Brampton Whiplash Injury Lawyer
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Whiplash injuries can be catastrophic. Suffering from these severe neck injuries can have serious, Long-term effects. Whiplash can occur after a sudden force causes a victim’s head and neck to uncontrollably jolt in one direction and then snap back rapidly to the other, causing muscles and tendon fibres in the neck and upper spine to tear.
According to the Ontario Chiropractic Association, such injuries often occur after car accidents or other motor vehicle accidents. While some people suffering from whiplash choose to treat their symptoms without medical attention, this injury may require professional medical treatment in order to heal properly.
In addition to being painful and debilitating, whiplash can be very difficult to prove. If you live or work in the Brampton area and are suffering from whiplash due to another party’s negligence, a whiplash injury lawyer may be able to assist you with your claim.
Understanding The Effects Of Whiplash
Whiplash damages the soft tissues of the neck. If treated properly, the injury is not considered life-threatening. But without proper and immediate treatment, victims may develop prolonged pain and partial disabilities. Suffering from whiplash could also result in significant financial losses. Some expenses related to whiplash include:
- Medical care
- Sick leave
- Lost productivity
- Litigation
- And possibly more
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Symptoms Of Whiplash
Some of the symptoms of whiplash include:
- Shoulder pain and fatigue
- Dizziness
- Pain and stiffness in the neck
- Headaches
- Lower back pain
When whiplash is not detected early, victims suffering from this injury can incur prolonged medical complications. Keeping accurate medical records is an important component of initiating a personal injury case.
Seeking Accountability For Whiplash Injuries
If you’re suffering from whiplash as a result of a car accident, a Brampton whiplash injury lawyer can provide you with advice about filing a claim to pursue compensation for your losses.
Oftentimes, whiplash injuries may be the result of rear-end collisions. While it may be simple to prove another driver is at fault for a rear-end collision, it can be very difficult to prove that the injured party is suffering from whiplash.
Despite any pain or extreme discomfort you may be feeling, courts require tangible proof of your injuries before awarding compensation. Proving the veracity of your injuries may require testimony from an expert witness, such as a physician, who can illustrate the severity of your injury as a result of your accident to the court.
How To File A Whiplash Injury Claim In Ontario
Whiplash injuries are not externally visible, but they cause severe discomfort that can disrupt a victim’s normal routine. Whiplash symptoms do not always manifest themselves immediately following an accident. In fact, it could take weeks or even months after suffering trauma for symptoms to materialize. Our body’s adrenaline can temporarily protect us from feeling pain, which may result in delayed whiplash-related pain. If you’ve been involved in an accident and did not require immediate medical attention, it is important to seek medical care as soon as you start to feel symptoms of whiplash.
Supporting a whiplash injury claim requires medical records, which makes it crucial to seek immediate medical attention after an accident or when symptoms begin to appear. Documenting all medical treatments received and expenses incurred as a result can be useful for proving your claim.
If you suffered whiplash as a result of a car accident, a Brampton personal injury lawyer may be able to help you assemble evidence that may prove essential for collecting accident benefits. A lawyer can help document your accident by:
- Obtaining the contact information for witnesses
- Taking photos of the accident scene and your injuries
- Requesting a copy of the accident report
- Interviewing witnesses
- And possibly more
If your whiplash occurred because of the negligent behaviour of another individual, you may have a claim with the at-fault party’s insurance company. After the accident occurs, it is important to notify the insurance company as soon as possible. Doing so can prevent unnecessary delays in the claims process.
Call A Whiplash Injury Lawyer Serving Brampton Today
Immediately following an accident, you may only feel a little pain. But that pain may intensify with time, and could result in Long-term physical harm. Suffering from whiplash can have serious repercussions.
If someone else’s negligence has caused you to sustain a catastrophic injury like whiplash, a personal injury lawyer serving the Peel Region can help prove your claim in court. Call Preszler Injury Lawyers today for a free initial consultation at 1-800-JUSTICE.
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personal injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.
Got more questions?
If you have more questions or need legal help regarding personal injury claims, contact our legal team for help.
We’re happy to help.
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