Making a Personal Injury Claim: How It’s Different From a Lawsuit
Every year thousands of Canadians are injured from vehicle accidents alone. According to Transport Canada, the number of collision related fatalities in 2014 was 1,834. Whereas the number of collision related serious injuries was 9,647; and the total number of collision related injuries was 149,900. Vehicle or non-vehicle related, if you’re injured in an accident it’s important to know your rights.
In Canada, you’re entitled to monetary compensation if you’ve been involved in an accident through no fault of your own. While it cannot erase the situation, it will certainly help make life easier for you and your family. In Ontario, there are two ways to obtain this compensation. Your first option is by making a personal injury claim. Your second option is to file a personal injury lawsuit. Here are the key differences between both methods.
Making a Personal Injury Claim
Making a personal injury claim is one of the first things you should do after an accident. To begin the process, you must submit a formal claim informing the insurance company of your accident and injuries. In Ontario, you have two years from the date of an accident to file a claim. However, some insurance companies demand you file a claim within 24 to 28 hours.
After filing your claim, the insurance company will launch an investigation. This may include reviewing medical records, assessing damages, speaking to witnesses, etc. Through this process the insurance company will determine the merits of your claim. From there the settlement process will begin. The compensation you receive will be based mostly on three aspects. These include out of pocket expenses, lost wages and possibly “general damages” or pain and suffering. This process may require a lot of back and forth and negotiation between you and the insurance company.
Filing a Personal Injury Lawsuit
After an accident that is not your fault, you will always make a personal injury claim but you may not always file a lawsuit. One of the biggest differences is that when you make a claim, the at-fault party is represented by the insurance company. However, when you file a lawsuit, you are suing them directly.
The lawsuit process is a more complex route. Usually you will only consider this after attempts at making a personal injury claim have resulted in low offers. To begin a personal injury lawsuit you must hire a lawyer. Your lawyer will do their research and then draft a “Statement of Claim”. From there the defendant will respond with a “Statement of Defence”. The next step is a three hour mediation, which is mandatory in Ontario. After this comes the discovery, where each team exchanges and examines relevant documents. Before trial a “Settlement Conference” will take place. If there is no settlement agreement, then the trial will begin.
If you’ve been injured in a serious accident it’s important to know your options. At the end of the day, determining which method is right for you will depend on the nature of your accident and the severity of your injuries. As with any legal situation, you should contact a professional before making your decision. Even if the process seems straightforward, an experienced personal injury lawyer will work for you to maximize your settlement. For more information or to talk to a lawyer, set up a consultation today.
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Frequently Asked Questions
How long does a personal injury case typically take?
The duration of a personal injury case typically varies based on factors such as the complexity of the case, the severity of injuries, and negotiations with insurance companies, but it generally takes several months to a few years to resolve.
How much does it cost to hire a car accident lawyer?
The cost of hiring a car accident lawyer varies, but many work on a contingency fee basis, meaning they only get paid if you win your case. Typically, their fees range from 25% to 40% of the settlement amount.
Do I need a lawyer for a personal injury lawsuit?
The necessity of a lawyer for a personal injury lawsuit is significant. Having legal representation can greatly enhance your chances of securing fair compensation and navigating the complexities of the legal process effectively.
What is the statute of limitations for personal injury claims?
The statute of limitations for personal injury claims in Canada typically ranges from two to three years, depending on the province. It is crucial to file your claim within this timeframe to ensure your right to seek compensation.
Can I sue for personal injury if I was partially at fault?
You can sue for personal injury even if you were partially at fault. In Canada, compensation may still be awarded, but it could be reduced based on the percentage of your fault in the incident.
How long does a car accident lawsuit typically take?
The duration of a car accident lawsuit can vary significantly. Typically, it may take anywhere from several months to a few years to reach a resolution, depending on the complexity of the case and whether it goes to trial.
What are the steps to file a car accident lawsuit?
The steps to file a car accident lawsuit include gathering evidence, consulting with a personal injury lawyer, filing a complaint in court, serving the defendant, and engaging in discovery before proceeding to trial or settlement negotiations.
What evidence do I need for a car accident lawsuit?
The evidence needed for a car accident lawsuit includes police reports, witness statements, medical records, photographs of the accident scene, and any relevant insurance documentation. This information helps establish liability and the extent of damages suffered.
How do I know if I have a valid personal injury claim?
The validity of a personal injury claim depends on factors such as negligence, the extent of your injuries, and whether the incident was caused by someone else's actions. Consulting with a legal professional can help assess your specific situation.
What is the average settlement for a personal injury lawsuit?
The average settlement for a personal injury lawsuit varies widely based on factors such as the severity of the injury, medical expenses, and lost wages. Generally, settlements can range from a few thousand to several million dollars.
What is the average settlement for a car accident lawsuit?
The average settlement for a car accident lawsuit varies widely, typically ranging from $15,000 to $100,000, depending on factors such as the severity of injuries, liability, and insurance coverage.
What factors influence the duration of personal injury cases?
The duration of personal injury cases is influenced by several factors, including the complexity of the case, the extent of injuries, the need for expert testimonies, negotiation processes with insurance companies, and court schedules.
How can I reduce legal costs for my case?
Reducing legal costs for your case can be achieved by maintaining clear communication with your lawyer, providing all necessary documentation promptly, and considering alternative dispute resolution methods like mediation.
What are common challenges in personal injury lawsuits?
Common challenges in personal injury lawsuits include gathering sufficient evidence, proving liability, negotiating with insurance companies, and navigating complex legal procedures. These obstacles can significantly impact the timeline and outcome of a case.
What documents are needed for a car accident claim?
The documents needed for a car accident claim include your insurance policy, a police report, medical records, proof of income loss, and any photographs or witness statements related to the accident.
How do I choose the right accident lawyer?
Choosing the right accident lawyer involves evaluating their experience in personal injury cases, understanding their success rate, and ensuring they communicate effectively. Look for a lawyer who specializes in accident claims and offers a free initial consultation.
What are the benefits of settling before trial?
The benefits of settling before trial include faster compensation, reduced legal costs, and the avoidance of the uncertainties and stress associated with a trial. Settlements allow for a more controlled outcome, ensuring that both parties can reach an agreement without lengthy litigation.
How can fault affect my personal injury claim?
The impact of fault on your personal injury claim is significant. If you are found to be partially at fault, your compensation may be reduced proportionately, while proving the other party's fault is essential for maximizing your claim.
What is the difference between claim and lawsuit?
The difference between a claim and a lawsuit lies in their processes: a claim is an initial request for compensation made to an insurance company, while a lawsuit is a formal legal action taken in court when a claim is denied or unresolved.
How are damages calculated in personal injury cases?
The calculation of damages in personal injury cases involves assessing both economic and non-economic losses. Economic damages cover medical expenses and lost wages, while non-economic damages account for pain and suffering, emotional distress, and loss of enjoyment of life.
What types of evidence strengthen a personal injury case?
The types of evidence that strengthen a personal injury case include medical records, accident reports, witness statements, photographs of the scene, and documentation of lost wages. These elements help establish liability and the extent of damages.
What should I do immediately after an accident?
What to do immediately after an accident includes ensuring your safety and that of others, calling emergency services, documenting the scene, and exchanging information with other parties involved. Seeking legal advice is also crucial for your rights and potential claims.
How can witness testimonies impact my case outcome?
Witness testimonies can significantly impact your case outcome by providing credible evidence that supports your claims. Strong witness statements can enhance your argument, potentially leading to higher compensation for your injuries.
What role does insurance play in lawsuit settlements?
The role of insurance in lawsuit settlements is crucial. Insurance companies often cover the costs of claims, facilitating negotiations and settlements between the injured party and the at-fault party, ultimately influencing the compensation received.
How can I expedite my personal injury claim process?
To expedite your personal injury claim process, promptly gather all necessary documentation, communicate effectively with your legal representative, and respond quickly to requests for information. This proactive approach can significantly speed up the resolution of your claim.
What should I include in my initial claim request?
Your initial claim request should include a detailed account of the accident, medical documentation of your injuries, evidence of expenses incurred, and any relevant witness statements to support your case for compensation.
How can pre-existing conditions affect my injury case?
Pre-existing conditions can significantly affect your injury case by complicating the determination of causation and liability. Insurers may argue that your prior health issues contributed to your current injuries, potentially reducing the compensation you receive.
What options do I have if my claim is denied?
If your claim is denied, you have several options. You can request a review of the decision, gather additional evidence to support your case, or seek legal advice to explore the possibility of appealing the denial or pursuing further legal action.
What should I know about comparative negligence laws?
Comparative negligence laws determine how fault is shared among parties in an accident. In Canada, these laws can affect the amount of compensation you receive, as your award may be reduced by your percentage of fault in the incident.
How does mediation work in personal injury disputes?
Mediation in personal injury disputes involves a neutral third party who facilitates communication between the injured party and the insurance company or defendant. This process aims to reach a mutually agreeable settlement without going to court, saving time and legal costs.
