Personal Injury Law FAQ
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Frequently Asked Questions on Personal Injury Law
- What steps should I take when injured?
- Why do I need a specialist personal injury lawyer?
- Why should I choose Himelfarb Proszanski?
- When should I consider suing?
- What is my claim worth?
- What happens if your injury meets the “threshold”?
- Is the first consultation free?
- What do we discuss during our first consultation?
- What is the cost of a lawsuit?
- Contact the police and provide them with all of the information they need about the accident.
- Get the names and addresses of everyone involved in the accident, as well as witnesses to the accident.
- Record the insurance information.
- Inform your family doctor of your injury.
- Contact your insurance company as soon as you can to inform them about your accident.
- Notify your school or employer.
- Get the contact information of the health care professionals that are involved.
- Keep receipts for all related expenses.
- Ask family members to record dates and times spent caring for you.
- Check to see if you have other insurance coverage from work, school or private plans.
- Contact Himelfarb Proszanski to understand your rights.
Hiring a personal injury lawyer ensures your case is taken seriously by insurance companies, while getting your case settled as fast as possible with the highest compensation that you are entitled to.
Your personal injury lawyer will deal with the insurance company and all of the documentation that is requested by them, reducing your anxiety and stress, while allowing you to focus on your recovery.
Your personal injury lawyer will make certain that the right experts are brought in to ensure that your rights are protected, and obtain vital documentation and reports. Evidence is gathered and presented to the insurance company and court to prove that you deserve the settlement and medical care that you should be entitled to.
Himelfarb Proszanski is a leading personal injury law firm. We provide a combined century of trial experience, which has led to the successful settlement of over 3,000 cases with combined settlement value in excess of ½ billion dollars. Our mission is to win your case. At Himelfarb Proszanski we build winning cases. That’s the HimPro Advantage™.
Our team of lawyers and their support staff are always ready to take on a case and fight for what you deserve. In fighting for your right to benefits and compensation, we also have a large roster of professionals ranging from safety professionals, engineers, private investigators, specialized accountants and CPAs.
Medical professionals are also among those we count upon to help your cause. Himelfarb Proszanski has access to medical leaders that are able to evaluate and assess using their expertise to help build irrefutable proof, so the insurance agencies cannot deny the extent and effect of the injuries incurred.
Insurance agencies are well aware of the lawyers of Himelfarb Proszanski, and we go to trial if our client is not satisfied with the most favorable agreement. Our lawyers go to trial and they win – it’s a fact. David Himelfarb’s background as a leading attorney for both the defense and plaintiffs gives him a unique perspective into how cases are handled. Mr. Himelfarb uses his knowledge of insurance companies to play on their tendencies and provides input into every case, making it an integral and invaluable part of your claim.
If you have been seriously injured by a third party, you can sue for compensation to pay medical bills, recover lost earnings, as well as the costs of getting trained in a new line of work. It’s important to speak to a lawyer as soon as possible after suffering a personal injury to understand your rights and if you have a case.
You will need to provide your lawyer with all available evidence and testify in court, if necessary. In many cases, both parties settle out of court, which means that a negotiation will take place regarding the settlement sum, terms and conditions.
In many cases, you can get compensation for all injuries, losses and damages which you suffer as a result of an accident or injury. There are different types of damages that you can claim, including general damages, loss of income, other pecuniary losses, and Family Law Act claims.
General damages provide compensation for pain and suffering and loss of enjoyment of life. The limit imposed by the Supreme Court of Canada is approximately $360,000.00.
In car accident claims, there are no general damages unless the claim meets a “threshold,” which means that you have to experience a permanent, serious disfigurement or impairment of an important physical, mental or psychological function. In addition, an injured person’s general damages may be reduced by a deductible established by law under the Insurance Act.
In terms of loss of income, you are entitled to recover any income that you have lost as a result of your accident, income that may be lost in the future, as well as damages for any reduction in your income earning ability, or ability to compete for work in the future.
In terms of other pecuniary losses, you can get compensation for out of pocket expenses as a result of your injury, such as travel expenses, housekeeping, home maintenance, as well as past and future care costs. In some cases, medical expenses that are not covered by OHIP or an insurance policy can be recovered.
In many cases, family members of an injured person suffer from the accident indirectly and are entitled to claim compensation for the losses they have suffered. These losses include any expenses incurred on behalf of the injured person, and compensation for the loss of the care, guidance and companionship which would have been provided by the injured relative if the accident did not occur.
To meet the “threshold,” you have to experience a permanent, serious disfigurement or impairment of an important physical, mental or psychological function. If you do meet the threshold, there is a $30,000.00 deductible from the amount of damages that you would otherwise receive unless damages awarded exceed $100,000.00. In that case, there is no deductible. You do not have to meet the threshold to claim for loss of income. The threshold only applies when the injured person is suing for general damages.
We discuss how your personal injury occurred, what injuries you suffered, your impairments and limitations, as well as how they affect your life and your ability to function. We let you know if you have a case. We then discuss your rights, outline the legal process and the role your lawyer plays in getting you the settlement and medical attention you are entitled to.
Your consultation is free and when your case is settled, legal fees are paid from the settlement based on a percentage agreed to at beginning of your lawsuit. We pay for all expenses, known as “disbursements”, such as medical, accounting and other experts. Then, we are reimbursed when your case is settled. If a lawsuit is not successful, you are not charged for legal fees or any expenses.
It’s important to discuss legal fees with your lawyer. Most personal injury lawyers work on a contingency fee retainer, which means that the lawyer gets paid a percentage of your recovery when the case is settled and you receive compensation. This means that if you do not receive money for your injuries, your lawyer does not get paid.
Here’s What Our Clients Say
Often the public perceives lawyers in a negative way; but I can honestly say that David Himelfarb has the utmost ethical standards of any lawyer that I have dealt with. He took the time to explain the particulars of my case, was always available to take my calls, always returned my calls and his team of Clerks and Assistants were equally as professional and courteous. Should I ever need legal representation, I can assure you that I will retain his firm.
My no fault benefit claim was handled by the firm and was settled quickly and for a very good amount. The firm is extremely professional and dedicated. I would highly recommend the firm to anyone who has been involved in a serious accident.
Victoria A. - Toronto, ON
I would like to extend a sincere thank you for your assistance regarding the legal issues and my claim for disability benefits. Your knowledge and expertise led to a quick resolution and a successful outcome. From the onset, you were honest with me about my case and yet always kept me in the loop as to what was going on. I appreciated your “up front” approach from our first meeting.
Take the First Step to Get the Best Settlement and Medical Care
Help is free. Timing is critical. If you have been injured and need legal help, book a free consultation today by completing the form below. You will also receive instant access to our free Checklist – your personal step-by-step reference guide on what to do after an injury.