How do I know if I have a case?

You will only know if you have a legitimate case if you consult with a personal injury lawyer. Clarke Law offers no-fee, no-risk consultations that will determine if you have a case to proceed with. Meeting with a lawyer will give you a chance to discuss all of the details of your case. Your lawyer will be able to tell you about similar cases which set precedence for your case, and what will happen if you choose to proceed, or if you choose not to.

Question: What factors determine whether or not I have a case?

Pursuing legal action against someone, such as the other driver in a car accident, depends on who was at fault. A successful case will require proving that someone’s actions, or lack thereof, caused your accident. This might mean someone was neglectful, resulting in your injury, or it may be more direct, such as a driver while intoxicated. In any case, your lawyer will have to provide evidence that someone else’s behaviour caused your injury.

The next factor that must be decided is how much damage was caused by the accident. There are many items that factor into this list. Your medical bills, rehabilitation needs, counselling costs, and care all factor into the damages. Additionally, the income you have lost as a direct result of the injury, for example during time spent in a hospital, will be added to the damages. Loss of income capacity is also considered, meaning that if your injury prevents you from returning to your work and therefore you cannot earn what you once did, that will also be factored in. These damages can add up to large sums, since they are based on your earning capacity over the rest of your life.

You may also be eligible for additional expenses related to your accident and injury, as well as pain and suffering. Pain and suffering awards are related to the emotional pain and agony associated with dealing with the accident, the injury, and the whole process of pursuing recompense. These awards can be relatively large, depending on the ordeal you’ve been through, and who you find yourself up against.

If your case satisfies the requirements of holding someone responsible, and your damages are substantial enough, you may have a case. Make sure you share all of the details of your case with your personal injury lawyer, because something that may seem inconsequential to you may be very important to your suit. Your lawyer will help you sort through all of the information to decide if you have a case.

Question: What happens if I don’t have a case?

In the event that you do not have enough of a case to proceed with legal action, there are other avenues you can pursue. Your lawyer can help you file claims with the involved insurance companies. Similarly, you might be eligible for support from the WSIB in the case of a workplace injury, or the Criminal Injuries Compensation Board (CICB), in the case of an injury resulting from a crime. There are other ways of receiving compensation beyond civil litigation, and your lawyer will be able to help you understand and access them.

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