The
Aftermath of a Serious Accident
Have you been in a serious accident? As
lawyers in Toronto will attest, while injuries resulting from motor vehicle
collisions are unfortunately increasing in frequency, so too are other serious
accidents resulting from situations such as:
- Slipping and
falling on a sidewalk covered in rain or ice
- A driver
suddenly opening his car door while you are cycling along a Toronto street.
- Purchasing a
child’s toy, appliance or any type of consumer product that turns out to be
defective or to cause defects
- Working at a
construction job and being injured on site
- Playing a team
sport that results in injury due
to negligent supervision.
So, what exactly does "serious” mean when
it comes to an injury? Time and aftermath. A serious accident means possible
long-term – even permanent –disability. The party may have suffered
catastrophic injury to the brain, spinal cord, or loss of limb(s) or vision.
While Toronto residents may turn to our health care system, such as OHIP, to
cover hospital and physician care, costs such as physical and occupational
therapy and specialized equipment like wheelchairs, home nursing or
prescriptions are not necessarily covered.
Unfortunately, even though a serious injury
could have enduring consequences, some benefits are capped, which means that
once a monetary amount or time frame has been reached, the injured person no
longer receives the respective benefit. If the serious accident becomes a
lifelong disability, one will have to examine if one is financially prepared
for the future. The person who has been seriously injured is not the only
individual affected by a loss of independence. A family member or a spouse may
need to relocate or quit his/her job in order to administer to the needs of the
injured.
How
to Proceed with a Tort Claim
A Tort Claim is a lawsuit against the party
whose negligence or actions resulted in your injury. It is potentially pursued
through the courts. You would need to work with an experienced serious accident
lawyer who is also experienced in trial law. The lawyer will:
- Investigate
the cause of the accident.
- Consult with
you on what you and/or your family require in the way of an adequate
settlement.
- Advise you
regarding realistic expectations.
- Determine
which party is responsible for the accident.
- Research which
avenue to pursue in order to make a financial claim; in other words, if it is
the insurer or the municipality with whom one should inquire.
- Compile
support documentation, such as medical assessments.
- File a legal
claim on behalf of the injured party.
- Negotiate and
mediate a settlement.
Financial
Concerns
A depleting bank
account can arise from loss of income and, of course, the growing costs of
medical bills, rehabilitation and additional care. One item that will not cause
additional burden is the cost of enlisting a lawyer to represent you and your
wishes. Highly experienced and reputable personal injury lawyers typically work
on a previously agreed upon Contingency Fee Basis. The lawyer receives payment
when a settlement is received.
A serious accident can be a severe loss; a
loss of mobility, independence and spirit. While financial compensation will
not necessarily "fix” a catastrophic injury, it can help alleviate some of the
accompanying stress and worries. A serious accident lawyer in Toronto will be
the skilled, dedicated and experienced advocate needed to prevent an already
bad situation from becoming worse.