Personal Injury – Frequently Asked Questions

You should contact a lawyer immediately so that your lawyer can ensure that your accident benefit policy (if injured as a result of an automobile accident) is effectively used to pay for a range of services and devices such as in home attendant or nursing care, home accessibility modifications and vehicle modifications, chiropractic, psychological, physiotherapy services; medication; rehabilitative equipment; vocational training.

You need a highly qualified Occupational Therapist and/or Case Manager quickly to ensure your rehabilitation is arranged and coordinated and that your home is a safe setting for you to return to.

We can come to the hospital prior to your discharge to provide you with your free consultation and take all the time needed to explain your rights and ensure everything is in place for your return home.

You are allowed to select your own treatment providers to assist you with your recovery. A specialized personal injury lawyer will have a network of qualified health professionals that you can choose from. This is an important decision that you should be involved in since these professionals will be working with you closely and you should feel very comfortable with them.

Please bring with you any of the following documents that you may have:

• insurance pink slip or certificate
• your driver’s license or other photo ID
• contact information for your insurance company
• the police motor vehicle/ car accident report or occurrence number and any other police documents including the officer’s card if it was provided to you
• photographs of the scene of the accident and your injuries
• an estimate or any appraisal of property damage to your car or vehicle
• record of your salary (pay stubs from your employer, a T4 slip or Canada Revenue Agency Record of Assessment)
• any letters from your insurance company
• any letters you may have received from the other party to the accident
• any medical reports or notes/scripts from your doctor
• a list of your treating physicians and medical specialists you have seen

Even if the accident was your fault, you are still entitled to accident benefits. These benefits can be substantial if your injuries are serious.

If you are injured in a car accident or in any other injury caused by someone else being at fault, you may have a claim against the person who caused your injury, even if they only did so partially. Even if you were partially at fault, the law will apportion fault between you and the other party and you can still recover based on the other party’s degree of fault.

If you were injured in any of the following ways, call us for a free consultation to explain what happened so that we can accurately assess your case and let you know whether you are entitled to make a claim.

There are several factors we must consider before we can estimate the value of your case. Generally, if your case involves an automobile accident, there are two ways you can claim for compensation. The first is recovering damages from the person who was at fault for your accident and the second is Accident Benefits which are available to anyone injured in an automobile accident, whether they were a driver, passenger or pedestrian. You can get compensation for your pain and suffering and for the financial losses caused by the accident. Accident benefits can provide immediate payments to replace lost income and fund treatment.

Contact us for a free consultation and we can discuss with you the value of your losses and how best to recover the compensation you deserve.

We only work on a “contingency fee” basis. This means that you do not pay anything unless we recover money for you in a settlement. When we successfully settle your claim, our legal fees are paid from the amount of your award and are usually a percentage of your award agreed upon beforehand.

Besides your lawyer’s fees, the other cost of your lawsuit is disbursements, which are expenditures, made by your lawyer on your behalf to advance your claim, including court filing fees and the cost of photocopying and medial reports. Your disbursements are typically paid for by the other party or Defendant. If they are not completely covered by the Defendant, they will be deducted off your settlement.

We will explain the terms of the contingency fee agreement with you during your free consultation.

Although the amount of time it will take to resolve your claim depends on the complexity of the issues involved, most serious cases are usually resolved within 2 to 4 years from the date of the injury. Less complicated claims can resolve within 2 years.

Virk Personal Injury Law does everything possible to resolve your claim as quickly as possible while being mindful of what is in your best interest.

If you were employed at the time of the accident or if you worked for at least 26 weeks of the year before the accident, you can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 70% of your gross income up to a maximum of $400.00 per week. See the Accident Benefit section for more details.

You may also be entitled to receive short term disability benefits and/or long term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer.

If someone is at-fault for your injuries, we can recover the remaining loss of income in your lawsuit.

Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including, loss of income, medical expenses, pain and suffering, etc. If you have been injured on someone else’s property, contact us immediately so that we can begin assessing your case. Also, consider consulting with a lawyer before interviewing with insurance adjusters or investigators hired by insurance companies. Knowing your rights is beneficial in every case.

There are many different avenues to take if you are not currently insured. Your accident benefit claim may proceed through the at fault driver or alternatively through the Motor Vehicle Accident Claims Fund. Ask the lawyer which avenue applies to you.

Yes, so long as the party at fault has insurance. His or her insurance company will pay for the damage to your vehicle and for your pain and suffering. Your medical bills will be paid at the conclusion of your case from the settlement proceeds.

This is a common question that most of our prospective clients ask during their initial consultations.

There are several factors to consider before we can estimate the value of your case. By gaining a better understanding of your injuries, we will be able to determine if there are going to be any future considerations. For instance, an injury that is minor today can become quite serious in the future. As a result, there would be medical bills, lost opportunities and lost wages (past & future) to consider, all of which would factor into determining the true value of your case. We can discuss your situation at length during your initial consultation.

The insurance company should pay for any and all reasonable necessary medical and rehabilitation benefits incurred. The amount of benefits will depend on the nature of the injury and whether or not you have suffered a “catastrophic impairment”. If the person is not catastrophic, you are entitled to a maximum of $100,000.00 in medical and rehabilitation expenses. Please ask the lawyer under which category your injury falls.

Our firm works exclusively on a contingency fee basis. This means you don’t pay unless there is a settlement.

1. General Damages – damages for pain and suffering
2. Income Loss – damages for lost income as a result of an accident or loss of competitive advantage
3. Out-of Pocket Expenses – expenses incurred as a result of an accident (ie: housekeeping help, prescriptions, medical rehabilitation)
4. Bad Faith damages – damages awarded if the opposing party has done something so “high-handed” that it warrants damages over and above all other headings

Many of you are aware of social networking sites such as ‘Facebook’ or ‘Myspace’ on the Internet. These sites allow users to post information on the web about their personal life, including pictures, blogs, messages and even updates on day-to-day activities. Although these sites may seem private, they can have a damaging effect on your legal case.

Under the Rules of Civil Procedure, rule 30.06 states that “a party has a positive obligation to disclose every relevant document in a party’s possession…”

We recommend that you do not publish material on social media while you are involved in a personal injury action. The contents may have damaging consequences to the outcome of your case.