professional legal officer.

Usually the lawyer is going to demand a previously agreed upon percentage of the money that he is able to recover. By that logic, if he’s not able to recover anything – you wouldn’t have to pay him up. This is pretty convenient because it provides you with a lot of benefits. First of all, you wouldn’t have to invest money in order to get something which is rightfully yours. Second, by not getting paid in advance, the lawyer is going to have a clear incentive to pursuit the win at all costs because he needs to get his fees.

The case is won – now what?

Usually the check is going to be sent out to the lawyer. He is going to deduct his fees and expenses as you’ve agreed on in the contract and you are going to receive the remaining amount of money. This is a particularly effective practice and it’s definitely serving both sides pretty well. Experienced lawyers know how to handle cases of the kind in order to get the most out of them. You will benefit by hiring the services of an expert injury lawyer that has experience in handling cases similar to yours. That will ensure that they will represent your case better and ensure a higher payout than what you would be able to negotiate on your own.

The truth is that when people hear about car accidents they immediately relate with the injured party. However, just because someone is injured that doesn’t mean that he has the right to seek monetary compensation. Nevertheless, a variety of different reasons incentivize people to seek compensation even when they aren’t actually entitled to it and if you fail to defend yourself you might end up paying something that you do not actually own. That’s why you need a strong personal injury lawyer who is going to undertake the necessary strategies to handle the situation. Let’s take a look at some of the strategies that you might be interested in.

Applying the Statute of Limitations

Every single claim has a certain time frame that needs to be considered. This means that if you fail to file your claim within it, you won’t be able to do so afterwards. The same goes for car accident claims in the province of Ontario. So, normally, the first thing that your lawyer will need to do is to determine whether or not the claim has been filed on time. If not, all he needs to do is determine the starting point of the preclusive term and to show that the deadline hasn’t been accounted for and the court is going to dismiss the claim.This, of course, is the best case scenario but the sad truth is that in the majority of cases you wouldn’t have that luxury, so, moving on to the next ones.

Claiming contributory negligence

This is a common institute and a very successful defense line, should the lawyer manage to put it down appropriately. Contributory negligence engages the responsibility of the plaintiff. Basically, you are claiming that he’s also liable and that you want the compensation to be reduced accordingly or dismissed entirely.

Failure to mitigate the damages

The injured party has the responsibility to do whatever he can in order to mitigate the damages. This is particularly helpful and something that you should thoroughly consider. If the opposing party hasn’t done so – you can act upon this. However, you need to understand what this duty means. In simple words, it means that you have to do everything you can in order not to make things worse.

As you can see, there are quite a few different things that you might want to take into account when it comes to your own defense strategy. There are no two identical cases so you need to figure out which one is most applicable and effective for your particular situation. This is going to allow you to act properly and to mitigate your own damages in terms of compensation or to get the case dismissed entirely, which is definitely the best scenario.

However, to ensure that you get justice, it is important to hire the services of a personal injury lawyer in Orillia. They have the skill of negotiations and mediation apart from ample experience in standing for trials.