Category Archives: Personal Injury

5 reasons you need a personal injury lawyer

Posted by admin-author Date: September 25, 2017

If you have made a personal injury claim or a lawsuit, you are likely to come across an insurance adjuster. The world of insurance can get complicated. Here are 5 reasons why you should not handle insurance companies without consulting with personal injury lawyers.

1. Insurance companies are profit driven

It is important to bear in mind that insurance companies are business entities. This means that profit is their main goal. Another aspect of insurance companies is that they derive most of their profits from investment. When you pay your premiums, this money is put to use so as to generate more profit. This explains why they are usually not willing to part with huge sums of money. They will always seek to find a way to pay the least amount possible. For instance, they may only want to part with the cost of paying the basic medical bills. They may not be willing to offer compensation for psychological injuries, mental anguish and other emotional distress damages. In some cases, they have been known to deny claims. This is why you need to engage injury lawyers when making a claim.

2. Quick settlements can hurt you in the long run

Insurance companies will offer you a quick settlement mostly for their interests and not yours. Many people make the mistake of accepting a quick settlement. When you have medical payments to pay, it may appear reasonable to accept the offer. However, you could end up shortchanging yourself. Again, you may not have the necessary skills and expertise to value your claim correctly. Consulting with personal injury lawyers gives you a better understanding of how much your claim is worth.

3. Insurance claims valuation is often understated

If you have suffered an injury, the insurance adjuster will value your claim and decide how much to offer. In most cases, their valuation is often understated. The initial quick settlement offer may omit important costs such as pain and suffering, emotional distress damages and other forms of compensation for psychological injuries. Seeking a second opinion from a lawyer will tell whether the insurance is shortchanging you. Personal injury lawyers have wide networks that include medical practitioners. In determining the value of your claim, the doctor will seek an assessment from a medical expert. This gives you an accurate figure.

4. Anything you say can be used against you

Insurance adjusters are excellent negotiators. They also record anything you say during the claims negotiations. If you make any contradictory statement they can use this to reduce the value of your claim or deny it altogether. For instance, if you say that you did not receive immediate medical attention, they can argue that your claim was not serious. It is best to let your lawyer handle the negotiations. Injury lawyers have dealt with adjusters before, and they will not be intimidated into settling for less.

5. Your chances are higher with legal representation

Historically, it has been established that people who seek legal representation stand to get more compensation than those who do not. Lawyers understand the law and case valuation. As such, an insurance adjuster may not attempt to shortchange you if you have representation. It is in your best interest to seek legal counsel. In addition to this, hiring the lawyer demonstrates that you are willing to go to court. Court cases are expensive for insurance companies, and they may give into your claim rather than drag the matter to court.

Personal injury lawyers can prove useful in securing you the compensation you deserve. To give yourself the best fighting chance, consult with a personal injury lawyer.

Common Types of Personal Injury Cases

Posted by admin-author Date: October 31, 2016

Thousands of people are harmed in personal injury accidents each year in Canada, according to Statistics Canada, a government data collection agency. A considerable percentage of these accidents, and associated injuries, are the result of the negligence of another party. In addition, in many cases, the injuries sustained in these accidents are serious. There are some common types of injuries that occur with surprising regularity each year in Canada, as a personal injury lawyer will explain.

Automobile Accidents

Among the most common types of accidents annually in Canada are those associated with automobiles. Every year, thousands of people are injured and even killed in automobile accidents, according to Transport Canada. Automobile accidents have a variety of relatively common causes that include distracted driving and driving under the influence of alcohol or another mind-altering substance.

Slip and Fall Accidents

Another category of accidents that top the list of personal injury incidents in Canada are slip and fall cases. Slip and fall cases typically are based upon the legal concept of premises liability.

Under the doctrine of premises liability, a person or business has to maintain a property in a reasonably safe condition. Failing to do so can result in a property owner, or other party that controls a certain property, in being responsible for injuries sustained in an accident at the premises.

Defective Product Accidents

Rounding out the list of the most common types of accidents in Canada are those associated with defective products. A number of different parties potentially can be responsible for a defective product that results in an injury. These include the manufacturer of the product, the manufacturer of a product component part, or a retailer.

Compensation in a Personal Injury Case

The compensation awarded in a personal injury case arising out of a commonly occurring accident scenario, depends on the specific facts and circumstances of an accident. With that said, common types of compensation in an injury-causing accident case include financial recovery for medical expenses, pain and suffering, mental anguish, and lost income.

A personal injury lawyer can also work to ensure that an injured person obtains compensation for future losses as well. For example, medical care and treatment may need to continue for an extended period of time following an accident. As a result, a victim of someone else’s negligence in a commonly occurring accident may be entitled to this type of future loss, as well as others.

A personal injury lawyer will schedule an initial consultation with an injured person to provide a case evaluation. A personal injury lawyer will also respond to any questions an injured person may have after an accident. Typically, no legal fee is charged for an initial consultation.

How Statutes of Limitation Can Influence Your Personal Injury Case

Posted by admin-author Date: September 17, 2016

If you have suffered a head injury in a car crash or gotten sick from eating tainted food, you may be entitled to compensation for your pain and suffering. With the help of a personal injury lawyer, it may be possible to hold whoever hurt you financially responsible for his or her negligence. However, this may only happen if you file your case before the statute of limitations expires.

What’s a Statue of Limitation?

In a personal injury case, you may be given a limited amount of time in which you can file your lawsuit. In some jurisdictions, you may have one year or less to take legal action. Depending on the circumstances in the case, you may be given a year or more from the point in which you determined that a particular event resulted in injuries or illness.

What Happens If You File Your Case After the Statue of Limitations Expires?

It can be extremely difficult to get a judge to hear your case if you waited too long to file. This is why many legal experts suggest that you contact an attorney and file your case as soon as possible. In addition to weakening your standing to sue, waiting to take action may be used against you in court or during settlement talks.

What Happens If Your Case Is Still Ongoing After the Statute of Limitations Expires?

It is important to note that you only have to file the lawsuit by the time any applicable statute of limitations expires. However, you should understand that your case may take many months or years to resolve. Therefore, you may want to make plans with creditors, medical professionals and your attorney to delay any payments until after your case has been resolved in your favor.

How Can a Personal Injury Lawyer Help?

Your attorney will review your case and determine the best way to proceed based on the available facts and information that you provide. Since your legal counsel will know and understand personal injury law, he or she will know how long you have to take legal action and how long it may take to file the appropriate paperwork. Therefore, you will most likely have taken legal action against the party that hurt you long before you run out of time to do so.

It is critical that you talk to a personal injury attorney as soon as you have been hurt or have fallen ill. He or she may be able to review your case to determine the likelihood that negligence played a role in your injury or illness. If the answer is most likely yes, your attorney will then work as hard as possible to win compensation in a timely manner.

Choosing The Experienced Personal Injury Lawyers

Posted by admin-author Date: August 19, 2016

The sad fact of the matter is that at one point in your working life, the chances of being injured while on the job are quite significant. Today’s technology is ever-changing, but it is also incredibly dangerous and unpredictable. The role you take today, and each day after that, could be familiar and part of a routine, but the slightest change or alteration could set something off and end with someone being sent to the hospital. Upon arriving at the hospital, the medical bills begin piling up. Medication, rehabilitation, the ambulance ride to get there, they all cost thousands, if not tens of thousands. This can devastate a family.

Experienced Attorneys

Thankfully, there are personal injury lawyers who have practiced law for years, some for decades, who are experienced in dealing with such claims. Your cast will have barely dried before the first bills come piling in from the doctors and insurance companies. This is a confusing time for most people, all of whom will have significant questions and little guidance. An experienced personal injury lawyer is fully capable and prepared to handle all such questions. These individuals will guide you step-by-step through the entire claims process, helping you to achieve the end goal of receiving a damages award. A damages award is a payment from the liable party of the injury to cover your medical costs, emotional damages, and loss of hours from being unable to work your day job. All of these combined together can be an incredibly costly, significant event in your life.

One of the greatest benefits of personal injury lawyers these days is that they do not charge you if you do not recover during the case. Most attorneys work on a contingency fee, which simply means that if you do not win the personal injury case, then you won’t pay a single dime to the lawyer. Most, however, are quite good at their jobs and win court cases for their clients quite often.

Red Tape

Believe it or not, there is a lot of red tape involved with legal procedures, confusing medical jargon, and more than a bit of paperwork to complete before you ever see a court. An experienced attorney can navigate through all of this and teach you the necessary items required of you. They basically hold your hand through the entire process.

Investigations

An attorney generally has an investigative team on-hand who specialize in various areas, especially medical. This team will investigate your injury and discover who is really at fault from the incident. They provide highly important information for your case, which could mean winning or losing.