Kingston Personal Injury Lawyer
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When irresponsible drivers take their attention off the road to check their cell phone notifications, they do not think about the lives that could be lost as a result. When a careless superintendent neglects to remove accumulated snow and ice in front of their buildingโs entrance, they do not consider the human cost of traumatic brain injuries suffered by the victims of slip and fall accidents. And when distracted motor vehicle operators coast through intersections, they fail to take the safety of unsuspecting pedestrians into account.
These are only a few examples of how the negligence of certain people can have devastating, real-world effects on other community members. Victims of accidents caused by negligent parties can lose their lives. They can also endure physical pain, mental distress, and financial hardship for years or even decades after being injured.
All because of someone elseโs lack of consideration for other peopleโs safety, the lives of injured accident victims could be changed forever. However, with assistance from our personal injury lawyers serving Kingston, injured accident survivors might be able to pursue the compensation they are duly owed.
Our Kingston personal injury lawyers are committed to providing crucial legal services to injured members of the community. For over six decades, Preszler Injury Lawyers have helped thousands of clients who have been injured in a wide variety of traumatic circumstances, including:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents
- E-Bike and e-scooter accidents
- Boating accidents
- Snowmobile accidents
- ATV accidents
- Sexual Assault
- Sexual Abuse
- And more
No two accidents are exactly alike. As such, there is no โone-size-fits-allโ model for personal injury law. Instead, Preszler Injury Lawyers provide personalized, case-specific legal advice tailored to the unique circumstances of your accident. Whatโs more: you can receive the benefit of our personalized legal advice at no initial cost. To book a free initial consultation with our personal injury lawyers serving Kingston and learn about options that might be available to you, call 1-800-JUSTICE today.
Determining Liability in Personal Injury Cases
Despite taking place in different settings, circumstances, and conditions, many injury-causing accidents are frequently the byproduct of negligence. In order to pursue a personal injury claim, an injured accident survivor should be able to prove that:
- The person responsible for causing the accident owed them a duty of care
- The at-fault party shirked their duty of care by engaging in wrongful conduct
- As a result of their wrongful conduct, the accident victim sustained injuries
- The injuries sustained by the accident victim resulted in financial losses
In order to prove the correlation between the at-fault partyโs negligence and the financial losses incurred by the injured accident victim, various forms of evidence might be required. If you are eligible to pursue compensation, our personal injury lawyers serving Kingston may be able to substantiate your claim by presenting different types of evidence, including:
- Eyewitness testimonies
- Video surveillance footage
- Photos of the accident scene
- Medical reports
- Evaluations from medical experts
- Police reports
- And more
What is a Duty of Care?
Although countless people across the province have a legal obligation to provide a duty of care to others, they may not consider their responsibility to do so as such. In fact, many people may not even be aware that certain laws, rules, and official legislations are designed to ensure that people behave responsibly toward one another.
Be that as it may, many different people are required by law to take reasonable precautions to reduce the risk of others being injured in an accident. People could neglect their duty of care by engaging in wrongful actions, inactions, or other forms of negligent conduct.
For example, since all motor vehicle operators are required by law to use a reasonable degree of caution on the provinceโs roads and highways, if a driver violates any traffic law and an injurious accident ensues, the at-fault driver might be considered negligent. Common examples of driver negligence that often leads to injurious or fatal collisions in and around Kingston include:
- Texting while driving
- Driving under the influence of alcohol and/or drugs
- Speeding
- Ignoring traffic signs/signals
- Distracted driving
- And more
Negligent drivers may be required to provide their injured victims with compensation for costs resulting from the injuries they sustained. These costs often include:
- Medical expenses
- Pain and suffering
- Physiotherapy
- Mobility aids, assistive medical equipment
- Prescriptions
- Home modifications to accommodate newly acquired disabilities
- Ambulance services
- Mileage expenses to and from medical appointments
- Housekeeping services
- Psychological counselling
- Lost wages due to missed work
- Reduced future earning capability
- And possibly more
Additionally, the owners/occupiers of both commercial and residential properties owe a duty of care to the people visiting their premises, including guests, employees, customers, neighbours, delivery agents, passersby, and others. In accordance with the provinceโs Occupiersโ Liability Act, the people responsible for a propertyโs upkeep must take regular precautions to address onsite hazards in an attempt to prevent injuries on their premises. Failure to do so could cause accidents with life-changing consequences. In these situations, the party responsible for causing the accident may be liable for damages incurred by injured accident survivors.
Itโs Normal To Have Questionsย
No one imagines that, one day, they will need to fight for fair compensation after being injured in an unexpected accident. When accidents occur, it can be extremely difficult for injured survivors to know what to do next.
At Preszler Injury Lawyers, we know that you have questions. That is why our personal injury lawyers serving Kingston offer all prospective clients a free initial consultation. By taking advantage of this cost-free, no-obligation first meeting with our Kingston personalized injury lawyers, you will have the chance to review the circumstances of your accident and learn about legal options for financial recovery that might be available to you.
On top of that, our personal injury lawyers serving Kingston work on a contingency-fee basis. That means, if we represent you as a client, you will not be required to pay us a cent unless we win your case.
Your case may be subject to strict time limits. That is why, if you have been injured and want to learn more about your options, there is no time to waste. Contact Preszler Injury Lawyers and schedule your free initial consultation with our Kingston personal injury lawyers today.
Do you live in Kingston? Here’s how we can help:
Proudly Canadian
Award Winning Personal Injury Law Firm
We are proud to be one of Canadaโs 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. Itโs not just the awards that recognize our achievements, but also the wins weโve achieved for thousands of Canadians with their personal injury claims.
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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.
INJURED IN AN ACCIDENT IN KINGSTON?
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