Ottawa Accident Lawyer: 7 Mistakes About Personal Injury Claims

MISTAKE #1Your personal injury lawyer will need a deposit before agreeing to take your case.

Not True in most cases.
In our office, our Ottawa injury lawyers accept most injury cases for a contingency fee. We get paid from the money we recover for you, usually from an insurance company. If you collect nothing, you pay no lawyer’s fee.

To start, you can talk with our personal injury lawyers for free. And if you hire our services, you pay no fee until your case resolves and we recover money for you.

MISTAKE #2I won’t get a fair settlement without a trial.

Also not true in most cases.

Most injury cases are settled before the case goes to court.

When the insurance company appreciates you and your personal injury lawyer are ready and willing to go to court, they will usually start to make reasonable offers for your injury claim. Negotiations may continue until both sides agree on a certain amount.

In most cases, injury claims don’t require a court trial.

Mistake #3 The lawyer decides when it is time to settle.

False.
If you hire a lawyer, you remain in the driver’s seat.  Your contingency agreement (the contract between you and the lawyer) should deal with what happens if your lawyer wants to settle and you don’t.

Mistake #4 If my injuries worsen after I settle, I can re-open the case.

False.
Usually, once your claim is settled, it is over.

Mistake #5 It is too late for my case.

Could be false.
The earlier you start work on your claim, the easier it is to collect information. However, as long as the limitation period for your claim has not expired, there is still time to make a claim. A skilled personal injury lawyer will be able to compensate for the elapsed time, using experienced investigators to pull together the information required. A lawyer will also tell you what the deadline date is for starting your case.

Mistake #6 I have only one year to file a lawsuit.

Probably false.
In most situations in Ontario, in most personal injuries cases, you have two years to file a lawsuit to protect your rights. However, there are cost penalties if you don’t give notice within a shorter time frame.

Plus, if your claim is against a governmental entity (such as a city or the province), you may have only 10 days to protect your rights to make a claim, even if you are injured!

It is important that you know your rights. Otherwise, you may lose your right to bring a claim for your injuries and damages. Ask us and we’ll help you determine the proper time frames.

Mistake #7 If I caused the accident, I am not entitled to any money.

False.
Money through the accident benefits is available to almost all injured accident victims in Ontario who have insurance, regardless of fault. The amounts for an “at fault” driver who is catastrophically injured can equal a million dollars.

Contact Us!

Our Ottawa personal injury lawyers, Richard and Brenda,  are here to serve you. Please use our contact form to request your free consultation.

About the Author: Brenda Hollingsworth

Brenda Hollingsworth co-founded Ottawa’s Auger Hollingsworth in 2005 with her husband Richard Auger. Together, their mission was to create a personal injury law firm for Eastern Ontario that is unrivalled in the province for customer service and legal expertise. Brenda was named an Ottawa Business Journal Forty Under 40 award recipient and took home the Women’s Business Network’s Businesswoman of the Year award in the Professional category. She was also recognized as one of Ottawa Life Magazine’s “Top 50 People in the Capital.” She is often quoted as an expert and has appeared in media outlets such as CTV, The Globe and Mail, National Post, Ottawa Citizen, Sun Media, CBC, Toronto Star, Montreal Gazette, CFRA and many legal publications.

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