Questions you likely want to ask your Personal Injury Lawyer

Anyone injured in a motor vehicle collision or another kind of accident, due to the careless of negligent actions of another party, may be eligible to receive injury compensation for any losses resulting from their injury.  If you or a loved one was recently injured, you likely have questions about your legal rights and how you can go about getting compensation for your expenses and losses.  The following are some of the most common questions our clients ask Injury Lawyers of Ontario when they are considering making a claim.

1. How do I know whether I have a legitimate claim for compensation?

In determining whether you are eligible to file a tort claim for injury compensation resulting from an accident, you must be able to show that: i) the ‘at fault’ person’s negligent action caused your injury, and their actions were contrary to their obligation to take due care; and ii) you suffered an actual loss, in terms of a financial loss resulting from the accident and/or a loss of enjoyment in life.

2, How much do lawyers charge to handle my case?

In most cases, your personal injury lawyer doesn’t get paid until your claim is settled.  The initial consultation is free and offers claimants a good opportunity to learn more about their legal rights and the relative strength of their claim.

3.  Is there a deadline for filing a civil suit for damages against a negligent party? 

According to Threshold Law, a person must file a claim within two years of realizing that they have grounds to make an injury claim, which is usually two years from the date of the accident.  If a municipality or another government body is named as a defendant in your claim for damages, then they also need to be notified in writing of your intent to file a claim within one week of the accident. 

4.  How long does it take to settle a claim?

An injured person should allow sufficient time for recovery to determine the actual extent of their injuries, before they can realistically assess the amount of their losses.  For example, you need to know whether your injuries will fully heal or are permanent, and whether there are complications associated with your injury.  This may take only a few months or two years in some cases, depending on the nature of your injury.  After you have filed a claim, it generally takes two to three years to settle the claim with the defendant insurer.  More than 90 per cent of claims are settled without going to court.

5.  Is suing the ‘at fault’ person/party my only option for getting compensation?

Anyone who was injured in an accident has the right to sue the ‘at fault’ party. If you were injured in a motor vehicle accident, you have an additional option for injury compensation: you may claim for statutory accident benefits from your insurance company, or against the insurer of the driver involved in the collision.  Your personal injury lawyer can best advise you on which options provide optimal compensation.  In many cases, a person may file for accident benefits, and also sue for losses beyond what is available through their insurance policy (such as non-pecuniary damages for pain and suffering).

6.  What kind of compensation am I entitled to receive?

If the person who caused your accident is found liable, you can be compensated for any losses resulting from your injury.  This includes any loss of income, before your case is settled as well as future loss of income; medical and rehabilitation expenses; housekeeping and home maintenance expenses; family expenses; and pain and suffering.  Generally, the amount of losses coincide with the severity of injuries.

7.  How likely is it that the responsible person will be found liable for my injuries?

The answer to this question depends on the circumstances surrounding the accident. In slip and fall cases, for example, the property owner may be found responsible for your injury if there was an unsafe condition on the property that they ought to have been aware of, and which caused you to fall.  In motor vehicle accidents, liability depends on whether a driver’s error, carelessness or negligence caused the accident.  In rear-end collisions, the rear driver is almost always found at fault. 

It is a good idea to meet with an Injury Lawyers of Ontario (ILO) lawyer soon after your accident to discuss the particulars of your case and find out about your best options.  This will allow you to make a decision that is in your best interests, and generally there is no cost for the initial consultation.