Do we Need an Attorney for Personal Injury Claims in Canada?

Injuries are part of our lives. However, some injuries that we inflict can be fatal and may need special attention. It doesn’t matter whose fault it was; at the end of the day, you are the sufferer. Now, if you got injured at your workplace, you can ask for WCI benefits as a Canadian citizen. But, in case you have a road accident or got injured while working at home, it is not going to be easy to claim for your Personal Injury. Therefore, you need an Attorney! So, in this article, we will discuss whether or not we need an attorney and on what circumstances. Attorney for Personal Injury Claims

What are the basics of Personal Injury Lawsuit?

Suppose you got injured due to an accident where someone else is responsible for you to get hurt. In that case, you can take legal action and raise a dispute against an individual or an institution. However, it depends on you whether you want a fair trial for your claim or you want an out-of-court settlement. Either way, we should first understand what will happen in both cases.

  • In case of a formal lawsuit: A formal lawsuit initiates when you, the plaintiff, register a civil accusation against another person, business, corporation, or government agency. The entity you are pressing charges is called the defendant. So, you are actually accusing the defendant that your injury is caused due to one or more careless or irresponsible actions. Therefore, the defendant must compensate the amount of damage that the harm caused to you. However, you or your assigned attorney must provide conclusive evidence to prove your point to the court.
  • In case of an informal lawsuit: In reality, there is nothing like an informal lawsuit. But for the sake of argument, we are naming the situation. In this case, the plaintiff agrees to a certain amount that the defendant pays due to the causing the injury. In return, you have to sign an agreement which in layman’s term, says you are okay with it, and there will not be any further dispute. Typically, such out-of-court settlements are more common than a plaintiff actually filing a lawsuit. The attorneys in this kind of situation act on behalf of the plaintiffs and the defendants to resolve the matter legally and hassle-free. Attorney for Personal Injury Claims

Read : What is Workers Compensation Insurance in Canada?

How soon you have to file a dispute?

Generally, you should file a dispute as soon as you discover the injury. However, there is a limited amount of time you can apply for a personal injury dispute. It is called the Statute of Limitations, which varies mainly because of two main factors. First, the type or seriousness of the injury. Typically, you can file a dispute within two years, but in some cases, the Canadian government has given a grace period of up to five years as well. The second factor is the province you do live in. Attorney for Personal Injury Claims

What are the basic benefits you can get?

Whether you take a formal approach or an informal approach, in most cases, you will get some basic damage benefits, which is called Compensatory. So, let us take a look at what are the Compensatory that you will get.

  • Medical treatment: The medical treatment expenses are the most obvious compensatory you will get. So, you will get back all the costs that you spend in your treatment. Now, depending on the seriousness of your injury, you may also get reimbursements for further medical treatments in the future.
  • Lost remuneration: When you had an accident, it is quite apparent you can’t go to work. But that doesn’t mean the company you work will entertain your personal issues. So, if you win the lawsuit of personal injury, you can ask the defendant to compensate your lost salary till the time you become fit to join.
  • Loss of property: You can ask compensatory for the loss of property if anything is associated with the injury caused by the defendant. In that case, the defendant has to either pay for the repair or compensate the cost of the property lost in the accident.
  • Pain and suffering: There are an additional reimbursement for the pain and suffering the
    plaintiff has endured due to the injury caused by the defendants. There are parameters to calculate the money which is equivalent to the current pain, suffering, or any physical
    discomforts you are experiencing. Attorney for Personal Injury Claims

Read : How to Claim a Car Accident Insurance in Canada

The Conclusion – How much importance the attorney holds here?

Now, if we will go back to the initial question – do we need an attorney for personal injuries? We would say – yes, definitely! There are a hell lot of legal formalities that should be taken care of in order to get the compensatory to deserve. Whether you choose a formal way or the out-of-court settlement, you must be aware of all the laws to get what you deserve. So, yes, we believe attorneys are critical for personal injuries.

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