Key Considerations When Hiring Legal Counsel

There are a lot of things to be considered when settling upon a particular personal injury lawyer in the town of Orillia which is located in the state of Ontario and Canada. Of course, it is always preferable that you never have to meet an individual of this kind, but if you have been the victim of an accident caused by the negligent behavior of a third party you should definitely consider taking legal advice. There are several things that you should be looking out for when deciding on a lawyer.

Contingency fee

One of the most important features to look for is a contingency fee. This means that the lawyer won’t charge you a dime unless he has successfully finished the case. This would suggest that the trial has ended with a compensatory award for you or a settlement has been reached between both parties. Contingency fees ensure that you won’t have to pay two lawyer fees for one case. One of the oldest and major legal principles in the law of Canada stipulates that the losing party must cover the expenses made by the winning party. The logic behind this particular principle is that no one should be held accountable and therefore undergoes expenses for actions which are not considered illegal. Therefore, if you pre-pay your lawyer and he loses the case, you would also have to pay the legal fees of the opposing lawyer.

Free consultation

Free consultation service is the next thing that you should be on the look for. This ensures that the law firm or the sole practitioner has enough confidence in himself and his expertise that he doesn’t need to make profit off of simple consultations.

Track record of the lawyer

It’s also incredibly advisable to seek lawyers in Orillia with a proven track record. While it’s true that new lawyers without a lot of expertise are going to do everything within their power to win a case in order to establish proper reputation, it is always comforting to know that your lawyer has done this a lot of times and he has won in most of them. Ask for the track record and make sure that the scores are positive. Lawyers who refuse to show you their statistics are likely to be hiding the fact that they are losing ones.

Cash settlements

Aim for law firms and lawyers who are able to ensure maximum cash settlements. Contrary to what the majority of people tend to believe, most of the cases in personal injury law never reach the courtroom. Recent surveys and studies show that approximately 90 percent of the cases in Ontario are settled prior to even reaching the court. This would require you to hire someone with strong negotiation abilities in order to get the most out of the settlement.

Classification Of Common Personal Injuries Sustained In An Accident

There are certain areas of personal injury law which are a lot more often and common than others in particular. For example, motorcycle and vehicular accidents in the state of Ontario are very common while others such as pedestrian accidents are not. However, the last year has been incredibly important for the local legislation in Stouffville because there are certain alterations in the current legislation which are directly related to the Statutory Accident Benefits Schedule in the state of Ontario. They impact the practice of every single attorney in won, provided that his area of practice includes motorcycle accidents.

The changes which were introduced into the provisions of the SABS are not by all means affecting any kind of accident but rather are governing different amounts of compensatory amounts. In order to do so, the damages which one can go through after a certain accident are divided in three particular groups.

  • Minor injuries – minor injuries include damages that are unlikely to leave a long term scar let alone a lifetime pain and suffering. The limit of the compensation for rehabilitation as well as for care benefits is set up to $3,500
  • Non-minor injuries – those are the injuries which are not minor but also fail to fall within the next category. Common orthopedic injuries fall within this particular group. The compensation award is set up to $50,000. You can claim both medical as well as rehabilitation reparations and benefits.
  • Catastrophic injuries – the name is rather self explanatory. These are the most severe damages that one can go through in an accident. Some of them are likely to leave a permanent mark and incredibly traumatic emotional pain. Victims with injuries of the kind are allowed to claim up to $1,000,000. To outline the severity of the damages, the law also allows victims to claim another $1,000,000 for attendant care. The main intention of this particular alteration is to provide the injured with enough funds to enroll into a nursing home, if required.

These particular amendments are generally considered to be in a positive direction. Most of the lawyers in Stouffville agree that the amounts have to be increased in order to provide a wider range for navigation throughout the entire case. However, it’s important to take into consideration the time frame within the motion has to be filed. As per the Limitations Act of Canada, claimants can only file their motions in a certain amount of time. This means that if for some reason they miss the so called deadline, the perpetrator is going to be automatically rehabilitated and motions on these particular grounds from the particular victim won’t be legal. This is why it is highly advisable to file your claim in a shortly manner after the motorcycle accident. It is best to discuss your case with your chosen injury lawyer to get more details about your case.

Why Don’t Most Of The Personal Injury Cases Reach The Trials?

Contrary to what most people tend to believe, personal injury cases on the territory of Canada are often not going to reach the courtroom. Studies and surveys show that approximately 90% of the cases are settled prior to entering the court. This is due to a variety of reasons which are outlined below. However, it’s important to understand that governmental laws in Canada are enforceable in every state but each province has own particular laws which may sometimes differ. However, the laws of Barrie, located in the province of Ontario are practically similar to the ones which lie within statutory provisions.

Avoid legal fee

However, the most important reason for which people prefer to settle before reaching the court is to avoid the expensive legal fees that the court charges. Most of them are percentage based and they would vary depending on the compensatory claim. With this in mind, the higher the claim is the more expensive the fee is going to be. This is due to the fact that the case would require the discretion of the court and for this it has to be properly remunerated. After all the money is put towards the development of the legal system which is of everyone’s interest.

Another common reason to go for a settlement is uncertainty. A lot of personal injury lawyers in the town of Barrie are going to prefer to settle because they can’t predict the outcome of the case in trial. This is due to the fact that the judges can always rule in an unexpected way as they are required to treat each case individually. So, in order to avoid any surprises which may leave their client under compensated, most of the lawyers would prefer to negotiate a fair settlement.

Do all settlements have binding clauses?

It’s important to know that settlements have the same binding legal force as any other rightfully struck agreement. The parties under the settlement undertake obligations towards one another which they are required to hold. If one of the parties breaches the settlement, the lawyer can take advantage of shortened legal procedures in order to use law enforcement services to get the breaching party to resume following the agreements under the settlement. This is incredibly convenient and the law is very helpful in this particular endeavor. The main intention is to provide security for the parties under the settlement that the legal system has done and will do everything possible to keep the parties on their right behavior.

After all, the main intention of personal injury law is to compensate the victim without punishing the perpetrator. This is done through the arrangements agreed upon in the settlement and it has to be properly followed for the term that it has been signed for. Otherwise a legal trial can ensue.