Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Brooklin Personal Injury Lawyer

Find out if you have a case today.

Contact our Brooklin personal injury lawyers for a free consultation if you have legal questions regarding your personal injury claim.

Table of Contents

Surviving a traumatic accident can be an expensive process. Even people who have sustained moderate or seemingly mild injuries can face steep financial consequences. 

Depending on the circumstances of the traumatic incident and the degree to which an accident victim’s injuries have impacted their daily life, there might be insurance coverage available to help replace the costs of certain injury-related expenses. For example, any road user who sustained injuries in a motor vehicle collision should be eligible to receive accident benefits

No-fault accident benefits are typically made available to anyone who has been injured in a car crash, even if their own wrongful actions on the road were instrumental in causing the collision. Since all motor vehicle owners and operators in the province are required by law to be insured and all automobile insurance plans must provide the minimum coverage outlined in the Statutory Accident Benefits Schedule (SABS), all motorists injured in a collision should technically have access to no-fault accident benefits. 

Even pedestrians and cyclists who do not have automotive insurance plans of their own might be able to collect accident benefits if they were struck by a motor vehicle and sustained injuries as a result. Since all automobile insurance plans include third-party liability coverage, uninsured accident survivors who have sustained injuries as a result of the at-fault driver’s negligence may be able to collect benefits to cover their injury-related costs.

Unfortunately, the amount of accident benefits available to injured car crash survivors is not always enough to cover their total losses. Injured accident victims could find themselves struggling to make ends meet after being completely sidelined by an unexpected, injurious collision. People who have survived severe accidents often incur substantial financial losses related to:

  • Lost wages due to missed work
  • Prescription drugs
  • Physical rehabilitation/physiotherapy
  • Psychological treatment
  • Mileage to and from medical appointments
  • Reduced future earning capacity
  • Attendant care
  • Mobility aids
  • Other medical expenses
  • Housekeeping services
  • Home renovations to accommodate new disabilities
  • And more

The costs associated with surviving a traumatic accident are usually even greater for people who have sustained catastrophic injuries. Permanent in nature and oftentimes debilitating, catastrophic injuries can diminish an accident survivors’ entire quality of life. In addition to suffering the isolating and demoralizing emotional repercussions typically experienced by catastrophically injured accident survivors, these unfortunate accident victims could be forced to incur insurmountable levels of debt, far exceeding the cost of any no-fault accident benefits that might be available to them. 

In the aftermath of a traumatic accident, it can be difficult to immediately ascertain which party was at-fault. Certain scenarios might be clear-cut. For example, if a driver speeds through a red light and strikes a pedestrian who was rightfully crossing the street at an intersection, the irresponsible driver could be clearly identified as the party who was in the wrong, especially if the collision was captured by traffic surveillance cameras or another vehicle’s dash cam. However, other situations might not be as cut and dry.

Sometimes, even accidents that take place while no one else is present at the scene could be the result of another person’s negligence. For example, if a person is visiting their friend’s apartment complex and slips and falls on the improperly cleared snow or ice outside their residential building, it could be the result of the building owner’s/occupier’s negligence. In the context of premises liability claims, the term “occupier” could refer to:

  • Property owners
  • Building managers
  • Superintendents
  • Landlords
  • Business operators
  • Tenants
  • Landscapers
  • Custodians
  • Anyone who controls access to the building
  • Anyone responsible for the property’s maintenance 
  • And possibly more

In accordance with the province’s Occupiers’ Liability Act, property owners/occupiers are required to fulfill a duty of care to guests, customers, employees, mail carriers, delivery agents, passersby, and anyone else that might be interacting with their premises. Similarly, according to Ontario’s Highway Traffic Act, anyone who operates a motor vehicle on the province’s roads and highways must do so with a reasonable degree of caution. Just as a property’s occupier should take care to perform routine maintenance around their premises and address any potentially dangerous hazards on-site in order to prevent injury-causing accidents, motor vehicle operators must practice safe driving habits at all times and obey local traffic laws in order to the reduce the risks of fatalities or severe injuries on the road. Failure to uphold one’s duty of care by engaging in unsafe, careless, wrongful conduct is often considered negligence. 

If someone else’s negligence caused you to sustain compensable injuries in a traumatic, preventable accident, our Brooklin personal injury lawyers may be able to help you recover compensation. To learn more, call 1-800-JUSTICE today and take advantage of a free initial consultation with Preszler Injury Lawyers. 

Importance Of Seeking Legal Representation For Personal Injury Claims

Understanding Personal Injury Law And Your Rights

Understanding personal injury law and recognizing your legal rights is crucial in the aftermath of a serious accident. A personal injury lawyer focuses on helping accident victims recover compensation for their injuries and emotional distress. Whether it’s a car accident, slip-and-fall, or injuries resulting from another party’s negligence, obtaining legal representation ensures that you’re well-informed about your rights and the best course of action to take.

The Value Of Experienced Lawyers In Personal Injury Claims

Hiring an experienced lawyer is invaluable in navigating the complexities of personal injury claims. Experienced lawyers are adept at handling insurance companies and securing fair compensation for medical expenses, pain and suffering, and any financial losses caused by the accident. They significantly increase the chances of a successful outcome, emphasizing the importance of choosing the right law firm for your case.

Financial And Emotional Relief Through Legal Assistance

Legal assistance in personal injury cases not only aims at recovering compensation for physical injuries but also addresses the emotional distress and financial strain victims endure. A personal injury case can alleviate the financial burden of medical expenses and lost wages, offering much-needed relief during a challenging time. This support is vital for victims and their families to focus on recovery and rehabilitation.

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Process Of Filing A Personal Injury Claim

Initial Consultation With A Personal Injury Lawyer

The process of filing a personal injury claim begins with an initial, free consultation with a personal injury lawyer. During this no-obligation consultation, the lawyer will evaluate your case, inform you about your chances of recovering compensation, and guide you through the whole process. Utilizing an online form or directly contacting a law office in the Durham region or your local area are common ways to arrange this meeting.

Gathering Evidence And Documenting Injuries

Following the accident, gathering all relevant evidence and documenting your injuries and medical expenses is essential. This includes medical records, photographs of the accident scene and resulting injuries, witness statements, and any reports that detail the accident occurred and the serious injuries sustained. Your lawyer will assist in compiling this documentation, which is crucial for substantiating your claim.

Negotiation With Insurance Companies For Fair Compensation

A significant part of a personal injury claim involves negotiations with insurance companies. Personal injury lawyers excel in these discussions, aiming to secure maximum compensation for their clients. Whether it’s accident benefits, compensation for emotional distress, or coverage of pocket expenses, a skilled lawyer advocates for your best interest and works tirelessly to achieve a favourable outcome.

Pursuing Litigation For A Successful Outcome

The next step may involve litigation if negotiations do not result in fair compensation. Experienced lawyers are prepared to represent you in court, presenting a strong case on your behalf. Litigation can be a lengthy process, but with the right legal representation, seeking justice and ensuring you receive the maximum amount of compensation allowable under personal injury law is possible.

Personal injury claims can be a lifeline for those injured in a car accident or any serious accident due to another’s negligence. Seeking the guidance of an experienced lawyer and understanding the process of filing a claim are fundamental steps towards a successful outcome. Remember, it’s in your best interest to speak with a lawyer who can navigate the legal matters and help you secure the compensation you deserve for your injuries and suffered losses.

Common Types Of Injuries In Personal Injury Cases

Catastrophic Injuries And Their Long-Term Impact

In personal injury claims, catastrophic injuries represent some of the most severe and life-altering types of injuries victims can endure. These injuries often result in Long-Term disability, significantly affecting the victim’s life and the lives of their family members. Such injuries can stem from car accidents, motor vehicle collisions, or other forms of accidents and necessitate comprehensive legal representation by an experienced personal injury lawyer to secure necessary compensation for ongoing care and lost quality of life.

Serious Injuries From Motor Vehicle And Car Accidents

Serious injuries sustained in motor vehicle and car accidents are among the most common cases handled in personal injury claims. These injuries can vary widely from soft tissue injuries and lacerations to more severe conditions such as fractures, traumatic brain injuries or spinal cord damage. Given the complexity of personal injury law, victims of these accidents should seek a free consultation with a personal injury lawyer to understand their rights and the potential for recovering compensation.

Injuries Resulting From Slips, Falls, And Other Forms Of Accidents

Slips, falls, and similar incidents can lead to significant personal injuries, necessitating the filing of a personal injury claim. These accidents, often occurring due to negligence on someone else’s property, can result in a variety of injuries, including but not limited to broken bones, head injuries, and back injuries. It’s crucial to consult with a lawyer to ensure a thorough investigation and to advocate for fair compensation from insurance companies or responsible parties.

Ensuring The Best Interest Of The Client Throughout The Legal Process

The Role Of A Personal Injury Lawyer In Client Advocacy

A personal injury lawyer plays a critical role in ensuring the client’s best interest is maintained throughout the legal process. From offering a free consultation to navigating the complexities of dealing with insurance companies, the lawyer’s primary goal is to advocate for the client’s right to fair compensation. Whether the case involves a car accident or injuries sustained in other circumstances, a dedicated law firm can make a significant difference in the outcome of a personal injury claim.

Strategies For Achieving A Successful Outcome In Personal Injury Cases

Achieving a successful outcome in a personal injury case involves strategic planning and thorough preparation by the lawyer and the client. This includes gathering all necessary documentation related to the injury, understanding the nuances of personal injury law, and effectively communicating with insurance companies. A reputable law office in the Durham region or wherever the accident occurred will employ various strategies tailored to each case’s specifics to ensure the client’s interests are protected and pursued aggressively.

The Importance Of A Personal Connection And Understanding

In personal injury claims, the importance of a personal connection between the client and their lawyer cannot be overstated. This relationship is fundamental to understanding the full impact of the injuries on the client’s life and ensuring that the legal strategy reflects their needs and goals. A law firm that takes the time to understand the client’s situation and works closely with them throughout the legal process is invaluable in achieving a favourable outcome and ensuring the client’s best interest is always at the forefront.

Ensuring the client’s best interest throughout the legal process is a hallmark of excellent legal representation in personal injury cases. From understanding the common types of injuries to employing strategic legal tactics and fostering a personal connection with clients, a dedicated personal injury lawyer is essential for navigating the complexities of the law and securing the compensation that clients rightfully deserve.

Handling Emotional Distress, Pain, And Suffering

Navigating The Impact Of Emotional Distress

The aftermath of a car accident often extends beyond physical harm, delving into the profound depths of emotional distress and pain and suffering. Victims find themselves battling not just with suffered injuries but with psychological scars that can linger long after physical wounds have healed. Recognizing this aspect of personal injury is crucial as it significantly affects one’s life and overall well-being.

Legal Recognition Of Pain And Suffering

Law firms and law offices acknowledge the complexity of quantifying emotional distress in legal terms. Fortunately, the legal system does provide mechanisms to compensate victims for these non-physical sufferings. An adept lawyer will help articulate and substantiate the emotional and psychological impact of the accident, ensuring that the victim’s pain and suffering are recognized and adequately compensated.

The Role Of A Supportive Legal Team

Seeking the assistance of a compassionate and understanding legal team is essential. A reputable law firm not only handles the intricate legalities of your case but also provides a supportive framework during these trying times. They stand as a pillar of strength, advocating for your right to compensation for physical and emotional recovery.

Steps To Take After Sustaining Injuries In An Accident

Immediate Response To An Accident

If you or a family member has been injured in a car accident, the initial step is to ensure everyone’s safety and seek medical attention. Immediate and thorough medical evaluation is crucial, even if the injuries appear minor, as some symptoms of serious conditions may take time to manifest.

Documenting The Incident And Injuries

Following the accident, it’s vital to document everything related to the incident and the suffered injuries. This includes taking photos of the accident scene, collecting witness contact information, and retaining all medical records and bills. Such documentation is indispensable when filing a personal injury claim.

Consulting With A Personal Injury Lawyer

The next critical step is to consult a personal injury lawyer from a reputable law office. Legal professionals navigate the complexities of personal injury claims, ensuring that you understand your rights and the best course of action. Most law firms offer a free consultation, allowing you to explore your options without committing financially.

Reporting The Accident

It is also important to immediately report the accident to the relevant authorities and your insurance company. However, discussing the incident with a lawyer before making detailed statements to an insurance company can be beneficial. A lawyer can advise on how to communicate in a way that protects your interests provided it is even necessary to speak to the insurance company, especially when navigating discussions with insurance adjusters keen on minimizing the company’s payout.

Handling emotional distress, pain, and suffering, alongside taking the correct steps after sustaining injuries in an accident, is paramount in the journey toward recovery and securing the compensation you deserve. Engaging with an experienced law firm ensures that your physical and emotional traumas are acknowledged and addressed, paving the way for a holistic approach to rehabilitation and compensation.

Pursuing A Civil Claim For Damages

By pursuing a civil claim against the negligent party whose wrongful actions led to your injurious accident, our personal injury lawyers serving Brooklin may be able to help you recover compensation for damages you have incurred as a result of the injuries you have sustained, as well as damages you might incur in the future. These damages often include:

  • Pain and suffering
  • Home modifications to accommodate disabilities
  • Prescriptions
  • Physiotherapy
  • Mobility aids
  • Attendant care
  • Medical equipment
  • Psychological treatment
  • Lost wages
  • Reduced future earning capacity
  • Other medical expenses
  • And more

Our Brooklin personal injury lawyers have combined decades’ worth of experience helping countless community members who have been injured in an array of traumatic circumstances, including:

  • Slip and fall accidents
  • Car accidents
  • Motorcycle accidents
  • ATV accidents
  • Snowmobile accidents
  • Boating accidents
  • Truck accidents
  • Sexual abuse
  • Sexual assault
  • E-Bike and e-scooter accidents
  • Bicycle accidents
  • Pedestrian accidents
  • And more

At Preszler Injury Lawyers, we believe no one should be forced to pay for someone else’s misconduct, nor should they be required to suffer financially because of wrongful actions undertaken by another party or entity that had a legal obligation to safeguard the physical well-being of their fellow community members. Our personal injury lawyers serving Brooklin are passionate about helping the clients we represent recover the compensation to which they should be rightfully entitled. 

Schedule Your Free Initial Consultation Today

Our Brooklin personal injury lawyers work on a contingency fee basis. That means, if you are eligible to pursue a civil claim, you will not be required to pay for our legal services unless we win your case. In a further attempt to reduce financial barriers to accessing our service, our personal injury lawyers serving Brooklin offer all prospective clients a free initial consultation.

To take advantage of a free initial consultation and receive personalized, case-specific feedback from our Brooklin personal injury lawyers, call 1-800-JUSTICE or contact us online today.

Proudly Canadian

Award Winning Personal Injury Law Firm

We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their personal injury claims.

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Download Our "Slip and Fall Lawsuits in Ontario" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how personal injury claims work.

Slip and Fall Lawsuits in Ontario

This ebook will:

  • Provide you with a solid foundation for understanding your rights and obligations as an injury victim
  • Help you understand the nature of Slip and Fall accidents and injuries, including the Occupiers’ Liability Act in Ontario
  • Teach you how to hold a property owner accountable for your injuries
  • Explain the evidence you’ll need to support your case
  • Demonstrate how you can strengthen and protect your claim
  • Describe how to find the right lawyer for your case
  • Clarify how a lawyer can help you hold negligent parties liable for their actions
  • And more
Download Our E-Book

Download Our "Car Accident Lawsuits in Ontario" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how car accident claims work.

Car Accident Lawsuits in Ontario

This guide to car accident lawsuits in Ontario will help you:

  • Understand your rights after a car accident in Ontario
  • Learn how and when to file a lawsuit against an at-fault driver
  • Explore the types of damages you can pursue, including pain and suffering, loss of income, medical expenses, and more
  • Identify the key steps in a car accident claim
  • Know what kind of evidence to collect to strengthen your claim
  • Understand how limitation periods and other legal deadlines will affect your claim
  • Discover how a personal injury lawyer can help you on your legal journey to compensation
  • And more
Download Our E-Book

Download Our "Statutory Accident Benefits Schedule" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how accident benefit claims work.

Statutory Accident Benefits Schedule

In this ebook, you’ll learn about:

  • How to apply for Accident Benefits
  • Eligibility requirements for Accident Benefits
  • Benefits and compensation available to workers and non-earners
  • Benefits and compensation for caregivers of injured individuals
  • Benefits available for medical and rehabilitation expenses
  • Benefits available for death and funeral expenses
  • The difference between minor injuries and catastrophic impairment injuries
  • How a motor vehicle accident lawyer can help you ensure you receive all of the compensation you’re entitled to through SABS
  • And more
Download Our E-Book

personal injury FAQs

Here are some commonly asked questions for personal injury claims

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.

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.

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.

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.

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.

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.

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.

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.

Read More FAQs

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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