Month: June 2018

When to Hire a Personal Injury Lawyer

personal injury lawyer is needed after a car accident

Hire a Personal Injury Lawyer

It is difficult to forecast the possibility of the occurrence of accidents; they are mostly emergency. It is, for this reason, there is no specific guideline on when to hire an injury legal adviser.

A person that is injured during a car accident has to decide whether to hire the injury attorney or not. Most people have the assumption that hiring a practitioner is expensive. Either way, for cases such as the Insurance Corporation of British Columbia, claims, they are an efficient and essential component to represent you and protect your rights to claim.

Is it worth to have a personal injury lawyer?

Most insurance firms would want to get away from the compensation plans and benefits. When you do not have an adviser who understands better about injury litigation, then you probably end up disadvantaged. Consider this; the Insurance Corporation of British Columbia was ready to give value to the unrepresented claimants, then there would be fewer officers in this field. Therefore, you understand the importance. No matter the cost of the lawyer, it is worth trying because you will end up with more money at the end of the claim.

When do you need an attorney?

Some circumstances will require you to hire the injury attorney immediately after vehicle accidents, they include;

  • The death of a family member that has resulted from a car accident.
  • In the occurrence of serious injury that will require hospitalization of the claimant.
  • In the event where the crash is caused by wrongdoing or ignorance of another person and has caused moderate to severe injuries.
  • Where the insurance firm is denying because of the nature of the collision, and you suffer more than one minor injury.
  • In the expectation that you may become permanently injured that has resulted in you losing the future earning or need for future care.

accident lawyers getting ready to meet at a firm

Advantages of being represented by a personal injury lawyer

From all the above, you may fail to provide enough and convincing evidence. It is for this reasons that you will need to hire the attorney. He or she is a practitioner and knows what evidence to provide that is very vital to the case. They will investigate to avoid the loss of evidence to ensure that the facts are fully developed. Additionally, advice given by the representative will provide that the matter takes the right direction to best document the injury.

Even though the attorney provides a bill based on a percentage of recovery from the insurance agent, in majority cases, he or she obtains payment from the insurance firm, which is excess of what you can afford. Therefore, you will yield a tremendous net recovery with the adviser after deducting the charges. By being represented, you will have peace of mind in getting a reasonable fee from the claim adjuster plus you do not have to deal with the firm directly.

Not all the injury cases will require representation or hire a representative. Example; you are engaged in soft tissue injury that will not last long. For this case, you may need to convince the insurance agent to provide a reasonable settlement proposal and clear up the issue for a few a dollars.

Most injury practitioners provide free consultation, it is upon you to walk to their offices to get the general idea of the value of the case and establish whether or not it is reasonable to claim. Most attorneys charge on only the settlement amount above the original value from the compensating firm; this means that regardless of what happened to your claim, you will obtain a better net recovery with a lawyer than without a member of the bar.

To conclude the procedures have evolved to the point where you will need to have a representative to obtain a fair settlement for the compensation. Other instances involve the insurer providing a full value without claimant’s representation. However, this is not common.

Contact Tim Louis, Personal Injury Lawyer.

Vancouver Personal Injury Law Firm

Tim Louis & Company 
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678
http://bc.timlouis.com

Do I Need A Personal Injury Lawyer?

Hire a personal injury lawyer after concussion

Do you need to Hire a Personal Injury Lawyer

A lawyer is not needed when making an injury compensation claim, but it is highly recommended that you have one. When you hire a lawyer it doesn’t mean you are ready to go to court it just says you want to seek legal advice from someone rational who is not emotionally involved in the claim.

Things You Should

It is not necessary to hire a lawyer when dealing with the Insurance Corporation of British Colombia (ICBC), but if you do, then you must make very informed decisions. The ICBC will appoint an experienced adjuster, who works for them, to negotiate for the settlement of your claim at a reasonable amount from ICBS’s point of view. The adjustors continuously deal with injury claim so they will be tough negotiators.

A good lawyer will do the following for you:

  • Advise you accordingly
  • Try and obtain a fair settlement for you
  • Collect evidence and proper medical information
  • Decide the extent to which you should be compensated in regards to your case

If your lawyer and the designated adjustor can’t come to a proper settlement, then it’s up to your lawyers to take the case to court so that they can obtain a full and fair compensation on your behalf. Less than 1% of the ICBC claims proceed to court.

Advice

If you are unsure on whether you should enlist for the services of a lawyer then pay a visit to one of the many experienced BC personal injury lawyers and seek legal advice and also obtain knowledge on the matter. Most of the lawyers offer initial legal consultation free of charge or obligations. After the meeting, you will be in a better position to decide whether you need to hire a lawyer.

the worldwide logo of personal injury lawyers

What Do Lawyers Cost?

The cost of a lawyer is entirely dependent on the case in which they are handling. In a personal injury insurance claim, you have the right to hire a lawyer and pay on a contingency basis. A contingency fee agreement means that the lawyer you hire will accept a predetermined fixed percentage of the recovery or the money to be paid to the client, if you recover nothing from your claim then you shouldn’t spend your lawyer anything. Regularly, contingency fees in British Colombia range from 20 to 33 percent of the total recoverable amount. Lawyers hired on contingency basis receive their payments at the time when they collect your compensation cheque from the insurance firm not before.

Most of the time when you want to enlist for the services of a lawyer you have to visit him. During the first meeting the lawyer gets to familiarize himself with a case, and then you will move on to the sensitive fee issue, make sure you understand the fee contract before signing it. In some cases the lawyer’s services can be paid using a predetermined hourly rate, when using such a mode of payment the lawyer may ask you for a retainer, a retainer is an amount of money that acts as security and will be used to meet the lawyer’s upcoming expenses, the lawyer will thereafter send you interim accounts for immediate payment. The method of payment while hiring a lawyer is entirely up to you.

While still discussing the topic of remuneration you must get to understand who will be responsible for disbursements. Disbursements are the expenses that the lawyer will incur in the prosecution of the claim example of such fees are the cost of medical records, cost of hiring experts, court registry fees, and other similar expenses. The disbursements may quickly sum up to thousands of dollars.

If you are to pay the lawyer on a contingency fee basis, then all the expenses incurred in the prosecution of the claim are covered by financed by the firm. It’s important to understand who will be responsible for this cost is they can’t be recovered from the ICBC. At times lawyers will deduct the expenses from their final fee if they can’t be collected as part of their final settlement.

Protection Of The Public

There are specific laws in place to govern the relationship between the lawyers and their clients. The rules of the law society of British Colombia states that in case a court awards a higher amount, the maximum amount a lawyer is entitled to for personal injury and wrongful death arising from the use or operation of a vehicle is 33.33%. Lawyers rarely charge this percentage except in exceptional circumstances like a highly complicated case or if several numbers of procedures need to be taken to bring the claim to an amicable solution.

Also, there is a 90 day cooling off period; the law states that within 90 days of hiring a lawyer you can appeal to the district registrar of the supreme court of British Colombia to have the agreement reviewed if the fee is found to be too high it shall be adjusted accordingly.

Personal Injury Attorney Vancouver

Tim Louis & Company
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678
http://bc.timlouis.com/

FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT LAWYERS Part Two

Q5. How long on average should I expect my case to be settled in case it does not advance to the trials?

A. Each case is different and unique in its way. Those that are too serious may take very long to settle. Examples of these are brain injuries, losses of limbs, and catastrophic injury cases. This stems from their complex nature and the accompanying medical issues.

Some may take months to settle. These are cases that are moderate in severity, less catastrophic and not so serious in liability. The precise length of time decided to solve each case, however, depends on each nature of the case, the extent of the recovery, the severity of the injuries, and the kind of attitude the insurance company or adjuster perceives your situation or you.

These notwithstanding, court cases are generally long and protracted. This is because insurance companies never like making payments or settling claims. They are also meticulous and usually insist that all the documents about the applications are submitted and scrutinized before any claims may be awarded. In all, cases take months and years to settle.

personal injury law books

Q6. Should I visit a doctor after undergoing an accident?

A. By all means, you should. The primary reason is not for the sake of the impending court case but your health and personal well-being. It is common knowledge that only hurt rather than healthy people do need medical attention. Insurance companies and the courts usually are too quick to point this out while ascertaining the claims and compensation requests.

In case you lack a family doctor, you are advised to visit the nearest clinic. If a clinic does not exist within a reasonable walking distance from your area of residence, you are encouraged to attend the emergency department of your nearest hospital.

In your visit to the hospital, the doctor will typically jot down the facts of the holiday and nature of injury in a note. He will then almost always prescribe some medication or refer you to a specialist for advanced medicines. These notes are intended to offer more information concerning your health status.

For instance, they may indicate that you are in sound health. Alternatively, they may state that you are gravely injured as the result of an accident. Our legal team will usually compile these medical records from your doctor and use them as the basis for building your case.

It is not enough to state that you have been injured or hurt. This is because courts in Ontario will usually demand tangible proof to these effects. As such, your pains, damages, sufferings, and symptoms have to be proved before a court of law.

Perhaps the best and most reliable way of doing so is by furnishing the various health records. It, therefore, follows that if you do not see a doctor after an accident, you will miss out on your treatment and appropriate medical attention. You will also less likely build a strong case to your defense.

This way, the courts and the insurance company will often find you liable for failing to mitigate your damages. This arrangement is not healthy for your case or you. We would like to do everything in your capacity to recover and lead a healthy life as you had done before the accident. Whereas this might not always be the possibility in all cases, it can, in fact, be the case for individual persons.

hammer and book inside a car accident law firms

Q7. What are the differences between the accident benefit adjuster and the tort adjuster?

A. Both of these professionals work for car insurance companies but in different departments. Examples of these include the CAA Insurance, Wawanesa, Liberty Mutual, Belair Direct, TD Meloche Monnex, Intact, The Personal, Co-Operators, Aviva, Economical Insurance, and State Farm.

The accident benefit adjuster works in the pain, suffering, or bodily injury department. The tort adjuster on the other hand accident benefits department. They may as well work for entirely different companies altogether.

In most instances, the accident benefit adjuster will often be the insurance adjuster of your car or that of your spouse. They are ordinarily responsible for administering your no-fault accident benefits that arise from your car accident. These benefits encompass income replacement benefits ($400 per week), housekeeping benefits ($100 per week), attendant care benefits ($1,500 per week), and income replacement benefits ($400 per week), among others.

A tort adjuster, on the other hand, works for the insurance company that covers the driver or the other party that was responsible for hitting you. Their roles do not entail processing accident benefits as they merely handle the tort component of your claim.

These include, but are indeed not limited to past or future losses of income, damages for pain and suffering, the loss of competitive advantage, and Family Law Act claims. They also do not handle other costs that are not incorporated as part of the accident benefits.

If both the tort and accident benefit adjusters work for the same company, a barrier is erected between the two of them to discourage and flow or exchange of communications and ideas between the two parties.

The failure to adhere to this principle may often land the insurance company in trouble with the authorities. The company may usually be held accountable for bad faith damages. The same applies if there is sufficient evidence to prove that there was collusion collaboration, communication between the two parties without your consent.

Our lawyers can furnish you with the necessary information as pertains the kinds of behaviors that constitute bad faith. They will also detect and prove that there was indeed cooperation between the insurers, adjusters in the same company, or negligence while handling your case.

Vancouver Personal Injury Attorney

Tim Louis & Company Law
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT LAWYERS

Q1. What is personal injury law?

A. Personal injury law refers to the body of rules and regulations that govern hurt or injured persons. The standards encompass civil litigations, tort laws, municipal liability, sexual harassment, product liability, long-term disability, accident benefits, and medical malpractice.

To be eligible for a claim, one has to have been hurt in a car, motorcycle, or boat, accidents. This besides, medical procedures, slipping and falling are other possible grounds. You may leverage the existing legal system to solicit compensation or other benefits from the guilty party or the insurance company.

Additionally, you may be eligible for compensation from your own insurance company. These could take the forms of long-term disability insurance, workplace insurance, homeowners insurance, or car insurance, among others.

These injuries could take the forms of physical, cognitive, or psychological natures. Physical injuries include soft tissue injuries, fractured bones, chronic pains, quadriplegia, wrongful deaths, or loss of limb. The cognitive injuries, on the other hand, may take the forms of temper problems, rage, moodiness, nightmares, sleep problems, dizziness, impaired concentration, fatigue, memory loss, sadness, suicidal ideation, anxiety, and depression.

Q2. After how long am I supposed to sue or initiate an accident case?

A. As soon as possible! This stems from the fact that each case is unique. Each case indeed presents itself with unique sets of challenges and limited periods. In case you fail to meet the set deadline for your example, there is a substantial likelihood that the courts will summarily dismiss your case. There is also a high probability that the court will also rule that you settle the other party’s legal costs.

Generally speaking, victims of car accidents in Ontario have a 2-year window within which to initiate a lawsuit against the at-fault driver or party. However, several other issues do abound while dealing with car accident cases. For instance, a 30-day window exists within which you are expected to submit your accident benefits applications.

Other than this, the insurance companies also require that they are furnished with the medical records within ten days after the accident. The failure to adhere to this provision will typically result in no compensation at all. Further to this, the insurance companies may also require that they are updated with the latest Disability Certificates (OCF-3) within 30 days. Failure to adhere to this requirement may attract similar penalties like the one previously.

Please note that car accidents differ markedly from the municipal slips and falls. This is because they are not governed by the 10-day written notice requirement as well as the 2-year limitation period.

car accident law firm needed a call after this horrific accident

Q3. How much can I expect to receive as compensation for my injuries?

A. First and foremost, it is necessary to note that each person, case, and injury is different from the other. Because of this, this particular question has no straightforward answer. The law and the insurance companies also determine to a large extent the amount of compensation you might receive.

Unlike the United States of America, caps or maximum amounts payable do exist in Canada. The numbers are set between $310,000 and $330,000. These are the maximum amounts of compensation the courts may award for any injuries.

However, Canada imposes no caps on the loss of competitive advantage at the workplace, past and future costs, future attendant cares, past losses of incomes, future damages, and other variables that are not directly connected to pain and suffering damages. These damages are further added to the pain and suffering awards to boost the total values of your claims.

Q4. Will my case proceed to the trials?

A. A whopping 99% of all the personal injury cases have traditionally been settled outside the courts. However, in some instances, the parties to the dispute are often too far apart. Because of these, such cases have often advanced to the trial stage. The same evidence may also often apply if there are several contentious issues like the credibility of the two parties, damages, and liability.

If and when the cases advance to the trial stage, the outcomes are often unpredictable. This is because there is never a ‘sure thing’ in a court of law.

The Goldfinger Injury Lawyers have participated in several accident trials against insurance companies. These trials have never been a walk in the park. On the contrary, they have always been grueling and demanding. We are however better suited to handle such claims because of possessing a vast wealth of experience in the field. We are still able to do the same job and deliver the same levels of outcomes.

Personal Injury Lawyer Vancouver BC

Tim Louis & Company 
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678
http://timlouislaw.ca/bctimlouislaw/

Is It Worth Getting A Personal Injury Lawyer Part 2

Increasing Possible Compensation

Insurance will contempt you when you are representing yourself. The best way that you can use to protect your interests is hiring a lawyer. These are the experts who have the right training for the job. They are there to handle your affairs. At this point, this is the only friend that you can trust with your information. They are also the people that will give you their entire support.

They will, therefore, sought higher compensation. A personal injury attorney is experienced in the job. They will, therefore, know what to expect from an individual injury case. Through their interference, they will, therefore, give you the best ruling and sought the best possible offer. They understand that the high the compensation the high their share will be.

Claim Expenses

In every claim, you need to provide the required documents. There are so many documents that have to be availed to confirm where and how the accident happened. It pays a lot when you have to get the documents yourself. These include:

  • Filing Fees
  • Service Fees
  • Court reporter fees among others through an attorney, you don’t have to pay each of these costs. You are therefore able to get a functional recovery.

They have experience in obtaining these documents and will know how to get all the documents in a very smooth process, and you are therefore able to get a functional recovery.

accident lawyer at work

When Hiring a Personal Injury Lawyer

A good personal injury attorney is never found just like that. It is an investment of time and resources. Referrals work best. Ask your family and acquaintances about the people that you need to find as your priority. They can recommend a few lawyers who they have experience with. No one will support someone that gave them excellent services. You can as well take them through an excellent interview that will make them receive honest as well as answers that are well straightforward.

Investing time to get the best attorney gives you the financial compensation that you get to have. The right attorney will even go ahead to have the injured client maximizing their available insurance. They will give you great recommendations for the medical providers around you. These are the people that will assist you in the best way to recover from your injuries. They have an understanding where you are likely to be great and the payment made through the insurance compensations.

As we Wind Up…

If you have not yet hired an accident injury lawyer, you need to find one. Use all the available resource to get yourself the best person to avoid the last minute rush. Any injury will cost money, time away from work and other medical bills.

Before you hire an injury lawyer, you need to be patient and take them through an interview. A mistake in the injury lawyer can bring great problems later. Taking your time to select an attorney help you in getting the experienced and those that are not too busy to attend to your cases. They ought to give you a significant priority.

Personal Injury Lawyer Vancouver

Tim Louis & Company 
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

 

Is It Worth Getting A Personal Injury Lawyer

Have you ever been involved in an accident? It is such a hectic life-altering event. It is the moment you wish for the best, but you expect the worst. The personal injury comes in when you have been a victim of such an occurrence. How do you handle the situation? Where do you start? Who do you first consult when the position is more than you can control? Accidents might affect you a lot mentally. Your health insurance might start complications, and you are very weak t begin negotiations with them. This is precisely where the personal injury attorney comes in.

Hiring a personal injury lawyer comes along with significant advantages. You get to have great peace of mind as you have someone with the right knowledge of the law of the land. They will handle e all the required procedures that apply to all the injury claims that you get to have. With an attorney on your side, you will never go wrong.

car accident law includes trucks as well such as this photo

What Benefits does the Lawyer Bring on Board?

Creating Value On Your Suffering

They know how much your claim is worth. Most of the people do not have an understanding of how much amount of money they can get from their application. Every request that gets you either through an accident can as well benefit you. When you are doing it on your own, you are likely to leave it to go and concentrate on your recovery. This will, however, happen once you have the persona that will stand by your side. Some claims are worth a fortune. An attorney can put a value on your pain and suffering.

Most of the attorneys will take their cases on the contingency basis. This is the best case as there are no upfront costs. You do not have any reason to fail to hire a personal injury lawyer. Through this, they will be able to address your case accordingly.

They Are Experts In The Field

The reason he is an attorney is that he understood the entire legal process. They have as well been trained and certified before being allowed to represent people in legal matters. At times you get to develop a gap in your legal knowledge. Through this insurance companies help you in the legal action. They will help you get your compensation and even take your case to court in the case the insurance doesn’t work in the right way.

It would be a very hurting situation when you know that you missed a settlement of thousands of dollars just because you did not follow a few legal procedures.

injury attorneys library

Presents Confidence in the Insurance

Very few people are prepared to go to trial when you don’t have a well-renowned attorney. The insurance knows that you are prepared to go to trial. The case can even rule against your favor after you invested a lot of money in the case. Hiring an accident attorney makes things easier. They will help you through the case settlement. The lawyers are well trained to handle the situation, primarily through trial. Through statics, most of the cases have been battling against the different insurance companies. In such a case insurance will ensure that they get a motivating settle that will stop the case from proceeding to trial.

Vancouver Personal Injury Lawyer

Tim Louis & Company 
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

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