A serious injury forces you to confront a lot of things such as physical pain, emotional turmoil, and financial burden. Victims may find themselves scrambling to get medical care, facing a new reality as their injuries limit their ability to work and do the things they once loved, and struggling to pay all the bills.
Fortunately, Ontario provides victims of accidents an avenue through which they can recover compensation for all their damages by filing a personal injury claim. Mississauga personal injury lawyers can help you make sure you get the compensation you deserve.
Our personal injury lawyers will analyze the facts of your case, collect evidence, manage communication with the insurance company, and pursue litigation when necessary.
Personal Injury Accidents
A personal injury claim revolves around proving that another party was negligent and caused someone’s accident and injuries. Just about any type of accident that somebody else caused and in which they suffered injuries and damages may qualify them to file a personal injury claim. Two of the most common are car accidents and slips and falls.
In a car accident, Ontario’s car insurance laws will allow someone to recover accident benefits regardless of who caused the wreck. But if they can prove that another driver caused it and injured them, then they may be entitled to additional damages through a third-party personal injury claim.
In a slip and fall, someone can pursue a personal injury claim if the owner of the property on which they fell knew of (or should have known of) a hazardous condition, but failed to correct it, causing them to slip and fall.
In any case, the individual or their Mississauga personal injury attorney needs to prove these four essential elements:
- The defendant owed them a duty of care
- The defendant was negligent in not exercising that care
- They suffered injuries because of the defendant’s negligence
- They suffered damages related to their injuries
Insurance companies often defend claims by building a case that refutes at least one of these elements.
For example, even if someone establishes a defendant was negligent, the insurance company might argue that the negligence had nothing to do with the accident. Or that even if they suffered injuries, the insurer might argue that they are minor and did not cause any significant physical, emotional, or financial effects on them.
Therefore, evidence is so important. Mississauga personal injury lawyers use accident reconstruction experts, case investigators, and other means of getting the crucial details that will establish their case.
The insurance company may argue that they played a role in causing the accident or exacerbating their injuries. If successful, the insurance company may be able to lower the amount of compensation owed to them.
It is vital to defend against any allegations of contributory fault. As lawyers prove the defendant’s fault through expert testimony, accident reconstruction, and presentation of other evidence, they will address any allegations of their client’s own fault through much of the same evidence.
Role of a Client
While Mississauga personal injury attorneys will manage someone’s case, collect the evidence required to prove liability and damages, and negotiate with insurers, there are several things their client can do as well. Things they can do right away are:
- Keep seeing their doctor. Their medical records will be crucial to proving causation as well as the value of their damages
- Tell the insurer to talk to their lawyer. If insurance adjusters start contacting them, tell them that they have a lawyer who will answer their questions and handle communications for them
- Save everything: Keep any clothing or damaged items from the accident (laptops, phones, etc.). Start a file where they put all paper records from their doctor, the insurance company, tow truck companies, and anything else related to the accident. Do not delete any emails related to the accident. Lawyers may use some or all of this as they build the case
Once lawyers review a case, they may estimate the value. Part of their strategy as they build their client’s case is to gather and present evidence that proves not only that the defendant is liable for damages, but that proves the extent of their injuries, how their injuries will affect your ability to work, and more. This all plays into the value of a case. Evidence they might gather includes testimony by a medical or vocational expert, medical and other bills or invoices, and evidence of earnings.
There are two types of damages someone may be eligible to collect after a Mississauga personal injury accident, economic and non-economic. Economic damages include:
- Medical expenses
- Ongoing care costs
- Past and future lost wages
- Costs associated with housekeeping and home maintenance services
- Property damage
Noneconomic damages are emotional or psychological damages like pain and suffering.
Contacting a Lawyer
A Mississauga personal injury lawyer handles personal injury cases on a contingency fee basis, meaning you pay nothing unless you recover compensation.