When another person’s negligence causes you injuries in an accident in Etobicoke, you will most likely want to file a claim or even a lawsuit to help you pay for damages.
A personal injury lawyer in Etobicoke can talk to you about your legal options for obtaining compensation from the negligent party who caused your accident. We will fight to recover the damages you need to get your life back on track.
Call Preszler Injury Lawyers today for your free, initial consultation: 1-800-JUSTICE.
Our personal injury lawyers can meet with you in Etobicoke for a free initial consultation. Call (416) 364-2000
Types of Personal Injury Cases We Handle
Our team of personal injury lawyers accepts a broad range of personal injury matters. Among them are:
- Car accidents
- Slip and fall accidents
- Trip and fall accidents
- Premises liability
- Defective products
- Long-term disability claims
- Dog bites
- Sexual abuse
- Traumatic brain injuries
- Spinal cord injuries
- Wrongful death
- Hip implant injuries
- Motorcycle accidents
This is just a small sample of the types of personal injuries we handle. Regardless of the type of accident or injury, one of our lawyers in Etobicoke can review your case, explain to you your legal options, and fight for your right to receive compensation.
Etobicoke Personal Injury Lawyer Near Me (416) 364-2000
Investigating Your Accident
At Preszler Injury Lawyers, every claim begins with the task of investigating your accident to unearth evidence that will support our demand for damages. Our personal injury legal team in Etobicoke will assemble an investigative unit to:
- Survey the scene of your accident
- Interview witnesses
- Take or obtain photos and videos
- Gather your medical records
- Obtain a copy of the police accident report
- Collaborate with an accident reconstruction specialist
- Retrieve copies of your employer wage statements
We can also enlist the expertise of top professionals in the fields of medicine, economics, vocational therapy, and life-care planning, who can offer written testimony that supports your damages in terms of medical injuries, as well as economic costs, both today and into the future.
Building Your Personal Injury Claim
To collect compensation from the party who caused your accident, Canadian tort law requires that you establish the party’s liability (as outlined in Clements v. Clements ). Establishing liability involves passing a “negligence test.” This test requires that you be able to prove as a matter of fact that you would not have sustained your injury “but for” the defendant’s acts of negligence.
Canadian tort law lays the burden of proof for establishing negligence on the plaintiff, so our team will work to establish this fact, diligently factoring the following tort concepts into every argument:
- Duty of Care: We will establish that the defendant had a legal obligation to keep you free from harm. Their failure to do so constitutes a breach of duty.
- The Reasonable Person: The court considers the “reasonable person” test to determine what level of care should have been expected in your accident.
- Foreseeability and Causation: Within the “reasonable person” test, we will prove that the defendant, acting reasonably, should have been able to predict your injury occurring. We may also prove that the defendant directly caused your injury. Proving these elements will meet the “breach of duty” criterion.
- Harm or Loss: We will use the evidence we gathered in our investigation to prove that you suffered a real injury or economic loss.
A personal injury lawyer in Etobicoke at Preszler Injury Lawyers will carefully construct your case on a bedrock of compelling evidence and fight for your right to recover compensation for your injury. Call us to learn more: 1-800-JUSTICE.
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Things to Keep in Mind as the Plaintiff
While our lawyers will put their knowledge and passion for justice to work for you, there are some areas to which you must be attentive to preserve the integrity of your claim.
The Importance of Seeing a Physician
After your accident, you must immediately seek out medical attention—even if you do not think you have been injured. Many types of injuries—like damage to your organs or muscles and tissues—do not manifest outwardly in the same way a broken bone or laceration would. You might not even feel the symptoms of these hidden injuries for as long as weeks following your accident. The injuries are there, however, and medical doctors know how to look to locate, diagnose, and treat them.
Furthermore, a doctor will document your injury, and this documentation will be dated to connect it to the accident you experienced. Remember, that causation is an integral component of proving your claim.
The Dangers of Talking to the Insurance Companies
Most likely, soon after your accident, you will receive a call from the insurance adjuster. Keep in mind that they represent their business’ interests in their business, which means they will try to pay out as little as possible. Accordingly, anything you say to the adjuster can and will be used against you in your attempts to settle for a greater amount than what they hope to pay.
You can speak with the insurance company’s representatives, even though it is never in your interest to do so. However, if you choose to, you should talk to a personal injury lawyer first. We can guide you on how much to say, and what to avoid saying at all costs. You have only one chance to make this statement, so you would be wise to take the necessary precautions to get it right. More often than not, these statements will hurt you and help the insurance company. After all, the insurance company will never let you take a statement from the at-fault party so why help them.
Statute of Limitations in Etobicoke
There are so many reasons to act quickly on your personal injury claim. One of the most important reasons is that Ontario’s Limitations Act (S.O. 2002, C. 24, Sched. B) restricts the amount of time you have following an accident in which to pursue legal action. The basic limitation period is around two years, and it begins on the day you sustain your injury, subject to discoverability.
If the injured party does not become immediately aware of their injury after the event that caused the injury, the limitations clock starts ticking on the date they discover their injury or on the date they should have discovered it.
Call Preszler Injury Lawyers Today for Your Free Initial Consultation
As with every other aspect of your personal injury legal action, you will want to start the process as soon after your accident as possible—if for no other reason than to collect your compensation sooner rather than later.
Call Preszler Injury Lawyers at 1-800-JUSTICE to schedule your free initial consultation with a personal injury lawyer in Etobicoke.