Is Hiring a Personal Injury Lawyer Right for You?
Thursday, August 23, 2012
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.
