Personal Injury FAQs

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What to ask when hiring a personal injury lawyer?

Asking friends, family members or other professionals who have hired a personal injury lawyer or have an established relationship with a lawyer can give you some insight into their capabilities but be mindful of the fact that getting a reference for a good lawyer is not the same thing as getting a reference for a good personal injury lawyer.  Personal injury is a specialized area of law. When choosing a personal injury lawyer, look for someone who has experience and expertise in this area, and a proven track record.  You can read more information in this blog post.

Do I have a good case?

Everyone who has been injured in an accident and is considering bringing a lawsuit asks this question. It is not possible to determine whether someone has a good case without first meeting them, reviewing any relevant documents and perhaps interviewing some independent witnesses in order to obtain all the facts.

Having a good case depends on many components, both factual and legal. An experienced personal injury lawyer can take a challenging case and make it better with proper preparation.  Even some “bad” cases can be settled and it may be possible to get some compensation for someone who does not have a “strong” case.

What are the elements of a good case?

There are two important elements that must be established to have a successful personal injury case:

  • Liability: Which is the determination of whose wrongful actions caused the accident; and
  • Damages: Which is assessing the compensation recoverable for the injuries and financial losses sustained as a result of the wrongful act.

Generally, in order to have a good case you need to be able to prove the following elements:

  • You have been injured, physically, emotionally, or psychologically;
  • Someone else was at fault because they owed you a duty of care and failed to meet that duty; and
  • The fault of the other person caused your injury and the resulting financial losses.

How is fault determined?

Fault is determined based on the facts of the particular accident and how the law views those facts. The law has established several “causes of action” which means that it has recognized that certain facts will result in fault or liability.  Fault is a legal question which can only be determined once all the material facts are known and the applicable law considered.

Will my case go to Court?

It is very unlikely that your case will have to go to court to get resolved. The civil litigation process in Ontario is heavily geared towards getting cases resolved by way of an out of court settlement. As a result only about 5% of personal injury cases actually reach trial.

If it is assumed that the case will settle this increases the chances that it will result in a trial as the defence lawyer will recognize that the plaintiff’s lawyer is not ready to try the case. Therefore the best approach in all personal injury cases is to prepare as if the case will end up in court because only a well prepared case will result in a fair settlement for the injured party.

 

Mann Lawyers is a respected Ottawa law firm dedicated to ethics, integrity and results in legal practice. We offer a free initial consultation for potential clients with personal injury claims. To arrange a meeting about your injury claim, contact us by phone at (613) 722-1500 or 1-888-420-0577 (toll-free) or by email at personalinjury@mannlawyers.com

Over 100 Years of Combined Experience

Servicing Ottawa Since 1994

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