Frequently Asked Questions

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.

The duration of a long-term disability case can vary depending on a number of factors, including the reasons provided for the claim’s denial, the policyholder’s standing with their insurance provider, the complexity of the claimant’s case, the willingness of the insurance company to negotiate, Court availability, and other considerations. Generally speaking, it can take between 1-3 years for a fair resolution to be reached.

After a slip and fall accident on someone else’s property, it is essential to seek medical attention immediately. Report the incident to the property owner or manager and get their contact information. Collect evidence, such as photographs of the scene, names and contact information of witnesses, and any other relevant information. Contact our Ontario slip and fall accident lawyers to discuss your legal options during a free initial consultation.

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.

No survivor of sexual assault should worry about not having enough evidence to come forward.  We routinely take on cases where our clients have never reported their assault to the police. The only evidence we need to prove a civil sexual assault claim is our client’s story of what happened.  

In fact, it is rare for cases of historic abuse to hinge on hard evidence, such as witness testimonies or formal reports. Instead, sexual abuse claims are decided by weighing all of the evidence on a balance of probabilities.  Your evidence and testimony count.

Loss of income benefits are typically paid to injured victims of motor vehicle accidents once their claim has been approved by their auto insurance provider. To receive these benefits, you may be required to provide your insurer with documentation from your employer, physicians, and other medical experts stating that your injuries prevent you from working. You will not be granted loss of income benefits for any wages lost during the first 7 days after the injury-causing collision, however you may be eligible to claim lost income for missed working days after that time limitation has elapsed.

Our long-term disability lawyers work on a contingency fee basis. That means we only get paid if the case is won, and our fees are based on a percentage of the compensation awarded. You will not be required to pay any upfront fees out-of-pocket in order to pursue legal action.

It is important to report the incident to the office of the city’s clerk as soon as possible. In a written letter delivered by registered mail within 10 days of the accident, provide the city clerk with relevant information, such as the date, time, and location of the accident, any maintenance flaws or hazards that might have been responsible for your fall, and the injuries you sustained. Take photos of the scene, gather witness information, and seek medical attention before scheduling a free initial consultation with a slip and fall accident lawyer.

There is no statute of limitations on sexual abuse claims in the Province of Ontario. That means that, no matter how far in the past your abuse took place, you could still be eligible to pursue a civil claim against the person who perpetrated the crime, or the organization responsible for fostering the relationship between victim and perpetrator so that the crime could occur (depending on the circumstances of the case).   

We are often retained by people in their 60s, 70s, and even 80s who were assaulted as children.  Even if your abuser is no longer living, you may be able to pursue civil action against their employer, the institution that introduced you to your abuser, or any other responsible party. 

The law recognizes that survivors of sexual assault often do not report their assaults for years or even decades after it happened. The law recognizes that survivors of sexual assault deserve justice and fairness no matter when the assault took place.

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.

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.

If your injuries meet the threshold of catastrophic impairment, you may be entitled to additional benefits such as increased medical and rehabilitation benefits, attendant care benefits, and housekeeping and home maintenance benefits.

In a typical case, you will never see the defendant. Civil sexual assault lawsuits are generally handled by insurance companies and the defendant has little involvement in the process, if any.   

If the perpetrator is involved in the lawsuit, you will not have direct interaction with him or her.  Fortunately, most sexual abuse cases are settled during a process called Mediation. Throughout this process, an impartial mediator will conduct meetings privately with all parties involved in the claim in order to negotiate a settlement. Since these meetings are conducted privately, plaintiffs pursuing a sexual abuse claim and their lawyers will not necessarily need to interact with the person accused of committing abuse face-to-face.

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.

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.

The time it takes to settle a slip and fall accident case can vary. Some cases settle within a few months, while others may take several years. The timeline can depend on a number of factors, such as the complexity of the case, the severity of the injuries sustained, and the willingness of the parties involved in the claim to negotiate.

The statute of limitations for a long-term disability lawsuit in Ontario is generally two years from the date of the denial of benefits or the last payment of benefits. However, depending on the circumstances of the case, the lawsuit could be subject to additional time limitations. It is crucial to speak with a long-term disability lawyer as soon as possible, so as to not jeopardize your chances of recovering the compensation you deserve.

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.

Close family members of a person who has been injured or killed in a motor vehicle accident may be able to sue the at-fault driver for their own losses such as loss of care, guidance, and companionship.

Your personal injury attorney will play an important role in your claim. Experienced lawyers provide strategic personal injury legal advice at every stage of your case. At Preszler Injury Lawyers, we help clients: 

• Understand their legal rights
• Get medical assistance
• Recover financial support for their losses
• Gather evidence to strengthen their claims
• Negotiate with insurers or other opposing parties
• Advocate for full compensation
• Litigate in court
• And more

Our personal injury lawyers aim to assess the value of your claim so you can be protected from accepting low settlement offers from insurers or at-fault parties. In addition, because our lawyers work on a contingency fee basis, you’ll receive legal help from our team without paying any fees or costs upfront.

Generally speaking, you have two years from the date of your accident in which to begin legal action. However, in certain situations, additional limitations can appy. For example, if your slip and fall accident was the result of improperly cleared ice and/or snow, you must provide the negligent parties with a written notice of claim within 60 days of your accident in order to pursue legal action against them during the two-year limitation period.

The answer to this question depends on the facts of your individual case. Our Ontario long-term disability lawyers should be able to evaluate the terms of your policy, review the evidence available to you, and consult with medical experts to assess the strength of your claim.

If a settlement negotiation cannot be reached during Mediation, you, the defendant or defendants, and your respective lawyers will be required to attend a pre-trial before a judge, during which the judge will act as a quasi-mediator in order to help facilitate settlement.

If the case proceeds to trial, evidence will be presented before a judge or jury. You will most likely be required to share your story on the witness stand and will be subject to cross-examination from the accused’s or institution’s legal representation. Witnesses, various experts on damages, and others may be called upon to present evidence and face cross-examination.

Once the evidence has been presented and lawyers for both sides have presented their arguments, the judge or jury will determine the case’s outcome as well as the amount of damages the defendant may be required to pay you.

There are a few things you can do to prepare for a personal injury claim. Although your personal injury lawyer will do the majority of the heavy lifting, there are ways you can help strengthen the foundation of your personal injury lawsuit.

You should see a doctor about your injuries following your accident. Make sure you tell them about all the symptoms you are experiencing and follow the medical advice they recommend. Keep records of your visits and communications so that you may demonstrate the ongoing effect of the incident. 

In addition, you should be prepared to share the full details of your accident, your injuries, and your expectations with your lawyer early on. This way, your legal team can tailor their strategies to your specific situation. If your personal injury attorney offers you any legal advice, follow it closely to avoid insurance disputes or other issues.

The strength of a slip and fall case depends on several factors, such as the severity of the injuries you have sustained and the availability of evidence proving that the property owner/occupier’s negligence caused the accident to occur. To determine whether you have a viable case, contact our Ontario slip and fall accident lawyers for a free initial consultation.

The amount of compensation you may be able to receive depends on many different factors, including the severity of your injuries, the resulting financial losses you have incurred (or will incur in the future), and the other party’s liability for your injuries. Our personal injury lawyers help our clients assess the full value of their claims in order to pursue the maximum amount of compensation to which they should be entitled.

It is almost impossible to predict the specific amount of compensation you might be entitled to, however after reviewing the details of your case, our Ontario long-term disability lawyers may be able to provide you with an estimate that you could reasonably expect to be offered. The decision to accept settlement offers is yours and yours alone.

We tell all clients that they will only be asked to tell the story when they are ready to do so; there is no rush. We do not even need to know the full details of our clients’ stories before we take on their claim. We only need to know if there was sexual touching of some nature.   

Talking about your experience can be emotionally challenging, but it can also be an empowering component of the healing process. Our sexual abuse lawyers appreciate how difficult it can be to talk about this painful subject matter in detail, but we provide a compassionate, safe environment in which you will feel comfortable speaking freely about the abuse to which you were subjected.  

Generally, you will need to tell your story at least once before the claim settles. The insurance company will need to understand what happened in order to know how much compensation is fair. We work with clients to ensure they are ready and comfortable to tell their story beforehand.  

Your lawyer may suggest that you undergo medical assessments from experts who can determine how the trauma you suffered has impacted your overall quality of life, your ability to earn income, etc. Being open and truthful about your experience during these evaluations can be therapeutic and could help strengthen your case.

Your personal injury attorney will be concerned with a couple of things:

1. Your Life Before & After the Accident: Your lawyer will want to know what your life was like before and after the accident occurred. For example, they may ask you how your injuries have impacted your daily activities, work, personal relationships, and mental health. This knowledge is important, as the strength of a personal injury lawsuit often depends on showing the full extent to which your life has been disrupted by the accident.
2. Details of the Accident Itself: To gain a full picture of your situation and your potential legal options, your lawyer will want to know every detail of your accident. With an in-depth understanding, they can assess the amount of damages you have incurred and the extent of liability that may be attributable to the at-fault party.

Maintaining open communication with your lawyer will ensure you receive the best possible personal injury legal advice throughout your claim.

No. Our firm is solely dedicated to the representation of injured plaintiffs, not defendants or insurance companies.

We can apply to the court to ask for your name to be kept anonymous in court documents. In many cases, we can also settle the claim confidentially without starting a lawsuit.

The amount of income replacement benefits you can receive will depend on your pre-accident income, but typically these benefits can cover up to 70% of your gross income before the accident, up to a maximum of $400 per week. If you pursue a civil claim against the at-fault driver whose negligence caused your collision, you may be able to recover 100% of your gross income loss and earning capacity after the trial.

By working with our Ontario slip and fall accident lawyers, you may be able to recover compensation for damages you have incurred (or will incur in the future) as a result of the injuries you sustained on someone else’s premises. These damages will be case-specific, determined by the financial losses you have and/or will sustain. You could be eligible to receive compensation for medical expenses, lost wages, reduced future earning capabilities, and other financial losses related to your accident.

No, our long-term disability lawyers are solely committed to protecting the rights of policyholders who have been unfairly treated by insurance providers.

Collateral benefits are benefits you may receive from other sources, such as private insurance coverage, CPP disability benefits, long-term disability benefits, or employment insurance. In some cases, you may be required to repay these benefits if you receive a settlement or judgment.

Ontario operates based on a “loser pays” system when it comes to personal injury lawsuits. This means that if you lose your case at trial, you may be required to pay part of the winner’s legal bill. However, a majority of personal injury lawsuits in the province do not ever go to trial and instead settle out of court.

An experienced personal injury lawyer will discuss cost protection options with you early on in the legal process. For example, they may be able to arrange litigation insurance to help protect you on the slim chance you do lose your case at trial. In addition, your attorney will assess your case strength before proceeding to court, so you can weigh the benefits and the risks before making any financial commitments.

The answer to this question depends on the terms of your individual settlement. In most cases, the settlement will include a lump sum payment for past and future benefits. After agreeing to these terms and accepting this settlement offer, future benefits will no longer be paid. However, in some scenarios, insurance companies may only offer to settle for past benefits owing and might agree to continue paying benefits after the case is settled until the terms of the policy are reached.

The answer to this question depends on the type of benefits you have been receiving from an insurance provider and the terms of the settlement agreement. That said, receiving insurance benefits is different from pursuing a civil claim against a defendant. Therefore, even if you settle your lawsuit against the negligent party responsible for your accident, the benefits payments you receive from an insurer could continue to be made.

Many occurrences of sexual abuse arise as a result of the involvement of certain institutions.  In many cases, the actual abuser is either deceased, cannot be located, or does not have any assets to compensate the victim.  Depending on the circumstances of your case, you may be entitled to pursue compensation directly from the organization or institution that introduced you to the abuser.    

Most institutions also have insurance to compensate survivors of sexual assault.  If the assault happened in connection with an institution (such as a church, school, company, Boy/Girl Scouts troop, or other organization), then it does not matter if the person who assaulted our client has any assets. We might be able to seek compensation from the institution itself or their insurance policy.

By pursuing a civil claim, you may be able to seek compensation for all healthcare expenses related to your injuries, including the cost of medical treatment, rehabilitation, and therapy. This may also include expenses for medical equipment, assistive devices, and necessary home modifications required to accommodate your injuries.

When it comes to personal injury lawsuits, you must fully understand the extent of your injuries before you settle to ensure you receive fair compensation. While many simple cases can be settled within months of retaining a lawyer, cases with serious injuries might take longer. This is because it will take time for a serious injury’s full impact to become clear.

In addition, sometimes insurance negotiations can drag out the claim process. This is even true for cases that are not going to trial. Backlog in Ontario courts can also mean it takes one to two years to set a trial date, if you need one.

Receiving proper personal injury legal advice can help you make informed decisions about your settlement and the timing of your claim. Although it can be frustrating when your case takes longer than you expected, personal injury attorneys work hard to push claims forward.

There is no standard length of time for how long civil actions can take before settlements are determined. However, most sexual abuse claims take between 2-4 years before reaching a resolution.

Yes. We do our best to ensure that the clients we represent will directly communicate with their lawyer either at the immediate outset of their claims or shortly thereafter.

It is not recommended that you speak to the adjuster on your file after your benefits have been terminated. Anything you say could be used against you. That is why it is best to consult with our long-term disability lawyers before communicating with your insurance company.

Insurance companies are businesses that focus on profit. Paying you less than you are owed increases their profits. Denying you benefits increases their profits.

Insurance companies are used to working in our legal system, which is an adversarial system. This means that insurance companies are accustomed to fighting against injured people in court. They are naturally suspicious and trained to look for weaknesses in someone’s case to try and defeat them in court. This kind of mindset does not make for healthy relationships.

People make mistakes and people operate insurance companies. The insurance adjuster may not understand your case. They may falsely believe you’re lying or exaggerating your case. Unfortunately, when an insurance company makes a mistake it can cause incredible harm to an injured person.

After reporting a crime to the police, the victim can choose to pursue criminal charges, provided the police believe that there is sufficient evidence to proceed with charging the accused.  During criminal proceedings, the Crown, on behalf of the government, will present evidence in an attempt to prove beyond a reasonable doubt that the defendant committed a sexual assault. Because of this high burden of proof, if the evidence does not implicitly prove the defendant’s guilt, they may face no punishment.

While criminal charges are pursued by the Crown, civil actions are initiated by the plaintiff themself.  Civil actions are determined by weighing a balance of probabilities, which is a lower standard than the criminal standard of proof (i.e., beyond a reasonable doubt). That means it is up to the judge or jury to determine which party is more likely to have provided a credible and reliable account of the story. Owing to this lower burden of proof, it is generally easier to prove an abuser’s guilt or liability by pursuing civil action.

Other examples of pecuniary losses you may be able to pursue include lost income, reduced future earning capabilities, and other out-of-pocket expenses incurred as a result of your injuries. These might include the cost of hiring someone to perform routine household tasks you are unable to do yourself because of the injuries you sustained.

Our law firm has represented the best interests of injured accident survivors for more than 60 years.

Yes. You will have the opportunity to speak with a lawyer either at the immediate outset of your claim or shortly thereafter.

Yes. Criminal proceedings determine whether the perpetrator’s liberty should be taken away by the government.  Civil actions determine fair compensation for their victims, specifically. Both can be pursued simultaneously.   Even if the perpetrator is acquitted of criminal charges, a civil action can still be successful.

A criminal trial focuses on proving that the defendant was guilty of sexual assault. If so, they may be punished through the criminal justice system. The Crown prosecutor retains full control of the entire proceeding.   
 
A civil sexual assault case involves negotiating fair compensation for survivors. We generally also seek written letters of apology from the institution. We want our clients to be in control of the process with our guidance.

There is no limitation. A claim may be started anytime.

There is no set amount for how much compensation can or will be awarded to the victim of sexual abuse. However, working with a lawyer, you may be able to determine the total amount of economic damages you have incurred as a direct result of your abuse—including lost wages, reduced earning capacity, medical expenses, psychological treatment, etc.—as well as the non-economic damages that impact your overall quality of life (e.g., pain and suffering) in order to pursue the maximum amount of compensation to which you are entitled.

If a member of your immediate family was the victim of sexual abuse and lost their life as a result, you may be entitled to pursue a claim against the perpetrator. To learn more, schedule a free initial consultation with our sexual abuse lawyers.