Kitchener Car Accident Lawyer
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ToggleIn Kitchener and the surrounding areas, motor vehicle accidents remain a leading cause of personal injury. If you or a loved one has been injured in a car accident due to another party’s negligence, it’s important to know that you may be entitled to compensation, through your insurance company or through a lawsuit.
At Derek Wilson Injury and Disability Law, we understand the many challenges that come with recovering from an accident. Our team is here to guide you through every step of claiming compensation. With over 30 years of experience handling car accident claims, we provide knowledgeable and compassionate representation, and we always pursue the best possible outcome for your case. Contact us for a free consultation today and let us help you on the road to recovery.
Understanding Personal Injury Law as Related to Car Accidents
Personal injury law in Ontario provides a legal framework for individuals who have suffered injuries due to the negligence of another party. If you’ve been injured in a car accident, you may be able to seek compensation from at-fault parties and their insurers for your medical bills, lost income, pain and suffering, and more.
In Ontario, car accident claims are governed by a no-fault insurance system, which means that your own insurance company will cover some of your immediate costs regardless of who was at fault. However, you may also have the right to seek compensation from the at-fault party for further damages. If you have suffered catastrophic injuries, it can be very important to pursue this additional compensation to make sure you do not have to pay more from your own savings.
Serious injuries like traumatic brain injuries, spinal cord damage, or broken bones can result in long-term consequences that may end up costing more than you expect. This is where a Kitchener car accident lawyer can help—by identifying all potential sources of recovery, ensuring that no aspect of your case is overlooked, and working to maximize your compensation.
Benefits of Hiring a Car Accident Lawyer
Car accident lawyers are experienced in handling the nuances of personal injury law. They understand how to investigate the accident, gather evidence, and determine fault. Crucially, they can also help you avoid common mistakes that could harm your claim.
Insurance companies are profit-driven businesses that may not always have your best interests at heart. A lawyer will handle all communication with the insurance company on your behalf, ensuring that your claim is processed fairly and without delay. They are also equipped to challenge any unjust settlement offers and work to make sure you get the compensation you need to cover your injuries and losses.
After an accident, the last thing you need is the added stress of handling complex legal paperwork and negotiations. A car accident lawyer can take on these responsibilities, allowing you to focus on your physical and emotional recovery.
Choosing the Right Lawyer
The lawyer who handled your friend’s divorce or your family member’s business contract does not always have the skills and experience needed for your Kitchener car accident case. Car accident, motorcycle accident, truck collision, and other traffic crash cases are unique and here’s what you should look for in a personal injury lawyer:
- Relevant experience. You want a lawyer who understands car insurance regulations and personal injury law, which means you are looking for someone with experience specifically with car crashes.
- Client care. The right lawyer should prioritize your well-being, offering personalized attention and compassion. Your lawyer should take the time to listen to your concerns, explain your options clearly, and keep you informed at every step. A serious injury is stressful enough and you don’t want to add to that stress with a lawyer who treats you like a number. Find a lawyer who you would feel comfortable working with for months.
- Negotiation skills. Since many car accident claims are settled through negotiations, it’s important to choose a lawyer who is skilled in negotiation. Look for a lawyer who has a track record of securing settlements for clients, including larger settlements. At the same time, look for someone who is not hesitant to go to court if that is the right course of action.
By taking the time to choose the right lawyer, you’re setting yourself up for a smoother legal process and a better chance at receiving fair compensation.
The Legal Process
The legal process after a car accident actually starts in the immediate moments following your crash. When you avoid getting into a debate about what caused the accident, when you gather evidence, and when you seek medical attention right away you start the process of protecting your rights.
Whether you have been in a car accident, motorcycle crash, truck collision, or any kind of traffic accident, you may want to consult with an experienced Kitchener car accident lawyer as soon as possible after your accident. This way, you can ask questions and get an evaluation of your case.
If you decide to move forward with a claim, in Ontario you may file for Statutory Accident Benefits Schedule through your own insurer. This will cover part of your lost wages and medical costs not covered by OHIP. Your lawyer can help you if your insurance company is not acting in good faith or if you encounter problems with securing your benefits.
Once you’ve hired a lawyer, your lawyer can explain what kinds of benefits and compensation you may qualify for. Your lawyer will also begin investigating the accident to determine fault and gather evidence. This could include collecting police reports, witness statements, surveillance footage, medical records, photographs of the accident scene, and any other relevant information. Your lawyer may also work with investigators and other professionals to uncover what may have caused your traffic accident.
As part of the legal process, your lawyer will negotiate with insurance companies and with at-fault parties, with the goal of getting a settlement. In many cases, the majority of car accident claims are settled out of court. This means that you receive a sum of money and both you and the other parties can walk away from the situation. Once you accept a settlement, you can’t seek additional compensation, so it’s important to make sure any settlement you accept is fair and covers as many of your losses as possible.
After a car accident, you may receive multiple settlement offers as your lawyer negotiates. You may be considering settlement offers even if your case goes to court—all the way up to the verdict. Your lawyer will tell you if any party has made a settlement offer and will review any offers with you. It is ultimately up to you whether to accept an offer or not, but your lawyer can work to ensure you don’t end up getting far less than you deserve.
If a fair settlement cannot be reached, your lawyer may recommend filing a lawsuit against the at-fault party. Your lawyer will be prepared to take your case to court if necessary, and will handle the details of such an action. This includes presenting evidence, questioning witnesses, and making legal arguments to prove the other party’s negligence.
Once the case reaches a resolution—either through a settlement or a court verdict—you will receive compensation for your injuries. Your lawyer will handle the disbursement of the funds. If your lawyer has worked on a contingency fee basis, this is also when they get paid.
Determining Fault and Compensation
In Ontario, fault can be assigned to one or more parties involved in the accident. The at-fault driver is usually determined based on the circumstances of the accident, such as traffic violations, unsafe driving behaviours, or negligence. Evidence such as witness testimony, police reports, traffic camera footage, and accident reconstruction can help establish fault. In cases where liability is unclear or disputed, your lawyer will conduct a thorough investigation to uncover the truth.
Once fault has been established, determining the compensation you are entitled to depends on the severity of your injuries, the costs incurred, and how the accident has impacted your life. In Ontario, you can seek compensation for:
- Medical expenses, including hospital bills, therapy, rehabilitation, and ongoing medical treatment.
- Lost wages from the time you were out of work.
- The physical and emotional pain you have suffered because of your injuries.
- Repairs or replacement of your damaged vehicle and other personal property.
- Expected future lost wages and medical care.
- Losses stemming from the loss of a loved one in a car accident.
- Any additional costs related to your injury.
Some of these are challenging to predict. For example, it can seem difficult to know what dollar value to assign to the loss of a loved one or to emotional pain. In addition, you need to consider inflation and possible future complications when considering long-term costs. An experienced Kitchener accident lawyer has worked on cases similar to yours and knows how to accurately quantify your injury costs. Your lawyer will ensure that all aspects of your damages are thoroughly considered, and they will fight to ensure that you receive the fair compensation you deserve.
Our Expertise and Why You Should Choose Derek Wilson
At Derek Wilson Injury and Disability Law, we have extensive experience handling car accident claims in Kitchener and the surrounding areas. Our focus is ensuring that you receive the maximum compensation possible for your injuries. For us, it’s not just a matter of money. We know that the compensation you receive can directly impact the quality of your life moving forward, which is why we so aggressively pursue every dollar for you.
Our firm’s founder, Derek Wilson, spent ten years at the start of his legal career helping insurance companies defend their cases. He knows how insurance companies think. Today, he uses that knowledge to pursue maximum compensation for your case.
With more than 30 years of experience, he has successfully represented countless clients in car accident cases. Our entire legal team works with Derek Wilson to handle complex claims, whether they involve severe injuries or disputes over fault. Whether you have been in a car accident, bicycle accident, motorcycle accident, or another type of collision, we may be able to help.
At Derek Wilson Injury and Disability Law, we prioritize our clients’ needs above all else. We offer free, no-obligation consultations to discuss your case, and we care about your story and the full impact of the accident on your life.
Whether your case is settled through negotiation or requires litigation, our firm will ensure that all of your damages are accounted for—medical expenses, lost income, pain and suffering, and more. Our goal is to ensure that you are compensated for all the ways the accident has affected your life. Our team will also handle all communication with your insurer, ensuring that your rights are protected and that you are not pressured into accepting an unfair offer.
There’s a lot of hurt after a car accident, and at Derek Wilson Injury and Disability Law we see it as our mission to help heal that hurt. By pursuing fair compensation for you, we ensure you have the financial resources you need to rebuild. By handling all the details of your case, we remove the burden and stress from you, so you can focus on your needs.
At Derek Wilson Injury and Disability Law, we offer a free, no obligation consultation if you’re injured so you can speak to a lawyer with no cost or risk. We also work on a contingency fee basis, so you only pay legal fees if and when we recover compensation for you.
Contact Us for a Free Consultation
Choosing the right lawyer can make all the difference in your car accident claim. The right lawyer isn’t just someone with big billboards and ads in Kitchener. It’s someone with the skills and dedication to act on your behalf. At Derek Wilson Injury and Disability Law, we work tirelessly to secure justice and compensation for you. Contact us today for a free, no obligation consultation to learn more.
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