HIRING A LAWYER & ASSESSING YOUR CASE
WHEN SHOULD I HIRE A LAWYER?
As soon as possible. In some cases, you must send a notice letter within a few days of the accident or you may lose your right to sue. Evidence may be lost or forgotten and witnesses may move away or forget what they saw, so the sooner you hire a lawyer, the stronger your case is likely to be.
At Will Davidson LLP we help you deal with your insurance company, and we can inform you of benefits your insurance company may not tell you about. If you are in hospital or unable to leave your home, we can come to you.
WHAT ARE YOUR FEES?
On July 1, 2021, the Law Society of Ontario implemented its Contingency Fee Reforms. The Reforms are intended to enhance consumer protection, improve transparency and fairness for clients, and facilitate access to justice.
WHAT TO KNOW
New regulation, O. Reg. 563/20 now requires use of a new standard form contingency fee agreement. Key elements of the new standard form agreement are:
- Costs included in the amount on which the contingency fee is based
- Provisions on what can and cannot be charged to a client as disbursements
- Plain language to ensure that the agreement is easily understood by clients and licensees alike.
Will Davidson LLP recognizes its role in promoting the values of the Reforms and acknowledges the unique nature of each client’s matter. Accordingly, our new Contingency Fee Agreement has implemented a “sliding scale” model, designed to charge varying fees depending on when the client’s matter reaches resolution. For example, a client will be charged a lower contingency fee if their matter settles at mediation as opposed to a trial.
Our contingency fee for tort claims ranges from 20 to 40% plus HST, depending on the specific circumstances of your case. Our contingency fee for accident benefits claims ranges from 25 to 33% plus HST, depending on the specific circumstances of your case.
For more information regarding our fees, please contact us for your free consultation today.
WHAT SHOULD I BRING TO MY FREE INITIAL CONSULTATION?
At the initial interview, we will aim to find out as much as possible about your case so we can give you the best advice available. This includes asking you about your:
- Work history
- Family history
- General background
- Previous medical conditions
Please bring all the notes and documents you have to the interview – for example, expense receipts and police, insurance and medical reports. Write down the details of the incident and your injuries, in as much detail as you can. All your information will be kept strictly confidential.
BENEFITS AND DEALING WITH YOUR INSURANCE COMPANY
WHAT SHOULD I DO IF THE INSURANCE COMPANY CALLS?
If your insurance company wants you to talk to an adjuster, you should be aware that anything you say will go on file and could affect your future claims. Do not speak to the adjuster if you are in hospital or otherwise medically unable.
Get legal advice and know your rights before you talk to the adjuster. We will be able to tell you which benefits you are entitled to and help you get those benefits. We can also represent you if you meet with the adjuster, so the answers you give will strengthen your case instead of being used against you.
DOES ‘NO FAULT’ INSURANCE MEAN I CAN’T SUE FOLLOWING AN AUTOMOBILE ACCIDENT?
No. If your car accident related injuries include a serious permanent impairment of an important physical, mental or psychological function, you may be able to sue the other driver. Please contact Will Davidson LLP for a free, no-obligation initial consultation and to find out more.
‘No Fault’ refers to the benefits included in your insurance. They apply to anyone injured in a car accident and are part of every car insurance policy in Ontario. If you have been injured, even if you are at fault, you may be entitled to Statutory Benefits (see motor vehicle accidents). We will be able to help you through the application process and protect your rights.