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Ottawa Personal Injury Lawyers

While injuries caused by motor vehicle accidents are the ones that most often come to mind, there are many other types of injury-causing accidents that befall people in Ottawa every day. In fact, here’s one statistic that may surprise you: of the “estimated 4.27 million Canadians who suffered an injury severe enough to limit their usual activities,” falls were the leading cause of injuries. “About 63% of seniors and one-half of adolescents were injured in falls, as were 35% of working-age adults.” 

Even if we are careful, and don’t text while driving, watch our steps, and take reasonable precautions, injuries can occur as a result of:

Getting Compensation by Filing an Accident Claim

If your accident was caused by the negligence or reckless behaviour of another, you may be able to file an accident claim to be compensated for the harm you have suffered. Drunk drivers, people who don’t have control of their dogs, and property owners who fail to take care of a sidewalk that they knew were in poor repair – these are all examples of people who have shown disregard for the safety and well-being of others. 

You are the Priority. Getting you Full and Fair Compensation is the Goal.

Many people don’t know the full cost of an accident-related injury. It goes beyond medical bills and can include wages lost during the time one couldn’t work. It may also mean the need to get household help and help with yard work, an occupational therapist, and/or transportation services. Depending on the circumstances of the accident, the compensation required may be far more than what the insurance company offers. 

At Auger Hollingworth, we leave no stone unturned in fighting for the maximum compensation you deserve. When you work with us, you can count on getting our full attention, an honest assessment of your claim, the highest degree of service, and compassionate advocacy. 

Assessing and Hiring a Personal Injury Lawyer

The first thing, if not the most important, is finding a lawyer who has relevant experience. So, if you have been injured in a car accident, you need to hire a personal injury lawyer who has dealt with motor vehicle accident victims in the past. Likewise, if you are facing criminal charges, make sure that you hire a lawyer who has at least ten years of experience working in the area of criminal law. 

A lawyer who practices a variety of kinds of law and has not specialized in a particular area may not know as much about handling your particular case. Years of experience as a lawyer count for something, but if the experience is not relevant to your specific case, you need to consider who is the best lawyer for your specific legal problem.

In order to assess the lawyer, look for:

  • Relevant experience: Specific experience in cases like yours makes a difference when it comes to getting maximum compensation
  • Experience in court: Is the lawyer trial-tested? While negotiation with the insurance company might be the right solution, your lawyer should not be afraid to take a case to court if that is in your best interest
  • Local knowledge: A lawyer who is thoroughly familiar with the courts in Ottawa and knows the judges, lawyers, prosecutors, police and other entities, has a greater understanding of what to expect. This can only benefit your case.
  • Track record of success: Look for a lawyer who has prevailed in cases for his or her clients. While there is no guarantee that a case will work in your favour, it’s a good bet that your lawyer will work hard to get you the best possible outcome. 

How we get paid for legal services: Understanding contingency fees and other forms of payment

While many legal services are fee-by-the-hour, personal injury cases are typically taken on a contingency basis. This means that the law firm takes a percentage of the settlement won, and your contract with the law firm is called a contingency fee agreement.

Starting July 1, 2021, the Law Society of Ontario has required all law firms offering contingency fees to use a standard form agreement.  In compliance with this requirement, Auger Hollingsworth has adopted the Law Society’s contingency agreement:

Tort Case – Claim Against the At-Fault Driver
IF FEE IS
We settle your tort case before the examination for discovery. 25% + HST
We settle your tort case after the examination for discovery but before
the pretrial.
28% + HST
We settle your tort case after pretrial but before commencement of trial. 30% + HST
We settle or win your tort case after the commencement of trial. 33% + HST
Accident Benefit Claim
IF FEE IS
We settle your accident benefit claim without an arbitration. 25% + HST
The court or License Appeal Tribunal hears your case and orders that you
receive an award or the case settles during LAT arbitration
33% + HST
Personal Injury (Non-MVA) Including Slip and Fall, Trip and Fall and Other Injuries
IF FEE IS
We settle your tort case before the examination for discovery. 25% + HST
We settle your tort case after the examination for discovery but before the pretrial. 28% + HST
We settle your case after pretrial but before commencement of trial. 30% + HST
We settle or win your tort after the commencement of trial. 33% + HST
Long Term Disability
IF FEE IS
We settle your case before the mediation or examination for discovery. 25% + HST
We settle your case after the examination for discovery or mediation but before the pretrial. 28% + HST
We settle your case after pretrial but before commencement of trial. 30% + HST
We settle or win your case after the commencement of trial. 33% + HST

The consumer guide asks some important questions for potential clients looking for the right firm to meet your needs.  Auger Hollingsworth’s answers to these important questions are here.

Ontario Personal Injury Compensation Process

If you need to start a lawsuit to show the insurance company that you are serious about getting fair compensation for your Ontario accident injuries, these are the steps your Ottawa personal injury lawyer will guide you through:

1. Fact-finding and legal research:

  • Review all the facts regarding the accident and your injuries.
  • Review all supporting documents and collect the names of witnesses.
  • Review medical records and obtain your permission to obtain any missing records.
  • Conduct legal research to identify all claims available in your situation.

2. Ontario pleadings:

  • Draft a Statement of Claim, which sets out the amount of money you are claiming for the accident and all facts that support your entitlement.
  • Review the Statement of Defence, where we review their factual contentions and defences and advise you accordingly. We may also prepare a final pleading, called a Reply, to any of the issues raised by the defendant.

3. Ontario mediation: 

  • In many areas of Ontario, participation in a 3-hour mediation is mandatory. It usually occurs early in the lawsuit.
  • We help select an Ottawa mediator and schedule the session. We give valuable advice on options and work with opposing counsel to ensure an acceptable mediator is selected.
  • We prepare and provide to the opposition’s counsel a Statement of Issues or Mediation Brief, which includes key components of relevant medical records, police reports, witness accounts and other evidence to create a compelling case on your behalf.
  • We prepare you for the mediation and attend with you.
  • We always first try to negotiate a favourable resolution, but we will never sell your case short.

4. Ontario discovery:

  • Prepare the obligatory list and copy of all documents relevant to the lawsuit in a sworn affidavit. We prepare the list and request most of the documents for you and advise you on what other documents you need to collect.
  • In most cases, the key documents are medical records, but may also include road or walkway maintenance records, employment records, and your employment file if claiming loss of income.
  • We review the other party’s affidavits of documents, such as adjuster reports and other information relating to the insurance company’s claim investigation.
  • The next step is the Ontario examination for discovery, where each party is questioned under oath by the other’s lawyers. The court reporter prepares a transcript of evidence. We schedule, prepare for and attend the examinations for discovery. No judge is present at this stage.
  • If relevant questions are asked for discovery but the witness does not know the answer, the lawyers may agree to have that question be answered in writing as an “undertaking.” We assist you in answering undertakings and ensure opposing parties answer their undertakings.

5. Preparation for trial:

  • In addition to the above steps, we identify and interview potential witnesses, decide whether expert opinions are of value and if so, retain and facilitate a report from experts, if appropriate
  • We consider and undertake any additional fact gathering

6. Ontario settlement conference:

  • This may be the first significant consideration of your case by a court official, judge, or a master.
  • We schedule the conference and prepare the settlement conference brief (script for trial).
  • We attend the conference with you, present your case to the court, and advise you based on the court’s assessment of the case and any offers to settle.

Steps may overlap. There may also be interim proceedings called motions. We may bring a motion on your behalf if we feel a favourable outcome will shorten or strengthen your case. Motions may deal with simple issues, but may also deal with significant legal matters that effectively resolve the whole case.

Proving an Ottawa Personal Injury Case

Four elements are required to show that you have a valid personal injury claim:

  1. You were owed a duty of care: This means that a person’s actions must meet a standard of care towards others that includes attention, caution, and prudence that a reasonable person would use under a certain set of circumstances. Failure to do so amounts to an act of negligence or recklessness.
  2. There was a breach of duty of care: If a party breaches that duty of care, it means that they failed to act in a responsible manner that took into account the safety of others. A common example of breach of duty is drunk driving.
  3. There is cause in fact: There must be proof that the breach of duty (the negligent or reckless act) caused the accident that led to the injury; the “act or omission was a substantial factor in bringing about the injury and that, without it, the harm would not have occurred.” For instance, a driver who was texting and ran a red light, thereby hitting another car.
  4. There are damages: 

Damages are the monetary award for an injury claim. The plaintiff (the injured person) must be able to prove that the accident resulted in damages such as medical bills, loss of income, and other losses for which compensation should be awarded.

Our Guarantee to You

We promise to provide you with the highest level of personal service, meet with you as often as you wish, and do everything possible to treat you the way we like to be treated. You can expect:

  • Strong Advocacy and Representation of You!: We negotiate whenever we can, but we also fight whenever we need to. We have spent a large part of our legal careers in court. As a result, the insurance companies know we will not hesitate to sue them and take them to trial to get the compensation results you deserve.
    • We are not afraid to fight for you
    • We fight to get you the maximum compensation
    • We have a track record of success
  • We are established and experienced lawyers: Since 2004, we have established a reputation with the legal community and, more importantly, with our clients, as lawyers who pay meticulous attention to detail, who are skilled in the courtroom, and who care about the people they represent. We are also proud to support many community efforts, including charitable giving, sponsorship for activities that raise money for activities and causes throughout our area.
  • Personal attention from consultation to best possible compensation: No question is too small or concern too big for us to make sure we are there for you. Count on us to return phone calls promptly, to be accessible, to give you value that is greater than our fee, and to give you more than you expect.
  • Representation for Frenchspeakers: Oui, nos services sont aussi disponibles en Français. To learn more, please contact our office.

Contact a Skilled Ottawa Personal Injury Lawyer Today

If you or a family member has been injured in an accident as a result of another’s negligent or reckless behaviour, get the help you need so you can get the compensation you deserve. We offer a free initial consultation to answer your questions and see how we can assist you. To schedule a time to talk, please call us at 1-888-574-4529 or contact us online.

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The phone call I made to this firm is the one that changed everything, and the one you want to make too. This is the firm you want representing you.

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What brings you here?

Learn more about these case types we commonly handle

Motor vehicle
accident

Slip and fall

Denied disability
benefits

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