Category: FAQ

What kinds of accidents and injuries can a personal injury lawyer in Mississauga help me with?

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A personal injury lawyer in Mississauga can help their clients to receive compensation and benefits for a wide variety of accidents and injuries. If you’ve been injured because of someone else’s negligence, it is important that you get the compensation that you are entitled to.

The following are just a few areas where a personal injury lawyer in Mississauga can help.

Motor Vehicle Accidents

Every day people are injured or become disabled as the result of a motor vehicle accident. Accidents occurring with cars, trucks, motorcycles – even accidents involving pedestrians must often be settled with the help of a personal injury lawyer.

Some of the legal steps that may be taken in these cases are filing a claim with your insurance company, as well as potentially suing the at-fault driver or drivers.

Serious Injuries and Disability Claims

Whether your disability insurance is through your work or whether you own your personal policy, the reason for your policy is that you have the help you need when you need it. However, disability claims can often be confusing, and they don’t always pay out when you expect them to.

Your personal injury lawyer can deal with the insurance company on your behalf to make sure that you get the benefits you’ve been paying for all these years.

Trip or Slip and Falls

If you’ve been injured from a slip and fall because someone failed to properly maintain the property, your personal injury lawyer can give you the advice you need and help you proceed with legal action if necessary.

Product Liability

Some injuries are the result of faulty or defective products. In these cases, the liability falls with the manufacturer.

Going after a large corporation or other business can seem like a daunting task. But if you’ve been injured, you deserve to be compensated. Your personal injury lawyer can help to recover the financial assistance that you need to ease the burden of your injury and to help you get your life back on track.

Wrongfully Denied Insurance Claims

If you’ve been denied an insurance claim, your personal injury lawyer may be able to help. Your lawyer will carefully review the terms of your insurance contract to help determine whether or not the insurance company was justified in denying your claim.

If the insurance company was not justified, your lawyer can deal with the insurance company on your behalf and if necessary initiate legal action in order to help you get your claim.

Fatality or Wrongful Death

If you’ve lost an immediate family member because of someone else’s negligence, it can be an extremely painful time. Unfortunately, many in this situation are not only dealing with the grief of their loss but also with the financial burden of medical and funeral costs – not to mention the lost income of a person who may have been a breadwinner for the family.

While no amount of legal action can replace the person that you lost, having a good lawyer on your side can at least help you relieve some of the financial pain associated with your loss.

Any other act of negligence that results in injury or disability

Additionally, there are many other acts of negligence that may result in a personal injury. If you’ve become the victim of someone’s negligence, speak with a personal injury lawyer today to find out how they can help.

How can I afford a top personal injury lawyer?

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For Ontarians or Toronto residents dealing with serious injuries, it is important to seek out the top personal injury lawyer to ensure that they get the compensation to which they are entitled. Unfortunately, many people to not seek out the assistance that they really need because they are afraid that they won’t be able to afford one of Toronto’s top injury lawyers. Conveniently, the firm of Clarke Law maintains satellite offices throughout Ontario from Whitby, to Toronto, to Mississauga, Oakville and Hamilton to ensure that we close by to our clients.

At Clarke Law, we believe that if you were injured in an accident, you deserve to get compensated. That’s why we make it possible for you to afford and have access to a personal injury lawyer.

The Initial Consultation is Free

Most of our clients have never had to hire a personal injury lawyer before so they don’t know at the start what to expect. They don’t necessarily know what is considered fair compensation and they don’t know all of the sources they can go to in order to seek compensation. In truth, many of them do not even know if they have a case.

Because there are so many unknowns at the beginning, we offer free no-obligation consultations. After the consultation, you’ll have a good idea of what your rights are and what compensation you should be seeking. If you decide to go ahead with our firm, that’s great. If not, you are under no obligation and you can at least feel confident that you are more knowledgeable about what can be done in your case.

Do Not Pay Until We Win Your Case

Many of the top personal injury lawyers in Toronto, including Clarke Law, do not require payment until they have successfully concluded your case and helped you to get compensation for your injuries. The fees are based on a percentage of the benefits recovered (approximately 25%).

Payment is generally not required up front, because lawyers understand that if you’ve been the victim of someone’s negligence, chances are you are already dealing with significant financial pressures. Many clients have had to take time off work and some of them may not be able to return to their former occupation. All of our clients have additional expenses that they would not have had were it not for their injury. Being injured is stressful enough – worrying about how to pay your lawyer should not be added to your list of stressors.

You Can Not Afford NOT To Hire a Personal Injury Lawyer

The job of your lawyer is to get you the compensation that you are entitled to. As mentioned, when you become injured, there are significant financial pressures that go along with that. Ensuring that you are appropriately compensated can help to ease those pressures.

Additionally, there are likely many sources of benefits and compensation where you can seek financial relief – but these can only help you if you are aware of them. Your personal injury lawyer will review all possible sources of compensation for you and pursue all the ones that apply in your case. The goal is to get you the maximum amount of money that you are entitled to.

Without the help of a lawyer, you are likely to get only a fraction of the possible amount.

When you’ve been injured, you need one of the top personal injury lawyers in Toronto. And when you realize how the fees work and the services provided, you’ll understand that you really can afford it!

May I still sue if I am involved in a car accident and either myself or the other driver did not have insurance?

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Driving without insurance is illegal in Ontario and for good reason! When someone gets behind the wheel of a car knowing that they are not insured, and an accident happens, they are not favoured by personal injury law.

Nevertheless, it is still important to get the assistance of a personal injury lawyer.

Question: What if I don’t have insurance?

You may be eligible to receive Statutory Accident Benefits including the benefits such as rehabilitation expenses. You will need to consult with a lawyer who is well versed in personal injury law to know for sure what you are entitled to.

Question: What if the at-fault driver was not insured?

According to Ontario law, if you were injured by an uninsured driver, you may collect compensation from your own insurance company. You do not have to be without help or benefits simply because someone else was careless and drove without the proper insurance. You will also be able to sue the at-fault driver by including your insurance company in the court action under the OPCF protection provision of the Standard Auto Insurance Contract. You should contact a personal injury lawyer as soon as possible and he or she will review your case with you to determine what damages you should sue for.

Question: What if neither driver was insured?

It would be a rare case for an accident to occur without at least one of the drivers being insured. Nevertheless, it is possible, and accident claims and injury compensation can be paid by the government in this type of situation.

Like the previous case where only the at-fault driver was uninsured, in this situation you will have to initiate a lawsuit before any compensation can be claimed. You should speak to your personal injury lawyer as soon as possible to determine if you can institute a claim and what should be the next steps.

Question: I’m afraid to start a lawsuit because I was driving without insurance?

If you’ve been injured while driving without insurance, you may be hesitant to initiate a claim or sue for damages because you fear the repercussions of the fact that you were breaking the law by driving without insurance.

While there little no doubt, that this can have a negative impact on your case, and there may be consequences for your actions, there are still some good reasons why you might want to consider consulting a personal injury lawyer anyway. Here are a few of them:

  • The other driver may have been injured and is also contacting a personal injury lawyer. If this is the case, it will quickly become known that you were driving without insurance anyway.
  • The cost of going without the benefits that you need to recover may be greater than the consequences of driving without insurance. This is especially true if the injury is serious and results in lost income.
  • Your personal injury lawyer can speak to other parties on your behalf. At this confusing time, it is better to rely on a professional who understands personal injury law, than to try to work with other parties on your own.

If you’ve been injured while driving without insurance, or if you’ve been injured by someone else who has, that should not stop you from getting the legal help you need to get the benefits to help you recover.

I’ve been injured by a defective product. Can you help me?

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Every day we rely on a wide variety of products to make our lives better. From food, to vehicles, to cleaning products and pharmaceuticals – there are so many products which help us and make life more convenient. We trust that these products are going to be safe for us to use and not cause us personal injury or adverse effects.

Unfortunately, this is not always the case. When defective, faulty or dangerous products are sold on the marketplace, they can cause serious personal injury or even death.

Question: Who is at fault?

Manufacturers of product carry a responsibility to follow all government regulations and provide products that are safe for the consumer. When harm results from the normal use of their product, the manufacturer is liable.

If you or a loved one has been harmed by a faulty or defective product, you may be entitled to compensation.

Question: What constitutes negligence?

Personal injury or death due to a product may be the result of a number of defects – all of which are considered negligence in personal injury law.

  • Design Defect – something in the design of the product itself that causes unnecessary danger or risk to the consumer.
  • Manufacturing Defect – an error made during the manufacturing process which causes unnecessary danger or risk to the consumer.
  • Marketing Defect – An error in the way marketing or instructional materials are written which causes unnecessary danger or risk to the consumer.

Question: What to do if you’ve been injured?

If you or a loved one has been injured by a product due to any of the above acts of negligence, it is important to contact a personal injury lawyer right away.

If you are unable to come into one of our offices due to the nature of your injuries, a member of the Clarke Law team will be happy to come and visit you at your home or in the hospital for a free no-obligation initial consultation.Your personal injury lawyer can help to make you aware of your rights and what you can reasonably expect in terms of the legal process and in terms of compensation.

Question: Why seek compensation?

If you’re already dealing with a serious injury due to the use of a product, you may not feel you have the strength or the energy to pursue compensation through the legal system.

But dealing with a personal injury can be very expensive for the victim. Financial impacts may include lost income because of time off work, medical expenses, as well as other necessary expenses while you are recovering.

It is important to receive all the compensation that you are entitled to so that your injury does not jeopardize your financial future.

Another reason why it may be worth bringing a claim is to make sure the product manufacturer is penalized for the damage they caused to you – which will hopefully help to stop the same type of injury from happening to others.

If a defective product has caused personal injury to you or a loved one, there is help available. Contact the professionals at Clarke Law today to schedule your free consultation.

Can an injury lawyer help me with a fatality (wrongful death) case?

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Coping with the loss of a loved one is always tough. But when someone you love is taken from you prematurely through someone else’s negligence, it can be especially difficult. An injury lawyer can help you during this difficult time to recover compensation for your loss to help offset the financial strain that your loss had on your family.

Question: What is wrongful death?

Fatality (wrongful death) is when death occurs as a result of someone else’s negligence. A car crash, medical malpractice, or a fatal accident on someone’s property due to negligence can all qualify. Even in the case of manslaughter, there may be a case for a wrongful death suit.

Question: Who may make a wrongful death claim?

In cases of wrongful death, the only ones eligible to make a claim are the immediate family members of the person who died – that is, the spouse and children. It is the spouse and children who usually suffer the greatest financial impact when a wrongful death occurs. This impact may include the loss of vital income, medical expenses, grief counselling or the need to hire additional help such as child care.

Because this is a very difficult and painful experience for families, it is important that they work with a personal injury lawyer who is sympathetic to their situation and who is able to secure the compensation that they are eligible for.While no amount of money can replace the person that they lost, a successful wrongful death claim can at least ensure they do not suffer further financial hardship as a result of their loss.

Question: What can be included in a wrongful death claim?

An injury lawyer can help you determine what you may be eligible to sue for in a wrongful death claim. Below is outlined some of the possible compensation:

  • Loss of future economic support – when you lose a spouse or parent, you don’t only have a sudden loss of their current income, but you also lose much of their potential future income and support. The younger the person who died, the more potential economic support there is to be lost. This can have a substantial impact on potential savings for retirement and education.
  • Loss of potential inheritance – again, the younger the person who dies, the potential negative impact there is to future inheritance.
  • Medical expenses – Very often in wrongful death cases, the death was not immediate. Substantial medical bills may have accumulated, leaving the family not only dealing with the devastation of their loss, but also with overwhelming bills for medical care.
  • Funeral expenses – funeral expenses may also be recovered in wrongful death cases.
  • Loss of companionship – While money certainly doesn’t replace the person that was lost, you may also be able to receive damages for loss of companionship.

If you’ve lost someone because of someone else’s negligence, there is good reason for you to speak with a personal injury lawyer today. The caring professionals at Clarke Law will meet with you for a free consultation to help you determine whether or not you wish to proceed.

Do personal injury lawyers help with disability claims?

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Disability insurance can be an important safeguard to protect your financial security in the event that you become temporarily or permanently disabled. But what if the insurance company – for whatever reason – refuses to pay your claim? Personal injury lawyers experienced in dealing with disability claims can help.

The lawyers at Clarke Law have experience with both short and long term disability claims. There are a number of steps that your lawyer can take in order to help ensure that you get all the compensation that you deserve.

Interpreting Your Policy and Help With Making Claims

Whether your policy is through your employer or whether you purchased it on your own, personal injury lawyers can help you understand what your policy says and what you are entitled to. Your lawyer can help you understand the details of your policy such as the waiting period and the length of time benefits will be paid.

Furthermore, your lawyer can help you make your claim and even deal with your insurance company on your behalf. Insurance claim forms can be complicated and errors on them may delay your benefits. We help to ensure that everything is filled out correctly before the forms are sent to your insurer.

Working With Doctors

Often, an unexpected source of delay in receiving benefits could be doctors. Insurance companies usually require doctor’s reports prior to paying out benefits. Your lawyer can help expedite the process by working directly with doctors to ensure that your insurance company receives all the information it needs in a timely manner.

Question: Why Work With Personal Injury Lawyers?

If you are having trouble collecting a claim for disability insurance, it makes sense to hire a lawyer. It is important to get all the compensation that you are entitled to so that you do not have to worry about finances, and instead focus on your recovery.

Even if your insurance company is working with you and you are collecting benefits, it is still a good idea to review everything with your lawyer. There may be other benefits that you are missing out on because you are not aware of them or how to collect them.

Question: Will Using Personal Injury Lawyers to Help Me With My Disability Claim Be Expensive?

Working with any professional does cost money, at Clarke Law Personal Injury Lawyers we hope to provide you with great value as well.

If you’ve been seriously injured, the financial impact can be severe. If you are making a disability claim, it means that you are unable to work and have lost your income. Furthermore, you likely have expensive medical bills to pay. You must now rely on your disability insurance to in order to pay your living expenses – that’s why you got the policy in the first place. But if you are having trouble collecting from your insurance company, then personal injury lawyers are your best chance of success. And because we know that you are already under financial strain, you won’t have to pay us until we collect the benefits that you are entitled to.

If you are in a dispute over a disability claim, you can count on the personal injury lawyers of the Clarke Law team.

Why is my auto insurance company telling me that I don’t need a personal injury lawyer?

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If you sustained an injury during a car accident and you have already spoken with your insurance company, they may have tried to discourage you from seeking the advice of a personal injury lawyer.

While you are certainly not required to work with a personal injury lawyer, the choice to proceed with a claim without one can put you at a disadvantage with the insurance company and may prevent you from getting all of the benefits that you are entitled to.

The following are a few reasons your insurance company may have given you not to see a personal injury lawyer, along with our reasons of why it is always best to get professional legal advice anyway.

Question: Your case has passed the allowable time you have to sue?

While there are laws concerning how long you have to make a claim or start a lawsuit, there are also some very good reasons why it is still advisable to consult with a lawyer.

The first reason is that when you call your insurance company, you are not speaking with a lawyer. The person on the other end of the phone may simply be wrong in their assumption that too much time has passed.

The second reason is that even if they are correct about the time limits, there are some exceptions to these rules. It is always best to check with a knowledgeable personal injury lawyer.

Question: Are Your injuries Minor?

Even so-called minor injuries can impact you financially, and if you are entitled to compensation, it is important that you receive it.

As well, the full extent of some injuries are not always known initially. It may take weeks or even months to fully realize what effect such injuries may have on your life. Consulting with a personal injury lawyer will help you to understand your rights.

Personal injury lawyers are time consuming and expensive

While it is true that the legal process can be time consuming, your lawyer will do everything in their power to make the process as easy as possible for you. And through the contingency fee agreement, you do not have to pay your lawyer until your case has been successfully resolved and compensation has been collected.

It can be far more expensive to take the first offer of the insurance company and end up not getting everything you were entitled to than it would be to consult with a lawyer and allow your case to progress and build over time.

A fair compensation will be paid

After you’ve been injured, your insurance company may tell you that you don’t need a personal injury lawyer because your insurer will pay you a fair compensation.

The problem with this is that immediately following an accident, it may be unclear as to what a fair amount would be. You may not be aware of all of the expenses that will be incurred as a result of your injury. However, your lawyer will have already seen many cases similar to yours, and they will have a good understanding of what costs you are likely to arise as the result of your injury.

If you’ve been injured as the result of an accident, it is always best to consult with a personal injury lawyer. Even if you decide not to pursue further legal action, at least you will have peace of mind knowing and understanding your rights.

What will we talk about during our initial free consultation?

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If you sustained an injury as the result of an accident or someone else’s negligence, it is important to speak with a lawyer so that you understand your rights and know your entitlement to compensation. When you contact Clarke Personal Injury Lawyers, we will arrange a free no-obligation consultation with you in order to help you determine whether or not you should proceed with further legal action. Your consultation may take place at our office, or if your injury makes that too difficult, we will come to you at your home or at the hospital.

Question: How Can I Prepare for the Consultation?

In order for us to give you the best legal advice possible, we will need several pieces of information from you including but not limited to the two pieces of personal identification, any hospital discharge, any x-ray referrals, a copy of the motor vehicle accident report, etc. The more information we have, the better advice we can give.

We therefore ask you to prepare these items ahead of time – if you cannot do this yourself, we recommend getting a trusted friend or family member to help you.

General information about you, your work and your family

Depending on a number of personal factors, the expenses you are likely to incur as the result of your injury can vary greatly. For example, are you the primary income earner in your family? Do you have children? Are you a caregiver for a parent or grandparent? If you’ve been injured, it won’t just affect you, but those close to you.

Medical History

Letting your lawyer know all the details of your medical history is important when making an insurance claim. Insurance policies may have exclusions for certain pre-existing conditions, or certain conditions may mean that you’ll likely incur greater than normal medical expenses as the result of your injury. All of this must be taken into account when considering your case.

Previous Reports – Medical, Police, and Insurance

In determining whether or not to pay a claim, your insurance company is going to look at your personal information, including your previous medical history, the motor vehicle accident report, if any, and medical reports. It is important that your lawyer have access to all of this information as well in order to provide you with appropriate advice.

Details about the accident and your injuries sustained as a result

Finally, we will want to get as much information from you as possible about the accident that you were in, as well as about the injuries that you sustained. Provide us with as many details as you can recall about how the accident was caused and who was involved.

If you’ve already spoken with your insurance company, also let us know what was said and done as a result. If an adjuster or advisor has been assigned to your claim, provide us with their contact information. Our initial consultation will help both us and you determine whether further legal action should be considered. After the initial meeting, there is no obligation to sign on with our firm.