FAQs
At Goldstein DeBiase, we receive many questions from our clients about personal injury law and our services in Windsor. You may find that someone else has the same questions as you do. We have addressed some of the frequently asked questions and provided some helpful responses. We always suggest you bookmark this page for any future reference. If you don’t see your questions answered, contact our law office today.
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In most cases, we accept cases on a contingency fee agreement so you will not be charged any legal fees unless there is a financial recovery for you, and the fee is only charged after the money is paid by the other party. This arrangement allows those who are not able to afford the legal fees to pursue their claim for compensation without any additional financial burdens. Please see the FAQ below as to the amount of the contingency fee that will be charged.
Q: What Are My Rights If I Have Been Injured?
A: If you have been injured as a result of the negligence of another person or entity, you will be entitled to pursue a claim for medical expenses, lost wages, pain and suffering, and loss of enjoyment of life.
In most cases, the law requires that you start a lawsuit within two years. But depending on the nature of your claim, there may be shorter time limits and notice periods. Contact our lawyers immediately to determine the rights you have and the time limits that apply to your claim in order to protect your legal rights.
Q: Do I have a case?
A: The claim you have is based on whether or not some other person or entity is at fault for your accident. “Fault” can arise from some action or failure to act. We will discuss this with you in detail at our initial meeting.
Q: Why do I need a firm that focuses on personal injury? Can’t my family or real estate lawyer handle my case?
A: The area of personal injury law is constantly changing and evolving. The legislation regarding motor vehicle claims is complex and requires familiarity with numerous statutes. Some lawyers practise in a number of areas but it’s unrealistic to expect a lawyer to have expertise in every area of the law. Our lawyers specialize in this complex area of the law.
Q: I Have Been in a Motor Vehicle Accident. What Should I Do First?
A: You should get the proper medical care at the earliest possible opportunity. You should obtain names and contact information of any witnesses, and notify police. You are entitled to collect accident benefits from your own insurer and should apply for these benefits right away.
Q: What are accident benefits?
A: Accident benefits are benefits provided by your own insurer to pay for a portion of your lost income, for treatment of accident-related injuries and rehabilitation.
If you do not have auto insurance, you are entitled to collect these benefits from the insurer of a car in which you were a passenger, a person you reside with or the at-fault driver’s insurer.
Q: The Accident Was Not My Fault. Why Would I Collect Benefits from My Own Insurer?
A: The law in Ontario offers a no-fault system of auto insurance, which allows items such as accident benefits and property damage claims to be processed through your own insurance company regardless of who is at fault in the accident.
Q: What should I do if an insurance adjuster offers me a settlement?
A: Before you accept any settlement, it’s your right to obtain appropriate legal advice. It is in your best interests to do so, as the adjuster works for the insurance company. Their job is settling cases with the least expense to their employer.
Q: How long will it take?
A: Each case is unique and the time period it will take depends on various factors. Your claims cannot be settled fairly until your medical condition has stabilized. Medical reports are then obtained to help in determining the value of your claim. From the time we meet you until the time your claim is settled or a trial takes place is usually between 2 to 3 years. In some cases, it is a much shorter period. But if your claim is complicated or you have serious injuries, it can take longer.
Q: What is the Contingency Fee that I will be Charged?
Most clients that retain our law firm to represent them enter into a contingency fee agreement with us. The contingency fee that will be applicable to your case depends upon a number of factors, including, but not limited to, the complexity of your case and the stage at which your case resolves. We will charge a contingency fee in the range of 25-30% of the amount that you receive from the other side, including any amount that you receive towards your legal costs, but excluding any amount received towards disbursements and taxes. A different fee arrangement may apply if your case proceeds to a trial or hearing, which will be explained to you upon review of our retainer agreement.