An accident is a disheartening situation that can happen to you or your loved one. When the accident is caused by another person’s negligence, it brings more pain and stress. During the recovery process, you cannot handle all the medical, legal, and insurance details. You need to hire a reliable personal injury lawyer to enjoy the following benefits:
1. Improves Your Odds of Winning
You need the knowledge of a qualified personal injury attorney to improve the odds of winning your case. Without this knowledge, the insurance company can take advantage of you.
2. Understands the Legal Process
Personal injury attorneys know who to respond to, how and when. They understand legal procedures and terms. The professional will guide you from the beginning of your case to the end.
3. Prepares You for the Trial
Each case requires proper preparation to win. A personal injury attorney will advise you appropriately what to do to win the case and get the maximum settlement.
4. Knows the Medical Records and other Documents Required
You need to present several documents before the judges when filing your claim. The personal injury attorney will help you to gather the necessary materials before filing the case.
5. Higher Settlements
Individuals who do not hire personal injury attorneys walk away with less money than those who do. The lawyer fights for the highest settlement in the court of justice.
6. Contingency Fees
Mostly, you cannot pay the lawyer if you do not receive your compensation. Therefore, the personal injury attorney will fight for the success of your case to receive his or her payment.
7. Has Experience with Similar Claims
Hiring a knowledgeable personal injury attorney is the best move for your case. A professional who has handled similar cases in the past will fight for the highest settlement possible.
8. Reduces Stress
The attorney will handle the personal injury claim on your behalf. He or she will negotiate with the judges, insurance company’s attorneys, and other court officials for the success of your case. Therefore, if you are confused on what to do after an accident, the personal injury lawyer will help you.
9. Representation in Court
Your lawyer will represent you in the court of law. Therefore, you do not have to attend every court session, unless stated otherwise. He or she will fight your battles.
10. Handling Paperwork
Handling paperwork is tiresome, especially when you are nursing several injuries after an accident. Hiring a Toronto personal injury lawyer in such a situation is advantageous. The professional will handle paperwork and other tasks for the success of your case.
Therefore, after an accident, you should not get worried if you have a competent personal injury attorney. The individual has the required knowledge to ensure that you get the right compensation.
Hiring a personal injury lawyer is crucial in a personal injury case. However, there are measures you should take not to hurt your personal injury case as discussed below.
1. Settling too soon
Personal injuries come with medical bills that need to be paid immediately. In light of the pressing bills, it is tempting to settle for the first offer the insurance company makes. However, settling too soon can rob you of the chance to get the compensation that you deserve. Claims adjusters can be very convincing because they are skilled negotiators. However, you must remember that insurance companies are primarily driven by profit. This means they will explore every measure to pay the least amount possible. It is prudent that you consult with a Toronto personal injury lawyer before you accept any offer from the insurance.
2. Exaggerating injuries or suffering
Under the insurance principle, the compensation you receive is not meant to profit you. As such, exaggerating your injuries is breaching this principle. It is ill-advised to submit false information about your injuries. What you should do is seek medical attention and obtain a doctor’s report. You may have a strong case, but a small exaggeration can cast you in a bad light in front of the judge or jury. Stick to information that can be verified through a doctor’s report or a medical expert witness.
3. Waiting too long before seeking medical attention
If you have been involved in an accident, you need to seek medical attention immediately. You may feel fine, but chances are that the symptoms could show up later. A head bump can lead to a serious complication later. It is prudent that you get examined by a doctor. Do not simply go and obtain over the counter medication. This will work against you when you make an injury claim. The liable party will simply argue that you did not suffer serious injuries.
4. Posting contrary information on social media
You need to be careful about what you share and post on social media when your injury case is ongoing. This is because any contrary information you post can be used against you to discredit your claims. For instance, if you suffer a leg injury and then post pictures of how you went hiking with your friends. Even a picture of you at work when you should have been resting at home can be used against you. The insurance company or party liable may use every strategy to make sure they pay less or do not pay at all.
It is important that you safeguard your rights and privileges so that you do not hurt your personal injury case. A personal injury lawyer will give you more advice on what you should and should not do during this period.
Personal Injury cases are typically, a means to communicate that some individual or group has been aggravated by the actions of another party. It is a civil suit filed against parties which can be an individual, a group or even a government entity for careless and malevolent conduct resulting in harm or severe loss for the plaintiff.
A personal injury case is less about win or lose and more about trying to preserve your dignity. The judicial process is complex and demands that, exasperat>ing compromises be made sometimes. Owing to technicalities and the truculent nature of litigation, it is unavoidable and more often than not, diminishing. Therefore, situations are bound to arise where you may be forced to seek arbitration. Mostly, it is advisable to go with the flow and do what is best for everyone. After all, elongating any process of the law only creates hardships for those involved.
But when it becomes a matter pertaining to the upkeep of your dignity or an attack upon your freedom (physical or financial), the gloves must be off. Every choice must be explored and all the alternatives carefully perused before putting your finger on anything. Personal Injury claims are one such field of play where it becomes imperative to look for a certain set of traits in the person who may represent you. Utmost care and consideration must be implemented in choosing such a person.
Most people give in to the urge of saving big and often make the mistake of going with a public defender. Simply, throw away your purse and ask nicely to be declared indigent. Nobody is questioning the capabilities of public attorneys here, after all, there is a lot of competition for a position in the judicial system. Public defenders are mostly low profile, serious and committed to the job (which is to provide the best possible defense to the litigant). It saves a considerable amount of litigation fees and helps to overcome severe financial drawback in the blink of an eye. Many have used it for genuine reasons and others, just to save a buck or two. But is it really advisable? After all, if public defenders are so great and save so much money, why does the concept of private attorneys exist at all? Let us find out.
A very enlightening study conducted by two economists was published in the New York Times regarding the differences between being represented by a public defender against having an attorney on retainer fight the good fight for you. The study utilized economic tools to account for the various dependent and independent factors involved in the case. Methods like regression analysis were used to account for the presence of uncontrollable factors and to bring the different quantities under the purview of the study in an efficient and unbiased manner.
The results were shocking. Basically, it said that:
- Average sentences for litigants represented by public defenders were more or less, three years longer than those represented by private lawyers. It would be appropriate to mention here that different regression analysis combinations were used in the study to prevent any single factor or cause having a huge impact on the results of the study.
- Once the severity factor was normalized unlike before, it showed not three, but five more years of prison which is worse than before.
What changed here?
Peeling off a few layers, it became clear. The primary assumption that public defenders handled more serious cases than their private counterparts was not true in a lion’s share of the circumstances.
This gave way to the harsh truth that tough situations often warranted a retained lawyer instead of a public defender. Better paralegals, diverse research techniques and considerable resources to back a case is what drives private practices.
That the success rate of public defenders is not as good as it seems on the surface. As soon as the ante is upped on the nature of charges and harsher penalties begin to make their presence known, the balance tips in favor of hiring a private attorney.
Now, it must be easier to figure out the rationale behind the consistent demand and fantastic records of private attorneys, especially personal injury lawyer Toronto.
Is there someone to blame?
Well, no. As it turns out, it is in light of the fact that public defenders are often swamped.
- Owing to the incessant workload, there is bound to be a lack of one-on-one sessions with the clients.
- They are paid miserably, yet expected to work round the clock.
- Moreover, the absolute absence of unadulterated motivation for local politicians to allot funds to this case is alarming at best. No one wants to go to a lawyer unless they absolutely have to, and this is reflected in our public and fiscal policies.
- Public defenders are also known to work around a limited geography. Most are appointed to certain courts and know their way around the ins and outs of those places. It may seem a like a boon initially. But soon, it becomes a liability when personal equations and selfish considerations find a place in the crevasses of the judicial processes.
- The heavy workload combined with the constant reminder that going against the judge in front of you at the moment, can push back your standing in a personal capacity and this is not acceptable. Not when you are scheduled to appear for another hearing after lunch.
- Add to all this the lack of careful individual attention, slow response and lethargic gait of judicial progress and you have got yourself a recipe for failure.
So, weigh your options carefully and decide only after you have done your due diligence. Litigation is never to be taken lightly. Therefore, always be mindful of who you are choosing to represent you. If it is up to you, it is just a matter of understanding of the legal process, the financial constraints and the amount of individual attention you think is required to see through your case.
Ultimately, the ball is in your court. Hence, choose wisely, for it is you and only you who is going to have to live with the outcome and nobody else.
Falls are one of the leading causes of unintentional injuries in Canada. Usually, slip and fall accident victims require treatment and therapy. About one million people visit emergency rooms because of a slip and fall accident. The effects of a fall might vary from minor bruises to fractures and at times even death. Older adults have been found to suffer more as compared to the younger generation. After a fall accident, it is important for the victim to document evidence as it can be used to file a claim so that you can be compensated. Talk to an injury lawyer for advice on how to handle the case.
Here are the common injuries that result from a slip and fall accident
1. Head injuries
Regardless of how minor you assume a head injury to be, it is advisable to seek immediate medical attention. If you suffer a brief loss of consciousness, bleeding or swelling on the head, go to a medical facility immediately. Slight concussions may clear up after a while, but more severe traumatic brain damages might interfere with your functioning ability. Since severe head injury complications might not show up right away, most people assume that they are fine; thus fail to visit the doctor. Besides being a determent to your health, this could also lower your chances of a successful lawsuit.
2. Spinal cord injuries
Usually, spinal cord injuries occur when the spinal cord is compressed or severed. Such injuries are in most cases life-threatening and thus require immediate medical attention and therapy. They are among the most expensive slip and fall injuries to treat. Some end up using more than a million dollars within the first year after the accident. Usually, the injuries that are closer to the head are costlier to treat than those that are further down the spine. High cervical spinal injuries lead to full paralysis while lower one causes paralysis of the lower limbs or milder symptoms.
3. Soft tissue injuries
Soft tissue injuries are not outwardly visible thus can be difficult to prove in a court of law. You might not even notice you have a soft tissue injury until a few days later or at times weeks after the fall. They range from minor wrist and ankle pains to severe ligaments and tendons tears. If left untreated, soft tissue injuries have the potential of causing severe pain and might make the injured susceptible to other related injuries. That is why even if you feel okay after a fall you should consult a doctor to ascertain that you have not sustained any injuries.
Broken bones are painful and devastating since they make the victim immobile in most cases. They could be severe, requiring multiple surgeries or minor, which requires plastering only. If the tissue around the bone is damaged, one might have to undergo therapy to prevent neuromuscular dysfunction and chronic pain. Broken bones tend to cause bleeding and swelling, which makes it difficult to treat. That is why one ought to visit a medical facility immediately after falling.
5. Abrasions and cuts
Although they are common for slip and fall accidents, they are often the least serious injuries. They cause bleeding; thus you might assume that the damage is severe, but this is not always the case. In most situations, the injuries require only superficial treatment such as stitching and dressing. However, for severe cuts and abrasions, more treatment is needed.
If you sustain injuries after a slip and fall accidents, seek experienced legal help to be able to recover compensation. You might need a qualified injury lawyer for correct guidance. Over and above all, remember to consult a doctor immediately.
If you, or a loved one, have been injured in an accident, you undoubtedly have many questions. Chief among your questions very well may center in financial compensation, on getting a fair settlement or judgment in your case. There are a number of factors to bear in mind when it comes to financial recovery in a personal injury case. During a consultation with a personal injury lawyer, you will discover that there are three general types of compensation in an accident case.
1. Special Compensatory Damages
Special compensatory damages represent the payment of money designed to compensate an injured person for actual losses as the result of an accident. These includes such things as:
- medical bills and expenses
- property damage
- lost wages
- other quantifiable losses
2. General Compensatory Damages
General compensatory damages provide compensation to an injured person for what are known as non-monetary losses arising from an accident caused by someone else’s negligence. These include:
- pain and suffering
- mental anguish and emotional distress
3. Punitive or Exemplary Damages
The final type of damages which might be awarded in a personal injury case are known as punitive or exemplary damages. Punitive or exemplary damage are awarded in lawsuits in a limited set of circumstances.
Punitive or exemplary damages are awarded in a personal injury lawsuit when a demonstration is made that the conduct of the party that causes an accident was particularly reckless or egregious. There are limitations on the amount of money that can be awarded in the form of punitive or exemplary damages.
Comprehensive Compensation in a Personal Injury Case
Following an accident, a skilled personal injury lawyer strives to obtain comprehensive compensation on behalf of a client. The stark reality of an accident caused by someone else’s negligence is that losses can carry onward into the future. You very wall may face ongoing medical care and treatment following an accident. For example, you may require physical and occupational therapy as part of the recovery process.
On a related front, you may endure pain for an extended period of time. Some people experience pain from injuries sustained in an accident for the remainder of their lives. You may not be able to return to work any time soon. Indeed, you may never be able to return to the same type of work you enjoyed before the accident as a result of the injuries you sustained. All of these represent the type of reasonably foreseeable losses for which a personal injury strives to obtain compensation for a client. This includes striving to obtain full financial recovery during the claims settlement process or in a personal injury lawsuit.
Retaining the professional assistance of a skilled, tenacious personal injury lawyer is a wise step to enhance your prospect of obtaining justice in your case, and the compensation you deserve. The first step in engaging the services of a personal injury lawyer is scheduling what is known as an initial consultation. During an initial consultation, legal counsel provides you with an evaluation of your case. This includes a discussion of possible strategies designed to enhance the prospects that you obtain appropriate financial compensation in your claim or lawsuit. As a matter of common practice, a personal injury lawyer charges no fee for an initial consultation in a personal injury case.
If you have suffered any form of injury as a result of someone else’s negligence in Canada and many other countries globally, you are entitled to personal injury damages. Basically, the damages are meant to cover the losses you incurred because of the injury. By and large, personal injury law is very comprehensive concept about which a plethora of texts have been written. Here is a brief overview of what’s involved in assessing damages in a personal injury case in Canada.
Assessing the damages
The truth is, it’s quite complex to assess damages at the onset of a personal injury case. On the whole, the actual cost of an injury is indefinite until the injured party seeks medical treatment, receive adequate therapy, and have time for his or her body to rehabilitate, and get better—a process that can even take years.
For injury cases like motor vehicle accidents, the party at fault (who’s found to be responsible for the accident) is required to pay monetary damages to the injured victim. In Canada, the at-fault party’s insurance company is responsible for settling the damages. The amount of damages to be paid to the plaintiff can often be agreed upon before trial—at a settlement. In fact, in Ontario, over 90% of injury cases are settled prior to trail—which is a great thing for the personal injury victims.
There are several factors to consider when assessing the value of an injury claim. These include the cause of the injury, the nature of the injury, and the impact of the injury on the victim’s ability to work or accomplish his day-to-day activities such as work, business, household chores and even recreational activities.
Once your attorney has received adequate medical information from your doctor or medical specialist, he or she will be better placed to provide more precise assessment of the claim
In Canada, most injury damages are categorized as compensatory—which simply implies that they are meant to compensate the plaintiff for the losses incurred due to injury. The goal of compensatory damages is to make the plaintiff “whole again” or bring him or her back to his or her previous state of health before the injury incidence. While some compensatory damages are quite easy to quantify (for instance, reimbursement of medical bills or property damage), others are considerably complex (for example, putting a dollar figure on pain or suffering).
In Canada and many other countries globally, personal injury law is always a nuanced arena that require cosmic knowledge of tort and insurance laws. That’s why it’s critical to seek legal representation to take you through the process successfully.
Laws in Canada are subject to change and evolution. This includes laws associated with personal injury lawsuits in the country. A personal injury lawyer consistently finds his or her self faced with the evolution of laws involving accidents that give rise to injuries and damages.
One aspect of personal injury law that has been evolving in recent years is that associated with emotional distress claims. This has resulted in more emotional distress claims being pursued by a personal injury lawyer.
Overview of an Emotional Distress Claim
At the heart of an emotional distress claim is that the action or inaction of a third party resulted in an individual suffering some type of recognizable emotional or mental health disorder. Depression, generalized anxiety disorder, or PTSD represent three of the most common types of mental health problems lying at the heart of emotional distress claims in Canada.
Physical Harm and Emotional Distress
Historically, in Canada and other Commonwealth nations, a claim for emotional distress needed to be coupled with one for physical injury. In other words, in order to bring a claim for emotional distress in the first place, a person needed to have suffered a physical injury as well. The physical injury and emotional or mental health issue were intertwined as a matter of law,
Ultimately, in court decisions, the mandatory requirement that a physical injury exist to support a claim for emotional distress began to be reconsidered. At this juncture in time, in some instances, a person is now able to pursue a claim for emotional distress of mental anguish without any associated physical injury.
Because of the uncoupling of physical injury and mental or emotional distress, the need for expert testimony is even more important. In order to prevail in a case involving mental anguish, a personal injury lawyer arranges for a respected expert to testify about a client’s mental health or emotional state and status. The expert must be able to provide compelling testimony about the nature of an emotional or mental health condition that arose from an accident or some other type of incident caused by a third party.
There is even a cadre of personal injury attorneys who focus their practices more specifically on assisting clients that have developed some sort of mental health or emotional problem as the result of the negligent conduct of a third party. These lawyers tend to be more closely connected to the experts necessary to provide testimony and other evidence in support of this type of claim.
Debt collectors don’t always receive the positive praise they sometimes deserve. Without the thankless work debt collectors perform, many businesses would be unable to collect past due accounts. A business often turns insolvent when it can’t collect money owed. Even the people the agency chases for money benefit from the company’s work. By paying off past-due debts, it becomes easier to get a financial house in order.
Unfortunately, the past actions of debt collection agencies gave these businesses bad reputations. Harassment became an all too common occurrence. Rules and regulations were established to reverse negatives associated with collections. Nowadays, debt collectors must accept limitations regarding what they can and cannot do. Here are five such examples:
Debt Collectors Can’t Ignore Requests to Cease Contact
Under the law, if you tell a debt collector to stop contacting you, the debt collector must comply. You must make the request in writing. In doing so, you inform the debt collector you realize an attempt is being made to collect money. No reason exists to contact you again. All those annoying phone calls then stop.
Debt Collectors Can Take Further Action
Legal action, however, doesn’t stop. Although the debt collection firm won’t call or write anymore, a lawsuit can be filed to collect the obligation. The credit bureau will also learn of any defaults. Don’t think the debt collection service’s lack of contact now means no more action. You legally owe the debt. The debtor and his/her representative have the right to remedy the situation.
Debt Collectors May Contact Third Parties – Limitations Apply
Collecting a debt becomes difficult when the collection agency doesn’t know where you are. Contacting third parties becomes a viable option for the intrepid collection agencies.
Once a third party provides contact information, interactions with third parties generally must stop. Under no circumstances may a debt collector discuss details about your debts and obligations. Disclosing private information would violate a critical debt collection statute passed by Congress.
Debt Collectors Can Act On Time-Barred Debts
Once the statute of limitations passes on a debt, the debtor has no legal recourse. A lawsuit would be dismissed since the collection became time-barred. You can be asked to pay the debt. If you decline, the matter might not end. A debt collection agency is allowed to attempt to collect on the debt. Again, you retain the right to tell the debt collection service to stop all contact.
A debt collection agency, however, cannot attempt to deceive anyone into paying a time-barred debt. Blatantly threatening to sue — while possessing full knowledge the statute of limitation expired — might get the collection agency in some trouble.
Be sure you know the rules regarding time-barred debts in your state. You don’t want to accidentally legally restart collection actions.
Debt Collectors Might Settle
Debt collectors might settle an account. They aren’t forced to settle, but they likely tell their clients partial payments appear better than nothing. A 50% settlement on the debt could prove beneficial to all parties involved. This can be a great approach towards a mutual understanding.
No one wants to be involved with a medical malpractice suit. Severe pain and injury aren’t worth any possible financial compensation. Once a person suffers from negligent medical care, however, seeking financial compensation becomes highly worthwhile. Simply put, the injured party ends up needing the money. Poor medical care frequently leaves the injured party with expenses.
Visions about receiving a massive jury award often sway plaintiffs to turn down out-of-court settlements. Refusing to settle, however, can be a major mistake. Depending on the case and financial offer, an out-of-court settlement may be preferable. Here are five reasons why:
Litigation Can Drag Out for Years
Civil court cases usually take a long time to complete. Several years can go by before a case eventually reaches the jury. Even with a successful jury award, the litigation might still drag on. The defendant reserves the option to appeals.
Appeals can last years. A decade could pass before the case finalizes. When you sue a defendant with “big pockets,” the chances of a long, drawn-out series of cases increase. With a settlement, all litigation ends once the parties agree to the settlement. Once the settlement agreement finalizes, you receive your payment.
Legal Fees Might Be Enormous
Suing someone costs money. Lawyers bill their fees by the hour. Legal bills pile up quickly and massively when months and months turn into years and years of litigation.
All those legal fees reduce whatever money ends up awarded by a jury. The primary purpose of filing a lawsuit involves receiving compensation for injuries. Becoming indebted to an attorney doubtfully ranks high on any plaintiff’s list of priorities.
Funds Go Immediately Towards Care
Injuries resulting from medical malpractice comes with costs. You may require physical therapy, in-home care, compensation for lost wages, and more. The longer you spend time in court, the longer you must pay out of pocket — or borrow — to cover all the resultant expenses. With a settlement, you gain access to the funds necessary to cover your expenses.
The Settlement Proves More Generous
A jury could award ridiculously low damages. That’s another risk you take when headed to court. In a number of states, limits exist on how much money can be paid out in a medical malpractice case.
Comparing the settlement offer vs. the maximum award limit might prove the obvious: a settlement seems to be the better plan.
The Plaintiff Can Lose
A defendant would only offer to settle if a loss in court was imminent, right? Don’t make this assumption. The defendant may just wish to cut legal costs by settling. Also, you cannot predict how the jury will decide. Despite the evidence proving negligence, the jury could still levy a judgment in the defendant’s favor.
Another disaster emerges for the plaintiff. If you don’t receive any money from the jury, you find yourself owing all your attorney’s legal fees. Remember, filing a lawsuit and heading to court comes with risks.
When involved in a medical malpractice case, discuss the merits of settling with a qualified and experienced attorney. Sometimes, settling delivers the best outcome.
If you have recently been in a car accident or bike accident or if you have recently slipped and fallen only to receive serious or life-threatening injuries, a personal injury lawyer can help. Many people in these situations feel that they deserve compensation for their medical bills and pain and suffering, yet they go about filing their personal injury claim by themselves.
This is simply not a good idea. Only a trained and experienced personal injury attorney can help you file a claim and get you the compensation you deserve for your pain and suffering.
1. They understand the legal system.
First, personal injury lawyers know how the legal system works, and for the most part, other people don’t. Filing a claim and bringing it to court can be extremely difficult. The paperwork necessary is extensive, and you likely won’t have time to figure all of it out on your own. A personal injury lawyer can help by doing all of that legal stuff for you.
2. You’ll get great advice for difficult times.
When you’ve recently been injured, you’re feeling especially stressed and vulnerable. This is a great time for making bad decisions, but with the help of your ever-steady lawyer, you’ll stay sane and focused.
3. You’ll be protected from bad settlements.
Accepting bad settlements is something that plaintiffs often do when they don’t fully understand the legal system. With a great attorney on your side from a leading personal injury law firm, you won’t have to worry about taking a settlement that leaves you with nothing.
4. They’ll help you file on time.
Certain laws make it necessary to file personal injury claims within a certain timeframe, but many laypeople don’t understand this timeline. A personal injury lawyer will make sure that you file in the appropriate fashion and on time.
5. They can handle the difficult things when you can’t.
Being in a serious accident often leaves you unable to do a number of physical things, but it also may leave you emotionally and mentally unable to complete even necessary daily tasks as well. Hiring a lawyer means hiring someone who is fully capable of doing the things that you are unable to. They can give you their support. They can often show up in court so that you don’t have to. And they can fight the big fights that you are unable to fight for yourself.
If you have recently been in a serious accident that caused injuries to you or a loved one, contact a personal injury lawyer in your area today. They can meet with you for an initial consultation and tell you whether you have a case that can earn you the compensation you deserve. You may find it useful to consult with Preszler Law for additional information.