Personal Injury

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.

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.

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.

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.

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.

Mann Lawyers is committed to delivering personal injury legal services you can depend on for the best possible results. Therefore, we are proud to offer service locations from our offices in Ottawa and Perth.   National Capital Region residents and those from surrounding areas have quick, easy access to the expertise of our team, who can cater to a wide variety of personal injury cases. We also represent clients anywhere in Ontario and in Nunavut.

We pride ourselves on timely, professional communication so we can start making progress on your case immediately.   Our legal team works under the firm belief that, when it comes to personal injury cases, time is of the essence. That is why Mann Lawyers offers flexible meeting locations and meeting times, including weeknights and weekends if required. Contact us today to book an appointment that works with your schedule, and we will be happy to get started as soon as possible.

Our commitment is to help you reach an ideal outcome through amicable negotiations, if possible.  It is unlikely that your case will need to go to court in order to be resolved, due to the fact that the civil litigation process in Ontario favours and is geared towards out-of-court settlements. As a result, a small percentage of personal injury cases go to trial.

Definitely. If it is assumed that your case will settle and as a result, your side of the story is not adequately prepared, the chances of a trial taking place will increase. This is triggered by the fact that the defence lawyer will notice that your lawyer is not ready to try the case – the defence lawyer could then take advantage of the situation, pushing to trial to gain an upper hand.

Gathering and organizing the right evidence is essential to a successful personal injury case. You need to prove who caused the accident and how you have been affected. Working with an experienced personal injury lawyer can help you find and organize the evidence and strengthen your argument.