Hamilton Personal Injury Lawyers – Insider Secrets of a Personal Injury Law Case

Too often we never even think about being involved in a personal-injury, either as a victim or the person liable for the accident. In reality, you can be the victim or cause of an accident in the blink of an eye. This is why understanding your rights as a victim and obligations as the person liable for the accident is critical to your emotional, psychological, physical and financial well-being. Secondarily, knowing how to choose a good lawyer is probably the next most important consideration to your health.

Consider these secrets if you’re involved with the personal injury law case

1. How long do I have to start a lawsuit?

a. There are statutes of limitation. This will require research in the opinion of your lawyer. This is because different limitation acts and transition rules come into play. In some situations these limitation periods can be extended if necessary. It’s critical to speak to your lawyer as quickly as possible.

2. What can I sue for? You can sue for the following:

a. Insurance dispute

b. long-term disability

c. medical malpractice

d. accidents

· car

· boating

· trucking

· motorcycle

· construction

· fire

· workplace

e. occupiers liability

f. sex abuse

g. Child abuse

h. false arrest

i. malicious prosecution

j. brain and spinal cord injuries

k. paraplegic injuries

l. wrongful death

m. dog bites

n. slip and fall accidents

i. product liability

o. Physical trauma including broken bones, internal injuries, soft tissue strains and tears.

p. psychological trauma

q. and so on

3. Who can I sue?

This is a tough one to answer. It depends who caused the accident whether intentional or otherwise. Even when the other person is a friend or acquaintance they may be covered by their home insurance policy. Like every situation that will require an experienced attorney to determine who the correct person is to sue.

4. How much will my lawyer charge me?

Often, but not always, the initial consultation is free. The lawyer see depends on several things: the lawyer, your case and possibly other factors. It’s not uncommon for personal injury lawyers to work for a percentage of the settlement and this means that the injured person may not pay anything until the case is settled. However, every lawyer and law firm is different. It is in your best interest to ask.

5. How much can I sue for?

a. Again there’s no clear-cut answer. After all, we’re talking about the law. If you were a highly paid surgeon and your hands were to be injured and you couldn’t work then you would be paid more than an unskilled labourer with the same injury. Your lawyer needs to evaluate your situation and file in accordance with the law. If you are injured at the fault of another party and you’re entitled to recover compensation for your losses. Buses typically fall into three categories: pain and suffering, loss of earning capacity, future care costs.

6. How long will my lawsuit take?

a. Well, I guess you know the answer to this one. It depends. Depends on what? Well, the more complex the lawsuit the longer it’s going to take. Many times especially if an insurance company is involved settlement is achieved until you go into the court — we’re talking years. Other times, settlement can be reached quickly. This is probably the exception however.

7. Who is the best lawyer to get?

a. Well again it depends on the lawyer’s experience and specialty. My recommendation would be to find a lawyer who focuses and specializes in personal injury law. Get the lawyers personal track record for success in dealing with insurance companies and has experience and success in the courtroom. Inquire about the law firm’s ability to cover the costs of the case as they arise. And, from a personal point of view make sure that your lawyer is approachable and communicates well and regularly with you.

8. Will I have to go to court?

a. The majority of law cases involving personal-injury are settled out of court. This is not to say that your case might not go to court, but it’s unlikely. One things for sure, it will probably take a long time to settle. There will be examination for discovery, pre-trial and trial. This can take months to years so relax and stay calm.

9. What if I can’t make decisions for myself because of my accident,

a. if you are unable to make decisions on your own because you’re in a coma or have suffered from a severe brain injury, the family member may be appointed to act as a guardian to make decisions for you. Of course your lawyer will advise you as to your rights.

10. Will my lawyer tell me if I have a strong case?

a. Again this is difficult to answer and depends on the specific facts of the case. The strength of your case lies in what is written and documented not in what you remember, think. When it comes to making a settlement the lawyer will give you his or her recommendation.

11. If I sue an insurance company that is paying my medical expenses will they continue to pay my medical expenses after the settlement?

a. that expense will be calculated and included in the settlement with the insurance company. Once you’ve signed a release you will receive no more payments.

12. How do I choose a good personal injury lawyer?

a. Contact the Upper Canada Law Society and request a list of personal injury lawyers for your area. You may be able to check their website.

b. Ask friends and relatives if they know a good lawyer.

c. Ask your family lawyer.

d. Interview two or three different lawyers that are recommended to you. Ask questions pertaining to their experience, type of practice and the recommendations. Ask at the belt with a case like yours. This is no time to be timid. Ask for an estimate of the cost, ask how often they communicate with you. Ask the lawyer for his or her opinion as to how difficult your case will be, ask if he or she has an idea what it might settle for. The clear upfront which your responsibility will be should you lose the case.

e. Develop a sense of whether you can work with this person. Be patient but insist on regular updates. If it’s not going well don’t be afraid to fire your lawyer.

13. The insurance adjuster has made me an offer to settle and I haven’t even talk to a lawyer. What should I do?

a. Do not accept it. Don’t sign anything without first consulting a personal injury lawyer.

14. Can I handle a personal injury claim myself or should I get a lawyer.

a. You can do pretty well anything you want that should be foolish not to seek at least an initial consultation with a personal injury lawyer. Remember these cases are subject to a statute of limitations and time is of the utmost importance. So contact the lawyer immediately. Also remember the most personal injury lawyers will take a case contingent on winning it. What does this mean? Means you don’t know anything if they lose so it’s in their best interest to win. And often the settlement they get will be considerably higher and will include their fees.

15. How do I know if I have a personal injury claim?

a. You have a personal injury case when you can show that you have been injured physically psychologically or emotionally due to the negligence, misconduct or actions of another person. Even if you had some input into it you still may have a strong case if you can prove the other person had a larger portion of the responsibility for the accident or situation that caused the injury. The definition of personal-injury is an injury to one’s body or mind and may be grounds for a lawsuit if someone besides the victim is responsible for the injury.

16. What questions should I ask my lawyer?

a. Are you charging me for this consultation?

b. What rights do I have that need to be protected?

c. Who pays my expenses — medical, drugs, transportation, lost income, pain and suffering…

d. What forms of documents and papers do I need to acquire? What forms are required? Will you help me fill in these forms and claims?

e. What letters need to be sent? Who needs to be notified?

f. How often will you contact me? Will I be dealing with you or someone in your office? Who do I call if I have questions?

g. How long is your firm been in business? I wanted to been with the firm was your experience in this area of the law? Do you specialize in personal-injury and accidents? Have you sued insurance companies before? Have you got trial experience?

h. Do you have professional liability insurance?

i. How will I be charged? How much will it be charged? Will it be charged if you don’t recover money for me? Do you work on a contingency basis?

j. If you’re married find out if your spouse is entitled to any of the settlement are money awarded especially what happens if you get divorced.

k. If a child is injured which parent should bring claim and what happens to the settlement money?

l. How long will this take?

m. How much will I get?

n. What are the challenges and problems in my case how can we overcome them?

o. Or the legal tests involved in this case and what would be your strategy to overcome them?

p. Does your law firm have the resources necessary to fund this litigation and go to trial if necessary?

q. When you expect me to pay or come up with money if I have to?

17. What are the biggest concerns my lawyer will have about my case?

a. Time limitations

b. gathering evidence — testimonials, discoveries…

c. financial costs to take your case to trial

18. What should I do after the accident or injury occurs?

a. Know who’s at fault. If more than one person get all the names.

b. Keep records of all your medical expenses and lost wages.

c. Record and document pain and suffering.

d. Get names, numbers and addresses of witnesses.

19. Can I get insurance to protect me against personal liability?

a. Yes you get liability insurance provides coverage for you in the event that you are negligent in your actions or omissions resulting libel, slander, invasion of privacy or false arrest. Check with your insurance company if you’re interested in if they don’t offer it asks what might.

 

Hamilton Personal Injury Lawyer Services lists Personal Injury Lawyers in Hamilton Ontario. If you or someone you know needs legal assistance in Personal Injury law in Hamilton, we can help. Our goal is to provide a directory of legal services pertaining to personal injury involving car accicdents, slip and fall injuries, medical malpractice, appeals and other injuries.
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