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Personal Injury Law

Personal injury law involves cases where an injured person brings a case to civil court to get compensation or damages for losses resulting from an accident or other incident. These losses can be physical, psychological or financial and be caused by another person’s negligence, carelessness or by willful and purposeful conduct. Personal injury law is an especially sensitive area of the law because it affects the most important facets of our lives; our health and the health and well-being of our loved ones.

We're here to help.

When we or someone we love are hurt and need help, it can be a confusing and scary time. During these times, expert legal advice can be crucial to recovery. There are many circumstances that can lead to a case for personal injury, such as a motor vehicle accident, a slip and fall, a dog bite or an injury from a product. In these situations a personal injury lawyer can help navigate the complex legal, medical, and insurance systems.

Helpful Definitions

Negligence

Personal injury law applies when a person acts in a negligent manner and causes harm to another person. Most accidents fall under this category and can result in minor injuries, catastrophic injuries or loss of life. Circumstances include car accidents, dog bites, slip and fall incidents, and medical malpractice.

Intentional

Intentional situations occur when a person’s willful and purposeful behaviour causes harm to another person. This includes assault and battery, false imprisonment, trespassing, fraud, and defamation.

There are few circumstances where a person or entity can be found liable for injuries without any negligent or intentional wrongdoing, for example injuries caused by a defective product.

Damages

Damages are typically a sum of money awarded for a loss or an injury. Damages can be requested as compensation for things like medical expenses, lost wages, pain and suffering, and property damage.

Questions & Answers

At Ross & McBride we strive to answer all of your questions quickly and clearly. If you have a question that we have not answered, please feel free to call or email, we are here to help.

Do I even need a lawyer?


After an accident, it is a confusing and scary time. A good personal injury lawyer will be your best bet to fair compensation. Insurance companies often try to pay as little as possible to settle claims; it is a personal injury lawyer’s job to get you the full amount you deserve. When a personal injury case is settled directly with the insurance company, the result is final. If you speak to the insurance company directly and settle your case, you waive any right to pursue any further compensation. It is in your best interest to speak to a lawyer first.

How long will it take to receive the money?


At Ross & McBride we want to make the process as easy on our clients as possible and take every opportunity to resolve a case as quickly as possible. Settlement meetings directly with an insurance adjuster or opposing council can streamline the process. If liability is disputed or where there are serious injuries or loss of life, a case can be more complex. We try to keep the process as simple as possible for you. We will handle all of your legal issues, so you can just concentrate on recovery.

How long do I have to bring my case?


You should seek legal help as soon as possible after an accident. The province of Ontario has strict time limits on filing personal injury lawsuits. For most personal injury claims, the period to file a claim is two years from the date of the injury, even shorter in some cases.

Do I have to give notive of a claim?


For some reason the answer is YES!  Injuries on side walk and roads and other property of the Government may require through legislation to provide written notice that you intend to make a claim prior to you making the claim. The notice period for making the claim in some instances may be as short as seven days. 

How much will it cost?


In a personal injury case, it can be difficult to predict the many stages and details that may require specialized expertise. It is can be hard for personal injury lawyers to pinpoint the exact cost of their services at the beginning of a case because of the complexities of the system. Many personal injury lawyers will not charge any legal services fees if they don’t recover any compensation. This is done to ensure that all accident victims have access to justice.

What happens if my case has to go to trial?


Every effort should be made to settle a case before it goes to what can be a lengthy and complicated trial. A settlement can be reached even after a trial has started, at any time before a decision is made by the court. The majority of personal injury cases never go to trial, but if a trial is necessary, our team of experienced litigators have the skill and experience to fight for your rightful compensation.

What happens first after I hire a lawyer?


The first steps are settlement discussions or mediation. A mediator is a neutral party, who can help to negotiate a settlement between the two parties. If a settlement is not reached, then a case goes to trial. Our lawyers will always help you to choose the best possible options.

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