By Matt Lalande in 5 on the Fly, Hamilton Personal Injury Lawyer on July 11, 2023
Navigating the selection of a personal injury lawyer in a time of need can be especially challenging in today’s media-saturated landscape. Many Hamilton personal injury lawyers have TV commercials, advertisements on social media, and billboards along highways, each proclaiming that their law firm is the best choice.
Amidst this barrage of promotional material, it’s hard to determine who you can trust. Without personal referrals or firsthand experiences, separating genuine expertise from mere marketing noise is even harder. That’s why it’s important to arm yourself with the right questions. Asking about success rates, strategies, and past experiences can help you cut through the clutter and identify the lawyer who can truly advocate for you in your journey toward justice.
Remember, you only have one chance to find the right lawyer in a time of need. Below are 5 questions we suggest you always ask when interviewing Hamilton Personal Injury Lawyers to represent you in your case.
When hiring a Hamilton personal injury lawyer in Ontario, particularly for cases involving serious accidents, wrongful death, or disability claims, it’s crucial to understand their specific expertise in these areas. Personal injury law encompasses a broad spectrum, with each area having unique legal intricacies. It is a question you must ask a potential Hamilton personal injury lawyer during your interview.
Why? In Ontario, there are many complex laws and legislation governing many different types of personal injury cases, like slips and falls, serious accidents, wrongful death, and disability claims. Lawyers specializing in personal injury cases must clearly understand all facets of legislation, such as the Family Law Act, the Occupiers Liability Act, the Dog Owners Liability Act and the Statutory Accident Benefits Schedule (SABS), to provide proper and competent representation.
It’s important to remember that if you’re going through a major life-changing event, do not hire a lawyer who “dabbles”; hire a Hamilton personal injury lawyer with experience and expertise in the area of law where you need assistance. The specialized knowledge and experience of a lawyer in these areas go beyond their years in practice.
Their track record, success rates, the verdicts they have obtained, and the average settlements they have managed to secure for their clients are what count. Any Hamilton Personal Injury Lawyer you speak to should be open to sharing this information and providing references from past clients who had similar cases. This will give you a clearer picture of what you might expect from your case and will assist you in choosing the most qualified and experienced personal injury lawyer to represent you in Hamilton.
Most Hamilton personal injury lawyers work on a contingency basis, meaning they only get paid if you recover money. Be sure to understand how this percentage is calculated, whether it’s negotiable, and if you’ll be responsible for any costs if you don’t win your case.
Before speaking to a Hamilton personal injury lawyer, you must understand every facet of contingency fees.
A contingency fee is a payment arrangement that depends on the outcome of a case. In simple terms, a contingency fee means that your attorney doesn’t get paid unless you win your case or get a settlement.
Let’s say you hire a personal injury lawyer to help your loved one with a case after a serious car accident. Instead of paying them upfront or by the hour, you agree to a contingency fee arrangement. If you win your case or get a settlement, your attorney gets a percentage of the money you receive. The rate can vary, but it’s often around 25-30%%.
This arrangement has several benefits:
This is an excellent question with no straightforward answer. In Ontario, the duration of personal injury cases often extends over long periods due to several complex factors. One of the primary reasons is the need to reach “Maximum Medical Recovery” (MMR), or a stable baseline in the injured party’s health condition.
Determining MMR is crucial to ascertain the full extent of the injuries, the potential for future recovery, and the long-term impacts on the victim’s quality of life. This process involves careful monitoring of the patient’s health progress, which takes time. It would be negligent to settle a case early and waste court resources by bringing a case to trial that is not ready.
The complexity of legal procedures, which involve numerous assessments, medical examinations, and the need for expert opinions, also contributes to the length of personal injury cases. Each of these assessments aims to provide a clear and detailed understanding of the injuries sustained, the liability of the involved parties, and the appropriate amount of compensation. The collection, evaluation, and presentation of this evidence, especially when multiple experts are involved, can be lengthy.
The COVID-19 pandemic has also had a substantial impact on the timelines of personal injury cases. The sudden transition to virtual court proceedings and a backlog of cases have resulted in significant court delays. The pandemic has disrupted court schedules and the timeliness of medical treatments and evaluations necessary for personal injury cases.
Other factors that may extend the duration of personal injury cases in Ontario include the negotiation process with insurance companies, who often initially resist paying full compensation, and the readiness of the plaintiff and their attorney to go to trial if a fair settlement cannot be reached. Also, the more severe the injury, the more complicated the case generally becomes, often leading to increased duration.
Our typical case involving a serious injury lasts approximately 2 to 3 years.
Surprisingly, most lawyers do not have trial experience. Without this experience, cases are viewed in a vacuum – meaning they are considered only within the knowledge of what the lawyer knows and practices.
Hiring a Hamilton personal injury lawyer with trial experience can significantly impact the trajectory and outcome of your case. First, an experienced trial lawyer’s reputation often provides leverage during negotiations with insurance companies. When up against a lawyer with a strong track record, insurers are more likely to offer a fair settlement to avoid costly and unpredictable trial outcomes.
Second, these lawyers have in-depth knowledge and expertise in court procedures, evidentiary rules, and case law, which can be pivotal in your case. Their ability to craft compelling arguments and effectively present your case to a judge or jury is invaluable.
Moreover, a lawyer who has frequently been in the courtroom will approach a potential trial with confidence. This assertiveness can positively influence the course of your case, as they are not easily intimidated by opposing counsel or complex court proceedings.
Lastly, trial-experienced lawyers tend to prepare a case from the outset as if it will go to trial. This thoroughness ensures no detail is overlooked and can often lead to more favourable settlements or verdicts. They view the case through the lens of a potential trial, meticulously gathering and analyzing evidence to construct the most robust possible argument for their client.
When you interview Hamilton personal injury lawyers, always ask about trial experience.
Firstly, it’s important to remember that a lawyer’s past success does not guarantee future success. However, asking the Hamilton personal injury lawyer that you interview about their success rate can still provide a multifaceted understanding of their professional capabilities. While there’s never any guarantee, hiring a Hamilton personal injury lawyer with many previous successes maximizes your chances of a favourable outcome.
Firstly, the success rate can clearly indicate an accident lawyer’s experience and skill. Lawyers with a high success rate have often navigated many cases, meaning they have had multiple opportunities to refine their legal knowledge and their ability to apply that knowledge effectively.
This practical experience can also indicate a greater understanding of the complexities of personal injury law and the skill to construct a strong, persuasive case. It suggests they have mastered the ability to scrutinize evidence, negotiate with insurance companies, and present compelling arguments in court if necessary.
However, understanding the lawyer’s success rate should also provide insight into their strategy and approach. It’s essential to inquire about the nature of the cases they have handled and the strategy they employed to win. For instance, lawyers might have a high success rate because they strategically represent ‘easy’ cases or aggressively negotiate for quick, albeit lower, settlements. This approach could work well if your case is straightforward and a quick resolution is your priority.
On the other hand, if your case is more complex, a Hamilton personal injury lawyer with a track record of winning tough cases in court might be more desirable. This would suggest they are not afraid to go the extra mile, thoroughly investigate, prepare meticulously, and litigate intensely on your behalf. Their success rate in such scenarios would reflect their resilience, strategic foresight, and courtroom prowess.
Are you in a time of need, struggling with the aftermath of an injury and needing to speak to a Hamilton personal injury lawyer? We understand that the period following a personal injury can be uncertain, painful, and stressful.
Dealing with the physical and emotional aftermath is challenging enough, let alone navigating the complexities of a personal injury case. That’s why choosing the right lawyer is crucial. We can help.
Lalande Personal Injury Lawyers can provide thorough, compassionate, and effective representation. Remember, a successful resolution to your case can greatly aid your recovery and provide the closure you need to move forward. Allow us to shoulder the legal burden so you can focus on what’s most important – your recovery and well-being. Reach out today, and let us help turn your struggle into a journey towards justice.
Call us local in Southern Ontario at 905-333-8888 or no matter where you are in Ontario, toll free, at 1-844-LALANDE. Alternatively, you can chat with our live website operator 24/7 or fill out a contact form through our website, and someone from our office will get back to you within 24 hours.
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I was a dental hygienist that suffers from really bad scoliosis. My insurance company ignored my doc & cut my benefits off & told me I could do “something”. Matt got me CPP Disability and and LTD settlement – I don’t know what I would have done without him.
My daughter was killed by a drunk driver and it forever changed all of our lives. It seemed that for two years time stopped. This was no an easy journey. Matt let me sit in on the discovery of the driver and boy, he never let up. In the end, our grand-daughter was taken care of and we were compensated for our loss – which we then donated to a cause we believed in.
I call Matt my knight in shining armour. After I was struck by a car while cycling and permanently crippled, he fielded all communications with my especially difficult and downright nasty insurance adjuster. Every step of my care was a battle and I did not have the strength to fight alone.
I lost my leg in a terrible motorcycle accident and Matt help me recover compensation I need because I could not work and the cost of prosthetics and rehab are out of this world. I don’t know what I would have done without him.
My brother ended up paralyzed after a car accident and Lalande did SO MUCH to help get things straight from him getting out of the hospital to all his care for life. We are so grateful for Matt & Heather. I don’t know how my family could have done this without them.
