Why Many Ontario Personal Injury Cases Settle for Too Little

Are You Getting What You Deserve for Your Ottawa Accident Case?

Individuals who have suffered serious personal injury due to an Ontario accident should receive fair compensation for their pain and suffering.  Unfortunately, many personal injury cases settle for much less than they should.  While the law and legal proceedings can be complicated, lengthy and sometimes overwhelming for injured individuals, there is no good reason why
they should not receive the compensation they deserve.  That being said, there are a few reasons why personal injury cases often settle for less.

Lack of Preparation for Examination for Discovery

One of the reasons is that in some cases, clients are not prepared for examination and discovery.  This means that the lawyer has not adequately prepared their client for what will happen and what may be required of them when evidence is presented and when the individual might have to share their side of the story.  Everyone facing a personal injury case should be informed and well-prepared for the process that lay ahead.  Not being adequately prepared can negatively impact the case and result in a lower settlement.

No Review of Your Past Medical History

Often, clients are familiar with their entire past medical history.  It can be easy for someone to forget certain past injuries, illnesses, or medications they were on, and not knowing all of this information can damage a personal injury case.  It is important to get all of your past medical records so that you are up-to-date with what all of your medical records say.  It is important to
be familiar with all of your medical history because past injuries or illnesses or other medical conditions can have an impact on your case and on the compensation you may be entitled to.

Appropriate Expert Reports

Another reason why personal injury cases often settle for less is that some lawyers do not obtain appropriate reports from experts.
If you are facing an injury case you should be confident that your lawyer will do everything required to achieve a successful outcome for your case.  If lawyers fail to prepare or submit all of the necessary reports or even additional reports that would
benefit your case, the outcome is likely not going to be as good as it could have been.

 Settling Too Quickly

And lastly, sometimes cases are settled too quickly when the extent of the individual’s injuries or their future job
prospects are not yet fully known.  It can be tempting to settle a case quickly since you may feel like you just want
to get it over with or you want to save time and money.  While these are important factors to consider, by settling too early, you risk losing the compensation you may otherwise receive.  It is unwise to settle a case before the injuries and job prospects have been adequately assessed.

There is No Substitute for Good Representation

Facing a personal injury case can be daunting but if you work with the right lawyer, you should receive the full amount of compensation you are entitled to.  Be sure to work with a lawyer in whom you have the utmost confidence and who you can trust to adequately represent you.

Does Your Ontario Car Insurance Protect You in a Bike Accident?

Most cyclists probably don’t think about the need for insurance in the event that they get into an accident with a motor vehicle.  In fact, it is very important to have the appropriate automobile insurance if you plan on cycling regularly.  Car insurance is what will protect you if you get into an accident.  This coverage may have to cover all damages related to the accident, including pain and suffering as well as lost wages.  For these reasons, you should ensure that you have the proper car insurance coverage that will protect you if you are injured in an accident with a motor vehicle.

 

It is important that you review your car insurance policy to ensure that you have the right kind of coverage, including accident family endorsement protection.  Don’t just assume that you have “full coverage”.  Carefully look over your insurance policy and speak with your car insurance provider to make sure that you have coverage in the event that you are in an accident with an automobile.  Two kinds of coverage are particularly important to have: liability coverage and statutory accident benefits or no-fault coverage.

 

Liability coverage insures you against any injuries or damages that you cause to another person while in an accident where you are at fault.  MostOntariodrivers have this kind of coverage and the law inOntariorequires drivers to have this coverage with only a minimum limit of $200,000 per accident.  This means that the at-fault driver’s insurance may not cover the cost of all of the injuries inflicted upon the cyclist, if the injuries were severe.  If you are injured as a cyclist, and the at-fault driver’s insurance does not cover the cost of your injuries, your car insurance policy becomes applicable.  For this reason, you want to make sure that you have proper coverage for situations like this.

 

Statutory accident benefits or no-fault coverage is mandatory for all Ontarians with car insurance.  This kind of coverage, also known as SABS or ABS, will cover lost wages and medical expenses, subject to specific limits.  These benefits are available regardless of whether or not you are responsible for the accident, as long as a motor vehicle was involved in the accident.  This kind of coverage means that you can receive immediate medical attention after the accident, without having to wait for the driver’s insurance company to accept liability.

 

Knowing your car insurance policy is important in order to ensure that you are properly protected in the event that you are injured in a motor vehicle accident while cycling.  If you have legal questions about your accident, feel free to contact the personal injury lawyers at Auger Hollingsworth.

Do you need a lawyer after a bicycle accident in Ontario?

If you have been injured in an Ontario bicycle accident, you may want to consider hiring legal representation.  In many instances, injured cyclists are able to file a claim for the injuries they sustained in a bicycle-motor vehicle accident.  Filing a claim can be complicated so having the right lawyer can be a real help to your case.  Before you go through with filing a claim for your injuries, there are a few things you should know.  Having some basic knowledge of the process of filing a claim will help you know how to proceed with your case.

 

One of the things you should be aware of is that there is a designated time period where you can file a claim.  This is called the statute of limitations and it can vary depending on the circumstances of your particular case.  It is important to be aware of the statue of limitations that applies in your case because if it expires, you may not be able to pursue any legal action against the responsible party.  In order to find out the statute of limitations that applies in your case you should speak with a personal injury lawyer.

 

If you are looking to file a claim, you may be wondering from whom you might be able to receive compensation.  If in your accident, the driver of a motor vehicle was at fault, you can receive compensation from them and their insurance companies.  Contrary to what many people may think, you can bring forward a claim even if your accident did not involve a motor vehicle.  Many cycling accidents are caused by things other than motor vehicles and in some instances, individuals can file suit and receive compensation.  For example, if your injuries are due to a bicycle malfunction you may be able to receive compensation from the manufacturer or retailer of your bicycle.  Or, if your injuries are caused by unsafe roads or paths that the province or city is responsible for, you may be able to claim damages from them.

 

In order to understand how these issues apply to your particular case, contact a personal injury lawyer.  While this basic knowledge can help you understand the process of filing a claim a little better, nothing can replace one-on-one conversations with an experienced lawyer such as those at Auger Hollingsworth.

Ottawa Dog Bite Lawyer: What you need to know about Dog Bites

What you should know about dog bite injuries: types and treatment

While many dogs are docile friendly animals, some are more easily provoked and unpredictable.  Every year in Ottawa, we hear about individuals getting injured after an encounter with a dog.  Sometimes such incidents are difficult to avoid if the dog acted spontaneously without any warning.  Other times individuals, either knowingly or not, provoke the animal, or the dog’s owner does not adequately supervise the dog.  In any circumstance, injuries suffered after a dog bite can range from a mere scratch to more serious injuries.  Depending on the circumstances of the incident, you may be able to receive compensation for your injuries.  An Ottawa personal injury lawyer can help you to determine if you have a legal case to pursue for your dog bite injuries.

 

Some of the injuries that can result from a dog attack include the following: punctures, lacerations, tissue loss, abrasions, fractured bones, sprains, scars or infections such as rabies.  These injuries can occur anywhere on a person’s body, but injuries to the face are usually the most severe and require additional medical assessment to see if there is any nerve damage.  If the attack is very serious, the injuries can sometimes result in disability or deformity.  While this may be rare, it is a possibility, so it is very important to seek medical attention as soon as possible after a dog attack.

The treatments for dog bite injuries vary depending on the nature and severity of the injury.  Your doctor will likely perform several assessments in order to determine the nature and seriousness of your injuries.  Most often, individuals suffer from laceration wounds after a dog attack, so your doctor will treat these injuries by cleaning and dressing the wound in order to prevent infection.  You will also likely be asked if you have had a recent tetanus shot, as this is important in preventing rabies.  If you have not recently received a tetanus shot, your physician may decide to administer it.  If it is known that the dog had rabies, you will be treated for this infection.  Your doctor may also order x-rays if a fracture is suspected.  They may also perform tests to determine if any nerve damage occurred.

 

Experiencing a dog attack can be frightening and many individuals are not aware that they can sue, depending on the specific circumstances of the attack.  An experienced Ottawa personal injury lawyer can provide you with the legal assistance you need to determine if you are entitled to compensation.

Burn injuries after an Ottawa accident | Lawyer Ontario

What an Ottawa lawyer can tell you about burn accidents

While burns can be caused by a number of different Ottawa accidents, Ontario personal injury cases most often involve burns incurred during a car accident.  If you have suffered a burn injury due to an Ottawa car accident you may be entitled to compensation.  Burn injuries can have a range of physical effects.  Some are minor and are able to heal completely, while more severe burns can cause permanent scarring.  Like many other kinds of personal injury, burns can result in time off from work and loss of wages, extensive medical treatment and even emotional damage.

 

Burns incurred during a motor vehicle accident can have a few causes.  Faulty equipment, electrical malfunctions, and gasoline leaks can all cause burn injuries.  Whether the vehicle was hit by another car, ran into a tree or building, collided with a larger vehicle such as a train or bus, explosions can occur and often result in severe injury.  The kind of burn and its severity depends on the cause of the accident and how the burn occurred.

 

There are a number of different kinds of burns as well as different degrees of severity.  This information is important in determining if compensation will be granted, and if so, how much.   Most burns from car accidents are thermal or chemical, but the circumstances of your accident and a thorough medical examination will be able to determine the nature of your burns.  The severity of burns includes first, second and third degree.  First degree burns are more minor and are usually mostly on the surface of the skin.  Second degree burns are more serious and often result in blisters and other damage to the skin.  Third degree burns are the most severe and definitely require medical attention because they cause damage to deeper tissue.

 

If you have been burned in an Ottawa car accident you may be entitled to legal compensation for your injuries.  In order to determine if you have a case, speak with an experienced personal injury lawyer such as those at Auger Hollingsworth.  They will be able to go through the details of your case and of your injuries and advise you about where to go from here.

Amputation after an Ottawa accident | Ontario Lawyer

Ottawa Lawyer– Amputations due to an accident in Ontario can occur in two ways.  Some accidents are so severe that the accidental amputation of a limb occurs during the accident.  This is often referred to as traumatic amputation.  On the other hand, some injuries incurred in Ottawa accidents are so severe that medical amputation is required.  While this is certainly rare, amputation can occur in the most serious cases.  Amputation is always the last resort in efforts to medically deal with injuries, but it is important to know some details about the amputation of limbs in the event that you or a loved one finds yourself facing the possibility of amputation.

Amputation is the partial or complete detachment of one’s limb from one’s body.  Whether amputation occurs during a trauma or is done surgically, it is very serious and certainly life-changing.  Medical amputations usually occur because the injury has caused damage to blood vessels and would otherwise cause a serious infection that may become fatal.

Whether amputation occurred during an accident or is done surgically due to an injury suffered in an accident, an individual may be entitled to compensation.  In either case, the accident was the cause of or the reason for the amputation.  The specific details of your case will determine if you have a legal case to pursue.  Amputations usually involve extensive medical care and rehabilitation which can often involve time off from work.  In addition, amputations can cause serious emotional damage which is also considered in determining the possibility of compensation.

While amputation is serious and life-altering, don’t assume that you have to deal with your injury alone.  You may be entitled to financial compensation for your injury so contact a personal injury lawyer who is experienced in cases like yours.  Whether you suffered a traumatic amputation or experienced surgical amputation due to an injury incurred in an accident, the lawyers at Auger Hollingsworth can give you the legal guidance you need to receive compensation for your loss.

If I sign a release after my Ottawa accident, can I still sue?

Ontario Lawyer — If you were involved in an Ottawa accident, you may have heard about a document called release of liability. Signing a release of liability after an Ottawa accident means that you settle your case out of court and that you will be unable to sue for the same accident in the future. A release of liability is usually signed in order to avoid going to court.

In many cases, the person who is not at fault will agree to settle out of court, if a fair settlement is found. When a release of liability is signed, the person who is not at fault receives money and gives up their right to sue. A release of liability is seen as a resolution to the case, since financial compensation is given and the case remains out of the courts.

While a release of liability is often a good way to resolve a personal injury case due to a car accident or slip and fall, there can also be drawbacks and risks. Before signing a release, make sure that you consider all of the pros and cons of doing so. In addition, seeking the advice of a personal injury lawyer will help you to decide if signing a release of liability is the best course of action for your particular case.

Some of the potential drawbacks of signing a release of liability may include:

- the amount of money received may not cover all medical costs
- the settlement may not cover loss of wages
- there is often no recourse available if the injuries are later found to be worse than first diagnosed

The details of your case will determine if these or other drawbacks exist so it is best to speak with a lawyer experienced in dealing with these situations. While you are unable to sue after signing a release of liability, it may be a good option for your case. Before making a decision either way, speak with a personal injury lawyer who can offer you the guidance you need.

Ottawa Lawyer: What does my GAF score mean?

Ottawa Lawyer – If you have suffered an Ottawa accident, you may have been assessed using a GAF score. The GAF score, or Global Assessment of Functioning score, is used to determine an individual’s mental health in terms of their social, psychological and occupational functioning. In personal injury cases, this scale is used by medical professionals to assess an injured person’s mental state. This is important because it can play a role in determining the extent of impact an injury has on a person as well as the degree of compensation an individual receives.

GAF scores operate on a one hundred point scale. Within this scale, there are ranges that designate a person’s level of functioning. For example, someone with a “perfect” score, one between 91 and 100, means that the person has no symptoms, meaning they have no difficulties pursuing day-to-day tasks and can perform a wide range of activities. Someone with mild symptoms would have a score between 61 and 70. A person with this GAF score would likely have some mild symptoms such as minor depression or insomnia or some difficulty with functioning in social or occupational environments. More severe symptoms are categorized by a score below 50 and can involve thoughts of suicide, illogical speech, social or legal deviancy, delusions, hallucinations, and danger to himself/herself or others. There is a wide range of GAF scores and only a professional assessment by a medical doctor will accurately determine an individual’s level of functioning.

The GAF score can be instrumental in determining the cost of medical care and the nature of treatment involved for someone who has suffered a personal injury that has affected their functioning in this way. Legally, it is necessary to determine the extent of an individual’s injuries and sometimes this includes the ways in which their mental health has been affected, before a personal injury case can be resolved. Once we know an individual’s GAF score and understand their level of functioning and how this is related to the accident, we are equipped to assess the legal matters and determine the best course of action. A personal injury lawyer with experience in cases that involve Global Assessments of Functioning can help you with the details of your particular case.

Fatal Accident at Bank and Conroy kills 69 year old woman

Ottawa  Lawyer —The Ottawa personal injury lawyers at our firm regret to announce that a 69-year-old woman died in hospital after her car struck a pick-up truck on Bank Street near the Conroy exit at 12:05 on January 14, 2010.   The woman’s car was making a left hand  onto Bank Street from Kemp Drive when it was struck by the pickup heading south

Will you take my Ottawa accident case on a contingency basis?

Ottawa Lawyer — For many of our Ottawa personal injury clients, we will accept their case on a contingency basis.  Taking a case on contingency means that the lawyer’s fees are contingent (or dependent) on the outcome of the case.  This means that if the client does not recover anything, neither does the lawyer.  If the case is successful and the client receives financial compensation, the lawyer’s fee is calculated as a percentage of the settlement or judgement.

Most of our Ontario personal injury cases are accepted on a contingency basis.  This is what we call our “no fee guarantee”.  If we do not win your case and you do not receive compensation, we do not receive a fee.  Although this is what most clients choose, we will consider working on your case at an hourly rate if that is what you prefer.  This means that we would receive a set fee for every hour we spend working on your case.

Most Ottawa personal injury clients choose the contingency arrangement because they cannot afford to pay a lawyer an hourly rate.  For many individuals, experiencing an accident and suffering an injury are already difficult and often expensive.  Paying a personal injury lawyer an hourly rate is often not practical.  The contingent fee arrangement can work in the interest of the client because they are not required to pay unless they receive a settlement from the insurance company.  You can contact us to discuss your options and to arrange the method of payment you prefer.

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