Personal Injury FAQs

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.