Wednesday, February 15, 2012

Why The Most Common Questions Arise In Personal Injury Law

Article Directory :: Legal Articles

When an accident happens between two or more people, the general belief amongst most people is that the person that caused the accident will compensate the other parties in the accident for their damages. However, what naturally tends to happen is that rather then one person taking responsibility for their accident neither party involved will take responsibility. They will try and blame who ever else was also in their accident. Personal injury lawyers receive a plethora of questions from their clients, some of which tend to be extremely common. Here is a look at a few of the most common questions clients have for their lawyers.

The three most common questions any personal injury lawyer will receive are: What type of accident can I sue for? How much compensation should I ask for? How will I pay you for your services. Today we'll aim to answer all three questions.

In the first question we were asked, what type of accidents can a person sue for? Theoretically, as long as someone else caused your damages, you can sue them for your damages. This means, if you are in a car accident, slip fall, assault and battery, medical malpractice, or defective product incident, you can pursue a lawsuit against the person or people responsible for your injuries. In order to successfully sue another person, you must be able to prove that they actually were the cause of your accident. This process is called proving negligence. This is frequently the most difficult aspect to prove in personal injury law.

When it comes to filing for compensation, the general formula used by the personal injury lawyer, takes into account all of your damages, how much your insurance company covers and the remaining monetary value for your injuries. For example, the insurance of the accident victim is required to pay the accident benefits for their client. For all intents and purposes, the accident benefits take into account, the damages to your property, the injuries you have sustained, emotional trauma, medical rehabilitation costs and income replacement benefits.

The insurance has to provide their client up to $50,000 in accident benefits. If it is determined that your accident was worth $150,000, you and your personal injury lawyer will then file a lawsuit worth $100,000 against the defendant, because those are the remaining costs on your accident. Under some provincial laws, you can't file for $150,000 because the insurance company already compensated part of your benefits.

The third most common question is in regards to how you will afford a personal injury lawyer, on top of your damage costs. Presently, there are hundreds of lawyers who work on what is called a contingency plan. The contingency plan, is a contract in which the lawyer agrees to cover their own costs, contingent on the case being awarded compensation. Once the case has been awarded compensation, the lawyer receives one third of your compensation, to cover their costs during the trial. It is obviously in the lawyer's benefit to be successful in gaining compensation for their client.

Trying to find brain injury lawyer in Toronto? Then be sure to check out www.personalinjurylawyersintoronto.ca and find out more information on how these expert injury lawyers Toronto and accident lawyers can help you with your case!

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