In Ontario, no driver can sue another driver, but, if you get hit while on the road, you can file a claim with your own insurance company. You can use that lawsuit to obtain money for repairs to a damaged vehicle or replacement of a totaled vehicle.
How can drivers get compensated for any injuries?
• The driver must file a lawsuit.
• A judge decides on the size of any award given to the plaintiff.
Factors/circumstances considered by judge when reaching a decision:
• Complexity of case
• Any risk assumed by the client’s lawyer
• The extent of the victim’s recovery
• Percentage of costs awarded
• Chances for success with winning lawsuit
How does the lawyer get paid?
A Car Accident Lawyer in Waterloo normally charges a contingency fee. That means that the hired attorney takes a given percentage of the money awarded to the plaintiff. Lawyers must respect the presence of government oversight, with respect to the selection of a contingency fee. The appropriateness of any fee charge by a personal injury lawyer gets determined by the Solicitor’s Act.
Not all types of cases can be handled by a personal injury lawyer. If someone has been charged with a crime, as opposed to a simple act of negligence, he or she needs a criminal defense lawyer. Issues that concern family matters fall under the category of family law, and must be handled by the appropriate attorney.
Possible ways by which a client can handle the cost of an attorney
Some companies lend plaintiffs money, when it looks like the plaintiff feels certain of winning the case, and thus of getting money. Someone guilty of a lesser crime might elect to use a paralegal, as opposed to a more expensive criminal lawyer. Experienced paralegals can handle cases that relate to shoplifting or petty theft.
Sometimes a paralegal can offer a service that might not be provided by a given criminal defense lawyer. For instance, a paralegal might know the client’s native language. A paralegal might be able to provide the client with a document that can be presented to the judge.
Is there any chance that a personal injury lawyer might not get any money after winning a case?
Yes, that is possible, if that attorney took a case involving a claim in a motor vehicle accident. Ontario asks each person winning an award to pay a deductible. If the cost of that deductible were to equal the amount awarded by the judge, then the plaintiff’s attorney would not be able to take home a single penny.
Fortunately, that situation seldom arises. Lawyers usually take cases that they know they can win, and get paid for winning. Still, the fact that such a situation could arise showcases the problems with the legal system in Ontario. The lawyers in that Province object to the limitations on the benefits for pain and suffering.
Is the system in the United States better? Ask a Canadian that got hit in the U.S. and chose to file in a U.S. court.