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FAQs about Personal Injury Lawsuits in Ontario, Canada
This article is intended to offer general comments on legal developments of concern to individuals, business and legal professionals and is not intended to provide legal opinions. Readers should seek legal advice on the particular issues that concern them. © Zvulony & Company. P.C. August 2006.
Personal Injury FAQs
What Type of Accidents or Assaults Can I Sue For?
- A personal injury lawyer can help with any of the following: Insurance Disputes, Occupier’s Liability, Long Term Disability, Car Accidents, Boating Accidents, Trucking Accidents, Motorcycle Accidents, Construction Accidents, Sex Abuse, Child Abuse, False Arrest, Malicious Prosecution, Fire Accidents, Brain Injuries, Spinal Chord Injuries, Paraplegic Injuries, Wrongful Death, Dog Bites, Slip and Fall, and Product Liability.
- A personal injury lawyer can examine the causes of an injury and determine whether someone should be held responsible for the injury.. A personal injury lawyer can also help assess the amount of money that is likely to be recovered.
- There are a number of cases and statutes that could be important in analysing who is responsible for someone’s injuries. For instance, if someone becomes intoxicated at a bar and are then injured while driving, they may be entitled to claim compensation against the bar. Other examples could include property owners or municipalities that do not have appropriate safety measures or snow and ice maintenance in place on their properties or roads.
- Even if someone were injured outside of Ontario or Canada, they may be able to start a lawsuit here in Ontario. People who live outside of Ontario may also be allowed to start a lawsuit here.
What Types of Injuries Can be Sued For?
- An injured person may be entitled to compensation. Some injuries cause broken bones, some cause internal injuries, some cause soft-tissue strains and tears, and others cause psychological trauma. Psychological trauma or soft-tissue injuries can often devastate someone’s ability to work, and their life in general.
- Just because some injuries are more difficult to prove than others, that does not mean that the injured person should be denied compensation. A knowledgeable and experienced lawyer can often gather the necessary evidence to prove the merits of your case.
Who Can I Sue?
- An injured person should discuss the specific facts of their case with a personal injury lawyer. Suing the correct parties is very important. Often, injury victims are not immediately aware of everyone that had a role in causing their injuries.
- Also, injury victims are sometimes worried about suing others, until they find out that the other person will be covered by insurance. For instance, a husband may be driving his wife when he causes an accident – the wife may be entitled to sue her husband through his car insurance policy. Another example could be where you and your friend are at a baseball game and she accidentally trips you – in that case you may be able to sue your friend and recover through her home insurance policy.
How Long Do I Have to Start a Lawsuit?
- If a personal injury lawsuit is not started fast enough then the law may prevent the lawsuit from continuing due to the passing of a limitation period. In 2004 a new Limitations Act came into force in Ontario that changed how long you have to start a lawsuit. Some cases are now governed by the old limitation periods, some by the new limitation periods, and some by “transition rules”. In some cases, limitation periods can be extended. Knowing the limitation period is a crucial piece of knowledge that an injured person should know. If you have been injured it is very important to speak to a personal injury lawyer as soon as possible.
How Much Does it Cost to Speak to a Lawyer About my Case?
- Our Toronto personal injury lawyer gives free initial consultations to anyone who fills out the free consultation form.
How Much Would a Lawyer Charge to Handle My Lawsuit?
- A lawyer’s fees depend on the lawyer and the complexity of the case. Our personal injury lawyers work on many cases where they are paid a percentage of their recovery at the end of the case. In those cases, the lawyer is not paid during the lawsuit, and often finances all of the disbursements, such as expert reports, investigators, and ongoing costs of the lawsuit as well. Often, the injured person does not pay anything during the course of the personal injury lawsuit.
How Much Money Can I Get From A Lawsuit?
- This all depends. In Ontario, the amount of money awarded for an injury depends upon how the injury impacts on a number of areas of the injured’s life. For instance, if a famous piano player suffered a broken hand, they might receive more money than someone with the same injury whose hands are not as important for their job (like a lawyer). A knowledgeable and experienced personal injury lawyer will be able to develop your personal injury claim in accordance with the law.
How Long Will the Lawsuit Take?
- Generally speaking, the larger and more complex the personal injury lawsuit is, the longer it may take. Our lawyers will do everything that they can to resolve a personal injury case quickly and fairly. Sometimes, defendants (such as insurance companies) will not pay fair compensation until shortly before or sometimes even during a trial. Sometimes an injured person has to proceed through a trial. Other times a lawsuit can be settled relatively quickly. Timing can often depend on your expectations, and the defendant’s views. Some cases can be settled very quickly while others can take several years.
Which Lawyer Should I Hire?
- An injured person should hire a lawyer who focuses mainly on personal injury cases. The law of personal injury is very complex and not all lawyers are competent to practice personal injury law. An injured person will want to hire a lawyer that has court room experience in personal injury law and also knows how insurance companies operate. An injured person should also inquire about the lawyer’s track record and the law firm’s ability to afford the significant costs of medical and liability experts that may be necessary. Most of all, an injured person should hire a lawyer that will communicate with the client during all steps of the litigation process. Our personal injury lawyers meet the above criteria. Feel free to contact them for a free consultation.
Will I have to go to Court?
- The overwhelming majority of personal injury lawsuits started in Ontario settle without a trial. In rare cases the parties cannot agree on a settlement and a trial is necessary. During the course of litigation, the lawyer(s) for the other side(s), will typically have an opportunity to question the injured injured person about their claim; this is done out of court, is recorded, and is called an examination for discovery. An injured person should hire a lawyer that is willing to go to trial if necessary, but also one that will listen to the client and take instructions.
Our Toronto Personal Injury Lawyers give free consultations to anyone in Ontario. Simply Ask your question by completing the form and an experienced Toronto personal injury lawyer will call you to answer your question.