When someone sustains an injury the first thing on their mind is their medical treatment. Legal representation is often an after-thought that people stumble through without adequate knowledge of industry norms.
Some people will retain paralegals even when that option may not be in their best interests. Those within the industry speak about members of ethnic communities who hold themselves out as “agents”, gathering cases within the community and referring the cases to lawyers and/or paralegals in exchange for fees.
There are stories of others who agree to pay retainers to lawyers/representatives and/or pay for expert reports when other lawyers might have agreed to fund those things for them.
It is exceedingly important to gather information about injury law in Ontario no matter where you live. Whether you are seeking a Milton injury lawyer, a Whitby injury lawyer, an Ajax injury lawyer, Toronto injury lawyer, etc. the same principles generally apply and you should ensure that you obtain information about standards within the industry before retaining a lawyer. Most lawyers will be willing to meet with you for free to discuss your options and to provide you with general information.
More information can always be obtained online, including on this website. This may provide some fast, easily obtained guidance about the fundamentals, or a second opinion, that might assist you in making the best decision on an issue that will be very important for you in the future. Given that most lawyers offer free consultations, it is generally advisable to contact more than one lawyer to learn your options.
Lawyers who practice car accident, injury and disability law may offer a variety of different types of fee agreements to potential clients. One of the reasons that this is offered is because there is a realization that injury victims often simply cannot pay the hourly rates that lawyers charge. Not all lawyers offer flexible fee arrangements and it is very important that you have a clear understanding of your fee agreement with your lawyer.
In most cases, you will probably have a written agreement with your lawyer that will set out the terms of the agreement. Some people get confused by the term “retainer agreement” thinking that it means that they have to pay something up front. This may be true in some cases, but the term may also simply mean the agreement that you are signing to hire the lawyer.
Some injured victims indicate that they need a pro bono lawyer, since they cannot pay for the services up front. A pro bono lawyer is normally a lawyer who does not charge you anything at all regardless of the outcome of your case – even if you win. This is normally not what injury victims mean when they say that they want a pro bono lawyer.
Many clients also indicate that they require legal aid. The reality is that they may not require that. Some lawyers will agree to take cases on with the agreement that they will simply be paid a percentage of the damages award at the end of the case, and they will receive nothing if they do not win. A “pay a percentage if you win” agreement can be referred to as a contingency fee agreement. There are a number of variations offered by lawyers.Lawyers who practice car accident, injury and disability law may offer a variety of different types of fee agreements to potential clients. One of the reasons that this is offered is because there is a realization that injury victims often simply cannot pay the hourly rates that lawyers charge. Not all lawyers offer flexible fee arrangements and it is very important that you have a clear understanding of your fee agreement with your lawyer.
In most cases, you will probably have a written agreement with your lawyer that will set out the terms of the agreement. Some people get confused by the term “retainer agreement” thinking that it means that they have to pay something up front. This may be true in some cases, but the term may also simply mean the agreement that you are signing to hire the lawyer.
Some injured victims indicate that they need a pro bono lawyer, since they cannot pay for the services up front. A pro bono lawyer is normally a lawyer who does not charge you anything at all regardless of the outcome of your case – even if you win. This is normally not what injury victims mean when they say that they want a pro bono lawyer.
Many clients also indicate that they require legal aid. The reality is that they may not require that. Some lawyers will agree to take cases on with the agreement that they will simply be paid a percentage of the damages award at the end of the case, and they will receive nothing if they do not win. A “pay a percentage if you win” agreement can be referred to as a contingency fee agreement. There are a number of variations offered by lawyers.
That is a difficult question to answer. Ontario’s injury compensation structure is a lot different than some others. In Ontario there is no fixed amount for a particular injury.
There are cases which lawyers and others can look to in order to determine a case’s fair value. However, the exact amount that the case is worth is based on individual factors. For example, if Wayne Gretzky (former professional hockey player) sustained a serious wrist fracture during the height of his career, the case would probably be worth more than if most lawyers suffered the same injury. Other things that might have an influence on the amount would be the amount of pain and disability that the injury causes, the injured person’s age and any other factors that tend to make the injury and its effects worse.
It should also be remembered that, in Canada, there is a cap on the pain and suffering components of awards. The cap was subject to inflation when it was introduced by the Supreme Court in a trilogy of cases in the 1970’s.
In 2008 it is between approximately $300,000 and $350,000.
Remember that this means that a person that sustains the worst possible injuries is limited to claiming that amount for pain and suffering. One rationale for the cap could be that no amount of money can ever truly compensate someone for a severe injury.
Of course, that does not mean that is the maximum total amount that they can claim. An injured person can also claim, in many cases, for other types of damages, including loss of income/loss of competitive advantage, future care costs, etc. These are not subject to a cap in most cases.
If you are considering proceeding with a lawsuit in relation to a dog bite, you will want to choose a lawyer and law firm that is competent to effectively handle the case. When speaking to a lawyer that you are considering hiring you may want to ask the following questions: