Every year, thousands of people suffer personal injuries in Ontario as a result of vehicle accidents, bike and boats accidents, dangerous premises, slip and falls and other causes. Accidents can leave you with traumatizing and life-changing injuries. Unfortunately, many victims do not fully understand Ontario personal injury laws or their right to seek personal injury compensation.
Most people shy away from pursuing personal injury claims because they feel intimidated by the process of hiring a lawyer to pursue a personal injury lawsuit. Therefore, many deserving claims are not pursued. In addition, many personal injury victims accept much lower settlements than they deserve.
If you suffer injuries caused by someone else’s negligence, you need to understand your legal rights and how to seek compensation. That’s why it is crucial to consult an experienced personal injury lawyer in Mississauga to help you gather evidence and file a claim to seek compensation. A lawyer will answer any questions that you have and explain the legal process to you to help you seek compensation.
Understanding A Personal Injury Lawsuit
You can pursue a personal injury lawsuit if you suffer harm from an injury or accident caused by someone else’s negligence. A victim brings a legal claim against the party legally responsible for their damages. You will submit a claim to seek compensation from the at-fault party, who could be a person or an entity. You could also submit a personal injury claim to seek certain benefits from your own insurer.
In personal injury claims, the victim is known as the plaintiff, while the at-fault party is known as the defendant. The plaintiff must prove that the defendant acted negligently in relation to the injury or accident that caused their harm.
A Lawyer Will Defend Your Rights
Your personal injury lawyer will gather evidence and present it to prove that the defendant is responsible for the harm you suffered. Your lawyer will support your personal injury claim with evidence, like medical reports, to prove your right to fair compensation. On the other hand, the defendant will hire a lawyer to challenge your claim and prove that they are not responsible for the harm you suffered. For example, the defendant can provide medical records to prove that the victim had certain injuries even before the accident. The defendant could also claim that you are exaggerating your injuries.
Most personal injury cases in Ontario settle out-of-court. However, if settlement is not possible, the case will proceed to trial, where your lawyer and the defence lawyer will present their evidence. After evaluating the evidence, the judge or the jury will give a ruling.
Steps in A Personal Injury Lawsuit
The process of seeking compensation starts with contacting your lawyer. The lawyer will collect information regarding the circumstances of your case. They will also gather evidence to help identify the liable parties. Sometimes, it is not always easy to know who is to blame for your injuries. A lawyer helps you to identify all the at-fault parties.
Your lawyer will seek to know whether all your injuries are related to the accident or whether you had some medical issues even before the accident. How have the injuries impacted your life since the accident? Your lawyer will gather your medical records and reports to prove that you deserve compensation.
After gathering all the necessary evidence, your lawyer may contact the defendant’s insurer to seek a settlement offer. Most cases settle out of court. However, if the plaintiff and the defendant, together with their lawyers, cannot reach an agreement, the case proceeds to trial.
Insurance Companies Will Investigate Your Personal Injury Claims
The defendant’s insurers will likely hire insurance adjusters to investigate your personal injury claim. The sole goal of insurance adjusters is to determine whether the insured is liable for the damages and how much the damages are worth. The insurance adjuster may try to offer you a settlement. Even if the deal seems good, you should not accept any offer without first contacting your lawyer.
Determining the value of a personal injury case is complicated because it is not always clear who is responsible for the accident. Usually, insurance companies will offer you a meagre settlement or refuse your claim altogether. However, having an experienced personal injury lawyer representing you, helps to ensure you get treated fairly.
You Have a Right to File a Personal Injury Claim
You should reach out to a lawyer when you suffer injuries due to another person’s negligence. A lawyer will assess your situation and advise you on your right to seek compensation. After establishing that you have a right to seek compensation, you must then determine the compensation you qualify for.
What if I have a personal injury claim filed against me? You should not panic; you should consult a lawyer. Just because the other party says that you are responsible for their injuries doesn’t mean you are liable. Your lawyer will establish whether you are indeed to blame for the accident.
Whether you have suffered damages from a car accident, a slip and fall, a bike or boating accident, or other you can claim the following damages:
- Pain and suffering
- Past and future medical costs
- Past and future loss of income or loss of earning capacity
The Statute of Limitations for a Personal Injury Lawsuit
There is a limitation on the period within which you can bring a personal injury lawsuit against the defendant, as outlined by the Limitation Act of Ontario. Usually, the time limit for filing a personal injury lawsuit is two years from when the accident or injury occurred. However, there are some exceptions to this period. Your lawyer will help you file your case within the statute of limitations and advise you of any exceptions.
If you fail to file a lawsuit within the applicable statute of limitations, you might lose your right to ever pursue compensation against the defendant.
Find A Personal Injury Lawyer Near Me
You have a right to pursue compensation after suffering damages due to another person’s negligence. To avoid losing this right, you should contact an experienced personal injury lawyer to guide you through the claim process. For guidance and effective legal representation, contact Walter Law Group. Call us to discuss your case.