How Do Claims Work In A Personal Injury Case?

When you have been injured due to another person’s negligence or due to the fault of another, you have the legal right to seek compensation for your injuries via a personal injury claim. That is when the legal advice of a lawyer may be your best recourse.

In most cases of an injury, the time period right after an accident will be devoted to medical care and recovery. If you have been hospitalized, you may be assisted by a caseworker who can help coordinate your medical professionals and assist your family while you are hospitalized. This is an important time to understand what your legal rights are. In most cases, personal injury lawyers will offer no-obligation consultations and will often make a visit to the hospital if you are unable to travel to their offices.

In Ontario, you have a two year time period from the date of the accident in which to file a claim. If this time period is not met, or if you accept a settlement from the insurance company, you may no longer have the right to file a claim for compensation.

If you have decided to hire a personal injury lawyer in Barrie to represent you in a claim, there are certain things that your legal representative will do in order to bring forth a claim against the at-fault party. Your lawyer will first file a Statement of Claim which will set out variables and information as they pertain to the accident. This will include the date of the accident, how it occurred, what parties were involved, the amount of damages or compensation that is being sought, supporting evidence for that amount, and the legislation that is particular to the claim. Most often, when it comes to accident claims, the other party to the claim will be an insurance company representing the at-fault party.

Your Barrie injury lawyer will then investigate all the information that is relevant to your injury and claim such as police reports, medical records, and witness interviews. Your lawyer is compiling evidence in order to support any claims to compensation for things such as:

● Medical expenses
● Lost income and loss of earning potential
● Pain and suffering

The time period for the culmination of a personal injury claim varies with each individual case. Some take a matter of a few months while others take a few years. Much has to do with the healing process and the severity of the injuries. In most cases, a settlement is negotiated with the insurance company. But there are those times when a fair settlement cannot be agreed upon and the case must go to court.

Most personal injury lawyers in Barrie work on a contingency fee basis. This means that the cost will be a portion of the settlement. This is typically taken at the end of the process. Contingency fees can range from 15% to 40% and can vary depending on many variables.

If you have been injured due to the negligence of another, make sure you seek the advice of an experienced Barrie injury lawyer. Call the legal professionals at Makaronets Law for a no-cost consultation to see how your rights can be protected after an injury.