If you’ve experienced an accident that has resulted in an injury, now is the time to consider contacting a personal injury lawyer. When you work with a lawyer, you’re more likely to get the compensation you deserve. Just as importantly, a personal injury lawyer has the knowledge and resources to help you understand your rights so you experience less stress during your recovery.
Benefits of a Personal Injury Lawyer
When you hire a personal injury lawyer, the benefits are enormous. For one, having a lawyer will make the process of dealing with insurance companies much easier and less stressful. Your personal injury lawyer will handle all interactions with insurance companies, including the complicated paperwork. Your lawyer will also encourage insurance companies to prioritize your case, settle it quickly, and provide you with the full compensation you are entitled to.
Another important benefit of hiring a personal injury lawyer is that you’ll have access to experts who will protect your rights as they gather evidence for insurance companies and courts. Having sufficient evidence is crucial to proving that you are deserving of a full settlement and proper medical care after an accident.
Steps to Take After an Injury
If you are injured, there is a series of steps you should take quickly. The list below highlights everything you need to do:
1. Get in touch with the police and provide them with as much information as you can regarding the accident.
2. Take down the names and addresses of all parties involved in the accident, including witnesses.
3. Take down insurance information from all involved parties.
4. Notify your physician that you are injured.
5. As soon as possible, tell your insurance company about your accident.
6. Tell your school or place of employment about your accident.
7. Take down contact information for all doctors or other health care professionals who are providing you with care.
8. Keep receipts for any money you spend that is related to your accident.
9. If family members care for you after the accident, ensure that they write down the dates and amounts of time they spent caring for you.
10. Inquire with your employer, educational provider, or other private plans to see if you have additional insurance coverage you can use.
11. Get in touch with a personal injury lawyer from Himelfarb Proszanski to learn more about your rights in your case.
Considering a Lawsuit
Any serious personal injury you receive from a third party may make you eligible to sue for medical bill compensation and lost earnings. In addition, if you need to quit your job due to the accident and enter a new type of work, you can sue to be compensated for training. Talking with a lawyer right away is the best way to know whether you have a case and to make sure you fully understand your rights.
When you meet with your lawyer, you’ll need to bring any evidence you have gathered and be prepared to testify in court. Although many people hesitate to contact a lawyer because they don’t want to deal with the hassle of going to court, you should know that personal injury cases are frequently settled outside of court. If this is the case, you will negotiate a settlement amount and come to an agreement on any additional terms and conditions.
How Much Can I Expect From My Claim?
In personal injury cases, it is common to be compensated for the full range of injuries, damages, and other losses that occur due to your injury. There are many categories of damages, including general damages, pecuniary losses such as loss of income, and Family Law Act claims. Each type is described below to give you a clearer understanding.
General Damages
Pain and suffering and loss of enjoyment of life are covered under general damages. Keep in mind that the Supreme Court of Canada has imposed a $362,000 limit on general damages. In addition, if your injuries are due to a car accident, your claim must meet a “threshold.” This means that you must be permanently and seriously disfigured or impaired in order to receive general damages. The impairment may be mental, physical, or psychological. The Insurance Act may also result in a reduction of your general damage award due to a deductible.
Loss of Income and Pecuniary Losses
Loss of income compensation means that you may recover any income loss due to your accident. Loss of income compensation also covers future income loss, reduced income earning ability, or difficulties competing for work because of your accident.
Compensation for additional pecuniary losses is also available. This includes reimbursement for out of pocket, injury-related expenses such as housekeeping or home maintenance (now and in the future) as well as travel costs. If medical expenses are not covered by OHIP or your insurance policy, they can sometimes still be recovered.
Because family members often suffer indirect losses due to an accident, they are also entitled to compensation. This includes any expenses they have accumulated due to your injury, as well as compensation for the loss of care, companionship, or guidance that the injured party would have provided had they not been injured.
Injuries That Meet the Threshold
The criteria for meeting the “threshold” under general damages are described above. If your injury is considered serious and permanent, you’ll be subject to a $36,000 deductible unless the damages you are awarded are in excess of $121,000, in which case the deductible is not applied. In loss of income settlements, you do not have to meet a threshold. Thresholds are only for general damages.
Things to Know About Consultations
One of the best things about seeking legal advice is that the first consultation is free. During this meeting, a lawyer will ask you about what happened during your accident, what kinds of injuries you sustained, and whether you are impaired in any way due to the accident.
Once the details have been established, the lawyer will clarify whether or not you have a case and tell you more about your rights. You will also get an overview of how the legal process will unfold and receive information on the compensation and medical care you are entitled to.
The Cost of a Lawsuit
After your free consultation, you will not pay legal fees until your case is settled. Most personal injury lawyers use what is called a contingency fee retainer. This means that once your case is settled, you will pay fees in accordance with the percentage you agreed on when your lawsuit began. Your lawyer will cover all disbursement expenses, including medical, accounting, and any experts needed for your case. If you do not win your lawsuit, you will not be charged for legal fees or expenses.
Choosing Himelfarb Proszanski
It is important to choose a law firm with explicit personal injury experience. Himelfarb Proszanski specializes in personal injury law and has 100 years of combined experience at trials. We have also settled more than 3000 cases for over half a billion dollars. Winning your case is always our top priority.
If you’ve been in an accident, speak to a personal injury lawyer.
