Sustained a catastrophic Injury and Want to
Make a Claim? – Consult a Lawyer ASAP!
Hiring a Personal Injury Lawyer – Why, When and Who
If you have a catastrophic injury, a lawyer
consultation should take place as quickly as possible. The extent of a
catastrophic injury is often difficult to quantify, but can have far reaching
consequences, which may surface long after an accident. You need the protection
of an experienced personal injury lawyer.
A personal injury lawyer can ask the questions
necessary to determine the amount of benefits you will require over the
lifetime of your injury. To do so, it is necessary to understand the effect the
accident has had on you and your family by comparing it to your life prior to
the event. Additionally, brain injuries
are not always easy to assess as personalities and symptoms can change over
time as a result. A good personal injury lawyer will be able to assist in
setting up treatment programs and rehabilitative care for you.
The Need for Speed
Although your injuries may be daunting, it is still
necessary to launch your benefits claim as soon as possible, primarily because
personal injury claims have limitation periods that must be met.
An accident report should be filed with the police
within 24 hours. If a claim is being launched for benefits under the Ontario Insurance Act, it is necessary to inform your insurance provider
within a week of the incident. In
addition to pursuing a claim under the Ontario Insurance Act, there are other
avenues open to you: If the other party in the accident was negligent, you can
sue for additional damages. Again, there are time restrictions. An experienced
personal injury lawyer will ensure those limitation periods are met.
In addition, a lawyer can advise you on what to say,
and – more importantly – what NOT to say to the insurance adjuster. Any
statement you make will go into your file and could affect future accident
benefits and tort claims. It is important to talk to the adjuster only when you
are medically able – and don’t do so until you have obtained legal advice. The
reason for this is not nefarious. Simply put, you are never on an even playing
field with the insurance company. Handling claims is their business, and in all
likelihood, this is the only time you will have ever had to do so. A lawyer
will also advise you against talking to the insurance company of the party at
fault.
The Initial Consultation
It is important that you know that the initial
consultation with a lawyer should be free. This is the time for the lawyer to
hear your story and decide if your case has merit. An experienced lawyer will
know quite quickly if your claim can be won or if you are only wasting your
(and his) time pursuing a claim.
Once the lawyer and you have decided to proceed,
the question of your costs should be dealt with. Most lawyers will work on a
contingency fee basis, which means that they will not charge you a fee or costs
while your claim is proceeding. Instead, they will take their fee from a
percentage of the eventual settlement. The amount of that fee should be agreed
upon at the commencement of proceedings.
A consultation with a catastrophic injury lawyer should
be the first step in a journey that will bring you financial peace of mind.