When someone is careless and because of their carelessness you suffer an injury, the law provides that you can sue that person and recover damages from them. This document deals with the area of law known as negligence or personal injury law. It provides you with a brief review of how the law protects a person who has been injured.
The most common way people are injured today is in car accidents. If the driver of the other vehicle has been negligent, you are entitled to recover from that person an amount of damages which will try and place you in the same position you were before the accident. There are many different types of damage a person can suffer in an accident, but the major types of damages are:
1. The physical injury itself and the pain and suffering associated with it;
2. Loss of earnings before and after settlement;
3. Expenses incurred before settlement such as prescriptions, repair of physical damage to vehicles, and hospital expenses;
4. Cost of future care and other such expenses;
5. Housekeeping services;
6. Interest.
You lawyer is responsible for maximizing your claim and making sure you recover all that is supposed to coming to you.
This issue is at the heart of a personal injury claim. To provide a cursory answer to such a question in this article would not be appropriate. However I am prepared to meet with you for a no charge initial consultation and at that time I should be able to give you an idea as to what your claim is worth. Bear in mind that you should not expect USA style damages in Canada.
When you are in an accident you should contact your lawyer as soon as is practically possible. Important facts about the accident you were in should be written down and your lawyer will help you focus your thoughts respecting the accident. Witness statements should also be obtained. Further your lawyer will advise you to keep a diary of some sort which will document the course of your recovery as well as keep track of expenses you have incurred as a result of the accident, such as prescriptions, medical user fees, and lost wages. If you work with your lawyer, you will play an important role in maximizing your claim.
There is nothing to stop from dealing directly with the adjustor. Bear in mind that you may know how much it costs to fix your car, however it is a different matter to figure out how much your personal injury claim is worth. An adjustor works for the insurance company. It is an adjustor's job to minimize the amount of damages the insurance company has to pay. You lawyer is hired to work for you; he must not have divided loyalties. It is always a good idea to talk to a lawyer, before talking to the adjustor.
A lawyer will not usually charge for the first half-hour consultation, which by the way, is another reason not to feel hesitant about talking to a lawyer with regards to an accident. If the lawyer wishes to take on your case, he may either charge you by the hour, charge a fixed fee, or charge by way of a contingency fee. A contingency fee basically means that the lawyer collects a percentage of what you eventually receive. If you do not receive anything under a contingency fee arrangement, then neither does your lawyer, except you must still pay for matters such as medical reports, court filing fees, and witness fees.
This will depend upon a number of factors, each case is different in terms of the time it takes to settle. The key fact to remember here is that it takes time and patience to settle a personal injury case and that you should not count on receiving any money until you have the cheque in your hands.
If your lawyer is unable to reach a settlement of your claim with the insurance adjuster, then you will likely have to start a law suit whereby you will sue the person or persons who may be responsible for your injuries. Your lawyer will prepare a document called a Statement of Claim which sets out the facts which make up the basis of your case. After this is issued and served, a lawyer is usually hired to represent the interests of the people you sued and their respective insurance companies. If the matter cannot be settled at this stage, then there are a series of meetings called discoveries where your lawyer and the other lawyer are entitled to ask questions of you and the other parties being sued for the purpose of learning more about the other parties case to decide if it should go to trial, or if a settlement should be reached. If there is still no settlement after the discovery process, then your case is given a date for a Trial by the Court Administrator. The length of the Trial will vary depending upon the complexity of your case, but at the end of the Trial, the Judge who has heard your case will provide a Judgment determining the degree of fault of the other party and the amount of money you are entitled to. If you disagree with the Judgment or the other lawyer disagrees, then the Judgment may be appealed.
Basically you have two years from the date of your accident in which to due someone. However, depending on your case, there may be other time limits which are much less than two years, which if not met can mean you will not be able to recover any monies. The importance of consulting with your lawyer early is all the more important because of time limitations. If you consult and hire your lawyer within time then it is their responsibility to deal with the time limits.
Just as you should not delay in seeking medical treatment for an injury, you should not delay in seeking legal advice. Bear in mind that the law is there to assist you and that you have a right to make use of it to help you recover in part what you have lost.
