3 Commonly Asked Questions Regarding Personal Injury Claims

Have you been injured in an accident for no fault of your own? You are not alone because every day hundreds of accidents occur that lead to injuries and even death. However, you might be unaware of the fact that you are fully justified in asking for compensation. Although the legal term “personal injury” refers to injuries of an emotional, mental, or physical nature as opposed to property injuries or damages. It is classified as a tort lawsuit wherein one individual (the plaintiff) files a claim for damages, and alleges that their injuries were caused by another individual’s (the defendant) negligence.

What happens when I file a claim? If you file, you are the plaintiff and the party who caused your injuries, that you filed the claim against, is the defendant. There may be up to three lawyers actively involved in the case – one representing the defendant, one representing the plaintiff, and one representing the insurance company.

The first stage of the case is referred to as the “discovery” process, wherein facts are gathered in a number of ways such as depositions, documentation, interrogation, and so on. In many instances, a settlement is reached at this point, and the case does not go to court. Statistics show that very few personal injury actions ever make it to a court trial as it is. However, it is important that you seek professional legal assistance, because when you do not have a lawyer in your corner, you will never be compensated, as per your injuries, by the insurance companies. They will always offer you a low amount when you settle with them.

How much time do I have to file my personal injury claim? There are usually time limits; i.e., “statutes of limitations” that govern how long an individual has, before they may no longer file a personal injury claim. These time limits will vary from one state to another. However, if you miss the statutory deadline, your case will likely be thrown out of court.

If the court rules in my favor, how much will I be compensated? The amount of compensation awarded will vary from one case to the next. For instance, a person may be compensated for lost wages now, and in the future, medical bills, your physical pain and suffering, etc. You may also be awarded damages for any disability, or physical disfigurement that resulted from the accident, and your injuries.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!