If you are injured in an accident that was not your fault, you may be entitled to financial compensation in the country where you live. It is meant to cover, among other things, the financial damages (often referred to as damages).
- Medical bills incurred
- Emotional suffering
- Lost wages
- Mental anguish
- Physical pain
- Loss of support and companionship
- Diminished quality of life
- Disability accommodations for your home and vehicle
Dismemberment, major scarring or deformity, bone fractures, significant impairment or loss of a body organ, and serious injuries like herniated discs that necessitate expensive surgery are all examples of compensable injuries. It's important to keep in mind that you have the right to sue for wrongful death compensation as well.
Personal injuries and other losses can be compensated in two ways under Canadian law. File a claim and work out a settlement, or take your case to court. Are there any major differences?
It's the most evident distinction between the two: You file a claim with the insurance company and try to reach an agreement. Neither the at-fault party nor the insurance company will be involved in the negotiations. A lawsuit, on the other hand, involves bringing a claim against the person at blame (often through the party's insurance company) in order to recover damages.
If you get into an accident and are wounded because of someone else's negligence, you can always file a personal injury claim, but you may not have to file a lawsuit.
You should make your decision about whether or not to file a lawsuit on how serious your injuries are and what caused the accident. Understanding the basics of personal injury litigation and insurance claims will help you determine what is best for your situation.
Before making a choice, you should consult a personal injury lawyers. They'll be able to help you get the most out of the trip. With the help of a lawyer, you may focus on recovering from your injuries while simultaneously increasing your prospects of receiving a fair settlement.
If you're facing charges for a hit-and-run, for example, a criminal defense attorney can help.
An insurance claim for a personal injury
Lawsuits, on the other hand, are much more complicated and time-consuming. What you need to do is:
1. You advise the at-fault party's insurance company/companies that you were engaged in an accident and suffered injuries, and you make a claim to that effect (you could, and should be represented by a lawyer in this and the other steps). A claim must be filed within 24 to 48 hours of the accident, which means you should do this right away. An intentional distortion of the facts could have major legal repercussions, so be truthful when making your claim.
2. After then, the claim will be investigated by the insurer. The investigation includes, among other things, reviewing your medical records, inspecting your personal property to estimate repair costs, interviewing you and witnesses, reviewing police reports and any video or photo evidence of the accident, and returning to the scene to take additional photos and videos.
3. It is then time to send the insurance company a demand letter. This letter outlines the facts of the accident and the injuries sustained, as well as the amount of compensation you believe you are entitled to receive.
4. As a consequence of these investigations and other criteria, the insurance company, represented by an adjuster, will make a determination regarding the validity of your claim (such perceived strength of your case should you file a lawsuit and your perceived resolve to follow through with a lawsuit).
5. If the insurance companies have determined that your claim is legitimate, you and the insurance company will then work out a settlement. Your next step is to either accept or reject the settlement offer.
Personal Injury Lawsuit
Legal action is often taken after an attempt to settle an insurance claims fails to yield a reasonable settlement or no settlement at all (when an insurance company denies liability).
If you have any reason to believe that the insurance company is bargaining in bad faith, you might consider filing a lawsuit. As long as you can prove your claim of "bad faith," you may be able to receive further compensation.
Additionally, if your own insurance company has a policy limit and the extent of your injuries exceeds that limit, you may be able to use the underinsured or uninsured portion of your policy to file a lawsuit on your behalf.
The steps to follow are:
1. After conducting legal research and fact-finding, your lawyer will prepare to file the lawsuit by looking at any necessary papers, gathering names of witnesses, and obtaining your consent to study medical records.
2. "Statement of Claim," a document that initiates the case and outlines the amount of money you're seeking, as well as facts surrounding your accident and injuries.
3. To react to this, a "Statement of Defence" from the defendant (often the insurance company of the at-fault party) is filed.
4. An attorney may draft "The Reply" after this stage, a last plea to the defenses and facts asserted in the statement of defense. This is called "The Reply."
5. The following phase in Ontario is a three-hour mediation, which is mandated. It's possible that this might go on for much longer. A mediator will be assigned to your legal team and the defendant's legal team. Your lawyer will create a concise summary of the case to present to the other party at mediation. You and your legal team will have to attend the mediation.
6. The process of discovery is the next step (called deposition in the U.S.). Sworn affidavits are used to exchange all required documentation. In front of a court reporter, each team's lawyers will interrogate each other under oath about the information they've uncovered during discovery.
When a case goes to trial, a judge or master convenes a pre-trial settlement conference. Additionally, there are "motions" before and during the trial, such as dismissal motions, as well as motions to exclude particular evidence.
7. A judge and a jury will decide the outcome of the trial. Witnesses will be called, questioned, and cross-examined during the trial. Afterward, the jury will decide if the case has merit, and if so, they will make a decision on an award.
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