Personal injuries are quite common in big cities, but people are not as informed as they should be, and that’s why they don’t get paid, or get less than what they actually deserve, as a result of personal injury caused by someone’s negligence. Well, this article unfolds general information regarding personal injury cases and will guide you to get what you deserve.
What is classed as a personal injury?
It is an injury or illness which occurs as a result of the actions or negligence of someone else. A personal injury can be physical or psychological in origin.
Can I claim compensation for any type of injury?
Strictly speaking any injury or illness which you have sustained as a result of an accident can be claimed for. So if you become injured at work due to a slip, trip or fall then you may be entitled to compensation. Compensation claims for personal injuries include
- Workplace accidents;
- Accidents in public places;
- Road accidents;
- Sports injuries;
- Criminal injuries and
- Medical negligence.
In order to learn more about the types of injuries qualify for compensation, talk to Grillo Barristers Toronto.
Who decides if someone gets compensation for a personal injury?
If your case goes to court then it will be decided upon there. This occurs in cases with many complex issues or where an agreement cannot be reached regarding liability. But many compensation claims are settled out of court which means that an agreement has been reached between your solicitor and the guilty party’s solicitor as to the issue of liability. Your accident injury lawyer Toronto will enter into negotiations with the other solicitor about the amount of compensation you will receive.
What is the basis for a claim for compensation for a personal injury?
A claim for compensation is based upon the issue of ‘blame’: if your injury occurred due to someone else’s lack of care or negligence then you will receive compensation. But you need to prove it. There needs to be sufficient evidence to show that the actions of another person resulted in your injury. This also includes the issue of whether your accident was likely to happen (or could have been foreseen).
Is there a time limit for personal injury compensation claims?
Yes there is so it is important that you pursue a claim as soon as possible.
There is a 3 year time limit which starts from the date of your accident, injury or when you were first diagnosed with your illness. There are a few exceptions to this so it is a good idea to check with your solicitor about this time limit. You can contact personal injury lawyers Toronto to learn about several different injury claims, in detail.
What is ‘no win no fee?’
This is a popular system adopted by claims management companies and law firms which means that you don’t pay if you lose your case. But you will be advised to take out insurance when making a claim to cover the other side’s costs that you would otherwise have to pay for. This insurance underwrites this risk. If you win then you are awarded compensation plus expenses which are paid for by the losing side. But to ensure that your lawyer or solicitor does not work for free he/she is entitled to a ‘success fee’which is awarded at the same time.