An accident that causes injuries can be
a stressful, life changing event. There can be pain and suffering along with
detrimental financial implications: substantial medical and rehabilitation
costs as well as loss of income. After an accident there can be a lengthy
process of dealing with reports, medical practitioners and insurance companies.
An injury lawyer can assist with the mountain of paperwork which often has
complex legal terminology.
What
is Personal Injury Law?
Lawyers that practice personal injury
law have experience dealing with the legal ramifications of serious personal
injuries and insurance companies. Injuries may be due to:
- Motor vehicle, bicycle or public
transportation accidents
- Hit and runs
- Slip and falls
- A long-term disability
While previous generations may have
branded personal injury lawyers as "ambulance chasers”, Ontario now has strict
rules and a code of ethics in place. All Ontario lawyers are regulated by The Law Society of Upper Canada.Lawyers practicing personal injury law are advocating on behalf of their
clients. They ensure insurance companies pay a fair and equitable amount of
support to the people who have been diligently paying their premiums and
rightly expect to be paid their due when disaster happens.
Personal injury lawyers generally work
on a contingency basis; their payment being based on a percentage of a
successful settlement.
Legal
Terms
An experienced personal injury lawyer
can guide the victim through the constantly changing laws, negotiate with
insurance firms and take cases through to trial, if needed. They can also help
explain some of the terminology, and its legal ramifications, that permeates
personal injury law.
Accident
Benefits can be claimed from the victim’s own
insurance company and in the case of a motor vehicle accident should always be
available regardless of who is at fault.
Short-
Term Disability benefits are generally part of a
workplace benefit package and last for a period of 2-6 months.
Long-term
Disability benefits should kick in, if needed,
after the short-term benefits expire. They are contingent on many variables and
every benefit package will have different conditions and criteria. If there is
confusion or complications surrounding the claim or a claim has been denied, a
lawyer should be involved, to help negotiate the best settlement.
If an accident is the cause of what is
termed a "catastrophic injury” or
"catastrophic impairment” the financial settlement may be significantly higher.
Tort Claims are made when someone has been injured because of the wrongdoing or negligence
of someone else.
While some insurance companies can be
compliant and quick to pay out benefits and compensation, more often they will
scrutinize and delay before giving substantial settlements until they are
absolutely satisfied the reasons are justified. Often legitimate claims are
denied. Victims of a serious, legally complicated injury should contact a
lawyer before agreeing to any long term settlement, to be sure their best
interests are being served.