No matter how careful you are, accidents happen. You may be involved in a car accident or slip and fall on a sidewalk or in a store. Other common forms of injuries include those on public transit, in medical facilities, or caused by defective products.
If the injury is minor, a few bandages and an Aspirin may allow you to continue with your day. But if you require medical treatment or are forced to miss work - and the incident was caused by another party's negligence or intentional actions - you should contact an Ontario personal injury lawyer. Here are 10 reasons why.
1. They Have Experience Dealing with Insurers
Insurance companies count on you being unaware of the actual value of your claim. They will attempt to diminish the extent of your injuries and encourage you to accept an early settlement. The amount they offer may seem reasonable at first but will it adequately cover future expenses, especially if you require ongoing treatment and medications?
And be warned: Once you accept an insurance offer, it becomes final. You give up any opportunity to seek further compensation from the insurance company. Personal injury lawyers have experience dealing with insurance companies and can work to obtain the compensation you need.
2. They Know the Law
The legislation governing personal injury cases includes federal laws and provincial laws on torts and damages, such as Ontario's Negligence Act. Personal injury lawyers are well-versed in those pieces of legislation. They also keep abreast of new developments in common law, also known as case law.
It comprises the written decisions of judges in court cases and tribunals. That is important, as judges adhere to the principle of stare decisis, requiring them to follow previous rulings of other judges in higher courts in their province or territory - and the Supreme Court of Canada - on the same issue. If you decide not to retain a personal injury lawyer you are unlikely to be aware of relevant court decisions that could affect your case.
3. They Gather Evidence for Your Case
The success of a personal injury claim depends on how well a plaintiff can document their injuries and that another party is responsible for that. The evidence a personal injury lawyer assembles on your behalf includes:
- photos and videos from the accident;
- police reports;
- medical records, detailing the extent of your injury and what medication and/or rehabilitation was necessary afterwards;
- eyewitness statements, including locating witnesses after the accident;
- video surveillance footage, if available; and
- in some circumstances, expert reports relating to liability and/or damages.
After accumulating all available evidence, a personal injury lawyer can put forward a strong claim on your behalf.
4. They Anticipate the Defendant's Actions
Drawing on their experience, a personal injury lawyer can anticipate defences that are likely to be mounted against your claim. For example, in the case of a slip and fall on broken pavement within a municipal property, a city might argue that s.44(1) of the Municipal Act protects them from liability.
That section states that municipalities can raise the defence that they "did not know and could not reasonably have been expected to have known about the state of repair" of the municipal property in question. This tactic can be effective, as shown in a recent case where the Town of Ajax was found not responsible after a woman fell on an uneven sidewalk.
5. They Can Show Who Was at Fault
With any personal injury case, it is essential to establish who was responsible for causing the damage. With auto accidents that is usually one of the drivers, though a municipality can also be at fault if the roadway was improperly designed or not maintained.
6. They Know Limitation Periods
Every Canadian province and territory has a statute of limitations that applies to civil disputes, setting out legally enforceable deadlines for bringing a claim. The general default rule in Ontario is that an injured person has two years from the date of the accident to start a lawsuit. But there are exceptions. For example, if a physical injury did not present itself until months after the accident, the plaintiffs have two years from when the injury was discovered.
Much shorter deadlines may apply when it comes to slip and falls. For example, claimants must provide written notice to a private property owner within 60 days of the accident if the injury was caused by ice or snow. If the slip and fall occurred on public property, the notification period is only 10 days. Failure to provide notice within the relevant periods may prevent you from bringing a personal injury claim.
7. They Determine What Your Claim is Worth
Personal injury lawyers can review your case and whatever evidence you can provide. They will look for similarities with previous cases that have been settled in Ontario and can give you a good idea of the damage award you may be entitled to. A fair settlement should put you in the position you would have been in if the injury had not occurred.
8. They Guide You Through the Jargon
The personal injury claims process can be confusing. Insurance companies are fond of using industry jargon that lay people may not fully understand. The same issue arises when dealing with the justice system, where people may feel intimidated and unsure of what to do next. A personal injury lawyer can guide you through the system, making sure that you meet the deadlines and file the appropriate paperwork along the way.
9. They Obtain a Fair Deal For You
The majority of personal injury cases do not make it to court. That is because experienced personal injury lawyers routinely negotiate with insurance companies on their client's behalf to reach a fair settlement.
10. Their Cost is Reasonable
The legal team at Gluckstein Lawyers works on a contingency fee basis. That means we are only paid when you are paid. We will never charge you any upfront fee or other expense to pursue your case unless you have explicitly agreed to such an arrangement. We believe that your ability to pay for a lawyer should not depend on your finances - it should depend on whether we obtain results for you.
Contact Us For Assistance.
You should always consult with a lawyer after sustaining any personal injury. The team of Ontario personal injury lawyers at Gluckstein Lawyers offers the gentle touch and compassion your family needs when faced with life-altering injuries while still fiercely advocating for your rights. If you or a loved one has suffered an injury, contact us for a free consultation.