Port Colborne Car Accident Lawyer

If you’ve been in a car accident, truck accident, or any traffic accident in Port Colborne, you will want an experienced Port Colborne car accident lawyer to ensure you get fair compensation for your medical costs. The Ontario system is complex, so contact Derek Wilson Injury and Disability Law for a free consultation today.

Understanding the Law When It Comes to Car Accidents

Ontario operates under a no-fault insurance system, meaning that regardless of who caused your traffic accident, your own insurance company will pay for certain costs related to your injuries and damage.

Insurance will pay benefits under the Statutory Accident Benefits Schedule (SABS), which outlines the specific benefits available to those injured in car accidents. These benefits can cover expenses related to medical treatment, rehabilitation, attendant care, and income replacement, but the extent of your coverage will depend on factors such as the severity of your injuries and your insurance policy.

This system is designed to ensure that you receive timely compensation for things like medical expenses, lost wages, and rehabilitation costs, without having to wait for a court case or settlement.

However, if you suffer serious injuries or if someone else was clearly at fault for the accident, you may have the right to pursue additional compensation through a personal injury lawsuit.

Benefits of Hiring a Car Accident Lawyer

While it’s possible to handle your car accident, truck accident, or motorcycle accident claim on your own, by simply applying for benefits under SABS within seven days of your accident, hiring a qualified car accident lawyer can make a significant difference in the outcome of your case.

In many cases, you can seek fairer compensation through a claim, because the benefits offered under SABS are limited. In addition, when you are talking to your insurance company you may not be clear about what you are entitled to and how much you should be securing in compensation. Your lawyer has worked on cases similar to yours and can protect you from accepting a low offer that doesn’t cover your expenses.

An experienced car accident lawyer knows how to assess the full scope of your damages—including medical costs, rehabilitation, lost wages, and pain and suffering. Their goal is to help you receive the fairest compensation possible, so you can recover and move on with your life. Without a lawyer, you may be aware that the insurance company is making a low offer, but you may not know how to pursue a better settlement.

In fact, insurance companies are known for trying to pressure you into settling quickly for less than your case is worth. A lawyer will handle negotiations on your behalf, ensuring that you don’t settle for less than you deserve. They have the skills to counter the tactics used by insurers to delay or reduce compensation.

While many car accident cases are settled outside of court, there are times when litigation is necessary to secure fair compensation. If your case goes to trial, a lawyer will represent your best interests in court, providing expert testimony, evidence, and legal strategies to support your claim.

In the aftermath of a car accident, dealing with the legalities of your claim can add to your stress. A personal injury lawyer gives you the peace of mind to focus on your recovery, knowing that a professional is handling the legal aspects of your case. They will provide consistent communication, answer your questions, and keep you informed every step of the way.

Choosing the Right Port Colborne Lawyer

Not every lawyer is the same, and not every law firm is right for you. Here are a few key factors to consider when choosing the right lawyer for your case:

• Experience with local car accident cases. Car accident cases require a deep understanding of both the legal and insurance landscapes. It’s important to choose a lawyer who has extensive experience handling cases similar to yours. A lawyer with years of experience will have a proven track record of success and will be well-equipped to navigate the complexities of your case.
• Local knowledge. Port Colborne lawyers will be familiar with regional courts, judges, and any unique aspects of the local legal system that may impact your case. Additionally, they’ll have a better understanding of the insurance companies and health care providers in the area, which can be an asset in building a solid case.
• Personalized attention. Some larger firms may pass your case to less experienced junior lawyers or paralegals. When choosing a lawyer, ensure that they’ll be directly involved in your case, providing the expertise and attention to detail it deserves. You deserve a lawyer who is dedicated to your case and will work closely with you throughout the process.
• Strong communication. Your lawyer should always keep you informed about your case and be available to answer your questions. Good communication is a sign of professionalism, and it is crucial for building trust. Choose a lawyer who takes the time to explain legal terms, processes, and timelines in a way that’s easy to understand. Look for a lawyer you trust and feel comfortable with.
• Happy clients. Look for a lawyer with a proven history of success in personal injury cases. Successful outcomes are a reflection of a lawyer’s knowledge and ability to negotiate favorable settlements or win cases in court. Also look for lawyers who have strong reviews and clients who are happy to recommend them.

How the Process Works

While every case is different, the general steps in the process of filing a lawsuit can include these steps:

• Initial consultation. The first step in the process is to meet with a lawyer for an initial consultation. During this meeting, the lawyer will assess the details of your case, discuss the potential outcomes, and explain how they can help. Many lawyers offer free consultations, which is an excellent opportunity for you to evaluate their expertise and communication style.
• Investigation and evidence gathering. Once you hire a lawyer, they will begin gathering evidence related to your accident or injury. This may include collecting medical records, police reports, witness statements, and other relevant documents. The lawyer may also work with experts, such as medical professionals or accident reconstruction specialists, to build a strong case and to discover what happened to cause the accident.
• Filing the claim. Once the necessary information has been gathered, your lawyer will file your claim with the appropriate insurance companies or, if necessary, file a lawsuit in court. If you are pursuing accident benefits, this may involve submitting a claim to your own insurance provider. For tort claims, your lawyer will file a Statement of Claim in court to begin the legal process.
• Discovery. During this phase, both sides of the case will uncover evidence and share it with each other, helping establish the facts of the case.
• Negotiation and settlement. After the claim is filed and especially during discovery, the insurance company may offer a settlement. Your lawyer will negotiate with the insurance company to ensure that you receive fair compensation for your injuries. A settlement can be a good outcome, since it allows you to secure fair compensation without having to go to court.
• Litigation. If the insurance company does not offer a satisfactory settlement or if liability is disputed, your case may proceed to litigation. This involves presenting your case in front of a judge. During the trial, both sides will present evidence, and the judge will ultimately make a ruling on the case.
• Resolution. Once a settlement is reached or a verdict is delivered, the compensation will be awarded. Your lawyer will ensure that you receive the compensation you are entitled to. If your lawyer has been working on a contingency fee basis, this is where your lawyer will get paid as well.

The entire process can take several months or even years, depending on the case. The unexpected can happen, such as surprises during discovery or the investigation. An experienced Port Colborne car accident lawyer can help you every step of the way.

Fault and Compensation

Ontario has a no-fault insurance system, but determining who is at fault for the accident is essential for claims outside of accident benefits. Fault is determined based on the evidence surrounding the accident. Police reports, witness statements, photographs of the accident scene, and expert testimony can all play a role in determining liability. If one party is found to be at fault, that individual or their insurance company will be responsible for compensating the injured party.

In Ontario, compensation for a car accident injury is available through two primary sources: accident benefits and tort claims. Accident benefits are provided by your own insurance company and can cover medical costs, rehabilitation, and income replacement, regardless of fault. However, if your injuries meet specific legal criteria, you may be able to pursue additional compensation for financial and non-financial damages through a tort claim.

Ontario follows the principle of pure comparative negligence, which means that if you are partially at fault for the accident, you can still seek compensation. However, your compensation may be reduced based on the degree of your fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. It’s essential to have a lawyer who can defend your position and ensure that any reduction in compensation is fair.

Why You Should Choose Derek Wilson

At Derek Wilson Injury and Disability Law, our law firm is headed by me, Derek Wilson. My journey in law has been driven by a deep sense of justice and a commitment to making a real difference in people’s lives. Starting my legal career in 1993, I quickly realized that personal injury law was a calling. It was while working for insurance defense early in my career that I first discovered how crucial it was for individuals to have someone in their corner who understood both the law and the immense personal impact of an injury. I saw up close how large insurance companies fought to deny, delay, and minimize claims. This taught me how to successfully challenge insurance companies on behalf of my clients.

After years spent learning from both sides of the legal equation, I decided to dedicate my practice to representing individuals — the everyday people who need help the most. My firm, Derek Wilson Injury and Disability Law, was founded with one simple purpose: to offer experienced, compassionate legal counsel to clients who have suffered an injury or who have been denied insurance benefits.

When you hire me, you’re not hiring junior staff—you’re hiring a lawyer with over 30 years of experience who personally handles your case. I don’t believe in delegating clients to less experienced lawyers. When you trust your case to me, you can expect direct communication and a level of personalized attention that is rare in today’s legal world.

At Derek Wilson Injury and Disability Law, our team is selective about the number of cases we take on. This ensures that each client receives the focus and dedication they deserve. By managing fewer cases, we can work more closely with each individual, building a relationship based on trust and understanding. This is a crucial part of our philosophy at Derek Wilson Injury and Disability Law: each case is unique, and each client’s needs are a top priority.

Our team works on a contingency fee basis. You don’t pay unless you win—this ensures that everyone, regardless of their financial situation, has access to the legal help they need during a difficult time.

Contact Us for a Free Consultation

If you’ve been injured in a Port Colborne car accident, don’t navigate the legal process alone. Contact Derek Wilson Injury and Disability Law today and schedule a free consultation.