Frequently Asked Questions About Personal Injury Law or Legal Representation
You may have an insurance adjuster calling you wanting to get a statement. We recommend you do not speak to the adjuster until you have spoken to one of our personal injury lawyers to discuss your rights. If you or your loved one is in the hospital and want to speak to a lawyer right away, call us and we will come to you. The consultation is free and there is no obligation on you to retain us if you aren’t satisfied with what we have to tell you.
Laushway Law’s fees on personal injury files and some other matters are based on a percentage of the overall recovery. This is known as a contingency fee retainer. In other words, you will pay no fees unless we recover money for you.
The legislation and case law behind personal injury litigation is extremely complex. There are a number of issues or categories of damage you need to be aware of and you need to understand which insurer is responsible for paying them. No matter how polite the adjuster is on the phone, s/he is there to protect the interests of the insurance company. We have experience in dealing with adjusters and know what is required to properly work-up your claim for damages.
In Ontario we have what is known as a partial no-fault insurance system. As a result, there are two potential streams of compensation. The first is known as your Accident Benefits claim (SABS) with your own insurance company. Through the SABS you may be entitled to specific benefits including income replacement, medical and rehabilitation benefits, attendant care benefits, funeral and death benefits and a few others. To obtain compensation for your pain and suffering and additional economic loss or out of pocket expenses you may have what is known as a “tort” claim against the other driver. Our main goal when representing a person injured in a motor vehicle accident is to ensure that they receive full and fair compensation from both streams of insurance coverage.
The full extent of the work required on your file depends on the type of claim and the particular circumstances you have. In general terms we may need to obtain witness statements, tax information, hospital records, records and reports from treating physicians and hire the appropriate expert for the various aspects of your claim. The investigation takes time and money. On a contingency fee basis we will cover those expenses until your case settles and will not charge you a fee if there is no recovery.
This answer depends on the complexity of your case and the severity of your injuries. For most motor vehicle and slip and fall accidents, it takes between 1-2 years in order to achieve a fair resolution. Generally, we wait until you have reached your maximum medical recovery. It is our obligation to you and your family to ensure that we fully appreciate the extent and severity of your injuries. We must also know the effect your injuries have on your future including your ability to work or function.
If you have fallen and injured yourself it is important to gather evidence right away. For example, it may be helpful if you or someone you know can re-attend to take some photographs of the scene as soon as possible and to obtain, if possible, the names and contact information of any witnesses. There may also be a very short notice period of 7 days depending on where you fell. It is important to contact us as soon as possible so that we can ensure all of your rights are protected.
We may be able to give you a range after we become familiar with your case but predicting a specific amount is almost impossible. If your case is going to be settled without a trial, at some point we will recommend a figure that you can consider in relation to any settlement offers being made by the defendant.
No, we do not act for insurance companies as we are completely dedicated to representing injured victims.