The
Services of Toronto Personal Injury Lawyers Are Necessary when Compensation Is
Insufficient and a Lawsuit Required
It is something we hear about too often in
Toronto: an accident that leads to a severe personal injury or the loss of a
loved one that requires a lawsuit. You may already know that engaging a lawyer
is paramount when an injury is suffered. But the issue of compensation may not
yet be over, particularly if the injury is severe and long term disability or
attendant care is required.
Why
a Lawsuit?
While benefits are possible through home or
auto insurance, they may be capped or insufficient for the plaintiff’s
long-term care and recovery.
A lawsuit seeks compensatory damages. Note
the word compensatory. Through the lawsuit, you and your lawyer will make a monetary
claim on what you (and/or your family member if you are acting on behalf of the
plaintiff) lost financially as a result of the accident. This can include:
Medical and Rehabilitative Treatment; Pain and Suffering; and Loss of Income
for the plaintiff’s past and future earnings.
Indeed, in many cases, not only will the
plaintiff lose his/her independence, but also a family member who must move or
give up employment to care for an injured loved one. Consequently, the family
of the injured may also make a claim for damages compensatory to the loss of
care, companionship and guidance.
Family members on whose behalf a lawyer can
act are the plaintiff’s spouse or common-law partner, parents, children,
grandparents, siblings or grandchildren.
Remember that most personal injury lawyers
work on contingency. In other words, they are paid upon settlement.
How
Is a Lawsuit Initiated?
You and your lawyer should agree that a
lawsuit is the appropriate route to follow. A Statement of Claim, which
outlines what kind of compensatory damages (including a dollar figure) are
being sought and why, is filed to the court, which the court, in turn, forwards
to the defence, The defendant must then file a Statement of Defence to the
court. If the defendant does not deliver a Statement of Defence within a
prescribed time, the plaintiff may request a default judgement.
Affidavits may need to be supplied to the defence
as part of the Statement of Claim. These written and signed statements affirm
the plaintiff’s employment, financial circumstances, and medical/hospital
records and receipts.
A pre-trial procedure takes place in which
both sides ask questions. This Examination for Discovery is presided in the
office of the Official Examiner. If both sides are unable to come to a mutual
understanding, the matter can go to trial before a judge.
What
Is the Timeline for Initiating a Lawsuit?
It depends on who the defending party is,
such as an Insurer or the City of Toronto itself, but lawsuits are usually
initiated 120 days to two years from the time the accident occurred. An
allowance can be made if it can be proven that the true extent of the injury
had a longer latency period – as is often the case with severe brain injuries.
Even though the lawyer prepares for going
to trial, most personal injury lawsuits settle before that. Nevertheless, you
will need the lawyer’s expertise and readiness to anticipate any situation when
pursuing a personal injury lawsuit in Toronto.