Personal Injury Law: The Myths Vs. The Reality

Have you been injured in an accident but are reluctant to call a Stouffville injury lawyer? We have all heard some of these myths so we are here to dispel some of them.

Lawyers Are Too Expensive

Most personal injury lawyers in Stouffville don’t ask for upfront retainers and instead, work on contingency which is a percentage of the settlement. Of course, this is something you will need to ask at the outset. But most personal injury lawyers today charge on this contingency basis based on the compensation that is obtained on behalf of the client.

I Really Don’t Need a Lawyer

In fact, this is true. You can accept the settlement from the insurance company. But consider that your insurance company profits by paying as little as possible on claims and are in the business of looking out for their own financial best interest. Not only is getting the legal advice of a personal injury lawyer important, there are instances when it may be critical. Clients historically get far better settlements with a lawyer working on their behalf.

I Will Need to Win a Case in Court

Most personal injury claims never go to court. Most of them are negotiated and settled after reviewing all the facts and establishing responsibility. The role of the lawyer is to establish the facts and work toward your fairest compensation. This usually takes place through negotiations, settlement meetings, and mediation. But there are times when a fair settlement is not possible. And that is when having your legal rights represented by a professional may be even more important.

I Can Always Get a Lawyer Later

You have up to two years from the date of the accident in which to file a lawsuit. But there are other circumstances where shorter deadlines can apply. Building a case can take time. The more time that elapses, the more chance that critical evidence may not be available. And once an insurance settlement is accepted, you no longer have the right to bring about a suit. Part of the role of a lawyer is to make sure you are meeting the appropriate deadlines for your claim. Your best course of action is to get legal advice at the outset to understand what your rights are and then to make a decision accordingly.

Personal Injury is Litigious

Unfortunately, litigation is often the only course of action in order to protect injury victims. In Ontario, there are many deterrents that have been enacted over the years to prevent frivolous lawsuits. A personal injury lawyer in Stouffville works to protect the rights of injury victims who may not be getting sufficient compensation to offset the very real cost of accident injuries.

To learn how a Stouffville injury lawyer can assist you and ensure your rights, call the legal team of Makaronets Law for a no-cost consultation.

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Personal injury cases are frivolous and litigious.

Fact: The legal recourse of filing a lawsuit is there to protect individuals who have been injured wrongly. In Ontario, there are deterrents that limit the frivolous nature of personal injury claims. For instance, non-pecuniary damages from a motor vehicle accident must meet financial and injury criteria. When you have a threshold of permanent, serious disfigurement that exceeds a monetary deductible of $30,000, this cannot be considered frivolous by anyone’s definition.

Fact: Ontario allows you up to two years from the time of the incident to file a lawsuit. But there are numerous other timelines and deadlines that go into a personal injury claim. Hiring a lawyer will ensure that your deadlines, which can be vital to your case, will be met. Also, building a case takes time. Compiling evidence necessary to win a case is crucial and begins at the time of the incident. The more time that lapses the more chance that this evidence may disappear. Note: Once you accept insurance money, you forfeit your right to file for the same incident. A personal injury lawyer understands the standards for compensation and will ensure you receive the best settlement possible.

• You have ample time to decide if you want to sue: Deadlines to file a lawsuit are legislated in Ontario; generally allowing up to two years from when the injury took place. But other stipulations with shorter deadlines can apply, such as when suing a municipality. Other important deadlines will also be pending for your case, including notifying the insurance company and submitting a claim.

• You will be paid a settlement only if your injuries are physical: Actually, accidents and related trauma can be much more than physical, and include emotional and psychological issues, some of which can be severe. Depression, anxiety, and sleep disorders are all part of what a person might experience. Then there can be missed time at work and lost income, all of which becomes a basis for the claim.

Personal Injury Myths

Hiring a lawyer is just too expensive.

I can wait to see if I need a lawyer down the road.

When you choose the lawyers at B & P Injury Law Office, you have chosen the most experienced legal advice in Collingwood, North Bay, Sarnia and surrounding areas.