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FAQ's

We understand that most people suffering a personal injury have likely never dealt with the complex legal issues that they face, nor have they ever had to contact a lawyer. Below is a series of frequently asked questions that our clients have about personal injury litigation.

Please note that this information is only intended to be informational. It is not legal advice and should not be relied upon as legal advice.

For more in depth information, we encourage you to contact us as soon as possible to set up some time with our lawyers to discuss your case and particular issues. Remember your initial consultation is absolutely free of charge.

Do I Need a Personal Injury Lawyer?

 

When somebody’s actions or inactions have caused you to suffer a personal injury, you should contact a personal injury lawyer. Typically, defendants and/or insurance companies will not have your best interest at heart. The lawyers and Langevin Morris Smith will work with you to ensure you receive fair compensation for your losses.

Particularly where serious injuries are involved, the insurance companies will mobilize quickly to try to build a case to minimize or eliminate your recovery of damages for your injuries. Our lawyers will help you build your case against the defendant and insurance company so that you obtain a fair and just result.

If a defendant or insurance company offers to settle your claim, we highly encourage you to contact us to ensure you are receiving appropriate compensation for your injuries and/or losses. Insurance companies do not typically seek to maximize your compensation. Once you have signed a release, you will likely not be able to re-open your claim to obtain more money in the future. Allow our lawyers the opportunity to review your case and help you decide whether the offer is fair and appropriate.

What Types of Accidents/Insurance Claims Do You Handle?

 

We handle all types of personal injury and insurance claims. The lawyers and Langevin Morris Smith offer you an extensive array of experience and we are ready to work for you. Visit the “Practice Areas” page to see a list of some of the more frequent areas of personal injury and insurance law we handle.

Give us a call and set up your free consultation so that we can help you determine what area of law your case falls within, and how we can help you get the fairest compensation you are entitled too!

What Type of Compensation Am I Entitled To?

 

The lawyers at Langevin Morris Smith recognize that no two clients and no two sets of injuries are the same. We will work on your behalf to help you obtain appropriate and fair compensation that reflects your overall circumstances and injuries.

We cannot guarantee any amount of compensation or the type of damage(s) for which you may be entitled to recover. However, the typical heads of damage that may be considered in personal injury cases include:

  • Pain and suffering,
  • Loss of income (past and future),
  • Loss of earning capacity,
  • Medical/Rehabilitation expenses,
  • Personal care support (attendant care),
  • Property damage,
  • Housekeeping, and
  • Family Law Act claims.

Contact us today so that our lawyers can provide you a free initial consultation to help determine how these heads of damage (or others) may apply to you.

How Much Will It Cost Me to Pursue My Case?

 

In most cases, our lawyers will work on a contingency basis! That means you do not pay us, unless we are successful in settling your matter either through a negotiated settlement or a judgment after trial. When we successfully resolve your matter, we get paid on a percentage of when we recover on your behalf.

We find the contingency process is usually most effective for our clients. Under this system, you do not have to worry about how you will pay your lawyer, and instead can remain focused on your recovery from your injuries.

How Long Will It Take to Finish my Case?

 

The length of time it will take to complete your case and get you your compensation will vary greatly depending on many factors, including: the complexity of your case, the nature of your injuries, the number of parties involved in the accident and court procedures.

Will I Have to go to Court? Will my family have to go to Court with me?

 

Wherever possible, our personal injury lawyers will endeavor to resolve your case without the need of resorting to the formal legal processes of litigation. In some cases, particularly with more serious injuries, there may be little choice but to commence an action (ie. law suit).

However, just because an action has been started still does not necessarily mean that you and/or your family will be required to go to court. There are still a number of opportunities to settle your case prior to trial, including, but not limited to: mediations and pre-trial settlement conferences.

In Ontario, the majority of all action that are started, settle out of court.

Are There Time Limits for Making a Claim?

 

Yes, there are strict time limits for making a claim in any type of personal injury or insurance claim case. What those time limits are depend on a number of factors, including: location of the accident, the type of accident, who is involved (for example there are different limitation/notice periods in accidents involving municipalities compared to private citizens). Some claims require you to take action in as little as seven days from the date of accident. In some cases, there are multiple time limits that must be maintained in pursuing your claim.

The time limits involved in personal injury cases can be quite complex and if you miss a deadline, you may be prohibited from seeking compensation for your injuries and losses, after any accident. After an accident, it is vitally important that you speak with a lawyer as soon as possible to make sure you are aware of your legal rights and what your various time restrictions might be.

Remember the lawyers and Langevin Morris Smith will provide you with a free consultation to review your case and help you identify any time constraints that you must be aware of.

I Was at Fault for My Car Accident. Can I Still Seek Compensation?

 

In a car accident where you are at fault, you will likely not be able to recover any damages from any other parties involved in the collision. However, you may still be entitled to compensation and assistance from your automobile insurance company.

Your automobile insurance (or Accident Benefits Insurance) is responsible for a number of forms of compensation, including, but not limited to: income replacement benefits, medical/rehabilitation benefits and more. Exactly what benefits you are entitled to will depend on your insurance policy and the nature and gravity of your injuries.

We recommend that you speak with one of our personal injury lawyers so that we may be able to assess any claim you may have against your accident benefits insurance provider and help you to make sure you receive the benefits you are entitled too.

Remember, there is no cost for your initial consultation with our lawyers.

I Was Partly Responsible for My Car Accident. Can I Still Seek Compensation for the Injuries I Sustained in the Accident?

 

Yes, even though you may have contributed to the accident and your resulting injuries, you may still be eligible for some form of compensation. In many cases there will be an assessment of your damages (or compensation you are entitled too) and that amount will be reduced by a notional amount representing how much you were at fault for the accident. This is referred to as contributory negligence.

If for example, you were determined to be 40% at fault for the accident, then your damages will be reduced by 40%.

We encourage you to call us today to set up an appointment with our lawyers for your free consultation. We will be please to discussion with you the concept on contributory negligence and how it may or may not affect your claim.

What do I Need to do to Protect My Rights/Build My Case?

 

You should contact our personal injury lawyers as soon as possible after the accident so that we can provide you a free consultation about your potential claim. We can provide you with summary advice about what your particular rights are in your circumstances.

There are a number of things you should start doing immediately after the accident, and continuing until your case has resolved. Those items include, but are not limited to:

  1. Immediately after the accident see your doctor and/or attend the emergency room, if needed. Remember to follow-up with your doctor’s advice and see any specialist he/she recommends.
  2. Notify your own insurance, as soon as possible.
  3. If the police were involved, obtain a copy of any police report and/or contact information from the attending police officer.
  4. If possible, obtain names and contact information of persons involved in the accident and/or any witnesses.
  5. Remember to report to your doctor all of your injuries and symptoms so he/she can ensure you are receiving the most appropriate treatment.
  6. It is a good idea to keep a journal of your health complaints/pain between doctor’s visits.
  7. Take photographs of your injuries, any vehicles involved and the accident scene.
  8. Track all of the medical appointment you attend, with which doctor, on which date and for what issues.
  9. Track all of your out of pocket medical expenses, including: medications, assistive devices, therapies (ie. physical therapy etc.), parking and transportation costs, house keeping costs, personal support worker/care provider(s) etc. Keep your receipts.
  10. Track your time of work as a result of your injuries.
  11. Have your family track how much time they spend caring for you and how much time they were required to take off work to help you.

 

Remember during your free consultation with our personal injuries lawyers we can help you devise strategies to help you build your case and protect your rights. Call us today!