By Matt Lalande in Car Accidents on April 24, 2022
Thousands of Ontario motorists are injured in traffic accidents every year, leaving many victims with debilitating economic and non-economical life-long injuries. Our car accident lawyers have seen many victims require permanent and ongoing care and, thus, a need for compensation.
For many car accident victims, being involved in a serious car accident is a life-changing experience. Victims of car accidents often suffer a wide array of physical injuries that lead to long-term disability and elevated psychological distress. Many victims are left with extraordinary medical expenses, lost wages and a total and complete loss of enjoyment of life.
If you or a loved one has been involved in a serious car accident you mustn’t try and deal with the situation on your own. Ontario car insurance laws are extremely complex. No-fault benefit laws are also extremely complex, ever-changing and convoluted. It’s also important that you do not speak with any insurance adjusters hired by the at-fault driver’s insurance company. Most importantly, you should never try to negotiate a car accident settlement alone. The implications of doing so can be financially disastrous – and once you sign a full and final release with the insurance company, there is no going back.
If you’ve been involved in a serious car accident and have suffered physical, psychological or cognitive injuries, you must speak to an experienced Hamilton car accident lawyer. Lalande Personal Injury Lawyers have been dedicated to helping car accident victims and their families in Hamilton and across Southern Ontario since 2003.
Hiring a car accident lawyer ensures that a legal professional is ready and able to provide support. It can be reassuring for car accident victims to have someone protecting their best interests and, most importantly, to recover the maximum compensation possible during these challenging times. Remember – you only have one shot at hiring a car accident lawyer, so it’s important to find the right one.
Below is a look at the whys and hows of hiring a car accident lawyer in the Hamilton, Ontario, area.
After a serious car accident, a car accident victim may be dealing with severe and complicated issues. Our Hamilton car accident lawyers have represented claimants with a wide variety of injuries, such as:
Physical injuries: Most car accident victims involved in a serious accident will suffer some form of physical injury, ranging from slight scrapes and bumps to severe trauma. In more serious cases, car accident victims can also develop long-term disability due to their injuries, such as traumatic brain injury (TBI) or some form of paralysis.
If your loved one has suffered severe car accident-related injuries, you must contact our Hamilton car accident lawyers. We will discuss how to proceed with your claim against the at-fault driver that caused your injuries and, more importantly, how to access no-fault benefits under the Accident Benefits law in Ontario. The no-fault benefits provide immediate compensation for medical and rehabilitation needs.
Psychological Injuries and Mental Stress: Serious car accidents, in addition to being a major cause of death and serious injury in Ontario, can sometimes cause or worsen existing psychological conditions. These psychological conditions may include anxiety, depression, anger, grief, guilt, vehicle anxiety or post-traumatic stress disorder (PTSD). Although they may be less visible than physical injury, mental conditions can be equally debilitating and permanently change the life of a car accident victim.
Housekeeping Capacity Losses: If you’ve been hurt in a car accident, you may not be able to participate or contribute to the orderly care of your home as you did before – and the law states that it’s unfair to place all of the work onto others or other family members.
In Ontario, when a car accident victim suffers injuries that would cause them to be unable to perform usual and necessary household work- i.e., where the person has suffered a true loss of capacity- that loss may be compensated. You must speak to our Hamilton car accident lawyers about how to recover compensation for your diminished indoor and outdoor housekeeping capacity.
Wage Losses: What happens if a family breadwinner is suddenly rendered unemployable by an at-fault driver who was drunk or careless? Of all the unfortunate losses that can be caused in a serious car accident, wage or income loss can be the most significant. Once day a person is working and earning money, and the next they are financially destitute, living off the meager income replacement benefit payment of $400.00 per week – a replacement that is less than the Canadian indexed poverty rate.
Financial instability can be a severe stressor for families and can result in psychological injuries, emotional distress and conflict within the family unit. If a person is lucky, they can access their long-term disability policy – but that is not always the case. Income loss claims can be made when serious injuries cause a person to be unemployable, rendered less capable overall from earning income or become less marketable or attractive as an employee due to injury or disability – caused in a car accident.
Your car accident lawyer will help you understand fault and liability: Fault and liability in a car accident case differs from fault in liability concerning criminal charges. Remember, in your civil case, the onus of proving fault and liability lies with the plaintiff – which is you.
If you are the victim of a car accident, your Hamilton car accident lawyer will help ensure that no fault is unfairly placed on you for the event. At-fault drivers may claim that the car accident was not their fault, but a car accident lawyer will help you hold them accountable for their actions by securing evidence of the car accident and proving fault.
Your car accident lawyers will deal with complex insurance issues on your behalf: Insurance companies will always look for a way to minimize or avoid paying out an insurance claim. They hire defence lawyers to defend cases and pay as little as possible – even if the accident was 100% their fault. Most defence lawyers would argue that they are retained to provide reasonable compensation in line with ranges set out by our Courts – but most of the time, they do not take that position.
Insurance companies pay their hourly rate, and they don’t want to lose the insurer as a client. So, they take the hardest position possible to pay the least compensation to an accident victim on a case. You need an experienced car accident lawyer to deal with the complex rules and regulations and no-fault benefits and to deal with insurance adjusters and lawyers who will have adverse positions in terms of liability and, in most cases, compensation.
Car accident lawyers help educate you about the legal system: Many car accident victims will not have the legal experience or knowledge to know how much compensation to seek or what costs to account for. A Hamilton car accident lawyer can help guide you through the complicated legal system and what you should consider when filing a claim.
In Ontario, there are also deductibles associated with the pain and suffering compensation awarded that you may be asked to pay, which can affect the financial compensation you ultimately receive. You need an experienced car accident lawyer who understands the insurance legal system.
Once you’ve decided to hire a car accident lawyer, you’ll notice dozens of lawyers offering car accident services online. Think about the following points as you consider your options:
Try not to hire off the television or billboard. Try first to hire a car accident lawyer through referrals or friends and family. Speak to your inner circle about lawyers they know or have used. Speak to your colleagues at work, neighbours, doctors, real estate agents – anyone you know who can refer you to a local car accident lawyer they know or trust. A referral, for many, is the best compliment.
Look for a local car accident lawyer. It is typically best to hire locally as you’ll have better and easier access to your lawyer. Hire a car accident lawyer that you can visit and meet in person – and sit with to talk about your case. Hire a car accident lawyer within reasonable driving distance to make preparation for events easier.
Also, When you hire a local Hamilton lawyer to represent you, that lawyer is much more likely to have direct working experience with the legal community – meaning the opposing lawyers and the judge who will be hearing your case, as well as local knowledge of any local court rules or procedures.
Hire a lawyer who is an expert in car accidents. You must hire a Hamilton car accident lawyer with experience in litigating car accidents, not someone who dabbles in the area. Car accident litigation is extremely complex, and hiring someone without years of experience, both in and out of the Courtroom, could be disastrous. Remember – you only have one shot at hiring a car accident lawyer. Go with a lawyer who has proven results in achieving favourable outcomes from similar situations.
Is the lawyer you first speak to the one who will be handling your case? At your first meeting, you may be impressed by the experience and knowledge of the lawyer you meet, only to find out later that a different lawyer will handle your case.
Your case may be passed down to paralegals or junior lawyers you might never know or meet. In some cases, with larger firms, your case may be passed on to other associates that you did not meet initially or associates that you do not feel comfortable with. When you speak with a lawyer, make sure they will personally handle your case throughout the entire legal process.
Consult with multiple car accident lawyers. Meeting with at least 2 or 3 different lawyers will allow you to compare your experiences and make an informed decision. There is only one chance to hire a lawyer, so it’s a decision that should not be taken lightly.
Some victims prefer typical lawyers who always wear ties, while some do not. Some victims prefer academic-type lawyers with calm demeanours; some prefer aggressive lawyers. Some victims prefer a lawyer they can talk to, like a friend, while others do not. Everyone is different, and the personality they seek is different. We suggest that you meet a few lawyers and hire the one that, in the end, you feel most comfortable with to represent you.
Ensure you understand the fee structure. Many people struggle with affording quality legal representation, which is why our firm works on a contingency basis. Our Hamilton car accident lawyers do not charge for an initial consultation. Also, our car accident lawyers do not charge our clients out of pocket; instead, we are paid on a contingency basis.
This means that the fees for our services are only paid after we reach a verdict or settlement for our clients, and if we cannot settle, our car accident lawyers will not render you a bill under any circumstances. Contingency fees for car accident lawyers can vary depending on when the case is resolved, although most range between 30% and 33.3%.
Consultation fees. While many car accident lawyers will offer consultations free of charge, this is something you will want to be clear about before booking an appointment. Our car accident lawyers are located in Hamilton, serving victims all over Ontario. We never charge for consultations. We are always happy to meet you and your family, wherever is most convenient, and take all the time you need to answer your questions and concerns about your legal options in regard to your car accident injuries.
There are a few steps you can take and things you can gather when preparing for your consultation to ensure a smooth and productive meeting:
An account of the event: Be prepared to tell the lawyer about the incident in as much detail as possible; dates, times, names, and places will all be relevant to accurately retelling the event. If you could take photos or video of the scene, you should also bring these. If you have a copy of the police report, this is also useful. Most police officers who investigate accidents will deliver a copy of the police report to all motorists involved soon after the investigation.
Medical information and documentation: Prepare information on your physical and mental condition, detailing how your condition has changed since the accident. It’s a good idea that you can have all of your medical information written in bullet point format – including all doctors, clinics, imaging clinics, hospitals, rehab facilities, rehab providers, specialists, pharmacies and anywhere else that you have attended in the 3 years before your accident, to date.
Insurance information: Prepare information about your insurance plan and any communication between you and your insurance provider. It’s a good idea to have your policy information, including your insurance company name (not your broker), policy number, claim number and adjuster contact information for our car accident lawyers.
Employment information: Prepare information about your employment status and financial situation. If you’ve had to take paid leave off of work, be prepared to show documentation that proves this.
Before meeting with your lawyer, take some time to think about any questions or concerns that you have about your car accident. Don’t hesitate to ask questions or present concerns to your car accident lawyer—how they can handle your questions will give you an idea of how they will be able to take care of the rest of your case moving forward.
In Ontario, any vehicle involved in a car accident must remain at the scene for police to arrive. In addition to paramedics and fire rescue, police should be notified if the damage to vehicles involved in the car accident exceeds $2000 or if the other driver may be committing a criminal offence (such as driving under the influence of drugs or alcohol).
Car accidents continue to be common in Ontario and across Canada. Without the support of an experienced car accident lawyer, dealing with insurance companies on your own can be overwhelming and stressful. It can also result in an unsatisfactory result that does not secure the financial support that car accident victims deserve.
Our car accident lawyers have been representing car accident victims since 2003 and are passionate about representing victims. If you’ve been harmed, call us today no matter where you are in Ontario at 1-844-LALANDE or local in the Burlington/ Hamilton / Niagara areas at 905-333-8888 today. Alternatively, you can send us a private email through our website. We would be more than happy to help evaluate your case – for free – and answer ANY questions you may have.
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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.
