Is Hiring a Personal Injury Lawyer Right for You?

Thursday, August 23, 2012

Toronto Lawyers

In today’s society, it is easy to dismiss injuries from accidents or claiming “there is nothing we can do about it”. Unfortunately, many people fail to realize that these injuries may permanently cripple their life and their enjoyment if left untreated. Combined with rising medical costs and expensive treatments, it is virtually impossible to pay for these costs since many injuries are not covered by the provincial or state insurance, popularly known in Ontario as the Ontario Health Insurance Plan (OHIP). The government also cannot compensate for out of pocket expenses, lost earnings and general pain and suffering that an injured person goes through.
What many people don’t know is that injuries caused by accidents can result in possible financial settlement if you find the right legal representative to assist you in claiming damages. At Opara Law PC, as personal injury professionals, we can help you examine to the extent of liabilities from the other party that cause the injury, and further help you reclaim costs from medical expenses, treatments, lost earnings etc. Consider the following points when hiring a personal injury lawyer:

Is your Case Actionable?

One of the first hurdles is knowing whether your case is actionable, that is, whether you can sue or not. Personal injury can cover many different kinds of accidents such as motor vehicle accidents, faulty product injuries, assaults, slip and falls and many more. Most personal injury law is governed by a set of common laws known as torts. Without legal training, it is hard to differentiate which incidents are considered torts and allows victim to claim damages.  Here are a few tips to help you if you are unsure whether your motor vehicle accident, slip and fall, or personal injury is caused by torts:

Intentional Tort – if the injury was caused deliberately by another person, then there is a high possibility that the person doing the harm is liable for damages. There are many intentional torts that cross over to criminal law, hence it is important to know that tort and criminal law are two very different and distinct areas of law. A person who is found “not guilty” in a criminal proceeding may still find themselves in tortuous liability. 

Unintentional Tort– if the injury was caused solely by accident, you will have to consider all the circumstances that led to the accident. If someone was being reckless, it is possible to claim damages for negligence. If the person who did the harm did not safeguard themselves to prevent the accident from happening, that person may be held tortuously liable for the motor vehicle accident, slip and fall or personal injury.

In any case, if you are unsure whether your case is actionable or not, it is better to consult a lawyer. At Opara Law PC, we provide free consultations for all personal injury related matters, including motor vehicle accident, pedestrian accidents, motorcycle accidents, bicycle accidents, long term disability, short term disability, slip and fall, trip and fall, accident benefits claims, home insurance claims, air flight accidents, brain injuries, orthopedic injuries, chronic pain, wrongful dismissal claims, toxic mould exposure, automotive recalls, drug recalls, pharmaceutical warnings, asbestos exposure, mesothelioma, airline warnings, workplace suspensions, among others. As personal injury lawyer, we are skilled and trained professionals in recognizing laws regarding torts generally and personal injury in particular. Therefore, we can help you make the right decisions to address your personal injury concerns. 

Know Your Own Case

After a motor vehicle accident personal injury, it is easy to be confused about what to do. Motor vehicle accidents that lead to long lasting damage, also called catastrophic damages, such as loss of consciousness (coma) or broken limbs can be difficult to forget both physically, psychologically and emotionally. However, it is important to know the details of your personal injury no matter how minor the details may be. Here are some tips to consider when you want know more about your own case along with some sample questions:

Who? – Who are the parties involved in the incident? Is the person you are claiming damages from your employer? Your neighbor? Or someone else entirely? Are you the only person injured? Or were there other parties also injured as well?

What? – What exactly happened at the scene of the accident? What are some possible causes to the accident? 

When? – When did the accident happen? Did it happen at night or daytime? Was it snowing or clear? Was it raining or normal weather?

Where? – Where did the accident happen? Was the place a public or private area? Was the area cordoned off as dangerous? What is the closest intersection to the location? 

Why? -  Why did the accident happen? Was someone being neglectful or negligent of their duty? Did someone forget a particularly safety precaution? Did someone fail to do what they were required to do?

Being Realistic About Cost Recovery

While it is acceptable to be upset or angry at the parties that caused the injuries, it is not acceptable to use the legal system as a means of vengeance. The purpose of claiming damages from the other party is to recover the monetary amounts stemming from medical/treatment expenses, lost earnings and for a certain extent of pain and suffering from the injury. It is inappropriate to ask personal injury lawyers to claim additional damages that are unreasonable, especially if the lawyers have already calculated an amount for the case. Any sort of monetary claim will need to be justified in court and backed up with evidence.  Here is a list of things to consider when calculating the costs:

What is the extent of the injuries? – How much damage did you suffer from the personal injury? Grievous injuries are likely to attract more damages than minor injuries.

How long did it take for recovery AND rehabilitation? – A person may have to go through several months, if not years of recovery to resume their normal activities. It is wise to keep track and anticipate how much time you need to recover. 

How did the accident affect you psychologically? – Injuries (especially catastrophic injuries also called long lasting injuries) can be very traumatic to the personal injury victim or pedestrian. They might suffer from post-traumatic stress disorder or acquire a phobia that can be related to the accident (one frequent example is recurring nightmares for those in serious car accidents and constant headache). It is important to note the state of your mental health. If there has been a recommendation for psychological evaluations, it is possible to claim additional damages for treatment.
Remember that if the claim is too ludicrous or exaggerated, it is possible for the courts to reduce the damages claimed even if the action was successful. On the other hand, the court can deem an unrealistic claim to be vexatious and dismiss the case altogether if it does not appear to have merit. Thus, it is important to be realistic, honest and forthright when calculating damages.

Helping the Lawyer Help You

If you are unsure of anything relating to personal injury, it is always better to ask your lawyer before proceeding to do anything. We are here at Opara Law PC to assist you and answer all your questions. A common misconception for the injured party is to feel entitled to damages. The circumstances leading to the accident plays an important role in determining whether the injured party is entitled to damages and what the amount of the damages should be. An injured party’s carelessness might result in contributory negligence, thereby reducing his recovery or completely shutting them out from recovering damages. Regardless of the sense of entitlement, the most important thing is to be consistent under the law. There are strict procedures that the lawyer must abide by to maximize the chance of success in your case. Even if you know something that might hurt your case, it is better to be candid about your facts and tell your personal injury so that they see what they can do to remedy the situation. At Opara Law PC, we strive to package your case to realize maximum damages for you.  
Ultimately, our personal injury professionals at Opara Law PC are here to help you claim the money that you deserve from your personal injury.  Let us help you better.


Unknown August 24, 2012 at 8:30 PM  

I really think that having expert lawyers are neeed for a successful case for Slip Compensation case. It can be a really tough fight but it could be won.

Manish Kumar August 31, 2012 at 1:08 PM  

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Unknown September 4, 2012 at 9:49 PM  

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StephaniePumphrey September 4, 2012 at 11:08 PM  

The more truthful you are in the initial consultation, the more successful a lawyer will be in settling your claim. He or she wants to know whether any other defendants could be involved in your case, because that will mean you can obtain a bigger settlement. After you have thoroughly explained your side of the story in an initial consultation, a lawyer will step back and analyze the facts of your case.

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Unknown September 18, 2012 at 1:16 AM  

here's a good tip before hiring a personal injury lawyers for your case, check his/her previous cases first, ask his/her previous clients about how he works or maybe try to have the referral service...

Unknown September 19, 2012 at 2:15 PM  

In some cases where injuries and accidents are unavoidable. There's a risk that your employer might fired you and discriminate against you because you suffer an injury on the job and because you reported it. I heard about Toronto personal injury lawyers that their personal injury lawyers are ready and willing to negotiate on any car accidents, personal injuries or slip and fall accidents on your behalf so that a settlement is obtained that is to your utmost advantage.

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Irene Jennings September 25, 2012 at 10:31 PM  

Finding the right personal injury lawyer is a tough task, emotions are flying high, and you do not know where to turn! Good article about the process. Houston DWI

Anonymous,  September 25, 2012 at 11:43 PM  

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Anonymous,  September 25, 2012 at 11:45 PM  
This comment has been removed by a blog administrator.
ropericu September 30, 2012 at 12:35 PM  

Most personal injury cases involve motor vehicle accidents. So if you are injured in a motor vehicle accident, it's crucial to obtain legal advice before making a formal claim to ICBC.
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Unknown October 3, 2012 at 5:26 AM  
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Unknown October 5, 2012 at 10:58 AM  

Your content is very help full for all in case of injured and its benefit. So please tell me how can i get in touch with you ?

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Anonymous,  October 5, 2012 at 11:11 PM  

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Unknown October 8, 2012 at 7:54 AM  

What is the main differences between a Philadelphia personal injury lawyer and a Philadelphia Medical Malpractice Lawyer? Can they both practice the same type of law? I am a little confused on the topic and would like to know because my friend was struck by a post office vehicle and we are trying to figure out which way he should go.

Unknown October 8, 2012 at 10:43 PM  

That is where the problem lies, the clients will have the benifit of the doubt as to what the attorney is really capable of.
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Unknown December 13, 2012 at 9:03 AM  

Hi! Thank you for sharing your thoughts about personal injury lawyer in your area. I am glad to stop by your site and know more about personal injury lawyer. Keep it up! This is a good read. I will be looking forward to visit your page again and for your other posts as well.
In order to practice law in the United States, a personal injury lawyer must pass a written bar examination and, in some cases, a written ethics examination. Bar examinations vary on a state-to-state basis. However, most states require applicants to have completed a four-year college degree and a law degree from an accredited law school (California is one notable exception, but the non-accredited law school must meet certain requirements.)
Income lost because of the injury or your inability to work, and time spent undergoing treatment.

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Personal injuries or slip and fall accidents on your behalf so that a settlement is obtained that is to your utmost advantage.
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tabaco123 December 21, 2012 at 6:48 PM  

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Anonymous,  January 28, 2013 at 2:41 AM  

Giving a brief description about the above topic I can share that it is an very informative article. Of course it is the task of us to determine whether the case is a minor or a major one. A major one includes the hiring of the personal injury lawyer. Further we should go for a No win No fee concept. By this concept we will be benefited also as lose in the case will have no problem of expending any money and a win will deliver all the money to the lawyer from receipts of the losing party. Here the lawyer may charge an excess of money too.
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Unknown January 30, 2013 at 4:25 AM  

You shared really a very helpful post. Most people don't know how to hire an personal injury attorney and where to start from. Your article has got answers to their questions. So many thanks to you for sharing!
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Unknown February 13, 2013 at 3:36 PM  

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Anonymous,  April 15, 2013 at 1:02 AM  
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Anonymous,  April 15, 2013 at 1:05 AM  

Thanks for the information. It is benefit for you to hire a lawyer to know and understand what to do and what to settle in terms of expenses, compensation, etc.

Unknown April 21, 2013 at 7:57 PM  

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Unknown May 22, 2013 at 11:49 AM  

If you want to get compensated properly, then I suggest to get a personal injury attorney right away. Do not let the case get dragged and in the end, you can't get what they really owe you. Just imagine the trauma plus the time that had been wasted because of other people's irresponsible actions.

Unknown June 4, 2013 at 4:39 AM  

I think little by little the reliability of our technology today can help me to fully understand roles and responsibility of a compensation lawyer and how these people can help workers and clients in legal battles and other concerns about their claims.
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Unknown September 24, 2013 at 11:53 PM  

Very informative post! There is a lot of information here.

Unknown November 18, 2013 at 10:50 PM  
This comment has been removed by the author.
Jenni December 21, 2013 at 3:05 AM  

Evidence necessary to assist in your claim may disappear after time and the sooner you obtain an attorney, the stronger the case they can build. Practically speaking, a personal injury lawsuit must comply with applicable statute of limitations. In Florida, most personal injury claims must be filed within 4 years of the incident from which injury arose.
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Unknown February 6, 2014 at 11:06 PM  

Personal Injury Law can be very complex. Choose a lawyer who has experience representing and winning cases similar to yours.


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