Car Accidents

Anyone who was injured in an accident involving a car, SUV, truck, or motor vehicle should call Legate Injury Lawyers to find out if they have a case. We need to know the facts to give an opinion.

Hire a lawyer as soon as possible. Most lawsuits must be commenced within two years of the collision date. Extensions apply for children and incapacitated individuals.

An injured person should contact the applicable insurance company within seven (7) days. After notice is given, a claims representative will provide the injured person with specific forms to be completed. These forms, such as an OCF-1 and OCF-2, must be completed and submitted to the insurance company within ten (10) days. The insurer may also request an OCF-3 (“disability certificate”) to be completed by the injured person’s doctor or therapy provider. Some exceptions can be made to applications made outside of these periods if the injured person has a reasonable explanation for the delay. nnRemember: these initial forms submitted to the insurance company are the only information that the claims representative will know about the accident benefits claim for some time. That’s what makes their content so important.n nSoon after the initial forms are submitted, the insurance company will start requesting medical, rehabilitation, and financial records. Applicants should know that signing an OCF-5 form will give the insurance company authority to order claimants’ medical records relating to their injuries and pre-existing conditions.nnOur talented teams of lawyers and law clerks are skilled at completing the above-mentioned forms and obtaining the records and documents required for accident benefit claims.

Unfortunately, insurance companies commonly deny accident benefit claims. When this happens, negotiation and legal assistance from one of Legate Injury Lawyers can be a valuable tool in obtaining the denied benefit. An appeal to the License Appeals Tribunal may also be necessary, a process which can take months or years to occur. Time is of the essence.

Most accident benefits expire after threshold amounts of money are spent or time periods expire. For example, medical, rehabilitation, and attendant care benefits have $3,500, $65,000, and $1,000,000 maximums based on the type of injury suffered. Also, income replacement and non-earner benefit tests change after two years. You should speak to a lawyer well before your benefits run out (or two years pass), as more benefits are likely available if there is a viable lawsuit related to the collision.

Don’t worry. There are insurance policies and victims’ funds available under many circumstances.

There is no easy answer to this question, especially in the immediate aftermath of an injury. We cannot estimate a dollar figure without first:

– Talking with you
– Reviewing the relevant medical, financial, and liability records
– Analyzing the legal aspects of your claim
– Knowing what maximal recovery looks like for you.

As more information is gathered and your case progresses, we can provide you with what we believe is a reasonable valuation of your claim.

If clients are under the age of 21, they will typically have a parent involved in the lawyer-finding process. If under 18, they must legally have a parent involved and are not legally capable of signing a contract with us. Beyond this, our clients are from all ages. nnClaims of younger individuals are generally worth more due to the potential for longer periods of rehabilitation needs or lost income. Claims for people in their 40s-60s are typically a bit easier to litigate because of patterns that are likely present in their lives at that point. Claims for people in their 70s and 90s are typically complicated by pre-existing injuries. However, there are often losses to their children and other family members (such as childcare), which could promote a higher claim under the Family Law Act for lost services.

Yes. In some circumstances, such as an injury caused by an uninsured or underinsured driver, your own insurance company can be named as a defendant if certain policies were purchased.

Every case is unique. Some cases take a year. Some cases take five years. Some case may take longer. It depends on factors such as the legal and factual complexity of your case and the amount of time it takes for you to reach maximal recovery. It is only at this point that we can assess your future needs and ensure that you receive the compensation that will satisfy these needs. Rest assured we will work hard to settle your case as quickly as possible. But many circumstances are out of your—or our—control.

A case can settle at any time; over 95% of car accident lawsuits settle without trial. However, Legate Injury Lawyers always prepares as if trial is certain. We have worked to develop a reputation of being prepared litigators who don’t back down or take quick settlements.

If we agree to proceed beyond an initial investigation in your case, we usually enter into a contingency fee agreement that governs how we are paid. Most individuals cannot afford to pay upfront for a lawsuit. Contingency fee agreements facilitate access to justice by allowing you to compensate us for our time by paying a percentage of the amount you recover at the end of the case. The percentage fee is decided upon based on the risks in your particular case, the amount of resources we will spend to properly prepare your case, and other factors that we will discuss together.nnThe Law Society of Ontario requires firms to publish the maximum contingency fee they charge to ensure the public can make informed decisions. Unless a court orders otherwise, our fee will not be more than 35% of your damages and costs. Your fee may be lower. Fees will always be discussed and agreed upon in advance to ensure there are no surprises.