Hiring a Lawyer for a Car Accident Case

Injury Lawyer

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.

Dealing With the Adjuster for Your Insurance Claim by Showing Proof

Injury Lawyer

If you have been involved in an accident caused by someone else and you’ve incurred some injuries – there is a very good chance that you are going to have to turn to the opposite party’s insurer for the compensation. However, you would need to prove that the other side was actually responsible for the accident which effectively caused your injuries.

The burden of proof

The person who is actually seeking the recovery of damages in a personal injury claim is the one who is burdened with proving that the defendant is responsible. The injured party is, therefore, particularly obligated to determine that it is exactly the defendant who has caused the accident which was the cause of the injuries. The plaintiff can meet said burden by providing the necessary evidence which unambiguously shows that the defendant bares the responsibility.

Determining negligence

When it comes to it, the party who claims the damages needs to determine the negligent behavior of the opposing side. Negligent behavior means such behavior which is in breach of certain rules and regulations or failing to deliver the necessary duty of care and hence breaching it effectively. The duty of care is the necessary responsibility that you need to put towards certain activity. For instance, when you own or rent a parking lot during the winter you need to ensure that it’s properly cleaned in order to prevent slipping.

Right after the negligence is determined; the injured party needs to show damages. They can be both physical and emotional. Emotional damages derive from the turmoil and distress that the injured had gone through. What is more, he might also claim pain and suffering. Physical damages, on the other hand, are characteristic and easily defined because they have visual representation and could be perceived by everyone involved.

The last thing that you would have to take into account is the proximal link between both. This means that the negligent behavior that you have established led to the accident which caused the injuries and that there is nothing in between. In order to do so you need to determine that if said negligent behavior hadn’t manifested, these exact injuries wouldn’t have existed. You can also look at it the other way around – those damages could only be caused by this behavior, it’s the same thing from different prospective but it also changes the line of proof.

Rely on professionals

The truth is that handling the insurance company and submitting the proof you are going to use is no walk in the park. You are going to need to rely on a professional personal injury lawyer who is experienced, well versed and prominent in his field of expertise. You can look online or get referrals for the best lawyer in Orillia from your friends and family. It is best to schedule an appointment and get an estimate on the amount of compensation that you can receive.

Defense Strategies for Car Accidents

Injury Lawyer

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.

What Are the Damages That Next-Of- Kin Can Claim In Wrongful Death Cases?

Injury Lawyer

Wrongful death cases are, undoubtedly, amongst the most unpleasant cases that you might have to deal with. Going through the grief and sorrow of those who actually want to file the case is definitely something particularly disturbing. However, wrongful death cases are also rather specific and there are particularly important regulations and provisions that you would need to take into account. With this in mind, let’s take a quick look at the specifications that you would have to consider.

Damages That Can Be Claimed

Right off the bat, wrongful death cases aren’t exactly like all other personal injury cases. You won’t be able to claim all the damages that you could if the plaintiff was still alive. For instance, you wouldn’t be able to file for pain and suffering on behalf of the deceased because there is no actual way to objectively quantify them and presuming damages of the kind is highly unethical. Furthermore, you won’t be able to file for loss of income as the plaintiff is already deceased.

The damages that could be claimed encompass the actual damages that were paid in medical expenses and recovery bills, loss of companionship, loss of support – basically, the majority of damages that could be claimed anyways with certain obvious exceptions which need to be accounted for. In many cases, funeral expenses can also be claimed. However, you need to have tightly drawn case before you file for claim, and that is why it is best that a personal injury lawyer represents your rights.

Legal right to file the claim

This is also very important. Historically, in Canada, up to some time ago, when the injured passed away, so did the right to file claims. The one who caused the death would still be held accountable but only on criminal charges and no compensation would have been paid. Obviously, this approach is long overdue.

Now, under the Family Act, the inheritors or the representatives of the estate of the deceased are capable of filing a wrongful death motion for monetary compensation. This is only logical. There is no need for the burden of recovering certain expenses to fall upon them. For instance, the children of a parent who has passed away as a result of a negligent driver shouldn’t have to pay the expenses for the medical bills, funeral costs and other related ones – this should be directly imposed on the one who was responsible.

Wrongful death claims are particularly challenging as they pose a lot of difficulties when it comes to proving negligence and actual damages. Furthermore, the claims are additionally complicated because of some further motions like the one for compensation of loss of companionship or of support which are also almost always going to accompany the wrongful death claim. The proving is also challenging as the lawyer needs to determine exactly that the negligent behavior caused the death.

How to File a Claim For Product Liability?

Injury Lawyer

There are quite a few different things that could be said about product liability. First and foremost, it’s an interesting institute because it’s definitively regulated by a few different aspects of the law. Contractual law contains provisions navigating cases of product liability as well as the Common law which sets forth some warranty provisions and procedures. With this in mind, it’s important to pay closer attention to the responsibility that stems from product liability than to where the provisions come from. So, without any further ado, let’s take a look at some of the consequences.

Filing a claim against the manufacturer

When is it actually possible to file a claim against the manufacturer? The question is rather straightforward, yet the answer could vary. First, it strongly depends on the fact of where you bought the product from. If you bought it directly from the manufacturer the situation is rather self-explanatory. However, if you bought it from a reseller then it begins to be a bit more complicated. First of all, you need to quickly take a look at the warranty and whether it comes from the manufacturer or from the reseller. Even though the most common practice is that the warranty would come from the manufacturer as the reseller won’t have the necessary authority nor capabilities to take care of a broken product, it’s not impossible for this to happen.

What to expect

In some cases you wouldn’t have to worry about the claim too much, if you even need to file a claim. That’s when everything goes smoothly and the product is being dealt with under the warranty in the due terms. However, when you’ve sustained damages as a result, you might want to dig a bit deeper. It is best to discuss your case with a lawyer dealing with tort cases especially product liability. They must have dealt with similar cases and working on your case would help you get justice.

Damages from product liability can stem from all sorts of situations as well as from different types of defective products and even from services. With this in mind, if you want to recover said damages, you’d have to file a legal motion to do so. In the majority of cases the one you are filing the claim against is going to have insurance for product liability which is going to require you to direct the claim towards the insurance company. That’s not necessarily a bad thing but keep in mind that his insurance might fail to cover all of the necessary and claimed expenses. Be careful, however, because insurance companies aren’t easy to deal with.

If you claim the damages from the manufacturer directly, you would need to definitively prove that the damages have derived from the malfunctioning product and that there is nothing else that could have or has caused them. It’s important to be consider all of these aspects.