Torn Ligaments
Table of Contents
Torn ligament injuries can be extremely painful. People who have been involved in motor vehicle collisions, slips and falls, and other unexpected accidents often sustain these disruptive injuries.
Torn ligaments can impact an accident victim’s mobility and range of motion. Depending on their severity, they might also prevent injured accident victims from performing everyday tasks.
If you have incurred financial losses as a result of the torn ligament you sustained in an accident, you may be eligible to file a civil claim against the at-fault party. Depending on the manner in which your injury was sustained, the at-fault party might be a negligent driver, a property owner and/or occupier who failed to adequately maintain their residential or commercial space, or another individual or entity whose wrongful actions were directly responsible for causing you pain, inconvenience, and financial losses.
To learn more about the process of pursuing compensation, contact our Ontario personal injury lawyers today and receive a free initial consultation.
Common Types of Torn Ligaments
Ligaments are tough, fibrous tissues that either connect bones to one another, or connect bones to cartilage. When a ligament is overstretched or torn, the injury is commonly referred to as a sprain.
Sprains cause varying degrees of pain, swelling and bruising, as well as an impeded range of motion. Ligaments can be overstretched and torn in a number of traumatic or forceful scenarios like being struck by a motor vehicle or falling down a poorly maintained flight of stairs.
Common types of ligament injuries resulting from accidents include:
- Ankle and wrist sprains
- Knee ligament sprains (ACL, MCL, LCL, PCL)
- Torn meniscus
- Whiplash
- Neck sprains
- Rotator cuff tears
- Elbow ligament tears
- Torn foot ligaments
- Back sprains
- And more
Three Categories of Sprains
Ligament injuries are not necessarily debilitating. Mild or moderate sprains may simply be a temporary inconvenience, allowing injured accident victims to cautiously carry out their daily activities. However, severe sprains or tears can have greater impacts on an injured accident victim’s ability to perform the duties of their jobs, as well as their overall quality of life throughout the prolonged recovery periods.
Sprains or tears are graded according to their severity:
- Grade I – The ligament was stretched or mildly torn without causing any joint instability.
- Grade II – Although the ligament has been damaged, the tear is not complete and there is no significant joint instability.
- Grade III – A complete tear (i.e., a ruptured ligament) causing injured patients significant pain and functional impediments in the affected area of their bodies.
Seeking Compensation for Damages
Depending on the manner in which your torn ligament was sustained and the financial impact your injury has had on your life, you might be entitled to pursue a civil claim for damages. If you were injured in a motor vehicle collision, you might also be able to collect accident benefits to help offset the cost of injury-related expenses.
By working with our Ontario personal injury lawyers, you might be able to recover the maximum amount of damages to which you are entitled. To learn more about options for financial compensation that might be available to you, schedule a free initial consultation with our personal injury lawyers serving all of Ontario by calling 1-800-JUSTICE.
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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.