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1. Types of accidents or assaults that you can sue for:
Injuries can happen in a number of ways. They can happen when someone is assaulted or when they slip or trip and fall. A lawyer can explain why you are entitled to sue for many car accident injuries and losses.
Sometimes people are injured in more complicated ways. A knowledgeable lawyer has handled all sorts of different accidents and assaults, and can provide you with an analysis of your situation. Even if you had some fault in the accident, it may not have been all your fault.
There are a number of cases and statutes that could be important in analyzing who is responsible for your injuries. For instance, if you become intoxicated at a bar and are then injured while driving, you may be entitled to claim compensation against the bar. Other examples could include property owners or municipalities that do not have appropriate safety measures or snow and ice maintenance in place on their properties or roads.
Even if you were injured outside of Ontario or Canada, you may be able to start a lawsuit here. People who live outside of Ontario may also be allowed to start a lawsuit here.
2. Types of injures:
If you have been injured then you may be entitled to compensation. Some injuries cause broken bones, some cause internal injuries, some cause soft-tissue strains and tears, and others cause psychological trauma.
The fact is that psychological trauma or soft-tissue injuries can often devestate someone's ability to work, and their life in general.
Just because some injuries are more difficult to prove than others, that does not mean that you do not deserve compensation. A knowledgeable and experienced lawyer can often put together the necessary evidence to prove the merits of your case.
3. Who is sued:
You should discuss the specific facts of your case with a lawyer.
Understand that it is very important that you sue the correct parties.
Often, injury victims are not immediately aware of everyone that had a role in causing their injuries.
Also, injury victims are sometimes worried about suing others, until they find out that the other person will be covered by insurance. For instance, a husband may be driving his wife when he causes an accident - the wife may be entitled to sue her husband through his car insurance policy. Another example could be where you and your friend are at a baseball game and she accidentally trips you, causing you to sustain injuries - in that case you may be able to sue your friend and recover through her home insurance policy. You should discuss the specifics of your case with a lawyer.
4. Length of time that you have to commence a lawsuit:
If you do not enter a lawsuit fast enough then you may be prevented from suing altogether. In 2004 a new Limitations Act came into force in Ontario that changed how long many people have to start a lawsuit. Some cases are now governed by the old limitation periods, some by the new limitation periods, and some by "transition rules". In some cases, limitation periods can be extended.
It is very important to speak to a lawyer as soon as possible.
5. Cost to speak to a lawyer:
This depends on the lawyer. Lawyers that receive inquiries through this site do not charge anything when they provide initial consultations.
6. Cost to hire a lawyer:
This depends on the lawyer and the complexity of the case. Some lawyers are willing to take on cases where they are paid a percentage at the end of the case. In those cases, the lawyer is not paid during the lawsuit, and often finances all of the disbursements, such as expert reports, investigators, and costs of the lawsuit as well. Often, you do not pay anything during the course of the lawsuit.
7. How much should you expect to recover from the lawsuit:
This all depends. In Ontario, the amount of money awarded for an injury may well depend upon how the injury impacts on a number of areas of their life. For instance, if a famous piano player suffered a broken hand, they might receive more money than someone with the same injury whose hands are not as important for their job.
A knowledgeable lawyer will be able to develop your claim in accordance with the law.
8. How long will it take to complete the lawsuit:
Generally speaking, the larger and more complex the lawsuit is, the longer it may take. Your lawyer should do everything that they can to resolve your case quickly and fairly.
Sometimes, insurance companies will not pay fair compensation until shortly before or sometimes even during a trial. Sometimes you have to proceed through trial. Other times a lawsuit can be settled relatively quickly.
Timing can often depend on your expectations, and the insurance companies views.
9. Which lawyer should you hire:
You likely want to hire a lawyer that has experience in injury law and knows how insurance companies operate. You would want to make sure that the law firm is able to afford the significant costs of medical and liability experts that may be necessary in your case.
Most of all, you probably want a lawyer that will provide you with information, that will listen to you, and that will respond to you.
10. Will you have to go to court:
Many lawyers estimate that most of these type of cases settle without a trial. However, sometimes parties cannot agree and a trial is necessary.
You probably want to hire a lawyer that is willing to go to trial if necessary, but also one that will listen to you and take your instructions if you want to accept a settlement.
About the Author
Ontarioinjurylaw is a website offering free information about injury law in Ontario Canada. Spanish information is available on www.lesiones.ca
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