Whether you’re the driver of the car that caused the accident or the victim who got hit and injured, accidents can cause a lot of trauma. Nobody anticipates such incidents and we always hope we never end up in a situation like that, but the truth is, car accidents have become more common than we think. We hear news of so many crashes everyday and it’s always better to be on the safer side and drive slowly, cautiously and carefully.
The aftermath of a car accident can be quite stressful and traumatic for everyone involved. However, we cannot let our emotions take toll in such situations and it’s always best to be prepared and know how to act in such situations.
Most personal injury lawyers Toronto would tell you that as far as personal injury cases are concerned, the person who caused the accident is responsible for the damages. Causing doesn’t necessarily mean the vehicle that hit the other. If the negligence and carelessness of the driver caused the accident, he’s responsible. The damages can be personal injuries where the victims got hurt in which case, the driver would be asked to pay for the hospital bills or damage to properties.
The first step to do when you’re in a car accident is to stay calm and take deep breaths. You’re not going to be of any help to anyone if you’re a nervous wreck and this situation calls you to be brave and do the necessary things. Call 911, report the accident and check for any injuries on the people and even if you have a small doubt if the person could have internal injuries, call the ambulance. We’re not professionals and what may seem normal to the eye may actually lead to complications.
If the accident did not cause any major injuries and can be considered minor, then move the vehicles to the side of the road so that you do not disrupt the traffic. If there’s any damage to the road or anything that can be harmful, make sure you put up some warning triangles or turn on the lights of your vehicle to warn the public about possible danger.
Once the police arrive, they take note of all the details about the accident including the license plates on the vehicles, the number of tickets issued on the particular cars, witnesses to the accident, information about insurance, etc. There are chances of the faulty driver trying to talk you out of calling the police, but never skip this step because police can play a vital role in helping you get your rightful claim in your personal injury case.
The best way to get information is to take plenty of pictures of the accident so that you can analyze and identify things that you probably missed earlier. These things can help you a lot in a personal injury case.
Some other basic things to remember are not to sign any official document unless it’s for the police officials or the insurance company and never let any accident go unreported. It’s always better to immediately call your personal injury lawyer Toronto as well and give them all the evidence.
Car accidents can be traumatizing, but acting well under such pressured situations can help you get the benefits that you deserve and can help you get your rightful claim without additional stress.
Choosing a personal injury lawyer who preserves and actively investigates your claim is very paramount to obtaining the correct compensation you need. Now comes the hard part of choosing the right one. Let us consider the tips below.
You should not underrate the experience of a personal injury lawyer when it comes to investigating and assessing your claim. Hiring a personal injury attorney who knows what to look for in a case as well as where to look for it is essential the attorney must understand your case as it makes the difference between loosing and winning. For instance, the attorney must be conversant with specific standards or laws associated with contributory negligence, causation, negligence, the statute of limitation, and the risk of assumption will be relevant for your case. While it is clear that a fall and slip case can be filed in the event of the accident, not all accidents have a clear indicator. If you were injured by a product manufactured in a different state, issues concerning the importation of the product could be very complex. The secret is to hire the attorney with the right legal experience concerning such injury.
There is a huge difference made by the focus of an attorney relating to the result of your case. A personal harm attorney has the legal experience and necessary skills to determine who was liable for the occurrence of the accident or the injury. When it comes to valuing your injury, this is the attorney you will need to help you get the correct amount of damage you need for your injury. It is also important to note that more than 90 percent of injury-related cases settle before they enter the trial. The most important factor, in this case, is to know how to negotiate.
When it comes to having your case resolved, the reputation of your lawyer goes a long way. This is an action that concerns their previous dealings with insurance firms as well as other attorneys in the court system where they practice. There is an added value of advantage provided to your case when it comes to the reputation of your attorney. You will get a fair and quick recovery if you have a reputable attorney. As a client, you will be in the best position to recover the correct amount of damages as a result of the occurrence of the damage.
When it comes to the compensation for personal harm, objectivity can be understated. Make sure that your lawyer is objective. He should not be looking to have your case settled as fast as they want. This means they want to get faster clients for their job. In such cases, you should look for one who is willing to carry on until you secure the correct amount of compensation.
This is one of the things most people overlook when they are hiring a personal injury attorney. While you will not be meeting your client every day for dinner to discuss your case, the last thing you need after the occurrence of the injury is an attorney who is not willing to answer any question you throw their way. The attorney who does not return calls is a bad sign to your case process. If they are not of the right personality according to you, ensure you seek another attorney as soon as you can to maximize your case value.
You can go a long way trying to find the best attorney for your harm case. As you proceed with the hiring process, ensure you take your time. Ensure you are comfortable with the experience and ethics of the attorney.
Hiring a personal injury lawyer to help you get the right compensation after an accident is critical. However, it is important to do the due diligence so that you get the right person for the job. Here are the six most important things you need to consider.
Find an attorney who mainly concentrates on personal injury. Avoid those who practice in other areas. Such attorneys do not give their clients the attention they deserve. They are also likely to make many mistakes because of the divided attention.
An attorney who specializes in personal injury understands all the processes involved in presenting your case in court and negotiating a fair settlement. He also enjoys a lot of respect and trust from insurance companies and therefore have less to prove in order to get a fair settlement.
All lawyers claim to have a lot of experience in handling auto accident cases. Just look at the internet and ads on TVs and radios, and you will be surprised by the large number of people who claim to handle personal injury cases, which often is not the case. It is very critical you choose someone who has an actual experience in taking cases to trial. Insurance companies know which attorneys take cases to trial and which ones prefer settlements. They might take advantage of lawyers who settle and coerce them to agree on an amount that is way below the compensation you should get. Someone who has a lot of experience knows how insurance companies handle and evaluate cases. He knows when something is not right and takes the necessary measures to protect your interests.
3 Track Record
You need a personal injury lawyer who has a good track record. You can look at the lawyer’s website to see how many clients he has served so far and how many cases he has successfully taken to trial. You can also his track record check on third-party websites. Here you can see his ratings, skills, abilities and reviews from past clients.
You can also call the attorney directly to ask him about his track record. Let him tell how long he has practiced and how many cases he has successfully handled.
A good lawyer should have a list of references on his website. Choose at least three references and contact them to help you know what it is like working with that attorney. Let them tell you how the attorney handled their cases and whether the outcome was what they expected. Ask them about the means of communication the attorney used and whether he was regularly updating them on the progress of the case.
Apart from references, you can ask for personal referrals from friends, workmates or relatives. Only ask those who have had a previous experience with a personal injury lawyer. Someone who worked well with his lawyer will be happy to give you a referral.
You need a lawyer who is compassionate and caring. You don’t want someone who cannot spare one minute to attend toy your needs or support you in this difficult situation. You should be comfortable working with him. He should be there for you to ask questions and return your calls in a reasonable time.
You need to choose an attorney who has enough resources. He should be capable of funding his own investigations and be able to follow up on the case. Apart from the case, the lawyer should devote his time to hire medical experts and rehabilitation specialists when necessary. The lawyer should also have a staff that is dedicated to your case.
If you've ever been involved in a car accident or any type of accident that was due to the negligence of others, you probably realize that legal advice is required to make sure that you receive compensation for your injury. The fact is that lawyers differ. Certainly, it's dangerous to play Russian Roulette with your case and just select any name out of the telephone book. It's important to take time to research the lawyer's background. Clearly, you should select a personal injury lawyer that is experienced in handling personal injury cases successfully in your location.
Of course, you could flip through the yellow pages and hire any lawyer that suits your fancy. However, this is a critical error. The first step is to request referrals. Contact friends, family, co-workers, or neighbors. Talk with any about their experiences with their own lawyer. Ask, if they would recommend their lawyer to handle your personal injury claim. Take their recommendation with a grain of salt, until you've talked directly with the lawyer recommended.
Perhaps,you've been involved in another legal matter that required, the services of a lawyer. Well, contact that lawyer or the lawyer's office. Ask them to recommend an experienced, and competent lawyer that handles your type of claim. Generally, lawyers are well acquainted with local lawyers that specialize in these type of negligence cases. They are a reasonably good source for competent lawyers. However, it is still important to arrange an interview with the lawyer before going any further. Question the lawyer about their background, experience, and the number of cases they've handled successfully.
The Selection Process
Create a list of several lawyers that handle or specialize in your type of claim. Next, schedule an appointment with each lawyer. Generally, the lawyers do not charge for a consultation. However, call the office before the interview, and verify that fact. Sit down with each lawyer and discuss your claim. Bring along all pertinent information for the lawyer to review. Look at his demeanor and the way that he offers advice to you about the case.
Don't settle for less, only settle for the best to handle your case. Only select an experienced lawyer that has a reasonably high success record handling this legal specialization. Steer clear of any lawyer that is not able to supply you with information about their success rate or a list of clients that were happy with the lawyer and their settlement.
Large trucks are well over 60 feet long, and they can weigh up to 80,000 pounds. Given their gigantic size, tractor-trailers pose a clear threat to anybody on or around a roadway. That's why both the federal government and the various states have imposed strict regulations on them. Regardless of those laws, the Insurance Institute for Highway Safety reports that 3,852 people died in crashes involving large trucks in 2015. Of those, only 16 percent of the fatalities were occupants of the large trucks. A frightening 69 percent were occupants of passenger vehicles while 15 percent were motorcyclists, bicyclists or pedestrians. About 90,000 others suffered personal injury. Here are some of the common causes of large truck accidents.
Hours of service regulations are in place that limit the number of hours that a large truck driver can spend behind the wheel before a rest period is required. In order to get their cargo to where it must be on time, some drivers ignore those rules. A drowsy driver can be as much of a risk on the road as a drunk driver.
Use of mobile and navigational devices take a driver's attention off of the road. According to the Virginia Tech Traffic Institute, the average text message takes five seconds to send, and at 55 mph, you travel the length of a football field in five seconds. Other distractions include talking on a phone, eating, smoking or even watching a movie on a laptop.
A large truck is a complex piece of machinery. Bad tires and brakes are attributable to many truck crashes. Regardless of how careful a truck driver is, if equipment fails to perform its intended function, a crash can result. We've all seen pieces of large truck tires on the road.
An improperly loaded trailer can have too high of a center of gravity and cause a truck and trailer to jackknife or roll. When that happens, the truck and trailer are completely out of control and turn into a giant street sweeper that takes any vehicles in its path along with it. Drivers are required to periodically check their loads while in transit. Many don't.
Some drivers just aren't trained properly to operate a large tractor-trailer. They're difficult to maneuver. The big rigs have large blind spots all around them, and they take 20 to 40 percent longer to stop on dry pavement than passenger vehicles.
You'll want to start investigating a truck crash right away. Evidence can disappear and witnesses can vanish. Don't try to take on the truck insurer alone. Contact an experienced truck crash attorney right away.
Injuries caused by the negligence of someone else can have a profound impact on a victim's life. In a personal injury case, there are immediate losses that typically include pain and suffering, medical bills and expenses, and lost wages. In addition, in a personal injury case, a victim of someone else's negligence may need to make a claim for future losses as well. There are some basic elements in personal injury law associated with establishing future losses that a negligence victim must understand.
Types of Future Losses
There are several different types of future losses that personal injury law permits recovery for in a case involving negligence caused by a third party. In many cases, an injured person requires ongoing medical care, treatment, and therapy for an extended period of time. These costs represent is a type of compensable future losses.
On a related note, the pain and suffering associated with an accident can not only be severe, but also long-enduring. As a result, future pain and suffering arising from the injuries associated with an accident are also compensable.
A person injured in some type of accident is likely to be off work for a period of time. When injuries are particularly serious, a person may not be able to return to his or her position of employment any time soon, if at all. Future lost wages represents another category in which an injured person can seek compensation for future losses.
Reasonably Foreseeable Losses
In order to obtain compensation, a demonstration must be made that the losses are reasonably are foreseeable. This essentially represents a two-step analysis in a personal injury case.
First, there needs to be a demonstration that they underlying reason for the specific category of loss is expected to continue into the future. For example, the underlying injury will continue to necessitate medical care and will result in an ongoing diminution in wages.
Second, a consideration of the value to be attached to these future losses also needs to occur. Simply because medical expenses or lost wages are at a particular level today does not mean that will persist into the future at the same rate.
When it comes to future losses and personal injury law, the assistance of expert witnesses can also be necessary. A medical expert can present evidence and testimony about what reasonably can be expected to occur in regard to future treatment, care, and therapy. Similarly, an expert like a forensic accountant can shed light on reasonably foreseeable future wage losses in a specific case.
Retain a Personal Injury Lawyer
A personal injury lawyer possesses the expertise to address issues like future losses. A personal injury lawyer usually schedules an initial consultation to evaluate a case at no charge. There are resources available at Claim Accident if you want more information.
A personal injury claim can take a couple of years to move through the court system. However, more and more personal injury lawyers are taking advantage of a new legal strategy that helps to resolve injury claims in a fraction of the usual time. Settlement conferences, which use mediation, are similar to arbitration in bringing the claim before a neutral third party with experience in this area of law. The mediator will work with both sides to try and resolve the case so that it doesn't have to go to trial.
How it works.
Following the discovery phase of litigation when personal injury attorneys work to learn all they can about lawsuit-related factors, a pretrial is scheduled and the judge may recommend a settlement conference to try and resolve the issues in an expedient and fair manner. A date will be set when opposing lawyers and their respective clients will meet in an informal proceeding to summarize their findings and look for common ground on which to settle the case. Typically, the plaintiff will ask a certain amount for damages, and the defendant will counter with a lower offer. Both sides will go back and forth with the help of the mediator to try and agree on settlement terms. The process can take anywhere from a few hours to all day. One or both parties may only go through the motions rather than seriously try to settle as a way of learning more about the opposing side so they can prepare adequately for trial. Some experts claim that anywhere from two-thirds to ninety-seven percent of claims that go through a settlement conference are successfully resolved.
There are several advantages to this approach. One is that it is faster waiting for a trial, with a date set for the conference within a few months of discovery. Another benefit is that it is cheaper than going to trial, since no witnesses and perhaps limited exhibits are included in the proceeding. A third positive outcome is that everyone's stress level is reduced, and the claim can end in a satisfactory way for both parties.
If both parties and their personal injury lawyers Toronto are not committed to the settlement conference option, it has little chance of success. One side may go through the motions just to please the judge, with no intention of adjusting compensation demands or offers in negotiation. Another downside is that neither party will likely get what he or she really wants, so both must be willing to negotiate and surrender part of their expectations.
Settlement conferences are being increasingly used in the court system. Understanding how they work and being prepared can optimize chances for a good outcome. Speak to an experienced lawyer like www.claimaccident.ca to discuss the possible strategy of your case.
If you have been injured in a car crash or because of a defective product, you are entitled to compensation for your injuries. However, how much are you entitled to? That is something that your personal injury lawyers Toronto may be able to estimate during your initial consultation. Let's take a look at how damages are calculated by a jury or by those negotiating a settlement.
Determining Lost Wages and Future Earnings
Those who are forced to take a day off to go to physical therapy or take an hour or two off to go to a doctor's appointment after a crash may be compensated for their time. Injured victims who are unable to go back to work in a similar capacity as before their injuries may be compensated based on what their career prospects likely would have been. For instance, a 35-year-old may receive compensation based on 30 years of career advancement while a 55-year-old may receive compensation for 10 years based on his or her current salary assuming that further advancement may not occur.
Determining Punitive Damages In a Personal Injury Case
Punitive damages are meant to hold a person or entity responsible for their negligence in general. A jury may award an additional $1 million on top of other damages to someone hurt by a defective product to make sure that the manufacturer takes the issue seriously moving forward. Punitive damages may also be awarded in cases where a doctor or other medical professional didn't provide a duty of care or show remorse for his or her mistakes. In general, the amount of punitive damages depends on a party's financial resources as well as what a judge may consider a fair amount based on facts in the case.
Determining Actual Damages In a Personal Injury Case
Actual damages are costs that were paid after an individual was injured. For example, hospital bills such as an exam or surgery to correct a broken bone would be an actual cost. The price of modifications to a home or car after an injury would be an actual cost that can be verified and reimbursed. Other examples of actual damages include the cost of medication, crutches or physical therapy to build up muscle memory or to control symptoms following a head or other injury. These costs are generally easy to calculate as they are objectively documented, which makes them hard to dispute. Contact a law firm like Claim Accident Services to consult with them on damages.
Personal injury law allows you to obtain compensation if you have been hurt through no fault of your own. While your award may be calculated in a subjective manner, personal injury lawyers will work with the person or entity that hurt you to make sure that you get what you need to care for yourself and your family moving forward.