Personal Injury Questions
What type of accidents can I sue for?
A personal injury attorney can help you with insurance disputes, disability claims, brain, spinal cord and paralysis injuries, car and motorcycle accidents, wrongful death, wrongful birth, medical malpractice, brain and catastrophic injuries, slip and fall accidents, workplace accidents, and the list goes on.
Who can I sue?
You should discuss this in detail with your lawyer, as suing the correct party is very important. Often times, injury victims are not immediately aware of everyone that had a role in causing their injuries. Victims also worry about suing others—but the other party will be covered by insurance.
Can I make a claim for personal injury compensation?
Yes. If you suffered an injury that was caused by another person’s carelessness, the other person may be responsible for your injury either because they did something or failed to do something which resulted in your injury. A lot of people believe they can be awarded damages when they are involved in a major collision—but this is not true.
How long do I have to file a lawsuit?
If a personal injury lawsuit is not started fast enough, Ontario’s new Limitations Act of 2004 may prevent the lawsuit from continuing. 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 essential for your case. If you have been injured it is important to speak to a personal injury attorney as soon as possible.
Will I have to go to court?
A majority of injury lawsuits started in Ontario settle before going to trial. In rare cases the parties can not agree on a settlement and a trial is necessary. You should hire a lawyer that is willing to go to trial if need be, but also one that will listen to you put your needs first.
What kind of compensation can I recover?
If you were injured at the fault of another party, you are entitled to recover compensation for you losses. These losses usually fall into one of three categories: loss of enjoyment of life (pain and suffering), loss of earning capacity and future care costs.
What if the injured person can’t make decisions because of their mental incapacity?
Sometimes the injured person is not able to make decisions on their own because they are in a coma or suffer from a severe brain injury. In that case, a family member may be appointed to act as a guardian and make decisions for the injured person. Your attorney can advise you about your particular situation.
THE PERSONAL INJURY LAWYERS