Answers to 7 Questions Accident Victims Must Know

Misconception #1: Upfront fees are required before a lawyer will pursue my claim.

False. Most personal injury lawyers will take most injury suits for a contingency fee. This means we get paid out of the money we recover for you. If you collect nothing, you pay no lawyer's fee. Most lawyers you retain will not charge a fee until there is a settlement and funds are recovered.

MISCONCEPTION #2: I'll have to go to court to get what my case is worth.

False. Most injury cases are settled before the case goes to court. Usually, if the insurer sees you and your counsel are prepared to litigate, the insurer will start to make better settlement proposals. If we don't like the first offer, we make a counteroffer. Negotiations may continue until both sides agree on a certain amount. In most cases, injury claims don't require a court trial.

MISCONCEPTION #3: I have to accept what my lawyer tells me.

False. Anytime you feel confused -- anytime you don't understand what's going on -- you're entitled to and should get a second opinion. In the field of medicine, if your doctor suggests major surgery, you know it's wise to get a second opinion. Likewise, anytime you speak with one lawyer, you're perfectly free to confirm his/her advice by seeking a second opinion from another lawyer.

MISCONCEPTION #4: Once I settle my claim, I can get more money in the future if I have additional medical bills.

False. Usually, once your claim is settled, it is over.

MISCONCEPTION #5: My accident was over a year ago, I will never be able to collect all the information and evidence I need to obtain fair compensation. It is too late for my case.

False. Certainly, the earlier you start work on your claim, the easier it is to collect information. However, as long as the limitation period for your claim has not expired, there is still time to make a claim. A skilled personal injury lawyer will be able to compensate for the elapsed time, using experienced investigators to pull together the information required. A lawyer will also tell you what the deadline date is for starting your case.

MISCONCEPTION #6: A law suit must be filed within a year.

Probably false. This can be a difficult question to answer. In Ontario, in most personal injuries cases, you have two years to file a lawsuit to protect your rights. However, there are cost penalties if you don't give notice within a shorter time frame.

Plus, if your claim is against a governmental entity (such as a city or the province), you may have only 10 days to protect your rights to make a claim, even if you are injured!

It is important that you know your rights. Otherwise, you may lose your right to bring a claim for your injuries and damages. Seek advice from a personal injury lawyer to identify the time limits.

MISCONCEPTION #7 If I am partly at fault for causing the accident, I am not entitled to any money.

False. Money is available to almost all injured accident victims in Ontario who have insurance, regardless of fault. The amounts for an "at fault" driver who is catastrophically injured can equal a million dollars or more.

Located in Ottawa, Richard Auger and Brenda Hollingsworth represent accident victims claiming compensation for their injuries. They have written "An Injured Victim's Guide to Fair Compensation" which is offered free upon request. Contact www.ottawalawfirm.ca ; info@ottawalawfirm.ca or call 613.233.4529.

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