General Questions About Personal Injury Law
What is a personal injury claim?
A personal injury claim is a legal process where an injured person seeks compensation for damages caused by the negligence or wrongful actions of another party. These damages may include medical expenses, lost wages, and pain and suffering.
How do I know if I have a valid personal injury case?
You may have a valid case if another person or organization’s negligence caused your injury. Consulting with a personal injury lawyer can help determine if your case is worth pursuing based on the evidence available.
What types of personal injury cases do you handle?
We handle a wide range of personal injury cases, including motor vehicle accidents, slip and fall accidents, medical malpractice, product liability, workplace injuries, and catastrophic injuries.
What Is the Limitation Period for Personal Injury Claims?
In Ontario, the limitation period for filing most personal injury claims is two years from the date of the injury or the date you became aware of the injury. However, there are exceptions, such as injuries involving minors or claims against municipalities, where shorter deadlines may apply. It is essential to act quickly to protect your right to compensation.
What If the Insurance Company Denies My Claim?
Insurance companies sometimes deny or minimize valid claims to protect their interests. If your insurance claim is denied, our lawyers can help you challenge the decision through negotiation, mediation, or legal action. We know how insurance companies operate, and we fight to ensure our clients receive the compensation they are entitled to.
Do I Need a Lawyer for My Personal Injury Case?
While you are not required to have a lawyer to file a personal injury claim, having legal representation can significantly improve your chances of success. A personal injury lawyer:
- Evaluates your case to determine the value of your claim.
- Gathers evidence to build a strong case on your behalf.
- Negotiates with insurance companies to secure a fair settlement.
- Represents you in court if a settlement cannot be reached.
Our lawyers take the stress out of the legal process, allowing you to focus on your recovery while we handle the legal complexities of your case.
How Much Does It Cost to Hire a Personal Injury Lawyer?
At Odette Rwigamba Lawyers, we work on a contingency fee basis, which means you pay no legal fees unless we win your case. Our initial consultations are free, giving you the opportunity to understand your legal options without any upfront costs or obligations.
How Long Will My Personal Injury Case Take?
The timeline for a personal injury case varies depending on the complexity of the case, the severity of the injuries, and whether the matter goes to court. Some cases are resolved within months through settlement negotiations, while others may take several years if court proceedings are required. Our team works diligently to resolve cases as efficiently as possible while ensuring that our clients receive fair compensation.
[divider height="10"]Filing a Personal Injury Claim
How long do I have to file a personal injury claim in Ontario?
The limitation period for most personal injury claims in Ontario is two years from the date of the injury or when you became aware of it. However, certain exceptions apply, such as cases involving minors or claims against municipalities.
What should I do after being injured?
Seek medical attention immediately, document the incident, gather witness information, and report the accident if necessary (e.g., to the police or property owner). Contact a personal injury lawyer as soon as possible to assess your legal options.
Can I still file a claim if I was partially at fault?
Yes. Ontario follows a system called contributory negligence, meaning your compensation may be reduced based on the percentage of fault assigned to you, but you can still pursue a claim.
[divider height="10"]Compensation and Damages
What compensation can I receive in a personal injury case?
Compensation may cover medical expenses, lost wages, pain and suffering, rehabilitation costs, future care needs, and housekeeping services. Your lawyer will assess the full extent of your losses to pursue maximum compensation.
How is pain and suffering compensation calculated?
Ontario uses guidelines to calculate non-economic damages for pain and suffering. The amount depends on the severity of the injury and its impact on your life. The cap for pain and suffering damages in Canada is approximately $400,000 for the most severe cases.
Can I recover lost wages if I miss work due to my injury?
Yes, you may be entitled to income replacement for wages lost due to your injury. Future loss of earning capacity can also be claimed if the injury impacts your ability to work long-term.
[divider height="10"]Insurance and Claims Process
What if my insurance company denies my claim?
If your claim is denied, you can challenge the decision through negotiation, mediation, or legal action. Our personal injury lawyers have experience dealing with insurance companies and can help you fight for your rightful benefits.
How long does it take to resolve a personal injury claim?
The timeline varies depending on the complexity of the case and whether it settles out of court. Some cases are resolved in a few months, while others may take a year or more if litigation is involved.
What if the at-fault party is uninsured?
If you are injured in a motor vehicle accident involving an uninsured driver, you may still be able to claim compensation through your own insurance under the uninsured motorist coverage.
[divider height="10"]Legal Process and Representation
Do I need a lawyer for my personal injury case?
While you are not required to have a lawyer, hiring one significantly increases your chances of receiving fair compensation. A lawyer can handle negotiations, gather evidence, and represent you in court if necessary.
How much does it cost to hire a personal injury lawyer?
At Odette Rwigamba Lawyers, we work on a contingency fee basis, meaning you do not pay legal fees unless we win your case. This arrangement allows you to focus on recovery without worrying about upfront costs.
What is the role of a personal injury lawyer?
A personal injury lawyer provides legal advice, builds a strong case by collecting evidence, negotiates with insurance companies, and represents you in court to secure the best outcome.
[divider height="10"]Catastrophic Injuries and Long-Term Impact
What is considered a catastrophic injury in Ontario?
Catastrophic injuries include severe injuries such as traumatic brain injuries, spinal cord injuries resulting in paralysis, amputations, and severe burns. These injuries often require long-term care and rehabilitation.
What benefits are available for catastrophic injuries?
If your injury is classified as catastrophic, you may be entitled to enhanced benefits under the Statutory Accident Benefits Schedule (SABS), including up to $1,000,000 for medical and rehabilitation expenses.
Can I claim future care costs in a personal injury case?
Yes, future care costs are a key component of compensation, especially in cases involving serious injuries. These costs may include rehabilitation, assistive devices, and ongoing medical treatment.
Mediation and Settlement
Can personal injury claims be settled out of court?
Yes, many personal injury cases are resolved through negotiation or mediation without going to court. A settlement can provide quicker resolution and reduce legal costs.
What happens if my case goes to trial?
If your case goes to trial, a judge or jury will review the evidence and make a decision on liability and compensation. Our lawyers will guide you through the process and represent your interests in court.
How is a settlement amount determined?
Settlement amounts are based on the total damages you have suffered, including medical expenses, lost wages, and pain and suffering. Your lawyer will negotiate with the at-fault party’s insurance company to reach a fair settlement.
