What happens once I am discharged from the hospital?
You should contact a lawyer immediately so that your lawyer can ensure that your accident benefit policy (if injured as a result of an automobile accident) is effectively used to pay for a range of services and devices such as in home attendant or nursing care, home accessibility modifications and vehicle modifications, chiropractic, psychological, physiotherapy services; medication; rehabilitative equipment; vocational training. You need a highly qualified Occupational Therapist and/or Case Manager quickly to ensure your rehabilitation is arranged and coordinated and that your home is a safe setting for you to return to. We can help you find one.
Virk Personal Injury Law will come to the hospital prior to your discharge to provide you with your free consultation and take all the time needed to explain your rights and ensure everything is in place for your return home.
Do I have to proceed with the treatment providers that the insurance company has selected for me?
You are allowed to select your own treatment providers to assist you with your recovery. A specialized personal injury lawyer will have a network of qualified health professionals that you can choose from. This is an important decision that you should be involved in since these professionals will be working with you closely and you should feel very comfortable with them.
What are some of the time limits I have to worry about?
The time limits which apply to your case will depend on when and how you suffered your injury. You really should obtain a free consultation with an experienced personal injury lawyer to determine which time limits apply to your case.
Generally, you only have two years from the date of the incident that caused you injury to start a lawsuit.
For car accidents, the following are some deadlines to be mindful of:
Accident Benefits
- Notify your insurer within 7 days of accident (you should consult a lawyer before notifying your insurance company)
- Submit application for benefits within 30 days of receipt
- Mediate denial of any benefit within 2 years of date of denial
Claim against at-fault driver
- Written notice of intention to sue within 120 days of accident (10 days if it involves liability of the municipality)
- Start a lawsuit within 2 years of accident
Virk Personal Injury Law will quickly take the required action to protect your rights including preparing and filing the legal notices and claims required to start the process.
What should I bring to our initial meeting?
Please bring with you any of the following documents that you may have:
- insurance pink slip or certificate
- your driver’s license or other photo ID
- contact information for your insurance company
- the police motor vehicle/ car accident report or occurrence number and any other police documents including the officer’s card if it was provided to you
- photographs of the scene of the accident and your injuries
- an estimate or any appraisal of property damage to your car or vehicle
- record of your salary (pay stubs from your employer, a T4 slip or Canada Revenue Agency Record of Assessment)
- any letters from your insurance company
- any letters you may have received from the other party to the accident
- any medical reports or notes/scripts from your doctor
- a list of your treating physicians and medical specialists you have seen
What if the accident was my fault?
Even if the accident was your fault, you are still entitled to accident benefits. These benefits can be substantial if your injuries are serious.See Accident Benefits
Do I have a claim?
If you are injured in a car accident or in any other injury caused by someone else being at fault, you may have a claim against the person who caused your injury, even if they only did so partially. Even if you were partially at fault, the law will apportion fault between you and the other party and you can still recover based on the other party’s degree of fault.
If you were injured in any of the following ways, call us for a free consultation to explain what happened so that we can accurately assess your case and let you know whether you are entitled to make a claim:
What can I recover?
There are several factors we must consider before we can estimate the value of your case. Generally, if your case involves an automobile accident, there are two ways you can claim for compensation. The first is recovering damages from the person who was at fault for your accident and the second is Accident Benefits which are available to anyone injured in an automobile accident, whether they were a driver, passenger or pedestrian. You can get compensation for your pain and suffering and for the financial losses caused by the accident. Accident benefits can provide immediate payments to replace lost income and fund treatment.
Contact us for a free consultation and we can discuss with you the value of your losses and how best to recover the compensation you deserve.
How much will my lawsuit cost me?
Virk Personal Injury Law works on a “contingency fee” basis which means that you do not pay anything unless we recover money for you in a settlement. When we successfully settle your claim, our legal fees are paid from the amount of your award and are usually a percentage of your award agreed upon beforehand.
Contingency fee arrangements are regulated by the Solicitor’s Act. You can access the regulation here: O. Reg. 563/20
The Law Society of Ontario has prepared a helpful guide of what you need to know about Contingency Fee Agreements, which you can access here: Contingency Fees: What you need to know.
There are various factors considered in determining the percentage that will be charged including the following:
(a) the likelihood of success
(b) time expended by the lawyer;
(c) the nature and legal complexity of the matter at issue;
(d) the results achieved;
(e) the expense and risk assumed by the lawyer, including the risk of non-payment where there is a real risk of an adverse finding on liability in the client’s case.
(f) the amount of the expected recovery; and
(g) whether an award of costs is received.
You will not be charged more than 30% of your award.
Besides your lawyer’s fees, the other cost of your lawsuit is disbursements, which are expenditures, made by your lawyer on your behalf to advance your claim, including court filing fees and the cost of photocopying and medial reports. Your disbursements are typically paid for by the other party or Defendant. If they are not completely covered by the Defendant, they will be deducted off your settlement.
We will explain the terms of the contingency fee agreement with you during your free consultation and in the meantime, take some time to look at the Law Society’s standard form Contingency Fee Agreement.
How long will it take to resolve my claim?
Although the amount of time it will take to resolve your claim depends on the complexity of the issues involved, most serious cases are usually resolved within 2 to 4 years from the date of the injury. Less complicated claims can resolve within 2 years.
Virk Personal Injury Law does everything possible to resolve your claim as quickly as possible while being mindful of what is in your best interest.
What if my injuries prevent me from working?
If you were employed at the time of the accident or if you worked for at least 26 weeks of the year before the accident, you can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 70% of your gross income up to a maximum of $400.00 per week. See the Accident Benefit section for more details.
You may also be entitled to receive short term disability benefits and/or long term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer.
If someone is at-fault for your injuries, we can recover the remaining loss of income in your lawsuit.
Is your question not here? Please contact us to submit your question.
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Ontario Disability Support Program (ODSP)
Canada Pension Disability Benefits (CPP)