The quick answer to this question that every single personal injury lawyer in Ontario is going to give you is always. Negotiations are far more lucrative than trials. Sure, you may be required to get a lower amount of money than your case is actually worth but the truth is that this is going to save you time, effort and most importantly – your piece of mind. Trials are long, especially in Ontario. In fact, the courts are so over flooded with work that if you file a motion for a hearing today, you are likely to get the actual hearing somewhere in 2018. That’s right, it’s not unheard of and in fact it’s becoming quite common for personal injury claims to take several years to get resolved through a trial procedure.

So, with this being said, settling the case through negotiations is far more lucrative for you and for the insurance company. Why is that, you may ask. Well, the more you postpone the case and the stronger your argument is, the more money the insurance company is going to have to pay you. This is due to the fact that there is an interest rate that accumulates from the moment your insurance was due to the moment it was actually paid off. In case of a trial, the majority of lawyers are going to advise you to claim this interest.

Looking at matters on your behalf, a quick settling of the case means that you get to move on with your life as quickly as it’s possible. The last thing you want after being involved in a traumatic injury and having undergone series of complicated medical and rehabilitative procedures is to get engaged in a year-long trial at the least, if not longer. Your priority should be to get your compensation as quickly as you can and get it over with sooner rather than later.

What is more, the quicker you get through the case, the easier it would be for you to get actual compensation. As this thing gets dragged through time, new information could come to light which might compromise the integrity of your claim. Insurance laws change quite often in Ontario and the last thing you want has to wait for a debate on whether the new laws are going to affect pending cases such as yours.

So, you should always try to get the case settled with negotiations. Though it is best that you hire an excellent lawyer to negotiate on your behalf, and deal with the insurance adjuster. This is because they are more knowledgeable about all aspects of the claim settlement. This is the quickest way for you to get it over with and it’s by far the overly preferred by the majority of claimants. It’s a fact that most of the personal injury claims never even get close to a court room and get settled way upfront through sound negotiations.

Spinal cord injuries are amongst the most dangerous once that could occur after an accident. Unfortunately, just like orthopedic injuries, they could be the result of almost any accident with the exclusion of dog attacks, probably. However, motorcycle and car accidents, pedestrian and public transit accidents and slip and fall are all too common cases in which spinal cord injuries tend to happen. With this in mind, it’s important to understand that every single area is governed by different set of statutory provisions and laws which are particular and concise and the injuries are going to be set forth in them. These pieces of legislation include the Occupier’s Liability Act, the Insurance Act of Ontario and the Highway Traffic Act.

However, it’s worth noting that spinal cord injuries are particularly dangerous and severe. The spinal cord is an essential part of your body and when even slightly damaged it’s capable of causing grave consequences. This is because that’s basically the inter connector of your entire back and lower body and if even the slightest damage occurs this is capable of rendering you unable to move certain body parts for the rest of your live. Spinal cord injuries are the main cause for long-term disability and when it comes to it, there are a lot of specific claims to be filed.

Long-term disability would generally suggest that the victim is going to start receiving some sort of disability payment – a pension. This is paid either by the one who caused the accident or by the insurance company, provided that the injured had been insured for this particular risk. In any case, the disability is likely to render him unable to produce the same amount of work as he did before and this is going to result in a loss of income because your employer won’t be able to pay you as much, provided you are even able to keep your job in the first place. Your lawyer is going to ensure that the insurance company does not lowball you on the amount of damages provided.

As per the legislation governing this particular area you are going to be entitled to sue for the difference of what you are getting as a compensation and your income prior to the accident. This is pretty convenient and it provides a lot of security for the permanently disabled as it allows them to maintain a proper lifestyle despite of the fact that they are no longer capable of providing the same amount of work.

When it comes to spinal cord injuries, it’s important to note that they are related with grave pain and suffering. The entire endeavor is related with terrible aches, disability and in some cases, complete paralysis which are going to lead the door wide open for compensatory claims in this particular regard as well. The amount of compensation that the victim qualifies for depends upon the level of injury and disability that has been rendered due to the accident.

Being involved in a personal injury case is definitely overwhelming. However, once it’s all through and you’ve recovered, you might want to start considering getting that compensation from the insurance company that you are legally entitled to. With this in mind, you’d be interested to know that the best way to do so in Ontario would be for you to engage in transparent negotiations. This is due to the fact that using the services of the court is particularly daunting. Courts in Ontario are flooded with work and it takes around 2 years to get a hearing. That’s right – two years to get a simple hearing and you have no idea how much is it going to take from then on.

Instead, you should start working on your negotiation strategy. It’s really important to determine whether you got the upper hand or not. This is going to determine the way you approach the negotiation table with the adjuster. Let’s see how it goes either way.

You have solid grounds for your claim

You’ve done your homework – all of the information is gathered, all the proof is there, everything is in line, you have the legal merit behind you and you are ready to go. This is the best possible situation you can be in and you should take advantage of it. Put your insurance company over a barrel and make sure that they realize it. Be aggressive; ask for the entire amount without hesitating. Decline everything that’s lower than what you are entitled to unless you are in need of quick cash. In that case, make sure to determine the authority of the adjuster and work with it.

Your insurance company has the upper hand

You don’t have everything it takes to make a stellar case in court and you are worried about how much cash you can get. The first thing to do is to hire a reputable personal injury lawyer with a backbone who’s not going to tolerate being pushed around. This is absolutely important if you want to have any chance of getting proper compensation. There’s nothing worse than being at a disadvantage and your adjuster realizing it. He’s going to use this to his advantage and make sure that he makes the most profit out of your case. Of course, you also have a move – threaten lawsuit.

Insurance companies do not prefer going to court. While the case is pending, the amount of money that’s being debated can’t be reported as profit as the outcome of the case is not determined. This is your hidden play. Don’t be afraid of the court – use it to your advantage whenever you have to but be careful.

Personal injury is a particularly wide field of expertise. You need to understand that there are quite a few different things that have to be taken into thorough consideration throughout the process of getting compensated for you injuries. If you’ve sustained damages as a result of an accident, you are likely to have to deal with an insurance adjuster. If you’ve never heard of this position before it’s highly likely that you’ve never been involved in an accident. These are the guys who are going to make sure that you don’t get your compensation – to put it very roughly.

Of course, this is a bit of an overstatement in the eyes of many, especially for insurance companies but that’s the truth – the less they pay you the more money they make. If they can get your claim denied, believe me – they will! So, what you need to do is you need to hire a reputable lawyer with experience in the matter and get him handle the process professionally. They are conversant in dealing with the insurance companies and understand all aspects of winning the compensation.

Lawyer Is Well-Aware Of the Tricks

An insurance adjuster is going to use every single trick in the book to get you to trip along the way. This is why you need someone who has your back – that’s your personal injury lawyer. He’s going to negotiate with the adjuster and try to beat him at his own game. Keep in mind that there are tons of specifications that have to be taken into account. Your lawyer is going to look at all aspects of the case before planning any further.

For instance, the first thing that the adjuster is going to do throughout negotiations after examining your claim is to offer you an amount of money. Once you look at it you are going to be thoroughly repulsed as it’s not going to be even close to the number you’ve been hoping for. This is where your reputable lawyer steps into the picture. If he’s capable of intimidating the adjuster to the point that he’d be afraid of taking him up on trial, he’s likely to reveal you the next offer. It is best to hire the services of a good lawyer that is experienced at

Second Offer Is Also Undesirable

That’s right – even now he’s going to provide you with presumably the “highest he can go”. This is his authority – at least that’s what he tells you. It’s not his authority – that’s what you should know, and that’s what your lawyer is aware of. The authority is the amount of money which is claimable by law. So, your lawyer is likely to revoke this offer as well and threaten lawsuit. It is then when the majority of adjusters are going to fold because dragging this through court means more interests and fewer profits – something which is unacceptable. This is where you should the actual number.

Regardless of the type of claim that’s being filed, the case itself is built upon actual evidence. The legal system of Ontario is designated to work in a specific manner in which you can only get what you manage to prove. If the court fails to work in such a manner, this would end up in a particular descent which is definitely going to negatively impact the entire case.

Strong Evidence

In order to carry some weight in court and to be persuasive enough, your evidence needs to be legitimate, not tampered, altered and completely pure. Furthermore, it’s also worth noting that evidence itself comes in a wide range of different forms. It could be a regular oral testimony from an examination for discovery, for instance, it could be from testimony at the trial procedure itself while a party or a witness is questioned on the stand. In the trial procedure in Ontario, oral evidence could result from questioning a witness, parties to the litigation and experts.

Documented Proof

However, evidence can also be in the form of a document. Medical and police reports, 911 recordings, photos of your injuries and everything that you can come up with is also admissible in court and carries weight. However, the exact amount of weight which is distributed to any given evidence is dependent on the Jury or the Judge.

It’s worth noting that some of the most important pieces of evidence in personal injury claims come from the expert report from the medico-legal experts. These are doctors or particularly educated specialists who are hired by the party in the litigation in order to give an opinion regarding the damages and the cause of these particular damages. The things that the experts say or don’t say could be paramount for the case.

Specific Ontario Laws

However, it’s worth noting that these experts are not paid by the Ontario Public Healthcare System in order to appear before the court – they are paid by the parties. They are used to handsomely deliver information in front of the judge or the jury so that the report strengthens the case of the one who hired the expert. What is more, if the expert doesn’t have to say something beneficial for the hiring party, you are unlikely to see him appearing in court at all.

Of course, there are strict rules and regulations which govern the reports and their power within the process itself. Section 12 of the Evidence Act of Ontario has to be read simultaneously with the Rule 53 of the Rules of Civil Procedure of Ontario and they would provide you with basic understanding of the overall conduct and standards which have to be met.  When you hire a personal injury lawyer, they understand all aspects of the Ontario law and ensure that well-documented evidence is provided so that your claim is sound in all aspects.

If you’ve been involved in a car accident you might not always suffer severe orthopedic injuries. There are certain occasions in which there wouldn’t any broken bones, ripped tendons or ligaments. However, whiplash injuries are just as dangerous and they have to be thoroughly considered. This is a particularly cunning injury because the damages might be particularly harmful as they are going to affect one of the most important parts of your entire body – your neck. Whiplash refers to the injury which derives from a minor car accident in which your head is going to straightforward and right back afterwards as the preventive force of the seatbelt kicks in. This could cause severe damages to your neck and spine. This can be mild or severe and depending upon the first medical reports and documentation by the doctors are of key consideration.

Symptoms of whiplash injuries

There are quite a few different symptoms that you might be looking out for if you’ve been involved in an injury of the kind such as:

·         Worsening of pain when moving your neck

·         Loss of range of your motion in the neck area

·         Often headaches which start at the base of your skull

·         Pain in shoulders, upper back or your arms

·         Neck pain and severe stiffness

It’s worth mentioning that while these symptoms might seem as if they were rather harmless in comparison to the tremendously negative effects of the majority of sever orthopedic injuries they are capable of causing dramatic long term disability. Stiff neck and limited range of motion of your neck is going to dramatically impact the movement of your entire body. You might not be able to do your job at all, especially if it requires you to move quickly and with swiftness.

There are various treatment plans which are going to prove to be very helpful in situations of the kind and you might want to take them into advantage if you are suffering from a whiplash injury. However, as it is with almost all medical treatments in Ontario, they won’t be cheap and affording them might be a challenge. Luckily for you, if your whiplash injury is a result of an accident, you are going to be fully entitled to compensation.

You can demand to be compensated directly from the insurance company as the rules of fault determination set forth the “no fault” rule which is going to disregard the fault part and provide you with compensation in all cases. If the compensation is not enough, you might be entitled to sue the at fault driver in a civil lawsuit and get the difference of the compensation that’s been awarded by the insurance company and the actual amount of the medical expenses awarded by the court. With this in mind, a civil lawsuit might turn out to be a good idea. However, the best would be to first get a consultation with a leading personal injury lawyer in Brampton and get the case evaluated.

Personal injuries are capable of being incredibly complicated and overly hard to deal with. With this in mind, it’s worth noting that one of the most challenging things to consider is the cost of future care. When you start thinking about how much money you’d have to pay in the near and not so near future you are quickly going to see how the numbers are going to start adding up in order to end with a staggering dollar amount. Luckily for you, it is very possible that you might be eligible to have them covered by the insurance policy of the defendant. That’s something that you might want to consider as it’s going to save you a quite a lot of money. However, the task of measuring, justifying and predicting this particular future care could be more complicated than you’d expect.

Pecuniary damages

Future care is a cost that is going to be falling under the legal term which is known as pecuniary damages. The most common ones of those would include expenses such as medications, therapy, property damage, special assessments, assistive devices and many of the kind. These damages are determined and measured through regular documents such as healthcare contracts, receipts and literally everything that stipulates an expense related to the injury. However, as you might probably imagine, the case of future care is rather different.

It’s also worth noting that the future care wouldn’t only involve the basic medical care. When you’ve been severely injured and you are deprived of the possibility to conduct basic activities such as using the restroom, climbing stairs and many of the kind, the care is going to envelop all of the above. This is needed so that the care would fully cover absolutely everything there is. The insurance company usually has an aggressive team of lawyers but if you have an experienced lawyer, your case will be taken care of.

Full compensation

In order the get the compensation reward for future care, you would need to provide the insurance company with an extensive report that’s assessing every single need of care and the estimation of the period that said care is going to be needed for. This particular report is usually going to be prepared and compiled by a certified rehabilitation registered nurse C.R.R.N. The rehabilitation nurse is going to review all of the documents and is going to base the report on them.

In any case, if you want to make sure that everything is handled properly, it is best if you rely on the services of a reputable personal injury lawyer. Even if you don’t need to take the matter to the court, you would be capable of relying on him to represent and protect your interests in front of the insurance company. It is in your best interest to ensure that you are being taken care of properly. Your rights need to be protected and justice has to be provided.

A lot of people seem to be unaware of this particular possibility that the law stipulates in order to properly benefit those who have been involved in an accident. Instead of pursuing the matter in the court which is definitely timely and costly, they could resort to the so called arbitration institution. This is going to be a process which is, however, a lot faster and far less expensive.

In the arbitration, there is an arbitrator who is chosen and is going to listen to all of the evidence from both of the lawyers who are representing the defendant and the claimant as well as the lawyer of the insurance company if there is one involved. The arbitrator is going to listen to all of the exposed facts and is then going to provide the parties with a written decision which is going to be absolutely binding.

Of course, in order to ensure the protection of legal interests, the law has provided that the arbitrator has to be absolutely unbiased in his ruling and he has to base it, solely on the properly established and undeniably proven facts. Thus, the process is complex yet having an experienced lawyer in your corner is an asset. If you are worried about the fees, work with a legal professional that charges on contingency payment.

How do you start an arbitration process?

Well, most commonly this happens when your insurance company denies you compensation. Your lawyer could then assist you with filing the copies of the Application for Arbitration. Of course, you can do so yourself. Along with the application you would have to file a Mediator’s Report. The entire motion is going to be sent to the insurance company and they are going to have 20 days to provide a written response to the Financial Services Commission of Ontario.

In any case, there are quite a few benefits which are going to stem from this particular process. For once, you can rely on the arbitration process to be a lot faster. This is especially important because we are all well aware of how slow a regular civil lawsuit could be, especially if the case is more complicated. Furthermore, when it comes to handling a case in front of the court, you have to know that this could get quite expensive. This could be rather intimidating and what is more, a lot of people might not have the financial means to do so. An arbitration process is going to be far less expensive and at the same time, it’s going to provide you with the same amount of legal protection as the decision of the arbitrator has the same binding power when it comes to the relationship between the parties. It’s safe to say that this is a good option but you need a reliable personal injury lawyer in Burlington to help you out in the matter.

Being involved in an accident is not only physically painful and emotionally stressful but also quite annoying, if we have to be honest. There are quite a few things that you would need to get done in a short and rather specific timeline. There are a few forms that you would need to get filled out immediately. It would be best if you use the services of a personal injury lawyer who’s going to provide you with thorough insight on what to do and how to complete the forms so that you can maximize the amount of your compensation.

Of course, it’s also quite beneficial to have strong and sound understanding on the forms yourself so that you know all you need to get them done in advance. As you submit the forms in question, you should make sure that you also make a copy of the forms themselves as well as the documents and attachments that you are submitting along with them. Now, let’s take a look at just some of the forms that you might need to take care of and submit to the authorities.

Application for Accident Benefits (OCF – 1)

This is the basic and also the primary application form that you are going to need to fill out after the accident. You are going to receive the entire package in the mail and you have to complete it within 30 days after the reception. If you aren’t able to do so, you should still send out a form to your insurance company, explaining to them why you couldn’t fill out the OCF-1.

Disability Certificate (OCF – 3)

You complete this form only in the event in which you’ve become disabled because of your accident. The certificate is absolutely crucial as it’s going to be showing that the medical professional has thoroughly diagnosed you with disability. If you are unable to fill it on your own, you can ask for assistance or your lawyer can do it on your behalf.

Employer’s Confirmation of Income (OCF-2)

This one you fill out in order to make sure that you let the institutions know your exact amount of income as stated by the employer. It’s important because the majority of the compensations have something to do with your current income and the court or the institution that’s going to be paying you off needs to be aware of it.

These are just a handpicked few of the total amount of forms that you might have to fill out. However, these are the most common ones even though the others are also pretty regular. It would be best if you contact a personal injury lawyer that’s going to help you out in the matter and get the things sorted out in the best possible way so that there are no complications. There are many experienced personal injury lawyers in Mississauga that will be able to help you right from the beginning.