Personal Injury Lawyers in Ontario: Frequently Asked Questions
In Ontario, there are many personal injury law firms. The lawyers that work in this area of the law are usually empathetic individuals who aren’t afraid to fight for their clients, whether that means pursuing insurance claims or taking legal action against any at-fault parties. Good personal injury lawyers are knowledgeable about the law, the insurance industry, and certain areas of medicine. These legal professionals can be of great help to injury victims as they struggle to get regain their equilibrium after an accident. In fact, working with the right personal injury lawyer can be one of the most important factors in your family’s ability to thrive following a serious accident.
There are a number of questions that lawyers in personal injury law firms routinely get asked. Here are answers to a few of them:
What sort of training does a personal injury lawyer receive?
Lawyers' professional qualifications include:
- An undergraduate Bachelor of Laws (LL.B.), a Juris Doctor (J.D.) degree or the equivalent
- Successful completion of the Law Society's Lawyer Licensing Process including Licensing Examinations, and Articling Program, including completion of an online professional responsibility and practice course.
In Canada, there are no “specialists” in a particular kind of law. Lawyers may choose to join a firm that deals mainly with a particular type of case, or they may decide to work in a more general practice. (If you have a personal injury case, it’s always best to consult with a lawyer from a personal injury law firm.) Lawyers may also continue their education through accredited professional development courses. Many lawyers attend conferences and seminars to be sure that they are knowledgeable about developments in the law in their preferred area. The Canadian Bar Association has more information about the types of courses and seminars available.
How much does it cost to hire a personal injury lawyer?
Personal injury law firms understand that when people have been injured, they may be experiencing financial stress. A serious injury can prevent a victim from working, temporarily or permanently. Therefore, rather than charging by the hour, personal injury firms work on a contingency basis, which means that the lawyer will receive a percentage of any compensation the client gets. When you decide to engage a personal injury lawyer, you’ll sign an agreement that will outline the agreed-upon percentage, which is usually less than 40%. (If the number seems large, you should note that the amounts paid out to clients with lawyers are usually much greater than the amounts paid to those handling their own cases.) The client is also usually charged for costs such as obtaining copies of medical reports, court filing fees, and witness fees. The first consultation with a personal injury lawyer is free, so you can get some advice about your options during this first meeting.
What is my case worth?
Injury victims are often very curious about how much money they might expect to receive. Unfortunately, that is a difficult question for any lawyer to answer, particularly at the beginning of the process, when the full effects of the injury may be impossible to predict. The basic principle is that the payment an injured person receives should get them back into the position they were before the injury occurred. There are a number of different factors that come into play, including:
- Whether or not someone else can be held responsible for your accident. Was a faulty product to blame for your accident? Was someone else’s negligence responsible for your accident? Ontario’s no-fault car insurance benefits are available to any accident victim, but if another driver was at fault in the accident, you may be entitled to further compensation. If the accident occurred entirely because of someone else’s behaviour, they can be considered 100% liable for it. However, if your conduct was partly to blame for the accident, you might be considered to share in liability.
- How serious your injuries are. Obviously, if your injuries are considered catastrophic or life-changing, your claim is worth more than an injury that will heal with time. This is a variable that is difficult to assess until you have reached the “maximum medical improvement.” In addition, your quality of life before the accident may factor in, as well as your age.
- What types of damages you are eligible for. In some cases, you may eligible only for economic damages such as loss of income, or medical expenses. In other cases, you may be eligible for an amount for pain and suffering. In 1978, the Supreme Court placed a cap on non-pecuniary damages for accident victims. In today’s dollars, that cap is approximately $366,000.00. Damages at or near the cap are usually awarded to catastrophic injuries such as brain damage or quadriplegia.
If you’ve been injured in an accident, personal injury lawyers in Ontario are here to help.
Contact a personal injury law firm today and schedule a free initial consultation. A good personal injury lawyer can help you to rebuild your life after an accident.