When someone else causes you harm in an accident, you will have a lot of questions. You may wonder if you can you hold the other party responsible for your damages, who will pay for your medical bills and property damage, how much money are you entitled to for your damages, and how you go through the process to file a claim.
A Scarborough personal injury lawyer is available to help you understand the legal protections Ontario affords to those who suffer serious injuries because of another person’s negligent or careless actions. An experienced lawyer can help you take action against the party responsible for your losses.
Our personal injury lawyers can meet with you in Scarborough for a free initial consultation. Call 1-877-573-3563
Types of Personal Injury Claims
Personal injury claims hinge on the ability to prove negligence and injury resulting from the negligent action. That is, if someone was hurt and sustained damages because another individual or a business failed to act in a reasonably safe manner (or purposefully caused them harm), they may have a valid personal injury case.
Some of the most common types of injury cases include:
- Auto accidents
- Slip and fall accidents
- Medical malpractice
- Birth injuries
- Dog bite injuries
- Defective product injuries
- Traumatic brain injuries
- Recalled medical device cases
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Following an Accident
When someone suffers an injury in an accident, there are several steps they can take to help their case and ensure everything goes smoothly:
- Collect any evidence that they can, including photographs or video of the scene, police reports, medical records, damaged clothing or other property, the defective product (if it was the source of their injury), and eyewitness contact info
- Seek medical care, keep a record of appointments, and follow all doctors’ recommendations
- Keep all bills and receipts relating to the accident and injuries, as well as proof of loss income or work opportunities
- Document injuries in a daily journal, including information about how they feel, their pain levels, and how the injuries affect their daily life
- Consult an experienced Scarborough personal injury lawyer who will review their client’s case at no cost, answer their questions, and explain their legal options for financial recovery
Someone will also want to avoid the following when pursuing a personal injury claim:
- Do not agree to give a recorded statement. Insurance adjusters look for ways to demonstrate if someone shares a portion, if not all, of the blame for their injuries. Any damaging statements they make on record can later be used to deny the claim or minimize the settlement.
- Do not sign any settlement offers. Offers to settle the claim quickly will likely result in an award that is far less than the actual value of the case. Instead, always review any offers first with a lawyer
- Do not delay in taking legal action because time is limited. Some deadlines are as short as 30 days
- Do not manage a case without getting a professional’s opinion. There is a lot at stake for the injured party in a personal injury claim. One mistake can ruin their case for good and bar them from recovering their damages
Types of Damages
There are three types of damages someone can potentially collect in a personal injury case:
- Special damages are monetary losses that can be quantified with receipts and bills such as medical expenses, housekeeping services, loss of wages, medical devices, repairs, transportation expenses, and other incidental losses
- General damages are non-monetary, intangible losses such as emotional harms, disfigurement, loss of enjoyment of life, and pain and suffering
- Punitive damages may apply to cases where the defendant’s actions were particularly malicious, oppressive, or high-handed
Each personal injury case is unique, and financial recovery can vary widely. It is critical for someone to work with an experienced lawyer that works in personal injury law and has successfully handled cases similar to theirs. A Scarborough personal injury lawyer has prosecuted a variety of personal injury cases and secured substantial settlements and verdicts for their clients.
Someone can increase their chances of securing a higher settlement by:
- Acting quickly to protect their rights with an experienced Scarborough personal injury lawyer
- Keeping detailed records of their losses
- Exercising patience and not settling their case prematurely
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Statute of Limitations
Per the Ontario Limitations Act, someone has two years from the date of their injury or the date they discover (or should have discovered) their injury to file a personal injury case. If they fail to file by the deadline, they could forfeit their right to compensation.
Two years may seem like a long time, but someone should account for delays in the claims process. It takes time to collect evidence, negotiate with insurers, track down witnesses, and complete forms. The longer someone waits to take action, the more likely evidence will be lost, and the case could grow stale.
Contacting a Personal Injury Lawyer
You have many choices when it comes to securing legal representation. However, several qualities set Scarborough lawyers apart from others. They will put your needs first and give your case the personalized attention it deserves. They can speak with medical experts on your behalf, help you find a local specialist, secure a rental car, and handle all the legal details, so you can focus on getting well.
They are extremely thorough with their cases and explore every avenue of compensation and demand the full extent of your damages from the insurer/at-fault party. Let a Scarborough personal injury lawyer help you get the justice and restitution you deserve.