Brampton personal injury lawyers know from experience that one of the first questions injured victims or their families ask is, “How long will my case take to reach settlement?”

This is something that we try our best to answer realistically, while explaining all aspects of the claim and providing a 360-degree view of the case.

Accidents happen out of the blue and can result in devastating consequences if the injuries are serious. Most of them are caused by someone else’s fault or negligence. Unfortunately, it’s the victims and their families who have to bear physical, financial and emotional burdens.

If you or a dear one has been injured in an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

How Long Does Settlement Take?

It’s not possible to give a one-size-fits-all solution to the issue of settlement. There are multiple factors and several complex medical, legal and insurance issues involved.

They include:

Type of accident

• Nature and extent of injuries
• Impact of the injuries on the claimant’s life
• Long-term and short-term effects
• Liability of the at-fault party
• Client expectations
• Coverage limits
• Negotiated settlement or trial

and many more variables. However, as our Brampton car accident lawyers and Brampton slip and fall injury lawyers regularly handle such cases, they can give a genuine, comprehensive and swift assessment. This means that the client can make an informed choice and take the matter forward.

In general the time-line for a personal injury claim goes like this:

• Injured  person receives medical treatment
• A personal injury lawyer is selected
• The lawyer has to analyze the merits of the claim and go through medical records
• If claim is not worth filing a personal injury suit, lawyer informs client and the matter can be settled with the insurance company
• Otherwise, a claim is put together by the lawyer and conveyed to the at-fault party
• Negotiations take place involving all parties. Almost 95% of claims are settled at this stage without a trial
• If the claim is disputed, or the offer made is too small and deemed non-negotiable, a suit may be filed at this stage
• In general a suit is filed only when the full extent of injury is known so that the person has reached the point of Maximum Medical Improvement (MMI)
• Lawsuit is filed within the statute of limitations time-frame
• Settlement is possible at any stage in the process. It may take around two years for the case to be called to trial
• Discovery process takes place in which documents are provided, depositions are taken, questions are asked/answered on either side,  etc. This process could last for about six months to a year
• Mediation and arbitration process is undertaken. Settlement is possible at this stage too.
• When mediation fails, the case is finally called to trial. The date given may not always be the date on which the trial actually takes place, there may be several delays.
• The case may take anything from one day to a week.

Hence, keeping these factors in mind, our experienced Brampton personal injury lawyers can advise our clients accordingly.

Brampton personal injury lawyers often meet potential clients who are concerned about the kind of fees that they will have to pay us if they hire us to pursue their case. This is a very natural apprehension and we make every effort to ensure that our clients receive detailed, clear, transparent information about every aspect of the case, including fees.

Clients are also confused about the different rates charged by different lawyers and law-firms. As with all professionals, there is a governing body to regulate lawyers, viz., in this case, the Law Society of Upper Canada, but there is no regulation on the fees that lawyers are allowed to charge. Hence, the rates can vary according to area of practice, experience, reputation, knowledge etc. with certain exceptions like minors or people with disabilities. In general, the more serious the injuries, the more important it is to hire an experienced, knowledgeable personal injury lawyer.

How Fees Can Be Calculated

In a landmark case in 2000, the Ontario Court of Appeal listed the considerations taken into account while fees are calculated:

• Time spent
• Legal complexity of case
• Degree of involvement in case
• Monetary value of the case
• Importance to the client
• Skills and competence of lawyer
• Results
• Ability of client to pay
• Client’s expectation of a reasonable fee

Almost 95% of personal injury lawyers charge their clients what is known as a contingency fee. This means that no fees have to be paid upfront. Instead, the lawyer or law-firm assumes full financial responsibility in the case, including in many cases, funding medical and household expenses. Many lawyers also provide the No-Win No-Fee contingency. This means that only expenses have to be paid in case of an unsuccessful outcome.

This system is designed to benefit those litigants who are genuinely unable to afford legal services. It allows them to pursue a case which they may otherwise have been unable to do. The lawyer gets paid a percentage of the settlement amount. In general, this would be about 33% of the final settlement amount, but some lawyers may charge between 20-25% plus costs though this is a moot point under the Ontario Solicitors Act. “Costs” refers to expenses like accessing police, traffic, medical records, hiring witnesses, conducting independent investigations, filing fees, serving summonses/subpoenas, expert witness fees, court fees etc.

The contingency fee agreement has to be put in writing and clearly understood by the client. Verbal agreements are not recognized by the law. The contract has to also clearly specify that the client was given the choice of hiring the lawyer on an hourly basis or a contingency basis. The client must be fully involved in making critical decisions.

Settlements are typically divided into the claim portion, costs portion and third-party disbursements. The entire settlement amount paid by the at-fault party is to be paid to the client who then gives the agreed percentage of it to the lawyer.

Our experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers can explain the fee structure in complete detail and answer all your concerns and queries.

As Brampton personal injury lawyers know from their experience in dealing with numerous clients, the initial, first interaction with the client can often set the tone for the relationship. It’s when people have suffered injuries of various kinds – physical, financial and emotional – that they approach a personal injury lawyer. For many, it’s the first time they’re meeting a lawyer professionally.

Purpose of Initial Interviews

Personal injury lawyers provide an initial, free, no-obligations first interview, to evaluate/assess the case from a professional standpoint. They can gather enough information to understand:

• the nature of the claim
• circumstances under which the injury happened
• impact on the client’s life and family
• merits and demerits
• chances of a successful outcome

The other important purpose from the lawyer’s or law-firm’s point of view is to “sell” their services to the client so that they are retained in the case.

From the client’s side, this interview is equally crucial, since they have approached the lawyer in a state of emotional distress or difficulty and want to seek compensation. Clients are also intimidated by the legal process or what they’ve gathered about it from film, television and the print media.

Clients may have concerns about their chances of success, legal costs, possible outcomes, how long the process would take and what exactly they have to go through. They also want to tell their side of the story.

Prepare For The Interview

It’s important that both lawyers and clients are prepared for these interviews, so that it proves fruitful and successful. Since experienced personal injury lawyers meet with clients regularly, they have a standard process of information gathering and interviewing the client.

Clients need preparation before they arrive for the first meeting.

1. Clearly write down/type out your personal details: Name, Age, Address, E-mail, telephone numbers including whom to contact in case you cannot be reached.
2. Family details: spouse, children, parents etc along with a clear photograph of yourself
3. Nature of accident
4. Date, time and location of accident
5. Copies of photographs, videos, etc of the accident if available
6. Contact details of witnesses if any, if available
7. Complete details of all insurance policies held by yourself and family members who reside at the same address as you, including home-owner’s policies. A photocopy of each of these can be provided.
8. Copies of any documents in connection with the case: medical bills, doctor’s prescriptions, police records, bills detailing other expenses in connection with this accident
9. List of injuries and damages to property
10. List of all doctors and therapists, medical facilities, pharmacies, clinics, hospitals, ERs, labs, etc that you have attended in connection with this case.
11. List of all prior injuries and illnesses that you have had, including any prior claims made. Dates and where and when you availed treatment should be provided. All this information will be brought up in the case, so ensure that it’s accurate and honest.
12. If you’re seeking representation on behalf of an organization or corporation, the complete details should be provided. It’s important that you clarify for the lawyer who exactly the client is in this case.

This information can help you and our 24×7 injury lawyers to move forward in the case more smoothly and swiftly.