Personal Injury Myths

Fact: Remember that insurance companies are for-profit businesses. A claim from your insurance company is certain to be far less than the amount of your coverage and often less than what you need to offset your expenses. The insurance company has no obligation to inform you of your legal rights and are usually looking out for their own financial best interest. An experienced personal injury lawyer will evaluate your claim and do the proper negotiations with your insurance company, strengthening your case and easing your worry.

Hiring a lawyer is just too expensive.

Fact: Most personal injury lawyers work on a contingency fee basis. This means that they do not get paid until you receive funds from the claim. This is a risk to the lawyer and most lawyers will not take a case unless they are confident that damages will be awarded. Furthermore, more personal injury lawyers in Ontario do not take an upfront retainer.  After an accident, you are dealing with major medical expenses and perhaps loss of income. A lawyer will get the ball rolling to make sure your claim will recompense for these expenses.

I can wait to see if I need a lawyer down the road.

Fact: Ontario allows you up to two years from the time of the incident to file a lawsuit. But there are numerous other timelines and deadlines that go into a personal injury claim. Hiring a lawyer will ensure that your deadlines, which can be vital to your case, will be met. Also, building a case takes time. Compiling evidence necessary to win a case is crucial and begins at the time of the incident. The more time that lapses the more chance that this evidence may disappear. Note: Once you accept insurance money, you forfeit your right to file for the same incident. A personal injury lawyer understands the standards for compensation and will ensure you receive the best settlement possible that can be secured in the unique circumstances of the case.

Personal injury cases are frivolous and litigious.

Fact: The legal recourse of filing a lawsuit is there to protect individuals who have been injured wrongly. In Ontario, there are deterrents that limit the frivolous nature of personal injury claims. For instance,  non-pecuniary damages from a motor vehicle accident must meet financial and injury criteria. When you have a threshold of permanent, serious disfigurement that exceeds a monetary deductible of $30,000, this cannot be considered frivolous by anyone’s definition.

I will need to go to court and “win” my case.

Fact: The percentage of cases that actually go to court is small. Most cases get settled out of court, A lawyer will work toward settling a case and recovering damages without a trial first by means of negotiations and mediation. This is most advantageous for everyone, if possible. It is less about winning and losing than establishing responsibility and determining the suitability of an offer.

When you choose the lawyers at B & P Injury Law Office, you have chosen the most experienced legal advice in Collingwood, North Bay, Sarnia and surrounding areas. For more information on how we can assist you, call us for a free evaluation of your case. Call the team at B & P Law Office to get the compensation you deserve.