Toronto Injury Lawyer Blog

One of the first things I'm asked is how do my fees work in personal injury cases. This is particularly important to people after an accident when they aren't working and aren't earning any income as a result of their accident.

All lawyers have different fee structures. Some lawyers ask for money up front. Some lawyers charge their hourly rate as the case goes, and you if don't pay that hourly rate, they won't work. Some lawyers work on a contingency basis.

Contrary to popular belief, contingency fees are legal in Ontario. A contingency fee agreement means that the lawyer will not ask you for any fees until your case settles. Once the case settles, your lawyer will take a percentage of the award to account for their fees. The lawyer takes a big risk in this sort of agreement because they risk not getting paid at all if they can't recover anything for your case. But, this agreement is particularly good for the client and their family, because they don't have to worry about paying their lawyer or funding the costs of the case until the case is resolved. Personal injury lawyers understand that it can be very difficult for accident victims to fund their cases; which is why many personal injury lawyers have embraced contingency fee agreements for their clients. This is very important, because it gives people who wouldn't otherwise be able to afford the cost of a lawyer, access to the courts and access to justice.

Goldfinger Personal Injury Law takes many of its cases on a contingency fee basis; which means you don't have to pay until your case settles. Brian Goldfinger is a Canadian trained lawyer who works exclusively on behalf of accident victims, disability claimants and their families. Call Brian for a free consultation today. www.goldfingerlaw.com 416-730-1777

This article is not meant to be relied on as legal advice, nor does it create a solicitor-client relationship.

After you've been hurt of injured in an accident, there are a few important things to be certain of:

Consult a lawyer who specializes in accident claims immediately. There is a limitation period in Ontario to sue. This limitation varies, depending on the facts of your case and the sort of accident. But, generally, you have 2 years to sue from the date of the accident. There are all sorts of other limitation periods which you need to be aware of, which is important to consult a lawyer immediately to ensure that your right to sue is protected.

See your family doctor immediately after the accident. Hospitals generally rush their patients out to make room for more patients because they're so busy. Sometimes people are discharged from hospitals with poor follow up instructions or improper treatment or medications. See your family doctor. They know you best. If you don't have a family doctor, ask around.

Make sure you bring your lawyer all the documents you have in your possession relating to your claim. Documents you might not think to be relevant, might be very relevant. Let a lawyer be the judge of that.

Be careful of surveillance. After you've commenced an action, sometimes insurance companies hire private investigators to conduct surveillance on you. They may wait outside of your home in a van and videotape you. This is allowed. They will use this surveillance evidence to show that you are able to carry the trash, if you say that you cannot. Or show that you are walking perfectly well, when you're saying that you walk with a limp after the accident. Be careful.

Make sure you tell your lawyer exactly where the accident happened, and who was involved. This is important so your lawyer knows exactly who to sue. If your lawyer doesn't have all of the information, your lawyer might sue the wrong party, which will effect your case.

The laws for car accidents, and personal injury claims are complicated and constantly changing. This is why you need an experienced lawyer to point you in the right direction and help you with your claim from start to finish. Brian Goldfinger of Goldfinger Personal Injury Law is a Canadian trained lawyer who only represents accident victims. Do not see somebody who does not specialize in personal injury. This may likely impact your case. Call Brian today for your free consultation.

This article is not meant to be relied on as legal advice; nor does it create a solicitor-client relationship.

In the American news we see that accident victims get awarded ridiculously high awards for seemingly small accidents. Who can forget the story of the person who was awarded $1 million dollars because his coffee was too hot. Or how about the $20 million dollar awards for the elderly couple who scratched their arm after they fell off their bicycles?

Many of these stories, are just that, false stories. But, it cannot be denied that awards for accident victims in the United States are higher than awards in Ontario and Canada. The reason for this is because the highest court of Canada, which is called the Supreme Court ruled in a series of 3 cases that damages for pain and suffering be capped at around 3.25 million dollars. What that means is no matter how much pain and suffering you've been through after an accident, you damages for pain and suffering will be capped.

In addition, in Ontario insurance companies have lobbied the government to skew the laws in favour of insurers. If you've been involved in a car accident, you need to show that your injuries are both "serious and permanent". Serious means just that, the injury needs to be serious such that it effects your everyday life. And permanent means just that as well; your injuries need to last for the rest of your life. If your injuries really hurt for a few months, but then they go away completely afterwards, your injuries will not be permanent and you will not be able to sue for pain and suffering. This barrier to recovery is called the "threshold". The threshold was established for the benefit of insurers to keep claims down. That way, the insurer would not have to pay out on every little claim made, because it would not meet the "threshold". Also, insurance companies for have lobbied government such that the first $30,000 for each claim under $100,000 essentially vanishes in car accident claims. This is called the "deductible". If your claim is over $100,000, the deductible does not apply. Both the threshold and the deductible work to reduce the amount of claims being made, and work to reduce the monetary damage award to accident victims.

The laws for car accidents, and personal injury claims are complicated and constantly changing. This is why you need an experienced lawyer to point you in the right direction and help you with your claim from start to finish. Brian Goldfinger of Goldfinger Personal Injury Law is a Canadian trained lawyer who only represents accident victims. Call Brian today for your free consultation. www.goldfingerlaw.com 416-730-1777

This article is not meant to be relied on as legal advice, nor does it create a solicitor client relationship.

Ontario Law requires that all car drivers carry valid automobile insurance. After you or a loved one have been involved in a car accident, you are required to report the accident to your insurance company, or to the insurance company of the driver who hit you, in the event that you were not driving at the time of the accident. In the event that you do not report the accident, you will not be entitled to what are called "accident benefits" and it may effect how much money you can recover if you chose to sue the driver who hit you.

After you've reported the accident to the insurance company, they will send you a package of forms. These forms are called "Accident Benefit" forms. These forms can be difficult to understand and to complete, particularly when English is not your first language. If the insurance company does not send you the forms, you can get them online at www.fsco.gov.on.ca.

The form which starts the whole process is called an "OCF-1 Application for Accident Benefits". This is exactly what it says it is. It's an application form for accident benefits. You are required to fill out basic information about your name, age, address, how the accident happened, your injuries, details about your employment, and/or childcare requirements. By filling out this form, you are telling your insurance company that you are claiming accident benefits from them.

Accident benefits are payments made by the your insurance company to cover such things as med/rehab benefits (physio therapy, massage, chiropractor), income replacement benefits to cover a portion of your lost income, caregiver benefits for childcare, housekeeping benefits, your clothes that were damaged in the accident and attendant care benefits. These payments from your insurer are called "accident benefits" and these payments are generally made by your insurer no matter whose fault the accident was. This is why it's called "no fault" insurance.

There are other forms which you will be required to fill out. The insurance company may ask that you employer fill out a form to confirm you income. The insurance company will also ask that your doctor complete a disability certificate to confirm the extent of your injuries. They will also want you to fill out an election form so they know exactly what benefits you are claiming. There is no question that filling out and understanding how all of these forms work is confusing, and it's a lot of paper work. In addition, the forms and insurance laws are constantly changing, making it even more difficult for accident victims to understand how the system works. This is why it's important that you hire an experienced lawyer to help you along the way, to make sure your claim is protected from start to finish.

Brian Goldfinger of Goldfinger Personal Injury Law is a Canadian trained lawyer who practices exclusively on behalf of accident victims. If you have any questions or require assistance, please do not hesitate to contact Brian Goldfinger for your free consultation. We speak your language and we are here to help. www.goldfingerlaw.com 416-730-1777

This article is not meant to be relied on as legal advice, nor does it create a solicitor-client relationship.