FAQs
Read on to get clear answers to your questions and learn how to protect your rights after an accident.
Frequently Asked Questions
After an accident, it is normal to feel overwhelmed and unsure of what to do next. You may be dealing with pain, stress, lost income, and a lot of uncertainty. This FAQ page is designed to answer common questions about personal injury claims, your legal rights, and how Cariati Law can help you move forward with confidence.
How Much Is My Case Worth?
Often one of the first questions asked by someone who has been injured in an accident is, “What is my case worth?” The only way to offer a valid opinion on this subject is to investigate the facts, review medical records and bills, find out if the client has permanent injuries, and check to see how much insurance is available. Only at that point can a reasonable estimate be made, and even then, assessing the relative value of a case is imprecise at best.
The value of the case should only be determined after:
- The client has finished medical treatment.
- All medical records have been reviewed.
- All medical bills have been obtained.
- All wage loss information has been received.
- The treating physician has been consulted to see if the client’s injuries are permanent.
- The facts surrounding the accident have been completely investigated to make sure someone else is responsible (negligent).
The source of collection is determined. This is usually the other person’s insurance company. In Ontario, Canada accidents, if the other person doesn’t have insurance or the insurance is inadequate, the source of collection may be the injured person’s own insurance company.
We understand it’s tough being the victim of a personal injury because someone else was careless. It’s even worse when you don’t understand the law and the process of getting your claim resolved. However, there are some general guidelines to help you in this process. There is a so-called trinity as to all personal injury claims: liability, damages, and source of collection. You need to establish all three or your case won’t be worth as much. Usually there is a dispute as to the extent of the damages or whether the other side is liable.
Liability means fault. Who caused the accident? Did someone act with less care than was reasonable under the circumstances? If so, that’s negligence.
Liability means fault. Who caused the accident? Did someone act with less care than was reasonable under the circumstances? If so, that’s negligence.
What are Damages in a Personal Injury Lawsuit?
Damages are an important part of a personal injury claim. If you were in an accident but weren’t injured or didn’t sustain any damage, you don’t have a claim.
But if you were seriously injured in an accident caused by someone elses neglegence, you are entitled to fair compensation.
An experienced personal injury lawyer in Ontario understands the value of damages and what a reasonable jury would award as fair and adequate compensation. Inexperienced lawyers base value upon whatever the insurance company will offer, even if it isn’t fair.
Generally, there are three types of damages:
Economic losses to date: The primary past economic losses are expenses for medical care and lost wages.
Future economic losses: These are usually expenses for future medical care and future loss of income.
Past and future pain and suffering for the physical and mental anguish experienced: This is the most difficult area to prove. There are no books that juries are allowed to use to make this determination. The question is what a reasonable person would take for these injuries. Understandably, it can be impossible to place an exact dollar amount on pain, permanent disability, or disfigurement. Many insurance companies use a mathematical formula to figure how much should be paid for personal injury cases.
For instance, often adjusters multiply the past economic losses by 1.5 or 2 when the injuries are relatively minor and by 3 to 5 times when the injuries are more severe. Normally, the more serious and painful the injury, the greater the multiplier. However, you shouldn’t let an adjuster subject you to calculations that are not in your best interest. Your body, your injury, and the value of your claim shouldn’t be calculated by some formula that favors the insurance company. Your case must be examined by its own merits.
How Do We Evaluate Your Injury Claim?
When the time is right (as discussed in How much is your case worth?) we prepare a Demand Brochure that clearly demonstrates what you have gone through. The Demand Brochure is an extensive document that discusses in detail the facts of your case, liability issues, your injuries, your treatment, your future prognosis, and our evaluation of these issues.
Once the Demand Brochure is completed, we go over the Brochure in detail with you. We discuss with you all options available to you, ranging from settling with the insurance company to going to trial. We make sure you know what your choices are and the consequences associated with each. We advise you what similar cases have been settled for and what we believe is the settlement range and the verdict range of your case.
After reviewing all pertinent information with you, and after gaining your authority, we send the Demand Brochure to the negligent party’s insurance company. We then negotiate with the insurance company until we receive a settlement offer. After each offer is received, we talk with you and let you know how much money you will net (in your pocket) so you will have a chance to fairly evaluate the option.
This process continues until they submit what we believe is their best and final settlement offer. If you accept this final offer, money from your settlement is usually in your hands in 30 days. If you decide you don’t want to settle and want to litigate and let a jury decide the value of your case, that is also acceptable, and we will do everything in our power to obtain the verdict you deserve. This is how our Ontario, Canada law firm values your claim.
Why do I need a personal injury lawyer to handle my accident claim?
If you have suffered an injury, you may feel overwhelmed by confusion or helplessness. Unfortunately, insurance companies are poised to take advantage of the confusion you are suffering and your desire to move on: insurance companies make profits by convincing you to settle for a fraction of what your case is really worth. You have been hurt once through no fault of your own. Don’t get hurt again because you failed to let an experienced Ontario, Canada injury lawyer help you.
Do You Have an Example of a Case Scenario That Cariati Law Made a Difference?
Unfortunately, accidents happen all the time. Take for example John, a client of our firm. John is a hard-working, man who was driving home when a careless driver broadsided his car, resulting in a serious auto accident.
John didn’t go to the hospital immediately, thinking he only had a sore neck. Over the next few days, however, John’s neck pain started to get worse. He could hardly turn his head and barely sleep. He hadn’t gone to the hospital right away and thought he wouldn’t be able to make an injury claim with the insurance company for the pain and suffering he was experiencing.
After a few days, the pain became too much for John and he finally went to see his doctor. His doctor told him he had a serious muscular injury and began treatment.
When John submitted his claim to the insurance company, they gave him the usual runaround: the insurance adjuster was never in when he called and would never return his calls. When he was finally able to establish contact with the adjuster, he was told he wasn’t hurt bad enough and had waited too long to get treatment to be compensated.
The insurance company would not compensate him for his pain and suffering, lost wages and more. John didn’t have his income, he was hurting, and now he was scared.
He began asking himself, Do I have a right to be compensated? Do I need a personal injury lawyer? How do I choose an auto injury lawyer who is experienced and will do the best job for me?”
John was confused and was beginning to get desperate. By the time John came to Cariati Law injury & disability lawyers, he was ready to sign his rights away. Fortunately, he came to us for help before he signed away his rights to the insurance company.
We fought to get the negligent party’s insurance company to live up to their legal obligations. Most importantly, we sat down with John and explained what his rights were.
We gathered John’s medical records and all the evidence we aquired about the accident, insurance coverages, etc. In the end, we negotiated a great settlement for John. It wasn’t quick but it was fair, it was right, and it was what John deserved.
We gathered John’s medical records and all the evidence we aquired about the accident, insurance coverages, etc. In the end, we negotiated a great settlement for John. It wasn’t quick but it was fair, it was right, and it was what John deserved.
Are All Personal Injury Lawyers The Same?
If you’ve been injured in Ontario, Canada, you normally only have one chance to get the compensation you deserve. Because of this, choosing the right ersonal injury lawyer will be one of the most important decisions that you make.
The fact is the experience and training that lawyers have differs greatly from lawyer to lawyer. Some lawyers may have years of experience drafting wills and shuffling papers in real estate transactions, but is that the type and caliber of lawyer you need representing you in your personal injury case?
The fact is the experience and training that lawyers have differs greatly from lawyer to lawyer. Some lawyers may have years of experience drafting wills and shuffling papers in real estate transactions, but is that the type and caliber of lawyer you need representing you in your personal injury case?
The Ontario personal injury lawyer you hire for your injury case should have a proven track record of success in these types of cases.
Many lawyers who handle large numbers of cases never take them to trial!
Also, many lawyers prefer “out-of-court settlements” even if they are offered less than the case is worth primarily because they don’t have the skill to take their cases to trial.
The big insurance companies know who these lawyers are and will take advantage of the situation. Big insurance companies will almost never offer what you deserve if they know your lawyer won’t take your case to trial.
Don’t be afraid to ask the lawyer you’re considering the tough questions: “How many cases have you tried in front of a jury? How many have you won? How many years of experience do you have?”
These are the kinds of questions you should ask any lawyer you evaluate and are questions we at Cariati Law injury & disability lawyer would welcome the opportunity to answer.
Remember, the law profession is like any other profession when it comes to experience. When you need help, make sure it’s the best help available so that you can reap the benefits of their experience and skill.
Are All Injury Lawyers Skilled Negotators?
Not always. Dealing with big corporations can be intimidating; they often have hordes of well-paid, savvy lawyers who are trained to be tough negotiators.
You need a lawyer on your side who knows these big companies’ weaknesses and who knows how to drive the hardest bargains – someone who has the experience earned through involvement in hundreds of negotiations involving hundreds of thousands of dollars.
The fact is, most Ontario, Canada injury cases are settled out of court, which is where the negotiations take place. If you don’t have a lawyer who knows the art of tough negotiating, you could get taken advantage of.
Do All lawyers devote the necessary amount of time and energy needed to your case?
When you hire a lawyer he or she should have the resources needed to dedicate to your case, but that doesn’t always happen. Some lawyers have so many cases they hardly ever look at them, much less devote the hours necessary to negotiate a fair compensation. Some hardly ever talk to their clients.
Your case, no matter how big or small, is important and should be a priority to the lawyer you hire! You need a lawyer who is committed to providing quality personal service to all of his or her clients, someone who will treat your case with the importance it deserves.
What Can Cariati Law Do To Help Me and Why Are You Different From Other Firms?
Too many people who have suffered an Ontario, Canada personal injury are too scared, intimidated, guilt-ridden, or otherwise reluctant to seek the help they need. Some have had bad experiences with other lawyers. Some have already been intimidated by the big company with which they’ve been dealing. Some simply believe that it is wrong to bring a claim for personal injuries.
Once these people talk with a qualified lawyer about their claims, their rights, and the legal process, they feel much better and more at ease with the situation. They are then able understand that it’s okay to be compensated for personal injuries, and they feel reassured that they are doing the right thing. At this law firm, clients also appreciate the opportunity to conduct an initial consultation with a lawyer at no charge, and with no pressure.
Cariati Law injury & disability lawyers would like to offer you, with no pressure and absolutely free of charge, a free evaluation—a chance for us to evaluate your case and a chance for you to evaluate us. We’ll talk about your Ontario, Canada personal injury, your legal rights, and any other questions you may have about your case.
We’ll also answer any questions you have about our legal experience, including cases that we have tried before juries. During this interview, we hope to:
- Find a way to get you compensated for your injuries
- Find out if the big insurance company you are up against is withholding benefits you are entitled to or pressuring you to make a quick settlement
- See if you’ve been exposed to risks you may not know exist, the likes of which could spell disaster for you
We understand that this can be a difficult time, but waiting any longer for an answer to your questions may only cause more stress and concern.
Our goal, above all, is to create a forum where you will feel comfortable talking with an expert about your legal options; only when you are in a situation where there is no pressure will you be able to make the decision that is best for you.
The case evaluation is free and, if you decide to hire a Cariati Law injury & disability lawyers, you also pay no hourly fees. We only get paid when we collect money for our clients who have Ontario, Canada personal injury claims, and those clients are never required to pay hourly fees. We only get paid if you get paid. Thus, we have an incentive to devote ourselves to your case and fight for your rights to receive the kind of compensation you deserve.
After the complimentary consultation you are still free to hire someone else. At least you will have the benefit of evaluating all of the relevant information and having your questions answered in a no-pressure environment before you make that important decision.
If you want to take advantage of the free consultation about your case—with no obligation—contact an Ontario, Canada personal injury lawyer at Cariati Law today to schedule an appointment at your convenience.
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We fight to get the compensation you deserve.