When someone is injured in an accident due to someone else’s negligence, it can be devastating. But victims have the right to seek justice and hold those responsible accountable.
For your injury case to be successful, you need an experienced and dedicated personal injury lawyer in Toronto. Making the right choice is critical as it could make or break your recovery process.
1. Establishing Fault
Establishing fault in an accident is essential when filing for a personal injury case. It will help establish who is at fault for the injuries you have endured and what damages you are eligible to receive.
To prove negligence, an attorney must collect evidence, interview witnesses and conduct a comprehensive investigation. This includes obtaining police reports, reviewing medical records and identifying those involved in the accident.
Fault in a personal injury case is typically determined by whether the defendant violated their legal duty of care. This could have occurred by breaking traffic laws, such as running a red light, or engaging in behavior that put the victim at risk for harm.
2. Gathering Evidence
When working with a personal injury attorney, you will need to provide them with as much evidence as possible to support your case. This may include documentation such as medical bills and hospital records; witness testimony; photos and videos of the scene of the accident; and any other helpful items.
Photographs are essential when communicating your insurance company. If possible, take several photographs from different angles so that you can later select the ones which best display what it is you wish to emphasize.
It is vitally important to preserve physical evidence after an accident, such as skid marks on the road, security footage and other objects that degrade over time. Unfortunately, this evidence can easily get lost, forgotten or destroyed within days or weeks following a crash.
3. Negotiating with the Insurance Company
Once the initial investigation is concluded, it’s time to negotiate with the insurance company. Depending on the nature of your claim, this may take a considerable amount of time.
A lawyer will begin by sending the insurance company a demand letter. This document outlines your strongest arguments and explains how the accident has affected your life.
Include all medical bills, lost wages, future expenses and more when creating your settlement amount. Your lawyer will then calculate a settlement amount based on these estimates as well as other elements like pain and suffering suffered during the process.
It’s essential to remember that insurance companies always attempt to pay you as little as possible, so negotiation with them may be necessary. Typically, this involves having several conversations with an adjuster until you come up with a reasonable offer.
4. Going to Court
If the insurance company and your attorney cannot reach an agreeable settlement, you may need to file a lawsuit. Although this can be a lengthy process, remember that you have control of the situation in this situation.
With an experienced personal injury attorney on your side, they will strive to get your case settled fairly and reasonably. Your lawyer also provides their professional opinion about the worth of your claim.
Your attorney is likely handling your case on a contingency fee basis, meaning you won’t owe them anything unless they win the case. Their fee will likely be a percentage of any settlement award or jury verdict you receive.
Your attorney will decide whether to proceed with trial or settle. Typically, they’ll recommend going to trial since it usually results in a better deal for you. But ultimately, it’s your decision.
If you are looking for an experienced personal injury lawyer in Toronto to handle your case, make sure to do your research. Look for an attorney who specializes in personal injury law, has extensive experience in the field, and is licensed to practice in your area. Ask around for references and check out reviews online to get an idea of their reputation. Make sure the lawyer you choose is someone you trust and can communicate with easily. They should also be willing to fight for you in court if necessary.
