Where do I start? Immediately following the accident:
Seek medical attention. Contact your family doctor or, if you don’t have one, go to a walk-in clinic or hospital to have your injuries assessed. Follow their treatment recommendations, including any necessary medications, follow-up visits, or treatment by specialists or physiotherapists.
Take pictures of your injuries as soon as possible and document their progression and/or effects. You should also take pictures of the scene of the accident including, for example, the area where you slipped, the cars involved in a collision, the faulty equipment that caused the injury, and so on.
Promptly notify your work and their disability insurance company if you are unable to return to work.
Keep any relevant items from the accident, including faulty equipment or products or the shoes you were wearing during a slip. Take pictures of these items (such as the tread on the shoes or boots) and do not use them anymore.
Make a list of the names and contact information of any witnesses or other relevant parties, employees that were present, people that assisted you or anyone else who may have information about the events.
Otherwise, please contact us immediately to have your claim reviewed by a personal injury lawyer to assess your case and ensure that no important steps or information have been missed.
Are there time limitations?
In general, a claimant has 2 years from the date of the accident to bring a claim against the responsible party or parties. It is best to act quickly following an accident, especially while details are still fresh and can be documented more easily.
Speak with your injury attorney promptly to have your case assessed. Even if it has been more than two years, you may still be able to sue for pain and suffering but this should be discussed with your lawyer immediately.
What can I sue for?
Here are some of the various damages you can sue for in a personal injury claim:
You should also note that you may have a claim against the responsible party for medical expenses provided to you as a result of your injury.
How much is my claim worth?
There are several factors that can influence the value of a claim, so it is difficult to provide an amount without reviewing it first. Factors such as the cause of the injury, the extent and nature of your injury, as well as the impact it has on your daily life, and your ability to work must all be considered.
Once all the relevant information and medical files have been reviewed, a personal injury lawyer will be better able to assess the value of your claim. This is done by reviewing similar cases, and the settlements reached or decisions made by courts, as well as the extensive case law available.
How long will it take to get a settlement and will there be a trial?
Although a claim can settle at any point, there are a number of considerations before a settlement is likely to be reached. Properly assessing the extent of your injuries and the impact they have on your current and future life and your ability to work can take time. This is to ensure the full impact of the injury can be documented in order to maximize the settlement value.
This process will often take between 12 and 18 months and will allow your personal injury attorney to properly assess your situation and your claim. Your lawyer will work with you to establish settlement instructions and will consult with you before any settlement offers are made or accepted.
Although it can take up to 4 years for a personal injury case to proceed to court and receive a verdict, as much as 98% of cases reach a settlement before ever going to trial. In most cases, the matter is settled via direct negotiations with the defendant’s lawyer or through private mediation. This is when a lawyer and a representative of the insurance company attempt to reach a settlement with the claimant’s lawyer with the assistance of a private mediator.
Although every personal injury case is different, the full effect and extent of your injuries must be known in order to reach a fair settlement, so it can take between 2 or 3 years on average to reach a settlement. After reviewing your file, your lawyer should be able to provide you with a clearer estimate on the expected progression of your case.
What are a personal injury lawyer’s fees?
You will never have to pay any fees until a settlement is reached. These fees are calculated based on a contingency arrangement, meaning you would pay a percentage of the settlement you receive.
At your first meeting with your injury lawyer, you will be provided with a full overview of the fee arrangement as well as a written fee agreement so you will know exactly what you would be paying if and when a settlement is reached.
Disclaimer: This blog is strictly informational. No intent to render a legal opinion or giving legal advice is intended.