Personal Injury
WHEN SHOULD I CALL A LAWYER?
Personal injury
As soon as possible if you have been seriously injured in a motor vehicle accident – whether you were a driver, a passenger, pedestrian, motorcyclist or bicyclist. The automobile insurance system is very complex. Hiring a lawyer early will help you navigate the insurance system and ensure you receive the benefits and compensation that you and your loved ones are entitled to, while you focus on recovery.
For Long-term disability claims
As soon as your claim is denied, or your benefits are terminated because the insurance company doesn’t think that you meet the test for disability.
PERSONAL INJURY LAWYER IN ELGIN COUNTY
Helping you put your life back together
When you or a loved one, have been seriously injured either in a motor vehicle accident or a slip/trip and fall, the last thing you want to think about is hiring a lawyer. You should be focussing on recovery, not on suing the individual responsible. There are often important timelines that need to be met that most people are unaware of. Without an experienced personal injury lawyer to ensure those timelines are met, the consequences can be disastrous – you may not be able to access benefits you are entitled to, or you may lose the right to sue.
Sandra understands that serious personal injuries and fatalities are life-altering and traumatic. She responds with compassion, understanding and guidance. She will ensure that you receive the benefits that you are entitled to. She will fight to obtain compensation for your losses.
Most importantly, Sandra is right here – in Elgin County – serving the community in which she lives.
Sandra’s personal injury practice is restricted to serious personal injuries or fatalities, and includes:
Motor vehicle accidents
Pedestrian, cyclist or e-bike motor vehicle accidents
Motorcycle accidents
Accident benefits
Slip and falls
Trip and falls
Occupier’s liability / unsafe conditions
Contact Sandra to determine if you have a claim.
There is no charge for an initial consultation and you will not be charged a fee unless Sandra is able to obtain compensation for your losses. The maximum fee that Sandra will charge for personal injury claims is 33%.
FREQUENTLY ASKED QUESTIONS
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For all personal injury matters, we offer a free initial consultation.
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No. We take all motor vehicle accident cases and other personal injury matters on a contingency basis – which means that we only get paid if we are able to settle your case, or win at the end of trial. There is no upfront financial commitment.
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Whether you can sue the driver that caused the accident will depend on how serious your injury is and how well you have recovered. Under Ontario law, you must have either a permanent and serious disfigurement (eg. scarring) or a “permanent serious impairment” of an important function before you can sue for pain and suffering. There is also a large deductible that applies to pain and suffering claims, and that deductible increases every year.
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If you have been injured as a result of a slip and fall or trip and fall, and the owner of the property or premises was negligent, you have the right to sue. Unlike a car accident case, there is no deductible in a slip and fall or trip and fall case.
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Gather as much evidence as you can. Try to determine what you slipped or tripped on. Get the names, addresses and telephone numbers of any witnesses. Keep the footwear you were wearing, and avoid wearing it again, if possible. Take photos as soon as you can, of the area of the fall and specifically what caused you to fall, if possible. Go to your doctor or attend at a hospital and make sure the incident and your injuries are documented. Give notice to the landowner that you fell and were injured. Be aware that there very strict timelines to provide notice to the landowner and without complying with those timelines, you may be prevented from pursuing a lawsuit.
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If we take your case on a contingency basis, then if we do not win your case, you don’t have to pay us.
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In Ontario, the vast majority of personal injury claims settle. And when it comes to motor vehicle accident claims, auto insurance companies are required by law to participate in a mediation, to try to settle the case. If the case does go to trial, and you lose, then the usual rule is that the loser has to pay the winner’s costs – and so, if we think that your case has problems and there is a risk we might lose at trial - we will get it settled, so you will never have to worry about the risk of having to pay costs.
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Accident benefits (also known as “no fault insurance”) are a bundle of benefits that are included under your automobile insurance policy and they may include: medical and rehabilitation, attendant care, income replacement, non-earner, caregiver and housekeeping to name a few. What benefits are included under your auto insurance policy will depend on the premium that you have paid but every auto insurance policy will include a minimum amount of accident benefit coverage.
Accident benefits are important if you have been injured in an accident involving a motor vehicle.
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Our office is located in downtown St. Thomas, in the historic Canada Southern Railway Station, at 750 Talbot Street, St. Thomas. We are only 20 minutes south of London. We are not a satellite office for a big city law firm that is only open by appointment. Our office is open Monday to Friday from 8:45 am to 5:00 pm. If we are open, we are here.
FREQUENTLY ASKED QUESTIONS
Disability Claims and CPP Disability Benefit Denials:
Your long-term disability insurance policy will set out the benefits that are available to you and how and when they will be paid. Sometimes the insurer determines that you are not entitled to receive long-term disability benefits. It is possible to overturn these decisions however, this usually means that you must start a lawsuit.
CPP Disability benefits are available to individuals who have suffered a “severe and prolonged” disability that prevents them from engaging in any type of gainful employment.
Often people find that their application is denied despite the fact that their own treating doctors believe that they are not capable of working in any capacity. There is an appeal process available and, in many cases, the denial of CPP Disability benefits can be overturned. There are timelines within which you must appeal a denial of CPP Disability benefits and so, it is important that you consult a lawyer as soon as you receive the denial letter.
DISABILITY CLAIMS
Guiding you on the appropriate course of action
Sandra can help you understand your rights and can guide you on the appropriate course of action if your long-term disability benefits have been terminated or you have been denied CPP Disability benefits.
There is no charge for an initial consultation.
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For all disability matters, we offer a free initial consultation.
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No. We take all long-term disability appeals and CPP disability appeals on a contingency basis – which means that we only get paid if we are able to settle your case, or win at the end of trial. There is no upfront financial commitment.