Niagara Car Accident Lawyer

Car accidents are not just an unfortunate event — they can be life-altering. In Niagara, as in the rest of Ontario, drivers who are injured in a car accident may have the option of calling police if a criminal action caused their crash. They can also file an insurance claim. If your car accident injuries were caused by someone else’s negligence, you may have the right to pursue compensation for your pain, suffering, and losses.

Should you find yourself in a car accident anywhere in the Niagara region, consult with a Niagara car accident lawyer to explore all your options. You can do so by reaching out to Derek Wilson Injury and Disability Law for a free consultation.

Understanding Personal Injury Law as Related to Car Accidents

In the case of car accidents, personal injury claims typically arise when a driver, passenger, or pedestrian is injured due to another person’s carelessness or recklessness. Some common causes of car accidents in Niagara include distracted driving, speeding, impaired driving, and poor road conditions. When these factors lead to an accident, injured parties can pursue claims against the at-fault party to cover their medical expenses, lost wages, and pain and suffering.

Ontario operates under a no-fault insurance system for truck accidents, car accidents, and motorcycle accidents, meaning that regardless of who caused the accident, each party’s insurance provider will cover a portion of the costs related to medical treatment, rehabilitation, and lost income. However, this doesn’t always fully compensate individuals for all the damages they’ve suffered, which is where pursuing a personal injury lawsuit may come into play. If your injuries are severe and go beyond what your insurance can cover, a personal injury lawyer can help you seek additional compensation from the responsible party.

It’s especially important to seek compensation because vehicle accidents in the Niagara region, including car and motorcycle accidents, regularly lead to life-changing injuries for survivors.  These include head injuries like concussions or traumatic brain injuries, neck and back injuries, broken bones, and soft tissue injuries. Psychological effects, such as anxiety or depression, can also occur.

While OHIP (The Ontario Health Insurance Plan/Assurance-Santé de l’Ontario) will cover your hospital stay, visits with specialists, and other medical expenses, it will not cover physiotherapy, prescription drugs, or eye care or dental care if you’ve sustained facial injuries in the crash. It will not cover property damage or lost wages, either. Working with a Niagara car accident lawyer can help you pursue compensation so you can pay for the losses and costs that OHIP and your insurance don’t cover.

Benefits of Hiring a Car Accident Lawyer

Car accident benefit lawyers are adept in personal injury law and understand Ontario’s no-fault insurance system. They can help you understand your rights and ensure you’re receiving the full compensation you’re entitled to. From filing paperwork to negotiating with insurance adjusters, a lawyer will also take the pressure off your shoulders by ensuring that your claim is mistake-free.

Your lawyer’s main goal is to make sure you get fair compensation. Insurance companies may not always offer the full settlement you deserve. They might downplay the severity of your injuries, use loopholes to minimize your claim, or offer an amount that doesn’t account for long-term recovery needs. A car accident lawyer knows how to evaluate the full extent of your injuries, including future medical expenses and lost income. They can fight for a fair settlement that reflects the true impact of your accident on your life.

It’s also important to remember that car accidents can sometimes involve complicated legal issues. For example, there may be multiple liable parties or your insurance provider may act in bad faith. A Niagara car accident lawyer has likely handled similar challenges and knows what to do, so you don’t have to worry.

Choosing the Right Lawyer

The right lawyer is the difference between a great working relationship and plenty of frustration. When choosing the best lawyer for your car accident claim in Niagara, look for:

• Specialization.  When looking for a lawyer, it’s important to choose one who works in personal injury law, specifically car accident claims. These claims are different from property damage claims or real estate law.
• A strong track record. Look for a lawyer with a strong reputation for success in car accident cases. Ask for testimonials or references from previous clients who have dealt with similar situations. The right lawyer will be transparent about their experience and will have a track record of securing compensation for clients injured in car accidents.
• Clear communication. Choose a lawyer who treats you with respect and empathy, and who can explain complex legal issues clearly. A lawyer who is also easy to reach will make the process much less stressful.
• Lawyers who don’t charge fees until they win. Lawyers who work on a contingency fee basis only get paid if you win your case. This arrangement ensures that your lawyer is fully invested in achieving the best possible outcome for you. It also ensures you won’t have to worry about upfront fees.

Are you looking for a lawyer with all of these traits? If you’ve been injured in a car accident in the Niagara region, contact Derek Wilson Injury and Disability Law for a free consultation to learn more about our law firm and to find out how we go above and beyond for clients.

The Legal Process

While every case is unique, most legal claims in car accident cases begin with a free consultation with a Niagara car accident lawyer. The lawyer will assess your case to determine whether you have a valid claim and what potential legal avenues are available. They will also explain your rights and the likely next steps. This is also your chance to ask questions and to determine whether the lawyer is a good match for you.

Since Ontario operates under a no-fault insurance system, you’ll file a claim with your own insurance company, regardless of who caused the accident. This helps make sure that you receive timely benefits to cover your medical treatment, rehabilitation, and lost income. You will want to review this step with your lawyer.

If you decide to file a claim, your lawyer will investigate the cause of the accident, identify liable parties, and start gathering evidence. They may also consult experts to evaluate the severity of your injuries and how they may impact your future.

Most car accident claims in Niagara are settled through negotiation, and insurance companies will typically try to offer a settlement early in the process. However, these offers often fail to fully cover your losses, especially if your injuries are long-term. A skilled lawyer will negotiate on your behalf to make sure that the settlement reflects the full extent of your damages.

If a fair settlement cannot be reached, your lawyer may recommend filing a lawsuit. This will involve taking your case to court. While most cases are settled before reaching this point, having a lawyer who is ready to go to trial gives you the leverage needed to get the compensation you deserve. Your lawyer will prepare your case, present evidence, and advocate for your best interests in court.

If your case is successfully settled or if the court rules in your favour, you will receive compensation.

Determining Fault and Compensation

In Ontario, accidents can occur due to a variety of reasons, such as negligent driving, distracted driving, impaired driving, or poor road conditions. The first step in determining fault is to gather evidence that shows who was responsible for the crash. This may include:

• Police Reports. Officers who respond to the scene of the accident often provide an initial report indicating who they believe was at fault.
• Witness Testimonies. Eyewitnesses who were present at the scene can provide important details about what occurred before, during, and after the crash.
• Traffic Camera Footage. In some cases, nearby surveillance cameras may capture the accident, helping establish the cause.
• Expert Opinions. Accident reconstruction specialists or medical experts can also provide valuable insights into the cause of the crash, especially in complex cases.

You may be able to recover compensation after a car accident, and your lawyer will help you determine what fair compensation in your case can look like. It is important to work with a lawyer for this, because you may be entitled to more compensation than you initially think. You may be able to recover for:

• Medical costs related to your injury, including medication, rehabilitation, therapy, and medical devices.
• Lost wages.
• Pain and suffering, which compensates you for your distress or a diminished quality of life.
• Property damage, including damage to your car, cell phone, or other property damaged in the crash.

It is important to consider the total costs of your injuries, because insurance companies often try to pay you less than the total costs. While insurance adjusters are often polite and pleasant, the company makes money by paying out less in claims. An experienced Niagara car accident lawyer knows how to fight back, so you get the compensation you deserve.

Why You Should Choose Derek Wilson

At Derek Wilson Injury and Disability Law, our team includes Derek Wilson, a lawyer who began his career in insurance litigation in 1993. This early experience at a Toronto law firm cemented his determination to help clients who had been injured and who had to face large, powerful insurance companies. Today, our team at Derek Wilson Injury and Disability Law works exclusively for injured Ontarians, never for insurance companies.

When you work with Derek Wilson Injury and Disability Law, you work with Derek. We don’t delegate to junior lawyers and we’re happy to take cases on a contingency fee basis to ensure there are no upfront costs for you.

We opened our law firm in 2013 and have steadfastly remained firm in our commitment to the local community and to those who are injured. Our team takes on clients selectively and we have kept our team small to ensure you and your claim always have our dedicated attention. When you contact us, we reply promptly. We get to know you and your needs, so you’re never a number or just a case. Our decision to keep the law firm small has allowed us to make sure we can dedicate ourselves to your case.

We genuinely care about our clients and their best interests. The entire team at Derek Wilson Injury and Disability Law understands that we tend to meet individuals during some of the most vulnerable and difficult times of their lives. We believe it is our mission to support those clients in protecting their future when they can’t do so themselves. We also believe that because individuals come to us at very challenging times, they deserve to be treated with the utmost kindness and care. 

We have seen too many instances of hard-working Ontarians who were given too little by insurance companies. The consequences of not getting fair compensation are devastating. When you don’t get enough to cover your medical bills, car repairs, and other costs, you end up needing to make tough decisions or even do without. We have seen people injured through no fault of their own struggle to pay for prescribed pain medication or physical therapy. We’re determined to make sure that doesn’t happen to you.

Contact Us for a Free Consultation

If you’ve been injured in a car accident, and especially if your injuries are serious, you deserve to have a lawyer look at your case and give you an honest evaluation of how much compensation you may be able to pursue.

Even if you think you will be fine with the amount your insurance company is ready to offer, why not contact Derek Wilson Injury and Disability Law for a free consultation? It costs you nothing and it can give you clarity about your options before you make any decisions that will affect your future.