Frequently Asked Questions
What Is Considered a Personal Injury?
A personal injury refers to any injury, mental and physical, that a victim sustains due to the negligence of another individual or entity. The costs associated with the injury, ranging from immediate medical treatment to recovery and in utmost unfortunate situations: funeral expenses, are to be covered by the party deemed responsible. The coverage of expenses under personal injury law can expand to include compensation for pain and suffering, relatives who are impacted by the victim’s injury, and for the period of time they are unable to return to work/school and regular functioning during their recovery period. These tort lawsuits can be filed against individuals, institutions such (i.e. workplace), and even the City. A personal injury lawyer handles such claims in order to receive rightful compensation for the troubles of the victim.
What is the Personal Injury Claim Process?
Filing a personal injury claim in Ontario is a lengthy process that may span anywhere from a few months to years. The average duration from start to finish is around 1.5 years. When you opt to let a personal injury lawyer handle your case, they will handle the preliminary processes related to collecting evidence, building the case, and filing the claim. Afterward, your case will be looked at by a mediator who will work towards a fair verdict with the given evidence and a mutually agreed settlement between the parties. If the case is not settled at this point, then the pre-trial process will be initiated and the case will be prepared to be taken to court. You and your personal injury lawyer will need to follow the proper local protocol for taking your case to court. Most personal injury cases are resolved before they are taken to court but complex cases with conflicting evidence are often taken to trial if a mutually agreed settlement is not established. All of those processes impact the cycle and timeline of case settlements.
How do I Know if I Have a Personal Injury Case?
When should you hire a personal injury lawyer? The answer is simple: whenever you receive a personal injury at the negligence of another party. One of the biggest mistakes people make is not correctly identifying when they have become a victim of a personal injury accident. For example, if you slip and fall and sustain a serious injury on a snowy sidewalk, you just may have the right to hold another party liable for the accident. Oftentimes, the owner of the property on which you sustained the injury is liable for compensating you whether that be a homeowner or the City. Whenever you sustain a major injury that is greater than a mere scratch, then consider consulting with a personal injury lawyer to understand what your viable claims are in this case.
What Questions To Ask A Personal Injury Lawyer?
If you’re wondering how to choose a personal injury lawyer that best meets the needs of your case, it’s important to pinpoint what questions to ask a personal injury lawyer prior to assigning them your case. Despite those who choose to work with a personal injury lawyer merely based on recommendation, here is what to know before hiring a personal injury lawyer when you are unsure whether or not they are the correct person for the case:
- Ask what percentage does the personal injury lawyer charge. Most lawyers work on a contingency basis which means they are not paid until the case is closed and you are granted financial compensation for your injury.
- Ask about specific injury cases they are specialized in. Some personal injury lawyers have more expertise with slip and fall cases as opposed to catastrophic injury accidents.
- Question them about the processes and outcomes of previous cases, ideally those similar to yours. You will gain a better understanding of the lawyer’s reliability and accuracy.
What To Do After A Personal Injury Accident?
A personal injury refers to any injury, mental and physical, that a victim sustains due to the negligence of another individual or entity. The costs associated with the injury, ranging from immediate medical treatment to recovery and in utmost unfortunate situations: funeral expenses, are to be covered by the party deemed responsible. The coverage of expenses under personal injury law can expand to include compensation for pain and suffering, relatives who are impacted by the victim’s injury, and for the period of time they are unable to return to work/school and regular functioning during their recovery period. These tort lawsuits can be filed against individuals, institutions such (i.e. workplace), and even the City. A personal injury lawyer handles such claims in order to receive rightful compensation for the troubles of the victim.
Will my Personal Injury Case go to Trial?
The majority of personal injury claims are settled before they are due to be taken to trial. When there is a dispute over the facts or a contentious legal issue, then the case is more likely to proceed to trial. However, the more concisely you construct your case with strong evidence, the more likely you and the opposing party will be able to agree on a reasonable settlement. If you didn’t have a personal injury lawyer dedicated to your case up until that point, then you will certainly need one to take on your case if it is sent to trial. The trial may be avoided altogether if a personal injury lawyer with niche experience in your specific injury has already taken on the case before it reaches this point. Individual claimants are more likely to make mistakes regarding small technicalities in procedures that will give them a disadvantage in the process along with prolonging it all together.
How Much is My Personal Injury Case Worth?
Each personal injury case is unique, which is what constitutes the long durations until a settlement is achieved. Several factors go towards determining a fair value for your case. That includes, but is not limited to, the severity of the injury, the medication and treatment required for recovery, physical and mental therapy for further rehabilitation, compensation for pain and suffering, expenses required to maintain a living across a period of time when you are unable to return to regular activities, etc. When you hire a personal injury lawyer, they will assess your case and calculate a more defined due amount that is in line with the specifics of your case. Compensation can range anywhere from a few thousand to over a million dollars.
How Long Does a Personal Injury Lawsuit Take to Get a Settlement?
The shortest period of time from filing the report to receiving a settlement is resolved may be a matter of weeks. The personal injury lawyer handling your case may be able to engage directly with the opposing party or the insurance company to obtain a quick resolution in some cases. If the sides cannot come to a resolution, the litigation might drag on for a year or more in some situations. The more intricate your case is, the longer it will take. Because you have the ability to accept or reject settlement offers, you have some control over the length of your lawsuit.
How Long Do I Have to File a Personal Injury Claim?
The time frame during which the claimant must file a personal injury claim varies from location to location and is regulated by local policies. You must refer to the Limitations Act of Ontario to assess the specific timeframes allotted to various personal injuries. Generally, the claimant may file a personal injury report up to the two-year mark from the day of injury infliction. Generally, it is not recommended to wait for a prolonged period of time to file a case unless it was perhaps an occurrence that you were unaware of (i.e. medical malpractice). For personal injuries that require immediate investigation and compensation, it is recommended that the claimant files a report as soon as their condition has stabilized. For example, in the case of slip and fall claims against the City or a motor vehicle accident, claimants must file a report within 30 days of the incident to prove its validity and urgency. Many claimants commonly also ask, “Can you file a personal injury claim without a lawyer?” if you aim to file a report as soon as possible in those time-sensitive cases. You may do so, but you will be required to maintain the proper formatting of documentation required for filing the report. That is why most claimants do not hesitate to opt for assistance from a personal injury lawyer immediately.
What Can A Personal Injury Lawyer Do For Me?
Many people constantly wonder “Can you file a personal injury claim without a lawyer?” or “Why get a personal injury lawyer in the first place?”. Despite the fact that claimants may handle ongoing processes of their statement and claims on their own up until the case is left unsettled and due for trial, a personal injury lawyer can simplify the process immensely. If the claimant proceeds with the case by themselves, they are nonetheless required to follow through with regular legal protocol and up to the same standard that is expected from legal professionals. Whether that is regarding the statement claim or gathering of evidence. Many individuals are rejected or lose their cases due to technicalities or minor details they did not have sufficient knowledge of. Working with a personal injury lawyer diminishes the probability of such errors and ensures a higher chance of settling the case before it is taken to court.
When Should You Hire A Personal Injury Lawyer?
Ideally, you should hire a personal injury lawyer immediately after seeking medical treatment for your injury. The sooner they take on the case, the more effective they will be able to handle your case for anything from assessing the accident site to collecting evidence and assessing witnesses. They can assist you all the way from filing the statement to settling the case, or taking it to trial — if it comes to that. Any time you sustain an injury that is more significant than a mere scratch is an optimal time to consider hiring a personal injury lawyer to assist in receiving your rightful compensation for pain and suffering.
How Do I Find A Personal Injury Lawyer?
You may ask for referrals of reliable and dedicated personal injury lawyers from relatives, friends, or acquaintances. Additionally, it is optimal to conduct your independent research by looking online, assessing testimonials and feedback from previous clients of the attorneys, and even asking for a consultation before you make a final choice regarding which personal injury lawyer should handle your case.
What To Expect When Meeting With A Personal Injury Lawyer?
Many individuals seek an initial consultation with their personal injury lawyer to determine whether they are best suited to handle the case, what the process will entail, and what expectations to have. During your first session with your personal injury lawyer, it is best to bring a few crucial pieces of documents with you such as police records, physicians’ notes, automobile repair estimates, images of the accident site, letters from insurance companies, and a copy of your insurance policy and/or claims you’ve filed in regard to the accident. That way, the attorney will be able to accurately assess the case prior to initiating any action plan. Be prepared to provide them with a concise description of the event and any key details which can benefit the case.
Where Are You Located And What Cities Do You Serve?
Steinmetz and Associates’ personal injury lawyers are based in Toronto and help clients across Ontario to receive their rightful compensation for pain and suffering.
What Types Of Personal Injuries Do You Help People Get Compensation For?
There is an extensive list of personal injuries which attorneys have dealt with throughout their careers. Some personal injury lawyers may cover many to all types of injuries while others specialize in a selected few. Personal injury lawyers can handle cases that include, but aren’t limited to:
- Motor vehicle accidents
- Long-term injury benefit collection
- Catastrophic injuries (paralysis, spinal cord, etc.)
- Slip and fall accidents
- Dog bite injuries
- Wrongful death
Why Should You Choose Steinmetz’s Personal Injury Lawyers?
Our personal injury lawyers have acquired expertise in all major areas of personal injury that can occur and are liable by local law. By entrusting your case to Harry Steinmetz and associates, you are not only establishing justice within your specific case but also being relieved of the heavyweight inflicted by the injury. Whether mental or physical, all claimants require sufficient time for recovery as opposed to carrying the burden of their case and technicalities on their backs without assistance. Our mission, first and foremost, is to assist you in a time in your life that is difficult.
