Injured? Questions you may have for a Personal Injury Lawyer

When you are injured in an accident, whether a car accident, slip and fall, cycling accident or another event, you are inevitably faced with many questions.  Particularly, how do you know whether the circumstances of your accident and injury qualify you for compensation?  And if so, what’s involved in seeking compensation for your losses? 

Getting accurate and meaningful answers to legal questions requires that your lawyer learns the specific circumstances of your case so that they can properly assess the strength of your claim.  In most cases, an initial consultation is free and provides a perfect opportunity to have your questions answered and also allows you to get to know your lawyer (if you are meeting for the first time).

Some of the common questions accident victims ask in a first meeting

How do I know if I have grounds to make a claim for injury compensation?

If you were injured in a motor vehicle accident, you can claim for compensation under the statutory accident benefits on your Ontario vehicle insurance policy, or on the policy of the driver involved in the accident.  If you choose to do this, the insurer will require you to fill out an Application for Accident Benefits form which includes medical assessments from your physician, and on the basis of the information provided, the insurer will assess the maximum benefits you are eligible to receive.   However, sometimes insurance companies dispute legitimate claims or don’t provide the full compensation you deserve, and in such cases, you can consult with a personal injury lawyer who has the experience to provide strong representation against insurance companies.  Also, anyone injured in a motor vehicle accident has another compensation option (as follows), if the accident resulted from another person’s negligence.

If you were hurt or a loved one was fatally injured due to another party’s likely negligence, an accident victim and their family have the right to sue the ‘at fault’ party.  This option applies if you were injured in a slip and fall accident due to an unsafe condition on public or private property, victims of recreational and sports injuries, product liability, car accident victims, and other forms of personal injury that result from a negligent action.

Anyone injured in a motor vehicle accident, whether as a pedestrian, cyclist, motorcyclist, snowmobiler, or in a car or truck, therefore has two options for compensation.  They can file a civil action against the person or parties responsible for the injury and can also claim for statutory accident benefits. Your personal injury lawyer can explain the advantages to one or both options, given the unique circumstances of your case.

I’ve just been injured in an accident – when is the right time to consult with a lawyer?

It’s important to seek advice from a lawyer as soon as possible after your accident to ensure that you don’t miss any deadlines for filing.  There are several legal timelines for filing a negligence lawsuit, and municipalities have an additional requirement to receive notice of a claim within 10 days of an accident, which is why is prudent to talk to a lawyer right away.  In most cases, the initial consultation is free which means that there is no financial pressure or obligation, and you will know that you are covering all your bases.  

What kinds of compensation can I claim?

When you suffered injuries due to someone else’s negligence, you may claim for any financial losses that arose from your injuries, as well as general damages for pain and suffering and loss of enjoyment in life.  The amount of compensation is dependant on the severity of the injured person’s losses.  Some of the most common financial losses claimed include: medical, rehabilitation and attendant care expenses; past wages lost; loss of future income; family claims under the Family Law Act; housekeeping and home maintenance costs; and other applicable expenses.

How soon will I receive compensation?

Motor vehicle accident claims for accident benefits under your vehicle insurance policy often payout more quickly than civil suits, as long as your vehicle insurer does not delay or dispute your claim.  Car accident victims cannot be compensated twice for the same loss; however, if larger sums are awarded later in a civil action, the amount previously paid out through your statutory accident benefits can be deducted from your civil settlement. Also, statutory accident benefits are limited up to a maximum amount based on the classification of injury severity, while a civil lawsuit can claim for the real financial losses you incurred, which is often substantially greater, particularly in the event of a catastrophic injury.

Although it’s important to receive advice early and ensure that filing timelines are met for your civil lawsuit, you need to allow some time for recovery before assessing the proper amount of damages you are owed. Some injuries improve over time and others worsen, and sometimes symptoms such as chronic pain and psychological injuries are not fully realized until a significant amount of time has passed since the accident.  Therefore, your personal injury lawyer should advise allowing you sufficient time to properly determine how much the accident and your injuries have impacted your life, including your ability to work, function in day-to-day activities, and participate in activities you enjoyed before you were injured.

Will my lawyer provide me with clear details on the potential legal costs?

You should ask your personal injury lawyer to provide you with honest and open information about the potential cost of litigating your case, as well as a written contract that clearly sets out yours and your lawyer’s obligations.

What experience do you have in negotiating with insurance companies and settling claims?

You have the right to ask your personal injury lawyer about their previous experience in successfully settling injury claims similar to yours. 

Of course, there are many other questions you may have for your lawyer, depending on your specific situation and the facts of your case.  The Injury Lawyers of Ontario (ILO) group encompass well respected lawyers who work and live in local communities throughout Ontario.  We also have strong relationships with medical professionals and law enforcement in our community, that serves our clients well throughout the recovery and claims process.   We welcome you to ask for background information about the ILO firm in your community, including about our ties to the community, along with references and reviews from past clients.  Call us today to find out how we can help you and your family.