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Personal Injury Claims Process

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Personal Injury Claims Process

If you’ve suffered a personal injury, you may be facing significant financial losses as a result. From medical bills to lost wages, if you cannot work, your damages may be mounting. If you’ve been injured as a result of another party’s negligence or wrongful conduct, you may be able to recover compensation for those damages. But the personal injury process isn’t easy to navigate, particularly without the help of an experienced personal injury lawyer.

What Do You Need to Prove in a Personal Injury Claim?

The specific proof required in order to recover compensation will depend on the exact personal injury claim involved, but generally, the two most important things to prove will be liability and damages. Liability refers to the responsibility of the other party for your injuries: it basically shows that the other party breached a duty of reasonable care and directly caused your injuries. In order to recover compensation, you will need to show liability through relevant and convincing evidence in your case.

Damages are the monetary compensation you are seeking, in order to recover for the financial expenses associated with your personal injury. They include compensatory damages or out-of-pocket costs, such as your medical and hospital bills, prescription medication costs, repairs or losses to your personal property, lost wages if you cannot work, and therapy bills, among many other examples. There are also general damages, which can include your pain and suffering, the loss of enjoyment of activities you can no longer engage in, the loss in your future income capacity, and your overall decline in the quality of your life.

What Does the Personal Injury Claim Process Entail?

First, you and your lawyer will need to develop a full understanding of the facts of your case. Your lawyer will investigate the events that led up to your accident, interview witnesses, gather important documents and evidence, and ascertain the value of your damages, including medical bills and other costs associated with your accident.

Generally, a personal injury suit begins with the filing of a statement of claim — first, your lawyer may send a demand to the other party and their insurance company, followed by filing a claim in the appropriate court. The pleadings, which include the plaintiff’s claims and the defendant’s statement of defence, are the official court documents that set out the claims, defences, and damages of the parties. It is essential that you file your claim on time; a failure to do so may mean that the statute of limitations will bar you from being able to recover compensation. For that reason, it is important to consult with a personal injury lawyer as soon as possible after your injury.

Before the trial, negotiations will take place with the other party and their insurer. These negotiations will aim to resolve the lawsuit outside of court, which occurs if the parties can agree to a fair and reasonable settlement. Your lawyer will also conduct discoveries, exchanging pertinent information with the opponent. You may be asked to answer questions under oath, and you may also be asked for certain information in writing from the other side. At this stage, the lawyers may also bring various motions on behalf of their clients, requesting certain resolutions from the court.

If no settlement is reached, and no other resolution is entered, the case will first undergo one last settlement conference and then eventually progress to a trial in court. At trial, the lawyers for both parties will introduce their evidence, call their witnesses to testify, and present their arguments to the judge or jury, who will then deliberate and reach a verdict.

How Can Derek Wilson Personal Injury Law Help with Your Claim?

My team and I handle a wide variety of personal injury cases in Hamilton and the surrounding areas, including motor vehicle accidents, long-term disability matters, wrongful death cases, and many others. When you’ve been through a challenging accident or injury, it’s important to be surrounded by people who have your best interests at heart. With decades of experience in personal injury law, we are here to offer our expert help.

Our firm offers a free initial consultation, and no payments are required until we have successfully recovered money on your behalf. If we aren’t successful, there is no cost. We use a fixed percentage contingency fee agreement with a maximum contingency rate of 33% plus HST based on the total damages recovered.

We will work on your behalf toward a fair and reasonable settlement so that you can work on getting better after your accident. For a free consultation with Ontario personal injury lawyer Derek Wilson, call us at 855-769-0418 or fill out an online request form.

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