Main office: 619 Brock Street South, Whitby, Ontario, L1N 4L1.
Satellite office: 302-1315 Pickering Parkway, ON L1V 7G5
Call for a free consultation: 905-409-2438

Do I Have Grounds for a Personal Injury Claim?

Feb. 27, 2017 - in Personal Injury

There is no doubt that you have sustained an injury. What remains to be determined is whether another party is responsible for that injury. Your best bet is to secure a personal injury lawyer who can help you determine if there are grounds for filing a suit, and what form that suit will take.

Evaluating the Sequence of Events

Lawyers who handle injury cases understand the need to understand the specifics of every situation. This means taking a hard look at the events leading up to the injury, what took place as the injury was sustained, and even the series of events immediately following the injury. Rest assured, a lawyer seeks these facts in order to provide you with advice that is solidly based on your situation and how it applies to the law and past legal precedents.

Should the results of this evaluation reveal that another party is responsible for your injuries, you do have a case. What now must be decided is how the case will be pursued.

The Damage You Sustained

With negligence confirmed, the next step is to assess the damage that resulted. Car accident lawyers and other types of personal injury lawyers do know what types of damages are recognized by the court. These include but are not limited to:

  • Loss of income due to an inability to work while recovering
  • Debt due to emergency room and other hospital-related treatments
  • Diminished quality of life up to and including loss of companionship or physical disfigurement
  • Emotional illnesses such as depression or anxiety disorders related to the injury
  • Permanent disability

Your lawyer can help you identify each type of damage relevant to your situation. Documentation from medical professionals serve as evidence of that damage. If you wish to pursue the case, your lawyer can provide a general idea of what could happen in terms of being offered a settlement or going through the courts in hopes of receiving a favourable judgment.

What if the Other Party Wants to Settle?

Settling with the responsible party can occur before a suit is filed, after the filing prior to the case going to court, and even while the case is in court but before a judgment is rendered. It’s not unusual for responsible parties to seek a settlement through a mediator. If that’s the case, your lawyer must be present in order to protect your interests.

In the best-case-scenario, the negotiations will move forward smoothly. There will be no question about the validity of the claim or any attempts to question the findings of your medical team. The value to the responsible party is that having to incur court costs is taken off the table. While there is still the need to provide compensation for your injuries, that party does come out ahead financially in the long run by avoiding any additional fines, penalties, and expenses associated with a verdict handed down by the court.

Should you sustain an injury due to the actions or negligence of another party, you do not have to face the future alone or deal with crushing debt because you can’t work. Personal injury and disability lawyers can assess your case and provide the counsel needed to make an informed decision about seeking damages. Contact Lerners Lawyers and arrange to speak with a personal injury lawyer in Ajax or all other surrounding areas. The matter could be resolved faster and easier than you realize.