Hire a Lawyer if You Have Sustained a Personal
Injury in a Car Accident in Toronto
Brain Injuries and the Law
Brain injuries are common. There are many causes of
catastrophic brain injury, the most common of which is a car accident. Other
causes include slips and falls, contact during sports, or a blow to the head
during a violent incident. In fact, one estimate from the Brain Injury Association of
Canada reports that Canadians suffer over 200,000 brain injuries annually. New
cases are more common than breast cancer, HIV / AIDS, spinal cord injury and
multiple sclerosis combined. Traumatic
brain injuries – ones with long term effects – can affect more than 50,000 people
per year. Brain injuries can be catastrophic. Damage can be mild to severe and
range from cognitive difficulties and personality changes to physical
disabilities. Inevitably, there is a cost in day-to-day functioning.
Furthermore, the complexity of the brain makes it slow to heal and an injury
difficult to treat. The financial implications are often more than a caregiver
or family can handle.
First Things First – Hire a Lawyer
If you have been in a car accident and suffered any type of injury, there is one
imperative: get a lawyer. Whether you end up pursuing a claim for the
compensation outlined in the Ontario Insurance Act or via a negligence suit –
or both – the clock begins ticking at the time of discovery of the injury. For
example, if you are applying for benefits under The Insurance Act, you must
tell your own insurer of your wish to do so within seven days of your car
accident.
Negligence claims – depending on the cause of the
injury – can vary quite dramatically. A lawyer will ensure that you meet the
filing deadlines.
Benefits under the Ontario Insurance Act are
numerous, and an experienced lawyer will help you get the maximum amount to
which you are entitled. There is an Income Replacement Benefit, Medical and Rehabilitation
Benefits – even benefits for educational expenses.
If the injuries fall within the definition of
"catastrophic impairment” – and brain injuries are often classified thus – the
benefits rise dramatically. This reflects the severity of brain injuries on
your ability to function effectively.
If your lawyer believes that negligence on the part
of the other party in the accident can be proved, then a tort case can be pursued.
But in every case, you need a lawyer.
How to Find a Good Personal Injury Lawyer
The internet and yellow pages are full of
advertisements for law firms. This can be bewildering.
Find a lawyer experienced in personal injury
claims. It is a complex field and the lawyer who did such a great job on your
home purchase is not going to be the best one in making your car accident
claim.
How does the lawyer expect to be paid? You may
already be out of pocket due to the injury, so find a firm that operates on a
contingency basis, which means that they will take their negotiated fee as a
percentage of the final settlement. Find a lawyer who speaks your language – it
is imperative that you be able to describe, in your native tongue, your
injuries and the effects your car accident in Toronto has had on your life.
A good lawyer can win you peace of mind – and the
benefits to which you are entitled.