Are you a victim of an accident and you were not at fault? Well, everyday there are numerous accidents that happen for no fault of the victims, yet they are injured or lead to fatalities. The fact is that under Tort laws, you are eligible to be compensated for injuries that are categorized as physical, emotional or mental traumas. The claim is filed on the premise of the victim or plaintiff that the injuries were caused by the defendant’s carelessness or negligence. If it can be proven in court of law you are eligible for the compensation as put forward by your lawyer.
You can ask a personal injury lawyer to get a better picture on your rights and getting the compensation.
Process of claiming settlement
Additionally, you need to know how the process works after the claim has been filed. There are three lawyers that will be involved- your lawyer, the defendants and one from the insurance company to audit your claim.
The lawyer will gather the facts, talk with witnesses and documentation is done and if things work out in the ‘discovery’ process, the claim is settled without going to court. In most cases, an out of court settlement is preferred by both the insurance company and the victim as nobody wants to drag it out in court for months or years. However, don’t think about representing your own case as you will only be offered a low amount but hire a lawyer to protect your rights.
Time duration and court ruling
This is another factor to discuss with your lawyer. Usually the ‘Statutes of limitations’ vary for filing a case. In most cases, it does not exceed beyond two years, but it is essential to file a claim as soon as possible after the accident so that evidence is not lost. However, if you intend filing the claim as an afterthought and the time limit has crossed, even though you might have a strong case, it will not be entertained in the court of law.
In case the ruling is in your favor, you will get the said compensation but there are no hard and fast rules about the total amount. You can claim a said amount, but the final amount is judged according to the injuries lost wages and future treatments. The lawyer will be able to inform you about it.
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!
