Everything You Need to Know About Personal Injury Settlements
After an accident, you’re going to be in shock and suffering from pain. Personal injury settlements are likely the last thing on your mind.
In the moment, all you’re really thinking about is your life flashing before your eyes. Even a split second in a minor rear end accident can leave you panicking.
Once the dust has settled, you’ll want to seek justice. But the world of personal injury settlements can get pretty complicated and confusing if you’re trying to figure it out on your own.
That’s why you shouldn’t try it by yourself.
This breakdown will help you with the process so you can understand what you’re going to be going through when you file your personal injury claim.
After the Accident: Evidence, Medical Attention, and Police Reports
Immediately after the accident, the countdown is on to collect evidence and information. You’ll want to make sure you take as many photographs as you can.
We know it can be hard to think about this when you’re in shock from the accident, but it’s extremely important to get photographic evidence.
Keep all of your medical documents, the police reports, and receipts from anything related to your injury. This could include receipts for prescription painkillers, neck braces, or even crutches.
It’s important that you seek medical attention right away. If you wait too long to get your injuries checked out, it’s harder to prove that the symptoms came from the accident. This will likely get you a lower settlement, or none at all.
Hire a Personal Injury Lawyer
A personal injury lawyer is your secret weapon to making sure your personal injury settlement results in what you need.
Don’t try to do this alone.
You’re going up against big insurance companies with teams of expensive lawyers. They are there to protect their own interests, not yours.
When you hire a lawyer you can trust, they’ll advocate on your behalf and fight for your rightful settlement. They’ve done this before and know how these cases work. They are your best bet for success.
Get to Know Personal Injury Law
Personal injury law falls under Canadian tort law. It’s the body of law that governs personal injury claims and allows victims to hold other parties accountable for their injuries.
It’s a branch of private law that lets you seek compensation when someone damages you or your property. Under this law, you have the right to sue.
You also need to be aware of the Ontario Statute of Limitations. Under this legislation, you have 2 years from the date of the incident to file your claim.
It’s best to file as soon as possible to increase the chances of getting your compensation sooner rather than later.
Determine the Compensation for Your Injuries
Your lawyer will sit down with you and determine what compensation you’re entitled to.
This is how you’ll structure your claim that you’ll make in court.
Here are just a few of the possible types of settlements you could potentially claim:
- Economic loss: This is the most common type of settlement. If you claim economic loss, you could be entitled to compensation for lost wages or income both before and after the trial.
- Pain and suffering: Compensation that is awarded to those who have suffered serious injuries. These are injuries that impair you either physically or mentally, or limit your ability to work.
- Health care expenses: This settlement provides compensation for medical bills and funds you’ve had to pay in health care for your injury.
- Loss of guardianship, companionship, or care: For families who have wrongfully lost a loved one, this settlement provides compensation.
Any time you make a claim for pain and suffering, especially from a car accident, you’ll have to meet the verbal threshold. This refers to the severity of your injury.
Since pain and suffering isn’t an economic loss, you have to prove that your injury is serious or permanent. It essentially has to impair important mental or physical functions. If the impaired function is serious enough, your case will be considered.
Your Payment Options
There are a few different types of settlement and compensation structures you could be eligible for after you win your claim.
An interim payment is actually a portion of your settlement that’s paid out to you in advance.
If it looks like the case is strongly in your favour and your odds of winning are high, you could qualify. That means either the defendant has openly admitted that they’re at fault in some degree, or your injuries are extremely severe.
Sometimes, victims are more likely to settle for a lower amount to get the process over faster. Interim payments can help you avoid settling for less than you deserve.
You could also choose a structured settlement or a lump sum payment.
A structured settlement occurs when your compensation is paid out to you over time. You have options for how long the time period is, but it has to be at least 5 years.
Lump sum payments are when your compensation is given to you all at once, in full.
Talk to your lawyer to figure out the best route for your situation. Everyone’s situation is different, so what works for someone else might not work for you. Either way, you do have the choice, and with the right legal advice you’ll be able to make the best decision you can.
Conte Jaswal Will Help You Through Your Personal Injury Settlement
You are not alone. Conte Jaswal is here to help make sure no one takes advantage of you in your time of need.
Our experienced team of personal injury lawyers works with the best professionals in Ontario to build the strongest case for you. We’re empathetic to your suffering and won’t stop until you get everything you need.
We will fight for you and make sure you get the resources and compensation you deserve to move on with your life.
Contact Conte Jaswal now to set up a free, no-obligation consultation. We’ll help you through this process and get started on your personal injury claim.