Frequently Asked Questions About Personal Injury Law or Legal Representation

Below are answers to frequently asked questions about personal injury law or legal representation in cases with a personal injury claim.
Have your own question?  Contact us for a free consultation.

I, or my loved one, is in the hospital after a bad accident. What should I do?

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.

I’d like to have a consultation about my personal injury. How much will it cost to consult with a personal injury lawyer at Laushway Law?
We understand the difficult financial situation you may be in following an accident.  We, therefore, offer you free consultation.  You can tell us your story in your own words and on your terms.  It is completely confidential.  Don’t worry about watching the clock.  We will give you as long as it takes to explain the process and discuss your options. There is never an obligation to hire us as your lawyers.  We will assess your case, answer your questions and give you your options.
How much will it cost me if I hire 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.

Why do I need a lawyer to deal with the insurance company?

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.

I just had a car accident. Why are there two insurance companies calling me?

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.

What will you do to work-up my file?

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.    

How long will it take to settle my case?

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. 

How long do I have to sue?

The answer to this question depends on when your accident or dismissal occurred. Call our law firm immediately to find out how long you have to sue. The call and your initial consultation are completely free.

What should I do after a slip or trip and fall injury?

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.

How much compensation will I receive?

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.    

Do you represent insurance companies?

No, we do not act for insurance companies as we are completely dedicated to representing injured victims.