Although we reside in one of the safest countries in the world, all Canadians live with an element of risk every single day.  It might not be foremost in our thoughts but the risk of injury, great or small, is present in most activities.  This blog is in no way meant to scare or limit individuals from living their lives fully, but it is a reality that many institutions take seriously in terms of limiting their liability.  Laws and regulations (including traffic regulations, criminal laws and insurance regulations) are put in place to protect the public from harm, injury and potentially dangerous situations, all in an effort to prevent unexpected loss of life and financial losses.

Car accidents are unfortunately an ever present risk in our daily lives, and in fact, is one of the greatest risks of injury for most Canadians.  Our actions and the actions of others can drastically increase or decrease the risks of being involved in a car accident.

At Burn Tucker Lachaîne, our Ottawa area personal injury lawyers are often called by accident victims with questions about their rights and options after they or a family member were hurt in a collision. We offer a free initial consultation, available with both English or French speaking lawyers, to discuss the particulars of your accident and injuries and give you legal advice on your options.  We are committed to obtaining rightful compensation for our clients and also to making ourselves available to answer questions and provide guidance throughout the claims process.

Here are a few of the common questions that we are asked by our clients.

One of the first questions we are often asked is “What can I do?”  Our personal injury lawyers treat every client and case individually because every client’s experience is unique.  Some injured persons call us the day after the collision, while others may have already undergone extensive medical and rehabilitation care.  Some clients submitted an accident benefit claim with their own auto insurer and are wondering whether they can or should sue the ‘at fault’ driver as well.  Some clients seek our help after an unsuccessful exchange with an insurance adjuster or when their claim is denied by their insurance company.  Whatever your questions or circumstances, you can be assured that lawyers at Burn Tucker Lachaîne will do their utmost to address your concerns and vigorously represent you in a court action.

“What can I be compensated for?”  If you were seriously injured in an accident resulting from another person’s negligence, you may be entitled to compensation for pain and suffering, long term medical care for rehabilitation, loss of income while you were recovering, future income loss, and home maintenance and housekeeping expenses.   Family members may also claim for some of the losses they incurred while helping to care for their loved one.

“When can I sue?”  We advise that a person speak with a personal injury lawyer soon after they are hurt.  The general rule of thumb is that you have a two year limitation period from the date of the accident within which you may start a claim against the negligent party.  However, it is in your best interests to have your case assessed by a personal injury lawyer as soon as possible after an accident to ensure that relevant evidence is gathered to substantiate your claim.  This includes medical reports, police/accident reports, photographs or video from the scene of the accident, and other important evidence of the accident and your losses.

“How much is my claim worth?”  Many circumstances and factors are taken into consideration in determining the value of a claim.  The type of injuries and their severity generally have the most impact on the injured person’s well-being and their losses suffered in the aftermath of an accident.  However, every person heals differently and sometimes psychological injuries and/or chronic pain persist after the initial physical injuries appear to have subsided and these complications can have a substantial impact on an accident victim’s enjoyment in life and his or her ability to work.  The age of the injured person and whether they are contributing to the family income are also important factors in the calculation of damages.   If a working adult is severely injured and are no longer gainfully employed due to their injury, they may be compensated for lost income until they have recovered or  until their expected age of retirement in some cases.  These are some of the factors considered in assessing the financial compensation to which you are entitled, but a realistic assessment requires consideration of all the unique facts of your case.

“How long before I get a settlement?”  This question is also dependant on the circumstances of the case and willingness of the insurer to settle.  The vast majority of claims are settled through negotiation with the insurance company, without going to trial.  Unfortunately, some cases require many years to reach a favourable settlement for accident victims.  Having a committed personal injury law firm represent you against insurance companies is an advantage in resolving a claim favourably and efficiently.

In order for us to effectively assess your case, it is helpful if clients are prepared for the first meeting.  Medical documentation, proof of lost wages and photographs are some of the information that can be used to validate your losses.  The staff at Burn Tucker Lachaîne welcome your questions, and can also help in the completion of any required applications and in obtaining evidence pertaining to your personal injury claim.

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