When someone is careless and by their carelessness you suffer an injury, the law provides that you can sue that person and recover damages from them. It is important that your consult with a lawyer to ensure you understand how the law protects a person who has been injured and what your rights and obligations are.

There are a variety of ways in which people sustain injuries due to the negligence of another person, including slip and fall, assault, product liability, and malpractice to name a few.  The most common way people are injured today is in car accidents. If the driver of the other vehicle has been negligent, you are entitled to recover from that person an amount of damages which will try and put you in the same position you were before the accident. There are many different types of damages a person can suffer in an accident, but the major types of damages are:

The physical injury itself and the pain and suffering associated with it;

Loss of earnings before and after the settlement;

Expenses incurred before settlement such as prescriptions, repair of physical damage to vehicles, and hospital expenses;

Cost of future care and other such expenses;

Housekeeping services;

Interest.

Your lawyer is responsible for maximizing your claim and making sure you recover all that is supposed to be coming to you. Your lawyer will seek an award of damages for all of the claims you may have.

This issue is at the heart of a personal injury claim and varies from case to case. To get an idea of what damages you may expect to receive for pain and suffering, you should consult with one of our lawyers.

When you are in an accident you should contact your lawyer as soon as is practically possible. Important facts about the accident you were in should be written down and your lawyer will help you focus your thoughts respecting the accident. Witness statements should also be obtained. Further, your lawyer will no doubt advise you to keep a diary of some sort which will document the course of your recovery as well as keep track of expenses you have incurred as a result of the accident, such as prescriptions, medical user fees, and time off work. If you work together with your lawyer, you will play an important role in maximizing your recovery.

An adjuster works for the insurance companies that insure people who are involved in an accident. It is their job to minimize the amount of damages the insurance company has to pay. Your lawyer is hired to work for you, he must not have divided loyalties. It is almost always a good idea to talk to a lawyer before accepting an offer of settlement from an adjuster.

If the lawyer wishes to take on your case, he may either charge you by the hour or charge by way of a contingency fee which basically means that the lawyer collects a percentage of what you eventually receive. If you do not receive anything, then neither does your lawyer, except you must still pay for matters such as photocopies, medical reports and witness fees.

This will depend upon a number of factors, as each case is different in terms of the time it takes to settle. The key fact to remember here is that it takes time and patience to settle a personal injury case and that you should not count on receiving any money until you have the cheque in your hands.

If your lawyer is unable to reach a settlement of your claim with the insurance adjuster, then you will likely have to start a law suit whereby you will sue the person or persons who may be responsible for your injuries. Your lawyer will prepare a document called a Statement of Claim which sets out the facts which make up the basis of your case. After this is issues and served, a lawyer is usually hired to represent the interests of the people you sued and their respective insurance companies. If the matter cannot be settled at this stage, then there are a series of meetings called discoveries where your lawyer and the other lawyer are entitled to ask questions of you and the other parties being sued for the purpose of learning more about the case to decide if it should go to trial, or if a settlement can be reached. If there is still not settlement after the discovery process, then your case is given a date for a Trial by the Court Administrator. The length of the Trial will vary depending upon the complexity of your case, but at the end of the Trial, the Judge who has heard your case will provide a Judgment determining the degree of fault of the other party and the amount of money you are entitled to. If you disagree with the Judgment or the other lawyer disagrees, then the Judgment may be appealed.

Basically you have two years from the date of your accident in which to sue someone. However, depending on your case, there may be other time limits which are much less than two years, which if not met can mean you will not be able to recover any monies. Consulting with your lawyer early is all the more important because of these time limitations. If you consult and hire your lawyer within time then it is his or her responsibility to deal with the time limits.

Just as you should not delay in seeking medical treatment for an injury, you should not delay in seeking legal advice. Bear in mind that the law is there to assist you and that you have a right to make use of it to help you in recovering what you have lost.

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*Registered trade name of Michael J. Dimnik Prof. Corp