Legal Accident Lawyer

Claim & Compensation

  • How To Decide Whether To Represent Yourself In An Accident Case

    After you have suffered an accident, and the accident wasn’t your fault, you could sue the other individual responsible for the accident. However, in most cases, you are better off negotiating a settlement. This allows you to avoid court expenses. You may even be able to negotiate a settlement without an accident lawyer, though this should only be saved for certain types of cases.

    You can save money negotiating without an accident lawyer when a case is simple and straightforward. It is best to negotiate such a case when the amount you are expecting from a settlement is not very high. Several factors will help you decide whether to represent yourself.

    Your Experience With Accident Cases

    You should not negotiate your own case if you have not handled a case like this in the past. Negotiating a settlement can require a high learning curve. When a large amount of money is on the line, it is not the time to learn how to represent yourself, especially when you will likely be under a lot of stress.

    The Severity Of The Accident

    If the accident was relatively minor, the store may be willing to offer a quick settlement and even pay extra for the inconvenience in order to put the incident behind them. However, if the injuries are serious, the case is much more likely to be adversarial as the defendant wants to minimize financial expenses.

    Proving Fault

    In some cases, you know that the defendant is at fault, but you do not have sufficient evidence to prove it. For instance, there may not have been any witnesses to testify. Or, it may look like you caused a car accident, but another motorist was driving too fast and was under the influence, complicating who is at fault. You may have been unable to take pictures of your injuries or the accident because you were incapacitated. Under these circumstances, it is essential that you hire an accident attorney.

    Estimating The Damages

    Another problem involves estimating the damages. The defendant may be more than willing to accept a low settlement offer when you have not properly accounted for all of the expenses you have incurred. Not only must you pay for your medical expenses, but any future medical expenses that you incur down the line, lost wages and pain and suffering. Your attorney will have experience assessing what your expenses are most likely to be and can argue for why you deserve a higher settlement.

    Do not offer the settlement from the defendant without consulting with an attorney. The settlements are usually lower than what you can expect to receive. But with persistence, you will get an offer closer to what you deserve.

  • How Much Can You Get for Your Personal Injury?

    If you are an accident victim, you may be wondering how much you can receive in your personal injury settlement. The truth is that the subject is tricky. It depends on a set of factors that the personal injury lawyers need to calculate. You could receive hundreds of thousands of dollars, or you could receive millions of dollars. The factors that determine the payouts include but are not limited to:

    Your Medical Expenses

    Your lawyer is going to calculate various medical expenses that you accrue because of your injury. Examples of some of the medical expenses that you may have are hospital bills, therapy bills, medication expenses, medical equipment costs, traveling expenses and more.

    Thresholds and Limitations

    Your settlement may be limited by some thresholds that perhaps the country has set forth. Only a reliable personal injury lawyer knows the current thresholds and statutes regarding personal injury compensation. It would be wise for you to consult with personal injury lawyers Toronto about your case instead of trying to go it alone.

    Your Percentage of Fault

    You may have some fault in your own accident, and the other party will most likely point that out to try to discredit you or lessen the settlement. In the worst case scenario, the percentage of fault can deduct from the amount of money that you receive. For example, a judge may only allow you to receive $150,000 for a case that you win for $300,000 because you are 50 percent responsible for it. It is important to hire a Canadian personal injury lawyer because such a person can fight for you and preserve the integrity of your claim.

    Pain and Suffering

    Pain and suffering may have an impact on the amount of money that you receive in your settlement. Compensatory damages are the monies that people normally receive in personal injury cases to cover things like medical bills, household expenses and lost work wages. Punitive damages are extra monies that people cane receive when they have a case that is extra neglectful. That is why a reliable attorney is necessary. A reliable attorney can bring the neglect into the light enough for a judge to award additional monies to you.

    How You Settle the Case

    The way you settle the case has a lot to do with the outcome, as well. Some lawyers will work hard to settle the case out of court for you. An out-of-court settlement can get you cash in your hands much quicker than a full-blown case run will. However, you may not be able to receive punitive damages if you settle your case too soon.

    Contact a lawyer and talk to that person about your case. The two of you can create a reasonable solution.

  • You May Be Liable Even If You Don’t Cause the Accident

    Many people may assume that they aren’t liable for damages in a personal injury case unless they actually caused the accident that led to those damages. However, this is not always the case. How could you be deemed liable for an accident that you didn’t directly cause?

    Did You Let Someone Borrow Your Car?

    If you let someone borrow your car and he or she gets into an accident, you could be deemed liable for the crash. This may be true if you knew or had reason to know that the person who borrowed the car was a poor driver.

    For instance, you knew that this person had no drivers license or had multiple accidents in the past few months before giving permission to use the vehicle. You could also be liable for letting someone borrow your car if he or she was drunk or impaired. Employers may also be liable for a crash if an employee gets into an accident while on the clock.

    Did You Create Dangerous Conditions on Your Property?

    In the event that there are dangerous conditions present on your property, you must either eliminate them or take steps to do so. For instance, if you have a pool, it must be secured when not in use. This may be done by removing the ladder to that pool or by installing a locked gate surrounding it.

    Other examples of dangerous conditions on a property include failing to fix cracks in the driveway or sidewalk or failing to clear snow or ice from a private walkway. However, you may not be held liable for an accident if an injured person was trespassing on your property or did not exercise due care to avoid the accident occurring.

    Did Your Actions Lead to an Accident?

    In some cases, you could have started a chain reaction that led to an accident that you weren’t directly involved with. For instance, if you made a left turn into an oncoming car, that car may have to swerve to avoid you. If that car then hits another vehicle or causes another vehicle to swerve into traffic, you would be liable for that.

    This is true regardless of whether or not you intended to cause harm assuming that you were acting in a negligent manner at the time of the crash. Examples of negligent actions while operating a motor vehicle include talking on a cell phone or driving too fast for road conditions.

    If you are facing civil or criminal liability after an accident, seek the help of a professional who knows personal injury law immediately. He or she may help you avoid some or all liability and the penalties that may come with it such as fines, jail time or probation. More resources can be found at the Claim Accident website.

  • Personal Injury Calculation Process

    Some personal injury victims refuse to see lawyers. They either fail to discuss their accidents with anyone, or they try to obtain compensation by themselves. Several solid reasons exist as to why a Canadian victim needs to contact accident lawyers to go after compensation. One reason is that the calculation process is complex. It has several parts to it which include:

    Caps and Limits

    The first thing that the attorney will consider is whether caps exist on the claims. Some jurisdictions do place caps on Canadian personal injury cases. For example, Ontario has a cap for pain and suffering that is approximately $350,000. Pain and suffering is only one part of the compensation, however.

    Tangible Losses

    Next, the attorney will calculate the tangible losses. The tangible losses are the losses that everyone can see because of some form of documentation. They include losses like work wage losses, medical bills, auto repair bills, recovery device bills and more. The attorney can go through the appropriate motions to collect those items for you so that you do not have to do any strenuous work.

    Intangible Losses

    The intangible losses are pain, suffering and other things that do not necessarily have a tangible price tag on them. The judge and the attorney will most likely go by the severity of the neglect in the case. An example of a situation that involves gross neglect is drunk driving case. Another incident that involves gross neglect is a careless misdiagnosis. You can only receive monies for pain and suffering if the attorney first awards you compensatory monies. Speak to an expert like www.claimaccident.ca to learn more.

    Client Fault

    Next, your attorney will have to weigh your fault in the matter. The amount of fault that you have in the accident may significantly decrease the amount of compensation you receive, but perhaps it will not eliminate the compensation entirely. If your case involves a car accident, then the judge will consider whether you violated any of the traffic rules. If you are a slip-and-fall victim, the judge will examine the details to make sure that you tried your best to be safe.

    All of the above-stated factors can become complex. That is why you have to hire accident lawyers to help you. To schedule an appointment, just dial the dedicated number that the attorney has for the office. You can also complete a short form and request assistance from the provider.

    The attorney will schedule you for a 30 to 60 minute consultation during which you will discuss the details of your case. The attorney will then let you know if you have a good chance of winning, and he or she will let you know the representation terms. You can accept them or reject them.